Fort Walton Beach Council agenda — 02-12-08 regular agenda — reading text

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 fiom the date offinal payment under the prime contract and by the sub- contractor for a period ofthree 3) years from the date of final payment under the sub -contract unless a shorter period is otherwise authorized in writing. 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 oftime deemed to be in the best interest ofthe City, provided the term of the 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 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 ofany 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 " PROPOSEWS 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. Purchasing Department Page: 18  Engineering Services for Wastewater Treatment Evaluation Request for Proposal 08 -109 17. PUBLIC ENTITY CREAM A person or affiliate, as defined in §287. 133 ofthe 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 ofreal 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 of the Florida Statues for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted vendor list. 18. FLORIDA PROMPT PAYMENT ACT: 18. 1 Proper Invoice 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) ofthe goods and/ or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it, o ( r them); 18. 1. 2 the amount due, applicable discount(s), and the terms thereof; 18. 1. 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; 18. 1. 4 the Purchase Order or Contract number as supplied by the City; and 18. 1. 5 an identification by Bureau, Office or Department of the party(ies) to whom the goods 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 acceptance by the City (or party on behalfofthe City); the vendor, contractor or other party who is supplying the goods and/ or services has otherwise complied with all ofthe contract's terms and conditions and is not in default of any ofthem; and ifthe contract requires any subcontractors or Purchasing Department Page: 19 QW.,  Engineering Services for Wastewater Treatment Evaluation Request for Proposa108- 109 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 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. This procedure shall commence not later than forty -five (45) days, and be resolved not later than sixty (60) days, after the date on which the proper invoice was received by the City. Any decision by the Director of Purchasing 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. Ifno decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued. 19. PROiPOSER' S WARRANTY The Proposer 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 herein. 20. INSUrRANCE/PERFORMANCE BONDS Insurance and/ or Performance Bond coverage may be required by the Contract Specifications and shall be in force throughout the Contract term. Should a Contractor fail to provide acceptable evidence of current insurance and/or a Performance Bond within seven ( 7) days prior to the expiration date ofan insurance policy or bond at any time during the Contract term, the City shall have the absolute right to terminate the Contract without any further obligation to the Contractor. The Contractor shall be liable for the entire additional cost ofprrocuring performance and the cost of perfomling the incomplete portion of the Contract at the time oftermination. 21. FLORIDA SALES TAX: The City is a governmental agency and a political subdivision under Florida law. Purchases by the City under this Contract are exempt from Florida sales tax: The City' s tax exempt number is 85- 8012740106C -0. No purchase made by any entity is qualified to be exempt other than those made directly by the City. The City' s sales tax exemption does not apply to goods and services purchased separately by a Contractor in connection with its fulfillment of its Contract Purchasing Department Page: 20 40w, Engineering Services for Wastewater Treatment Evaluation Request for Proposal 08 -109 obligations. The Contractor shall be responsible for paying any taxes, fees or similar payments which are required to be paid in connection with the Contract work. 22. DRUG -FREE WORKPLACE CERTIFICATION: By submitting a proposal in response to this Request for Proposal, you are certifying that your company is a drug -free workplace in accordance with Florida Statute § 287. 087. 23. AMERICANS WITH DISABILITIES ACTS Persons with disabilities needing a special accommodation to participate in this proceeding should contact the City Clerk located at 107 Miracle Strip Parkway SW, Fort Walton Beach, Florida. 32548, telephone ( 850) 833 -9509, not later than SEVEN (7) days prior to the date on which the accommodation is requested. 24. INSURANCE: The CONSULTANT shall procure and maintain for the duration of and in full compliance with the Agreement, insurance against claims for injuries to persons and damages to property which may arise from or in connection with the delivery and supply of products, materials and/ or services to the CITY by the CONSULTANT, his agents, representatives and employees. The cost of such insurance shall be borne by the CONSULTANT. CONSULTANT shall supply evidence ofall coverages required herein prior to execution ofthis Agreement, such evidence of which shall be attached hereto as Exhibit " B" and made a part hereof. Minimum Scope of Insurance shall be as follows: Commercial General Liability, including: l Premises and Operations 2 Products and completed Operations Coverage 3 Blanket Contractual Liability Coverage 4 Independent Contractors 5 Broad Form Property Damage Coverage 6 Personal Injury Liability Coverage Purchasing Department Page: 21 Engineering Services for Wastewater Treatment Evaluation Request for Proposal 08 -109 Automobile Liability Insurance, including: 1 Owned Automobiles 2 Non -owned Automobiles 3 Hired Automobile Workers' Compensation Insurance Employer's Liability Insurance Umbrella Liability insurance Professional Liability Insurance Minimum Limits of Insurance shall be as follows: Commercial General Liability: 1, 000, 000 combined single limit per occurrence and $ 1, 000,000 annual aggregate for bodily injury, personal injury and property damage. Auto Liability: 1, 000,000 combined single limit per occurrence and $ 1, 000,000 annual aggregate for bodily injury and property damage arising from the operations of all owned automobiles, non -owned automobiles and hired automobiles. Workers Compensation: Coverage A as required by the State of Florida and Coverage B $ 500,0001$ 500,0001$ 500,000. Employer's Liability: 100,000 limit per occurrence, $ 500,000 annual aggregate for disease and $ 1, 000,000 limit for disease of an individual employee. Umbrella Liability: 1, 000,000 annual aggregate. Professional Liability: $2, 000,000