Fort Walton Beach Council agenda — 05-12-09 regular — reading text

established to review and evaluate each proposal. The Evaluation Committee will meet at 10:00 A.M. on April 30, 2009 in the Purchasing Department Office, 107 Miracle Strip Parkway SE, Ft. Walton Beach, Fl. 6. 2 PRESENTATIONS Proposers may be required to make a brief presentation to the evaluation committee. Each proposer will be notified in writing at least three ( 3) days in advance of the presentation date if a presentation is necessary. 6.3 SHORT LIST After review of all proposals and rating by the evaluation committee, the committee will rank, in order of preference, a short list of three ( 3) top proposers. 6.4 RATING SYSTEM The evaluation committee will rate all proposals utilizing the following Weighted Rating System. The average ofthe Total Weighted Ratings assigned by the evaluation committee members will be used to rank the proposals. BIDDER: ASSIGNED WEIGHTED EVALUATION CRITERIA WEIGHT RATING RATING Suitability of Proposal to Meet the City' s, Requirements 20% Past Performance References 10% Price and Warranty Offerings 30% Qualifications & Experience of firm in providing golf carts under lease agreements. 10% Location of Service Provider 15% Ability to meet or exceed the cart delivery requirements. 15% TOTAL WEIGHTED RATING: 7. QUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS 7. 1 PROHIBITION OF COMMUNICATION To ensure fair consideration for all proposers, the City prohibits communication to or with any department, bureau, or employee during the submission process, except as provided below. Additionally, the city prohibits communications initiated by a proposer to the City official or employee evaluating or considering the proposals prior to the time an award decision has been made. If a proposer initiates communications, that act may be grounds for disqualifying the proposer from consideration for award of the proposal. 7. 2 POINT OF CONTACT 7.2. 1 The Purchasing Agent, or a designee, will initiate any necessary communication with a proposer to obtain information or clarification to allow the evaluation committee to properly and accurately rate the proposals. 7.2.2 The Purchasing Agent, or a designee, may discuss a proposal directly with the responsible proposer to get clarification and 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. 7.2. 3 A proposer shall address any questions regarding interpretation of specifications or 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. 7.3 RESPONSIBILITY FOR KNOWLEDGE OF ADDENDA All proposers must contact the Purchasing Department 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. 7.4 PURCHASING AGENT ADDRESS: All proposers shall direct communications and inquiries to: Purchasing Department Attn: William Worlds PO Box 4009 107 Miracle Strip Pkwy SW Fort Walton Beach, Florida 32549 850) 833 -9523 Fax ( 850) 833 -9643 Website: http:// www.fwb.org 8. CONDITIONS OF PROPOSALS 8. 1 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. 8.2 COMPLETENESS All information required by the Request for Proposal must be supplied to constitute a legitimate proposal. 8.3 PUBLIC OPENING All proposals will be publicly opened at the time and place specified and made available for public inspection within ten ( 10) days after the proposal opening or when an award decision is made, whichever is earlier. 8.4 AWARD PRESENTATION The Golf Club Administrator has tentatively scheduled to present the proposals to City Council on May 12, 2009, for recommendation to proceed with negotiations with the highest ranked Proposer, or to reject all proposals. 9. TERMS AND CONDITIONS OF CONTRACT 9. 1 CONTRACT REQUIRED The City and the successful proposer shall enter into an appropriate contract for services/equipment that will include, but not be limited to and may be superseded by such Contract, the following terms and conditions. 9.2 INDEPENDENT CONTRACTOR STATUS; INDEMNITY At all times the contractor will be an independent contract 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. 9.3 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 ofpatent 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. 9.4 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. 9. 5 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. 9.6 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. 9. 7 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. 9.8 FIRM PRICE FOR TERM Cost specified in the proposal shall remain firm for the initial period of the contract. Increases or decreases in following years may be re- negotiated and shall be subject to appropriation by City Council. 9. 10 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. 10. 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 ofthree (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. 11. FISCAL YEAR FUNDING APPROPRIATION 11. 1 SPECIFIED PERIOD Unless otherwise provided by law, a contract for supplies or services may be entered into for any period oftime deemed to be in the best interest ofthe City, provided the term ofthe contract and conditions ofrenewal or extension, ifany, 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 of funds by the City Council for any additional years. 11. 2 CANCELLATION DUE TO UNAVAILABILITY OF FUNDS IN SUCCEEDING FISCAL PERIODS When funds are not appropriated or otherwise made available to support continuation ofthe contract in any subsequent fiscal period, the contract may be terminated or modified. Ifthe contract is terminated, the contractor shall be entitled to reimbursement for any work delivered or conducted pursuant to the contract. 12. 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 will be rejected if the proposer' s certification is not submitted with the proposal. 13. PUBLIC ENTITY CRIMES 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 ofthe Florida