Fort Walton Beach Council agenda — 05-08-2007 regular agenda — reading text

completion time as specified in proposer' s submission is an ESSENTIAL CONDITION OF THE CONTRACT. The proposer shall agree that all work shall be prosecuted regularly, diligently, and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified. 12.4 Assignment The successful Proposer shall not enter into subcontractors, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose ofthe ensuing Contract, or any or all of its rights, title or interest herein, or its power to execute such Contract to any person, Purchasing Department Page: 13  Engineering / Consulting Services, Stonnwater Utility Study Request for Proposa 1 07- 113 company or corporation or transfer more than fifty percent ( 50%) of its ownership to a third party without prior written consent of the City. 12.5 Tennination for Convenience The City may at any time, at its sole discretion, without cause, tenninate this Contract for its convenience by written notice to the successful Proposer. The City will calculate the outstanding payments due the Proposer. The City will notify the successful Proposer of the amount owed by the City, which will be immediately be remitted to the Proposer. 12. 6 Tennination for Default Consultants will be in default under the Contract ifthey commit a breach ofthe Contract deemed material to the City. Where such a default occurs the City may tenninate the contract and suspend the Contractor tram consideration for other work for a period not less than one ( I) year. The City may also require the contractor to reimburse the City for the reprocurement cost incurred by the City as a result of reawarding completing the or 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. 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 for the perfonnance 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 grounds for cancellation of the award. 14. 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 perfonnance of such contract or sub- contract. Such books and records shall be maintained by the contractor for a period ofthree (3) years trom the date of final payment under the prime contract and by the sub- contractor for a ofthree period 3) years trom the date of final payment under the sub- contract unless a shorter period is otherwise authorized in writing. Purchasing Department Page: 14  Engineering / Consulting Services, Stonnwater Utility Study Request for Proposa I 07- 113 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 of time deemed to be in the best interest of the the term of City, provided the contract 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 nonrecurring 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 " PROPOSER' 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. THE FORM MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC WITH NOTARY SEAL AFFIXED ON THE DOCUMENT. 17. PUBLIC ENTITY CRIMES: A person or affiliate, as defined in ~287. l33 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. 0l of the Florida Statues for CATEGORY TWO, for a period of36 months from the date of being placed on the convicted vendor list. Purchasing Department Page: 15 Engineering / Consulting Services, Stonnwater Utility Study Request for Proposa 1 07- 113 18. FLORIDA PROMPT PAYMENT ACT: 18.1 ProperInvoice For purposes of billing submission and payment procedures, a " proper invoice" by a contractor, vendor or other invoicing party shall consist of at least all ofthe following: 18. 1. 1 a description ( 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 tenns thereof; 18. 1. 3 the full name of the vendor, contractor or other party who is supplying the goods and/ or services includinga mailing address in case of a dispute and a mailing address for payment purposes ( ifthey are different) and a telephone number; 18. 1.4 the Purchase Order or Contract number as supplied by the City; and 18. 1.5 by Bureau, Office or Department of the party( ies) to whom the goods an identification 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 other party who acceptance by the City (or party on behalf ofthe City); the vendor, contractor or is supplying the goods and/ or services has otherwise complied with all ofthe contract' s tenns and conditions and is not in default of any ofthem; and if the contract requires any subcontractors or other parties to be bound by similar other " flow-down" requirements that those requirements have been complied with. 18. 2 Dispute Resolution In the event a dispute occurs between a contractor, vendor or other (" 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 Purchasing Department and the invoicing party shall meet to consider the disputed issues. The invoicing party shall provide to the City such material and infonnation as the City may reasonably other in require. Any such procedure shall be initiated by either party notifying the writing of a and dispute with specificity its nature. stating This procedure shall commence not later than forty- five ( 45) days, and be resolved not later than sixty ( 60) Purchasing Department Page: 16 Engineering / Consulting Services, Stonnwater