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Community Redevelopment Agency:

ITN : Riverside

Redevelopment

Palmetto, Florida

JBurton @Palmettofl.org

6/ 2/ 2014

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PALMETTO COMMUNITY REDEVELOPMENT AGENCY

PRESIDING OFFICER

Mayor Shirley Groover Bryant

BOARD OF COMMISSIONERS:

Tamara Cornwell

Jonathan Davis

Charles Smith

Tambra Varnadore

Brian Williams

ADVISORY BOARD MEMBERS:

Barbara Gaulien

Roberto Gonzalez

Sia Mollanazar

Betty Ann Price

McArthur Sellars

LEGAL:

Mark Barnebey

Scott Rudacille

STAFF:

Jeff Burton

Antoinette Kilgore

Robert Marble

Zachary Schwartz

Jenny Silverio

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TABLE OF CONTENTS

1. OVERVIEW 6

2. GENERAL PROPERTY INFORMATION 7

3. SURROUNDING AMENITIES/ ATTRACTIONS: 7

4. COMMUNICATION 7

5. DEADLINE 7

6. RESPONSE AND PROCESS DEVELOPMENT 7

7. TIMELINE FOR CONSIDERATION OF INVITATION TO NEGOTIATE 12

8. FINAL AGREEMENT 12

9. PURCHASE AND SALE TERMS. 13

10. RESPONSE SUBJECT TO CONTRACT FOR SALE AND PURCHASE. 13

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The City of Palmetto, Florida Community Redevelopment Agency is requesting responses fromqualified parties interested in the development of the CRA- owned parcels at 301 8th Avenue West.

The Scope of Services for this ITN is available from DemandStar by calling (800) 711- 1712 or byaccessing their internet address at www.demandstar.com. Vendors who obtain the scope of

services from sources other than DemandStar or the City of Palmetto Purchasing Department arecautioned that the submittal package may be incomplete. Addenda will be posted and disseminatedby DemandStar at least five days prior to the submittal date to all vendors who are listed on the

official list. The CRA may not accept incomplete responses.

Those individuals/ firms interested in being considered for ( ITN) are instructed to submit ten- ( 10)

hard copies, one ( 1) original and an electronic copy of their responses, pertinent to this projectprior to 2: 30 p.m. on September 1st, 2014, to the office of the Purchasing Agent, 516 8th AvenueWest, Palmetto, Florida, 34221. The ITN shall be received in a sealed envelope, prior to the timescheduled to receive responses, and shall be clearly marked ITN# 2014- 1. Qualified responses will

be reviewed and ranked by a selection committee.

A non- mandatory pre- response meeting has been scheduled for 9: 00 a. m. on August 9th, 2014, inthe Commission Chambers at City Hall, 516 8th Avenue West, Palmetto, Florida, 34221, for thepurpose of discussing the proposed project. All prospective respondents are encouraged to obtain

a copy of the ITN for this project before the pre- response meeting so that they may be prepared todiscuss any question or concerns they have concerning this project.

Questions regarding this ITN # 2014- 1 are to be directed, in writing, to Nixa Haisley atNHaisley@PalmettoFL.org or faxed to ( 941) 723-4576, during normal working hours.

Sincerely,

Nixa HaisleyPurchasing Agent

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The City of Palmetto Community Redevelopment Agency( CRA) is issuing this Invitation to NegotiateITN) for the purpose of soliciting qualified rea estate developers to purchase and develop the CRA

owned property located at 301 8th Avenue West The three parcels total approximately 3 018acres and are located in the City's Downtown District and is the west portion of the city gatewayconoiognorth off the Green Bridge hronoBradenton. The property isvvitbio the Cit/ sCommunityRedeve)opnoeotAcoaaodise| igiblebucCQAioceotives. 7beu)timnategom) istoc000troctaroixed'

useprVjectvvitbpublicparkiogtbatvviUnuaxio` izetbeec000coicpV1eotialoftbeaubjectproperty

and help catalyze other redevelopment efforts within the Downtown. The City s objective is toidentify a development team who can propose and implement a redevelopment and ownershipplan, including conceptual plans, a design process, financing, and construction strategy for thesubject property. Interested parties must agree to adhere to the submission requirements of thissolicitation in order to be considered.

The City of Palmetto is located in Manatee County( pop. 12, 606) on the west coast of Florida,located approximately forty( 40) miles south of Tampa, fifteen ( 15) miles south of Saint Petersburgand fifteen ( 15) miles north of Sarasota.. Palmetto is a city that offers unsurpassed economicdevelopment incentives, excellent government partnerships, beautiful riverfront vistas, outdoor

activities, and the excitement of friendly street festivals ( DeSoto Seafood Festival, Taste of Manatee,4th oflo\yPmstivalaudtbe0YolLiculturmlevenfJuly

As of the census of 2010, there were 12, 606 people, 4,891 households, and 3, 192 families residing

io the city. The population demait mnas2.88S/0iubabit mile o zinhabitants per

were 6, 729 housing units at an average density of 1, 529.4 per square mile (585. 13/ km2). The racialmakeup of the city was 72. 10% White, 10. 5% African American, 0.4% Native American, 0. 6% Asian,

0.0% Pacific Islander, 14.2% from other races, and 2. 2% from two or more races. Hispanic or Latino

of any race were 28.3% of the population.

There were 4' 891 total households: 3, 192 [ 65. 3%) family households and 1, 699 ( 34.7%) non-

family households. Of the 3, 192 family households 23. 4% had children under the age of 18 livingwith them, 47.4% were married couples living together, 5. 396 had a male householder with no wifepresent, and 12. 6% had a female householder with no husband present. Within all households,

28.1% were made up of householders living alone and 14.8% had the individual living alone andwas 65 years of age or older. The average household size was 2. 53 and the average family size was3. 07.

In Palmetto, the age distribution among the population includes 24.8%% being 19 years old andunder, 5. 6% from 20 to 24, 21. 6% from 25 to 44, 36.O9 hrocn45 to 64' and 33. O96vvbovvere 65

of older. The median 43. 1 For 1OOhn } there 100.012yearoo a# eorn ec ecop aoa mvva . years. orevery females erevver .

cnalen. Porwvery1OOmmalesage18andover, tberevvere98.G6 [ ecuales.

In 2000, the median income for a household in the city was $ 34,093, and the median income for a

family was$ 40,132. Males had a median income of$ 26,526 versus$ 21, 290 for females. The percapita income for the city was $ 17, 724. About 9. 5% of families and 13. 9% of the population were

below the poverty line, including 20.2% of those under age 18 and 6.0% of that age 65 or over.

On June 3rd, 2013, the City of Palmetto Community Redevelopment Agency authorized staff to issuean ITN for the subject area and to return with a purchase and sale contract and redevelopmentagreement for final approval.

2. GENERAL PROPERTY INFORMATION

The subject property is located on the Manatee River in the downtown core. The Downtown

District has an urban fabric of a traditional community consisting of small blocks and alleys andcontains restaurants, high- rise condominiums, a performing arts venue, diverse small businesses,social service organizations, churches and the world corporate headquarters of It Works! Global.

This site is located within across the street from the Manatee River. Maximum building coverage ofthe lot can be 100% with a maximum building height of 125 linear feet.

3. SURROUNDING AMENITIES/ ATTRACTIONS:

Palmetto Historic Park Manatee River Palmetto Bed and BreakfastDowntown Palmetto US 41 Sutton Park

Crusader Building Regatta Pointe Marina Manatee Memorial HospitalGreen Bridge Fishing Pier Riverside Boat Ramp It Works! Global

4. COMMUNICATION

All communications regarding this project, including questions related to this ITN shall besubmitted in writing to the Purchasing Agent by 2: 30 p.m. on September 1St, 2014.

Nixa HaisleyPurchasing Agent

City of Palmetto, Purchasing Department516 8th Avenue West

Palmetto, Fl 34221

941) 723- 4988

5. DEADLINE

Responses should be delivered prior to 2: 30 p.m., October 14, 2014.

6. RESPONSE AND PROCESS DEVELOPMENT

6. 1. Criteria for development

6. 1. 1. Responses shall be based on the City' s identified objectives for the site and will beevaluated on the following associated criteria:

6. 1. 1. 1. In order to maximize the economic development value of the site and

surrounding area, mixed-use development with quality uses, a minimum of Forty

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40) public weekend boat parking spaces with such spaces on the ground floorencouraged.

6. 1. 1. 2. Responses may include the development of surrounding properties as part of adevelopment plan. Evidence of a contract to purchase or proof of partnership

with current ownership is required if any of the surrounding parcels are to beincorporated into the development response.

6. 1. 1. 3. Compensation is expected for the CRA- owned property as the property will not

be leased.

6. 1. 1. 4. Maximization of Riverside Drive and 8th and 9th Avenues rights-of-way to allow

for streetscaping enhancements and on-street parking should be part of anydevelopment response.

6. 1. 1. 5. The architectural quality of the proposed structures should be superior tosurrounding properties and consistent with the requirements of the CRADowntown Redevelopment Code.

6.1. 1. 6. The response should include the exploration of providing for a parking garage.The project timeline and construction must be defined as part of any response asnoted below:

6. 1. 1. 6. 1. A contract for sale and purchase shall be prepared within 120 days of

selection by the selection committee negotiation team.6.1. 1. 6.2. A$ 50,000 dollar deposit shall be required at the time that a contract for

sale and purchase is approved by the CRA Board.6. 1. 1. 6.3. A final redevelopment agreement shall be prepared within 180 days of the

approval of the contract for sale and purchase by the CRA Board.6. 1. 1. 6.4. The balance of the negotiated purchase price shall be paid upon closing 30

days after the approval of the final redevelopment agreement.

6.1. 1. 6. 5. The project must be able to obtain building permits and start construction

within a reasonably negotiated time frame, not to exceed 24 months fromcontract for sale and purchase approval.

6. 1. 1. 6.6. Should construction of the project not be initiated within the negotiated

time frame or any other provision of the contract for sale and purchase orfinal redevelopment agreement not be adhered to, the CRA shall have the

right to buy back the parcel at a reduced predetermined rate.6. 2. Responses for development

6.2. 1. responses must include the following:6.2. 1. 1. A detailed development plan that outlines the mix of uses proposed for the site

and the number of public parking spaces and clearly articulates the added value

to the surrounding area.

6.2. 1. 2. A pro forma must also be provided.

6. 2. 1. 3. Proposed financial compensation for the sale of the property and information

regarding project financing.

6. 2. 1.4. Name of entity or corporate name submitting response with name, address, and

phone numbers of officers and directors, if any.

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6.3l5. Resumes of principal porsouoe\ ( professional experience time with firm

responsibilities, representative p jects) and sub- consultants that will be part of

the team, including the name and resume of the proposed project manager whowill be committed to the project.

6. 2. 1. 6. Nature and type of business or organization with brief history.0. 2. 1. 7. A portfolio, with sufficient detail that shows plans and other pertinent

information for comparable projects, including project budgets, pro formainformation, and references for projects completed within the past ten ( 10)

years. Project references for each project must be included.

6. 2. 1. 8. Financial information for the respondent which could consist of audited

financial statements, bank and credit references and/ or SEC filing for publiccompanies.

6. 2. 1. 9. Responders must be able to demonstrate capacity to effectively market theproposed project, and have a track record of high-quality design, experience in

public/ private partnerships and an understanding of the challenges and

opportunities inherent in developing in an urban environment. Any otherpertinent information, including the identification of any and all inducements

requested from the City of Palmetto and/ or CRA.6. 3. Development timetable

6.3. 1. The respondent should propose a master timetable that is comprehensive and

achievable to allow for community engagement, development review process, siteenvironmental rehabilitation, construction, and occupancy. In the ultimate

transactional documents, the selected respondent will be expected to commit to anysuch schedule agreed upon by the CRA and the selected respondent.

6.4. Submission of response

6.4.1. Qeapooaeockuovvledgozmo1:

6.4.1. 1. By submitting a response, the respondent certifies that it has accomplished thefollowing:

6.4. 1. 1. 1. Fully read and understands these materials and all associated addendaand documents;

6.4.1. 1. 2. Complete knowledge of the scope, nature, costs and quality of work to beperformed;

6.4. 1. 1. 3. Agreed to all of the terms and conditions of this ITN.

6.4.2Jotervievvo:

6. 4.2. 1. The CRA reserves the right to conduct personal interviews or require

presentations on all respondents prior to selection. The City/ CRA will not be

liable for any costs incurred by the respondents in connection with suchinterviews/ presentations ( i. e. travel, accommodations, etc.)

6.4.3. Requests for modification:

6.4.3. 1. The CRA reserves the right to request that some or all of the respondents modify

their responses to more fully meet the needs of the CRA.6.4.4.Request for additional information:

6. 4.4.1. The respondents shall furnish such additional information as the CRA may

reasonably require as requested. This includes information which indicatesfinancial resources as well as ability to perform.

6.4.4.2. The CRA reserves the right to make investigations of the qualifications of the

respondents as it deems appropriate, including but not limited to, a backgroundinvestigation conducted by the Palmetto Police Department or other appropriategovernmental agencies.

NOTE: It is the qualified respondent's responsibility to ensure that they arefullyinformed ofany and all site conditions prior to submittal of responses. Such factorsmust be incorporated, including the financial feasibility to rectify these conditionsas part of the respondent' s Response.

6. 5. Negotiation process

6. 5. 1, The negotiation process is as follows:

6. 5. 1. 1. Reservations as to mode of negotiations:

6. 5. 1. 1. 1. The CRA reserves the right to negotiate concurrently or separately with

two or more competing respondents, to combine competing responses and

to finalize or terminate the negotiations process at any time in the responseprocess that the CRA determines, in its sole judgment, which such action

would be in the best interest of the CRA.

6.5. 1. 1. 2. All negotiations shall be conducted in the manner, time, place and scope as

determined in CRA's sole discretion.

6. 5. 1. 1. 3. The CRA shall have the right, in its sole discretion to select from among theshort listed responders( identified as provided below) for negotiations.

6. 5. 1. 1. 4. No short listed responder shall have the right to participate in negotiations

if not selected to do so by the CRA.

6.5. 1. 1. 5. The CRA shall have the right to terminate negotiations with anyrespondent at any time.

6. 5. 1. 1. 6. No respondent selected for negotiations shall have the right to present

supplement or alternative responses or terms, except as expressly provided

herein or as expressly requested and approved by Selection Committeeand/ or purchasing agent in writing during the negotiation process.

6. 5. 1. 1. 7. No respondent shall have the right to negotiate the same terms as another

or be provided knowledge of another party's status or terms by the CRA,nor to present a best and final offer, unless directed by CRA in its solediscretion.

6.5. 1. 2. Reservations as to rejection and waiver.

6. 5. 1. 2. 1. The City reserves the right to reject any and all replies pursuant to thisInvitation to negotiate, if determined such action is in the best interest of

the CRA.

6. 5. 1. 2. 2. The CRA reserves the right to waive minor irregularities in submitted

replies.

6.5. 1. 3. Selection and negotiation process.

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6. 5. 1. 3. 1. The CRA, or its des selection committee, will interview qualified

respondents for the site based on the following requirements:6.5. 1. 3. 1. 1. The extent of the response to the information requested in the uN

and how it addresses the purpose of the criteria for development.

6. 5. 1. 3. 1. 2. Responsiveness of proposed development plan to goals and

objectives outlined by the CRA.

6. 5. 1. 3. 1. 3. Compatibility of proposed development plan with surrounding landuses and businesses.

6. 5. 1. 3. 1. 4. Strength of development team, including financial strength,experience and resume of proposed key personnel.

0.5. 1. 3. 1. 5. Quality of marketing plan, where such a plan is appropriate.6. 5. 1. 3. 1. 6. Quality of proposed development, based on initial design.

8.5. 1. 3. 1. 7. Strength of proposed financing plan, the financial capacity toimplement the project proposed in the submittal.

6. 6. Process

6.6.1. Step 1: Interested parties must submit a written response containing all theinformation requested in this ITN.

6. 6. 2. Step 2: The CRA' s selection committee will evaluate the responses received based on

the criteria list beginning at 6. 1, with the intention of short- listing qualified responsesif more than one submittal is judged to be qualified. There is no requirement, implied

or intended, for a specific number of responses to be on the short list.

6. 6. 3. Step 3: Each short-listed respondent will be asked to provide an oral presentation to

the selection committee and participate in a question/ answer session regarding therespondent's capabilities, technical response and fivaocia\ response. The date, time

and duration of each presentation and session will be set in writing by the Purchasingagent prior to the presentations and sessions. These meetings will be used to share

information, exchange innovative ideas, clarify concepts, and improve understandingabout the CrtA' s needs and expectations, and the capabilities and response of each

respondent. Respondents are not limited to the terms of their responses during thequestion/ answer session.

6.6.4.Step 4: Following presentations by all short- listed respondents, CRA will considerrevising the ITN, as advisable or necessary, in its sole discretion, to eliminate

unnecessary requirements and incorporate innovative ideas and approaches that the

selection committee believes would benefit the CRA. The selection committee may ormay not continue to negotiate with any or all of the short- listed respondents. If theselection committee discontinues negotiations with a short- listed respondent then

that firm will be removed from the short-list.

6. 6. 5. Step 5: One or more of the short- listed respondents may be directed in writing tosubmit a sealed best and final response in response to a revised ITN and/ or to submit

a sealed final financial response by a date and time set forth by the purchasing agent.Any respondent that fails to provide a sealed best and final response or sealed final

financial Response by such deadline, as directed, may be deemed to have withdrawnits Response and the Selection Committee and/ or CRA may elect in its sole discretion

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to cease further consideration of that respondent for negotiation or award of a

contract.

6.6.6. Step 6: After considering any best and final response and/ or final financial responsesubmitted in Step 4 and 5, the purchasing agent shall notify the short-listedrespondent or respondents selected for negotiations of the dates and times to meet

with the Selection Committee negotiating team to negotiate respondent's responses

and discuss any issues or problems. The selection committee negotiating team mayexercise all discretion as provided by law or as set forth in this solicitation. Theselection committee negotiating team may prepare such evaluations of therespondents' technical approach, capabilities and financial response as they deem

appropriate. After conducting such negotiations as it deems appropriate, the selectioncommittee negotiating team will make a final recommendation to the CRA Board ofDirectors.

6. 6. 7. Step 7: Post- Notice of response action. The respondents are given time in which toprotest the award in accordance with City policy.

6.6.8.Step 8: The purchase and sale contract recommended by the selection committeenegotiating team will be presented to the CRA Board of Directors for approval. TheCRA Board of Directors reserves the right to direct that further or alternative

negotiations be undertaken, and may undertake such negotiations itself or throughalternative representatives.

6. 6.9. Step 9: Should the respondent selected for contract award fail to execute the contract,or default in its performance, the CRA may elect to offer the same or equivalentcontract terms to another short-listed respondent or to conduct negotiations with any

respondent or respondents that has submitted a timely reply in accordance with the

Invitation to Negotiate or any subsequent related solicitation.

NOTE: All costs incurred by respondents associated with any submittal in response to thisITN are the sole responsibility ofthe respondent.

7. TIMELINE FOR CONSIDERATION OF INVITATION TO NEGOTIATE

Date Action

August lst 2014 Issuance of Invitation to Negotiate

September 1st, 2014 Pre- Response Information Session @ 10: 00 am

October 1st, 2014 Response Due Date @ 2:30pmOctober- November, 2014 Selection Committee review, rank& select top respondent(s)November- December, 2014 Discussions by Selection Committee with top respondent( s)December, 2014 Negotiation with top respondentTBD Recommendation presented to Community Redevelopment

Agency Board for consideration

8. FINAL AGREEMENT

8.1. Any development and disposition of the subject property shall be subject to suchrestrictions, covenants, conditions and obligations, including covenants running with the

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land, necessary and appropriate to prevent slum or blighted areas and to carry out thepurposes of the CRA and the CRA Downtown Commercial Development Code.

8. 2. The CRA may accept such response as it deems to be in the public interest in furtherance of

the purposes of the CRA and Downtown Master Plan, and reserves the right to reject any

and all responses and waive any minor irregularities. Terms and conditions will be

negotiated and are ultimately subject to CRA Board of Directors approval.

9. PURCHASE AND SALE TERMS:

9. 1 A contract for sale and purchase will be prepared by the CRA Attorney to conform to thenegotiations between the selection committee negotiation team approved by CRA Board ofDirectors and the selected respondent.

9. 2 The contract for sale and purchase will allow the respondent, at their sole cost and expense,

to perform environmental assessments or tests on the property subject to negotiated

limitations at the time.

9. 3 Any and all environmental assessments or tests, and any remediation or cleanup work

necessary, will be paid for by the respondent or buyer.9.4 The respondent or buyer will be responsible for paying all costs associated with the

purchase of the property, including but not limited to, due diligence investigations and tests,closing costs, survey, title insurance, recording fees, etc.

10. RESPONSE SUBJECT CONTRACT FOR SALE AND PURCHASE:TO ,~.~^. ~~,~~~.~ ~ .~~~ ..-~_ ' ''-- - _ _-_-__

10. 1. Response Award Subject to contract for sale and purchase.

10.1. 1. This ITN and the associated process seeks to select a respondent who meets the

city's requirements and expectations, capable of purchasing and redeveloping thesubject property pursuant to the terms of this ITN.

10.1. 2. Once a respondent or respondents is/ are selected pursuant to this ITN process, the

CRA expects to enter into negotiations aimed at arriving at a contract for sale and

purchase with the selected respondent, in the form mutually agreeable to the parties.

10. 1. 3. The award of the ITN is subject to the subsequent negotiation and execution of a

contract for sale and purchase of the property with the selected respondent.

10. 3. Failure to Sign Contract:

10. 2. 1. It is understood that, if the selected respondent fails to execute a contract for sale

and purchase with the CRA, ( within negotiated timeframe), the CRA may, in its sole

discretion, give written notice to the initially selected respondent either extending the

negotiation period or terminating negotiations, after which the CRA may elect, but isnot obligated to do so, again in its sole discretion, to select another respondent and

enter negotiations with that party without obligation to the initially selectedrespondent.

10. 3. Subject to these terms

10. 3. 1. All responses submitted are subject to the terms and conditions specified herein.

Those, which do not comply with these conditions, are subject to rejection. Theseterms and conditions are subject to the order of precedents of this document.

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10.4. Order of precedents

10. 4.1. If a conflict arises between these" terms and conditions", the following ORDER OFPRECEDENTS will apply:

10.4.1. 1. Florida state law as applied to municipal purchasing in accordance with TitleXIX," Public Business", Chapter 287" Procurement of Personal Property andServices".

10.4. 1. 2. Special conditions and supplemental Instructions

10.4. 1. 3. City of Palmetto purchasing policy and ordinances10.4.1.4. Detailed scope of work

10.4.1. 5. These terms and conditions

10. 5. Contract forms

10.5. 1. Any agreement and/ or contract resulting from the acceptance of a response shall bein a form as approved by the CRA.

10.6. Response delivery and submission requirements and communication10.6. 1. Response documents shall be submitted as one original, ten printed copies, and one

electronic copy on the ITN forms provided by the CRA.10.6.2. The electronic copy should include any response spreadsheet as provided by the

CRA. The electronic copy should include one consolidated PDF file that contains theentire response.

10.6.3. All blank spaces in the ITN forms shall be filled in legibly and correctly in ink. The

Responder shall specify the price per unit of measure and the extended total, or the

lump sum response price if such is called for, for each scheduled item of work as wellas the total price for the entire work under the contract.

10. 6. 4. If an individual or company submits the response, they shall sign their name thereinand state their name and address as principal. If a corporation submits the response,

an authorized officer or agent shall sign it, subscribing the name and address of the

corporation along with their own name and affixing the corporation seal. The companyname and F.E.I. N. number shall appear on the ITN form.

10.6.5. Any responses received after the stated time and date will not be considered. It shallbe the sole responsibility of the responder to have their responses delivered to theCity' s purchasing agent prior to the stated time and date. If a response is sent by U. S.Mail or delivery service, the responder shall be responsible for its timely delivery tothe City's purchasing agent. Responses delayed by mail or delivery service shall not beconsidered, shall not be opened at the public opening, and arrangements shall be madefor their( unopened) return at the responder's request and expense.

10.6.6. Confidential response information- If information is submitted with the response

documents that are deemed" confidential" then the responder must stamp those pages

of the response that are considered confidential. Responder must provide

documentation as to why these documents should be declared confidential inaccordance with Chapter 119," Public Records" exemptions.

10.6. 7. ITN Opening:

10.6. 7. 1. Response opening shall be publicly opened on the date and at the timespecified on the ITN. It is the responder' s responsibility to assure that their

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response is delivered at the proper time and place for the ITN opening.responses, which for any reason are not so delivered, will not be considered.

Offers by fax or telephone are not acceptable. A response may not be alteredafter the opening of the responses.

10. 6.7. 2. All response documents shall be submitted in writing, signed by the responderor the responder' s duly authorized agent, and shall be mailed or delivered to theoffice of the purchasing agent prior to the date and time scheduled for the

opening of responses.

10.6.7. 3. Response documents shall be sealed in an envelope and shall be clearlymarked with the words ' ITN documents' and show the project name and

number, name and address of the responder, and date and time of the scheduled

ITN opening. An ITN label is provided in the form section for the vendor'sconvenience.

10.6.7.4. The purchasing agent or their designee shall publicly open, in the presence of awitness, all response documents at the time and place specified in the ITN.

10.6.8. A responder may withdraw a response any time prior to the opening of theresponse. After responses are opened, but prior to award of the contract by the CRABoard of Directors, the CRA Board of Directors may allow the withdrawal of aresponse because of the mistake of the responder in the preparation of the response

document. In such circumstance, the decision of the community redevelopmentagency Board of Directors to allow the response withdrawal, although discretionary,shall be based upon a finding that the responder, by clear and convincing evidence, hasmet each of the following four tests:

10.6.8.1. The responder acted in good faith in submitting the response,10.6.8.2. The mistake in response preparation was of such magnitude that to enforce

compliance by the responder would cause a severe hardship on the responder,10.6.8.3. The mistake was not the result of gross negligence or willful inattention by the

responder;

10.6.8.4. And the mistake was discovered and was communicated to the purchasing

agent prior to the CRA Board of Directors having formally awarded the contract.

10. 6. 9. Any contractor/ vendor or subcontractor that will have access to City facilities orproperty may be required to be screened to a level that may include but is not limitedto; fingerprints, statewide criminal and juvenile records check. There may be fees

associated with these procedures. These costs are the responsibility of thecontractor/ vendor or subcontractor.

10. 7. Response setup

10.7. 1. Responses must be submitted in a 3 ring binder unless otherwise stated in thespecial or supplemental Conditions. Binder must not be larger than 2" in thickness.

Response is limited to a maximum of no more than 150 single sided pages. Pages must

be numbered to verifi quantity. Tab dividers are excluded from the page count.Response must have a front cover that contains the following:

10. 7. 1. 1. Company name;10. 7. 1. 3. Number and title of the ITN;

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10.7. 1. 3. Due date of response,

NOTE A total ofone original and five printed copies need to be included Thisinformation should be included on the front cover. Example: ORIGINAL or COPY 1

of10 etc... Include 1 electronic copy on a compact disk( CD) or a flash drive.Electronic copy should include any response spreadsheets as provided by the CITY.Electronic copy should include a consolidated copy ofthe Response in one PDFfle.

10. 7. 2. Tab I Executive Summary( Category 1)10.7.2. 1. One page summary of what you are proposing on the contract.

10. 7.3. Tab II Qualifications( Category 1)

10.7.3. 1. Company Information

10. 7. 3. 1. 1. A brief company history.

10.7.3. 1. 2. How many years has your organization been in business as a provider ofthe products and services you' re proposing to offer under this solicitation?

10. 7. 3. 1. 3. How many years has your organization been in business under its'present business name?

10. 7. 3. 1. 4. Location of the Consultant' s office and location of the office where the

project will be produced. Include the name and titles of those members of

the project team that are permanently assigned to the project office.

10.7. 3. 1. 4.1. How many years at this present project location?10.7. 3. 1. 4.2. How many full time employees?10.7.3. 1. 4.3. How many years at prior project location?10. 7. 3.1. 4.4. Is work to be shared amongst employees working out of different

Responder office locations? If so, what is the allocation of personnel

and related work they are to perform?10.7. 3. 1. 5. Under what other or former names has your organization operated?

10.7. 3. 1. 6. If your organization is a corporation, answer the following:10.7. 3. 1. 6.1. Date of incorporation

10.7.3.1. 6.2. State of incorporation

10. 7. 3. 1. 6.3. President's name

10.7. 3.1. 6.4. Vice-President's name( s)

10.7. 3. 1. 6.5. Secretary' s name10.7. 3.1. 6.6. Treasurer's name

10. 7. 3. 1. 7. If your organization is a partnership, answer the following:10.7. 3.1. 7. 1. Date of organization

10. 7. 3. 1. 7. 2. Type of partnership ( if applicable)10.7.3. 1. 7. 3. Name( s) of general partner( s)

10.7.3. 1.8. If your organization is individually owned, answer the following:10. 7. 3. 1. 8.1. Date of organization

10.7.3.1. 8.2. Name of owner

10.7. 3. 1. 9. If the form of your organization is other than those listed above, describe

it and the name of the principals.

10.7. 3. 1. 10. Financial Responsibility.

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10. 7. 8. 1. 10. 1. Form of business, i. e., proprietorship partnership, corporation;years in business, changes in ownership; bank reference; any otherinformation the applicant may wish to supply to verify financialresponsibility. Unless there is a clear statement that thevendor/ contractor is a joint venture, it will be assumed the firm

shown on the transmittal letterhead will be the prime

Contractor/ Vendor with whom the CRA would contract and all other

firms shown as team members would be sub- consultants.

10. 7. 3. 1. 11. Experience

10. 7. 3. 1. 11. 1. Experience of your company or firm with the services, products orcombination thereof as stated in the scope of work or specification.

10. 7. 4. Tab III Key Personnel ( Category 2)

10. 7.4. 1. For the key individuals who will be marketing, consulting, estimating,coordinating, supervising and managing before, during and after-sales services,warranty, maintenance, and support services offered in response to this

solicitation, in your response, provide a listing of and the qualifications of thesekey individuals.

10. 7. 4.2. Provide the name, title, qualifications and experience in the area( s) of

service( s) that they will be providing. Include awards, certification, membershipin professional organizations and licensing.

10. 7. 4.3. Resume may be included but key personnel qualification sheets are limited to1 page per employee.

I0.7. 4.4. Max number of key personnel is ten.10. 7. 4.5. Provide organizational plan for management of project( s).

1U. 7. 4.5. l. A proposed relationship between key members and support staff andaspects of work each will be responsible for working.

10.7.4.6. Identify all contractors and sub- contractors to be used on project( s).10. 7. 4. 6. 1. Describe work experience, field( s) of specialization, educatioo, and

certifications.

10. 7. 5. Tab IV. Service ( Include similar projects) ( Category 3)10. 7.5. 1. Describe your service facilities in terms of square feet, service equipment,

number of technicians, and inventory in stock, and service response time.

10. 7.5. 2. In comparing previous similar projects your organization is involved with orhas completed, do you see any areas where your organization possesses uniqueexperience, resources, product offerings, personnel or other service reputation

that should be considered with your ability to provide timely, quality product or

services for the City of Palmetto?

10. 7. 5. 3. Number and size of relevant projects currently being performed, personnelassigned to and stage of completion of such project, status of each project relative

to completion schedule.

10. 7. 5. 4. Provide a description and dollar amount of any and all projects, which havebeen done, or currently being done during the past five- ( 5) years for the City ofPalmetto.

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10.7. 6. Tab V. References 3)

l10.7. 6.1. Complete Form# 8 Provide a minimum of four( 4) references that include the

institution name, address, phone number, email, and contact's name and

position.

10.7. 6.2. Complete and provide to reference contacts Form# 9:

10.7.6.2. 1. Complete" Section 1" prior to providing form# 9 to references. EnterR* a ouderuamoeand descrip project Responder

reference.

10.7.6.2. 2. The reference should complete Section 2 and return directly to the City ofPalmetto.

10. 7. 6.2.3. Form# 9 should not be returned by Responder. A minimum of 3reference responses must be returned no later than 7 calendars days after

opening date NOTE: meuon^ mmay nnokeyourreference

connpoqynon- respmnnwe.

10.7.6.3. You may include in this tab:

10. 7. 6.3. 1. Letters of recommendation by other references in this tab.10.7. 8.3. 3. List of completed p jects similar in scope to p ject under

consideration, references to include owners' contact person, telephone

number and email.

10. 7. 6.3. 3. Any outstanding accomplishments of the firm that relates to the specificservices being sought.

10.7. 6.3.4. Also to be included is any Quality Assurance and Value EngineeringPrograms.

10. 7. 7. Tab VI. Response Requirements ry 4)10.7. 7. 1. State how you pl n to provide your product or service based on the evaluation

criteria and specifications list in the Invitation to Negotiate.

10.7.8. Tab VII. Required Forms ( Category 5 and 6)10.7.8.1. City forms listed under Part I of the Invitation to Negotiate.

10.7. 9. Tab VIII. Pricing Response ( Category 7. If pricing is included)10.7.9.1. This is only included if the evaluation criteria requires a score based on price.

The Tab is not required for CCNA.

10.8. Clarification& addenda

10.8.1. For information or questions concerning this ITN, contact the City of PalmettoPurchasing Division, 1565 First Street, Room 205, Palmetto, Florida 34221, phonenumber( 941) 954-4151, unless otherwise noted in the specifications. After the

issuance of the Invitation to Negotiate ( ITN), prospective Responders or any agent,representative or person acting at the request of such Responder shall not have anycontact, communicate with or discuss any matter relating in any way to the ITN withany Commissioner, agent or employee of the CITY other than the Purchasing Manageror their designee. This prohibition begins with the issuance of any Invitation toNegotiate( ITN), and ends upon execution of the final contract or when the invitation

or request has been cancelled. If it is determined that improper communications were

conducted, the Contractor/ Vendor maybe declared not responsible.

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10.8.3. Detailed s ifications describe the commodities, services or construction services

to be acquired by the CITY. To be considered for award a Response must comply in allmaterial respects with the specifications. No alternate responses or deviations from

the specifications will be accepted unless requested in the specifications or ITN formand as approved through written addendum.

10.8. 3. Each Responder shall examine all Invitation to Negotiate ( ITN) documents and shall

judge all matters relating to the adequacy and accuracy of such documents. Anyinquiries, suggestions or requests concerning interpretation, clarification or additionalinformation pertaining to the Invitation to Negotiate ( ITN) shall be made in writing,submitted and received at least eight( 8) calendar days prior to the date when

responses are due; to the City of Palmetto Purchasing Division.10.8.4. The CITY shall not be responsible for oral interpretations given by any CITY

employee, representative, or others. Every request for interpretation of the meaningof the plans, specifications or any contract documents, or for correction of anyapparent ambiguity, inconsistency or error therein, shall be in writing, addressed tothe Purchasing Manager. The issuance of a written addendum by the City's PurchasingDivision is the only official method whereby interpretation, clarification or additionalinformation can be given. If any addenda are issued to this Invitation to Negotiate

ITN), the CITY will attempt to notify all prospective Responders who have secured

same; however, it shall be the responsibility of each Responder, prior to submittingtheir Response, to determine if addenda were issued and to make such addenda a part

of their Response. Acknowledgement to addenda receipt will be noted by eachResponder in the space provide on Form# 1, ITN Form located in the Forms Section,

Part I.

10.8.4.1. Should the responder find discrepancies in or omissions from the drawings

and specifications, scope of work, or other documents attached hereto or should

they be in doubt as to the meaning, they should at once contact the PurchasingDivision and obtain clarification prior to submitting a response.

20.8.5. Governmental Restrictions

10.8. 5. 1. In the event any governmental restrictions may be imposed which would

necessitate alteration of the material, quality, workmanship or performance of

the items offered in this ITN prior to their delivery, it shall be the responsibility

of the supplier to notify the Purchasing Division at once, indicating in their letteror email the specific regulation which required an alteration. The CITY reserves

the right to accept any such alteration, including any price adjustments

occasioned thereby, or to cancel the contract at no further expense to the CITY.10.9. Response expense

10.9. 1. Responders shall bear all costs and expenses incurred in developing, preparing, and

submitting responses.

10. 10. Irrevocable offer

10.10. 1. Any response may be withdrawn until the date and time set for opening of the

Response. All withdrawals must be requested in writing via email, letter, or FAX. Any

Response not so withdrawn shall, upon opening, constitute an irrevocable offer for a

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period of one hundred and eighty( 180) days to sell to the CITY the goods or servicesset forth in the attached specifications. For the Responders convenience a withdrawal

form has been provided in the Forms Section, ( Form# 19, ITN Withdrawal Request)

10.11. Reserved rights

10. 11. 1. The CITY reserves the right to accept or reject any or all responses, in whole or in

part, for any reason whatsoever, to waive minor irregularities and technicalities, andto request resubmission. Also, the CITY reserves the right to accept all or any part of

the Response and to increase or decrease quantities to meet additional or reduced

requirements of the CITY. Any sole response received by the submission date may ormay not be rejected by the CITY depending on available competition and currentneeds of the CITY.

10.11. 2. To be responsive, a Responder shall submit a Response which conforms in all

material respects to the requirements set forth in the Invitation to Negotiate ( ITN). To

be a responsible Responder, the Responder shall have the capability in all respects to

perform fully the contract requirements, and the tenacity, perseverance, experience,integrity, reliability, capacity, facilities, equipment, and credit which will assure goodfaith performance Also, t Cl reoern mtb rio6 onza eao hioveo1ieatoo, asitright investigation,

deems necessary to determine the ability of any Responder to deliver the goods orservice requested. Information the CITY deems necessary to make this determinationshall bo provided bn the Responder. Such iubmrnuabpnruayinclude, but shall not bm

limited to: current financial statements, verification of availability of equipment andpersonnel, and past performance records.

10. 11. 3. Unless otherw se stated in this ITN specification, any contracts resulting from thisITN are non-exclusive. The CITY reserves the right, in its sole opinion, to purchase

ondsor emic mUmL d imtbimlTNtbr u btb 8tat nfF\orid Coot ac{ oContracts,

cooperatives, other current government contracts, and non-profit contracts as

provided in the City of Palmetto Purchasing Policy. The CITY reserves the rights tosolicit separate requirements that are a portion of a larger contract as a whole.

Additionally, at the CRA' s sole option, additional contracts may be entered into as aresult of such situations as unusual volumes, time/ delivery requirements, specialceguirenmeots, other braods, lmaae, yro' eo1speci creguirerueotm, ncsiroDarsituadooa.project

10.11. After award of this ITN, the CITY reserves the right to add or delete items/ services

at prices to be negotiated ettbetimueofadddjouordeletoo. Atcoutractneuevva

time( s) or in the event of significant industry wide market changes the CITY maynegotiate justified adjustments such as price, terms, etc., to this contract when the

CITY, in its sole judgment, considers such adjustments to be in the best interest of the

CITY. The City of Palmetto may or may not require the prospective responder toparticipate in negotiations and to submit additional technical information or other

revisions to their Response as may result from the negotiations.10.11. 5. If the contract awarded as a result of this ITN is terminated, the CITY reserves the

right to go to the next lowest responsive Responder with the balance of the contract,

unless otherwise stated in the ITN specification.

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10.11. 6. The City of Palmetto reserves the right to refuse to award to any Responder basedupon prior contractual relationships between that Responder, or a substantiallyrelated person or entity, and the CITY. This shall include, but is not limited to,

situations in which the Responder or, a substantially related person or entity, has hadits contractual relationship with the CITY terminated or issued notice of default withinthree ( 3) years of the date of the issuance of this Invitation to Negotiate ( ITN).

10. 11. 7. The City reserves the right, in the sole opinion of the City, to require oralpresentations or discussion from all selected respondents, at the discretion of the

Evaluation Committee, derived from the evaluation and selection process herein

described during any stage of the evaluation and/ or selection process.10.12. Professional standards

10.12. 1. The successful Responder shall covenant and agree that it and its employees have

complied with the Florida Statutes pertaining to the licensing of employees, asapplicable

10. 12. 2. In the event the successful Responder shall be placed in any form of bankruptcy ormake an assignment for the benefit of creditors, the CRA Director may declare thesame a default of the agreement which may be terminated pursuant to these termsand conditions.

10. 13. 3. Section 287.055( 6) ( a), Florida Statutes, requires the following provisions to bemade a part of the Agreement.

10.12. 3. 1. The successful responder warrants that it has not employed or retained anycompany or person, other than a bonafide employee working solely for thesuccessful Responder, to solicit or secure the agreement, and that it will not payor agree to pay any person, company, corporation, individual or firm other than a

bonafide employee working solely for the successful Responder any fee,commission, percentage, gift or other consideration contingent upon or resulting

from the award or making of the agreement. For breach or violation of thiscondition, the CRA Director shall have the right to terminate the agreement

without liability and at his discretion to deduct from the agreement price ofotherwise recover the full amount of such fee, commission, percentage, gift or

consideration.

10.13. Applicable laws

10.13. 1. Responders must be authorized to transact business in the State of Florida. Copy ofthe Registration Certificate and information should be submitted with Response, but is

not required (see Part III of the forms package, Sample# 1). Registration must be

completed before a contract can be signed. Applicable provisions of all federal, state,

county and local laws and of all ordinances, rules and regulations shall governdevelopment submittal and evaluation of all responses received in response hereto

and shall govern any and all claims and disputes which may arise between person( s)

submitting a response hereto and the City of Palmetto, by and through its officers,employees and authorized representatives, or any other person, natural or otherwise

and lack of knowledge by any Responder shall not constitute a cognizable defenseagainst the legal effect thereof. This includes and revisions or as amended thereof.

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Any involvement with the City of Palmetto shall be in accordance with but not limitedto:

10.13. 1. 1. City Administrative Regulation and Ordinances10.13. 1. 1. 1. City of Palmetto Procurement Ordinance10. 13. 1. 1. 3. Florida State Statues

10. 13. 1. 1. 3. Pursuant to Florida Statutes Section 119.071, Public Records, General

exemptions from inspection or cop ing of public records, sealed responses

received by the CITY. Pursuant to this solicitation are exempt from s.119.07( 1) and s. 24( a), Art. I, of the Florida Constitution, until such time as

the agency provides notice of a decision or intended decision pursuant to s.1l9.O71( 2lorvvitbiu3Odayaaftor0mmpnoseopooin mhicbeverisearUer

10.13. 1. 1. 4. It shall be the responsibility of the Responder to assure compliance with

all other federal, state, county, or city codes, rules, regulations or other

requirements, as each may apply.

10. 14. Disclaimer of joint venture

10.14. 1. The successful Responder and City shall warranty and represent that by theexecution of an agreement it is not the intent of the parties that the agreement be

construed or deemed to represent a joint venture or an undertaking between City and

the successful Responder. The successful Responder shall be solely responsible for the

conduct of all activities and services provided by the successful Responder as part of

its business operations. While engaged in carrying out and complying with terms ofthe agreement, the successful Responder is an independent contractor and not an

officer or employee of the City. The successful Responder shall not at any time or inany manner represent that it or any of its agents or employees is employees of the

City.10. 15. Minimum requirements

10.15. 1. Previous experience in the performance of projects of a similar nature.

10.15. 2. The individuals/ firm warrants that they are fully qualified, with adequatepersonnel, resources, and experience to undertake the services required within a

reasonable time.

10.15.3. Registered under the State of Florida to perform the services required for this

project. Registration Certificate to be provided by the Florida Department of State,

Division of Corporations, establishing your firm as eligible to conduct business in theState of Florida. Please refer to website: www.sunbiz.org

10.16. Taxes

10. 16. 1. The City of Palmetto does not pay Federal Excise and State Taxes on directpurchases of tangible personal property. The exemption number will be provided on

the "Contractor/ Vendors" copy of the purchase order. This exemption does not applyto tangible personal property purchased by Contractor/ Vendors for their use in theperformance of this contract. Nothing herein shall affect the Responder' s normal tax

liability. The CITY reserves the right, at the CITY' s sole option, to issue DirectPurchase Orders for applicable supplies and equipment to be utilized in this project.

10. 17. Errors and omissions

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10.17. 1. In the event of multiplicatio on error(s), the unit price shall prevail.

Written prices shall prevail over figures where applicable. A\\ rempn000ssbaDbe

reviewed mathematically and corrected, if necessary, using these standards, prior toadditional evaluation.

10. 17. 2. Approval by City of the successful Responder' s work product for the project shall

not constitute nor be deemed a release of the responsibility and liability of thesuccessful Responder for the accuracy and competency of the successful Responder's

designs, drawings, specifications or other documents and work pertaining to theproject. Additionally, approval by the City of the successful Responder' s work productshall not be deemed to be an assumption of drawings, specifications or other

documents prepared by the successful Responder for the project. After acceptance of

the final plans by the City, the successful Responder agrees, prior to and during theconstruction of the project, to perform such successful Responder services, at no

additional cost to the City, as may be required by the City to correct errors oromissions on the plans prepared by the successful Responder pertaining to theproject.

1018. Truth- in- negotiations covenants

10J8.1. Florida Statute 287.055 requires for any lump- sum or cost plus a fixed feeprofessional service contract over the threshold amount provided in Florida Statute

287.017 for category four, that the agency( City) shall require the firm receiving theaward to execute a Truth- In- Negotiation certificate stating the wage rates and otherfactual unit costs supporting the compensations are accurate, complete, and current atthe time of contracting. Any professional service contract, under which such a

certificate is required, shall contain a provision that the original contract price and anyadditional costs thereto shall be adjusted to exclude any significant service by whichthe agency determines the contract price was increased due to inaccurate, incompleteor non- current wage rates and other factual unit costs. All such contract adjustments

shall be made within one ( 1) year following the end of the contract.

10. 19. Public entity crime10. 19. 1. In accordance with Chapter 287, Florida Statutes, Procurement of Personal

Property and Services, Section 287.133, Public entity crime; denial or revocation of theright to transact business with public entities. 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 Response on a contract to provide any goods or services to a public

entity, may not submit a Response on a contract with a public entity for theconstruction or repair of a public building or public work, may not submit responseson leases or real property to a public entity, may not be awarded or perform work as aContractor/ Vendor, supplier, subcontractor, or consultant under a contract with any

public entity, and may not transact business with any public entity in excess of thethreshold amount provided in Section 287.017 for Category Two for a period of thirty-six ( 36) nmootbah-oomtbedatco[ beiogp\acedootbcconvictedveodocliut.

10. 20. Discrimination/ equal employment opportunity10. 20. 1. In accordance with Florida State Civil Rights Act of 1992.

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10.20.2. An entity or affiliate who has been placed on the State of Florida Discriminatory

Vendor List (This list may be viewed by going to the Department of ManagementServices website at http:/ dms.myflorida.com.) may not submit a Response on acontract to provide goods or services to a public entity, may not submit a Response on

a contract with a public entity for the construction or repair of a public building orpublic work, may not submit responses on leases of real property to a public entity,may not award or perform work as a Contractor/ Vendor, supplier, subcontractor, orconsultant under contract with any public entity, and may not transact business withany public entity.

10.20.3. The general purposes of the Florida Civil Rights Act of 1992 are to secure for all

individuals within the state freedom from discrimination because of race, color,

religion, sex, national origin, age, handicap, or marital status and thereby to protect

their interest in personal dignity, to make available to the state their full productivecapacities, to secure the state against domestic strife and unrest, to preserve the public

safety, health, and general welfare, and to promote the interests, rights, and privilegesof individuals within the state.

10.20.4. It is the policy of the City of Palmetto to assure that applicants are employed, and

that employees are treated during employment, without regard to their age, race,

religion, color, national origin, sex, or disability. Such action must include:

employment, upgrading, demotion, or transfer; recruitment or recruitment

advertising; layoff or termination; rate of pay or other forms of compensation; andselection for training, including apprenticeship, pre-apprenticeship, and/ or on- the- jobtraining.

10.21. Royalties and patents

10.21. 1. The Responder, without exception, shall indemnify and save harmless the City and

its employees from liability of any nature or kind, including costs and expenses for oron account of any copyrighted patented, or unpatented invention process, or article

manufactured by the Responder. The Responder has no liability when such claim issolely and exclusively due to the combination, operation or use of any article supplier

hereunder with equipment or data not supplied by the Contractor/ Vendor is basedsolely and exclusively upon the CITY alteration of the article. The purchaser willprovide prompt written notification of a claim of copyright or patent infringement.

1O. 31. 3. Further, if such m claim io made oris pending, the Contractor/ Vendor may at itsoption and expense procure for the purchaser the right to continue use or replace or

modify the article to render it non- infringing. If none of the alternatives are

reasonably available, the CITY agrees to return the article on request to the

Contractor/ Vendor and receive reimbursement if any as may be determined by a court

of competent jurisdiction. If the Responder uses any design, device or materialscovered by letters, patent or copyright, it is mutually agreed and understood without

exception that the Response prices shall include all royalties or cost arising from the

use of such design, device or materials in any way involved in the work.10.22. Pre- responsive conference

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10.22. 1. Failure to attend a mandatory or non-mandatory pre-Response conference willrelieve the CITY for any responsibility to notify a Responder of additionalrequirements unless those questions or requirements are identified in writing.

10.22. 2. Failure to attend a mandatory pre- Response conference will result in the responsebeing considered non- responsive.

10.23. Funding

10.23. 1. This ITN is subject to the appropriation of funds in an amount sufficient to allowcontinuation of the CRA' s performance in accordance with the terms and conditions of

this ITN. The CRA shall provide prompt written notice to the vendor that sufficient

funds have not been appropriated to continue its full and faithful performance under

the terms of this ITN, and shall, effective thirty( 30) days after giving such notice orupon the expiration of the time for which funds were appropriated, whichever occurs

first, be thereafter released of all further obligations in any way related to the ITN.10.23. 2. This CRA will not reveal engineering estimates or budget amounts for a project

unless required by grant funding or unless it is in the best interest of the CRA.

According to Florida State Statute 337.168: A document or electronic file revealing theofficial cost estimate of the department of a project is confidential and exempt from

the provisions of s. 119.07( 1) until the contract for the project has been executed or

until the project is no longer under active consideration.

10. 24. Subcontracting10.24.1. Contractor/ Vendors shall obtain prior written approval of subcontractors and the

work they will perform as stated in the scope of work. A subcontractor is defined as

any entity performing work within the scope of the project who is not an employee of

the Contractor/ Vendor.

10.24.2. Contractor/ Vendor shall supervise, inspect and direct the Work competently andefficiently, devoting such attention thereto and applying such skills and expertise asmay be necessary to perform the Work in accordance with the Contract Documents.Contractor/ Vendor shall be solely responsible for the means, methods, techniques,sequences and procedures of construction. All Work performed for

Contractor/ Vendor by a Subcontractor or Supplier will be pursuant to an appropriateagreement between Contractor/ Vendor and the Subcontractor or Supplier which

specifically binds the Subcontractor or Supplier to the applicable terms and conditions

of the Contract Documents for the benefit of City and Engineer. Contractor/ Vendorshall be fully responsible to City and Engineer for all acts and omissions of theSubcontractors, Suppliers, and other individuals or entities performing or furnishingany of the Work just as Contractor/ Vendor is responsible for Contractor's/ Vendor' sown acts and omissions.

10. 25. Public records

10.25. 1. Responder acknowledges that all information contained within its Response is a

public record, as defined in Chapter 119," Public Records", of the Florida Statutes. No

information should be labeled confidential unless exempted under said laws.

10.26. Time extension and continuation of work

10.26. 1. Time Extension

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10.26. 1. 1. The CRA may extend this Contract up to one hundred eighty( 180) daysbeyond the expiration date of the existing contract. The price in effect on the lastday of the contract shall remain in effect for the contract extension period.Additional extensions shall be subject to agreement of both parties.

10.26.2. Continuation of Work

10.26.2. 1. Any work that commences prior to and will extend beyond the expirationdate of the current contract period shall, unless terminated by mutual written

agreement between the City and the successful responder, continue untilcompletion at the same prices, terms and conditions. This must be approved in

advanced by the Purchasing Manager or designated representative.10.27. Right to audit

10.27. 1. The Contractor/ Vendor shall maintain such financial records and other records as

may be prescribed by the City of Palmetto or by applicable federal and state laws,rules, and regulations. The Contractor/ Vendor shall retain these records for a period

of five years after final payment, or until they are audited by the City of Palmetto,whichever event occurs first. These records shall be made available during the term of

the contract and the subsequent five-year period for examination, transcription, and

audit by the City of Palmetto, its designees or other authorized bodies.10.28. Salvage of construction materials

10.28. 1. Objective: The City of Palmetto strives towards its goal of becoming a sustainablecommunity. Salvage and reuse of construction materials is sustainable activity worthyof becoming a standard operating practice by the CITY, its crews, and privateContractor/ Vendors working in the CITY. To that end, the following specification andclauses shall be included and enforced to the extent possible during constructionactivities in the CITY.

10. 28.2. Specification: Salvage of Brick and Other Construction Materials

10.28.2. 1. The City of Palmetto is a sustainable community. Best practices insustainable projects call for salvage and reuse of construction materials, and the

CITY has adopted this practice as a core value in construction projects. Any

Contractor/ Vendor performing work on behalf of the CITY of Palmetto shallfollow this practice to the extent practical.

10.28.2. 2. The City of Palmetto additionally has identified brick found on, under, oraround City roadways to be a critical resource. In a case when any brick is foundby the Contractor/ Vendor, the Contractor/ Vendor shall notify the projectmanager immediately. The project manager will identify if the brick is of suitablequality for reuse. If so, brick shall be salvaged, and taken to a location designatedby the CITY. Typically the Contractor/ Vendor will be responsible to neatly stackany found brick on a pallet for pickup by a City crew, who will be made availableto transport the brick. If substantive quantities of brick are found by theContractor/ Vendor, the CITY shall establish a force-account or other payment

mechanism to reimburse the Contractor/ Vendor for these costs.

10.28.2. 3. Materials other than brick known to be present prior to the onset of a project,

unless specifically noted or specified otherwise, may be considered by the

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Contractor/ Vendor as salvageable as part of their Response. For instance, the

Contractor/ Vendor may consider millings removed from the roadway, orconcrete sidewalk removed from the site, to be in control of the

Contractor/ Vendor. Therefore any of this material maybe taken to a suitablelocation for reuse ( i. e. millings to asphalt plant, concrete to a pulverization/

crushing site). The Contractor/ Vendor may reuse this material as they see fit,but the fact the material has been placed in the control of the Contractor/ Vendor

does not remove the requirement for beneficial reuse of these materials; the

CITY is simply leaving the disposition of how to reutilize these materials to theContractor/ Vendor's discretion. Any proceeds from the salvage of this materialmay be received by the Contractor/ Vendor.

10. 28.3. Clause: R/ O/ W Use Permit

10.28.3. 1. The Contractor/ Vendor/ owner is hereby notified that any brick found in Cityof Palmetto Right- Of-Way is considered to be property of the City of Palmetto.The Contractor/ Vendor/ owner shall immediately notify the CITY, at 941- 365-2200 extension 6000, if brick is found within the City' s property while carryingout any work. The brick shall be stacked neatly on a City-provided pallet, andplaced in a suitable location for pickup by a City crew. The Contractor/ Vendor/owner is also encouraged to recycle any other construction materials to theextent practical, such as taking removed concrete sidewalk to a pulverizationplant.

10.29. E- Verify10.29. 1. Contractor/ Vendors:

10.29. 1. 1. Shall utilize the U. S. Department of Homeland Security' s E- Verify system toverify the employment eligibility of all new employees hired by the

Contractor/ Vendor during the term of the contract; and shall expressly requireany subcontractors performing work or providing services pursuant to the state

contract to likewise utilize the U. S. Department of Homeland Security's E- Verify

system to verify the employment eligibility of all new employees hired by thesubcontractor during the contract term.

10.30. Protests procedures

10.30.1. Protest procedures will be conducted in accordance with the City of PalmettoProcurement Ordinance.

10. 31. Insurance

10.31. 1. The Contractor/ Vendor, prior to the signing an Agreement and before starting any

work on this Agreement, shall procure and maintain, during the life of this Agreement,the insurance coverage listed below. The policies of insurance shall be primary andwritten on forms acceptable to the CITY. The policies shall be placed with an

insurance carrier approved and licensed by the Insurance Department of the State ofFlorida and that meets a minimum financial A. M. Best& Company rating of no less

than" A", Excellent. The City of Palmetto will not accept any indication or evidence of

self-insurance made by the Contractor/ Vendor, as it applies to any of the required

27

insurance coverage. Any and all fully-executed contracts will require that theContractor/ Vendor be fully insured per the terms and conditions as follows herein:

10.31. 1. 1. Worker' s Compensation

10.31. 1. 1. 1. Worker' s Compensation Insurance on behalf of all employees who are

to provide a service for this Agreement, as required by Florida Statues

Chapter 440 and Employers Liability with limits of not less than$ 100,000per employee accident; $500,000 disease aggregate; and$ 100,000

employee per disease.

10.31. 1. 2. Commercial General Liability

10. 31. 1. 2. 1. Including but not limited to bodily injury, property damage, andpersonal injury, with limits of not less than One Million Dollars combinedsingle unit per occurrence, Two Million Dollars per location aggregate plus

property damage insurance in the minimum amount of Five HundredThousand Dollars covering all work performed.

10. 31. 1. 3. Automobile Liability

10.31. 1. 3. 1. Including bodily injury, property damage liability for all vehicles owned,hired, leased, and non-owned, with limits of not less than One Million

Dollars combined single unit per occurrence covering all work performed.

10. 31. 1. 4. Umbrella Liability

10.31. 1. 4. 1. N/ A unless being used to meet underlying coverage requirements.

10.31. 1. 5. Liquor Liability

10.31. 1. 5. 1. All vendors serving alcohol as a result of the ITN will be required toobtain Liquor Liability insurance.

10.31. 1. 6. Miscellaneous Insurance

10.31. 1. 6. 1. All other types of insurance as required by the scope of work orspecifications

10.31. 1. 7. Professional Liability10.31. 1. 7. 1. If applicable, in the minimum amount of One Million Dollars.

10.31. 1. 8. Errors and Omissions Liability10.31. 1. 8. 1. If applicable, in the minimum amount of One Million Dollars.

10. 31. 1. 9. Hazardous Material

10.31. 1. 9. 1. If work being performed involves hazardous materials, the need toprocure and maintain any or all of the following coverage will be

specifically addressed upon review of exposure. However, if hazardousmaterials are identified while carrying out this Agreement, no further workis to be performed in the area of the hazardous materials until the Project

Manager and City' s Risk Management Department has been consulted as tothe potential need to procure and maintain any or all of the followingcoverage through a change order to the project.

10.31. 1. 9. 2. Contractor/ Vendor' s Pollution Liability10.31. 1. 9. 2. 1. For sudden and gradual occurrences in the amount no less than

1, 000,000 per claim and$ 2, 000,000 in the aggregate arising out of

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work performed under this Agreement including, but not limited to,all hazardous materials identified under this Agreement.

10.31. 1. 9. 3. Asbestos Liability10.31. 1. 9.3. 1. For sudden and gradual occurrences in the amount no less than

1, 000,000 per claim and$ 2, 000,000 in the aggregate arising out ofwork performed under this Agreement.

10.31. 1. 9. 4. Disposal

10. 31. 1. 9.4. 1. When applicable, the Contractor/ Vendor shall designate thedisposal site and furnish a Certificate of Insurance from the disposal

facility for Environmental Impairment Liability Insurance coveringliability for sudden and accidental occurrences in an amount not lessthan$ 1, 000,000 per claim and$ 2, 000,000 in the aggregate and shall

include liability for non- sudden occurrences in an amount not lessthan$ 1, 000,000 per claim and$ 2, 000,000 in the aggregate.

10. 31. 1. 9. 5. Hazardous Waste Transportation

10.31. 1. 9. 5. 1. When applicable, the Contractor/ Vendor shall designate the

hauler and furnish a Certificate of Insurance from the hauler for

Automobile Liability Insurance and Endorsement MCS90 for liabilityarising out of the transportation of hazardous materials with an

amount not less than$ 2, 000,000 annual aggregate and provide valid

EPA identification number. The Certificates of Insurance ( COI) shall

clearly state the hazardous materials exposure work being performedunder this Agreement.

10. 31. 1. 10. Builder' s Risk

10.31. 1. 10.1. When applicable, special form coverage shall include, but not be

limited to:

10.31. 1. 10. 1. 1. Storage and transport of materials, equipment, supplies of anykind whatsoever to be used on or incidental to this Agreement;

10.31. 1. 10.1. 2. Theft coverage;

10. 31. 1. 10. 1. 3. Waiver of Occupancy clause endorsement;10.31.1. 10. 1. 4. Limits of insurance to equal 100% of the insurable completed

agreement amount of such additions, or structures, on an agreed

amount/ replacement cost basis;

10.31.1. 10. 1. 5. Maximum deductible clause of$ 50,000 each claim.

10.31. 2. Additional Insured

10.31.2. 1. The City of Palmetto, CRA, its elected and appointed officials, employees and

agents shall be listed by endorsement as additional insured, except for worker' s

compensation and professional liability. Further, other designated persons orentities may be required to be listed as additional insured.

10.31. 3. Certification of Insurance

10. 31. 3. 1. Contractor/ Vendor, prior to providing any services pursuant to this

Agreement, shall furnish to the CITY proof of insurance, including, but not limitedto a Certificate of Insurance referencing the City of Palmetto as" additional

29

insured", except for worker's compensation and professional liability, and the

effectiveness of all required insurance for Contractor/ Vendor, and each of its

subcontractors. The certificates of insurance shall state that the CITY will be

notified in writing at least thirty( 30) days prior to cancellation, non- renewal orany other modification of any policies required of Contractor/ Vendor. No workshall commence under this Agreement until the CITY' s authorized representative

has given written approval of the insurance certificates. Additionally,

Contractor/ Vendor has an affirmative obligation throughout the entire term of

this Agreement to provide the CRA Director and the Purchasing Division, 1565

1st Street, Room 205, Palmetto, Florida 34221 evidence of the continuation of all

policies required of Contractor/ Vendor by this Agreement. As such, as each

policy of insurance is renewed, proof thereof must be provided in writing to theCRA Director and the Purchasing Division, 1565 1st Street, Room 205, PalmettoFlorida 34221. All insurance documents must show the ITN Number and

indicate that the Responders insurance is the prime insurance. Certificate of

Insurance must include the company's NAIC. City suggests thatContractor/ Vendor obtain all policies on an occurrence form basis. If,however,

Contractor/ Vendor determines to obtain claims-made policies,

Contractor/ Vendor shall be required to assure that the policy dates run

concurrently throughout the entire term of this Agreement andContractor/ Vendor shall be required to maintain" tail" coverage

Contractor/ Vendor' s own expense for a period of time as directed by the CRADirector.

10.31.3. 2. Additional insurance requirements maybe noted in the scope of work or

specifications. These insurance requirements will be in addition to those stated

in these Terms and Conditions and not a replacement.

10.32. Contract administration and site review

10.32. 1. The responder shall carefully examine the site of the work and the contractdocuments for the work contemplated, and it will be assumed that the Responder has

investigated and is fully informed of the conditions and obstructions to beencountered, of the character, quality and quantities of work to be performed andmaterials to be furnished and of the requirements of the contract documents. The

Responder shall inform themselves fully of the conditions under which the work is tobe performed in relation to construction, services, commodities and labor conditions.

Failure to do so will not relieve a successful Responder of their obligations to furnish

all materials, equipment and labor necessary to carry out the provisions of thecontract documents and to complete the contemplated work or deliver the requested

product or service for the consideration set forth in their Response. Contracts may

have more than one department or entity participating. Each participant will issue itsindividual purchase order contracts and will be billed separately.

10. 32. 2. Ownership of Documents

10.32. 2. 1. It is understood and agreed that all documents, including detail reports,plans, original tracings, specifications and all data prepared or obtained by the

30

successful Responder in connection with its services hereunder, including alldocuments bearing the professional seal of the successful Responder, there

under shall be delivered to and become the property of the City, prior to finalpayment to the successful Responder at the termination of the agreement.

10.32. 3. Work Progress and Delays

10.32.4. The CRA Director shall be entitled at all times to be advised in writing, at hisrequest, as to the status ofwork being done by the successful Responder and the

details thereof. In the event the successful Responder cannot satisfy the deadlinespecified in the project schedule, then it shall notify the CRA Director in writing atleast seven ( 7) days prior to such deadline of the reason for the delay. In the event thecause of the delay is due to delay by City or regulatory agencies as to the approval ofany plans or permits submitted by the successful Responder, when such delay willresult in an overall delay of the project completion date, the CRA Director shall grant

to the successful responder, in writing, an extension of the agreement time equal to

the as aforementioned delays. The CRA Director shall be solely responsible fordetermining whether any extension of time should be awarded to the successfulResponder.

10. 33. Termination of contract

10.33. 1. The City of Palmetto reserves the right to terminate any contract, at any time, withor without cause.

10.33. 2. Termination for Default

10.33.2. 1. Contractor/ Vendor acknowledges that the conditions, covenants and

requirements on its part to be kept, as set forth in the contract, are material

inducements to City entering into an agreement. Should Contractor/ Vendor failto perform any of the conditions, covenants and requirements of its part to be

kept, the CRA Director shall give written notice thereof to Contractor/ Vendor

specifying those acts to things which must occur in order to cure said default.

Provided, however, if Contractor/ Vendor makes a good faith effort by takingsteps to substantially cure the default, the CRA Director may grantContractor/ Vendor additional time to cure such default as he deems warranted

in his sole discretion. Should the default remain, upon expiration of the time

granted to cure the same, the CRA Director may terminate the agreement, bywritten notice of termination, said notice specifying the time and date oftermination.

10.33. 3. Termination for Convenience

10.33.3. 1. The performance of work under the contract may be terminated by the CRADirector in whole or in part whenever the CRA Director determines that

termination is in the City of Palmetto' s best interest. Any such termination shallbe effected by the delivery to the Contractor/ Vendor of a written notice of

termination at least fifteen ( 15) days before the date of termination, specifyingthe extent to which performance of the work under the contract is terminated

and the date upon which such termination becomes effective. After receipt of a

notice of termination, except as otherwise directed, the Contractor/ Vendor shall

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stop work on the date of receipt of the notice of termination or other datespecified in the notice; place no further orders or subcontracts for material,

services, or facilities except as necessary for completion of such portion of thework not terminated; terminate all vendors and subcontracts; and settle all

outstanding liabilities and claims.10.33. 4. Payment and Ownership of Documents upon Termination

10.33.4.1. In the event of termination of the agreement, the vendor shall cease work and

shall deliver to the CITY all documents including reports and all other data,materials prepared or obtained, by the vendor in connection with the project,

including all documents bearing the professional certification. The vendor shallreimburse the CITY for any stored items that the CITY has previously purchased.City shall upon delivery of the aforesaid documents, pay the Contractor/ Vendoras full payment for its services hereunder, a sum of money equal to the

percentage of the work done by Contractor/ Vendor and accepted as satisfactory

by the CITY.10.33. 5. Waiver

10.33. 5. 1. Failure of the City to take any action with respect to any breach of any term,covenant or condition contained in the agreement, or any instance of default

thereunder by the successful Responder, should not be deemed to be a waiver ofany default or breach by the City.

10.34. Indemnification

10.34.1. Non- Design Professional

10.34.1. 1. The CITY shall not be liable for any loss, injury, death or damage to persons orproperty, which at any time may be suffered or sustained by any personwhatsoever arising from the negligent performance by Contractor/ Vendor andits employees and agents of its obligations under the provisions of this

agreement. The Contractor/ Vendor shall indemnify and hold harmless the CITY,

and agents and employees against all claims, liabilities, loss, injury, death or

damage whatsoever, including but not limited to attorney fees, on account/ or

arising out of or resulting from any negligent act or omission of theContractor/ Vendor in the performance of the work. The CITY and

Contractor/ Vendor acknowledge that the first ten dollars ($10.00) of the

compensation paid Contractor/ Vendor for its work hereunder shall be deemed

specific consideration for this indemnification. Contractor/ Vendor shall fund the

foregoing indemnification by providing the insurance coverage' s set forth below.10.34.2. Design Professional

10.34.2. 1. Contractor/ Vendor shall indemnify and hold harmless the CITY, its electedand appointed officials, officers, employees and agents, from liabilities, damages,

losses and costs, including but not limited to reasonable attorney's fee, to theextent caused by the negligence, recklessness or intentional wrongful conduct ofthe consultant or any person employed or utilized by the consultant in theperformance of the contract. City and the Contractor/ Vendor acknowledge thatthe first ten dollars ($10.00) of compensation paid Contractor/ Vendor for its

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services hereunder shall be deemed specific consideration for theindemnification.

10.35. Local hire

10. 35. 1. The City of Palmetto local hiring initiatives do apply to the awarded responder( s).The City of Palmetto encourages all Contractors/ Vendors to hire local residents for all

responses, quotes, responses, and solicitations within the Palmetto area. Suncoast

Workforce will assist the company awarded the response with these efforts. Please be

aware it is not intended for contractors and subcontractors to terminate existingemployees, but to make every effort feasible to employ local residents before anyother person, when hiring additional employees needed to complete proposed work tobe performed.

10.36. Permits, fees and licensing

10.36. 1. The Contractor/ Vendor shall obtain all necessary permits and pay for same prior tocommencement of work. The cost of such permits shall be included within the base

Response, unless otherwise provided for in the ITN forms or specifications. The

Contractor/ Vendor must have all license and certifications as required by Federal,State, City, County, or special agencies ( i.e. FAA, FTA, EPA, DOT, etc...).

10.37. Conflicts of interest

10.37. 1. The award hereunder is subject to the provisions of Chapter 113' Public Officers

and Employees: General Provisions, Florida Statues. All Responders must disclose

with response the name of any officer, director or agent who is also an employee of the

City of Palmetto or any of its agencies. Further, all Responders must disclose the name

of any City employee who owns directly or indirectly, an interest of five percent( 5%)or more in the Responder' s firm or any of its branches.

10.37.2. responses Submitted by Members of Advisory Boards of the City of Palmetto10.37.2. 1. Section 112.313( 7), Florida Statutes [ 1989)' prohibits an advisory board

member from holding any employment or contractual relationship with any

business entity, which is doing business with the CITY.10.37.2. 2. Section 112. 313( 13). Florida Statutes ( 1989), provides that an advisory board

member will not be in violation of the prohibition in Section 122.313( 7)' Florida

Statutes ( 1989), if:

10.37.2. 2. 1. The ITN award is determined by a selection committee, approved by the

Purchasing Manager, to the most advantageous Responder. In addition, theadvisory board member is required prior to or at the time of thesubmissions of the Response, file a statement with the Supervisor of

Elections of Palmetto County, disclosing their interest and the nature of theintended business. The form, which should be used, is entitled "Form 3A

Interest in Competitive ITN for Public Business," a copy of this form hasbeen provided in the forms section of this ITN, ( Form# 2, Form 3A Interest

in Competitive ITNs) or you may contact the City of Palmetto PurchasingDivision.

10.37. 2. 2. 2. The advisory board member, their spouse or child is required to have in

no way used or attempted to use their influence to persuade the CITY or

33

any of its personnel to enter into such a contract other than by the meresubmission of the Response.

10.37. 2. 2. 3. The advisory board member, their spouse or child is required to have inno way participated in the determination of the ITN specifications or thedetermination of the lowest or best Responder."

10. 37. 2. 3. All of the three- ( 3) above conditions are required to be satisfied in

accordance with the Florida Statutes. The filing of the disclosure form with theSupervisor of Elections of Palmetto County is the sole responsibility of theResponder and must be filed prior to or at the time of submission of the

Response. A copy of the completed disclosure form shall be submitted to theManager of the Purchasing Department prior to or at the time of submission of

the Response. Failure of the Responder to comply with the provisions of this

paragraph may result in the rejection of the Response.10. 37.3. The following reasons include, but are not limited to, rejecting responses or

disqualifying Responders: a Responder submits more than one Response for the samework by an individual, firm, partnership, or corporation under the same or differentnames; evidence of collusion among those making responses; previous participation

by the Responder in collusive responses on work for the City of Palmetto; theResponder submits an unbalanced Response in which the prices for some items are

out of proportion with the prices for other Invitation to Negotiate items; there is

uncompleted work for which the Responder is committed by contract which, in the

judgment of the City, might hinder or prevent the prompt completion of the workunder this contract if awarded to such Responder; any material change in qualificationor a material misrepresentation.

10.38. Attorney's fees( determination of the other hand)

10.38. 1. Attorney' s Fees10.38.1. 1. Should it become necessary for the City to bring any action against the

successful Responder to enforce any of the covenants, provisions or conditions of

the agreement, the successful Responder will pay all costs attendant thereto,

including reasonable attorney's fees to the attorney10.39. Preferable products

10. 39. 1. Environmentally Preferable Products

10. 39. 1. 1. The City of Palmetto is committed to the procurement of products andservices that minimize negative environmental and social impacts and emphasize

long-term values. Preference shall be given to products and services that have alesser or reduced effect on human health and the environment when compared

to other products and services that serve the same purpose. This comparison

may consider raw materials acquisition, production, manufacturing, packaging,

distribution, reuse, operation, maintenance, or disposal of the product or service.

10. 39.2. Buy America

10. 39. 2. 1. The City of Palmetto is committed to the procurement of products andservices that are produced or manufactured in America. We encourage all

Contractor/ Vendors to buy American made materials and products.

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10.40. Scrutinized companies

10.40.1. Section 287. 135, Florida Statutes, prohibits agencies from contracting withcompanies, for goods or services over$ 1, 000,000, that are on either the Scrutinized

Companies with Activities in Sudan List or the Scrutinized Companies with Activities

in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section215.473, Florida Statutes.

10.40.2. At the time a company submits a response or Response for a contract or before the

company enters into or renews a contract with an agency or governmental entity forgoods or services of$ 1 million or more, the company must certify that the company isnot on the Scrutinized Companies with Activities in Sudan List or the ScrutinizedCompanies with Activities in the Iran Petroleum Energy Sector List. Form# SA is

provided for the responder's convenience.

10.41. Working hours10.41. 1. Construction Hours.

10.41.1. 1. Work hours will be in accordance with City of Palmetto Ordinance unlessotherwise stated in the scope of work or technical specifications. Construction

and demolition. Engaging in construction, drilling, repair, alteration, demolition,land clearing or land filling operations between the hours of 9: 00 p.m. and 6: 00a.m. on weekdays or between 9: 00 p.m. and 9: 00 a. m. on weekends or holidaysexcept for emergency work by a public service utility or by other permitapproved by the City.

10.42. Communications

10.42. 1. respondents, their agents, and associates shall not communicate with or solicit anyCity Commissioner, City official, or City employee regarding this ITN during any phaseof this ITN. Only that individual listed as the contact person in the specification or the

Purchasing Department shall be contacted. Failure to comply with this provision mayresult in disqualification of the respondent, at the option of the City.

35

ITN Form

Company Name:ITN Opening Date:Submitted ( Date):

Project Identification:

City ofPalmetto. Palmetto. FloridaThe undersigned, as respondent, hereby declares that no person or other persons other than theundersigned are interested in this ITN as Principal, and that this Response is made without

collusion with others; and that we have carefully read and examined the specifications, and with fullknowledge of all conditions under which the services herein is contemplated must be furnished,

hereby propose and agree to furnish this service according to the requirements set out in thespecifications for said service for the prices as listed on the previous pages.

Tax Payer Identification Number:

Employer Identification Number:

Or-

Social Security Number:The City ofPalmetto collectsyour social security numberfor tax reporting purposes.

All prices are to be F. O. B. Destination Palmetto, Florida.

Where respondent is a Corporation,

add:

Company Name: ( Name printed or typed)

SEAL)

Authorized respondent:

respondent: (Name printed or typed)

Authorized Signature of

respondent:

Mailing Address:City:State:

Zip Code:Phone Number:

Fax Number:

Attest:

Secretary:

36

In submitting this Response, RESPONDENT makes all representations required by the Instructionsto

RESPONDENTS and further warrants and represents that:

RESPONDENT has examined copies of all the ITN Documents and of the following addenda:

No. Dated No. Dated

No. Dated No. Dated

No. Dated No. Dated

Receipt of all which is hereby acknowledged) and also copies of the Advertisement for ITNs andthe Instructions to RESPONDENTS.)

Please submit a copy of your registration certificate establishing your firm as authorized to conductbusiness in the State of Florida, as provided by the Florida Department ofState, Division ofCorporations. Please refer to website: www.sunbiz.org

ALL RESPONSES MUST BE SIGNED. SEALED AND EXECUTED BYA CORPORATE AUTHORITY.

PLEASE NOTE:

If the respondent is NOT submitting a Response at this time, it is requested that you please provide

a brief and legible explanation, below, as to why you are not proposing at this time.

Please return this page as well as the prior page( ITN Form), due no later than the deadline for the

ITN opening, to: Purchasing Agent, City ofPalmetto, 1565 FirstStreet, Room 205, Palmetto, FL34221.

37

SWORN STATEMENT UNDER SECTION 287.133( 3) ( a),

FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

This form must be signed and sworn to in the presence of a notary public or other officer authorized toadminister oaths.

1. This sworn statement is submitted to

Print name of the public entity)

byPrint individual's name and title)

for

Print name ofentity submitting sworn statement)

whose business address is

If applicable) its Federal Employer Identification Number( FEIN) is

If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:On the attached sheet.) Required as per IRS Form W-9.

2. 1 understand that a" public entity crime" as defined in Paragraph 287. 133( 1)( g), Florida Statutes. means aviolation of any state or federal law by a person with respect to and directly related to the transaction ofbusiness with any public entity or with an agency or political subdivision of any other state or with theUnited States, including but not limited to, and response or contract for goods or services to be providedto any public entity or agency or political subdivision or any other state or of the Unites States, andinvolving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or materialmisrepresentation.

3. I understate that" convicted" or" conviction" as defined in Paragraph 287.133( 1) ( b), Florida Statutes,

means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, inany federal or state trial court of record relating to charges brought by indictment or information afterJuly 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

4. I understand that" affiliate" as defined in Paragraph 287.133( 1) ( a), Florida Statutes, means:

1. A predecessor or successor of a person convicted of a public entity crime:or:

2. An entity under the control of any natural person who is active in the management of the entity andwho has been convicted of a public entity crime. The term" affiliate" includes those offices, directors,executives, partners, shareholders, employees, members and agents who are active in the

management of the affiliate. The ownership by one person of shares constituting a controllinginterest in another person, or a pooling of equipment or income among persons when not fair marketvalue under an arm' s length agreement, shall be a facie case that one person controls another person.

A person who knowingly enters into a joint venture with a person who has been convicted of a publicentity crime in Florida during the preceding 36 months shall be considered an affiliate.

5. I understand that a" person" as defined in Paragraph 287. 133( 1) ( c), Florida Statutes, means any naturalperson or entity organized under the laws of any state or of the United States with the legal power toenter a binding contract and which responses or applies to response on contracts for the provision ofgoods or services let by a public entity, or which otherwise transacts or applies to transact business witha public entity. The term" person" includes those officers, directors, executives, partners, shareholders,employees, members, and agents who are active in management of the entity.

6. Based on information and belief, the statement, which I have marked below, is true in relation to the

entity submitting those sworn statements.( Please indicate which statement applies.)Neither the entity submitted this sworn statement, nor any officers, directors, executives,

partners, shareholders, employees, members, and agents who are active in management of an entity noraffiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1,1989.

38

The entity submitting this sworn statement, or one or more of the officers, directors,executives, partners, shareholders, employees, member, or agents who are active in management of the entityor an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1,1989.

The entity submitting this sworn statement, or one or more of its officers, directors, executives,partners, shareholders, employees, member, or agents who are active in management of the entity or anaffiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division ofAdministrative Hearing and the Final Order entered by the Hearing Officer determined that it was not in thepublic interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach acopy of the final order)I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC

ENTITY IDENTIFIED IN PARAGRAPH 1 ( ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS

FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED. I ALSO

UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A

CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES,FOR CATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

Signature)

Date)

STATE OF

COUNTY OF

PERSONALLY APPEARED BEFORE ME, the undersigned authority,Name of individual signing)

who, after first being sworn by me, affixed his/ her signature in the space provided above on this dayof 2 .

NOTARY PUBLIC)

My Commission Expires:

39

NON- COLLUSIVE AFFIDAVIT

Prime Responder)

State of

County of

being first duly sworn, deposes and says that he isthe party making the fore-going Response or response, that such

Response

partner or officer of the firm, etc.)

or response is genuine and not collusive or sham; that said responder has not colluded, conspired,

connived or agreed, directly or indirectly, with any responder or person, to put in a sham responseor to refrain from responding, and has not in any manner, directly or indirectly, sought byagreement or collusion, or communication or conference, with any person, to fix the response priceof affiant or of any other responder, or to fix overhead, profit or cost element of said response price,

or of that of any other responder, or to secure any advantage against the City of Palmetto of anyperson interested in the proposed contract; and that all statements in said Response or response

are true.

Responder, if the responder is an individual;

Partner, if the responder is a partnership;

Officer, if the responder is a corporation)

Company Name)

40

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me this_ day of byname and title ofcorporate officer) of name

ofcorporation), a state or place of incorporation) corporation, on behalf of the

corporation. He/ she is personally known to me or has produced type ofidentification) as identification.

Signature line for notary public)

Name ofnotary type, printed or stamped)

Title or rank)

My commission expires:

Serial number ifany)

41

FORM 3A INTEREST IN COMPETITIVE RESPONSE FOR PUBLIC BUSINESS

LAST NAME, FIRST NAME, MIDDLE NAME OFFICE POSITION HELD

MAILING ADDRESS AGENCY

CITY ZIP COUNTY ADDRESS OF AGENCY

WHO MUST FILE THIS STATEMENT

Sections 112.313( 3) and 112.313( 7), Florida Statutes, prohibit certain business relationships on the part of

public officers and employees, their spouses, and their children. See Part III, Chapter 112, Florida Statutes

and/ or the brochure entitled" A Guide to the Sunshine Amendment and Code of Ethics for Public Officers,

Candidates and Employees" for more details on these prohibitions. However, Section 112.313( 12), Florida

Statutes( 1983), provides certain limited exemptions to the above- referenced prohibitions, including one where

the business is awarded under a system of sealed, competitive responding; the public official has exerted noinfluence on response negotiations or specifications; and where disclosure is made, prior to or at the time of the

submission of the response, of the official' s or his spouse's or child' s interest and the nature of the intended

business. This form has been promulgated by the Commission on Ethics for such disclosure, ifand whenapplicable to a public officer or employee.

INTEREST IN COMPETITIVE RESPONSE FOR PUBLIC BUSINESS( Required by 112. 313( 12)( b), Fl.Stat( 1983))

1. The competitive response to which this statement applies has been/ will be( strike one) submitted to the

following government agency:

2. The person submitting the response is: Name Position

3. The business entity with which the person submitting the response is associated is:

4. My relationship to the person or business entity submitting the response is as follows:

5. The nature of the business intended to the transacted in the event that this response is awarded is as

follows:

a. The realty, goods and/ or services to be supplied specifically include:

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b. The realty, goods and/ or services will be supplied for the following period of time:

c. Will the contract be subject to renewal without further competitive responding? _ Yes No if so,

how often?

6. Additional comments:

7. Signature Date Signed Date Filed

FILING INSTRUCTIONS

If you are a state officer or employee required to disclose the information above, please file this form with

the Secretary of State at the Capitol, Tallahassee, Florida 32301. If you are an officer or employee of apolitical subdivision of this state and are subject to this disclosure, please file the statement with the

Supervisor of Elections of the county in which the agency in which you are serving has its principal office.

NOTICE: UNDER THE PROVISIONS OF FLORIDA STATUTES# 112.317( 1983), A FAILURE TO MAKE ANY

REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE

FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION,

REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$ 5, 000.00

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CITY OF PALMETTO

PURCHASING DIVISIONITN REFERENCE SURVEY

ITN# 2014- 1 RIVERSIDE REDEVELOPMENTFROM: TO: NIXA HAISLEYCOMPANY: DATE:

PHONE#: TOTAL# PAGES: 1

FAX#: PHONE#: 941- 723-4570 FAX#: 941- 723-4576EMAIL: EMAIL: NHaisley@Palmettofl. orgSUBJECT: Reference for work completed regarding( Your project name):Additional Details:

You as an individual or Your company has been given to us as a point of contact for a reference on a projectcompleted for you( identified above). Description of City of Palmetto Protect:

Qualified real estate developers to purchase and develop the CRA owned property.

Company you are providing a reference for:

Indicate: YES" OR" NO"Was the scope of work performed similar in nature?

Did this company have the proper resources and personnel by which to get thejob done?

Were any problems encountered with the company's work performance?Were any change orders or contract amendments issued, other than ownerinitiated?

Was the job completed on time?

Was the job completed within budget?

On a scale of one to ten, ten being best, how would you rate the overall workperformance, considering professionalism; final product; personnel; resources.Rate from 1 to 10. ( 10 being highest)

If the opportunity were to present itself, would you rehire this company?Please provide any additional comments pertinent to this company and the work performed for you:

PLEASE COMPLETE AND RETURN TO THE ATTENTION OF: NIXA HAILSEY

EMAIL: NHailsey@PalmettoFL. orgor FAX# 941- 954-4157

Reference Print Name

Reference Signature:

44

Cut along the outer border and affix thislabel to your sealed RFP envelope to

identify it as a " Sealed Invitation To

Negotiate".

Invitation To Negotiate DO NOT OPEN

SEALED ITN NO.: 2014- 1

ITN TITLE: Riverside Redevelopment

DUE DATE/TIME: Prior to: 2: 30 pm on October 14, 2013

SUBMITTED BY: t)name or company;

E- mail AddressContact phone#

DELIVER TO: City of Palmetto

Attn: Purchasing

516 8th Avenue West

Palmetto FL 34221

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