Active SLED Opportunity · FLORIDA · COUNTY OF FLAGLER
AI Summary
Flagler County seeks bids for steel-framed carts to store and transport 600 emergency shelter sleeping cots. Carts must meet specified size and durability requirements, include shipping to the county fairgrounds, and be delivered between July 6-31, 2026. Bids are due June 3, 2026, via the county's eProcurement portal.
Flagler County Board of County Commissioners are soliciting bids for carts to store and transport sleeping cots used in our emergency shelter centers.
Flagler County does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of County's functions including one's access to participation, employment, or treatment in its programs or activities. 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 Office of Procurement and Contracts at (386) 313-4008 two (2) business days before any meeting date.
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 Flagler County (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.
Flagler County is procuring carts to store and transport sleeping cots used in an emergency shelter environment.
Cart Specifications:
Cart Quantity:
Shipping & Handling:
To receive consideration, entities who submit a response to this Invitation for Bid (Bidders) must meet the minimum qualification requirements and comply with the following: Bid responses (Bids) will be accepted from single business entities, joint ventures, partnerships or corporations.
The Flagler County Board of County Commissioners (“Flagler County” or “County”) are 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/flaglercounty 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 Proposer. 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.
Do not submit confidential information, proprietary information and/or trade secrets.
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.
The County's general terms and conditions for Purchase Orders or Master Contracts included as an exhibit with this Invitation to Bid (ITB) shall apply unless otherwise noted.
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 Office of Procurement and Contracts of any contractual obligations that may alter its professional liability coverage under the Agreement.
The County reserves the right to require proof that the Proposer 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.
Contractor shall not obtain an insurance policy required under this Agreement from a Risk Retention Group or Pool.
Minimum underlying policies, coverages, and limits shall include all policies listed in the Required Types and Limits of Insurance Chart.
The Proposer, by submitting a Response, represents that:
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 Invitation to Bid (ITB) response and all required forms must be submitted/signed by an official authorized to legally bind the Respondent to all Invitation to Bid (ITB) provisions. A Memorandum of Authority may be submitted to document that the individual is authorized to commit the firm to a contract.
Offer shall contain a signature in the space(s) provided of a representative authorized to legally bind the Proposer to the provisions therein. All spaces requesting information from the Proposer or asking a question of the Proposer shall be completed.
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.
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 most/lowest responsive, responsible, Respondent whose Response represents the best overall value to the County when considering all evaluation factors.
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.
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 Office of Procurement and Contracts 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 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 Office of Procurement and Contracts at (386) 313-4008 two (2) business days before any meeting date.
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. Longshore & Harbor workers’ Act (33 U.S.C.A. Section 901). Coverage for the U.S. Longshore & Harbor worker’s Act 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).
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.
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 Contract:
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 386-313-4001, PUBLICRECORDS@FLAGLERCOUNTY.GOV, BY MAIL, FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS, OFFICE OF PROCUREMENT AND CONTRACTS , ATTN: ADMINISTRATION, 1769 E. MOODY BLVD, BLDG. 2, BUNNELL, FL 32110.
By entering into this 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, this 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 attorney’s fees and costs arising therefrom. Contractor authorizes County to seek declaratory, injunctive, or other appropriate relief against Contractor from a Circuit Court in Flagler County on an expedited basis to enforce the requirements of this section.
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 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, Contractors 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.
By submitting a Response to Flagler County, 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.
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 until project completion term with the option for No renewals . All renewals will be contingent upon mutual written agreement and, when applicable, approval of the Board of County Commissioners.
The Flagler County Board of County Commissioners 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 Submittals, 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 Proposer an advantage or benefit not enjoyed by other Proposers.
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 Procurement and Contract Services Manager 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.
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.
The awarded Respondent may petition the Procurement and Contract Services Manager 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), found at https://www.bls.gov/eci/tables.htm, or the Producer Price Index (PPI), found at https://www.bls.gov/ppi/, as published by the U.S. Bureau of Labor Statistics, whichever is applicable. The “base index number” for the ECI will be for the quarter in which the Invitation to Bid (ITB) opened and the “base index number” for the PPI will be the month the Invitation to Bid (ITB) opened. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the new/updated “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.
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.
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 Proposer in preparing and submitting a Response, or any cost or expense incurred by any Proposer prior to the execution of a Purchase Order or Contract.
The Flagler County Board of County Commissioners has adopted policies which assure and encourage the full participation of Minority Business Enterprises (MBE), Women-owned Business Enterprises (WBE), and Veteran-owned Business Enterprises (VBE) in the provision of goods and services. The County encourages joint ventures with these businesses.
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.
When requesting a price redetermination based upon an increase in wage costs, the awarded Respondent shall refer to and utilize the Employment Cost Index (ECI), 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://www.bls.gov/eci/tables.htm. The base figure will be tied to “TBD” 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 subcontractors 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 Procurement and Contract Services Manager 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 Procurement and Contract Services Manager.
Example: Minimum wage increases from $10.00 to $11.00 per hour. The awarded Respondent may petition for an increase of $1.00 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.
If/when the price of fuel increases by a minimum of ten (10%) percent, the awarded Respondent may petition the Procurement and Contract Services Manager 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), found at https://www.bls.gov/ppi/, for the commodities “Unleaded Gasoline – WPU 05-7104” or “#2 diesel fuel - WPU 05-7303,” as such may be applicable to the awarded Respondent’s operations in connection with the awarded Respondent’s performance of the Agreement.
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) 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.
It is the policy of the Board that Flagler County vendors are given preference in the procurement process, unless otherwise prohibited or waived by the County Administrator.
The term Flagler County Vendor means any business: having a physical location within the boundaries of Flagler County for at least twelve (12) months immediately prior to the issuance of the request for Quotes, Bids or Proposals by the County; holding any business licenses required by the County, and/or, the municipalities, if applicable; and employing at least one (1) full time employee, or two (2) part-time employees whose primary residence is in Flagler County, or, if the business has no employees, the business shall be at least fifty (50) percent owned by one (1) or more persons whose primary residence is in Flagler County.
It is the vendor’s responsibility to request Local Preference by submitting a completed Local Preference Affidavit with its sealed proposal.
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.
At the anniversary date of the Agreement, the awarded Respondent may petition the Procurement and Contract Services Manager 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) as published by the Bureau of Labor Statistics, found at https://www.bls.gov/ppi/, for the applicable commodity. The County shall make the final determination of the relevant commodity if any questions should arise.
Unless otherwise specified, prices offered shall:
Contractor shall purchase Builder’s Risk Insurance (BRI) on a “Special Form” (All-Risk) policy, and shall also include coverage for wind, hail, and named storm. 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. BRI shall be for the full replacement cost of the Project, including periodic increases or decreases in values resulting from change orders. If BRI 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 BRI 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. BRI coverage shall include, but not be limited to, covering all risks of physical loss or damage, including the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, explosion and underground (“XCU”) perils, debris removal, and demolition, and shall include coverage for reasonable compensation for architects’ services and other expenses made necessary due to an insured loss and any applicable law, ordinance, or regulation. Coverage shall apply to the Work and appurtenances, materials and equipment to be incorporated into the Project whether in transit or storage on or off the Project site, to the site construction and structures, and property of the County held in the care, custody or control of Contractor. Coverage shall apply to any owned, borrowed, leased or rented structures used to facilitate the work. The County shall be an additional named insured and Loss payee under this policy. The BRI policy shall contain a waiver of subrogation in favor of all insured parties. Insurer shall provide County thirty (30) days prior notice to cancellation of the policy.
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 |
| LESS 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 x 11.9% | $3.57 |
| New unit price for the product/service is ($100 + $3.57) | $103.57 |
The FOB point for this contract and for all purchases made under it shall be at the project site in Flagler County, Florida. Delivery will not be complete until the using department has accepted each item. Delivery to a common carrier shall not constitute delivery to the ordering agency. All disputes arising out of shipping prior to acceptance by Flagler County shall be between the Contractor and the carrier.
Unless otherwise stated in the Special Terms and Conditions, the County will remit full payment on all undisputed invoices within forty five (45) days from receipt by the appropriate person(s) (to be designated at time of contract) or receipt of all products or services ordered in accordance with the Local Government Prompt Payment Act, Part Vii, Chapter 218, Florida Statutes.
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.
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.
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 contract 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 further information as may be reasonably necessary in making its determination. The County shall approve or deny the request, in its sole discretion, 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.
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.
The Flagler County Board of County Commissioners reserves the right to reject offers containing terms or conditions contradictory to those requested in this Solicitation.
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.
County is exempt from Manufacturers’ Federal Excise Tax (Exemption# 59-78-0089K) and Florida sales tax (Exemption# 85-8013245979C-5). Certificates are available and can be obtained by emailing purchasing@flaglercounty.gov.
Unless otherwise provided for in this specification, the awarded Respondent represents and warrants that the goods, materials, supplies, or components offered to the County under this Agreement are new, not used or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer. If the awarded Respondent believes that furnishing used or reconditioned goods, materials, supplies, or components will be in the County’s interest, the awarded Respondent shall so notify the County’s Office of Procurement and Contracts in writing no later than fourteen (14) working days prior to the date set for opening of Bids in accordance with Section Revisions, Addenda, Questions & Answers. The notice shall include the reasons for the request and any benefits that may accrue if the County authorizes the bidding of used or reconditioned goods, materials, supplies, or components.
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 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.
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 contract.
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 Subcontractors. There are no limitations to this liability.
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
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 Proposer, but to ensure that the County receives quality services. The Proposer represents that all offers to this Solicitation shall meet or exceed the minimum requirements specified.
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.
COMPLIANCE WITH REGULATIONS: Awarded Respondent(s) must be in compliance with applicable Federal Transit Administration (FTA) regulations as indicated in the FTA Master Agreement and Best Practices Procurement.
Awarded Respondent(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
Please fill out and submit the attached FTA Clauses.
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 Proposer 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 Proposer 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 Proposer. The Office of Procurement and Contracts is not responsible for locating or securing any information which is not identified in the response and reasonably available to the Office of Procurement and Contracts. To ensure that sufficient information is available the Proposer shall furnish as part of the response all descriptive material necessary for the Office of Procurement and Contracts to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the Proposer proposes to furnish and what the County would be binding itself to purchase by making an award.
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.
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 Proposer. The result of any and all testing shall be made available upon written request.
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.
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 Exhibit III, Federal Contract Provisions.
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 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.
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 Flagler County. This computed sum shall be TBD, including Saturdays and Sundays.
Any insurance required may be provided by primary and excess insurance policies.
A Submittal Bond in the amount of TBD dollars, payable to Flagler County, 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 Respondent for 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.
This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without giving effect to any choice of law principles. Jurisdiction over, and venue for, any controversies or legal issues arising out of this contract shall, if in state court, be exclusively in the 7th Judicial Circuit in and for Flagler County, Florida. By entering into this contract, Contractor and County hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to the contract, and, unless otherwise expressly provided herein, each agrees to bear its own costs and attorney’s fees relating to any dispute arising under the contract.
Contractor may not assign or otherwise convey Contractor’s rights and/or obligations under the contract 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 amendment to the contract in a form and substance specified by the County in its sole discretion. If Contractor desires to assign or otherwise convey its rights and/or obligations under the contract, 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 contract.
Awarded Respondent shall furnish payment and performance bond prior to performing any work under the Agreement in an amount equal to the total value of the project including any amendments or change orders made thereto pursuant to the Order or other documentation executed by the parties and in strict accordance with Fla. Stat. §255.05. Failing to do so, shall constitute a material breach of this Agreement. The bond 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 Respondent to whom an Agreement has been awarded must deliver to the County, executed, separate payment and performance bond 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 bond 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/her Power-of-Attorney authorizing him/her to do so.
A sample payment and performance bond are included in the attachment section.
The contents of this Solicitation, all terms, conditions, specifications, and requirements included herein and the accepted and awarded response thereto shall be incorporated into a contract 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 a recommendation to the Board of County Commissioners. 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 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 with the CCNA process.
Note: Respondents are prohibited from contacting any of the committee members, other than the appropriate Procurement Coordinator prior to the recommendation of award from the committee.
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 Procurement and Contract Services Manager 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 Procurement and Contract Services Manager shall be interpreted as the County’s acknowledgement of delivery only.
The County will appoint a committee consisting of department staff to evaluate the proposals and to make recommendation to the Board of County Commissioners. 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 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 appropriate Procurement Coordinator prior to the recommendation of award from the committee.
The contents of this Solicitation and all provisions of the successful proposal deemed pertinent by the County shall be incorporated into a contract and become legally binding on the selected Proposer and County. The content of the contract 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 shall contain an order of precedence and may contain those additional terms and conditions that the County deems in its best interest.
The County shall be responsible for only those orders placed by the County pursuant to the contract or on an authorized signed Purchase Order. The County shall not be responsible for any order, change substitution or any other discrepancy from the Purchase Order or Master Agreement. If there is any question about the authenticity of a Purchase Order, contract, or change order, the Proposer should promptly contact the Office of Procurement and Contracts at (386) 313- 4008.
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 Flagler 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.
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. Flagler County, Florida, is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.).
Before execution of the Agreement by the County and commencement of the operations and/or services to be provided, and during the duration of the Agreement, the Contractor shall file with the County current certificates of all required insurance on forms acceptable to the County, which shall include the following provisions:
The Contractor shall require and ensure that each of its subcontractors providing services here under (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein.
Coverage Required – Unless otherwise specified, the Contractor shall, at its sole expense, maintain in effect at all times during the performance of the services insurance coverage with limits not less than those set forth below and with insurers and under forms of policies satisfactory to County.
Coverage
Minimum Amounts and Limits
Insurance carrier(s) must have a minimum financial rating of A-.
Coverage shall apply to the indemnity provided to Flagler County and shall include Flagler County its officers and employees, as additional insureds, as regards to liability arising out of the Contractor's performance of the work or the work performed by others on behalf of the Contractor under this Agreement. The insurance afforded to the County shall state that it is primary insurance and shall provide for a severability of interest or cross-liability clause. Prior to entering into the Agreement with the County, the Contractor shall furnish County with Certificates of Insurance (identifying on the face thereof the Project name and Agreement number) as evidence of the above required insurance and such Certificates shall include the following language: Flagler County BOCC as additional insured and an endorsement for which has been issued, subject to a requirement for recurring certificate of insurance every fifteen (15) days from the contract award date until, all obligations under the Contract/Agreement are completed.
Alternatively, in lieu of recurring certificates, the Contractor or Contractor may provide a certificate of insurance that contains a provision that coverage afforded under the policies will not be cancelled until at least thirty (30) days prior written notice has been given to the County, except that in the event of cancellation for nonpayment of premium the County shall receive notice as prescribed by state law (10 days). The cancellation clause should read as follows: “Should any of the described policies be canceled or material modified before the expiration date thereof, the issuing company will mail 30 day prior written notice to the certificate holder named below, except that in event of cancellation for nonpayment of premium, the notice shall be 10 days unless a longer time is prescribed by Florida Statute.”
The County will not maintain any insurance on behalf of the Contractor covering loss or damage to the work or to any other property of the Contractor.
None of the requirements contained herein as to types, limits and approval of insurance coverage to be maintained by the Contractor are intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by the Contractor under the Agreement.
The Contractor shall deliver the original Certificate of Insurance and one copy to the agent of the County.
Notices, in original and one copy, of cancellation, termination and alteration of such policies shall also be provided to the agent of the County.
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.
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 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 contract. 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 describe in this contract.
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 pursuant to Contractor's insurance. The Contractor's indemnification obligation shall survive the expiration or termination of the contract.
Any Proposal in response to this Invitation to Bid (ITB) shall be valid through August 30, 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 August 30, 2026.
Contractor shall save and hold the County harmless from any and all claims or actions by Contractor's subcontractor(s) for payment of monies such subcontractor claims to be owed by Contractor for Work performed under the contract. Nothing in the contract shall create any obligation on the part of the County to pay directly to any Subcontractors any monies due for Work performed under the contract.
For all licensed software or derivate works of the licensed software used by County under the resulting contract, Contractor agrees to protect, defend, indemnify, and hold harmless the County, its agents, elected officials and employees 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 contract to the contrary, nothing in this contract 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 contract 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.
Contractor covenants and agrees to the following provisions, as required by law:
The design professional shall indemnify and hold harmless the County, and its officers and employees, Florida Department of Emergency Management, its employees and/or their contractors (FDEM) and the government of the United States, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract.
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.
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 contract, 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 subcontractors 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.
The supplier/provider, without exception, shall indemnify and save harmless Flagler County, 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. If the supplier/provider 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.
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 Proposer to use or display County's Intellectual Property on Proposer's submittal documents or proposal (including any exhibits attached thereto) submitted to County by or on behalf of Proposer in response to this solicitation. The County has the right to redact the County Logo displayed on any Response.
Unless otherwise specified suppliers/providers 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.
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.
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 attorney's 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 Proposer 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 Proposer 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 Flagler County Board of County Commissioners by any other provision of the Solicitation/offer.
Results from the evaluation committee will be considered by the Flagler County Board of County Commissioners at a regular meeting after the evaluation process. This RFP is issued in accordance with and shall be governed by the provisions of the County’s Procurement Policy and Florida Statutes.
The Flagler County Board of County Commissioners reserves the right to make award(s) by individual sections, groups, all or none, or a combination thereof, with one or more proposers; to reject all proposals, or to waive any informality or technicality in proposals received as deemed to be in the best interest of the County.
The County reserves the right to award the Agreement to the Proposer(s) that the County deems to offer the best overall Proposal or solution, as defined in the solicitation section, Special Conditions - Evaluation Criteria. 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 Proposers and 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 Contract to the Proposer(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.
All Contractors awarded contracts from this Solicitation may, upon mutual agreement, permit any municipality or other governmental agency to participate in an 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).
County facilities are administrative facilities that provide services to the Flagler 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.
County shall have the right to audit the books, records, and accounts of Contractor and its Subcontractors that 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 the 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 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:
| Flagler County Board of County Commissioners |
| Human Resources/Risk Management Division |
| Address: 1769 E. Moody Blvd., Bldg. 2 |
| Bunnell, Florida 32110 |
| Telephone: 386-313-4035 |
| Fax: 386-313-4107 |
Once the contract 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 contract. After that period, any right to claims against the County by the Contractor concerning the contract are waived.
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 contract. The Contractor shall indemnify, defend and hold harmless the County and all its officers, agents, servants, and 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, sub-consultants, professional associates, agents, servants, or employees.
Pursuant to Section 287.05701, Florida Statutes, proposers are hereby notified that:
For the purposes of this paragraph, any services or products offered to public via the internet or online must comply with WCAG 2.0 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 contract, 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 2.0 AA, for online or internet Services or products.
Contractor must 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. 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. 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 Proposer (non-governmental entity) shall complete the included Flagler Human Trafficking Attestation Form in compliance with Section 787.06(13), Florida Statutes, (2024).
The County shall have the power to make changes in the contract as the result of changes in law and/or ordinances of Flagler County to impose new rules and regulations on the Contractor under the contract 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 Flagler County materially alters the obligations of the Contractor, or the benefits to the County, then the contract 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 contract. Nothing contained in the contract 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 contract, 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 contract under this clause.
The failure of the County or Contractor at any time to require performance by the other of any provision hereof shall in no way affect the right of the County or Contractor thereafter to enforce same, nor shall waiver by the County of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.
In the event of failure of the Contractor to deliver services in accordance with the contract terms and conditions, the County, after due written notice, may procure the services from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the County may have.
Neither party shall be liable for any failure or delay in the performance of its obligations under the contract 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 contract, 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:
The County endeavors to solicit offers from, award contracts to, and consent to subcontracts with responsible vendors and contractors only. To further this policy, the County asserts its authority to debar certain vendors 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 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 or contractors based on findings of non-responsibility on a case-by-case basis.
For the purpose of this Solicitation and evaluation of responses hereto the following shall apply:
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.
Figure 1:
| County Workdays | Contractor's Representative | County Representative |
| 10 | Contractor's Project Manage | County's Project Manager |
| 10 | Contractor's Sr. Vice President of Sales | Contract Compliance Officer |
| 20 | Contractor's COO or President | County Administrator |
Proposer acknowledges that the name and title of the signatory (the “Authorized Signatory”), as completed, is authorized to execute contracts/agreements with Flagler County, 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 Flagler County.
All answers to questions of substance will be publicly published via the County's eProcurement Portal, 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.
All responses accepted by Flagler County are subject to the County's Terms and Conditions. Any and all additional Terms and Conditions submitted by Proposer(s) are rejected and shall have no force and effect. Responses from the Proposer(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.
Personnel described in the proposal shall be available to perform the services as described. All personnel shall be the employees, or agents of the Proposer, and not employees or agents of Flagler County.
The selected Proposer may not make any assignments of their obligations resulting from this RFP without the prior written authorization of Flagler County.
It is prohibited for the Contractor or any agent acting at the behest of the Contractor to offer, give, or agree to give any Flagler County employee or former Flagler County employee, or for any Flagler County employee or former Flagler County employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, or to influence the content of any specification or procurement standard, render advice, investigate, audit, or act in any other advisory capacity to the County.
It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier sub-contractor or any person associated therewith, as an inducement for the award of a subcontract or order.
By submitting a proposal in response to this RFP, Contractor certifies that Contractor’s company is a drug-free workplace in accordance with Florida Statute 287.087.
Prospective Proposers, who feel the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must contact the Purchasing Division upon receipt of this Request for Proposals and prior to proposal opening. Specifications which are unrelated to performance will be considered for deletion via addendum to this Request for Proposals.
By submission of this proposal, the Proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this procurement:
It shall be a violation for any person, business or organization contracting with Flagler County to employ in any capacity, any former Flagler County employee or member of Flagler County employee's immediate family within one year of that employee's separation from employment with the County, unless the employer or the former County employee files with the County Clerk, the County’s Employment Disclosure Statement . The penalty for this violation may include disqualification of the proposal submission.
For any federally funded project, bidder agrees to register on SAM.gov if awarded a contract under this solicitation.
Please download the Bid Submittal form from the attachment section, complete and upload.
Please download the below documents, complete, and upload.
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 Flagler 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 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 Flagler County Human Trafficking Attestation Form in compliance with Section 787.06(13), Florida Statutes, (2024).
Download the attached form, complete, and upload completed form.
This may seem like a redundant question as you have already selected a template. However, to quickly enter the procurement/solicitation type automatically in multiple areas throughout the document without having to do so manually you need to confirm your procurement/solicitation here.
The selection you make here should be consistent with the selected template or you will need to start a new project/solicitation using the correct template.
Is there a pre-solicitation meeting that will occur?
If so, is this pre-solicitation meeting mandatory or non-mandatory?
Does local preference apply to this solicitation/project?
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
Is the "New Material" section in Special Terms and Conditions applicable to this solicitation?
Do any price redeterminations apply to this solicitation/contract?
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.
Is this an IT Project or Software procurement/solicitation?
Do Federal Provisions apply to this contract or project?
Do Federal Transit Administration (FTA) regulations as indicated in the FTA Master Agreement and Best Practices Procurement applicable to this project?
Are liquidated damages applicable to this project/contract?
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 bold wording below:
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 Flagler. This computed sum shall be: Five Thousand Dollars ($5,000.00) per day, including Saturdays and Sundays.
Is there a submittal bond required for this project?
What is the submittal bond dollar amount required for this project?
EXAMPLE:
$5,000
$10,000
$15,000
Is a Payment and Performance Bond required for this project?
Are "Brand Name or Equals" allowed on this project?
Does this project include Navigable Water activities?
Select all that apply for this solicitation/project.
Commercial General Liability
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? If yes, then select here.
Garage Liability
Only select this if Garage Liability is required in the Required Types and Limits of Insurance Chart.
Garage Keeper's Legal Liability
Only select this if Garage Liability is required in the Required Types and Limits of Insurance Chart.
Excess/Umbrella Liability
Select if Excess/Umbrella Liability is required in the Required Types and Limits of Insurance Chart.
Motor Vehicle Liability
Only select this if Automobile Liability is required in the Required Types and Limits of Insurance Chart.
Professional Liability
Only select this if Professional Liability is required in the Required Types and Limits of Insurance Chart.
Installation Floater
Only select this if Installation Floater is required in the Required Types and Limits of Insurance Chart.
Builder's Risk Insurance
Only select this if Builder’s Risk is required in the Required Types and Limits of Insurance Chart.
Contractor's Pollution Liability
Only select this if Contractor’s Pollution is required in the Required Types and Limits of Insurance Chart.
Transportation Pollution Liability
Only select this if Transportation Pollution Liability is required in the Required Types and Limits of Insurance Chart.
Pollution Liability
Only select this if Pollution Liability is required in the Required Types and Limits of Insurance Chart.
Crime Insurance
Only select this if Crime Insurance Policy is required in the Required Types and Limits of Insurance Chart.
Cyber Insurance
Only select this if Cyber Insurance is required in the Required Types and Limits of Insurance Chart.
Computer Software and Services (Technology) Errors and Omissions Liability
Only select this if Computer Software and Services Errors and Omissions Liability is required in the Required Types and Limits of Insurance Chart.
Protection & Indemnity
Only select this if Protection & Indemnity is required in the Required Types and Limits of Insurance Chart.
Marine/Vessel Pollution
Only select this if Marine/Vessel Pollution is required in the Required Types and Limits of Insurance Chart.
Aerial Applicator Aviation Insurance
Only select this if Aerial Applicator Aviation is required in the Required Types and Limits of Insurance Chart.
Worker's Compensation
Only select this if Worker's Compensation is required in the Required Types and Limits of Insurance Chart.
Employer's Liability
Only select this if Employer's Liability is required in the Required Types and Limits of Insurance Chart.
Will the County be renting any equipment for this project?
When/what date should proposals/bids/submittals continue to remain valid until? Specify a complete date, being sure to note Month, Day Year.
Example:
June 30, 2025
The design professional shall indemnify and hold harmless the County, and its officers and employees, Florida Department of Emergency Management, its employees and/or their contractors (FDEM) and the government of the United States, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract.
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.
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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