Fort Walton Beach Council agenda — 09-10-13--regular — reading text

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. 13. 0 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 of three ( 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. 14. 0 FISCAL YEAR FUNDING APPROPRIATION 14. 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 City, provided the term of 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 of funds by the City Council for any additional years. 14. 2 CANCELLATION DUE TO UNAVAILABILITY OF FUNDS IN SUCCEEDING FISCAL PERIODS. When funds are not appropriated or otherwise made available to support continuation of the Contract for Services in any subsequent fiscal period, the Contract may be terminated or modified. If the Contract is terminated, the contractor shall be entitled to reimbursement for any work delivered or conducted pursuant to the Contract. 15. 0 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.  15. 1. b Pay and Cl. s ffl anon SWdy for the Gty of Port Wagon Brach, FL UP 13- 018 16. 0 PUBLIC ENTITY CRIMES FORM A person or affiliate, as defined in § 287. 133 of the Florida Stamtes, 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 of the Florida Statues for category two, for a period of 36 months from the date of being placed on the convicted vendor list. 17. 0 FLORIDA PROMPT PAYMENT ACT 17. 1 PROPER INVOICE. For purposes of billing submission and payment procedures, a " proper invoice" by a contractor, vendor or other invoicing party shall include at least the following information: 17. 1. 1 A description, including quantity, of the goods or services provided to the City reasonably sufficient to identify the goods or services; 17. L2 The amount due, applicable discounts, and the terms of payment; 17. L3 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; 17. 1 4 The purchase order or contract number as supplied by the City; 17. L5 Identification by office, division, or department of to whom the goods or services were delivered or provided; 17.2 DELIVERY OF INVOICE. All invoices, to be considered a proper invoice, shall be delivered to Accounts Payable, City of Fort Walton Beach, 107 Miracle Strip Parkway SW, Fort Walton Beach, Florida, 32548. 17. 3 DELIVERY ACCEPTANCE REQUIRED. An invoice will not be considered proper unless there has been delivery, installation, or provision of the goods or services to the correct City office, division, or department; there was acceptance by the City of the goods or services; and the contractor has otherwise complied with all of the contract's terms and conditions and is not in default of any of them. 17. 4 INVOICE DISPUTE PROCEDURE. If there is a dispute between the City and contractor regarding an invoice, the City or contractor may initiate this invoice dispute procedure. Either party can initiate the dispute procedure, within 45 days after the receipt or denial of an invoice, by providing the other party in writing of a dispute and stating the specifics of the dispute. The parties shall exchange all materials and information to support their claims and provide a copy of all materials and  75. I. b Pay and Classification Study for the ON of Fort Walton Beach, FL RFP 13 -018 information to the Financial Services Director. The Financial Services Director shall review all materials and information and conduct a meeting with the contractor and the responsible City office, division, or department. The Financial Services Director shall then issue a written final decision no later than 60 days after the dale of notice of the dispute. The final decision shall be immediately mailed or hand -delivered to the contractor. 18. 0 PROPOSER' S WARRANTY The proposer acknowledges and 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 in this request for proposal. 19. 0 DRUG -FREE WORKPLACE CERTIFICATION By submitting the Drug Free Workplace Form as pan of this request for proposal, you are certifying that your company is a drug -free workplace in accordance with § 287. 087 of the Florida Statutes. 20. 0 AMERICANS WITH DISABILITIES ACT Persons with disabilities needing a special accommodation to participate in this proceeding should contact the City Clerk, 107 Miracle Strip Parkway SW, Fort Walton Beach, Florida 32548, telephone ( 850) 833 -9510, at least seven ( 7) days before the date on which the accommodation is requested. 21. 0 PURCHASE CONTRACTS WITH OTHER GOVERNMENT AGENCIES The submission of any proposal in response to this request for proposal constitutes a proposal made under the same terms and conditions, for the same contract prices and/ or fee schedules to other governmental agencies within the State of Florida, unless otherwise stipulated by the proposer within the proposal documents. 22. 0 INSURANCE /PERFORMANCE BONDS Insurance and/ or performance bond coverage may be required by the Contract. Such insurance or bond shall be continued in effect for the term of the contract. Should a Contractor fail to provide acceptable evidence of current insurance and /or a performance bond within seven ( 7) days before the expiration date of an insurance policy or bond, the City shall have the right to terminate the Contract. 23. 0 INSURANCE A successful proposer must provide evidence of insurance coverage, to be specified in the Contract and delivered at the time of execution of the Contract, which is equal or exceeds the City's minimum standards for this type of service. As outlined below, such insurance shall be written by a company licensed to do business in the State of Florida and have an A. M. best rating of at least A- 23. 1 WORKERS COMPENSATION Coverage A - To be in conformity with Florida Starnes Coverage B - 500, 0001$ 500, 0001$ 500, 000  75. 7. b Pay and Classification Study for the City of For Walton Beach, FL UP 13 -018 23. 2 COMMERCIAL GENERAL LIABILITY 23. 2. 1 Each occurrence for: Bodily Injury/Property Damage 1, 000, 000 Products/ Completed Operations 1, 000, 000 23. 12 Annual Aggregate for: Bodily Injury /Property Damage 2, 000, 000 Products /Completed Operations 2, 000, 000 23. 2. 3 All coverage above shall include the following provisions: the City of For Walton Beach shall be an additional insured; the policy shall not be cancelled unless the City is given at least thirty (30) days advanced notice; contractual liability; and any coverage' s which are eliminated, restricted or reduced to less than what is commonly provided by standard I.S. O. forms must be indicated. 23. 3 COMMERCIAL AUTOMOBILE LIABILITY- Combined single limit for bodily injury and/ or property damage: $ 1, 000, 000. This coverage shall include the following provisions: the City of Fort Walton Beach shall be an additional insured; the policy shall not be cancelled unless the City is given at least thirty ( 30) days advanced notice; contractual liability; any coverage' s which are eliminated, restricted or reduced to less than what is commonly provided by standard I. S. O. forms must be indicated; and symbol " 2" Any Auto) or the equivalent shall be used to designate which autos are insured. 23. 4 PROFESSIONAL LIABILITY The Contractor shall carry professional liability insurance in an amount of not less than $ 500, 000. 00. 24. 0 POINT OF CONTACT - 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 submissions. 24. 1 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