Fort Walton Beach Council agenda — 12-24-2010 Regular — reading text

and conditions herein stated. a The terms " equipment and organization" as used herein shall be construed to mean a fully equipped 0 and well established company in line with the best business practice in the industry and as determined by the City. 0 0 XX G. INSPECTION: The City reserves the right to conduct an inspection of the bidder's T- T- facility and equipment prior to the award of the contract. 6 Z XX H. FISCAL YEAR FUNDING APPROPRIATION: Unless otherwise provided by law, a m contract for supplies or services may be entered into for any period of time deemed to be in the best 0 interest of the City, provided the term of the contract and conditions of renewal or extension, if any, are L included in the solicitation and funds are available for the first fiscal period at the time of contract. 3 Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation of a adequate funds by City Council. ti 0 XX I. CANCELLATION DUE TO UNAVAILABILITY OF FUNDS: When funds are not v appropriated or otherwise made available to support continuation of performance in a subsequent fiscal co 0 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 W services delivered under the contract or otherwise recoverable. CO w t XX J. EXECUTION OF CONTRACT: The successful bidder shall, within fifteen ( 15) calendar 0 days after Notice of Award is issued by the Purchasing Agent, enter into a contract with the City for the O performance of work awarded and shall simultaneously provide any required bonds, indemnities and J insurance certificates. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. O 2 W XX K. FAILURE TO EXECUTE CONTRACT: Failure of the successful bidder to enter into a W contract in the proscribed time may be cause for cancellation of the award to that bidder. In the event 0 0 that the award is cancelled, the award may then be made to the second lowest responsive and T responsible bidder, or the City may reject all of the bids. Contractors who default are subject to m suspension and /or removal from the Bidder's List. F- c a XX L. FLORIDA PROMPT PAYMENT ACT: For purposes of billing submission and payment E procedures, a " proper invoice" by a contractor, vendor, or other invoicing party shall consist of at least s all of the following: Q 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); 2. The amount due, applicable discount(s), and the terms thereof; 16 Packet Pg. 37  8. 3. b -] 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; U) L 4. The Purchase Order or Contract Number as supplied by the City; and a 0 U 5. Identification by office or department where and to whom the goods were L delivered or services provided. a 6. 6 All invoices shall be sent to the Accounts Payable Department, City of Fort 4- Walton Beach, 107 Miracle Strip Parkway, Fort Walton Beach, Florida, 32548. 0 0 7. The invoice must be based on a proper delivery, installation, or provision of the E as goods and /or services to and acceptance by the City; the vendor, contractor or other party who is supplying the goods and /or services has otherwise complied with all of the 0 0 contract's terms and conditions and is not in default of any of them; and if the contract T requires any subcontractors or other parties to be bound by similar other " flow- down" requirements are in compliance with those requirements. 6 z m XX M. 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 0 a department or office which has the dispute along with a representative of the City's Purchasing Division L and the invoicing party shall meet to consider the disputed issues. The invoicing party shall provide to a 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. ti 0 This procedure shall commence riot later than 45 days and be resolved not later than 60 days after the date on which the proper invoice was received by the City. If the issue cannot be resolved, then it will m 0 be submitted to the City Manager. Any decision by the City Manager 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. w m w N/ A N. BOND REQUIREMENTS t 0 N/ A 1. Performance Bond equal to one hundred percent ( 100 %) of the Contract price 0 will be required. O N/ A 2. Labor & Material Payment Bond equal to one hundred percent ( 100 %) of the Contract price will be required. w