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HomeMy WebLinkAboutA - 24-12-RFP - CDBG Grant Administration Services REQUEST FOR PROPOSAL 24-12-RFP CDBG GRANT ADMINISTRATION SERVICES Contact Person Jessica Graham, CPPB Procurement/Contracts Manager Phone: (772) 388 – 8231 Email: jessgraham@cityofsebastian.org *Dates in this schedule occurring after the release date may be amended by the City. The City reserves the right to delay or modify dates and will notify Proposers of all changes. It is the Proposer’s responsibility to check for addenda associated with this solicitation. PROPOSED SCHEDULE EVENT DATE TIME RELEASE DATE: Thursday, May 30, 2024 - PRE-PROPOSAL MEETING N/A 10:00 AM Local Time QUESTIONS DUE DEADLINE: Thursday, June 11, 2024 2:00 PM Local Time PROPOSAL DUE DATE: Thursday, June 20, 2024 2:00 PM Local Time EVALUATION MEETING Week of June 24th (Tentative) 2ND EVALUATION MEETING (IF NEEDED) TBD TBD RECOMMENDATION OF AWARD – CITY COUNCIL MEETING Wednesday, July 10, 2024 6:00 PM Local Time PROPOSAL SUBMITTAL All bids must be submitted via VendorLink electronically https://www.myvendorlink.com/. 24-12-RFP Page 2 of 42 In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at the pre-bid conference or bid opening should contact the City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her special requirements. REQUEST FOR PROPOSAL The City of Sebastian is requesting proposals from qualified individuals or firms to provide grant administration services for the City’s Community Development Block Grant (CDBG) funded by the U.S. Department of Housing and Urban Development (HUD). All procurement and contracting for these services shall follow CDBG guidelines and regulations as well as the state and federal regulations including 2 CFR, Part 200, Appendix II to Part 200; 24 CFR Part 85; 24 CFR Part 570.489, 490, 502, 506, 508 & 509. The City of Sebastian is wholly committed to developing, establishing, maintaining, and enhancing MBE/WBE/DBE business involvement in the total procurement process. The City, its contractors, their suppliers and subcontractors, vendors of goods, equipment, services, and professional services, shall not discriminate on the basis of race, color, religion, national origin, age, handicap, or sex in the award and/or performance of contracts. RFP SUBMITTAL Bid submittals are due at the date and time indicated on the cover page or as amended in the form of an addendum issued by procurement. All solicitations and supporting documents will be posted on VendorLink at https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. It is the sole responsibility of the Contractor to ensure that their response is submitted through VendorLink no later than the time and date specified in the solicitation or subsequent addenda. The City shall not be responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or any other means not specified herein will not be accepted. PRE-PROPOSAL MEETING A Pre-Proposal Meeting will not be held. QUESTION DEADLINE The deadline to submit questions concerning this RFP will be Tuesday, June 11, 2024 by 2:00 PM local time. Any and all questions or communication regarding this RFP should be emailed only to the City’s Procurement/Contracts Manager at jessgraham@cityofsebastian.org. Contact by a proposer (or anyone representing a bidder) regarding this RFP with the City Council or a City employee/representative other than this point of contact is grounds for disqualification. BID OPENING All sealed bids are due by Thursday, June 20, 2024 by 2:00 P.M. local time. Only the NAME of the contractors who submitted a response to this Request for Propsoal will be read aloud. All bids submitted to the city become public record unless exempt under Florida or other law as outlined above herein. 24-12-RFP Page 3 of 42 Late bids will not be opened or announced. Bidders have the option of picking up or paying for the mailed return of their late, unopened Bid. If this option is not exercised within five (5) days of the Bid Opening date, the late, unopened Bid will be disposed At its sole discretion, the City may reject any and all bids or accept any bid or portion thereof deemed to be whatever is in its best interest and to waive any non-substantial irregularities. Publish: Sunday, June 2, 2024 Publication: Indian River Press Journal/TCPalm By: Jessica Graham, CPPB Procurement/Contracts Manager 24-12-RFP Page 4 of 42 TABLE OF CONTENTS REQUEST FOR PROPOSAL 1 TABLE OF CONTENTS 4 SECTION 1 – SCOPE OF WORK 5 SECTION 2 – GENERAL TERMS AND CONDITIONS 8 SECTION 3 – SPECIAL CONDITIONS 22 SECTION 4 – EVALUATION PROCEDURE 25 SECTION 5 – FORMS 31 • CONTACT INFORMATION SHEET 32 • CORPORATE RESOLUTION 33 • NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 34 • DRUG FREE WORKPLACE PROGRAM 35 • CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 36 • CERTIFICATION REGARDING LOBBYING 37 • CERTIFICATION REGARDING SCRUTINIZED COMPANIES 38 • REFERENCE LIST 39 • SUBCONTRACTOR LIST 40 • ADDENDA ACKNOWLEDGEMENT 41 SECTION 6 – PROPOSAL PRICE FORMS 42 ATTACHMENT A - APPENDIX II TO PART 200 Attached ATTACHMENT B - DUNS, CCR AND CERTIFICATION REGARDING DEBARMENT FORM Attached 24-12-RFP Page 5 of 42 SECTION 1 – SCOPE OF SERVICES 1.1 SCOPE OF WORK 1.1.1 The successful Proposer shall have the proven ability to provide full and complete program administration, including but not limited to, management and supervision of the program, review and processing of required documentation; review existing policies to ensure grant compliance and develop new policies if required as part of t he grant process; application notification requirements, grant file preparation and maintenance; contractor selection; on-site client interviews; prepare monthly project reimbursements and reports for City approval; prepare monthly project status reports to the City no later than the 3rd day of each month; Prepare project closeout documents and reports. 1.1.2 All records shall be maintained in accordance with state and federal CDBG requirements. Submission of a proposal implies the Proposer’s intent of following the specified requirements and conditions described in this RFP including all terms and conditions set forth in the HUD Agreement (not expressly referenced in the RFP). The successful Proposer shall be present during the project closeout meeting and shall provide all requested program documentation, forms and exhibits. An award, if made, will be made to the best overall Proposer whose proposal is most advantageous to the City, taking into consideration the evaluation factors set forth in this RFP. 1.2 THE CITY’S OBLIGATIONS 1.2.1 Shall make available to the Consultant any data available in the City’s files pertaining to the work to be performed under this agreement. 1.2.2 Shall, upon contract award, pay fees and other compensation in accordance with a fee schedule to be incorporated in a final contract. 1.2.3 Shall have the sole right to determine which units or sections of the work that the Consultant shall initiate and in what order. 1.2.4 Shall decide and dispose of all claims, questions, and disputes arising under this agreement. 1.2.5 Reserves the right to audit the records of the Consultant related to this agreement at any time during the contract period and for a period of three years after final payment is made. The Consultant shall provide copies of any records solely at the cost of reproduction. 1.3 THE CONSULTANT’S OBLIGATION 1.3.1 The Consultant shall administer the City’s CDBG in accordance with HUD’s CDBG agreement (forthcoming), the City’s Consolidated Plan (Exhibit A) & Annual Action Plan (Exhibit B) along with other applicable documents and requirements related to the administration of the grant. All professional services must be to current professional standards and adequate qualified staff shall be maintained for the duration of the CDBG award. Specific tasks involved with this project include, but are not limited to: 1.3.1.1. Prepare the City’s 5 byear Consolidated Plan and Annual Action Plans 24-12-RFP Page 6 of 42 1.3.1.2. Update the City’s existing Citizen Participation Plan (CPP) to follow the most recent guidelines provided by HUD 1.3.1.3. Update the City’s existing Housing Assistance Plan (HAP) to include verbiage regarding the grant awards allowed per household during the program cycle 1.3.1.4. Assist the City in the actions approved by HUD for the CDBG within the specified budget. 1.3.1.5. Perform a compliance review and request release of project funds. 1.3.1.6. Assist City staff with the financial procedures for receiving funds and disbursement of payments; Assist in financial reporting. 1.3.1.7. Prepare spreadsheets of budget and expenditures and monitor budget and expenses. Monitor and administer all program activities to ensure that all required expenditure and timeliness standards are met. 1.3.1.8. Assess and ensure the local government’s compliance with federal regulations concerning procurement, employment, personnel and property management, records retention, fair housing, ethics, etc. 1.3.1.9. Provide assistance in solicitations for needed services. 1.3.1.10. Retain CDBG related files/records for the length of time required by HUD and the US Department of Housing and Urban Development and provide access to those files as needed. 1.3.1.11. Produce and submit required program reports, including any quarterly, final, Section 3 and Women and Minority Business-Owned Enterprises (W/MBE) reports, and other reports as may be requested. 1.3.1.12. Represent the local government during agency monitoring visits and inquiries. 1.3.1.13. Provide responses to audits and monitoring reports for review and approval by City. 1.3.1.14. Develop corrective action plans to address noted deficiencies (from audit or monitoring reports). 1.3.1.15. Recommend policy and/or grant amendments. Take necessary actions in response to the local government’s decision, such as advertising and conducting public hearings, updating the project environmental review file, and attended meetings. 1.3.1.16. Perform program close-out activities, including submission of reports and provision of follow- up information. 24-12-RFP Page 7 of 42 1.3.1.17. Other administrative tasks related to the CDBG for the successful administration and closeout of the grant. 1.3.1.18. Ensure compliance with all applicable CDBG requirements. 1.3.1.19. Attend meetings as needed and requested by the City. 1.4 COMPENSATION 1.4.1 Program administration costs (including all costs incurred by the city for administrative (ex. legal advertisements), planning, and management) are limited to 20% per year. For current fiscal year work, the City’s preferred method of compensation is the Lump-Sum method. For prior fiscal year work, the City’s is requesting an hourly rate schedule. 1.4.2 Progress payment may be requested. All invoices shall include the City Purchase Order number, the name of the project, the authorized amount, the total of previous billings, the current billing amount and the amount remaining unbilled. In addition, a sufficient narrative summary of services (including pass-through costs, etc.) which provides a thorough explanation of expenses invoiced under the current billing amount shall be billed. 1.4.3 No out of scope services shall be provided in the absence of prior, written authorization in the form of a supplemental agreement and issuance of an appropriate change order to the existing Purchase Order. The City will accept no obligation for any services provided which do not conform to this requirement. 1.4.4 Payment will only be made for work performed. Advance payment for work not started or completed is not allowed. 1.5 QUALIFICATIONS 1.5.1 Proposer shall be in the business of providing grant administration services, specifically for CDBG. Proposer must possess sufficient experience and financial support to ensure that it can satisfactorily perform the services, if awarded the contract. The Proposer must have a sufficient number of qualified staff in the applicable disciplines to complete the work in the time required and in accordance with the State of Florida and U.S. Department of Housing and Urban Development CDBG requirements. The Proposer shall have an office located within the State of Florida. 1.5.2 Proposer must possess sufficient financial support, equipment and organization to ensure that it can satisfactorily perform the services. 24-12-RFP Page 8 of 42 SECTION 2 – GENERAL TERMS AND CONDITION 2.1 DEFINITIONS 2.1.1. Request for Proposal (”RFP”): This solicitation document, including any and all addenda. 2.1.2. City: Refers to the City of Sebastian. 2.1.3. Days: Refers to calendar days, unless otherwise stated. 2.1.4. Contract or Agreement: Request for Proposal, all addenda issued thereto, all affidavits, the signed agreement, and all related documents comprising the totality of the agreement between the City and the Contractor. 2.1.5. Contractor: Selected bidder awarded a contract to provide the goods or services to the City. 2.1.6. Proposal: Submission in response to this RFP. 2.1.7. Proposer: Contractor submitting a response to this RFP, “pre-award”. 2.1.8. Responsible Proposer: Proposer that has the integrity, reliability and capability in all respects to perform in full the contract requirement as stated in the RFP. 2.1.9. Responsive Proposer: Proposer whose proposal fully conforms in all material respects to the RFP and its entire requirement, including form and substance. 2.1.10. Shall, Must and Will: Interpreted as mandatory language. 2.2 EXTENSION In addition to any renewal options contained herein, the City has the right to extend any award resulting from this RFP for the period necessary for the City to release, award, and implement a replacement agreement for the commodities and/or contractual services provided in this RFP. Such extension shall be based upon the same prices, terms, and conditions outlined in this RFP. 2.3 CANCELLATION The City reserves the right to cancel this RFP, in whole or in part, when it is in the City’s best interest. Notice of cancellation will be posted on VendorLink. 2.4 RFP GUARANTEE RFP submittals may not be withdrawn after the RFP due date. The proposer shall warrant that the unit prices, terms, and conditions quoted in the RFP shall be for a period of not less than ninety (90) days from the solicitation opening date. Such unit prices, terms and conditions shall remain in effect for the contract period. 24-12-RFP Page 9 of 42 2.5 PROPOSAL SUBMISSION 2.5.1. Proposals are due at the date and time indicated on the cover page or as amended in the form of an addendum issued by procurement. 2.5.2. All solicitations and supporting documents will be posted on VendorLink at https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. 2.5.3. It is the sole responsibility of the Contractor to ensure that their response is su bmitted through VendorLink no later than the time and date specified in the solicitation or subsequent addenda. The Contractor is responsible for allowing adequate time to upload their submittal on VendorLink. If technical difficulties arise during the submission of the solicitation response, it is the Contractor’s responsibility to contact VendorLink technical support at support@evendorlink.com. The City shall not be responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or any other means not specified herein will not be accepted. Acceptable file formats for upload are Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or ZIP file formats and printing must be enabled on all files submitted. 2.6 EXECUTION OF RFP SUBMITTAL Each RFP submittal must include the signature of an officer or employee having authority to bind the contractor in the space(s) provided. Only the terms and conditions of this RFP, as released by the City or amended via addendum, are valid. Any modification to any term or condition by the contractor is not binding unless it is expressly agreed to in writing by the City in advance. 2.7 INTERPRETATION OF RFP DOCUMENT No interpretation of the meaning of this bid document or correction of any ambiguity, inconsistency, or error therein will be made verbally to any party. All requests for an interpretation or clarification of this bid, and any subsequent addenda, or correction of any apparent ambiguity, inconsistency, or error will be addressed in writing by the City’s procurement manager. Inquiries must reference the date of bid opening, bid title, and bid number. Interpretation of the bid, clarification of bid specifications, and changes to the bid shall be communicated by written addenda only. Only the written interpretation or correction given by the procurement manager shall be binding. Verbal responses shall be considered inadmissible in bid protest proceedings. Bidders are advised that no other source is authorized to interpret, explain, clarify or give information regarding the bid documents. Written addenda shall be signed by the bidder and returned with the bid submission. Failure to return such addenda may constitute cause for rejection of a bid submittal. 2.8 PUBLIC RECORDS Section 119.01 Florida Statutes, et. seq., the Florida Public Records Law, provides that municipal records shall at all times be open for personal inspection by any person. Information and materials received by the City in connection with all proposers’ responses shall be deemed to be public records subject to public inspection upon award, recommendation for award, or thirty (30) days after the RFP opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the proposer believes any of the information contained in his or her response is exempt from the Public Records Law, the 24-12-RFP Page 10 of 42 proposer must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772- 388-8215 OR EMAIL jwilliams@cityofsebastian.org. CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. 2.9 NON-COLLUSION By submitting a RFP, proposer certifies that all information contained in the RFP is truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this RFP is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. Proposer further certifies that proposer has not divulged discussed, or compared this RFP with other RFPs and has not colluded with any other proposer or parties to the RFP. Any violation of this provision will result in the cancellation and/or return of proposers’ materials (as applicable) and the removal of the RFP from the list(s). 2.10 CONFLICT OF INTEREST The resulting agreement is subject to the provisions of Chapter 112.313, Florida Statutes. All proposers shall disclose within their RFP to the City the name of any officer, director, or agent who is also an employee of the City. Furthermore, all proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm or any of its branches. Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation. The term “conflict of interest” refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Should the successful proposer permanently or temporarily hire any City employee or Council member, who is, or has been, directly involved with the proposer prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. 2.11 PROTEST PROCEDURE Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications outlined in this RFP or who is adversely affected by a decision of the City concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excluding Saturdays, Sundays, and state holidays. A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state 24-12-RFP Page 11 of 42 holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of one percent (1%) of the total estimated contract value.. The Notice of Intent to Protest and formal written protest shall be filed at the following address: Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 2.11.1. Decision - If the protest is not resolved by mutual agreement, the Procurement/Contracts Manager shall promptly investigate the basis of the protest and, after consultation with the originating department, the City Attorney or any other person or entity deemed necessary, the Procurement/Contracts Manager shall issue a decision in writing. A copy of the decision shall be furnished immediately to the protestor and any other party determined by the Procurement/Contracts Manager to be directly affected by the decision. The decision shall: a) State the decision and the basis for the decision, and b) Set forth the protestor’s right to administrative review. 2.11.2. Administrative Review – If the protestor disagrees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager, provided written notice of such appeal shall be submitted by the protestor to the Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision to award. Any appeal of the decision by the City Manager shall be heard by the City Council or other appropriate administrative or legal body. 2.11.3. Stay of Procurement – In the event of a timely and properly filed protest, the Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or until the City Manager or City Council, as appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City. 2.12 NO-CONTACT PERIOD / LOBBYING During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity, Vendor, or other people may lobby a Council Member, Mayor, City Manager, any Procurement Official, or any City employees except any designated Procurement Official or Officials who may be identified in the procurement documents for purposes of receiving questions or clarifications or for receiving RFP protests. The No-Contact Period shall commence on the initial date of the advertisement for this RFP and continue through and include the date the City Council makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify the proposer from consideration. 2.13 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES Contractors are required to be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may affect their work in any manner. Failure on the part of the Contractor to be aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility or liability arising from the contract award. The Contractor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor shall abide by all OSHA, NFPA, and ADA regulations about the hazards associated with the project, such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire 24-12-RFP Page 12 of 42 suppression/extinguishers, job site first aid kits, and emergency communication. Any fines levied due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the Contractor. 2.14 INDEPENDENT CONTRACTOR RELATIONSHIP The contractor is, and shall be, in the performance of all Services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed under this agreement shall at all times, and in all places, be subject to the contractor’s sole direction, supervision, and control. The contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the contractor’s relationship and the relationship of its employees to the City shall be that of an independent contractor and not as employees or agents of the City. The contractor does not have the power or authority to bind the City in any promise, agreement, or representation. Nothing contained herein shall be deemed to create an association, partnership, joint venture, or relationship of principal and agent or master and servant among the parties or any affiliate thereof, or to provide any party hereto with the right, power, or authority whether expressed or implied, to create any such duty or obligation on behalf of any other party. The City, in its absolute discretion, retains the right to reject, bar, or require the replacement of any employee, subcontractor, or agent of the contractor. Such rejection shall not relieve the contractor of the obligation to perform all work in compliance with the RFP. 2.15 CONTRACTOR’S REPRESENTATIVE The contractor must provide a point of contact for the term of this RFP to include the name, email address, office telephone, and cell phone numbers of the person(s) to be contacted for the placement of an order, coordination of services, and to address other issues. If the point of contact differs between regular work hours, after-hours, weekends, and holidays, this must be provided. The contractor shall ensure that all personnel assigned to work on this project on their behalf must be dressed appropriately and clean at all times. Any person who is present on the job site on behalf of the contractor must be provided and display on their clothing proper identification at all times. The contractor must also provide the procurement division with any updates to the primary point of contact. The City reserves the right to require a change in the contractor’s point of contact at the City’s sole discretion. 2.16 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK With the consent and agreement of the contractor, purchases may be made under this RFP by other governmental agencies, political subdivisions within the state of Florida, or any other public entity. Such purchases shall be governed by the same terms and conditions stated herein. Further, it is understood that each agency will issue its own purchase order to the contractor. This agreement in no way restricts or interferes with the right of any other public agency to rebid any or all of these items. 2.17 RIGHT TO USE EXISTING CONTRACTS / NON-EXCLUSIVITY The City reserves the right to utilize any other contract, including, but not limited to, the following: any state of Florida contract, any contract awarded by any other city or county governmental agencies, other school boards, other community colleges/state university system, cooperative agreements, or to directly negotiate/purchase per City policy. The City also reserves 24-12-RFP Page 13 of 42 the right to RFP separately any item(s) and/or service(s) covered under this agreement, if deemed to be in the best interest of the City, at any time during this agreement term. 2.18 PUBLIC ENTITY CRIMES A "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. "Convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. “Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: 2.18.1. A predecessor or successor of a person or corporation convicted of a public entity crime, or 2.18.2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or 2.18.3. A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. Proposer certifies that neither the entity proposing, nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. Where the proposer is unable to certify to all of the statement above, proposer shall attach an explanation to this RFP. 2.19 BANKRUPTCY / INSOLVENCY At the time of RFP submission, the contractor shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership proceedings. If the contractor is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency, or receivership thereafter, the City may, at its option, terminate and cancel the agreement, in which event all rights hereunder shall immediately cease and terminate. 2.20 TERMINATION FOR CAUSE OR CONVENIENCE The agreement resulting from this RFP can be terminated immediately for cause if contractor is found to have failed to perform services in a manner satisfactory to the City; or the City may terminate without cause upon thirty (30) days’ written notice to the Proposer. In the event of either termination, the contractor shall be compensated for all services performed to the City’s satisfaction. The City shall be sole judge of non-performance. 24-12-RFP Page 14 of 42 2.21 RIGHT TO REJECT The City reserves the right to reject any or all RFP(s), to waive minor irregularities, and/or to accept the RFP(s), which in its sole judgment best serves the interest of the City. More than one RFP from an individual, proposer or association under same or different names, will not be considered. 2.22 INVOICING Payments shall be made in accordance with Section 218, Part VII of the Florida Statutes. Unless otherwise noted, invoices shall be mailed directly to The City of Sebastian, Accounts Payable, 1225 Main Street, Sebastian, FL 32958. The Contractor shall provide fully documented invoices, which indicates the basic information listed below. 2.22.1. Name of the business organization as specified on the Contract between City and Contractor 2.22.2. Date of invoice 2.22.3. Contractor’s invoice number 2.22.4. Contractor’s federal identification number on file with the state 2.22.5. City purchase order number and bid number 2.22.6. Unit price of the goods, services or property provided 2.22.7. Extended total price of the goods, services or property 2.22.8. Applicable discounts 2.22.9. Description of provided goods or services 2.22.10. Quantity of provided goods or services 2.22.11. Date(s) of delivery of provided goods or services 2.22.12. Location provided goods or services were delivered Any invoice submitted as a result of the award of this bid shall be itemized matching the items on the purchase order. “Lump sum” invoices shall not be submitted and will not be accepted for multiple line purchase orders. An invoice can only reference one purchase order number. Invoices that do not reference valid purchase order number will be returned to the contractor for resolution of the discrepancies and resubmitted. It shall be understood that invoices shall not be authorized for payment until the work is inspected by the respective City representative and payment is approved. The City will pay the contract price minus any liquidated damages, back charges and/or other damages to the contractor upon final completion and acceptance. The City shall provide partial payments for Work completed by the contractor during various phases of the Work assignment in accordance with the unit pricing provided in their bid submittal subject to an agreement maximum or not to exceed amount. Failure to submit invoices in the prescribed manner will delay payment. 2.23 PAYMENT The City will only pay the dollar amounts as authorized on the purchase order. Payment will be made according to Chapter 218, F.S., Local Government Prompt Payment Act, after the 24-12-RFP Page 15 of 42 commodities or contractual services provided by the contractor have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. Payment for partial shipments shall not be made unless specified in the purchase order. Failure to follow these instructions may result in delays in processing invoices for payment. The purchase order number must appear on invoices, bills of lading, packages, cases, delivery lists, and correspondence. 2.24 AVAILABILITY OF FUNDS The obligations of the City under this agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the City of Sebastian City Council. 2.25 SUBCONTRACTORS AND SUPPLIERS The proposer is required to identify any and all subcontractors and/or suppliers that will be used in the performance of the proposed contract and to clearly identify in their submission the names, portions and percentages of work to be performed by their subcontractors or suppliers. Contractor shall be solely responsible for all acts and omissions of its subcontractors or suppliers. Nothing in the RFP and contract documents creates any contractual relationship between any subcontractor or suppliers and the City of Sebastian. Contractor shall be responsible for the timely payment of its subcontractors and suppliers as required by Florida Statute Chapter 218.735. Failure to comply with these payment requirements will place the contractor in default of the contract. 2.26 ASSIGNMENT The contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this agreement, or of any or all of its rights, title, or interest therein, or its power to execute such agreement to any person, firm, or corporation without prior written authorization by the City. 2.27 SILENCE OF SPECIFICATIONS Any omissions of detail in the specifications stated herein that would render the commodities from use, as specified herein, will not relieve the contractor from responsibility. 2.28 DISCRIMINATION The proposer shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by federal or state of Florida laws and regulations. The City of Sebastian will not knowingly do business with vendors, proposers, or contractors who discriminate on those protected by state and federal law. Through the course of providing services to the City, contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the City. 2.29 AUDIT AND INSPECTION The City or their representative reserves the right to inspect and/or audit the contractor's documents and records as they pertain to the products and services delivered under this RFP. Such rights will be exercised with notice to the contractor to determine compliance with and performance of the terms, conditions, and specifications on all matters, rights, duties, and 24-12-RFP Page 16 of 42 obligations established by this RFP. Documents or records in any form shall be open to the city’s representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the City and the contractor. 2.30 INDEMNIFICATION The contractor and its Subcontractor(s) shall indemnify, defend and hold harmless the City, and its officers and employees, from all third-party claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the contractor or its Sub-Contractor(s) and other persons employed or utilized by the Contractor or its subcontractor(s) in the performance of the agreement. Upon request of the City, the contractor or its subcontractor(s) shall, at no cost or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for any loss, damage or liability specified above, and the contractor or its subcontractor(s) shall pay any cost and reasonable attorneys’ fees that may be incurred by the City in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the City waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This provision shall survive the termination of this bid. 2.31 CONTRACTS AND AMENDMENTS The contents of this RFP and all provisions of the contractor’s submittal shall be considered an agreement and become legally binding. Any changes to the provisions hereinafter award must be in writing and signed by both Parties. 2.32 SCRUTINIZED VENDOR CERTIFICATION Proposer certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or services to the City, that it: 2.32.1. Does not participate in a boycott of Israel; and 2.32.2. Is not on the Scrutinized Companies that Boycott Israel List; and 2.32.3. Is not on the Scrutinized Companies with Activities in Sudan List; and 2.32.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 2.32.5. Has not engaged in business operations in Cuba or Syria. Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the Proposer of the City’s determination concerning the false certification. The contractor shall have sixty-(60) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Proposer determines, using credible information available to the public, that a false certification has been submitted by Proposer, this contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this contract shall be imposed, pursuant to F.S. 287.135 Said certification must also be submitted at the time of Contract renewal. 24-12-RFP Page 17 of 42 Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government entities from: 1) contracting with companies for goods or services in any amount if at the time of proposing on, proposing a RFP for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and 2) contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statute, or have been engaged in business operations in Cuba or Syria. As provided in F.S. 287.135, by entering into this contract or performing any work in furtherance hereof, the Proposer certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List; engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in business operations in Cuba or Syria. 2.33 LICENSING, CERTIFICATION, AND REGISTRATION Contractors must show their current Business Tax Receipt, as well as any licenses required by Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA. All licenses shall be up to date. Contractors who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the state of Florida must furnish their Florida document number and a screenshot of their “active” status. All registered contractors must have an active status to be eligible to do business with the City. If the proposer is a State Certified General Contractor, or a State Registered General Contractor the proposer must be registered with the City of Sebastian. Contractors doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ Company. If the contractor is not located in Florida, the contractor must provide their state’s document number and a screenshot of their current, date-identified “active” status with their submittal. 2.34 TAXES Although the City of Sebastian is exempt from federal and state sales and use taxes, contractors or vendors doing business with the City are not exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any contractor or vendor be authorized to use the City’s Tax Exemption Number in securing such materials. 2.35 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL If the Contractor considers any portion of the documents, data, or records submitted in response to this RFP to be a confidential trade secret, or otherwise not subject to disclosure under Chapter 119 Florida Statutes, the Florida Constitution or other authority, the contractor must also simultaneously provide the City with a separate redacted copy of its response. The redacted copy shall contain the City’s solicitation name, number, and the name of the Contractor on the cover, and shall be clearly titled “Redacted Copy.” The contractor must also include next to each redaction the statutory basis for the exemption. The contractor shall be responsible for defending its determination that the redacted portions of its response are a confidential, trade secret, or 24-12-RFP Page 18 of 42 otherwise not subject to disclosure. Further, the contractor shall protect, defend and indemnify the City for any claims from or relating to the contractor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the contractor fails to submit a Redacted Copy with its response, the City is authorized to produce the entire documents, data, or records submitted by the contractor in response to a public records request for these records. 2.36 FAVORED NATION CLAUSE Based on similar size and quantity, it is understood that the contractor is providing the City the same or better pricing than other governmental agencies. If during the term of this agreement, the City identifies better pricing for the same item, the Contractor agrees to offer the City the reduced price. 2.37 LIQUIDATED DAMAGES The contractor agrees to the use of liquidated damages in the event the contractor fails to perform by the provisions herein. The Contractor hereby agrees, as part consideration for awarding the Agreement, to pay the City the sum of One-Hundred Dollars ($100.00), for each and every calendar day that the Contractor shall be in default after the time stipulated in the Agreement for completing the Work. The Contractor and City acknowledge and agree that said sum is not a penalty but liquidated damages for breach of contract On the occasion where the contractor is in default of the Agreement, or any material provision thereof, or fails to remedy any deficiency in performance, the City may procure the necessary supplies or services from an alternative source and hold the contractor financially responsible for any excess costs incurred. The difference between the Bid price of the product or service and the actual price paid may be deducted from any current or future obligations owed to the contractor as liquidated damages. 2.38 FORCE MAJEURE Neither Party shall be liable for any failure or delay in performing any duty, requirement, or obligation under this agreement that is due to any of the following causes, to the extent beyond its reasonable control: fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, epidemic, pandemic, quarantine, riots, civil commotion, acts of government authorities, changes in laws or regulations strikes, or other labor disputes, or because of any other matter or condition beyond the control of either party and which cannot be overcome by reasonable diligence and without unusual expense. 2.39 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES A Vendor Performance Report form will be utilized to document unsatisfactory performance during the term of this RFP. The report may become an important part of the contractor’s history. The report and process will assist the City in determining whether there is a continuing pattern of problems that may need to be addressed through termination of contract and/or suspension of the contractor from future bidding. 24-12-RFP Page 19 of 42 2.40 E-VERIFY In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding Executive Order 11-02; Certification of Employment Status), in the event performance of this Agreement is or will be funded using state or federal funds, the contractor must comply with the Employment Eligibility Verification Program developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. The contractor shall (1) enroll in the U.S. Department of Homeland Security’s E-Verify system, (2) utilize E-Verify to verify the employment eligibility of all new employees hired during the term of the contract (3) utilize E-Verify to verify the employment eligibility of all employees assigned to the contract; and (4) shall expressly require any subcontractors performing work or providing services pursuant to the contract to likewise utilize E-Verify to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Information on registration for and use of the E-Verify system can be obtained at the U.S. Department of Homeland Security website: http://www/dhs.gov/E-Verify. 2.41 IMMIGRATION LAWS The City will not intentionally award City contracts to any firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act (“INA”). Refer to E-Verify Acknowledgment in solicitation documents. 2.42 DRUG-FREE WORKPLACE In accordance with Florida Statute Section 287.087, Proposer certifies the following: 2.42.1. A written statement is published notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition. 2.42.2. Employees are informed about the dangers of drug abuse in the work place, the proposers policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. 2.42.3. Employees are notified that as a condition of working on the commodities or contractual services being solicited, they will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written statement to acknowledge their receipt. 2.42.4. The proposer employer imposes a sanction, or requires the satisfactory participation in, a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 2.42.5. The proposer/employer makes a good faith effort to continue to maintain a drug free work place through the Implementation of the drug free workplace program. 24-12-RFP Page 20 of 42 2.43 DEBARMENT AND SUSPENSION 2.43.1. Proposer certifies to the best of its knowledge and belief that it and its principals: 2.43.2. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2.43.3. Have not within a three-year period preceding this application been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, S tate, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 2.43.4. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 2.43.5. Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default. 2.43.6. The City of Sebastian will not make award to parties listed on the government wide exclusions in the System for Award Management (SAM). 2.44 FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS By submission of a proposal, Respondent affirms that it is not currently listed in the Florida Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List. 2.45 RIGHTS IN DATA The City of Sebastian is and will remain the owner of all data provided to the contractor by the City under this contract. The contractor will not use such data for any purpose other than providing services and support to the City under this RFP, nor will any part of such data be sold, assigned, leased, or otherwise disclosed to third parties (other than authorized subcontractors for purposes of performance of the Services) or commercially exploited by or on behalf of the contractor. The contractor will not possess or assert any lien or other right against such data. 2.46 DATA TRANSMISSION The contractor agrees that any transmission or exchange of system application data with the City and/or any other parties shall take place via secure means using current industry approved encryption standards. 2.47 DATA BREACH Contractor agrees to comply with the State of Florida Database Breach Notification Act outlined in Section 501.171, F.S. In the event of a breach described in Section 501.171, F.S. ("Notification Event"), Contractor will notify the City immediately and will comply with the requirements of Section 501.171, F.S. assume responsibility for all costs associated with complying with the 24-12-RFP Page 21 of 42 breach notification and informing all such individuals by applicable law. The Contractor agrees to indemnify, hold harmless and defend the City and its trustees, officers, and employees from and against any claims, damages, or other harm related to such Notification Event. 2.48 COPYRIGHTS The parties want to ensure that the City has the ability to obtain copyrights, trademarks, service marks, etc. on the items created as part of this contract. Consultant agrees that any work prepared for the City which is eligible for copyright protection in the United States or elsewhere shall be work made for hire as a commissioned work. If any such work is deemed for any reason not to be work made for hire, Consultant assigns all right, title and interest in the copyright in such work, included but not limited to copyrights in text, two-dimensional and three-dimensional representations or animations, and all extensions and renewals thereof, to the City, and agrees to provide all assistance reasonably requested by the City in the establishment, preservation and enforcement of its copyright in such work, such assistance to be provided at the City’s expense but without additional compensation to Consultant. Consultant agrees to waive all artist’s rights and moral rights under Federal, State or International law, relating to the work developed or produced, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use of subsequent modification. 2.49 NOTICE Whenever either Party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the Contractor designates the address set forth on the first page of this RFP document as its place for receiving notice, and the City designates the following address for such notice: The City of Sebastian Attention: Procurement/Contracts Manager 1225 Main Street, Sebastian, FL 32958 Telephone: 772-388-8231 Email: jessgraham@cityofsebastian.org. 24-12-RFP Page 22 of 42 SECTION 3 - SPECIAL CONDITIONS 3.1 AWARD The City intends to award a contract for five (5) year. The contract length is contingent upon receipt of grant. The City reserves the right to cancel awarded contract should future grants not be awarded for any reason at all. The Contractor must ensure proper closeout of the CDBG project each year. 3.2 PROJECT COORDINATION A City project manager will be assigned to oversee all assigned work to ensure adherence to schedules and service quality throughout the project’s progression and submittal of final payment. The project manager will periodically inspect the work being performed to ensure compliance with the requirements of the agreement. If the requirements are not satisfactorily being met, the City shall require the contractor to correct any discrepancies, inconsistencies, or faults immediately at no additional cost to the City. The contractor shall understand and agree to the following: 3.2.1. Contractor shall be solely responsible and assume all liability for the supervision, direction of all work, and for all means, methods, techniques, sequences, procedures, and coordination for all services under the agreement; contractor shall ensure enough personnel, materials, supplies, means of transportation, tools and equipment are made available to perform the services; and 3.2.2. Contractor shall at all times provide a responsible, knowledgeable, English speaking worksite supervisor or representative, who has decision making authority; and 3.2.3. Contractor shall be solely responsible to the City for the acts and omissions of their subcontractors, agents, employees, and any other persons performing any service under this agreement; and 3.2.4. The practices methods and materials utilized in the work within or adjacent to any structure must conform to any applicable local, state and federal regulations and codes. 3.3 STOP WORK ORDER The City may at any time by written notice to the contractor stop all or any part of the work for this bid award. Upon receiving such notice, the contractor will take all reasonable steps to minimize additional costs during the period of work stoppage. The City may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price or terminate the work in accordance with the provisions of the bid terms and conditions. 3.4 INSURANCE 3.4.1. The City of Sebastian is to be specifically included as an additional insured on all certificates of insurance (with exception to Workers Compensation).Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. A renewal certificate shall be issued thirty (30) days prior to expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. 24-12-RFP Page 23 of 42 3.4.2. Before starting and until acceptance of the work by the City, Awarded Contractor shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. 3.4.3. The certificate holder shall read: City Of Sebastian 1225 Main Street Sebastian, FL 32958 3.4.4. Minimum coverage with limits and provisions are as follows: 3.4.4.1. Commercial General Liability: The Successful Proposer shall provide minimum limits of $1,000,000 each occurrence, $2,000,000 general aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and insuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City and shall name the City as an additional insured with waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an “occurrence” form. 3.4.4.2. Business Automobile: Successful Proposer shall provide minimum limits of liability of $1,000,000.00 each accident, combined single limit for bodily injury and property damage. This shall include coverage for: • Owned Automobiles • Hired Automobiles • Non-Owned Automobiles 3.4.4.3. Umbrella/ Excess Liability: Successful Proposer shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Proposer has $2,000,000 General Aggregate under the Commercial General Liability Policy. ** 3.4.4.4. Workers' Compensation: The Successful Proposer shall provide and maintain workers’ compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida (Florida Statutes Chapter 440). Exemption certificates to this requirement are not acceptable. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000 each accident and a waiver of subrogation. 3.4.4.5. Professional Liability: The Successful Proposer shall provide and maintain professional liability/errors and omissions coverage with Combined single limit each occurrence $1,000,000 general aggregate limit $2,000,000 24-12-RFP Page 24 of 42 3.4.4.6. An endorsement to the Commercial General Liability or Automobile Liability policy, covering Contractor’s or subcontractor’ liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related clean-up cost incurred by the Contractor that arise from the Goods delivered or Services (including transportation risk) performed by Contractor under this Contract is also acceptable. 3.4.5. The Contractor shall declare any self-insured retention or deductible amount in excess of $5,000 for any policy. The City reserves the right to reject any self-insured retention or deductible in excess of $5,000. 3.4.6. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the contractor to ensure that all subcontractors comply with the insurance requirements set forth in this Agreement. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. REST OF PAGE INTENTIONALLY LEFT BLANK 24-12-RFP Page 25 of 42 SECTION 4 – EVALUATION PROCEDURE 4.1 It is the intent of the City that all responsive and responsible proposers responding to this RFP, who meet the requirements, will be ranked in accordance with the criteria established in these documents. 4.2 Proposals shall include all information solicited in this RFP. Proposers will provide their best price and cost analysis and should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each proposer will be ranked based on the criteria herein addressed. 4.3 Weights for cost will not be assigned by the evaluation committee. Cost will be scored by the Procurement Division based on the criteria in 4.9. During the evaluation process and at the sole discretion of the City, requests for clarification of one or more proposer submittals may be conducted. This request for clarification may be performed by the City in a written format, or through scheduled oral interviews. Such clarification request will provide proposers with an opportunity to answer any questions the City may have on a proposer’s submittal. After written clarification is completed, the Committee members will have an opportunity to revise their individual scores for the non-price factors. 4.4 An adjective-based scoring system shall be applied to the qualification criteria throughout the evaluation process for the evaluation of the written responses and the oral discussions. A score of 0 is the least favorable and a score of 4 is the most favorable in all sections. 4.5 The Proposer’s response will be scored by Committee members in accordance with the following scale: Weighted Value Description 0 “Non-Responsive”: No information provided for the specific criteria. Proposer failed to address the criteria. No documentation was provided. 1 “Insufficient Evidence”: Proposal is lacking or inadequate in most basic requirements for the specific criteria 2 “Partial/Basic Evidence”: Proposal meets many of the basic requirements for the specific criteria but is lacking in some essential aspects. 3 “Sufficient Evidence”: Proposal adequately meets the minimum requirements of the specific criteria and is generally capable of meeting the City’s needs. 4 “High Level Evidence”: Proposal exceeds the minimum requirements in most aspects of the specific criteria. NOTE: The Committee member’s score times the “weighted value” assigned to the different sections listed here equals the total score for that section. (EXAMPLE: Maximum score of 4 X’s weighted value of 10 = Maximum of 40 Points). 4.6 Proposers submitting the required criteria will have their proposals evaluated by an evaluation team and scored for the proposal criteria factors to include but not limited to the ability of the professional personnel; past performance; willingness to meet time requirements; and recent, current, and projected workloads. 24-12-RFP Page 26 of 42 4.7 PROPOSAL REQUIREMENTS 4.7.1. Pages should be sequentially numbered at the bottom of the page. 4.7.2. Proposals should be concise and provide only the information requested. Additional data will not be considered. 4.7.3. The Proposal shall be limited to no more than twenty-five (25) single sided pages (Not including the required forms listed in Tab 1). Any responses exceeding twenty-five pages, not including the required forms, may be considered non-responsive and not considered for award. 4.8 PROPOSAL SUBMITTAL FORMAT Proposers shall include the following information in their written response document. 4.8.1. TITLE PAGE: (NON-SCORED) - Title Page shall show the request for proposal's subject, title and proposal number; the firm's name; the name, address and telephone number of a contact person; and the date of the proposal. 4.8.2. TAB 1 – TRANSMITTAL LETTER & MANDATORY FORMS: (NON-SCORED) 4.8.2.1. The response shall contain a cover letter by a person who is authorized to commit the Firm to perform the work included in the proposal and shall identify all materials and enclosures being forwarded in response to the RFP. The letter shall also provide a brief description of the Firm’s ability to meet the requirements of the RFP, to include a statement that they are financially capable to perform the scope of work required for this project and provide a brief discussion about Firm’s business history in the marketplace. 4.8.2.2. Required Forms • Contact Information Sheet • Corporate Resolution (if required) • Non-Collusion Affidavit Form • Drug Free Workplace Program • Certification Regarding Debarment and Suspension • Certification Regarding Lobbying • Certification Regarding Scrutinized Companies • Reference List • Subcontractor List • Addenda Acknowledgement 4.8.3. TAB 2 – Table of contents: (Non-scored) - The Table of Contents shall provide listing of all major topics, their associated section number, and starting page. 24-12-RFP Page 27 of 42 4.8.4. TAB 3 – Summary of Qualifications: (maximum 4 x 7 = maximum 28 points 4.8.4.1. Business History – provide a brief history of the company’s background. Include at a minimum a general description of work performed by company; date of establishment; number of years owner has worked in this area of business; and physical location of facility servicing this account. 4.8.4.2. Past Performance – provide a comprehensive list of past performance. Proposers must have a least five (5) years’ experience satisfactorily providing the proposed services to a municipality or other public entity. If the Proposer does not have any experience with providing similar services to a public entity, the City may accept similar experience for a private entity, at the City’s sole discretion. 4.8.4.2.1. Must include a minimum of five (5) grants you administered, CDBG or other HUD-funded grants, in whole or in part, during the last three (3) years. 4.8.4.3. Proposers shall specifically list the proposed team to carry out the services defined herein. Include qualifications, experience, resumes and knowledge of working with municipalities in the areas of strategic planning and coordination for those listed as the proposed team. 4.8.4.3.1. Identify personnel who will have primary responsibility for the City’s contract. Also indicate all key individuals and their tasks and/or areas of expertise. Identify the percentage of work to be completed by subcontractors. 4.8.4.4. Litigation – provide a summary of any litigation filed against the proposer in the past five (5) years that is related to the services to be provided. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome and the monetary amounts involved. 4.8.4.5. If firm is currently or has previously provided services for the City of Sebastian, please provide an itemized list of these projects to include contact person, length of time service was provided and value of contract. 4.8.5. TAB 5 – Technical Approach: (maximum 4 x 8 = maximum 32) 4.8.5.1. Describe firm’s approach to working with a City government while administering and managing the CDBG Grant Program. Proposers shall also document their approach to familiarize themselves with the City’s internal monitoring and control systems. The Proposers shall also demonstrate familiarity and knowledge of CDBG Grant compliance 4.8.5.2. Proposed technical approach should enable the City to assess the Proposer’s capability to perform requested services in a structured and efficient manner. 4.8.6. TAB 6 – REFERENCES: (maximum 4 x 5 = maximum 20 points) 4.8.6.1. Use the references form to list a minimum of three (3) client references in which grant administration services were provided within the last five (5) years. 24-12-RFP Page 28 of 42 4.8.6.2. At the discretion of the Evaluation Team, the Procurement/Contracts Manager may request and tabulate written references and make a report to the Team or assign a Team member to do so. Reference checks are typically completed on the short-listed firms only; however, the City reserves the right to expand reference checks to other firms or during other phases of the evaluation process. Consideration of responses received from reference checks may be given during the final selection process. 4.9 COST PROPOSAL: (maximum 4 x 5 = maximum 20 points) 4.9.1. Provide cost proposal in a separate PDF labeled “24-12-RFP Cost Proposal”. 4.9.1.1. Cost Proposal (see Section 6 of this solicitation) shall be emailed to JessGraham@cityofsebastian.org. 4.9.1.1.1. DO NOT upload your cost proposal to VendorLink. 4.9.1.1.2. Failure to follow these directions may result in your proposal being marked non-responsive. 4.9.2. Cost Proposals will be scored by the Procurement Division. 4.9.3. Calculation of points for cost will be completed as described in the following EXAMPLE. Proposal Cost Lowest Cost Proposed % of Low (Low proposal/Propos al Cost) Multiplier Total Points Assigned (% of Low * Multiplier) Company A $100,000.00 $100,000.00 100% 20 20 Company B $108,000.00 $100,000.00 92.6% 20 18.52 Company C $120,000.00 $100,000.00 83.3% 20 16.66 4.10 Selection & Award Process The Evaluation Team will evaluate each written Qualification submittal on the basis of the criteria in the RFP. Evaluation Criteria Total Possible Points Tab #1 – Summary of Qualifications 28 Tab #2 – Technical Approach 32 Tab #3 - References 20 Cost Proposal 20 MAXIMUM POSSIBLE POINTS 100 24-12-RFP Page 29 of 42 MBE/WBE/DBE Business (only used in the event for a tie to the highest total points) 5 4.11 Based on the evaluation of the written submittals and the closeness of the scores determined by said evaluation, the City may choose to conduct oral discussions/interviews with the top three or more firms for clarification, and to assure full understanding of, and conformance to, the solicitation requirements, and to clarify the firms’ qualifications. Should the Evaluation Team (E - Team) request oral discussions/interviews, the following procedures will apply. 4.12 Oral Discussions/Interviews (maximum 100 points) 4.12.1. The short-listed firms will be provided with written questions from the Evaluation Team. The Evaluation Team will conduct oral discussions with the short-listed Firms. The Firms will then be scored by the Evaluation Team. 4.12.2. Oral discussions/interviews and/or presentations are exempt from Public Meeting requirements (Section 286.011, Florida Statutes). Oral discussions/interviews will provide an opportunity for the Firm to demonstrate their ability to use time efficiently, effectively and economically. 4.12.3. The City’s Procurement Department will establish the schedule, and Proposers will be notified within a reasonable time period (generally 7-calendar days) in advance of the date, time and place of the discussion. The time frame for oral discussions/interviews with each firm will not exceed 45 minutes. The specific format of each discussion will be provided to Proposers with the notifications. 4.12.4. Scoring for this phase will not be combined with the previous phase. Scoring for the oral discussions/interviews will be based on the following Evaluation Criteria, using the same adjective-based scoring as described previously in this section: Evaluation Criteria Total Possible Points Firm Staff information presented in the oral discussions response to questions related to Firm Staff, if any 35 Firm Experience information presented in the oral discussions, and response to questions related to Firm Experience, if any 40 Firm Approach/Capabilities information presented in the oral discussions, and response to questions related to Firm Approach/Capabilities, if any 25 4.12.5. The Evaluation Team will complete its final scores for oral/discussions presentations for short-listed firms. 4.12.6. Final Evaluation Team scores will be completed by the Chairman (Procurement/Contracts Manager). The Procurement/Contracts Manager reserves the right to request additional analysis/review by the Evaluation Team if he/she deems additional evaluation is warranted. 24-12-RFP Page 30 of 42 4.12.7. The Procurement/Contracts Manager shall review the ranking, and post a Notice of Intended Decision. The recommendation will then be sent to the City Manager for placement on the Council Agenda to request City Council permission to award contracts with the selected proposer(s). REST OF PAGE INTENTIONALLY LEFT BLANK 24-12-RFP Page 31 of 42 SECTION 5 FORMS 24-12-RFP Page 32 of 42 CONTACT INFORMATION SHEET Bids due on or before 2:00 PM LOCAL TIME City of Sebastian ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 Check Addenda for any revised opening dates before submitting your bid. Bid(s) received, after the date and time stated above, will not be opened. DUE DATE: 6/20/2024 CONTACT: Jessica Graham, CPPB Procurement/Contracts Manager (772) 388-8231 jessgraham@cityofsebastian.org TITLE: CDBG GRANT ADMINISTRATION SERVICES NO.: 24-12-RFP Bidder’s Name and “Doing Business As”, if applicable: Federal Tax Identification Number: Address: City: State: Zip Code: Telephone No: Fax No: E-Mail Address of Authorized Representative: I certify that I have carefully examined the ITB document and associated documents, including Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this bid is truthful to the best of my knowledge and belief and that I am duly authorized to submit this bid on behalf of the bidder names above and that the bidder is ready, willing, and able to perform if awarded. In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish the goods and /or services specified in the ITB at the prices or rates in my bid and prices will remain bidder for a period of ninety-(90) days in order to allow the City adequate time to evaluate the bid. __________________________________________________________________ Signature of Authorized Representative (Manual) __________________________________________________________________ Name of Authorized Representative (Typed or Printed) __________________________________________________________________ Title Each bid submittal must include the signature of an officer or employee having authority to bind the contractor in the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall be provided. If a Corporate Resolution is not provided with the bid submittal, the bid submittal shall be marked non-responsive. The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City, and to waive any non-substantial irregularities. 24-12-RFP Page 33 of 42 CORPORATE RESOLUTION I, ______________________________, Board President of ______________________________, a corporation organized and existing under the laws of the State of _____________________, hereby certify that at a meeting of the Board of Directors of the Corporation duly called and held on _____________________, 202__, at which a quorum was present and acting throughout, the following resolutions were adopted and are now in full force and effect: RESOLVED that the following individual of this corporation is authorized to execute on behalf of this corporation a bids and agreements, of which bids and agreements include a hold harmless and indemnification clause. I further certify that the names of the officers of this corporation and any other persons authorized to act under this resolution and their official signatures are as follows: NAME OFFICIAL SIGNATURE IN WITNESS WHEREOF, I have hereunto subscribed my name as Board President and affixed the seal of the corporation this _____ day of ____________, 2024. Board President Signature: __________________________________________________ 24-12-RFP Page 34 of 42 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF _________________________________ COUNTY OF _________________________________ __________________________ , being duly sworn, deposes and says that: (1) He/she is of, the (Title) (Firm/Company) bidder that has submitted the attached bid. (2) He/she is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid. (3) Such bid is genuine and is not a collusive or sham bid. (4) Neither the said bidder nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other bidder, firm or person, to submit a collusive or sham bid in connection with the Agreement for which the attached bid has been submitted or to refrain from proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Sebastian, Florida, or any person interested in the proposed Agreement. (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties of interest, including affiant. ____________________________________ (Signed) ____________________________________ (Title) STATE OF _________________ COUNTY OF _________________ The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online notarization, this _______ day of _______________, _______ (year) by _____________________________, who is personally known to me or who has produced _______________________________ as identification and who did (did not) take an oath. ______________________ (Signature of Notary Public) ______________________ (Name of Notary – Typed, printed or stamped) ______________________ (Notary Seal / Serial Number) ______________________ (Date) 24-12-RFP Page 35 of 42 DRUG FREE WORKPLACE PROGRAM In accordance with Section 287.087, Florida State Statues, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids or replies are received by the City that are equal with respect to price, quality, and service for the procurement of commodities or contractual services, a bid or reply received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere, to any violation of Florida Statute, Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace, not later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign such statement, I certify that the firm complies fully with the above requirements and indicate the program was implemented. _________________________________________ Authorized Signature _________________________________________ Company _________________________________________ Date 24-12-RFP Page 36 of 42 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 1) This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the contractor is required to verify that none of the contractor’s principles (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935). 2) The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3) This certification is a material representation of fact relied upon by the City of Sebastian. If it is later determined that the contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to the City of Sebastian, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4) The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. _____________________________________ _____________________________________ Authorized Signature Address _____________________________________ _____________________________________ Printed Name & Title City, State, Zip Code _____________________________________ _____________________________________ Company Date 24-12-RFP Page 37 of 42 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS (TO BE SUBMITTED WITH EACH BID OR OFFER EXCEEDING $100,000.00) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and. submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor ______________________________ certified or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. _________________________________________ Signature of Contractor’s Authorized Official _________________________________________ Name and Title of Contractor’s Authorized Official _________________________________________ Date 24-12-RFP Page 38 of 42 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority - owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. _________________________________________ Authorized Signature _________________________________________ Printed Name & Title _________________________________________ Date 24-12-RFP Page 39 of 42 REFERENCE LIST Proposer’s Name: List a minimum of three (3) client references that can speak to the proposer’s experience and performance, within the last five (5) years. The City will conduct Reference Checks for the provided references. If the contact information is incorrect or the reference does not respond, the proposer will lose points awarded for this criterion. Use additional sheets as necessary. Reference #1 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #2 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #3 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: 24-12-RFP Page 40 of 42 SUBCONTRACTOR LIST NOTE: List all sub-contractors and the percentages of work to be performed, you invited to RFP on this project, whether they were selected or not. If sub-contractors will not be used on this agreement, check the box below. Form must be submitted with your RFP. Use additional sheets if necessary. The City reserves the right to reject any proposals if the proposer names sub -contractors who have previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar natu re, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any sub- contractor in order to make a determination as to the foregoing. Company Name Work To Be Performed and Percentage of Work to be Performed Contact Person Telephone Number 1 2 3 4 5 6 I affirm that sub-contractor(s) will not be used to complete projects under this agreement. _________________________________________ Authorized Signature _________________________________________ Printed Name & Title _________________________________________ Date 24-12-RFP Page 41 of 42 ADDENDA ACKNOWLEDGEMENT Bidder shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their bid to be considered non-responsive. To confirm the number of addenda (if any), bidder may contact the Procurement Division at (772) 388-8231. ADDENDDUM # DATE RECEIVED 1 2 3 4 5 6 7 No Addenda was received in connection to this solicitation. Print Preparer’s Name: Title: Signature: Date: 24-12-RFP Page 42 of 42 SECTION 6 – PROPOSAL PRICE FORM The Proposal Prices shall remain good for ninety (90) days after the due date of this RFP. By signing below, the Proposer certifies that the price quoted represents and includes the entirety of the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per the RFP documents. By affixing their signature to the Price Proposal Form, the Proposer hereby states that they have read all bid specifications, terms and conditions outlined in the Request for Proposal and agree to such. Proposer declares that the individual signing this Price Proposal Form has the legal capacity to sign on behalf of Proposer and to contractually obligate Proposer. Furthermore, Proposer hereby agrees to provide the Services described in the Request for Proposal for the unit or lump sum prices as noted below, which includes all supervision, labor, materials, equipment, supplies, machinery, tools, apparatus, insurance, bonds, transportation, overhead, profit, applicable taxes and costs of all kinds necessary to complete the Services. ITEM DESCRIPTION UNIT TOTAL AMOUNT Lump Sum to perform Scope of Services – Year 1 Lump Sum $ Lump Sum to perform Scope of Services – Year 2 Lump Sum $ Lump Sum to perform Scope of Services – Year 3 Lump Sum $ Lump Sum to perform Scope of Services – Year 4 Lump Sum $ Lump Sum to perform Scope of Services – Year 5 Lump Sum $ (Contingent upon receipt of grant, the City reserves the right to cancel awarded contract should future grants not be awarded for any reason at all.) Please provide an hourly rate for work on prior fiscal years that is outside the Scope of Services: POSITION HOURLY RATE Bidder’s Name: Signature: Date: Print Name: Title: