Fort Walton Beach Council agenda — 11-09-2010 Regular — reading text

assure a full understanding of, and responsiveness to, the solicitation requirements. All proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submission prior to award for the purpose of obtaining best and final offers. In conducting such discussions, there shall be no disclosure of any information derived from proposals submitted by competing proposers except as may be required by the Florida Public Records Law, Chapter 119, Florida Statutes. d. QUESTIONS - Proposer shall address any questions regarding the proposal process to the Purchasing Agent, in writing and in sufficient time before the period set for the receipt and opening of proposals.. Inquiries received within ten ( 10) days of the date set for receipt of proposals may not be answered or given any consideration. The Purchasing Agent shall issue any interpretation for a proposer in the form of an addendum to the specifications. If an addendum is issued, the Purchasing Agent will conveyed that addendum to all proposers no later than five (5) days prior to the date set for receipt of proposals. e. RESPONSIBILITY FOR KNOWLEDGE OF ADDENDA - All proposers must contact the Purchasing Agent prior to submitting a proposal to determine if any addenda have been issued, to obtain all such addenda, and to return, if necessary, any executed addenda with the proposal. f. PURCHASING AGENT ADDRESS - All proposers shall direct communications and inquiries to: William Worlds, Purchasing Agent fwbpurch @fwb.org or 850- 833 -9523 143 Hollywood Blvd Fort Walton Beach, FL 32548 10. CONDITIONS OF PROPOSALS a. LATE PROPOSALS - Proposals received by the City after the time specified for receipt will not be considered. Proposers shall assume full responsibility for timely delivery of the proposals to the location designated for receipt of proposals. b. COMPLETENESS - All information required by the Request for Proposal must be supplied to constitute a legitimate proposal. c. PUBLIC OPENING - All proposals will be publicly opened and the list of proposers read aloud in the Main Conference Room at City Hall, 107 Miracle Strip Pkwy. SW at the time specified and will be made available for public inspection within ten ( 10) days after the proposal opening or when an award decision is made, whichever is earlier.  d. AWARD PRESENTATION - The Recreation & Cultural Services Director has tentatively scheduled to present the top three ( 3) proposals to City Council on October 26, 2010 for final award of one of the proposals or for rejection of all proposals. e. VENDOR PROTESTS: Bidders or Respondents who do not agree with the City Council' s recommendation for award are afforded the opportunity to protest the recommendation by submitting written notice to the Purchasing Division within five 5) business days after notice of award or after the date the petitioner could reasonably be expected to have known of the City' s recommendation. 11. GENERAL TERMS AND CONDITIONS OF CONTRACT a. CONTRACT REQUIRED - The City and the successful proposer shall enter into a Contract for Services that will include, but not be limited to and may be superseded by such Contract, the following terms and conditions. b. INDEPENDENT CONTRACTOR STATUS; INDEMNITY - At all times the contractor will be an independent contractor and shall, therefore, agree to indemnify and save harmless the City, its officers, agents, and employees, from and against any and all liability, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and costs of action, including attorney's fees for trial and on appeal, of any kind and nature arising or growing out of or in any way connected with the performance of the Contract whether by act or omission of the proposer, its agents, servants, employees or others, or because of or due to the mere existence of the Contract between the parties. c. COPYRIGHTED, CONFIDENTIAL INFORMATION - If applicable, the proposer shall pay all royalties and assume all costs arising from the use of any invention, design, process materials, equipment, product or device which is the subject of patent rights or copyrights. Proposer shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the goods or services, or any part thereof, furnished under the contract, constitute an infringement or any patent or copyright of the United States. The Proposer shall pay all damages and costs awarded against the City. d. TIME IS OF THE ESSENCE - A condition that time is of the essence for the proper provision of services of the Contract and that the successful proposer will conduct all required work diligently and as specified by the City. e. ASSIGNMENT - The successful proposer may not assign, transfer, or otherwise dispose any rights or obligations of the Contract without prior written consent of the City.  f. TERMINATION FOR CONVENIENCE - The City may at any time, at its sole discretion, without cause, terminate the Contract for its convenience by written notice to the successful Proposer. If terminated for convenience, the City will calculate the outstanding payments due the Contractor and make that payment pursuant to the Prompt Payment Act. g. TERMINATION FOR DEFAULT - Contractors will be in default under the Contract if they commit a material breach of the Contract and as otherwise specified in the Contract. h. FIRM PRICE FOR TERM -Costs specified in the proposal shall remain firm for the initial three (3) year period of the contract. Increases or decreases in following years may be re- negotiated and shall be subject to appropriation by City Council. i. EXECUTION OF AGREEMENT - Within fifteen ( 15) calendar days after issuance of the Notice of Award, the successful proposer will execute the Contract for Services and simultaneously provide any required bonds, indemnities and insurance certificates, not previously submitted. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. 12. RIGHT TO AUDIT RECORDS a. The City shall be entitled to audit the books and records of a contractor or any sub- contractor to the extent 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 of three ( 3) years from the date of final payment under the prime contract and by the sub -contractor for a period of three ( 3) years from the date of final payment under the sub -contract unless a shorter period is otherwise authorized in writing. 13. FISCAL YEAR FUNDING APPROPRIATION a. SPECIFIED PERIOD - Unless otherwise provided by this request, the contract for supplies or services may be entered into for a one year period of time. Thereafter payment and performance obligations for succeeding fiscal periods shall be subject to appropriation of funds by the City Council for any additional years. 14. PROPOSER' S CERTIFICATION FORM a. Each proposer shall complete the " proposer's certification" form included with this request for proposal, and submit the form with the proposal. The form must be acknowledged before a notary public and have the notary seal affixed. Proposals will be rejected if the proposer' s certification is not submitted with the proposal. 15. PUBLIC ENTITY CRIMES a. A person or affiliate, as defined in § 287. 133 of the Florida Statutes, 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 with 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 of the threshold amount provided in 287. 01 of the Florida Statues for category two, for a period of 36 months from the date of being placed on the convicted vendor list. 16. FLORIDA PROMPT PAYMENT ACT a. PROPER INVOICE - For purposes of billing submission and payment procedures, a proper invoice" by a contractor, vendor or other invoicing party shall include at least the following information: 1) a description, including quantity, of the goods or services provided to the City reasonably sufficient to identify the goods or services; 2) the amount due, applicable discounts, and the terms of payment; 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 4) the purchase order or contract number as supplied by the City; 5) identification by office, division, or department of to whom the goods or services were delivered or provided; b. DELIVERY OF INVOICE - All invoices, to be considered a proper invoice, shall be delivered to Accounts Payable, Finance Department, City of Fort Walton Beach, 107 Miracle Strip Parkway, SW, Fort Walton Beach, Florida, 32548. c. DELIVERY; ACCEPTANCE REQUIRED — An invoice will not be considered proper unless there has been delivery, installation, or provision of the goods or services to the correct City office, division, or department; there was acceptance by the City of the goods or services; and the contractor has otherwise complied with all of the contract's terms and conditions and is not in default of any of them. d. INVOICE DISPUTE PROCEDURE - If there is a dispute between the City and contractor regarding an invoice, the City or contractor may initiate this invoice dispute procedure. Either party can initiate the dispute procedure, by providing the other party, in writing, notice of a dispute and stating the specifics of the dispute. The parties shall exchange all materials and information to support their claims and provide a copy of all materials and information to the Finance Director. The Finance Director shall review all materials and information and conduct a meeting with the contractor and the responsible City office, division, or department. The proceeding to resolve the dispute shall be commenced no later than 45 days after the date on which the payment request or proper invoice was received by the City. The Finance