Fort Walton Beach Council agenda — 11-18-09 regular agenda — reading text

Performance Bond 24. 1.1 The Contractor will execute and deliver to the City, within thirty ( 30) days after notification of award, a Performance "Bond, or Unconditional Irrevocable Letter of Credit payable to the City, in the face amount of 100,000. 00 as surety for faithful performance under the terms and- conditions of the Contract. If the Bond is on an annual coverage basis, renewal of each succeeding year shall be submitted to the City thirty (30) days prior to the tennination date ofthe existing Bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florid~ and having a resident agent. If a letter of credit is chosen, it must be in a form acceptable to the City, drawn on a bank acceptable to the City, and issued in favor of the City. 24. 1. 2 Acknowledgement and agreement is given by both parties that the amount herein above set is not intended to be or shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of the Agreement by the Contractor. Purchasing Department Page: 18  Cemetery Burial Services Request for Proposal 09- 102 STANDARD FORMS- THE FORMS LISTED BELOW ARE TO BE COMPLETED AND SUBMITTED WITH YOUR PROPOSAL, AND ARE ATTACHED HEREWITH: 1. PROPOSER' S CERTIFICATION 2. ADDENDUM PAGE 3. REFERENCES NOTE: PLEASE ENSURE THAT ALL OF THESE DOCUMENTS ARE COMPLETED AND SUBMITTED WITH YOUR PROPOSAL. FAILURE TO DO SO MAY RESULT IN YOUR PROPOSAL NOT BEING CONSIDERED FOR AWARD. Purchasing Department Page: 19 Cemetery Burial Services Request for Proposal 09- 102 PROPOSER' S CERTIFICATION I have carefully examined the Request for Proposal, Instructions to Proposers, General and/or Special Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or made a part of this Request for Proposal. I hereby propose to furnish the goods or services specified in the Request for Proposal at the prices or rates quoted in my.proposaL I agree that my proposal will remain fmn for a period ofup to ninety (90) days in order to allow the City adequate time to evaluate the proposals. I agree to abide by all conditions of this proposal. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf ofthe vendor/contractor as its act and deed and that the vendor/ contractor is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the or service; no officer, employee or agent of the City of Fort Walton Beach or of any other same product this Proposer's Certification with full proposer interested in said proposal; and that the undersigned executed knowledge and understanding of the matters therein contained and was duly authorized to do so. NAME OF BUSlNESS Sworn to and subscribed before me BY: this day of SIGNATURE 2008 NAME & TITLE, TYPED OR PRINTED Signature of Notary Notary Public, State of MAJLING ADDRESS Personally Known OR- CITY, STATE, ZIP CODE Produced Identification Type: TELEPHONE NUMBER FAX NUMBER Purchasing Department Page: 20 Cemetery Burial Services Request for Proposal 09- 102 ADDENDUM PAGE The undersigned acknowledges receipt of the following addenda to the Documents ( Give number and date of each): Addendum No.. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated FAILURE TO SUBMIT ACKNOWLEDGMENT OF ANY ADDENDUM THAT AFFECTS THE PROPOSAL PRICES IS CONSIDERED A MAJOR IRREGULARITY AND WILL BE CAUSE FOR REJECTION OF THE PROPOSAL. Company Signature Title Purchasing Department Page: 21  Page 1 of3 Jeff Peters From: Toni Craig [ tonicraig@cox. net] Sent: Tuesday, November 11, 2008 10: 11 PM To: Jeff Peters Subject: RE: Cemetery Burial Services Contract Jeff It is my opinion that there is not a statutory conflict of interest if Turn Key is awarded this contract. Section 112. 3135, Restriction on employment of relatives, Florida Statutes, includes in the definition of public official" an employee of the city " to whom the authority has been delegated,... to recommend individuals for appointment, employment, promotion, or advancement in connection with employment" with the City. A " relative," for purposes of the statute is someone " related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in- law, mother-in- law, son- in- law, daughter-in- law, brother-in- law, sister-in- law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister." Then, the statute prohibits a public official from recommending or advocating for the employment of a relative. While the Turn Key owner is a relative of the Cemetery Supervisor, the Cemetery Supervisor did not participate in the selection process, and to my knowledge, did not speak with anyone on the selection committee regarding the bidders. She is not a public official within the definition of the statute. You may have planned to do these things already, but I do advise that: 1) the Cemetery Supervisor should be properly instructed on policy 3. 02 (A) below; 2) there should be a formal contract for the burial services that emphasizes the independent contractor status of Turn Key; and 3) there should be a review of contract performance, perhaps every 90 days or so. Please call if you have questions. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243- 6969 www. tonicraig. info From: Jeff Peters [ mailto: jpeters@fwb. org] Sent: Monday, November 10, 2008 3: 16 PM To: Toni Craig Cc: Joyce Shanahan Subject: Cemetery Burial Services Contract Toni We held the Cemetery Burial Services selection committee meeting on Monday, November 10th. We had three 3) companies bid on the services for the cemetery: Gulf Coast Wilbert, Tim White Vault and Monument Company, and Turn Key Vault and Burial Services, Inc. The selection committee included: Brandy Wunker, Jeff 11/12/ 2008