ANTI-DISCRIMINATION: The Bidder certifies compliance with the non-discrimination clause contained in Section 202. Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin.
AWARD: The City shall award the contract to the lowest fully responsive and responsible Bidder(s); provided, that the City may award the contract to a Bidder(s) other than the lowest Bidder should it find the lowest Bidder(s) does not offer the reliability, quality of service or product afforded by such other Bidder(s). The City reserves the right to issue multiple awards if it is in the City’s best interest.
BIDDER ACKNOWLEDGEMENT: By submitting a bid/proposal, the Bidder certifies and or acknowledges that they have full knowledge of the scope, nature, quality of product to be provided, and/or quality of work to be performed.
Submission of a bid/proposal indicates acceptance by the individual or vendor of the conditions contained in this RFB, unless clearly and specifically noted in the RFB submitted and confirmed in the contract between the City Mary Esther and the individual or vendor selected.
BIDDER EXPENSES: The City is not responsible for any expenses that a Bidder may incur in preparing and submitting a bid/proposal called for in this request. The City will not pay for any out-of-pocket expenses, such as word processing, photocopying, postage, per diem, travel expenses and the like, incurred by the Bidder. The City will not be liable for any costs incurred by the Bidder in connection with any interviews/presentations (i.e., travel, accommodations, etc.).
CHANGE ORDER: No out-of-scope services shall be performed in the absence of prior written authorization in the form of a written supplemental agreement and issuance of an appropriate amendment to the contract.
CONFLICT OF INTEREST: The award of any Contract hereunder is subject to the provision of Chapter 112, Florida Statutes. Bidders must disclose with their bid/proposal the name of any officer, director, partner, proprietor, associate, or agent which is also an officer or employee of the City or of its boards or committees. Bidders must disclose the name of any officer or employee of the City who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder’s organization or any of its branches or affiliate companies.
DEFAULT/FAILURE TO PERFORM: The City of Mary Esther shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder to accept the award, to furnish required documents, and/or fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder to meet any terms of this agreement, the Purchasing Division will provide the Bidder three (3) days notice (weekends and holidays excluded) to remedy the default. Failure on the Bidder’s part to correct the default within the required three (3) days shall result in the contract being terminated, upon the Purchasing Manager notifying in writing the Bidder of its intentions and the effective date of the termination. The following shall constitute default: The City of Mary Esther may terminate the Contract if the Bidder fails to (1) deliver the product or services within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement.
DEVIATION FROM SPECIFICATION: Any deviation from specifications must be clearly stated, explained in detail, and accepted by the City Manager in writing. Otherwise, items offered are expected to be in strict compliance with specifications and the successful Bidder shall be held accordingly.
DOING BUSINESS WITH THE CITY. When a vendor is awarded a contract with the City, the City will request a copy of the vendor’s completed W-9 to register the vendor in the City’s financial system for invoice processing and payment.
E-VERIFY: The awarded Bidder becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., “Employment Eligibility”, as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all employees hired after January 1, 2021, and requiring all sub-Bidders to provide an affidavit attesting that the sub-Bidder does not employ, contract with, or subcontract with, an unauthorized alien. The Bidder shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a sub-Bidder knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Bidder, the Bidder may not be eligible for or awarded a public contract for a period of one (1) year after the date of termination.
FORCE MAJEURE: Neither the City nor the Bidder shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control, including but not limited to wars, acts of God, acts of terror, labor disputes, flood, windstorm, explosion, riots, sabotage, and fire and pandemic, provided that prompt notice of such delay is given to the other party. The time for performance shall be extended for a period equal to the duration of the Force Majeure.
INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful Bidder shall indemnify, save harmless and defend the City, its agents, servants, or employees from and against any and all claims, liability, losses and/or causes of action which may arise from any negligent act or omission of the successful Bidder, its sub-Bidders, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these Bid documents and/or resultant contract.
If any third-party claim is made against the City that, if sustained, would give rise to indemnification liability of the Bidder under this Agreement, the City shall promptly cause notice of the claim to be delivered to the successful Bidder and shall afford the Bidder and its counsel, at the Bidder’s sole expense, the opportunity to join in defending or compromising the claim.
INSURANCE: Bidder shall at its expense maintain in force, as required by the City, insurance on policies and insurers acceptable to the City as required by the City’s Insurance Requirements.
Within thirty (30) days of the date of the Award, and thereafter upon the written request of the City, Bidder shall furnish to the City such certificates of coverage and certified copies of policies pursuant to the City’s Insurance Requirements. In order to satisfy this provision, the documentation required by this part must be sent to the following address: ATTN: City Clerk at
dmorris@cityofmaryesther.com, and must be submitted electronically or in hard copies delivered to Mary Esther City Hall, 195 Christobal RD N. Mary Esther, FL 32659.
INTERPRETATIONS: Any questions concerning conditions and specifications shall be directed to the Purchasing Manager. Interpretations that may affect the eventual outcome of this Bid will be furnished in writing to all prospective Bidders. No interpretation shall be considered binding unless provided in writing by the City of Mary Esther.
MINOR IRREGULARITIES/INFORMALITIES: The City of Mary Esther reserves the right to both waive any irregularities or informalities in bids/proposals and to determine, in its sole discretion, whether or not an informality is minor.
NON-COLLUSION: The Bidder certifies that this Bid has not been arrived at collusively or otherwise in violation of federal, state, or local laws. Bidder shall certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm or person submitting an offer for the same materials, services, supplies or equipment and is in all respects fair and without collusion or fraud.
No premiums, rebates or gratuities are permitted, either with, prior to or after any delivery of material or provision of services. Any violation of this provision may result in the Contract cancellation, return of materials or discontinuation of services.
NOTIFICATIONS: The City Mary Esther’s official website for notices, Bids, addendums, and other documents is located at
www.cityofmaryesther.com/bids. The City is not under any obligation and does not guarantee that Bidders will receive email notifications concerning the posting, amendment or close of solicitations. Bidders are responsible for checking
www.cityofmaryesther.com/bids for information and updates concerning solicitations or they may contact the City Clerk.
OPTIONAL CONTRACT USAGE BY OTHER GOVERNMENTAL AGENCIES: All Bidders submitting a response to this Request for Bids agree that such response also constitutes a proposal to other Florida governments under the same conditions, for the same contract price, and for the same effective period, should the Bidder feel it is in their best interest to do so.
PAYMENT: Upon acceptance of work by the City, the City shall make payment to the Bidder in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. The City reserves the right, with justification, to partially pay any invoice submitted by the Bidder when requested to do so by the City’s Department Representative. All invoices shall be directed to Accounts Payable, City of Mary Esther. Payment for invoices will be made via ACH or Virtual Credit Card only.
PURCHASING POLICIES. For more information on the City’s purchasing policies and procedures, or to review the City’s purchasing policies, please contact the City Clerk.
PUBLIC ENTITY CRIMES: By submission of response to the City’s Request for Bids, Bidder acknowledges and agrees to the following: A person or affiliate 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 for leases of real property to a public entity, may not be awarded or perform work as a Successful Bidder, contractor, supplier, sub-Bidder, 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 Section 287-017 Florida Statues, for CATEGORY TWO for a period of 36 months from the date of being placed on the Convicted Vendor List (Section 287.133, Florida Statutes).
PUBLIC RECORDS: Certain exemptions to the public records law are statutorily provided for in Section 119.07, Florida Statues. If the Bidder believes any of the information contained in his or her response is exempt from disclosure, then the Bidder must in her or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption. Otherwise, the City will treat all materials received as public records once that information is determined to be available for public inspection.
If the City rejects all Bids or replies submitted in response to a competitive solicitation and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Bid or replies remain exempt from Section 119.07(1) and Section 24(a) of the State Constitution until such time as the City provides notice of an intended decision concerning the reissued competitive solicitation, or until the City withdraws the reissued competitive solicitation. A Bid, proposal, or reply is not exempt for longer than 12 months after the initial agency notice rejecting all Bids, or replies.
The City is a public agency subject to Chapter 119, Florida Statutes. The Bidder shall comply with Florida’s Public Records law. Specifically, the Bidder, shall:
The failure of the Bidder to comply with the provisions set forth in this section shall constitute a material breach of Agreement and shall be cause for immediate termination of the Agreement.
If the Bidder has questions regarding the application of Chapter 119 Florida Statutes, to the Bidder’s duty to provide public records relating to this contract, contact the custodian of public records at the City of Mary Esther, City Clerk, Mary Esther City Hall, 195 Christobal RD N. Mary Esther, FL 32659; 850-243-3566 or dmorris@cityofmaryesther.com.
REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION: The Bidder shall furnish such additional information/clarification as the City may reasonably require. This includes but is not limited to information that indicates Bidder financial resources as well as the ability to provide and maintain the goods or services requested.
RESPONSIBLE VENDOR DETERMINATION: Respondent is hereby notified that Section 287.05701, Florida Statues, requires that the City may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.
RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the Bidder’s risk. The City reserves the right to reject all Bids, or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents.
If Bidder purports to add terms or conditions to its bid/proposal, takes exception to any provisions of the Bidding Documents, or attempts to alter the contents of the Contract Documents for the purposes of the bid/proposal, whether in the bid/proposal itself or in a separate communication to the City, then the City will reject the bid/proposal as nonresponsive.
RECOMMENDATION OF AWARD INFORMATION: Notice of Award, bids/proposals currently available, and tabulation sheets will be available upon request. Bidders who do not have Internet access may request a copy of the tabulation by contacting the City Clerk. (NOTE: information will be provided in accordance with the requirements contained in the section above regarding PUBLIC RECORDS).
RESPONSIBLE BIDDER: A Bidder, business entity or individual who submits a bid/proposal and who has furnished, when required, information and data to prove that its financial resources, production or service facilities, personnel, service reputation and experience are adequate and fully capable to make satisfactory delivery of the goods or services described in the bid/proposal. The City may review vendor performance on City Contracts, and other public entity contracts, in arriving at a determination as to whether a Bidder meets the definition of a responsible vendor who may be recommended for award.
RESPONSIVE BIDDER: A Bidder, business entity or individual who has submitted a Bid or Bid that fully conforms in all material respects to the Request for Bids/Request for Proposals and all of its requirements, including all form and substance.
TAX EXEMPTIONS: The City of Mary Esther is tax-exempt. The City of Mary Esther’s tax-exempt number is 85-80126413C-6.
TIME FOR CONSIDERATIONS: Bids will be irrevocable after the time and date set for the opening of Bids and for a period of ninety (90) days thereafter.
