Fort Walton Beach Council agenda — 10-12-2006 ‎(regular)‎ — reading text

be remitted to the City. 11. 7 Termination for Default: Contractors will be in default under the Contract if they commit a breach of the Contract deemed material to the City. Where such a default ~ccurs the City may termimlte the contract and suspend the Contractor for a period of one (1) year. The City may also require the contractor to reimburse the City for the reprocurement cost mcurred by the City as a result of reawarding or completing the Contract. The City may at its sole discretion waive a default by the contractor, but no such waiver, and no failure by the City to take action shall be deemed a waiver of any subsequent default. 12. DISCUSSIONS WITH RESPONSIBLE PROPOSERS AND REVISIONS TO PROPOSAL: Discussions may be conducted with responsible proposers who submit proposals determined to be reasonably acceptable of being selected for award for the purpose of clarification and to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions Purchasing Department Page: 12 Masler t'lannmg ~ eIV1ces - l' WH .Falrgrounds I Softball Complex Request for Proposal 06- 126 may be permitted after subIDl. ~ prior to award for the purpose of ~ aiDing _.. best and final offers. In conducting discussions, there shall be no disclosure of any information derived ftom proposals submitted by competing proposers except as may be required by the Florida Public Records Law, Chapter 119, Florida Statutes. 13_ EXECUTION OF AGREEMENT:. The successful proposer shall, within fifteen ( 15) calendar days after Notice of Award is issued by the City of Fort Walton Beach, Purchasing Department, enter into a contract with the City on fonDs as included within the Request for Proposal documents for the performance of work awarded him. and shall simultaneously provide any required bonds, indemnities and insurance certificates. Failure to comply with the established deadline for submittal of required documents may be for cancellation of the award. grounds 14. RIGHT TO AUDIT RECORDS: The City shall be entitled to audit the books and records of a contractor or sub-contractor to the extent any that such books and records relate to the performance of such contract or sub-contract. Such books and records shall be maintained by the contractor for a period oftbree (3) years from the date of final payment under the prime contract and by the sub- contractor for a period of three ( 3) years & om the date of final payment under the sub-contract unless a shorter period is otherwise authorized in writing. 15. FISCAL YEAR FUNDING APPROPRIATION: 15. 1 Specified Period Unless otherwise provided by law, a contract for supplies or services may be entered into for any period oftline deemed to be in the best interest of the City, provided the term of the con1ract and conditions of renewal or extension,if any, are included in the solicitation and funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Council of funds therefor. 15. 2 Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period.the contract shall be cancelled and the contractor shall be entitled to reimbursement for the reasonable value of any nomecurring cost incurred but not advertised in the price of the supplies or services delivered under the contract or otherwise recoverable. 16. PROPOSER' S CERTIFICATION FORM: EACH PROPOSER SHALL COMPLETE THE npROPOSER' S CERTIFICATION" FORM INCLUDED WITH THIS REQUEST FOR PROPOSAL, AND SUBMIT THE FORM WITH THE PROPOSAL. THE FAILURE OF A PROPOSER TO SUBMIT THIS DOCUMENT WILL BE CAUSE FOR REJECTION OF THE PROPOSAL. Purchasing Department Page: 13 Master Planning Services - FWB FairgrOUDno: I Complex S"" Iftball Request fOT Proposal 06- 126 THE FORM MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC WITH NOTARY SEAL AFFIXED ON THE DOCUMENT. PUBLIC ENTITY CRIMES: A person or affiliate, as defined in ~287. 133 of the Florida Sta~ tes, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract '- y.ith a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess ofthe threshold amount provided in ~ 287. 01 of the Florida Statues for CATEGORY TWO, for a period of36 months from the date of being placed on the convicted vendor list. 18. FLORIDA PROMPT PAYMENT ACT: 18. 1 Proper Invoice: For purpose of billing submission and payment procedures, a " proper invoice" by a contractor, vendor or other invoicing party shall consist of at least all of the following: 18. 1.1 adescription (including quantity) of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it (or them); 18. 1.2 the amount due, applicable discount( s), " and the terms thereof; 18. 1.3 the full name of the vendor, contractor or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes ( if they are different) and a telephone number; 18. 1.4 the Purchase Order or Contract number as supplied by the City; and 18. 1.5 an identification by Bureau, O~ ce or Department of the party( ies) to whom the goods were delivered or services provided. All invoices, in order to be classified as a proper invoice, shall be delivered to Accounts Payable, Finance Department, City of Fort Walton Beach,PO Box 4009, Fort Walton Beach, Florida, 32549 Finally, in addition to all of the above, in order to be considered a proper invoice, it must be based on a proper delivery, installation, or provision of the goods and/or services to and acceptance by the City ( or party on behalf of the City); the vendor, contractor or other party who is supplying the goods and/or services has otherwise complied with all of the contract' s terms and conditions and is not in default of any ofthem; and if the contraet requires any subcontractors or other parties to be bound by similar other "flow-down" requirements that those requirements have been complied with. Purchasing Department Page: 14 Master Planning Services - FWB Fairg ounds.lSoftball ..- Complex Request for Proposal 06- 126 18. 2 Dispute Resolution: In the event a dispute occurs between a contractor, vendor or other invoicing party (" invoicing party") and the City concerning payment of an invoice, the City Department,Office or Bureau which has the dispute along with a representative of the City's Office of Purchasing and Materials Management ~ d the invoicing party shall meet to consider the disputed issues. The invoicing party shall provide to the City such material and information as the City may reasonably require. . Any such procedure shall be initiated by either party notifying the other in writing of a disPute and stating with specificity its nature. This procedure shall commence no later than forty:' five (45) days, and be resolved no later than sixty (60) days,after the date on which the proper invoice was received by the City. Any decision by the Director of Purchasing shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision. If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued. 19. PROPOSER' S WARRANTY: The Proposer warrants that no one was paid a fee, commission, gift,or other consideration contingent upon receipt of an award for the services and/or supplies specified herein. 20. INSURANCElPERFORMANCE BONDS: Insurance and/or Performance Bond coverage may be required by the Contract Specifications and shall be in force throughout the Contract term. Should a Contractor fail to provide acceptable evidence of current insurance and/or a performance Bond within seven ( 7)days prior to the expiration date of an insurance policy or bond at any time during the Contract term,the City shall have the absolute right to terminate the Contract without any further obligation to the Contractor. The Contractor shall be liable for the entire additional cost of procuring performance and the cost of performing the incomplete portion ofthe Contract at the time of termination.