Fort Walton Beach Council agenda — 03-12-13--regular — reading text

4 of28  welsAS punoS 6uipue3 Oto -8l d=IU PJemV : OZZZ) suoponPOJd OSl - OIO- CL dju ,luawyoegV lo,r Fl J- wV Nr Von wwfon naing Noma N a0) I.o GENERAL TERMS & CONDITIONS OF PROPOSALS AND CONTRACT: au PUBLIC OPENING: All proposals will be publicly opened and the list of am 1. 1 proposers read aloud in the Conference Room at City Hall Amex Building, 105 Miracle Strip Pkwy SW, Fort Walton Beach, FL at the time specified and will be made available for public inspection within THIRTY (30) days after the proposal opening or when an award decision is made, whichever is earlier. 1. 2 AMERICANS WITH DISABILTTIES 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, FL 32548, (850) 833 -9509, at least seven (7) days before the date on which the accommodation is requested. 1. 3 CONTRACT REQUIRED: The City and the successful proposer shall enter into a Contract for Services that will include, but not be limited to, and may be superseded by such Contract, the following terms and conditions. 1. 3. 1 Independent Contractor Status: Indemnity: At all times the contractor will be an independent contractor 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 ofor due to the mere existence of the Contract between the parties. 1. 3. 2 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 of any patent or copyright ofthe United States. The Proposer shall pay all damages and costs awarded against the City. 1. 3. 3 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 w specified by the City. 1. 34 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. 12 or28  welsRS punoS 6uipue3 OL0-£ l ddU P emV : OZZZI suoilonpord OSl- Ot0-£ t d=IH : IuawyoeRtl a [ c 1. 11 -M i` 31t L311f1 J W( IJ [ t - N a 1. 3. 5 Termination for Convenience: The City may terminate for its a convenience at any time, in whole, or in part, any proposal award. In m a the event of termination for convenience, the City' s sole obligations will be to reimburse Proposer for ( 1) those goods and/ or services actually shipped / performed and accepted up to the date oftermination, and ( 2) costs incurred by the Proposer for unfinished goods, which are specifically manufactured for the City and which are not standard products of the Proposer, as ofthe date oftermination, and areasonable profit thereon. In no event is the City responsible for loss ofanticipated profit nor will reimbursement exceed the proposal value. 13.6 Termination for Default: The City may terminate all or any part of an award resulting from this proposal, by giving notice of default to the Proposer, if the Proposer: ( 1) refuses or fails to deliver the goods or services within the time specified, ( 2) fails to comply with any of the provisions of this Proposal or so fails to make progress as to endanger performance hereunder, or, ( 3) becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the City' s liability will be limited to the payment for goods and/ or services delivered and accepted as of the date of termination. 1. 3. 7 Failure To Execute Contract: Failure of the successful proposer to enter into a contract in the prescribed time may be cause for cancellation of the award to that proposer. In the event the award is cancelled, the award may then be made to the second lowest responsive and responsible proposer, or the City may reject all of the proposals. Contractors who default are subject to suspension and/ or removal from the City' s Proposers List. 1. 3. 8 Right To Audit Records: The City shall be entitled to audit the books and records ofa contractor or any subcontractorto 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 ofthree (3) years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing. 1. 3. 9 Fiscal Year Funding Appropriation: Unless otherwiseprovidedby this request, the contract for supplies or services may be entered into for a one year period of time. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation of funds by the City Council for any additional years. 1. 4 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 may be rejected ifthe proposer' s certification is not submitted with the proposal. 13 of 28  wals6s punos 6uipue3 00-CL ddtl PJUMV : OZZZ) suogonpo' d OSa' OLO- CL d=lu quawgoeLlV a n waaon Laading sound aystiem N a 1. 5 PUBLIC ENTITY CRIMES: A person or affiliate, as defined in Chapter u 287. 133 of the Florida Statutes, who has been placed on the convicted vendor list following a e conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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 ofthe threshold amount provided in Chapter 287.01 ofthe Florida Statues for category two, fora period of 36 months from the date of being placed on the convicted vendor list. 1. 6 FLORIDA PROMPT PAYMENT ACT: 1.1. 6.6. 11 ProperProper Invoice:Invoice: ForFor purposespurposes ofof billingbilling submissionsubmission andand paymentpayment procedures,procedures, aproperaproper invoiceinvoice byby aa contractor,contractor, vendorvendor oror otherother invoicinginvoicing partyparty shallshall includeinclude atat