Active SLED Opportunity · FLORIDA · VOLUSIA SOLID WASTE
AI Summary
Volusia County seeks bids for pest control services at multiple locations with a minimum of 12 treatments per year. Services include IPM methods, rodent, insect, termite, bird, and wildlife control, with strict compliance to regulations and background checks. Contract term is 3 years with 2 one-year renewals. Submission deadline is May 7, 2026.
The County of Volusia requires pest control services at various locations, as detailed in Attachment B-Pricing. It shall be noted that some of the locations listed in Price Sheet require service of more than one building. The County reserves the right to add or delete sites, buildings, square footage, and/or vehicles during the term of the Agreement resulting from this invitation to bid (ITB). Pricing for additional locations shall be based on the fixed cost per square foot charge for pest control services, as submitted on Price Sheet.
| Event | Date | Location |
|---|---|---|
| Solicitation Opening Date/Time | 2026-05-07T19:01:00.000Z | Microsoft Teams meeting Join on your computer, mobile app or room device https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting Meeting ID: 213 233 692 064 Passcode: gPYNoU Or call in (audio only) +1 386-456-3387,,628672925# United States, Daytona Beach Phone Conference ID: 628 672 925# |
Previous ROA and Incumbent Tabulation Pricing attached.
The Contractor shall purchase and maintain at its own expense, during the term of the Agreement, the types and amounts of insurance with limits no less than those shown in the Required Types and Limits of Insurance Chart associated with this Solicitation, in the form and from companies satisfactory to the County. The Required Types and Limits of Insurance Chart is a listing and general summary of insurance policies required and is not intended to be comprehensive as to the requirements of each specific policy. Contractors shall review the additional requirements in this section and ensure that the insurance policies comply with the specific terms and conditions therein.
For the purposes of indemnification of the County or an endorsement or insurance coverage under this Agreement/Contract under which the County is a “named insured”, “additional named insured”, or “additional insured”, the term “County” includes the County of Volusia (a body corporate and politic and a subdivision of the State of Florida), including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status.
The policy limits for all required policies in the Required Types and Limits of Insurance Chart shall apply separately from one another and shall not be shared with any other coverage line or reduce the aggregate limit of any other insurance coverage form required.
Regardless of anything submitted as proof of insurance, Contractor shall comply with all requirements as stated in the Solicitation and/or Contract Documents.
The County of Volusia is requesting proposals for the service and/or product(s) detailed within this solicitation. If your company is interested in submitting a proposal to provide this service and/or product(s), please provide the requested information in this solicitation, complete the included forms, and submit these documents with your response through OpenGov Procurement, at https://procurement.opengov.com/portal/volusia, by the date and time posted. The submission of responses prior to the specified date and time is solely and strictly the responsibility of the Respondent. Responses received after the posted date and time will not be considered. Additional information may be submitted with the response. No offer may be modified after acceptance. Terms and conditions differing from those in this solicitation may be cause for disqualification of the Response. Failure to provide the required information may result in the Response not being considered.
Responses submitted in OpenGov will remain locked and inaccessible by County purchasing staff until the Submission deadline.
Do not submit confidential information, proprietary information and/or trade secrets.
A. Scope of Work
The County of Volusia requires pest control services at various locations, as detailed in Price Sheet, Attachment B. It shall be noted that some of the locations listed in Price Sheet require service of more than one building. The County reserves the right to add or delete sites, buildings, square footage, and/or vehicles during the term of the Agreement resulting from this invitation to bid (ITB). Pricing for additional locations shall be based on the fixed cost per square foot charge for pest control services, as submitted on Price Sheet.
B. Contractor Responsibilities
The Contractor shall designate, in writing, one project manager as the point of contact. The Contractor’s Project Manager shall have the authority to represent the Contractor for making decisions, carrying out pest control management techniques, and evaluating the effectiveness of the program. The County Project Manager shall be immediately notified of any changes to the project manager during the term of the Agreement resulting from this ITB.
All pest control services shall be performed in accordance with federal, state, and local regulations. The Contractor shall keep fully informed of all federal, state, and local regulations associated with pesticide application and pest control service.
Bidders shall bid according to the square footage listed on Price Sheet. After award, if contractor can show that the square footage listed is not accurate, the County Project Manager will confirm measurements and, if needed, pricing may be adjusted at that time.
When requested, the Contractor shall provide a product label and Safety Data Sheet (SDS) to the County Project Manager for each product used. New SDS sheets shall be provided prior to the application of any new product in any facility.
The County Project Manager will forward to the Contractor a copy of all complaints associated with the pest control program via e-mail.
Integrated Pest Management (IPM) methods shall be used, to the extent possible, to remove and exterminate rodents, insects, and other pests. The Contractor shall use the lowest possible application rates for effective pest control. The Contractor shall furnish all supervision, labor, materials, and equipment necessary to accomplish the monitoring, trapping, pesticide application, and pest removal components of the IPM program. The Contractor shall also provide detailed recommendations for area concerns on the report submitted to aid in pest prevention.
All service technicians that perform services in County facilities shall have a background check conducted through the Florida Department of Law Enforcement (FDLE) and approved by the County Project Manager prior to working in County facilities. The cost of the background check shall be the responsibility of the Contractor. A copy of the all background checks shall be provided to the County Project Manager prior to service being performed. The Contractor shall immediately report any new arrest, criminal charges, or convictions of a current employee to the County Project Manager. Contractor personnel shall wear uniforms provided by the Contractor. The uniform shall clearly identify the employee as working for the Contractor. All vehicles shall be clearly identified with the company name.
The Contractor is responsible for obtaining the necessary state license as required by Florida State Statute (F.S.S.) 482.071. Each employee of the Contractor shall have an employee identification card as required by F.S.S. 482.091, as well as, a pest control operator’s certificate per F.S.S. 482.111. Copies of state license, identification cards, and operator’s certificates shall be included with each bid submittal and shall remain current during the entire term of the Agreement resulting from this ITB. Employee qualifications will be one of the criteria used to evaluate bid submittals.
The Contractor is encouraged to utilize qualified subcontractors for services that require licenses, certifications, or specialized expertise beyond the scope of standard pest control licensure under F.S.S. Chapter 482. This includes, but is not limited to, Florida Fish and Wildlife Conservation Commission (FWC)-licensed wildlife trappers, certified bat exclusion specialists, and licensed nuisance wildlife removal operators. The use of approved subcontractors for bird management, small mammal control, and urban wildlife services is expressly permitted and encouraged where such services fall outside the Contractor’s primary licensure.
The County reserves the right to approve or reject any proposed subcontractor. No subcontractor shall perform work under this Agreement without prior written approval from the County Project Manager. Approved subcontractors may be subject to the same licensing, insurance, background check, and conduct requirements as the primary Contractor. The Contractor shall remain solely responsible to the County for all work performed by subcontractors, including quality, compliance, and liability.
C. General Treatment
All facilities shall receive treatment per the general treatment guidelines listed in this section. Facility-specific requirements listed elsewhere in this ITB shall be performed in addition to the general treatment.
Pest control treatment of all facilities shall be performed between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding county recognized holidays, unless otherwise specified in this ITB. County recognized holidays shall be those days as noted on the Volusia County website https://www.volusia.org/about-us/holidays.stml.
Contractor’s personnel shall report to the building supervisor at the following locations, prior to performing any service:
Thomas C. Kelly Building/Matt Gentile
Volusia County Courthouse/Matt Gentile
S. James Foxman Justice Center/Bruce Davis
Volusia County facilities covered under this agreement shall be treated a minimum of once in a named calendar month minimum twelve (12) times per year. Failure to service any location in any month shall result in a deduction of twice the monthly bid amount for each location missed (two {2} times each monthly bid amount).
Pest control service shall include, but not be limited to, the following:
● Six foot perimeter around facility;
● Loading docks;
● All building restrooms and janitorial closets;
● Common areas, entrance ways, hallways, and stairways;
● All drain and water pipe wall and floor access points;
● Window frames;
● Lunchrooms, kitchens, kitchenettes;
● Under tables and counter tops at points that provide access for crawling insects, and the tops of legs, wall joints, etc.;
● Maintenance areas;
● Dormitory areas;
● Trash collection areas;
● Basement areas;
● Mechanical rooms and utility areas;
● Elevator rooms and associated elevator pits;
● Parking garage at the DeLand Courthouse; and
● Accessible structural voids.
The Contractor shall identify and report in writing to the County Project Manager any environmental conditions that encourage potential insect, rodent, or other pest problems.
The Contractor shall maintain a pesticide application record keeping system, which includes, at a minimum, the following:
● The specific pest for which the facility was treated.
● The specific location within the facility that was treated.
● The type and quantity of pesticide applied.
● The date and time of application.
● Any difficulties encountered during treatment.
A copy of the initial record developed at the start of this Agreement shall be furnished to the County Project Manager. The date and details of all changes to the initial record shall be sent to the County Project Manager.
Records of pesticide application shall be made available to the County Environmental Management Department, or any federal, state, or local regulatory agency, within two (2) working days after receipt of written request.
D. Insect/Pest Control
Contractor shall have the knowledge and ability to identify all pests to be controlled, and the rate of pesticide application for eradication.
Contractor shall notify the County Project Manager of damage symptoms associated with insect, rodents, or other pests.
The Contractor shall use only pest control products that have been approved by the Environmental Protection Agency (EPA) and the State of Florida Department of Agriculture and Consumer Services. Contractor shall be required to provide, complete, and submit the
National Pollution Discharge Elimination System (NPDES) Annual Report Section 6a3 – Contractor Pesticides, Herbicides and Fertilizer Management.
All chemicals used shall be non-irritating, odorless, and harmless to facility occupants and visitors.
Internal areas of buildings shall be treated using the bait method of treatment only. No liquid chemicals shall be sprayed inside any Volusia County Facility, unless approved in writing by the County Project Manager for a one-time specific pest treatment. All approved liquid spray treatments shall be conducted during non-operating hours unless approved by the County Project Manager.
External facility treatment shall use the spray method. An area of not less than six (6) feet from the base of the structure and all areas under covered walkways, halls, archways, etc. shall be treated monthly. Insecticide that is appropriate for identified pests shall be used.
Buildings, both interior and exterior, shall be inspected and treated to eliminate wasp nests and/or beehives. After the pests have been destroyed, the physical nest(s) shall be removed and disposed of by the Contractor.
Building exteriors shall be inspected for carpenter bees. If bees are present the nest(s) shall be located; bees destroyed, and nest entrances sealed with clear silicone rubber.
The Contractor shall respond between monthly services for treatment of any pest observed in any covered facility. This service shall be provided at no additional charge to the County. When called back for a retreat, the facility shall be inspected and treated only for the problem that exists. This treatment will not replace the next normal scheduled treatment. All call back service shall be completed within next business day of the facility (based on the operating hours of the facility.)
E. Ant Control
Termidor shall be used to treat the external structure of all facilities for ant control.
Termidor shall:
● be mixed at a concentration of 0.06% a.i. (active ingredient);
● be applied twice annually. The first treatment shall be in March/April, the second treatment shall be in July/August with application
details per location included with the coinciding invoice;
● be applied on the outside of the structure in a one (1) foot out and one (1) foot up band on and along the sides of the structure,
around doors, windows, eaves, exterior lights, and any building penetrations within twelve (12) feet of the base of the structure; and,
● be applied directly to any nests that are found in or near the structure exterior.
Any ant trails shall be followed to the source and ants shall be exterminated.
Contractor shall provide ant bait stations for interior ant infestation.
F. Rodent Control
The Contractor shall inspect each site for rodent entry points when a rodent problem has been reported. A written recommendation concerning said entry points shall be prepared and provided to the County Project Manager. The County Facility Management Division will perform all repairs to the location for any damage caused by rodents.
Rodent sticky boards and/or live traps shall be the only method of rodent control. A diagram of the building showing the location of each sticky boards and/or live traps shall be developed and a copy of the diagram provided to the County Project Manager.
Rodent sticky boards and/or live traps shall be placed in inconspicuous places in the facility out of reach of building occupants and visitors. Location identifiers shall be placed in visible locations to indicate the location of non-visible traps.
Rodent sticky boards and/or live traps that are set shall be inspected daily by the Contractor for trapped rodents. The Contractor shall remove all trapped rodents daily.
All sticky boards and/or live traps shall be removed when the rodent problem has been eliminated as approved by the County Project Manager. Trap location identifiers shall be removed when a trap is removed.
If any other method of rodent control is used, and a rodent dies within the wall of a facility, the Contractor is responsible for the removal of the dead rodent, and the cost to repair the facility to its original condition. This repair work shall be conducted by Volusia County maintenance personnel only. Repair cost will be calculated using actual cost of materials plus fifty dollars ($50.00) per man hour.
G. Termite Control
Inspection for all types of dry wood and subterranean termite infestation shall be accomplished on an ongoing basis while performing normal treatment.
Thorough termite inspection shall be accomplished upon request by the County Project Manager.
Termite eradication shall be performed only upon compliance with the following conditions:
● The Contractor has determined the type of termite infestation.
● The Contractor has determined the total area of infestation.
● The Contractor has submitted a written estimate for the service to the County Project Manager.
● The Contractor has received written authorization to proceed from the County Project Manager.
Cost for spot treatment of dry wood termites shall be calculated on a square foot basis. Cost for subterranean termite eradication shall be calculated on a linear foot basis. Tenting a building for dry wood termite infestation shall be calculated on a cubic foot basis.
Subterranean termite preventive control shall be conducted using the Termidor injection, as approved in writing from the County Project Manager.
H. Bird Control
The Contractor shall provide bird management services at County facilities in accordance with applicable federal, state, and local wildlife regulations, including compliance with the Migratory Bird Treaty Act (MBTA). All bird control activities shall prioritize humane, non-lethal methods. Lethal control shall only be employed when non-lethal methods have been exhausted and written authorization has been obtained from the County Project Manager and any required wildlife agency permits have been secured.
Bird control services shall include, but are not limited to, the following:
● Routine inspection of facility exteriors, rooftops, loading docks, HVAC equipment, and structural ledges for evidence of bird roosting, nesting, or fouling activity.
● Installation and maintenance of exclusion and deterrent devices such as bird netting, spike strips, wire systems, visual deterrents (e.g., reflective tape, predator decoys), and acoustic deterrents where appropriate.
● Safe removal and disposal of bird nests (where permitted), droppings, and associated debris in accordance with applicable health and safety regulations, including use of appropriate PPE.
● Trap-and-relocate services for non-migratory nuisance birds (e.g., feral pigeons, geese, muscovy ducks) where permitted by law. All trapping activities shall be conducted humanely, with the Contractor responsible for transport and legal disposition of captured birds.
● Written recommendations to the County Project Manager for structural modifications or site management practices (e.g., landscaping adjustments, food source elimination) to reduce bird attraction.
All bird control work shall be documented in the Contractor’s service records, including species observed, deterrent devices installed or serviced, and any remediation actions taken. The Contractor shall promptly notify the County Project Manager of any protected or migratory species encountered before taking any action.
I. Small Mammal and Urban Wildlife Control
The Contractor shall provide management services for small mammals and urban wildlife at County facilities in a manner consistent with Florida Fish and Wildlife Conservation Commission (FWC) regulations, federal wildlife laws, and applicable local ordinances. All wildlife management activities shall employ humane, non-lethal methods as the primary approach. Any lethal action shall require prior written authorization from the County Project Manager and all required state or federal permits.
Small mammal and wildlife services shall include, but are not limited to, the following:
● Routine site inspections for evidence of small mammal activity, including signs of burrowing, structural entry points, food source access, and droppings. Species commonly addressed include, but are not limited to, raccoons, opossums, armadillos, squirrels, bats, and feral cats.
● Live trapping and humane relocation of nuisance wildlife. The Contractor shall be responsible for transport and legal disposition of all captured animals in compliance with FWC guidelines. Traps shall be checked at minimum once every twenty-four (24) hours and more frequently in extreme weather conditions to ensure animal welfare.
● Exclusion services including the identification and sealing of structural entry points used by small mammals. Exclusion repairs shall be coordinated with the County Project Manager; structural repairs beyond minor sealing shall be performed by County Facility Management personnel.
● Bat exclusion services shall comply with FWC regulations regarding maternity season restrictions (typically April 15 through August 15). No exclusion work shall be conducted during the maternity season without written FWC authorization. The Contractor shall advise the County Project Manager of any seasonal timing constraints prior to initiating work.
● Written recommendations to the County Project Manager regarding sanitation, waste management, landscaping modifications, and structural conditions that contribute to wildlife attraction or harborage.
All small mammal and wildlife control activities shall be documented in the Contractor’s service records, including species, trapping locations, methods used, and disposition of animals. The Contractor shall immediately notify the County Project Manager of any protected, threatened, or endangered species encountered, and shall take no action with respect to such species without explicit written authorization.
J. Site Specific Requirements
Branch Jail/Correctional Facilities
1. The Branch Jail and Correctional Facility are controlled areas, and all service must be performed in compliance with security
requirements.
2. The interior of Branch Jail and Correction Facility shall be serviced between the hours of 7:00 p.m. and 11:00 p.m. only.
3. The exterior of the Branch Jail and Correctional Facility may be treated as needed permitted by security requirements.
4. The Branch Jail and Correctional Facility are large buildings and shall be serviced by developing a schedule to treat individual areas within the buildings on a monthly basis. The monthly program shall be reviewed and approved by the County Project Manager to ensure that the entire facility is treated monthly.
5. Large kitchen areas in the Branch Jail and Correctional Facility shall be treated once per week, unless directed otherwise in writing by the County Project Manager or designee. A record of each area serviced with the date it was serviced shall be given to the Building Supervisor when work is completed.
6. The exterior of the buildings shall be treated twice per calendar year for ant control in accordance with manufacturer specifications. It shall be mixed at 0.06% a.i. It shall then be applied on the outside of the structure in a one foot out and one foot up band on and along the sides of the structure. It shall also be applied around all first floor doors, windows, eaves, exterior lights, shutters, etc., and all ant mounds found within twelve (12) feet of the base of the structure.
7. Bait pesticides shall be placed inside buildings where they are not accessible to building occupants and in small quantities that are not hazardous to building occupants.
Thomas C. Kelly Administration Center
1. The snack bar, City Slickers, within this building shall be serviced monthly, between 8:00 a.m. and 2:00 p.m., Monday through Friday, excluding County recognized holidays.
2. A service work order showing the date and time of service shall be given to the operator of the snack bar at the time of service.
3. The Contractor shall be financially responsible for any fines or loss of income to the snack bar operator that is a direct result of not providing proof of monthly service.
Daytona Beach International Airport (DAB)
Portions of the work performed under this Contract shall be performed in the Security Identification Display Area (SIDA) within close proximity to aircraft. All Contractor personnel shall be required to obtain Secured Area access badges from Airport Security. The fee for this is currently fifty dollars ($50.00) per person and the Contractor will be responsible for this cost.
Applicants for access badges shall be required to successfully complete a fingerprint scan, have a criminal history record check (CHRC), and a security threat assessment (STA) and successfully pass the Airport’s “Security Identification Display Area” three hour training program. (Individuals with a criminal history are not automatically excluded, but all convictions must be disclosed on the application). It could take two (2) to three (3) weeks to process applications. Awarded Contractor’s employees must complete the Airport badge application, available in Solicitation, ITB Documents, Forms, Section 1.5.11. All cost associated with the badging process is the responsibility of the Contractor.
The awarded Contractor shall assign an individual as the Authorized Signatory for the badging process at DAB. The authorized signatory shall work directly with the Airport Security Coordinator. The Contractor personnel designated as the authorized signatory shall verify all badge applications as well as control and be accountable of Contractor’s badged employees. The responsibilities of the Contractor’s Authorized Signatory shall include, but not limited to, the following:
● Review and sign airport badge applications and determine the level of access and privileges;
● Verify applicant’s ID to ensure that he/she has the required documents;
● Schedule new signatories for fingerprints and signatory class;
● Verify application is complete and all information is correct;
● Ensure renewal badge process begins 30-60 days prior to expiration dates;
● Informs badge applicants of their clearance and ensure the badge process is completed within 30 days of approval email;
● Maintain badge accountability and security;
● Complete airport badge audits; and
● Attend annual recertification classes.
I. Service Tracking
The Contractor shall provide a service tracking scanner system to ensure each location is serviced per the contract specification.
Scan locations shall be installed in each building at a location agreed to by both the Contractor and the County Project Manager.
Each location shall have two (2) sensors installed, one to log in when service is started and one to log out when service is completed.
A monthly printout of the service provided shall be attached to the monthly invoice.
The Contractor shall have this system installed and operational within thirty (30) days of award of the Agreement resulting from this ITB.
J. Invoicing
The monthly invoice shall have every location listed, the cost of each location serviced, and the total monthly cost of locations serviced.
Invoices shall be sent to the billing address listed on Price Sheet for that section or as follows:
● Invoices for those locations listed under Facility Management shall be sent to Facility Management, 3811 Tiger Bay Rd, Daytona
Beach 32124.
The Contractor shall generate and submit individual, separate invoices for each of the following Constitutional Offices. These invoices must not be bundled with general County Facility Management billing:
● Invoices for those locations listed under Votran shall be sent to Votran, 950 Big Tree Rd, South Daytona 32119.
● Invoices for those locations listed under Ocean Center shall be sent to Ocean Center, 101 N. Atlantic Avenue, Daytona Beach
32118-4203.
● Invoices for those locations listed under the Daytona Beach International Airport shall be sent to Daytona Beach International Airport,
700 Catalina Drive, Suite 300, Daytona Beach 32114.
● Invoices for those locations listed under Parks, Recreation, & Culture shall be sent to Parks, Recreation, & Culture, 202 N. Florida
Ave., DeLand, FL 32720.
● Invoices for those locations listed under Caretaker Houses shall be sent to Parks, Recreation, & Culture, 202 N. Florida Ave.,
DeLand, FL 32720.
● Invoices for those locations listed under Corrections shall be sent to Branch Jail, 1300 Red John Dr, Daytona Beach, FL 32124.
● Invoices for those locations listed under Coastal shall be sent to Coastal and Beach Operations,515 S. Atlantic Ave, Daytona Beach, Fl 32118
In the case of no service at any facility, an explanation shall be attached to the invoice. The explanation will be evaluated by County Project Manager. If the justification is not deemed valid, at the sole discretion of the County Project Manager, an amount of twice the monthly cost for that facility shall be deducted from the invoice.
Models are expected to change as product lines evolve with technological improvements. Direct manufacturer replacement models are acceptable as long as the direct manufacturer replacement models shall work with the proposed system. The direct manufacturer replacement models shall be equivalent or better than the original proposed model to be replaced. The direct manufacturer replacement model unit price shall be the same or lower than the original proposed model to be replaced.
A formal action by the County of accepting a portion of the Work as being complete after inspection by the County Project Manager.
A. Invitation to Bid (ITB) Closing Date
Response must be received through the County's eProcurement Portal before 3:00 pm on Thursday, May 7, 2026. Responses received after this time will not be considered.
B. Pre-solicitation Conference
1. A mandatory pre-solicitation conference will be held at NO VALUE on NO VALUE at NO VALUE.
2. In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the County’s ADA Coordinator at 386‑248‑1760 for assistance, at least two (2) business days before any meeting date. Assisted listening system receivers are available for the hearing impaired, and can be obtained from the Deputy Clerk by contacting the County’s ADA Coordinator at 386-248-1760. Read the full ADA Notice under The American with Disabilities Act (Title II), at County of Volusia Notice Under the Americans With Disabilities Act (Title II) Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II).
3. Mandatory Pre-solicitation: A representative of the firm must attend the meeting in its entirety to respond to this solicitation. Responses received from firms not documented and confirmed on the county's electronic RSVP sign-in sheet will be deemed non-responsive and will not be considered by the County. You may RSVP via the County's eProcurement Portal. The County will electronically record attendance of the firms via the County's eProcurement Portal. Additionally, the County of Volusia reserves the right to add a second mandatory pre-solicitation meeting, if the County deems it necessary.
The Contractor shall provide all necessary maintenance on a turnkey basis during the term of the Contract. This may include software, hardware, or other technical maintenance.
An instrument, the form of which shall be provided by the County, which Contractor must provide as a condition precedent to certification of an Application for Progress Payment or as a condition precedent to certification of the application for final payment, unless the County has received an applicable Consent of Surety.
The County's general terms and conditions for Purchase Orders or Master Agreements included as an exhibit with this RFQ shall apply unless otherwise noted.
All subcontractors & independent contractors utilized by Contractor to provide services to County and its employees under this Agreement/Contract shall be required to maintain all insurance policies with the same terms, conditions, and requirements required of the Contractor in the Required Types and Limits of Insurance Chart and described in this Solicitation.
A. Invitation to Bid (ITB) Closing Date
Response must be received through the County's eProcurement Portal before 3:00 pm on Thursday, May 7, 2026. Responses received after this time will not be considered.
B. Pre-solicitation Conference
1. A non-mandatory pre-solicitation conference will be held at NO VALUE on NO VALUE at NO VALUE. While this is not mandatory, all interested parties are encouraged to attend and participate.
2. In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the County’s ADA Coordinator at 386‑248‑1760 for assistance, at least two (2) business days before any meeting date. Assisted listening system receivers are available for the hearing impaired, and can be obtained from the Deputy Clerk by contacting the County’s ADA Coordinator at 386-248-1760. Read the full ADA Notice under The American with Disabilities Act (Title II), at County of Volusia Notice Under the Americans With Disabilities Act (Title II) . Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II).
3.Non-mandatory Pre-solicitation: You may RSVP via the County's eProcurement Portal. The County will electronically record attendance of the firms via the County's eProcurement Portal. Additionally, the County of Volusia reserves the right to add a second pre-bid meeting, if the County deems it necessary.
A. Invitation to Bid (ITB) Closing Date
Response must be received through the County's eProcurement Portal before 3:00 pm on Thursday, May 7, 2026. Responses received after this time will not be considered.
B. No Pre-solicitation Conference will be held.
The County reserves the right to require proof that the Respondent is an established business and is abiding by all applicable local, State, and Federal ordinances, regulations, and laws. This may include, but is not limited to, business tax receipts, business licenses, Florida sales tax registration, Federal Employers Identification Number, and/or registration with the Florida Department of State, Division of Corporations' Sunbiz website at www.sunbiz.org.
All insurance policies written on a Claims Made Form shall maintain a retroactive date prior to or equal to the effective date of the Agreement. The Contractor shall purchase a Supplemental Extended Reporting Period (“SERP”) with a minimum reporting period of not less than three (3) years in the event the policy is canceled, not renewed, switched to occurrence form, or any other event which requires the purchase of a SERP to cover a gap in insurance for claims which may arise under or related to the Agreement. The Contractor’s purchase of the SERP shall not relieve the Contractor of the obligation to provide replacement coverage. In addition, the Contractor shall require the carrier immediately inform the Contractor, the County Risk Manager, and the Purchasing and Contracts Division of any contractual obligations that may alter its professional liability coverage under the Agreement.
With respect to the System and environment the Contractor uses to provide services, including those for data processing, storage and transmission, the Contractor is responsible for protecting the confidentiality, integrity, and availability of County Data and agrees as follows:
Ownership of County Data. County is the owner of its data, data compilations and reports or compilations of its data generated from use of the Licensed Software ("County Data"). Notwithstanding anything to the contrary contained in this Agreement, the County shall have the right to use the Contractor's Licensed Software to access and have unfettered use of such data, reports, compilations, or information derived from or resulting from the use of the Licensed Software and/or to generate reports from such data, files or information. Contractor acknowledges and agrees that the County is the owner and custodian of said data, compilations and information whether or not such is electronically retained and regardless of the retention media and that the use of the Licensed Software in relation to such information or data does not in any way restrict County in the County's rights of disclosure of its data and information.
County Proprietary Information. It is acknowledged by Contractor that to fulfill obligations under the awarded Contract, Contractor personnel may come in contact with business proprietary, personally identifiable, health care, sensitive and privileged law enforcement, and criminal justice information. Contractor is prohibited from divulging, disclosing, or providing access to information obtained as a result of the Contract to any entity or individual not so authorized by the County. Any misuse or unauthorized access of information is subject to administrative and criminal penalties. The Contractor shall take necessary security measures to ensure there is no unauthorized access to County data and that the County proprietary information cannot be downloaded to or printed from any devices that its employees, contractors or subcontractors use, including, and without limitation, desktops, laptops, and USB flash drives.
County Data. In storing, processing, or transmitting County Data, the Contractor shall not comingle the County Data with any data from Contractor’s other clients. Data Sanitization Requirements. The Contractor shall certify to the County, when required, that County data is destroyed and the Contractor is not maintaining, keeping, or archiving County data. Said certification will be provided to the County Contract Manager in writing. Times this may be required during final acceptance and at Contract termination.
Data Monetization. The Contractor shall not profit from utilizing County data, metadata, or other County information.
Security Operating Protocols. The Contractor shall adhere to cybersecurity standards and best practices published by the National Institute of Standards and Technology (NIST) as applicable, and, employ generally accepted industry security methods and internal security operating protocols to prevent unauthorized access into the service the Contractor provides to the County or interception of data or communications by unauthorized individuals or unauthorized third parties. Such practices shall include, as applicable: Data Risk Management; Secure Configuration and Vulnerability Management; Access Control; encryption of data stored and transmitted using cryptographic modules validated as compliant with Federal Information Processing Standard 140-2 ; firewall protection; password protection; review of firewall logs and intrusion detection and protection systems (IDPS) notifications on a daily basis; and, update of virus definitions and security patches on an as-needed basis.
Hosting Provider. The Contractor shall only use hardware and software located in secure facilities in the U.S. and administered by the Contractor or a third party hosting provider (“Hosting Provider”) to provide services to the County. The Contractor represents and warrants that each Hosting Provider used by the Contractor will cause to be conducted, on at least an annual basis, an SSAE 18 SOC 2 (or equivalent) security audit by a qualified and reputable auditing organization who shall identify in a written report (a copy of which shall be promptly delivered to the County upon request and which shall be the Contractor’s Proprietary Information) any deficiencies or weaknesses to internal controls that impact system security availability, processing integrity, confidentiality, or the privacy of County Data in connection with the applicable Hosting Provider’s services that the Contractor uses and the operating environment thereof.
County Data Location. Except for sending the County Data to the County and to offsite backup storage facilities, the Contractor shall keep the County Data solely in its Hosting Provider’s facility or facilities located in the United States and shall not allow such data to leave such facility or facilities in any form.
Security Breach. Within twelve (12) hours of discovery, the Contractor shall notify the County should it discover any breach of the security provisions set forth in this Agreement or a loss, interception, unauthorized disclosure or other compromise of the County Data and shall immediately coordinate with the County to investigate and remedy such breach(es) in a diligent and timely manner. Except as may be strictly required by applicable law, the Contractor agrees that it will not inform any third party of any such security breach involving the County Data without the County’s prior written consent; however, if such disclosure is required by applicable law, the Contractor agrees to work with the County regarding the content of such disclosure so as to minimize any potential adverse impact upon affected parties.
Backup Materials. The Contractor or its Hosting Provider shall maintain backups of all hardware and software used to provide services to the County and the data stored or processed through the System (“Backup Materials”). Backup Materials shall be inventoried, tracked and maintained at a separate secure physical location located in the United States. The separate secure physical location is subject to the same security requirements of the primary facilities where daily and routine processing, storage and transmission of County Data occurs. If access or use of the service is interrupted, the appropriate backup shall be activated within four (4) hours to minimize disruptions.
This Solicitation document between the County and the awarded Contractor(s) along with any written addenda and other written documents, which are expressly incorporated by reference. May be used interchangeably with Contract.
The Solicitation response and all required forms must be submitted/signed by an official authorized to legally bind the Respondent to all Solicitation provisions. A Memorandum of Authority may be submitted to document that the individual is authorized to commit the firm to a contract.
The Director of Purchasing and Contracts or designee shall serve as Agreement Administrator. The Agreement Administrator shall be responsible for addressing any concerns within the scope of the Agreement. Any changes to the resulting Agreement shall be made in writing and authorized by the Director of Purchasing and Contracts.
The Contractor shall implement and maintain, at all times, appropriate incident response and disaster and recovery plans and provide the County with a written copies of the plans upon request. In addition, the Contractor shall provide the County with a copy of any future third party certification report(s) that review and/or certify the incident response or disaster and recovery plans when such report(s) are made available to the Contractor.
Contractor shall not obtain an insurance policy required under this Agreement from a Risk Retention Group or Pool.
A written agreement approved by the Director of Purchasing and Contracts and signed by the County or the County Manager, if authorized within the Agreement, and Contractor, which authorizes a modification or revision to one or more terms or conditions or exhibits of the Agreement.
Each Response shall be evaluated for conformance as responsive and responsible using the following criteria:
Financial Stability: All Respondents shall be prepared to supply a financial statement upon request, preferably a certified audit of the last available fiscal year.
Respondents are reminded that award may not necessarily be made to the lowest Response. Rather, award will be made to the lowest responsive, responsible, Respondent whose Response represents the best overall value to the County when considering all evaluation factors.
Contractors shall be responsible to know and to apply all applicable federal, state, and local laws, ordinances, rules, regulations (including but not limited to the following statutes: Americans with Disabilities Act (ADA),Titles I, II and III of the ADA; Federal Immigration Reform and Control Act of 1986 (as amended); and Title VII of the Civil Rights Act of 1964 (as amended), and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. Contractor shall always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. The awarded Contractor shall indemnify, defend, and hold harmless the County and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by Contractor, its representatives, Subcontractors, sub-consultants, professional associates, agents, servants, or employees.
For internet/web Services: For the purposes of this paragraph, any Services or products offered to public via the internet or online must comply with WCAG 2.1 in order to be deemed ADA compliant. The County will provide Contractor with prompt written notice with respect to any ADA deficiencies of which the County is aware and Contractor will promptly correct such deficiencies. If the County, the Department of Justice or other governmental entity tasked with the enforcement of the ADA (“Enforcement Agency”) notes any deficiency in the facilities, practices, services, or operations of the Contractor furnished or provided in connection with this Agreement, Contractor shall, at no additional charge or cost to the County, immediately cure any such deficiencies without delay to the satisfaction of such Enforcement Agency. Contractor further agrees that it shall, to the extent permitted by law, indemnify, defend, and hold harmless the County against any and all claims, sanctions, or penalties assessed against the County, which claims, sanctions, or penalties arise or otherwise result from Contractor’s failure to comply with the ADA or WCAG 2.1, for online or internet Services or products.
Minimum underlying policies, coverages, and limits shall include all policies listed in the Required Types and Limits of Insurance Chart.
The Respondent, by submitting a Response, represents that:
A. The Respondent, by and through the submission of its Response, agrees that it shall be responsible for having examined the site, the location of all proposed Work, and for having satisfied itself from experience or professional advice as to the character and location of the site, the nature of the ground, surface, and subsurface, the water elevations, location of buried utilities, and any other conditions surrounding and affecting the Work, any obstructions, the nature of any existing construction, and all other physical characteristics of the job, in order that it may include in the Response all costs pertaining to the Work and thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which may be encountered in doing the proposed Work.
B. Any records of contours, obstructions, and other subsurface investigations shown on the drawings or included hereinafter were made solely for design purposes for the Work; and the County and its Engineer do not warrant, guarantee, or represent that said data is correct with respect to actual subsurface conditions; therefore, the Respondent, by and through the submission of its Response affirms that it has made, or caused to be made, its own test holes and/or other investigations of such subsurface conditions, and/or that it has otherwise satisfied itself with respect to such conditions; and should the Respondent be awarded the Contract, it agrees that it shall make no claims against the County, County Engineer, or its consultants if, in carrying out the Work, it finds that the actual conditions do not conform to those indicated.
C. The Respondent, in preparing a Response, shall take into consideration that Work by other Contractors may be in progress at or near the site during the performance of the Work to which the Response relates and that it shall be expected, should it be awarded a Contract, to avoid interference with Work done by such other contractors and to coordinate its Work with other contractors at the site.
D. The Respondent shall be responsible for having determined to its satisfaction, prior to the submission of its Response, the nature and location of the Work, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the ground water conditions, the character of equipment and facilities needed preliminary to and during the execution of Work, the general and local conditions and all other matters which can in any way affect the Work under this Contract. The prices established for the Work to be done shall reflect all costs pertaining to the Work. Any claims for extras based on substrata or ground water table conditions will not be allowed.
E. Permits. Prior to submission of its Response, the Respondent shall review the section titled Permits of the General Conditions.
Under all insurance policies where the County is required to be an additional insured, the coverage and limits provided to the County under Contractor’s insurance policies shall be that listed in the Required Types and Limits of Insurance Chart or the Contractor’s actual limits, whichever is higher. All coverage provided to the County as an additional insured by said policies shall be primary and shall not be additional to or contributing with any other insurance or self-insurance maintained by the County or any other insurance contractually available for the benefit of the County. Contractors performing construction projects shall utilize ISO Forms CG 20 38 and CG 20 37, or their equivalents to provide additional insured status to the County and any party to whom the County is contractually bound to provide additional insured status under a commercial general liability policy.
The System, during the term of the Contract and any renewals thereto, shall be warranted by Contractor to provide the functions, features and capabilities specified and described in the Contract. Contractor shall further warrant and represent that the System and its software components shall operate together as a whole to perform the functions in the manner specified and delineated in the Contract; and that no other County hardware except hardware provided by County under this Contract or Licensed Software is required to be purchased or installed by County to host the System. County shall be responsible for acquiring and maintaining its own personal computers necessary to access the System. Contractor shall expressly warrant that each module of the System shall be free from reproducible Defects that cause the System to fail to conform to the operational and performance specifications as set forth in the Contract. Contractor shall make the foregoing warranty for the System for a minimum period of one (1) year after Final System Acceptance by County, and for the duration of any maintenance and support agreement covered in by the Agreement or incorporated into the Agreement for so long as the County pays the annual recurring fee. Contractor shall also warrant that the System is free from viruses and/or malicious software which would prevent the System from being operated as described and set forth in the Contract.
May refer to the actual written form or the Contractor’s act of submitting the written form to the County to request payment for a portion of the Work prior to an application for final payment. The actual form shall be supplied by the County.
This project is funded by monies that prohibit the local preference provision and local preference does not apply per the General Terms and Conditions section Local Preference.
Offer shall contain a signature in the space(s) provided of a representative authorized to legally bind the Respondent to the provisions therein. All spaces requesting information from the Respondent or asking a question of the Respondent shall be completed.
The County shall be entitled to any and all releases of the software and upgraded versions of the software covered in the awarded Contract that becomes available from the Contractor at no charge during the warranty period and through the duration of the maintenance agreement period. The maximum charge for any upgrade after the expiration of the warranty period and the software maintenance agreement period shall not exceed the total difference between the cost of the County’s current version and the price at which the Contractor sells or licenses the upgraded software under similar circumstances. If software is customized for the County, the Contractor shall be compensated at an agreed-upon rate.
This project is not funded by monies that prohibit the local preference provision and local preference does apply per the General Terms and Conditions section Local Preference.
The Contractor’s written submission to the County in response to the Invitation to Bid (ITB) issued by the County for this Project. Used interchangeable with Response.
That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that submits a proposal for the purpose of obtaining a Contract with the County for the provision of the services requested in the Solicitation. Can be used interchangeably with Proposer and Respondent.
The Respondent to whom a Contract is awarded will be required to execute the prescribed Contract and Payment and Performance Bond, if required, within ten (10) business days from the date of notice of award of the Respondent's Proposal.
The Contractor shall provide all necessary maintenance on a turnkey basis during the term of the awarded Contract. This may include software, hardware, or other technical maintenance. If not otherwise provided for in the Contractor’s pricing, after the initial term, the annual cost for maintenance may only increase annually by the lesser of three percent (3%) or the Bureau of Labor Statistics, Table 5, Compensation (http://www.bls.gov/news.release/eci.t05.htm), Professional, Scientific, and Technical Services Index for the applicable year (not seasonally adjusted).
1. The County will remit full payment on all undisputed invoices within forty-five (45) business days from receipt by the appropriate person(s) (to be designated at time of Agreement) of the invoice(s) or receipt of all products or services ordered.
2. Pursuant to Chapter 218, Florida Statutes, the County will pay interest not to exceed one percent (1%) per month on all undisputed invoices not paid within thirty (30) days after the due date.
3. The County has the capability of Electronic Funds Transfer (EFT). List any discounts for prompt payment and/or willingness to accept Electronic Funds Transfer (EFT) and the discount to be applied to such payments. Contractors offering prompt payment discounts, for example 1% - net 10, the discount shall be taken if the check issue date is within specified time period from date of invoice.
By submitting a Response to the County of Volusia, Florida, the Respondent expressly agrees that, if awarded an Agreement, the County may withhold from any payment monies owed by the Respondent to the County for any legal obligation between the Respondent and the County, including, but not limited to, real property taxes, personal property taxes, fees, and commissions.
If the services provided require the disposal of any hazardous or non-hazardous materials off the job site, the disposal site operator must furnish a certificate of insurance for Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under the Agreement.
Any day, including Saturdays, Sundays, and holidays, regardless of weather conditions. All references to a “day” in the Contract Documents, shall mean a Calendar Day unless specifically otherwise designated.
Pursuant to Section 119.071, Florida Statutes, responses and the completed tabulation will be available for inspection within thirty (30) days of Solicitation opening. Contact the Purchasing and Contracts Office during regular business hours to inspect responses and the completed tabulation or go to the County's eProcurement Portal for inspection of the completed tabulation. The foregoing notwithstanding, if, prior to the County’s making responses available for inspection, the County rejects all responses and concurrently provides notice of the County’s intent to reissue the solicitation, then the County may avail itself of the exemption for rejected responses set forth in Section 119.071, Florida Statutes, to the extent such Section may apply.
Solicitation openings and public meetings may be attended either in person or remotely. Solicitation openings may be accessed remotely as described in the introduction timeline section of this Solicitation.
In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the County’s ADA Coordinator at 386‑248‑1760 for assistance at least two (2) business days before any meeting date.
Assisted listening system receivers are available for the hearing impaired and can be obtained from the Deputy Clerk by contacting the County’s ADA Coordinator at 386‑248‑1760. Read the full ADA Notice under The American with Disabilities Act (Title II), at www.volusia.org/core/fileparse.php/4175/urlt/ADANotice.pdf. Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II).
1. The County will remit full payment on all undisputed invoices within twenty (20) business days from receipt by the appropriate person(s) (to be designated at time of Agreement) of the invoice(s) or receipt of all products or services ordered.
2. Pursuant to Chapter 218, Florida Statutes, the County will pay interest not to exceed one percent (1%) per month on all undisputed invoices not paid within thirty (30) days after the due date.
3. The County has the capability of Electronic Funds Transfer (EFT). List any discounts for prompt payment and/or willingness to accept Electronic Funds Transfer (EFT) and the discount to be applied to such payments. Contractors offering prompt payment discounts, for example 1% - net 10, the discount shall be taken if the check issue date is within specified time period from date of invoice.
By submitting a Response to the County of Volusia, Florida, the Respondent expressly agrees that, if awarded an Agreement, the County may withhold from any payment monies owed by the Respondent to the County for any legal obligation between the Respondent and the County, including, but not limited to, real property taxes, personal property taxes, fees, and commissions.
In the event that the County terminates the resulting Contract due to default by the Contractor or does not accept the proposed product(s) after installation due to errors, malfunctions, and/or non-performance of the Contractor (or its sub-contractor), the County shall have the right to use the product(s), without charge, until it can be replaced in accordance with the Transition Plan provisions of this solicitation. In the event that the Contractor cannot correct Critical or Non-Critical Problems noted by the County in the then implemented version (including updates) of the product(s), the Contractor shall replace the product or provide a “work around” within ten (10) calendar days after notification that a software correction is required. In the event that the Contractor does not keep the product(s) functioning according to specifications in accordance with the County’s sole judgment, then the County, at its sole option, shall have the right to return any or all of the product(s) and related technical data and terminate the Contract. The County may elect to levy liquidated damages as may be established in the awarded Contract or withhold final payments in the case that the system proves unreliable or does not perform. The County may terminate the Contract for this cause.
Workers’ Compensation insurance is required for all employees of the Contractor, employed or hired to perform or provide Work or Services under the Agreement or that is in any way connected with Work or Services performed under the Agreement, without exclusion for any class of employee, and shall comply fully with the Florida Workers’ Compensation Law (Chapter 440, Florida Statutes, Workers’ Compensation Insurance) and include Employers’ Liability Insurance with limits no less than the statutory amount. Policy shall be endorsed with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County. If Contractor is using a “leased employee” or an employee obtained through a Professional Employer Organization (“PEO”), Contractor is required to have such employees covered by Worker’s Compensation insurance in accordance with Florida Worker’s Compensation law. The PEO shall endorse its workers compensation policy with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County, its employees and insurers. If Agreement involves Maritime Operations, Contractor’s Worker’s Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A Section 688) and U.S. LHWCA (33 U.S.C.A. Section 901). Coverage for the U.S. LHWCA shall be at the statutory amount. Coverage limits for the Jones Act shall be not less than $1,000,000. Contractor will be permitted to provide Jones Act Coverage through a separate Protection & Indemnity Policy in so far as the coverage provided is no less restrictive than would have been provided by a Workers’ Compensation Policy.
(1) Contractor and its Subcontractors, or any associated or subsidiary company doing work on County property or under the Agreement must be named in the Workers’ Compensation coverage or provide proof of their own Workers’ Compensation coverage, without exclusion of any class of employee, and with a minimum of the statutory limits per occurrence for Employer’s liability coverage. Further, if the Contractor's Subcontractors fail to obtain Workers’ Compensation insurance and a claim is made against the County by the uncovered employee of said Subcontractor of the Contractor, the Contractor shall indemnify, defend, and hold harmless the County from all claims for all costs including attorney’s fees and costs arising under said employee(s) Workers’ Compensation insurance claim(s).
A written Modification is also known as a Change to Scope of work to the Contract signed by the County and Contractor documenting an addition, deletion, or revision in the Work, with or without an adjustment in the Contract Sum or Contract Time. Change Orders/Modifications resulting in an adjustment to the Contract Sum shall be administered pursuant to Fla. Statute § 218.755.
When advantageous for the County, the County reserves the right to issue “Owner Direct Purchase Orders” in order to save sales tax. If the County elects to issue Owner Direct Purchase Orders, Contractor shall assist County staff and shall be liable for accuracy and warranty of specifications, and materials ordered. Owner Direct Purchase Orders shall be identified within the drawings and specification documents.
Pursuant to section 119.0701(2)(a), Florida Statutes, the County is required to provide Contractor with this statement and establish the following requirements as contractual obligations pursuant to the Agreement:
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 THE CUSTODIAN OF PUBLIC RECORDS AT 386-736-5935, purchasing@volusia.org, by mail, Purchasing and Contracts Division, Attn: Public Records Custodian, 123 W. Indiana Ave. Rm. 302 DeLand, FL 32720.
By entering into a Contract, Contractor acknowledges and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of services provided under a Contract are public records subject to the public records disclosure requirements of section 119.07(1), Florida Statutes, and Article I, section 24 of the Florida Constitution. Pursuant to section 119.0701, Florida Statutes, any Contractor entering into a Contract for services with the County is required to:
Requests to inspect or copy public records relating to the County’s Contract for Services must be made directly to the County. If Contractor receives any such request, Contractor shall instruct the requestor to contact the County. If the County does not possess the records requested, the County shall immediately notify the Contractor of such request, and the Contractor must provide the records to the County or otherwise allow the records to be inspected or copied within a reasonable time.
Contractor acknowledges that failure to provide the public records to the County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. Contractor further agrees not to release any records that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written authorization from the County. Contractor shall indemnify, defend, and hold the County harmless for and against any and all claims, damage awards, and causes of action arising from the Contractor’s failure to comply with the public records disclosure requirements of section 119.07(1), Florida Statutes, or by Contractor’s failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements, including, but not limited to, any third party claims or awards for attorneys' fees and costs arising therefrom. Contractor authorizes County to seek declaratory, injunctive, or other appropriate relief against Contractor from a Circuit Court in Volusia County on an expedited basis to enforce the requirements of this section.
If the awarded Contract expires or is earlier terminated, the Contractor shall provide Transition Support Services to the County and develop a transition plan (the “Transition Plan”) in the form of an Amendment or Change Order to this Contract to be signed by the County and the Contractor. Contractor’s time will be limited to Support Services needed to produce required materials and to respond to questions regarding the System to be transitioned to another Contractor. Examples of Support Services include but are not limited to delivering via electronic media, accurate copies of any data that is requested and necessary to perform the services. The Contractor shall cooperate with County to develop and implement an orderly transition plan and Contractor shall continue to provide services to County until the Transition Plan is completed to the satisfaction of the County. Materials include but are not limited to assistance including all documentation so Contractor can provide the Transition Support Services to County or another Contractor. However, in no event shall Contractor be obligated to disclose any proprietary information or trade secrets to any competitor of Contractor. If the awarded Contract is earlier terminated by the Contractor, other than for default by the County, then Contractor shall provide Transition Support Services at no cost to the County. If the awarded Contract expires or is earlier terminated by the County, then Contractor shall provide Transition Support Services upon terms mutually agreed upon by the parties.
Workers’ Compensation insurance is required for all employees of the Contractor, employed or hired to perform or provide work or services under the Agreement or that is in any way connected with work or services performed under the Agreement, without exclusion for any class of employee, and shall comply fully with the Florida Workers’ Compensation Law (Chapter 440, Florida Statutes, Workers’ Compensation Insurance) and include Employers’ Liability Insurance with limits no less than the statutory amount. Policy shall be endorsed with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County. If Contractor is using a “leased employee” or an employee obtained through a professional employer organization (“PEO”), Contractor is required to have such employees covered by worker’s compensation insurance in accordance with Florida Worker’s Compensation law. The PEO shall endorse its workers compensation policy with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County, its employees and insurers.
(1) Contractor and its Subcontractors, or any associated or subsidiary company doing work on County property or under the Agreement must be named in the Workers’ Compensation coverage or provide proof of their own Workers’ Compensation coverage, without exclusion of any class of employee, and with a minimum of the statutory limits per occurrence for Employer’s liability coverage. Further, if the Contractor's Subcontractors fail to obtain Workers’ Compensation insurance and a claim is made against the County by the uncovered employee of said Subcontractor of the Contractor, the Contractor shall indemnify, defend, and hold harmless the County from all claims for all costs including attorney’s fees and costs arising under said employee(s) Workers’ Compensation insurance claim(s).
The County is looking to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful Respondent shall be awarded an Agreement for an initial three (3) year term with the option for two (2) subsequent one (1) year renewals. All renewals will be contingent upon mutual written agreement and, when applicable, approval of County Council.
The County, in its sole discretion, may permit the Contractor to have remote on-line access to designated computer systems of the County in order to facilitate the Contractor’s ability to perform its obligations under the resulting Agreement. Such access shall be used only in furtherance of the Contractor’s duties under the Agreement and may not be used for any other purpose. If such access is granted, the Contractor shall give to the County the names of the Contractor’s employees who have a legitimate business need for such access to the County’s computer systems, and the County shall provide a separate user identification code for each person, if applicable. The Contractor shall audit all remote access used by its employees at least quarterly to ensure its employees are performing their duties in strict adherence to all security and privacy requirements under the Agreement, and shall immediately notify the County of and take immediate action to rectify any deviations. The Contractor, at its own expense, shall provide and maintain any hardware, telecommunications services and software not furnished by the County which is needed to communicate reliably with the County’s computer systems. The County, in its sole discretion, may terminate the Contractor’s access to the County’s computer network at any time. The Contractor shall ensure that: (a) computer access is limited to those employees with a legitimate business need whose names have been furnished to the County; and (b) such employees with access agree to keep any information so obtained strictly confidential, to use such information only to perform the Contractor’s contract obligations to the County and to cease accessing the County’s computer systems when no longer required to perform work under this Agreement. The Contractor shall immediately notify the County if it becomes aware of any unauthorized access to the County’s computer systems or unauthorized use of the information on the systems. Any information to which the Contractor, its officers, employees, subcontractors or agents becomes privy as a result of such access shall be deemed proprietary information and protected by the provisions of this Agreement. The Contractor shall cooperate with the County in the investigation of any apparent unauthorized access by the Contractor to the County computer or electronic data storage systems or unauthorized release of the County Data by the Contractor. The Contractor warrants and agrees that its personnel will not remotely access the County’s system from a networked computer unless the network is protected from all third party networks by a firewall that is maintained with all patches up to date by qualified, trained and competent administrative staff. Said firewall must be certified by the International Computer Security Association (ICSA) (or an equivalent certification as determined by the County) if the connection to the County’s network is an ongoing connection.
The Contractor shall obtain and maintain Commercial General Liability insurance, with limits of not less than the amounts shown in the Required Types and Limits of Insurance Chart. Contractor shall not obtain an insurance policy wherein the policy limits are reduced by defense and claim expenses. Such insurance shall be issued on an occurrence basis and include coverage for the Contractor’s operations, independent contractors, and Subcontractors protecting itself, its employees, agents, Contractor or subsidiaries, and their employees or agents for claims for damages caused by bodily injury, property damage, or personal or advertising injury, and products liability/completed operations including what is commonly known as Coverages A and B. Such policies shall include coverage for claims by any person as a result of actions directly or indirectly related to the employment of such person or entity by the Contractor or by any of its Subcontractors arising from work or services performed under the Agreement. Policy shall include either contractual insurance or a designated contract contractual liability coverage endorsement, indicating expressly the Contractor’s Agreement to indemnify, defend and hold harmless the County as provided in the Agreement. The commercial general liability policy shall provide coverage to County when it is required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of any endorsements excluding or limiting coverage for Bodily Injury, Property Damage, Products/Completed Operations, Independent Contractors, Property of County in Contractor’s Care, Custody or Control or Property of County on which contracted operations are being performed, Explosion, Collapse or Underground hazards (XCU Coverage, Contractual Liability or Separation of Insureds.
For construction related projects, County shall be added as additional insured to Contractor's policy by both ISO Endorsements CG 20 38 (Premises & Operations) and CG 20 37 (Products & Completed Operations) or their equivalents. If County has agreed by separate contract to require Contractor to name another party as an additional insured, Contractor shall add said party as an additional insured to the commercial general liability policy by ISO Endorsement CG 20 38 and CG 20 37, or their equivalents.
For non-construction projects, Contractor shall add County as additional insured by both ISO Endorsements CG 20 10 (Premises & Operations) and CG 20 37 (Products & Completed Operations) or their equivalent. If County has agreed by separate contract to require Contractor to name another party as an additional insured, Contractor shall add said party as an additional insured to the commercial general liability policy by both ISO Endorsement CG 20 10 and CG 20 37 or their equivalents.
All commercial general liability policies shall be endorsed to provide a waiver of subrogation in favor of the County and any other party required by this Agreement to be named as an additional insured.
Contractor shall maintain garage liability insurance with ISO Coverage Code 21 (“Any Auto”) for bodily injury and property damage with limits not less than those specified in the Required Types and Limits of Insurance Chart. Policy shall include coverage for liability arising out of premises, operations, products & completed operations, independent contractors, and contractual liability. Policy shall name the County as an additional insured and provide a waiver of subrogation in favor of the County.
Once each year during the term of the Agreement, including any extension or renewal periods thereof, the awarded Respondent may, but is not obligated to, petition the Director of Purchasing and Contracts for one or more price redeterminations where such price redetermination(s) is/are necessitated by documented increases in the cost of wages, fuel, or materials. Petitions for price redeterminations shall be made within thirty (30) days of the anniversary date of the Agreement (i.e., the calendar day and month when the Agreement became effective) and only after the Agreement has been in effect for at least one year. Any such petition shall be made pursuant to the provisions of this section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this Agreement, no other price redeterminations shall be allowed. All price redeterminations, once issued, shall be prospective from the date of approval unless otherwise approved by a duly executed amendment to this Agreement.
The amount paid by the County to Contractor for Services regardless of whether stated as Compensation or stated as hourly rates, overhead rates, or other figures or formulas from which Compensation can be calculated which includes the total monies payable to Contractor, under the terms of this Agreement, for all Services, labor, materials, supplies, travel, training, profit, overhead, costs, expenses, and any other costs necessary to complete Work under the Scope of Services.
Confidential information shall constitute information which is exempt from disclosure pursuant to Chapter 119, Public Records Law, Florida Statutes (2018), Article I, Section 24 of the Florida Constitution (“Florida Public Records Law”), Chapter 812 of the Florida Statutes (2018), and any other Florida statute that may provide for an exemption or the confidentiality of certain information (hereinafter “Confidential Information”).Confidential Information and/or trade secrets do not include the following: (i) Information already known to or independently developed by the recipient; (ii) Information in the public domain through no wrongful act of the recipient; (iii) Information received by the party in possession from a third party the recipient; or (iv) Information regularly disclosed by the owner of the information to third parties without restriction on disclosure.
The awarded Respondent may petition the Director of Purchasing and Contracts for price redetermination based on the increased costs of wages, fuel, or materials. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index (ECI) or Producer Price Index (PPI), whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the Invitation to Bid (ITB) opens. The base index number for the PPI will be for the month the Invitation to Bid (ITB) opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the “base index number.” The County shall have the right to audit the awarded Respondent’s records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request.
The County of Volusia reserves the right to allow for the clarification of questionable entries and the correction of obvious mistakes. The County reserves the right to waive minor irregularities in Responses, providing such action is in the best interest of the County. Minor irregularities are defined as those that have no adverse effect on the County’s best interests, and will not affect the outcome of the selection process by giving the Respondent an advantage or benefit not enjoyed by other Respondents.
Security Officer: Throughout the term of the Contract, Contractor shall designate a Security Officer that will serve as the principal point of contact for all matters pertaining to information security and ensure compliance with the security and personnel screening requirements defined in the Contract. The County’s Security Officer, at their sole discretion based on the “need to know” principle, may bypass the project lead(s) and other Contractor personnel and communicate directly with the designated Contractor Security Officer to discuss and resolve security and privacy issues and concerns.
Background Screening to Access County Facilities: A criminal history and background check is required prior to any Contractor’s personnel entering a County facility. The County will conduct the criminal history and background check. The County reserves the right to deem any employee not acceptable. Upon award, a security clearance shall be required for all employees and contractors needing access to these facilities. To obtain this clearance, the following must be provided: full legal name, date of birth, and valid Florida Driver’s License or valid Florida Identification card. The County will provide necessary forms for supplying required information. This information must be provided two (2) weeks prior to the start of service for background checks, which will be done at the expense of the County. This information must also be provided any time during the Contract for any new employees hired to perform the work.
Contractor shall maintain garage keepers legal liability insurance with ISO Coverage Code 30 (“Autos Left for Service/Repairs/Storage”) covering physical damage and loss sustained to County vehicles while in the possession of Contractor with limits not less than those specified in the Required Types and Limits of Insurance Chart. Policy shall be written on a Direct Primary basis. Contractor shall be responsible for any deductibles under the policy. When Contractor services include towing, policy shall be endorsed to include On-Hook Towing coverage with limits equal to or greater than the value of the County vehicle or equipment to be transported.
Umbrella or Excess Liability policies may be used to obtain the total limits of liability required to meet the required limits of coverage stated in the Required Types and Limits of Insurance Chart. These policies shall be written on a follow form basis subject to the same terms, definitions, exclusions and conditions as the primary policies. Umbrella policies unable to obtain a follow form basis will be accepted if the coverage provided under the policy expands the coverage and does not create coverage gaps between the primary policy and the umbrella policy. These policies shall contain a dropdown coverage provision as well as a duty to defend. Evidence of such coverage should clearly demonstrate the underlying coverages/policies that are included.
The Contractor shall obtain an excess liability policy in addition to the scheduled underlying policies (commercial general liability, business auto liability, professional, and employers' liability) with a limit of no less than the amount shown in the Required Types and Limits of Insurance Chart. This policy shall name the County as an additional insured. If the County cannot be added as an additional insured, then policy shall be endorsed to provide additional insured status if required on the primary policy. Policy shall provide a waiver of subrogation in favor of the County.
When requesting a price redetermination based upon an increase in wage costs, the awarded Respondent shall refer to and utilize the Employment Cost Index, Total Compensation, Private Industry, Index Number and Occupational Group as prepared by the Bureau of Labor Statistics in the U.S. Department of Labor https://stats.bls.gov/data/. The base figure will be tied to Trade, transportation, and utilities under the heading Service Providing Industries. Wage price re-determination increases shall be granted only by reason of wage increases associated with the awarded Respondent’s employees or Subcontractor performing work or services pursuant to the Agreement.
Minimum Wage Price Redetermination. If the minimum wage increases during the term of the Agreement, including any renewal or extension period thereunder, the awarded Respondent may petition the Director of Purchasing and Contracts for price redetermination for those job categories where the pay to the awarded Respondent ’s employee(s) is the current minimum wage. Upon verification of the information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The awarded Respondent must increase the pay to the employee(s) by the amount the awarded Respondent has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the awarded Respondent will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The awarded Respondent must supply written documentation of any other increase that is beyond the scope and control of the awarded Respondent. All written documentation must satisfy the reasonable expectations of the Director of Purchasing and Contracts and Internal Auditor.
Example: Minimum wage increases from $7.31 to $7.56 per hour. The awarded Respondent may petition for an increase of $0.25 per hour to be paid to the affected employee(s) and shall provide written and documented cost increases for FICA, Medicare and Workers' Compensation. The resulting increase in costs shall be incorporated into fees/rates billed to the County.
If the awarded Respondent bills the County at a higher price according to any price redetermination granted by the County, and the awarded Respondent fails to increase the hourly rate paid to the employee for the same period, the awarded Respondent will be considered in Agreement default and the Agreement will be immediately terminated.
FBI CJIS Security Addendum: Contractor agrees to the provisions set forth in the FBI Criminal Justice Information Services (CJIS) Security Addendum attached hereto as FBI CJIS Security Addendum and incorporated herein as part of the awarded Contract. In accordance with this FBI CJIS Security Addendum, Contractor agrees to maintain a security program consistent with the FBI Criminal Justice Information Services (CJIS) Security Policy attached hereto as FBI CJIS Security Policy (current version).
Security Officer: Throughout the term of the Contract, Contractor shall designate a Security Officer that will serve as the principal point of contact for all matters pertaining to information security and ensure compliance with the security and personnel screening requirements defined in the Contract. The County’s Security Officer, at their sole discretion based on the “need to know” principle, may bypass the project lead(s) and other Contractor personnel and communicate directly with the designated Contractor Security Officer to discuss and resolve security and privacy issues and concerns.
Personnel Screening: It is acknowledged by Contractor that to fulfill obligations under the Contract, Contractor personnel may come in contact with business proprietary, personally identifiable, health care, sensitive and privileged law enforcement, and criminal justice information. Contractor is prohibited from divulging, disclosing, or providing access to information obtained as a result of the Contract to any entity or individual not so authorized by the County. Any misuse or unauthorized access of information is subject to administrative and criminal penalties. Contractor agrees at its expense to ensure that all of its personnel shall comply with the following requirements prior to providing the County with on-site or remote support under the Contract: Submit to level 2 background screening, pursuant to Section 435.04, Florida Statutes, performed by the County that includes a “Florida” and “national” fingerprint-based record check. Successfully complete an initial security awareness training course to start working under the Contract and annual security awareness refresher training thereafter. The security awareness training course shall be approved by the County and the Contractor shall provide written certification annually attesting that all its personnel working under this Contract have completed the required security awareness training. Receive a copy of FBI CJIS Security Addendum of the Contract and FBI CJIS Security Policy (current version) of the Contract, and execute an acknowledgement of such receipt using FBI CJIS Security Addendum Acknowledgement Form. The CJIS Security Policy CJIS Security Policy, Addendum, & Acknowledgement forms document may be found in the Key Links section of the Purchasing & Contracts page on the County of Volusia website at www.volusia.org/purchasing. The Contractor is responsible for providing signed FBI CJIS Security Addendum Acknowledgement Form(s) to the County Project Manager.
A document executed by the Contractor’s Surety indicating that it consents to the County making Final Payment to the Contractor and that the Surety agrees it shall not be relieved of any obligations under the bond to the County as a result of consenting to or the making of Final Payment.
If/when the price of fuel increases by a minimum of ten (10%) percent, the awarded Respondent may petition the Director of Purchasing and Contracts for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the awarded Respondent shall be required to petition for a fuel price redetermination decrease if/when the price of fuel decreases by a minimum of ten (10%) percent. Failure to make such petition may be grounds for Agreement termination and shall entitle the County to a refund of the cumulative increase in pay to the awarded Respondent due to any prior fuel price redetermination increase(s). Fuel price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodities “Unleaded Gasoline - WPU057104” or “#2 diesel fuel - WPU057303,” as such may be applicable to the awarded Respondent’s operations in connection with the awarded Respondent’s performance of the Agreement.
The County has no obligation to make an award as a result of this Solicitation, nor shall the County be responsible for any cost or expense which may be incurred by any Respondent in preparing and submitting a Response, or any cost or expense incurred by any Respondent prior to the execution of a Purchase Order or Contract/Agreement.
Shall mean, collectively, the Clerk of the Circuit Court of Volusia County, Volusia County Property Appraiser, Volusia Sheriff’s Office, Volusia County Supervisor of Elections, and Volusia County Tax Collector.
The Contractor shall secure and maintain during the term of the Agreement a motor vehicle liability policy with a combined single limit of no less than the amounts shown in the Required Types and Limits of Insurance Chart for bodily injury and property damage arising from the ownership, maintenance, or use of a motor vehicle. Policy shall be written with Coverage Symbol 1 (Any Auto), providing coverage for all autos operated regardless of ownership, or with Coverage Symbols 7, 8, & 9 (Scheduled, Hired, & Non-Owned vehicles). The County shall be an additional insured under this policy when required in the Required Types and Limits of Insurance Chart. If Motor Vehicle Liability is by endorsement to another policy required in the Required Types and Limits of Insurance Chart, then the limits for Motor Vehicle Liability shall be separate (they shall not be shared) and in addition to the underlying policy limits. If endorsed to another policy required in the Required Types and Limits of Insurance Chart, Motor Vehicle Policy Limits shall apply on a per occurrence basis and shall not have an aggregate limit.
The Contractor shall ensure that it secures and maintains, during the term of the Agreement, Professional Liability insurance with limits of no less than the amount shown in the Required Types and Limits of Insurance Chart in respect only to the project(s) [Risk Manager: if not project specific, do not include highlighted language] contemplated by the Agreement. Such policy shall cover all the Contractor’s or its Subcontractor’s professional liabilities whether occasioned by the Contractor or its Subcontractors, or its agents or employees. For Contractors providing Architectural and Engineering related services, policy shall be broad enough to include errors and omissions specific to Contractor’s professional liability for direct and contingent design errors and Architect’s/Engineers professional liability with no exclusions for design-build work.
If the Contractor fails to secure and maintain the professional liability insurance coverage required herein, the Contractor shall be liable to the County and agrees to indemnify, defend, and hold harmless the County against all claims, actions, losses or damages that would have been covered by such insurance. The County shall be an additional insured under this policy when required in the Required Types and Limits of Insurance Chart.
In accordance with County of Volusia Code of Ordinances Sec. 2-269, the county shall follow all federal and state requirements regarding Disadvantaged Business Enterprises (DBE) for the award of contracts per stated grant provisions as required. The county continues to encourage DBE through outreach and self-certification.
At the anniversary date of the Agreement, the awarded Respondent may petition the Director of Purchasing and Contracts for a materials price redetermination. As a condition of petitioning for a materials price increase, the awarded Respondent shall be required to petition for a materials price redetermination decrease if/when the price of materials used by the awarded Respondent in connection with the Agreement decreases. Failure to make such petition may be grounds for Agreement termination and shall entitle the County to a refund of the cumulative increase in pay to the awarded Respondent due to any prior materials price redetermination increase(s). Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity “Household and institutional pesticides and chemicals – WPU06530108", as published by the Bureau of Labor Statistics.
A person or entity selected by the County to perform Work under a separate written Contract with the County to perform consulting Work on the Project related to project administration supplemental to that performed directly by the County Engineer and County staff. In the event there is no CEI or A/E on the Project, but a task is reference in the Contract Documents as being performed by the CEI or A/E, then it shall be agreed that the term “County” or “Engineer,” shall be substituted.
Means all labor, services, and materials provided in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. The term "construction services" does not include Contracts or work performed for the Department of Transportation.
All Price Redeterminations shall be calculated as follows:
Example: awarded Respondent indicated on the Submittal Form that thirty percent (30%) of the cost to provide the product/service is directly attributed to the redetermination category (wages, fuel, or materials).
| Current applicable PPI | $200.50 |
| Base index PPI | -$179.20 |
| PPI increase dollars | $21.30 |
| PPI increase percentage ($21.30 / $179.20 = .1189) | 11.9% |
| Unit cost of the service is | $100.00 |
| 30% of $100.00 is directly attributed to the redetermination category | $30.00 |
| $30.00 × 11.9% | $3.57 |
| New unit price for the product/service is ($100 + $3.57) | $103.57 |
The County Council has established a policy to encourage participation of local businesses in the provision of goods and services. The County will endeavor to assist local businesses to achieve this goal.
Effective January 1, 2012, Volusia County adopted a local preference ordinance. A Respondent or prime Contractor which has a documented permanent location at least six (6) months prior to the Solicitation closing as stated in Volusia County Ordinance 2-269.5 in Brevard, Lake, Orange, Osceola, Seminole or Volusia County (“Local”), shall be granted a preference of three percent (3%) of the total Solicitation price or quote. A Respondent which is a prime Contractor and is utilizing Subcontractors, and the Solicitation price or quote of the work to be performed by all Subcontractors, that qualify as a local business, constitutes fifty-one percent (51%) or greater of the total Work to be performed through subcontracting, a two percent (2%) preference will apply. In the event that a prime Contractor qualifies for a preference and Subcontractor qualifies for a preference, the preference shall not exceed a total of five percent (5%). Preference shall not be given to Responses where the difference of the total Response price or quote exceeds twenty-five thousand dollars ($25,000.00) from the nearest competing Solicitation price or quote for that solicitation or if a county listed in 2-269.5 does not reciprocate, as stated in 2-269.5, the County will not offer a preference to this County.
This section does not apply to any purchase that is funded, in whole or in part, by an entity prohibiting local preference by grant agreement or applicable federal, state, or local law. Solicitations for emergency purchases subject to Section 2‑275 of the Code are additionally exempt. All Respondents, including prime Contractor and Subcontractors, awarded an Agreement as a part of this process must maintain its status as a local business through the term of the Agreement. Any Respondent, including prime Contractor and Subcontractors, awarded an Agreement as a result of this preference will be required to post any job openings for this project with agencies or organizations that may be identified by the purchasing director. Noncompliance with the requirements of this section will be deemed as a material breach and may be subject to Agreement termination or disqualification from bidding on future projects.
Contractor shall provide and maintain during the term of this Agreement an installation floater to cover damage to or destruction to renovations, repairs or equipment being installed and/or otherwise being handled or stored. Contractor shall purchase Installation Floater on a “Special Form” (All-Risk) policy, and shall also include coverage for wind, hail, and named storm when required in the Required Types and Limits of Insurance Chart. For projects within a Federal Emergency Management Agency (FEMA) designated Special Flood Hazard Area as defined at https://www.fema.gov, Flood insurance shall be purchased. Installation Floater shall be for the full replacement cost of the Project, including periodic increases or decreases in values resulting from change orders. If Installation Floater is subject to additional premium due to change orders or project term extensions authorized by County, County will reimburse the actual cost of the additional premium without markup. Contractor shall submit reimbursement request with proof of additional premium payment with a copy of the applicable endorsement to the Installation Floater policy if written on a declared-project basis or a copy Accord Evidence of Property Insurance if the policy is on a reporting form basis. If necessary, the County’s Risk Manager will have to determine if the Change order causes an increase in premiums if additional cost is incurred. Coverage shall not cease until Final Acceptance. Policy shall be written on an All-Risk basis. Policy shall also include wind, hail and named storm coverage, off-site storage, and transit. The minimum protection afforded under said installation floater shall be the full replacement cost of the construction of the Project. The County shall be an additional named insured and Loss payee under this policy. The policy shall contain a waiver of subrogation in favor of all insured parties. Contractor shall provide County with an Accord Evidence of Property Form evidencing the maintenance of the policy and providing that the insurer shall notify the County thirty days prior to the cancelation of the policy.
If the County and the awarded Respondent cannot agree to a price redetermination pursuant to the terms and conditions of this section, then the Agreement will automatically expire without penalty or further expense to either party after a period of six (6) months following the awarded Respondent’s initial request for such price redetermination. Requests for price redeterminations not made in accordance with the provisions of this section shall be deemed null and void and shall not be a valid reason or pretext for expiration or termination of the Agreement. If the Agreement expires pursuant to the terms and conditions of this section, the County reserves the right, at no expense, penalty, or consequence to the County, to award any remaining tasks thereunder to the next available most responsive and responsible Respondent.
Unless otherwise specified prices offered shall:
The person with education and/or experience which uniquely qualifies him or her to perform a specialized service for the County.
Contractor shall purchase coverage for liability caused by pollution conditions arising out of the operations of Contractor. If Agreement involves the use, storage, removal, or remediation of naturally occurring hazardous substances (including, but not limited to, mold, asbestos, lead, mercury, arsenic, radon, silica, pyrite), the policy shall be endorsed to remove any exclusion(s) for the substance. The County shall be named as additional insured. Coverage shall apply to bodily injury, sickness, disease, mental anguish or shock, including death and medical monitoring; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including costs and expenses incurred in the investigation, defense, or settlement of claims. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location and include Non-owned Disposal Site coverage for specified sites (by endorsement) if Agreement is disposing of waste. All activities contemplated in the Agreement shall be specifically scheduled on the policy as “covered operations”. Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural conditions(s) are released or dispersed as a result of the performance of Covered Operations. Policy shall include a severability of interest or separation of insured provision (no insured vs. insured exclusion) and a provision that coverage is primary and non contributory with any other coverage or self-insurance maintained by the County. County shall be listed as an additional insured on the policy. (Risk Manager may require a project or site specific policy limit and may require the County to be an Additional Named Insured.)
Those services within the Scope of Work of this Solicitation that are in an advisory nature to support policy development, decision-making, administration, or management of the government; normally provided by persons and/or organizations considered to have prerequisite knowledge or special abilities not generally available in the government.
The document resulting from this solicitation between the County and the awarded Respondent, including this Solicitation, and the awarded Respondent’s response along with any written addenda and other written documents, which are expressly incorporated by reference. The sum of all legal rights and obligations between the Contractor and the County as defined by the Contract Documents and applicable law. May be used interchangeably with Agreement.
Contractor shall purchase coverage for liability caused by pollution conditions arising out of the operations of Contractor and its subcontractors. The County shall be named as additional insured. Coverage shall apply to bodily injury, sickness, disease, mental anguish or shock, including death and medical monitoring; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including costs and expenses incurred in the investigation, defense, or settlement of claims. The policy shall provide coverage for loading, transporting, and unloading from the project site to the final disposal location. Policy shall include Non owned Disposal Site coverage by endorsement. All activities contemplated in the Agreement shall be specifically scheduled on the policy as “covered operations”. Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered. Policy shall include a severability of interest or separation of insured provision (no insured vs. insured exclusion) and be endorsed to be primary and non-contributory with any other coverage or self-insurance maintained by the County. Should Contractor’s policy or endorsement providing transportation pollution liability be modified to exclude or reduce the coverage required herein, Contractor shall promptly notify County and provide such coverage under another policy or form with the County included as an additional insured.
A Response may be withdrawn i) prior to the Solicitation opening via the County's eProcurement Portal or ii) after one hundred twenty (120) days from Solicitation opening. In the second instance (‘ii’), this only applies to Respondents notified by the County in letter form that their Response will not be accepted.
The Contractor shall obtain and maintain a pollution liability insurance policy with a limit of liability of no less than the amount(s) shown above on a per occurrence/aggregate basis for any work or services performed under the Agreement including but not limited to environmental/pollution related services, testing, design, consulting, analysis, other consulting work (whether self-performed or subcontracted), discharge, dispersal, release, seepage, migration or escape of smoke, vapors, soot fumes, acids, alkalis, toxic chemicals, liquid or gasses, waste materials, irritants, contaminants, pollutants into or upon land, atmosphere or any watercourse or body of water (including groundwater at or under or emanating arising from work or services performed under the Agreement) and for all above-ground storage tanks, in-ground storage tanks, and other potentially hazardous materials. Policy shall insure for the Contractor’s liability for bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death, property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arise from Contractor’s operation, and environmental damage resulting from sudden accidental and gradual pollution and related cleanup costs incurred by the Contractor. If Agreement involves the use, storage, removal, or remediation of naturally occurring hazardous substances (including, but not limited to: mold, asbestos, lead, mercury, arsenic, radon, silica, pyrite), the policy shall be endorsed to remove any exclusion(s) for the substance. The County shall be named as additional insured. (Risk Manager may require a project or site specific policy limit and may require the County to be an Additional Named Insured depending on the scope of work or services.)
If state funding is being used to pay for this public works project, pursuant to Fla. Stat. § 255.0993 (2)(a). Contractor shall use U.S. produced iron or steel for the project if permanently incorporated iron or steel is required for the project. However, Contractor shall notify the County if Contractor believes any exemptions in Fla. Stat. § 255.0993 (2)(b) may apply.
The Contractor shall secure and maintain a crime or fidelity insurance policy with a limit of not less than the amounts shown in the Required Types and Limits of Insurance Chart during the term of the Agreement. This policy shall cover employee-related theft, crime, and dishonesty exposures involving the Contractor's personnel assigned to work in the County for the same limits. Policy shall be endorsed with Insurance Services Office (ISO) Form CR 04 01 (Client’s Property), or its equivalent, to extend coverage to County property arising from loss due to Contractor’s employees. The policy shall name the County as joint loss payee to the extent of the County’s interests.
The Director of Purchasing and Contracts or designee shall serve as Contract Administrator. The Contract Administrator shall be responsible for addressing any concerns within the scope of the Contract. Any changes to the resulting Contract shall be done in writing and authorized by the Director of Purchasing and Contracts.
In the case of unit price items, the quantities of Work to be done and materials to be furnished under this Contract in the pricing section are to be considered as approximate only and are to be used solely for the comparison of Responses received. The County and/or its Engineer do not expressly or by implication represent that the actual quantities involved will correspond exactly therewith; nor shall the Respondent plead misunderstanding or deception because of such estimate or quantities or of the character, location, or other conditions pertaining to the Work. Payment to the Contractor will be made only for the actual quantities of Work performed or material furnished in accordance with the drawings and other Contract documents, and it is understood that the quantities may be increased or diminished as provided in the general conditions without in any way invalidating any of the unit or lump sum prices.
The Contractor shall secure and maintain during the term of the Agreement data privacy and network security liability insurance, with a limit of not less than the amounts shown in the Required Types and Limits of Insurance Chart with an aggregate limit and per occurrence basis, with coverage for (a) data breaches by the Contractor or anyone causing the loss of use of electronic data; loss of personally identifiable information or County confidential information; violations of privacy regulations associated with the control and use of personally identifiable financial, medical or other sensitive information including but not limited to HITECH; HIPPA; Gramm-Leach Bliley Act of 1999; Florida Breach of Security Act (Section 817.5681, Florida Statutes (2012); the Federal Trade Commission Act (15 U.S.C. 45(a)); violations of the identity Red Flags under the Fair and Accurate Credit Transactions Act of 2003; (c) violations of any state, federal or foreign identity theft or privacy protection, notification and credit monitoring statutes (including any amendments thereto); (d) online defamation, advertising, libel, and slander-related exposures as well as emerging Web 2.0 liabilities created by casual users of third parties accessing Contractor’s web site(s) or computer systems through eMedia and the Internet; (e) network security breaches for failure of security measures to prevent a denial of service, unauthorized access, theft of electronic data, and inadvertent transmission of a virus or other malicious code; (f) infringement of intellectual property rights (e.g., patent, copyright, or trademark) in any telecommunications medium (e.g., cell phones, modems, text, videos, images, blogs, etc.) which result in a loss of County revenue or expense to the County due to a covered network outage or computer system loss; (f) cyber investigation expense incurred to investigate a data privacy or network security wrongful act; and, (g) cyber extortion for expenses incurred in the event of an extortion threat to cause a data privacy or network security wrongful act.
The Contract Documents comprise the entire written Contract between the County and the Contractor, including all exhibits.
The Respondent shall be prepared to submit a financial statement upon request, preferably a certified audit, but a third party prepared financial statement and the latest Dun & Bradstreet report will be accepted.
Due to the nature of the services to be provided and the potential impact to the County for loss, the awarded Respondent cannot disclaim consequential or special damages related to the performance of this Agreement. The awarded Respondent shall be responsible and accountable for any and all damages, directly or indirectly, caused by the actions or inaction of its employees, staff, or Subcontractor. There are no limitations to this liability. This section does not apply to the extent precluded or prohibited by applicable law.
The FOB point for this Agreement and for all purchases made under it shall be the destination specified by the requesting division, in Volusia County, Florida. Delivery will not be complete until the requesting division has accepted each item. Delivery to a common carrier shall not constitute delivery to Volusia County. All disputes shall be between the Contractor and the carrier.
The official approved drawings or plans or exact reproductions thereof, which have been prepared and signed and sealed by an Engineer on behalf of the County and shall be utilized by the Contractor, which show the location, character, dimensions and details of the Work to be done and which are considered as part of the Contract Documents, including, but not necessarily limited to those Contract Plans enumerated in the construction Contract.
COMPLIANCE WITH REGULATIONS: Contractor(s) must be in compliance with applicable Federal Transit Administration (FTA) regulations as indicated in the FTA Master Agreement and Best Practices Procurement.
Contractor(s) shall provide all requested information for State and Federal Reporting requirements in a timely manner. These documents can be found on the Internet at: FTA Master Agreement
Best Practices Procurement & Lessons Learned Manual
Fill out and submit the FTA Clauses, if included as part of the Solicitation documents,
The Contractor shall secure and maintain during the term of the Agreement, with a limit of not less than that required the Required Types and Limits of Insurance Chart, a Technology Errors & Omissions policy. Policy shall include coverage for technology services and technology products. Policy shall include coverage for failure of electronic and software products to perform the function or serve the purpose intended after installation and testing. Policy shall include coverage to replace or restore County electronic data lost from any cause whatsoever (including but not limited to a computer virus, malware, or breach of network security or loss of use, reduction in functionality or damage, destruction, distortion, erasure, corruption or alteration of electronic data) arising from Contractor’s services under the Agreement, whether occasioned by the Contractor or its Subcontractors, or their agents or employees including any cost or expense of whatsoever nature resulting there from.
If the Contractor fails to secure and maintain the liability insurance coverage required herein, the Contractor shall be liable to the County and agrees to indemnify, defend, and hold harmless the County against all claims, actions, losses or damages that would have been covered by such insurance.
NOTE: Coverage for loss of electronic data can be incorporated with insurance coverage in Cyber Insurance or Computer Software and Services Errors and Omissions Liability.
Contractor shall purchase and maintain liability insurance coverage for each vessel utilized in performance of the Agreement. Coverage shall be included for loss of life, bodily injury and sickness, property damage, wreck removal and salvage costs, cleanup costs, collision liability, and damage to piers, docks, jetties, and other fixed or floating objects. Wreck Removal and Salvage Coverage shall not be sub-limited. Policy shall have a Navigation Warranty that includes the project area of operation. County shall be named as an additional insured under this policy. Policy shall be primary to and non-contributory with any insurance or self-insurance maintained by the County and shall include a waiver of subrogation in favor of the County.
Unless otherwise stated in the Special Terms and Conditions section, the County will remit full payment on all undisputed invoices for goods and services other than Construction Services within forty‑five (45) days from receipt by the appropriate person(s) (to be designated at time of Agreement) of the correct invoice(s) or receipt of all products or services ordered in accordance with F.S.S. 218.74. For Construction Services the County will remit full payment on all undisputed invoices within twenty (20) to twenty-five (25) days in accordance with F.S.S. 218.735.
The total monies payable to the Contractor as consideration for completion of the Work in accordance with the Contract Documents
Contractor shall purchase coverage for spills and threats of spills from vessels. This includes, but is not limited to clean up obligations mandated by local and national laws, orders, rules and regulations; as well as clean-up, third party property damage, subsistence, assessment of and damage to natural resources, loss of revenues and profits by third parties, loss of public services, defense, investigation, advertising, civil penalties, criminal fines and defense and interest. County shall be named as an additional insured under this policy.
The Contractor may petition the County at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a prudent operator and which, by all reasonable expectations, will continue for at least one (1) year. If the Contractor petitions for such an increase, the Contractor shall also petition for a rate reduction on the basis of extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a prudent operator and which, by all reasonable expectations, will continue for at least one (1) year; failure to make such petition may be grounds for Agreement termination.
The Contractor’s request shall contain substantial proof and justification to support the need for the rate adjustment. The County may request from the Contractor, and the Contractor shall provide, such further information as may be reasonably necessary in making its determination. The County shall approve or deny the request, in whole or in part, within sixty (60) Days of receipt of the request and all other additional information required by the County. Any price redetermination shall be solely based upon the documentation provided and the County reserves the right to rescind any price relief granted should the circumstances change and prices go down.
The total monies payable to the Contractor as consideration for completion of the Work in accordance with the Contract Documents.
The County of Volusia reserves the right to reject offers containing terms or conditions contradictory to those requested in this Solicitation.
Contractor shall purchase and maintain coverage for Bodily Injury and Property Damage Liability Excluding Chemical Liability and be written on a combined single limit per occurrence basis in the amount required in the Required Types and Limits of Insurance Chart. This sublimit of the policy shall provide coverage for third party liability claims for damages due to bodily injury and property damage resulting from the ownership, maintenance, or use of your aircraft. Policy shall provide coverage for Chemical Combined Bodily Injury and Property Damage Liability and be written on a combined single limit per occurrence basis in the amount required in the Required Types and Limits of Insurance Chart. This sublimit of the policy shall provide coverage for third party liability claims for damages due to bodily injury and property damage caused by agricultural seeds, fertilizers, fungicides, insecticides and chemicals sprayed or emitted in the process of aerial application by your aircraft. Policy shall include the foregoing liability coverages for the temporary use of substitute aircraft while an aircraft owned by you is withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction while temporarily used as a substitute. County shall be named as an additional insured under both the Bodily Injury and Property Damage Liability Excluding Chemical Liability and Chemical Combined Bodily Injury and Property Damage Liability coverages. Policy limits shall not be reduced by defense costs. Policy shall be endorsed to be primary and non-contributory with any insurance maintained by or available to the County and shall include a waiver of subrogation in favor of the County.
The number of consecutive days, as stated in the construction Contract, during which the Contractor shall perform the Work.
This Agreement and the products/services provided may be utilized in the event of declared State/Federal Emergency, and awarded Respondent(s) shall comply with the applicable sections of the Federal Contract Provisions as exhibited with this Solicitation.
Any insurance required may be provided by primary and excess insurance policies.
That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that has submitted a Response for the purpose of obtaining business with the County and awarded an Agreement/Contract to provide the product and/or services set forth herein.
In the event goods or services are provided under this Agreement for emergency response for a natural emergency, if Contractor breaches this Agreement during an emergency recovery period Contractor shall pay a $5,000 penalty as well as damages, which may be either actual and consequential damages. As used in this provision, the term “emergency recovery period” means a 1-year period that begins on the date that the Governor initially declared a state of emergency for a natural emergency.
County is exempt from Manufacturers’ Federal Excise Tax (Exemption# 49-6000-885) and Florida sales tax (Exemption# 85- 8012622393C-9). Certificates are available at www.volusia.org/purchasing. After accessing the foregoing website, select, “Doing Business with Volusia County” and “Consumer Certificate of Exemption” from the available menu screens to see a copy of the certificates.
Time is of the essence for this project. Any delays from the dates contained in the Agreement issued to the awarded Respondent shall inconvenience the Public and result in monetary losses and damages to the County. The losses and damages shall be difficult to determine. In the event that the deliverables are not provided by the date set in the resulting Agreement, there shall be deducted, as agreed, fixed liquidated damages from the Agreement price being paid by the County of Volusia. This computed sum shall be N/A, including Saturdays and Sundays. Such sums are hereby agreed to be reasonable predictions of damages, which will be sustained and are specifically declared to not constitute a penalty for breach of contract.
The entity identified in the construction Contract and referred to throughout the Contract Documents as if singular in number. The Contractor shall designate in writing a representative(s) who shall have the express authority to bind the Contractor with respect to all matters under the Contract. The “Contractor” means the Contractor or its authorized representative(s).
All discounts except those for prompt payment shall be considered in determining the lowest net cost for evaluation purposes. All discounts shall remain firm for the term of the Agreement.
Fill in with Company/Vendor Name Here
A Submittal Bond in the amount of TBD dollars, payable to the County of Volusia, is required for this Invitation to Bid (ITB). The Bid bond can be in the form of a bond, cashier’s check or irrevocable letter of credit (ILOC). The bond shall be issued by an agency authorized to do business in the State of Florida and with a rating of "A" or higher as listed in the A.M. Best & Company latest published rating guide. The County provided form shall be used if the bond is issued. The bond, cashier’s check or ILOC shall not expire until the Agreement is awarded and shall guarantee that (1) a Respondent shall not withdraw its Response after the closing time and date of this Invitation to Bid (ITB), or (2) the awarded Respondent shall promptly execute an Agreement and deliver any required specifications required by the County prior to start-up of the Agreement. The bond, cashier’s check or ILOC will be invoked by the County to ensure payment of the Repondent of damages incurred by withdrawal of a Bid, or failure to enter into an Agreement after award. Submittal bonds, without interest, will be returned upon receipt of appropriate insurance documents and/or a Performance Bond, if applicable.
The specifications listed in the Scope of Work are the minimum required performance specifications for this Solicitation; they are not intended to limit competition nor specify any particular Respondent, but to ensure that the County receives quality services. The Respondent represents that all offers to this Solicitation shall meet or exceed the minimum requirements specified.
A Bid bond shall accompany each Bid in an amount not less than five percent (5%) of the Bid amount and shall be valid for a period not less than one hundred twenty (120) days. The Bid bond can be in the form of a bond, cashier’s check or irrevocable letter of credit (ILOC). The bond shall be issued by an agency authorized to do business in the State of Florida and with a rating of "A" or higher as listed in the A.M. Best & Company latest published rating guide. If a Bid bond is used, the Respondent shall complete and submit the Bid bond form provided in this solicitation. The bond, cashier’s check or ILOC shall not expire until the Agreement is awarded and shall guarantee that (1) a Respondent shall not withdraw its Response after the closing time and date of this Invitation to Bid (ITB), or (2) the awarded Respondent shall promptly execute an Agreement and deliver any required specifications required by the County prior to start-up of the Agreement. The bond, cashier’s check or ILOC will be invoked by the County to ensure payment of the Respondent of damages incurred by withdrawal of a Bid, or failure to enter into an Agreement after award. After the County and the successful Respondent have executed a written Contract and the successful Respondent has recorded an acceptable Payment and Performance Bond or if one hundred twenty (120) days have passed after the date of the formal opening of the Bids and no Contract has been awarded, the Bid security of any Respondent will be returned upon written demand.
Rental Contractor(s) agree to purchase such insurance, as they consider necessary to protect their equipment from damage or destruction during the term of this Agreement for rental of equipment. Rental Contractor(s) also agree that the County shall have no obligation for payment of damages of any nature to equipment provided with or without an operator unless clear and convincing evidence demonstrates that gross negligence of either the County or its employees acting within the scope of their employment was the direct cause of such damage or destruction.
Rental Contractor(s) further understand and agree that no employee of the County other than the Director of Purchasing and Contracts is authorized to sign any rental or other agreement that contains terms and conditions other than those contained in this Solicitation, and that any signature of a County employee other than the Director of Purchasing and Contracts shall be interpreted as the County’s acknowledgement of delivery only.
The Project Manager has responsibility for administering this Agreement for the successful Respondent(s) and will be designated prior to the issue of the resulting Master Agreement or Purchase Order.
If items requested by this Solicitation have been identified in the specifications by a Brand Name “OR EQUAL” description, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of products that will be acceptable. Offers proposing “equal” products will be considered for award if such products are clearly identified in the offer and are determined by the County to meet fully the salient characteristic requirements listed in the specifications.
Unless the Respondent clearly indicates in his/her offer that he/she is proposing an “equal” product, the offer shall be considered as offering the same brand name product referenced in the specifications.
If the Respondent proposes to furnish an “equal” product, the brand name of the product to be furnished shall be clearly identified. The evaluation of offers and the determination as to equality of the product offered shall be the responsibility of the County and will be based on information furnished by the Respondent. The Purchasing and Contracts Division is not responsible for locating or securing any information which is not identified in the response and reasonably available to the Purchasing and Contracts Division. To ensure that sufficient information is available the Respondent shall furnish as part of the response all descriptive material necessary for the Purchasing and Contracts Division to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the Respondent proposes to furnish and what the County would be binding itself to purchase by making an award.
Provide Proof of Insurance - evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Upon award, final forms must contain the correct Solicitation and/or project number and Volusia County contact person.
Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall submit a copy of the notice with the response.
Prior to proposing any substitute material, product, item, or service, the Respondent shall satisfy itself that the material, product, item or Service proposed is, in fact, equal to that specified, that such material, product, item, or service affords comparable ease of operations, maintenance and service, that the appearance, longevity and that by reason of cost savings, reduced construction time, or similar demonstrable benefit, the substitution of such material, product, item or service will be in County’s interest.
The burden of proof of equality of a proposed substitution for a specified material, product, item or service shall be upon Respondent. The Respondent shall support its request with sufficient test data and other documents to permit County to make a fair and equitable decision on the merits of the proposal. Respondent shall submit drawings, samples, data, certificates and any other pertinent documentation for proposed substitute materials. Any material, product, item or service by a manufacturer other than those specified, or of brand name or model number, or of generic species other than those specified, will be considered a substitution. County will be the sole judge of whether or not the substitution is equal in quality, utility and economy to that specified.
Approval of a substitution shall not relieve the Respondent from responsibility for compliance with all requirements of the Contract. Respondent shall bear the expense for any changes in other parts of the Work caused by a substitution. Substitute materials or service proposed as substitutions for specified items shall be supported by certification of their approval for use by any or all governmental agencies having jurisdiction over use of the specified material or method. Substitutions may not be permitted in those instances where the product is intended to accommodate artistic design, specific function or economy of maintenance.
Should the Respondent wish to use any material, product, item or service other than those specified by brand or trade name, they shall, within fourteen (14) calendar days prior to the closing submit through OpenGov a request for substitution accompanied by all data necessary for the County to determine whether the requested substitution is equal to the specified material, product, item or service. If the Respondent fails to submit the written request within the specified time, no substitutions will be allowed. The submission of a request to substitute a material, product, item or service incurs no obligation on the part of the County to accept such substitute or on the part of the County to construe such substitute to be an equal to that specified. The County will have a reasonable amount of time to review request for substitution. Should the substitute be acceptable to the County, an authorization will be posted in OpenGov allowing the provision of the substitute material, product, item or service. No substitute will be allowed which will increase the Contract amount. Equivalent material, product, item or service may be subject to performance testing.
The individual responsible for the day-to-day administration of the Project for the Contractor who shall have authority to act on behalf of and bind the Contractor in matters pertaining to the Project unless otherwise expressed in writing by the Contractor.
Attorneys-in-Fact who sign Bid bonds or Contract bonds shall submit with the bonds a certified copy of his/her Power of Attorney.
When required, samples of products shall be furnished with Response to the County at no charge. Samples may be tested and will not be returned to the Respondent. The result of any and all testing shall be made available upon written request.
Failure of the Respondent to execute a Contract as provided herein within five (5) business days following receipt of the contract for execution may be just cause for the annulment of the award and the forfeiture of the Bid security to the County, which forfeiture shall be considered not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsive and responsible bidder or all Bids may be rejected.
A document or language within a document such as an Application for Progress Payment or application for Final Payment wherein the Contractor agrees to release and discharge County and the CEI or A/E from all claims and demands related to a designated portion of the Work, except any claims for retainage or disputed claims, upon receipt of payment from the County.
The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement.
The sum of all costs necessarily incurred and paid by the Contractor in the proper performance of the Work.
All Surety companies furnishing Bid, performance, payment, or other types of bonds shall meet the following requirements:
Shall mean the County of Volusia (a body corporate and politic and a subdivision of the State of Florida) including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status.
The County Engineer is the employee of the County who shall have the express authority to bind the County with respect to all matters requiring the County’s approval or authorization. Phrases, such as “by the County” or “to the County,” refer to the County Engineer or his delegate, which may include the County Project Manager or CEI or A/E. No person shall be presumed to have authority to bind the County to Modifications that change the Contract Sum or Contract Time without express written consent of the County Engineer. In some instances the County Engineer may be required by County ordinance or policy to request the approval of the County Manager or County Council to effectuate changes in Contract Sum, Contract Time or significant changes in Scope of Work.
This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without giving effect to the choice of law principles thereof. Jurisdiction over and venue for any controversies or legal issues arising out of this Agreement shall, if in state court, be exclusively in the 7th Judicial Circuit in and for Volusia County, Florida, or, if in federal court, in the Middle District of Florida, Orlando Division. By entering into this Agreement, Contractor and County hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Agreement, and, unless otherwise expressly provided herein, each agrees to bear its own costs and attorneys' fees relating to any dispute arising under this Agreement.
The County employee or authorized representative of the CEI or A/E who is assigned to the Project and is responsible for the day-to-day administration of the Project for the County. The County may change the County Project Manager at any time by providing notice to the Contractor.
Contractor may not assign or otherwise convey Contractor’s rights and/or obligations under this Agreement without obtaining County’s prior written consent, which consent County may withhold, limit and/or condition in County’s sole discretion, including, but not limited to, requiring the Contractor or his/her proposed successor in interest to post a performance bond. Any consent by the County under this Section shall be by written agreement in a form and substance specified by the County in its sole discretion; the County Manager may execute such agreement on behalf of the County. If Contractor desires to assign or otherwise convey its rights and/or obligations under this Agreement, Contractor shall no less than thirty (30) days prior to the assignment’s proposed effective date, provide County with a written request for County’s consent. Failure to provide such notice may result in the County assessing a processing fee of Five Hundred Dollars (US $500.00); however, payment of such fee shall not entitle the Contractor to the County’s acceptance or approval of its request for assignment.
Nothing herein shall preclude the right of the County to waive its rights under this Section but no waiver shall be granted by the County without a written and duly executed amendment to the Agreement.
The County will appoint a committee consisting of County staff to evaluate the proposals and to make a recommendation to the County Council. The County will be the sole judge of its own best interests, the proposals, and the resulting Contract, if any. The County’s decisions will be final. Award will be made to the proposal(s), which presents the best value to the County based on the entire evaluation process and all the information gathered. The County may require the short-listed firm(s), if applicable, to do an oral presentation or have discussions by the proposed team relative to their specific experience on similar projects. The selection process shall be in accordance to CCNA process.
Note: Respondents are prohibited from contacting any of the committee members, other than the Procurement Analyst, prior to the recommendation of award from the committee.
The contents of this Solicitation, all terms, conditions, specifications, and requirements included herein and the accepted and awarded response thereto may be incorporated into an Agreement to purchase and become legally binding. Any terms, conditions, specifications, and/or requirements specific to the item or Service requested in this Solicitation shall supersede the requirements as specified in the General Terms and Conditions and/or Special Terms and Conditions section(s) of this Solicitation.
The County will appoint a committee consisting of County staff to evaluate the proposals and to make recommendation to the County Council. The County will be the sole judge of its own best interests, the proposals, and the resulting Contract, if any. The County’s decisions will be final. Award will be made to the proposal(s), which presents the best value to the County based on the entire evaluation process and all the information gathered.
Note: Respondents are prohibited from contacting any of the committee members, other than the Procurement Analyst, prior to the recommendation of award from the committee.
The Project Manager(s) have responsibility for the day-to-day administration of the resulting Agreement for the County and will be designated prior to award of the resulting Master Agreement or Purchase Order.
The word “day” means each calendar day or accumulation of calendar days.
The contents of this Solicitation and all provisions of the successful proposal deemed pertinent by the County may be, at the sole discretion of the County, incorporated into an Agreement and become legally binding on the selected Respondent. The content of the Agreement may contain changes as a result of the Solicitation process and the content of the submittal received. The Contract shall, at minimum, include the substantive terms and conditions as outlined in the Solicitation and be subject to review by the County attorney or designee prior to approval and execution for determination of legal form and substantive sufficiency, and may contain those additional terms and conditions that the County deems in its best interest.
1. The County of Volusia, at its sole discretion, may ask individual Respondents to make oral presentations and/or demonstrations without charge to the County.
2. The County reserves the right to require any Respondent to demonstrate to the satisfaction of the County that the Respondent has the fiscal and managerial abilities to properly furnish the services proposed and required to fulfill the requirements of the RSQ. The demonstration must satisfy the County and the County shall be the sole judge of compliance.
3. Respondents are cautioned not to assume that presentations will be required and should include all pertinent and required information in their original proposal package.
All material submitted becomes the property of the County and may be returned only at the County's option. The County has the right to use any or all ideas presented in any reply to this Solicitation. Selection or rejection of any Response does not affect this right. The County of Volusia, Florida, is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.).
The products or services provided by the Contractor pursuant to the Scope of Services for this Agreement, which may include but be not limited to: other services, reports, written documentation, training, systems, or processes.
The County reserves the right to accept or reject any or all proposals received as a result of this Solicitation, or to negotiate separately with competing Respondents, and to waive any informalities, defects, or irregularities in any proposal, or to accept that proposal or proposals, which in the judgment of the proper officials, is in the best interest of the County.
Any Proposal in response to this RSQ shall be valid through October 31, 2026. At the end of this time the proposal may be withdrawn at the written request of the Respondent if no award has been made. If the Proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled regardless of the status of the proposal bond. The County reserves the right to request an extension of the proposals if a Contract has not been executed by October 31, 2026.
The Director of Purchasing and Contracts for the County of Volusia, Florida.
The Contractor shall indemnify, defend, and hold harmless the County including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status and the State of Florida, including its officers and employees, from and against all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor or its Subcontractors, agents, employees, or any persons employed or utilized by the Contractor in the performance of the Contractor’s obligations or Services under this Agreement. Such obligations or Services shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exhaust as to a party or person described in this Agreement.
In all claims against the County, Contractor’s indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or any benefits payable by or for Contractor, or its employees, agents, contractors, or subcontractors.
Indemnification for grant funded projects. For any agreements that are funded or may in future be funded by Federal Emergency Management Agency (FEMA) Public Assistance grants or other Federal or State grants or program, the following shall apply: Contractor shall indemnify, defend and hold harmless the Florida Department of Emergency Management, its employees and/or their contractors (FDEM) and the government of the United States, its employees and/or their contractors (US), from and against all claims, damages, losses, and expenses, including, but not limited to, attorney’s fees arising out of, resulting from, or incident to Contractor’s performance of its obligations in whole or part of this Agreement, unless such injury or damage is occasioned solely by the fault, negligence, or willful misconduct of the FDEM, or US.
In all claims against FDEM or US, Contractor’s indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or any benefits payable by or for Contractor, or its employees, agents, contractors, or subcontractors.
The Contractor shall indemnify and hold harmless the County including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status and the State of Florida, including its officers and employees, from and against all liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor or its Subcontractors, agents, employees, or any persons employed or utilized by the Contractor in the performance of the Contractor’s obligations or services under this Agreement. Such obligations or services shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exhaust as to a party or person described in this Agreement.
In all claims against the County, Contractor’s indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or any benefits payable by or for Contractor, or its employees, agents, contractors, or subcontractors.
Indemnification for Grant Funded Projects. For any agreements that are funded or may in future be funded by Federal Emergency Management Agency (FEMA) Public Assistance grants or other Federal or State grants or program, the following shall apply: Contractor shall indemnify and hold harmless the Florida Department of Emergency Management, its employees and/or their contractors (FDEM) and the government of the United States, its employees and/or their contractors (US), from and against all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees arising out of, resulting from, or incident to Contractor’s performance of its obligations in whole or part of this Agreement, unless such injury or damage is occasioned solely by the fault, negligence, or willful misconduct of the FDEM, or US.
In all claims against FDEM or US, Contractor’s indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or any benefits payable by or for Contractor, or its employees, agents, contractors, or Subcontractors.
If this Agreement is a construction or professional services contract governed by the restrictions on indemnification as set forth in §725.06 or §725.08, Florida Statutes, then any and all indemnification provisions contained within this solicitation and resulting Agreement where the Contractor has agreed to indemnify, defend, or hold harmless the County shall, regardless of any language or provisions contained in this solicitation or the Agreement to the contrary, be interpreted as and limited to requiring the Contractor to indemnify and hold harmless the County, including its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the contract. If this solicitation or the resulting Agreement is required by applicable law to contain a monetary limitation on the extent of indemnification, then the County and Contractor agree to limit such indemnification to $1 million per occurrence, $2 million aggregate, it being agreed upon by and between the County and Contractor that such amounts bear a reasonable commercial relationship to this Contract and are hereby made a part of the project specifications or bid documents.
The date that this Agreement is fully executed by Contractor and the County.
References to the “Engineer” shall be presumed to refer to the County Engineer.
The Respondent shall submit with their Response the names, addresses, dollar value of overall project, percent of overall project with dollar value of their Subcontractor together with the services they will supply (see Prime/Sub Contractor Form). These Subcontractors will be subject to review as to their competency prior to award of Contract, and shall be one of the considerations in determining the lowest responsible Respondent as defined hereinafter. After award of Contract, no change in Contractor shall be made unless approved by the County in writing by reason of financial distress or County deemed performance issues. If this form is not completed and submitted along with the entire proposal at the time and date of the closing of the Solicitation, Respondent may be deemed non-responsive.
The professional engineer or engineering firm contracted or employed by the County and registered in the State of Florida who is responsible for the preparation of the plans and specifications. The Engineer of Record may be County in-house staff or a consultant retained by the County.
Contractor shall save and hold the County harmless from any and all claims or actions by their Contractor(s) for payment of monies such Contractor claims to be owed by Contractor for Work performed under a Contract. Nothing in a Contract shall create any obligation on the part of the County to pay directly to any Subcontractors any monies due for Work performed under a Contract.
A written instrument issued by the County to the Contractor, which clarifies or interprets the Contract Plans or specifications or other Contract Documents, and/or orders minor variations in the Work, but which does not involve an adjustment in Contract Sum or Contract Time.
For all licensed software or derivative works of the licensed software used by County under the resulting Agreement, Contractor agrees to protect, defend, indemnify, and hold harmless County, its agents, elected officials and employees of County from and against any and all claims, demands, actions, and causes or action which may arise asserting that all or any part of Contractor’s licensed software or applications that are owned and licensed by Contractor to County for use thereof by County, infringes or misappropriates any third party’s valid state patent, copyright, trademark, or any trade secret protected under United States law. In the event of an infringement claim, Contractor shall have the option: (i) to procure for County the right to continue using any product or Service found to be infringing; (ii) to replace any such infringing product or Service with a non-infringing product or Service; or (iii) to modify such infringing product or Service to make it non-infringing. Contractor shall have no obligation under this section if the infringement claim is based upon the use of the system in combination with other hardware or software applications not furnished by Contractor, or if such a claim arises from County’s modification of the system without the authorization of Contractor.
County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes (as amended). Notwithstanding anything set forth in any Section of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the County beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida Legislature and the cap on the amount and liability of the County for damages, regardless of the number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by the legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against the County, which claim would otherwise be barred under the doctrine of sovereign immunity or by operation of law.
The date the County certifies that all Work required to complete the Project is complete.
The final payment by the County to the Contractor for all sums due and retained by the County pursuant to the Contract.
Contractor covenants and agrees to the following provisions, as required by law:
Contractor’s personnel who are responsible for Contractor’s day-to-day Project operations as described in Contractor’s Proposal.
Pursuant to paragraph 287.133(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list.
By entering into this Agreement, the Contractor represents and warrants that it is not on the convicted vendor list and not under investigation for violation of any state or federal law relating to public entity crimes. The Contractor further represents and warrants that its Subcontractor and implementer, if any, are not on the convicted vendor list and not under investigation for violation of any state or federal law relating to public entity crimes.
Any person other than an architect, landscape architect, engineer, surveyor and mapper, and the like who, under properly authorized contract, personally performs on the site of the improvement labor or services for improving real property and does not furnish materials or labor service of others.
The Contractor, without exception, shall indemnify and save harmless the County of Volusia, its officers, agents and employees from liability of any nature of kind, including cost and expenses for or on account of any copyrighted, registered, patented, or unpatented invention, process, or article manufactured or used in the provision of goods and/or Services, including use by the County of Volusia. If the Contractor uses any design, device, or materials covered by letters, patent, copyright, or registration, it is mutually agreed and understood without exception that the quoted price shall include all royalties or costs arising from the use of such design, device, or materials in any way involved.
A monetary payment made for damages, agreed by both parties in contract which are due and payable for breach by a party. May be applied on a daily basis for as long as the breach is in effect. Cannot be imposed as an arbitrary penalty. Must meet the threshold of reasonableness.
The County owns and retains all proprietary rights in its logos, trademarks, trade names, and copyrighted images (Intellectual Property). As such, nothing in this Solicitation permits or shall be construed as authorizing Respondent to use or display County's Intellectual Property on Respondent's submittal documents or proposal (including any exhibits attached thereto) submitted to County by or on behalf of Respondent in response to this solicitation. The County has the right to redact the County Logo displayed on any Response.
A pay item within the Contract Documents, bid by the Contractor as a total dollar amount inclusive of all labor and material required to furnish the item and paid for by percentage of completion in place for a given application for payment, as certified by the County.
Unless otherwise specified Contractors may be required, at the convenience of and at no expense to the County, to provide training to County personnel in the operation and maintenance of any item purchased as a result of this Solicitation.
Products purchased as a result of this Solicitation may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at Contractor's expense. Those items and items not delivered by the delivery date specified in accepted offer and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the Contractor.
The payment vehicle through with the successful Respondent(s) may be compensated. This Agreement will be issued in accordance with the specifications, terms, and conditions of this Bid document and shall be valid for a specified period of time and may have a specific dollar value, which shall not be exceeded annually.
Any awarded Contractor including dealers, distributors, and/or manufacturers shall be responsible for having complied with all federal, state, and local standards, regulations, and laws concerning the product or service specified, and the use thereof, applicable and effective on the date of manufacture or use or date in service including safety and environmental standards as apply to both private industry and governmental agencies.
Any person who furnishes materials under Contract to the County, Contractor, Subcontractor on the site of the improvement or for direct delivery to the site of the improvement or, for specially fabricated materials, off the site of the improvement for the particular improvement, and who performs no labor in the installation thereof.
A written change to the Contract Documents resulting in a clarification or change to the Scope of Work or material terms of the Contract, which may or may not include changes to the Contract Plans, the Contract Sum or the Contract Time. Changes to Contract Sum or Contract Time, shall be made in strict accordance with the construction Contract. Any Modifications that result in an adjustment to the Contract Sum shall be administered pursuant to Fla. Statute § 218.755.
The Contractor shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed by the Contractor in performing the Work. The Contractor shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA" and all applicable state labor laws, regulations, and standards. The Contractor shall indemnify and hold harmless the County from and against all liabilities, suits, damages, costs, and expenses (including attorneys' fees and court costs) which may be imposed on the County because of the Contractor, Subcontractor, or supplier's failure to comply with the regulations.
The Respondent agrees that, unless otherwise specified, the product and/or Service furnished as a result of this Solicitation and award thereto shall be covered by the most favorable commercial warranty the Respondent gives to any customer for comparable quantities of such products and/or Services and that the right and remedies provided herein are in addition to and do not limit any rights afforded to the County of Volusia by any other provision of the Solicitation/offer.
A written change or modification to the Agreement approved by the County Project Manager and Contractor, which is signed by the County and Contractor authorizing an addition, deletion, or revision in the Scope of Services, or an adjustment in the Agreement price or time, without change to any other terms or conditions of the Agreement. Any Modifications that result in an adjustment to the Contract Sum shall be administered pursuant to Fla. Statute § 218.755.
The official document from the County to the Contractor establishing a date on which the Contract Time will commence.
The County reserves the right to award the Agreement to the Respondent(s) that the County deems to offer the lowest/most responsive and responsible Response(s), as detailed in this solicitation. The County is therefore not bound to accept a Response based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this Solicitation, to reject any/all Responses, to waive any/all informalities and/or irregularities, or to re‑advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejecting/rebidding when Responses exceed budget and the County must change the Solicitation to lower costs. The County also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and/or services specified, if deemed to be in the County’s best interest or award only a portion of the Solicitation.
The County reserves the right to award the Agreement to the Respondent(s) that the County deems to offer the best overall Proposal or solution, as detailed in this solicitation. The County is therefore not bound to accept a proposal based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this RFP, to reject any/all proposals, to waive any/all informalities and/or irregularities, or to re‑advertise with either the identical or revised specifications if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejecting and re‑soliciting when responses exceed budget and the County must change the solicitation to lower costs. The County also reserves the right to make multiple awards based on experience and/or qualifications of Respondents and to award only a portion of the items and/or services specified, if deemed to be in the County’s best interest.
A bond(s), issued by a surety in accordance with §255.05 Florida Statutes, and the Construction Contract.
The County reserves the right to award the Contract to the Respondent(s) that the County deems to offer the best overall qualifications as detailed in this solicitation. The County is therefore not bound to accept a proposal based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this RSQ, to reject any/all proposals, to waive any/all informalities and/or irregularities, or to re‑advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejecting/rebidding when responses exceed budget and the County must change the solicitation to lower costs. The County also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and/or services specified, if deemed to be in the County’s best interest.
The County reserves the right to award the Agreement to the Respondent(s) that the County deems to offer the lowest/most responsive and responsible Response(s), as detailed in this solicitation. The County is therefore not bound to accept a Response based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this Solicitation, to reject any/all Responses, to waive any/all informalities and/or irregularities, or to re‑advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejecting/rebidding when Responses exceed budget and the County must change the Solicitation to lower costs.
The County also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and/or services specified, if deemed to be in the County’s best interest or award only a portion of the Solicitation.
It is the intent of the County to award a Master Agreement for an initial term of one (1) year. Depending upon the total dollar expenditures, the resulting Master Agreement may be renewed for subsequent one (1) year terms upon mutual written agreement between the County and the Contractor.
An individual, firm, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require.
A meeting or meetings including the Contractor’s key personnel, key Subcontractors, the CEI or A/E (if applicable), County and others involved with the planning and execution of the Work, which shall take place prior to issuance of a Notice to Proceed.
All Contractors awarded Agreements from this Solicitation may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices, terms, and conditions, if agreed to by both parties. It is understood that at no time will any city, municipality, or other agency be obligated for placing an order for any other city, municipality, or agency; nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality, or agency. Further, it is understood that each agency will issue its own purchase order to the awarded Contractor(s).
The method of the reducing the proposed Bid or quote price by a designated percentage for the sole purpose of determining the lowest price when compared to other prices submitted during a competitive solicitation.
County facilities are administrative facilities that provide services to the Volusia County public and any agencies that it serves. As such, activities in all buildings are critical to the provisioning of services to the public and shall not be interrupted by the Contractor’s Work activities.
A payment made by the County to the Contractor after submission of an Application for Progress Payment by Contractor and acceptance by County staff.
The sum of all construction activity related to the Contract Documents.
County shall have the right to audit the books, records, and accounts of Contractor and its Subcontractorthat are related to the resulting Contract. Contractor and its Subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the resulting Contract. Contractor shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, statistical records, and any other documents pertinent to this Contract for a retention period of five (5) years after completion or termination of the Contract, and any renewals, as required by Item 65, General Records Schedule GS1-SL for State and Local Government Agencies, effective February 19, 2015 and the Florida Public Records Act (Chapter 119, Florida Statutes). Contractor shall, by written Contract, require its Subcontractors to agree to the requirements and obligations of this Section. Audits will be subject to applicable privacy and confidentiality laws and regulations and Contractor’s privacy and confidentiality policies and procedures.
The Project that is described in the Scope of Work or Scope of Services of this Solicitation.
The Contractor shall immediately report in writing to the County’s designated representative or agent any incident that might reasonably be expected to result in any claim under any of the coverage mentioned herein. The Contractor agrees to cooperate with the County in promptly releasing reasonable information periodically as to the disposition of any claims, including a résumé of claims experience relating to all Contractor operations at the County project site. The designated representative for the County shall be:
Name: County of Volusia, Florida
Human Resources/Risk Management Division
Address: 125 W. New York Avenue, Suite 141
DeLand, Florida 32720
Telephone: 386-736-5963
Fax: 386-822-5006
The document submitted by the Consultant in response to a formal solicitation used to determine if the Consultant is highly qualified. Can be used interchangeable with Response.
Once the Agreement expires, or final payment has been requested and made, the awarded Contractor shall have no more than thirty (30) calendar days to present or file any claims against the County concerning the Agreement. After that period, the County will consider the Contractor to have waived any right to claims against the County concerning the Agreement.
That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that submits a proposal for the purpose of obtaining a Contract with the County for the provision of the services requested in the Solicitation. Can be used interchangeably with Bidder and Respondent.
The Contractor shall be responsible to know and to apply all applicable federal and state laws, all local laws, ordinances, rules, regulations (including but not limited to the following statutes: Americans with Disabilities Act (ADA),Titles I, II and III of the ADA; Federal Immigration Reform and Control Act of 1986 (as amended); and Title VII of the Civil Rights Act of 1964 (as amended), and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the Work, or which in any way affect the conduct of the Work. Contractor shall observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees for all Work or Services performed under the Agreement. The Contractor shall indemnify, defend and hold harmless the County and all its officers, agents, servants, or employees against any liability or claim made against the County arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by Contractor, its representatives, Subcontractors, professional associates, agents, servants, or employees.
Pursuant to Section 287.05701, Florida Statutes, vendors are hereby notified that:
See process at www.volusia.org/purchasing.
The County’s written document to the Contractor formalizing the proposed transaction, such as a description of item(s)/services, delivery location, payment terms, invoice address and transportation. If there are any conflicts between the Purchase Order and the awarded Solicitation, the terms of the Solicitation shall prevail.
For the purposes of this paragraph, any Services or products offered to public via the internet or online must comply with WCAG 2.1 AA in order to be deemed ADA compliant. The County will provide Contractor with prompt written notice with respect to any ADA deficiencies of which the County is aware and Contractor will promptly correct such deficiencies. If the County, the Department of Justice or other governmental entity tasked with the enforcement of the ADA (“Enforcement Agency”) notes any deficiency in the facilities, practices, services, or operations of the Contractor furnished or provided in connection with this Agreement, Contractor shall, at no additional charge or cost to the County, immediately cure any such deficiencies without delay to the satisfaction of such Enforcement Agency. Contractor further agrees that it shall, to the extent permitted by law, indemnify, defend, and hold harmless the County against any and all claims, sanctions, or penalties assessed against the County, which claims, sanctions, or penalties arise or otherwise result from Contractor’s failure to comply with the ADA or WCAG 2.1 AA, for online or internet Services or products.
The County of Volusia as the recipient of Florida Department of Transportation (FDOT) grant funds for the Project described in the Contract Documents. [If applicable]
Contractormust certify that the company is not participating in a boycott of Israel. For Contracts for goods or services of one million dollars or more, Contractor must also certify that Contractor is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has not been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law. The County will not contract for the provision of goods or services with (i) any company participating in a boycott of Israel, and, (ii) for Contracts for goods or services of one million dollars or more, any other scrutinized company as described above. Contractor must submit certification. Submitting a false certification shall be deemed a material breach of contract. The County shall provide notice, in writing, to the Contractor of the County's determination concerning the false certification. The Contractor shall have five (5) Calendar Days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the County's determination of false certification was made in error then the County shall have the right to terminate the Contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
A duly authorized officer or representative of the Respondent (non-governmental entity) shall complete the included Volusia Human Trafficking Attestation Form in compliance with Section 787.06(14), Florida Statutes.
A written submission by Contractor to the County requesting clarification or instruction with respect to the Contract Documents or means and methods related to the Work.
An employee of the County or an authorized representative of the CEI or A/E who is assigned to the Project and is responsible for overseeing that the Work is constructed in accordance with the requirements of the drawings and specifications.
The County of Volusia is a drug-free and smoke-free workplace. Contractor agrees that its personnel and the personnel of each of its Subcontractors shall adhere to the County’s policies on drug-free and smoke-free work place during the term of this Contract while at a County job location.
The County shall have the power to make changes in the Agreement as the result of changes in law and/or ordinances of Volusia County to impose new rules and regulations on the Contractor under the Agreement relative to the scope and methods of providing services as shall, from time to time, be necessary and desirable for the public welfare. The County shall give the Contractor notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method of providing services as referenced herein shall also be liberally construed to include, but is not limited to, the manner, procedures, operations and obligations, financial or otherwise, of the Contractor. In the event any future change in federal, state or county law or the ordinances of Volusia County materially alters the obligations of the Contractor, or the benefits to the County, then the Agreement shall be amended consistent therewith. Should these amendments materially alter the obligations of the Contractor, then the Contractor or the County shall be entitled to an adjustment in the rates and charges established under the Agreement. Nothing contained in the Agreement shall require any party to perform any act or function contrary to law. The County and Contractor agree to enter into good faith negotiations regarding modifications to the Agreement, which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to the Agreement, the County and the Contractor shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the Contractor directly and demonstrably due to any modification in the Agreement under this clause.
That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that submits a proposal for the purpose of obtaining a Contract with the County for the provision of the services requested in the Solicitation. Can be used interchangeable with Bidder and Proposer.
The Project Manager has responsibility for administering this Contract for the Respondent and will be designated prior to execution of the Contract.
Neither party shall be liable for any failure or delay in the performance of its obligations under the Agreement to the extent such failure or delay necessarily results from the occurrence of a Force Majeure Event beyond the control or reasonable anticipation of either party, including, but not limited to, compliance with any unanticipated government law or regulation not otherwise in effect at the time of execution of this Agreement, acts of God, acts of domestic or international terrorism, any virus, bacterium, or other microorganism capable of inducing physical distress, illness, or disease, whether due to a pandemic or otherwise, unforeseeable governmental acts or omissions, fires, strikes, natural disasters, wars, riots, transportation problems, and/or any other unforeseeable cause whatsoever beyond the reasonable control of the parties (and such cause being referred to as a “Force Majeure Event”). Accordingly, the parties further agree that:
A Contractor’s offer to the County in response to an invitation to the Solicitation issued by a purchasing authority. Used interchangeable with Bid or Proposal.
The Services described in Exhibit A and the Supplemental Scope of Services in Exhibit A.1, which are hereby agreed to by the parties, and which include Contractor’s responsibility for performing and complying with all incidental matters pertaining thereto.
During the performance of the Agreement, the Contractor agrees to the following:
The construction and services required by the Contract Documents including all labor, materials, equipment and services incidental thereto, provided or to be provided by the Contractor to fulfill the Contractor’s obligation to achieve Final Completion of the Project.
Any and all Services, obligations, Work, duties and responsibilities: necessary to the successful completion of the Scope of Services; that reasonably relate to the Scope of Services; are undertaken or should be undertaken to effectuate the Scope of Services; or that are assigned to Contractor under the Agreement. “Services” includes the furnishing of all labor, materials, equipment, and other incidentals related to the Services.
The County endeavors to solicit offers from, award contracts to, and consent to subcontracts with responsible vendors, consultants, and contractors only. To further this policy, the County asserts its authority to debar certain vendors, consultants, and contractors from participating in solicitations pursuant to the policies and procedures herein. The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the County’s protection and not for purposes of punishment. Debarment is intended as a remedy in addition to, and not in substitution of, the evaluation of the responsibility of County vendors, consultants, and contractors, and this policy and the procedures provided for herein shall not supplant or supersede County’s authority to reject or otherwise terminate vendors, consultants, or contractors based on findings of non-responsibility on a case-by-case basis. Further information regarding the County’s policies and procedures in regards to debarment may be found at:
https://www.volusia.org/core/fileparse.php/5896/urlt/Debarment-Policy-final-3-27-17.pdf
All diagrams, illustrations, brochures, schedules, and/or other data which are prepared by Contractor, a Subcontractor, manufacturer, supplier, distributor, or other person on behalf of the Contractor, and which illustrate the equipment, material, or some portion of the Work.
Unit prices shall prevail over extended prices; written matter shall prevail over typed matter; numbers spelled in word form shall prevail over Arabic numerals (“one” over “1”). When not inconsistent with context words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
This document used to obtain bids or proposals for the purpose of entering into a Contract for certain goods and/or services from the Respondent.
State of Florida.
Written matter shall prevail over typed matter; numbers spelled in word form shall prevail over Arabic numerals (“one” over “1”). When not inconsistent with context words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
Figure 1:
County Work Days | Contractor's Representative | County Representative |
10 | Contractor's Project Manager | County's Project Manager |
10 | Contractor's Sr. Vice President of Sales | Director of Purchasing and Contracts |
20 | Contractor's COO or President | Deputy County Manager |
A person other than a materialman or laborer who enters into a contract with the Contractor for the performance of any part of the Work. Unless expressly stated otherwise, reference to a "Subcontractor” or “subcontractor” shall have the same meaning and shall include sub-subcontractor’s and lower tier contractors as well.
Respondent acknowledges that the name and title of the signatory (the “Authorized Signatory”), as completed, is authorized to execute contracts/agreements with the County of Volusia, and that submitting a Response via the County's eProcurement Portal shall be the act of and attributable to the Authorized Signatory to bind the company. By submitting this Response electronically, the Authorized Signatory does thereby adopt the electronic or conformed submittal as authorized firm commitment and for use as an official record by the County of Volusia.
A person other than a materialman or laborer who enters into a contract with a Contractor for the performance of any part of the Contract Documents.
All responses accepted by the County of Volusia are subject to the County's terms and conditions. Any and all additional terms and conditions submitted by Respondent(s) are rejected and shall have no force and effect. Responses from the Respondent(s) listed on the tabulation are the only Responses received timely as of the closing date and time. All other Responses submitted in response to the solicitation, if any, are rejected as late.
The date upon which the progress of the Work is sufficiently complete in accordance with the construction Contract Documents so that the County may use, occupy, or utilize the Work for its intended purpose, as certified by the County.
The Contractor’s authorized executive representative(s) responsible for the job site and progress of the Work at all times.
The entity that has undertaken the duty of obligor on the Payment & Performance Bond provided by the Contractor in accordance with the Contract Documents and §255.05 Florida Statutes.
Specific, detailed services or work placed against an awarded and established continuing services Contract memorialized as an Amendment to this Contract by the parties prior to the commencement of such Work or Services by the Consultant.
The guarantee or assurances as set forth in the Agreement including any guarantees required by state law or regulation.
The construction and services required by the Contract Documents including all labor, materials, equipment and services incidental thereto, provided or to be provided by the Contractor to fulfill the Contractor’s obligation to achieve Final Completion of the Project.
By checking yes, the Respondent acknowledges the following:
By checking yes, vendor acknowledges the above and/or included Scope of Services and will furnish said product and/or services according to the specifications or scope of services detailed within this Solicitation if awarded.
By checking yes, the Respondent acknowledges that all uploaded documents are in one of the following formats:
Any other format is not compatible with OpenGov and may render your response unreadable.
By checking yes, the Respondent acknowledges that the Respondent has received and reviewed the sample contract/agreement attached in the Attachments/Exhibits Section.
Compliance with Federal Transit Administration Regulations
COMPLIANCE WITH REGULATIONS: Contractor(s) must be in compliance with applicable Federal Transit Administration (FTA) regulations as indicated in the FTA Master Agreement and Best Practices Procurement.
Contractor(s) shall provide all requested information for State and Federal Reporting requirements in a timely manner. These documents can be found on the Internet at:
Please download the below documents, complete, and upload.
The Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor on or after the effective date of this Agreement and thereafter during the remaining term of the Agreement, including Subcontractor. Any subcontract entered into by Contractor with any Subcontractor performing Work under this Contract shall include the following language: “The Subcontractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor on or after the effective date of this Agreement and thereafter during the remaining term of the Agreement.” The Contractor covenants and agrees that if it is found in violation of this section or the Executive Order, such violation shall be a material breach of this Agreement and Contractor shall indemnify, defend and hold harmless the County from any fines or penalties levied by a government agency, including the loss or repayment of grant funds by the County.
Compliance with FEMA 2 CFR 200.318-326 and Appendix II Contract Provisions.
This Agreement and the products/services provided may be utilized in the event of declared State/Federal Emergency, and Contractor shall comply with the applicable sections of the Federal Contract Provisions attached.
Please download the attached document, complete, and upload.
For any federally funded project, Respondent agrees to register on SAM.gov if awarded a contract under this solicitation.
By checking yes, Respondent agrees to the insurance requirements as detailed in the Required Types and Limits of Insurance Chart and the Required Types of Insurance; Insurance Requirements; and Proof of Insurance sub-sections in "General Terms and Conditions".
By selecting "Yes", Respondent hereby acknowledges it has implemented the requirements of Florida statute 287.087 and is in compliance with the requirements of a drug-free workplace program.
Respondent acknowledges that the name and title of the signatory (the “Authorized Signatory”), as completed below, is authorized to execute contracts/agreements with the County of Volusia, and any affixed electronic or conformed signature of the Authorized Signatory shall be the act of and attributable to the Authorized Signatory and the Respondent. By signing this Agreement electronically, the Authorized Signatory does thereby adopt the electronic or conformed signature as his or her own and designates a copy of same for use as an official record by the County of Volusia.
If the below-named individual is not an authorized agent of the firm, as listed with the Florida Division of Corporations (Sunbiz), a Memorandum of Authority shall be uploaded giving that individual authorization to commit the firm to a contract.
Please provide the Complete Name and Title which shall indicate acknowledgment.
The award of this Solicitation is subject to Chapter 112, Florida Statutes. All respondents must disclose with their response the name of any officer, director, or agent who is also an employee of the County of Volusia. Further, all respondents must disclose the name of any County of Volusia employee who owns, directly or indirectly, an interest of the Respondent's/Supplier's firm or any of its subsidiaries associated with this project. I certify that this proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud.
Respondent shall select 'No' if a conflict of interest as defined in this question does NOT exist. Please select 'Yes' if a conflict of interest as defined in this question DOES exist and shall be further described in the explanation below.
If the response to the above question is "Yes", enter an explanation of the conflict. If the response to the above question is "No", enter N/A.
Please list the individual's full name(s) and the board(s) and/or committee(s) on which they serve.
All answers to questions of substance will be publicly published using the Question & Answer feature.
Participants are required to review all revisions and answers to questions published. Revisions within the Solicitation as well as responses posted through the 'Question & Answer' feature are authoritative and shall be considered an addendum to the Solicitation. All information in this Solicitation, including information provided through the 'Question & Answer' feature are incorporated into the Solicitation or any Contract resulting from this Solicitation.
By selecting YES below, participants are confirming that they have reviewed revisions and all answers to questions published and any addenda up until the bid closing date and have given consideration to all information in preparing the response to this solicitation. Selecting YES will serve as confirmation of acknowledgement.
Proposer acknowledges and agrees with the Sales Tax Exemption Procedure document, included in the previous Section.
A Bid Bond in the amount of five percent (5%) of the total bid price, payable to the County of Volusia, is required for this Solicitation. The Submittal bond can be in the form of a bond, cashier’s check or irrevocable letter of credit (ILOC). The bond shall be issued by an agency authorized to do business in the State of Florida and with a rating of "A" or higher as listed in the A.M. Best & Company latest published rating guide. The County provided form shall be used if the bond is issued. The bond, cashier’s check or ILOC shall not expire until the Agreement is awarded and shall guarantee that
The bond, cashier’s check or ILOC will be invoked by the County to ensure payment of the Proposer of damages incurred by withdrawal of a Response, or failure to enter into an Agreement after award. Bid bonds, without interest, will be returned upon receipt of appropriate insurance documents and/or a Performance Bond, if applicable.
Please download the below documents, complete, and upload.
Contractor shall furnish Payment and Performance Bonds, prior to performing any Work under the Agreement in an amount equal to the total value of the project including any amendments or Modification Orders made thereto pursuant to the Order or other documentation executed by the parties, in strict accordance with Fla. Stat. §255.05. Failing to do so, shall constitute a material breach of this Agreement. The Bonds shall be secured from or countersigned by an agency or Surety company recognized in good standing and authorized to do business in the State of Florida.
Simultaneously with the delivery of the executed Agreement to the County, a Proposer to whom an Agreement has been awarded must deliver to the County, executed, separate Payment and Performance Bonds on the prescribed forms, each in an amount of one hundred percent (100%) of the Agreement price of the accepted Proposal as security for the faithful performance of this Agreement and for the payment of all persons performing labor or furnishing materials in connection therewith. The Payment and Performance Bonds shall have as the Surety thereon only such Surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida and with a resident agent in Florida. The Attorney-in-Fact or other officer who signs Payment and Performance Bonds for a Surety company must record with such bonds a certified copy of his Power-of Attorney authorizing him/her to do so.
Samples of the required forms are attached in the "Attachments" section.
Please download the attached document for review. Upon award, Contractor shall be prepared to submit bond(s) as required in the Solicitation Terms and Conditions.
By checking yes, the vendor acknowledges and agrees to the amount of liquidated damages as stated in the Solicitation.
Public Entity Crimes - Pursuant to Section 287.133(12)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Submittal Package (Bid Response) on a contract to provide any goods or services to a public entity, may not submit a bond on a contract with a public entity for the construction or repair of a public building or public work, may not submit Submittal Package (Bid Response) on leases of real property to a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two ($25,000) for a period of 36 months from the date of being placed on the convicted vendor list. Respondent should read carefully all provisions of 287.133 and 287.134, Florida Statutes (2005).
By selecting 'Yes', the Respondent represents and warrants that the submission of its response/proposal does not violate Section 287.133, Florida Statutes (2005), nor Section 287.134, Florida Statutes (2005) or their successor. In addition to the foregoing, the Respondent represents and warrants that Respondent, Respondent’s subcontractors and Respondent’s implementer, if any, is not under investigation for violation of such statutes.
By selecting 'Yes' below, the Respondent certifies to the best of its knowledge and belief, that the firm and any subcontractor/supplier in accordance with a response to this solicitation:
Per State of Florida Statute s. 287.135(5) Suppliers (companies) must acknowledge and agree to the 'Certification Regarding Prohibition Against Contracting with Scrutinized Companies' paragraph listed below. Respondents shall agree by marking the option below. Respondents neglecting to respond may be disqualified from consideration of award and deemed non-responsive.
I hereby certify that neither the responding 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 where the total contract value is one million dollars ($1,000,000) or more, I hereby certify that neither the responding 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 responding 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 ($1,000,000) 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.
Please download the below documents, complete, and upload.
If the Authorized Signatory identified in the Section (Name and Title of Authorized Agent of the Respondent) above is not an authorized agent of the firm, as listed with the Florida Division of Corporations (Sunbiz), a memorandum of authority, signed by an authorized agent, shall be uploaded in this section giving that individual (Authorized Signatory) the authority to commit the firm to a contract.
Respondent acknowledges that pricing has been completed as requested and does not exceed the County's quotation cap of $50,000.
Please attach current W-9 Form.
Please provide Proof of Insurance - evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Upon award, final forms must contain the correct solicitation and/or project number and Volusia County contact person.
Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall submit a copy with the response.
Please download the below document, complete, and upload.
Only upload if applicable in accordance with Florida Law.
Respondent shall have a current professional license from the appropriate governing board to practice in the State of Florida at the time of its submittal. Respondent and their Subcontractor shall submit with their submittal, copies of their professional license.
Licenses shall remain current for the entire term of the Contract resulting from this solicitation.
By checking yes, vendor has reviewed and accepted the Division 27 - Technology Systems Design and Installation Guidelines.
Florida Department of State, Division of Corporations’ Detail by Entity Name Report
Provide a Florida Department of State, Division of Corporations’ detail by entity name report for your firm, available at www.sunbiz.org. The Respondent shall be required, upon notification of recommendation of award, to register with the Florida Department of State Division of Corporations at www.sunbiz.org in order to provide services under the resulting Contract.
Certification Affidavit by Prime Contractor as Local Business
By selecting 'Yes', Respondent acknowledges the local preference requirements and understand these requirements shall remain for the entire term of the agreement. Respondent further understands that failure to notify the County of Volusia of any change in status as a result of an awarded agreement may result in breach. Vendor acknowledges that, as the Respondent:
● Vendor has been in business for a minimum of six (6) months prior to the date of this submission
● Vendor acknowledges the ability to provide proof of local business presence from a local jurisdiction if required per Volusia County local preference ordinance found at
ARTICLE VI. - FINANCE | Code of Ordinances | Volusia County, FL | Municode Library
By Selecting "No" Respondent acknowledges that the firm does not have a local presence as detailed in the ordinance and local preference does not apply.
By selecting 'Yes', the Respondent acknowledges the Subcontractor local preference requirements and understand these requirements shall remain for the entire term of the agreement. The Respondent further understands that failure to notify the County of Volusia of any change in status as a result of an awarded agreement may result in breach.
The Respondent certifies to the best of its knowledge and belief, that any Subcontractor/supplier in accordance with a response to this solicitation:
● Subcontractor/supplier has been in business for a minimum of six (6) months prior to the date of this submission
● Subcontractor/supplier acknowledges the ability to provide proof of local business presence from a local jurisdiction if required per Volusia County local preference ordinance found at
ARTICLE VI. - FINANCE | Code of Ordinances | Volusia County, FL | Municode Library
By Selecting "No" the Respondent acknowledges that the firm does not have Subcontractors that have a local presence as detailed in the ordinance and local preference does not apply.
Respondent shall properly complete, notarize and upload the attached disclosure statement certifying that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the respondent to solicit or secure this contract and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the respondent any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this contract.
A duly authorized officer or representative of the Respondent (non-governmental entity) shall complete the included Volusia Human Trafficking Attestation Form in compliance with Section 787.06(13), Florida Statutes, (2024).
Download the attached form, complete, and upload completed form.
Respondent shall download, properly complete, and upload the attached form.
Please download the below document, complete, and upload. Even if your Firm is not going to be using Subcontractor.
Failure to complete and submit this form may deem your Firm non-responsive.
Please download the below documents, complete, and upload.
Please download the Bid Price Sheet, complete and upload.
If you indicated YES to accepting Electronic Funds Transfer, what percentage discount will you offer when accepting payment via EFT?
Will you offer a discount for payment terms less than the County's NET45? If so, please provide the % and day requirement for the discount. (Example: 5% for payment within 30 days)
A sole proprietorship is a type of business where there is no legal distinction between the owner and the business entity. It is owned, managed, and controlled by a single owner.
The following information is required in order to be considered for a future price redetermination for fuel.
Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, insurances and other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of fuel?
The total for all of the pricing redetermination percentages in these sections shall not exceed 100.
Complete percentage amount below:
The following information is required in order to be considered for a future price redetermination for wages.
Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of wages?
The total for all of the pricing redetermination percentages in these sections shall not exceed 100.
Complete percentage amount below:
The following information is required in order to be considered for a future price redetermination for materials.
Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, insurances and other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of materials?
The total for all of the pricing redetermination percentages in these sections shall not exceed 100.
Complete percentage amount below:
Please download the below documents, complete, and upload.
Please fill out the attached form completely. The County will only contact the references listed on this form. Additional project information may be provided on separate sheets, however, that information will not be used for the evaluation of any response.
The information provided in this section, must be current and the County must be able to contact references for verification as part of the evaluation process. It is the firm’s responsibility to ensure E-mail addresses provided are current and accurate.
Unless specifically asked by the County, the County of Volusia shall not be listed as a reference. The respondent shall provide examples of similar projects which best illustrates the Contractor’s qualification for the scope of services.
Submittal Letter signed by an authorized agent of the firm.
A brief profile of the firm, including:
Qualifications of the firm and the employees that will be assigned to the County.
Key personnel inclusive of resumes, licenses, business venues, etc. (this should be specific to your project)
Overall project methodology/approach to support the needs and objectives of the project, including method for quality control.
Provide detailed itemized costs for services, software, implementation services, training, hardware, data conversion, third party software, and any additional or optional costs.
All supporting information, reports, and screen formats that Respondent believes relevant to understanding its software shall be included and referenced. These could include but are not limited to:
System inputs and outputs – demonstrate what inputs and their formats are required. Also, give a sample of some of the key outputs (reports and screens) that the system can generate.
Specify whether this Solicitation and resulting Contract will be awarded to a Contractor or a Consultant:
Specify whether this Solicitation and resulting Contract should refer to a Subcontractor or a Subconsultant:
Fill in the blank with length of the initial contract term.
Examples:
one (1) year
two (2) year
three (3) year
until project completion
Fill in the blank with length of the appropriate renewals.
Examples:
one (1) subsequent one (1) year renewal
two (2) subsequent one (1) year renewals
three (3) subsequent one (1) year renewals
four (4) subsequent one (1) year renewals
No renewals
Specify which material(s) may be considered for price redetermination.
EXAMPLE: Aluminum sheet and strip – PCU331315331315A
Your response will populate the bold wording below:
Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity “Aluminum sheet and strip – PCU331315331315A”, as published by the Bureau of Labor Statistics.
Enter N/A if this does not apply.
If the county will consider wage redeterminations based on: "Trade, transportation, and utilities" skip this question.
OR
If the county will consider wage redeterminations based on something other than "Trade, transportation, and utilities" then enter the category(ies) here.
Enter N/A if this does not apply.
Instructions: Adjust number of days according to the needs of your particular solicitation. Make sure the number of days are reasonable on both sides. Your answer will populate the bold text below: County may terminate this Agreement upon at least thirty (30) days prior written notice to Contractor.
Please type in the following format :
thirty (30) days sixty (60) days
Please enter the amount of written prior notice to County required for the Contractor to terminate the resulting agreement.
EXAMPLE:
ninety (90) days
one hundred twenty (120) days
one hundred eighty (180) days
For Reference your answer will populate the bold items:
Contractor may terminate this Agreement upon at least one hundred eighty (180) days prior written notice to County.
*Insert number of days according to the needs of your particular solicitation. Make sure the number of days are reasonable on both sides.
Do Federal Transit Administration (FTA) regulations as indicated in the FTA Master Agreement and Best Practices Procurement applicable to this project?
Enter the amount of liquidated damages per day, using the following format:
EXAMPLE:
- Five Thousand Dollars ($5,000) per day
- One thousand Dollars ($1,000) per day
For Reference your answer will populate the boldwording below:
Enter N/A if this does not apply.
Time is of the essence for this project. Any delays from the dates contained in the Agreement issued to the Contractor shall
inconvenience the Public and result in monetary losses and damages to the County. The losses and damages shall be difficult to
determine. In the event that the deliverables are not provided by the date set in the resulting Agreement, there shall be deducted, as
agreed, fixed liquidated damages from the Agreement price being paid by the County of Volusia. This computed sum shall be: Five Thousand Dollars ($5,000.00) per day, including Saturdays and Sundays.
Is a Submittal Bond or construction Bid Bond required for this project?
What is the submittal bond dollar amount required for this project? Insert N/A if this does not apply.
EXAMPLE:
$5,000
$10,000
$15,000
Is a Payment and Performance Bond required for this project?
Will the commercial general liability policy be provided on a project or location specific basis for the location or project site where the work or services are to be performed under the Agreement?
Only include this section if Garage Liability is required in the Required Types and Limits of Insurance Chart.
Only include this section if Garage Liability is required in the Required Types and Limits of Insurance Chart.
Select Yes if Excess/Umbrella Liability is required in the Required Types and Limits of Insurance Chart.
All subcontractors & independent contractors utilized by Contractor to provide services to County and its employees under this Agreement/Contract shall be required to maintain all insurance policies with the same terms, conditions, and requirements required of the Contractor in the Required Types and Limits of Insurance Chart and described below in this Exhibit
This would not apply if the Contractor will be liable for the acts/actions of its subcontractors/subconsultants. When in Figure 1, otherwise consult with Risk Manager to determine if this clause should remain in the solicitation/contract.
Only include this section if Automobile Liability is required in the Required Types and Limits of Insurance Chart.
Only include this section if Professional Liability is required in the Required Types and Limits of Insurance Chart.
Only include this section if Installation Floater is required in the Required Types and Limits of Insurance Chart.
Only include this section if Builder’s Risk is required in the Required Types and Limits of Insurance Chart.
Only include this section if Contractor’s Pollution is required in the Required Types and Limits of Insurance Chart.
Only include this section if Transportation Pollution Liability is required in the Required Types and Limits of Insurance Chart.
Only include this section if Flood Insurance is required in the Required Types and Limits of Insurance Chart.
Only include this section if Pollution Liability is required in the Required Types and Limits of Insurance Chart.
Only include this section if Crime Insurance Policy is required in the Required Types and Limits of Insurance Chart.
Only include this section if Cyber Insurance is required in the Required Types and Limits of Insurance Chart.
Only include this section if Computer Software and Services Errors and Omissions Liability is required in the Required Types and Limits of Insurance Chart.
Only include this section if Protection & Indemnity is required in the Required Types and Limits of Insurance Chart.
Only include this section if Marine/Vessel Pollution is required in the Required Types and Limits of Insurance Chart.
Only include this section if Aerial Applicator Aviation is required in the Required Types and Limits of Insurance Chart.
Licenses and/or Certifications
Please attach copies of Licenses and/or Certifications as may be required per the specifications of this solicitation.
Your response will populate the blank field. Please complete your response date as in the following example:
February 14, 2023
Any response to this Solicitation shall be valid
through _____________, 20__.
Enter a date to complete the blank below using thie following date format:
February 14, 2023
The County reserves the right to request an extension of the responses if a Contract has not been executed by _____________, 20__.
Q (Tabulations): Good morning, are tabulations of current contract available? or do we need to request them at public records? Thank you
A: 21-B-96MC ROA and Tabulation of current contract has been posted to attachments.
Q (Incumbent): Was there a previous incumbent? If so, can you share their price proposal? Has there been any changes to the scope from the last? Did the previous incumbent complete the project term? Is this solicitation the same length of time? If previous incumbents exist, when is the contract set to end?
A: Yes, there is a current incumbent. Please see Attachments C & D for the prior pricing proposal. The scope has been expanded to include wildlife and bird control services. Service locations and associated square footage may have been added, removed, or revised. All requirements are outlined in the current solicitation scope of work and corresponding Price Sheet. The current contract term has not yet ended and is set to expire on July 31, 2026. The solicitation reflects the same term structure: an initial three (3) year term with two (2) one-year renewal options.
Q ( Projected start): Is there a projected award and start date?
A: Projected award date is still to be determined. The anticipated start date will be after the current contract expires on July 31, 2026.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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