Fort Walton Beach Council agenda — 06-28-11 regular — reading text

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. C. 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. Packet Pg. 29  8. 2. b D. 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. E. TERMINATION FOR CONVENIENCE - The City may terminate for its convenience at any time, in whole, or in part, any bid award. In the event of termination for convenience, the City' s sole obligations will be to reimburse Proposer for ( 1) those goods and /or services actually shipped performed and accepted up to the date of termination, and ( 2) costs incurred by the Proposer for unfinished goods, which are specifically manufactured for the City and which are not standard products of the Proposer, as of the date of termination, and a reasonable profit thereon. In no event is the City responsible for loss of anticipated profit nor will reimbursement exceed the bid value. TERMINATION FOR DEFAULT - The City may terminate all or any part of an award resulting from this bid, by giving notice of default to the Proposer, if the Proposer: ( 1) refuses or fails to deliver the goods or services within the time specified, ( 2) fails to comply with any of the provisions of this Proposal or so fails to make progress as to endanger performance hereunder, or, ( 3) becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the City' s liability will be limited to the payment for goods and /or services delivered and accepted as of the date of terntination. G. FIRM PRICE FOR TERM - Costs specified in the proposal shall remain firm for the initial three ( 3) year period of the Contract. H. 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. 1. FAILURE TO EXECUTE CONTRACT - Failure of the successful Proposer to enter into a contract in the proscribed time may be cause for cancellation of the award to that Proposer. In the event that the award is cancelled, the award may then be made to the second lowest responsive and responsible Proposer, or the City may reject all of the bids. Contractors who default are subject to suspension and /or removal from the City' s Bidders List. J. RIGHT TO AUDIT RECORDS - 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 five ( 5) years from the date of final payment under the prime Packet Pg. 30  8. 2. b contract and by the sub- contractor for a period of five ( 5) years from the date of final payment under the sub -contract unless a shorter period is otherwise authorized in writing. K. FISCAL YEAR FUNDING APPROPRIATION - Unless otherwise provided by this request, the contract for supplies or services may be entered into for a one ( 1) year period of time. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation of funds by the City Council for any additional years. 3. PROPOSER' S CERTIFICATION FORM - 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 may be rejected if the Proposer' s Certification Form is not submitted with the proposal. 4. PUBLIC ENTITY CRIMES - A person or affiliate, as defined in Section 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 Section 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. 5. 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: Description, including quantity, of the goods or services provided to the City reasonably sufficient to identify the goods or services The amount due, applicable discounts, and the terms of payment 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, a mailing address for payment purposes ( if they are different) and a telephone number The purchase order or contract number as supplied by the City Identification by office, division, or department of to whom the goods or services were delivered or provided 10 Paeket Pg. 31  3. 2. b 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 /services to the correct City office, division, or department, acceptance by the City of the goods/ 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 Director shall then issue a written final decision no later than 60 days after the date of notice of the dispute. 6. CONFLICTS - The Proposer acknowledges and 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 in this request for proposal. 7. INSURANCE/ PERFORMANCE BONDS - Insurance and /or performance bond coverage may be required by the Contract. Such insurance or bond shall be in effect for the term of the contract. Should a Contractor fail to provide acceptable evidence of current insurance and /or a performance bond within seven ( 7) days before the expiration date of an insurance policy or bond, the City shall have the right to terminate the Contract. 8. DRUG -FREE WORKPLACE CERTIFICATION - By submitting the Drug Free Workplace Form as part of this request for proposal, you are certifying that your company is a drug -free workplace in accordance with Section 287. 087 of the Florida Statutes, 9. AMERICANS WITH DISABILITIES ACT - Persons with disabilities needing a special accommodation to participate in this proceeding should contact the Purchasing Department, 105 Miracle Strip Parkway SW, Fort Walton Beach, Packet Pg. 32  8. 2. b Florida 32548, telephone ( 850) 833 -9523, at least seven ( 7) days before the date on which the accommodation is requested. 10. PURCHASE CONTRACTS WITH OTHER GOVERNMENT AGENCIES - The submission of any proposal in response to this request for proposal constitutes a proposal made under the same terms and conditions, for the same contract prices and/ or fee schedules to other governmental agencies within the State of Florida, unless otherwise stipulated by the proposer within the proposal documents. 11. PERFORMANCE, LABOR, AND MATERIAL BOND REQUIREMENTS A. Performance Bond equal to one hundred percent ( 100 %) of the Contract price will be required. B. Labor & Material Payment Bond equal to one hundred percent ( 100 %) of the Contract price will be required. C. Performance and Labor & Materials Payment Bonds shall accompany the contract, be signed, sealed and dated no earlier than the contract effective date and specifically refer to the contract, by date. D.