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City of Bartow, FL

Invitation to Bid

Hardware, Tools, and General Maintenance Supplies and Equipment Project ID: CSB - 27-01

RELEASE DATE: October 23, 2026

RESPONSE DEADLINE: October 20, 2031, 12:00 am

Please refer to the project timeline in this document for all important deadlines.

#CSB - 27-01

Title: Hardware, Tools, and General Maintenance Supplies and Equipment

Table Of Contents

1. INTRODUCTION AND BACKGROUND INFORMATION

2. INSTRUCTIONS TO BIDDERS

3. FOR SEALED HARD COPY SUBMISSION ONLY: ADDRESS LABELS

4. SCOPE OF WORK

5. STANDARD TERMS AND GENERAL CONDITIONS

6. VENDOR SUBMITTAL FORMS

SECTION 1: INTRODUCTION AND BACKGROUND INFORMATION

1.1. Purpose of Solicitation

The City of Bartow, Florida (the “City”) is seeking catalog or retail discounts from qualified vendors interested in supplying hardware, tools, and general maintenance supplies and equipment for the City’s Public Works Department and other City departments on an ongoing, as-needed basis.

Supplies and equipment purchased under this bid will support routine building and facility maintenance, repairs, field operations, and other day-to-day maintenance needs across City departments.

1.2. City Background Information

The City of Bartow, Florida (the “City”) was granted its municipal charter in 1882. It is located in Central Florida, within Polk

County, and is accessible from U.S. Highway 17 and State Highway 60. Its neighboring cities are Lakeland and Winter Haven, and it is situated between Tampa and Orlando. It is the County Seat and serves a resident population of approximately 20,615.

The City provides many municipal services, including Fire Protection, Police Protection, Public Works, Parks, Recreation & Cultural

Arts, Library Services, Golf Course, Electric Distribution, Water Treatment Plant, Wastewater Treatment Plant, Stormwater

Treatment, Fiber Optic Services, and Solid Waste Collection.

The City is seeking catalog or retail discounts from qualified vendors interested in supplying hardware, tools, and general maintenance supplies and equipment for multiple City departments on an ongoing, as-needed basis in accordance with the scope of work and specifications provided herein. City departments are located throughout the City within City limits. Vendors must provide a minimum

10% discount off the retail/catalog price or sale price, whichever is less, on purchases made by City employees on behalf of the City.

SECTION 2: INSTRUCTIONS TO BIDDERS

2.1. Bid Schedule

ITB-CS Solicitation Issued: October 23, 2026

Question Submission Deadline: October 20, 2031, 12:00am

Response Submission Deadline: October 20, 2031, 12:00am

2.2. Award

Award: will be made to all responding qualified vendors meeting the scope of work, qualifications and specifications. Vendors must submit all required submittal documents to be considered responsive. Failure to submit the required documents shall subject the submittal to rejection. All costs related to items provided should be listed at a fair and reasonable price and based on the minimum discounts listed within the scope of work; failure to do so may cause the bid to be non-responsive and rejected.

The City of Bartow Procurement Department and/or User Department shall be the sole judge of what is fair and reasonable. The City reserves the right to reject any or all bids and/or waive any minor irregularities in the bids received, whichever would be in the best interest of the City. In addition, the following may be considered prior to awarding and adding a vendor to the approved Qualified

Vendors List (QVL):

o Vendor’s evaluation – quality of performance on previous projects.

o The ability, capacity, equipment and skill of the bidder to fulfill the contract.

o Whether or not the bidder can fulfill the contract within the time specified, without delay or interference.

o The character, integrity, reputation, judgment, experience and efficiency of the bidder.

o The previous and existing compliance by the bidder with laws and ordinances relating to the contract.

o The sufficiency of the financial resources to fulfill the contract to provide the goods and/or services.

o The quality, availability and adaptability of the suppliers or contractual services to the particular use required.

o The ability of the bidder to provide future maintenance and service, as required or needed.

o The number and scope of conditions attached to the bid.

2.3. Bid Term

This bid shall be for an on-going period and shall remain open for bidding for no more than 5-years from the issuance date, unless terminated sooner in accordance with Section 5. Standard Terms and General Conditions, of this bid package and shall not contain any renewal options thereafter.

Please note the City will review and evaluate performance at least once annually to include any required updates to be provided by the vendors listed with the scope of work.

2.4. F.O.B. Destination

All prices covered by this bid/contract will include the cost of transportation to the City of Bartow, Florida.

2.5. Packaging

All containers shall be suitable for storage or shipment, and all prices should include standard commercial packaging.

2.6. Taxes

No taxes shall be included in any bid price. The City of Bartow is exempt from state and federal sales use and excise tax.

2.7. Prices

Unless otherwise specified, all prices and/or discounts shall be firm for the duration of the original contract/purchase order. In the event of price decreases the City of Bartow shall be given full proportionate benefits immediately at any time during the contract period.

2.8. Invoices

Invoices: Any invoices at higher prices than the contract price shall be held until proper credit memorandums have been received. Any applicable cash discounts that apply as the result of this contract shall be taken even though the allowable time has elapsed due to the time awaiting credit memorandums.

• All original invoices shall be mailed to the City of Bartow, Attn: Accounts Payable, 450 N. Wilson Ave., Bartow, Florida 33830 or they may be emailed to: cbrown.finance@cityofbartow.net.

• The bidder shall include the bid number and/or the purchase order number on all invoices. By submitting an invoice, Bidder’s Project Manager or any authorized officer is attesting to the correctness and accuracy of all charges. Invoices will be processed for payment when approved by the appropriate User Division/ Department. The City’s payment of an invoice shall not constitute evidence of the City’s acceptance of the Bidders performance of the Service or the City’s acceptance of any work.

2.9. Discounts

Bidders may offer a cash discount for prompt payment (within 30 days); however, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes. Bidders are encouraged to reflect cash discounts on the prices quoted.

2.10. Payments

All payments will be made in accordance with the Florida Prompt Payment Act. The payment due date for the purchase of goods or services other than construction services is 45 days after the date specified in s. 218.73. The payment due date for the purchase of construction services is specified in s. 218.735.

2.11. Manufacturer’s Name

Any manufacturer’s name, trade name, brand name, information and catalog numbers used herein are for proposes of description and establishing general quality levels. References are not intended to be restrictive of any products that manufacturer may offer. The determination as to whether any alternate product or service is equal shall be made by the city of Bartow and such determination shall be final and binding among all bidders.

2.12. Safety Standards

Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of

Occupational Safety and Health Act (OSHA) and carry evidence of Underwriters Laboratories’ Listings (UL).

2.13. Toxic Substances

Chapter 442 of the Florida Statue states that manufacturers, importers or distributors of any toxic substance shall prepare and provide each direct purchaser of such toxic substance with Material Safety Data Sheet(s), herein referred to as MSDS, which to the best of the manufacturer’s, importer’s or distributor’s knowledge, is current, accurate and complete based on information then reasonably available to the manufacturer, importer or distributor. Upon notification of a new or revised MSDS the manufacturer, importer or distributor, on a timely basis not to exceed three (3) months after notification, shall provide the City with the revised information as it becomes available to the manufacturer, importer or distributor. Failure to provide the MSDS, when applicable, shall be cause for rejection of bid.

2.14. Specifications

Any deviations from bid specifications indicated herein shall be clearly stated, otherwise it shall be considered that items offered are in strict compliance with specifications, and the successful bidder shall be held responsible. Deviations shall be explained in detail.

mailto:cbrown.finance@cityofbartow.net http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0218/Sec73.htm#0218.73 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0218/Sec735.htm#0218.735

2.15. Estimated Quantities

This section applies to bids/contracts in which purchases will be made as needed over a period of one (1) year or more. In this case, quantities shown are estimates of usage anticipated during the contract period and may vary.

2.16. Placing of Orders

The award of this bid does not constitute an order. Before shipments or service is provided, the vendor shall receive a signed Purchase

Order or Purchase Order number. In some cases, vendors shall be issued blanket orders. In this case shipments shall be specified on the order.

2.17. Performance

Efficient service is essential to this contract. Therefore, if the City of Bartow determines that the holder of the bid is unable to meet delivery within a reasonable amount of time it may become necessary to make procurement from other bidders listed under the approved vendors/suppliers list or if habitual remove the vendor from the approved vendors list.

2.18. Conflict of Interest

All bidders must disclose, with their bid, the name of any officer, department head or agent who is also an employee of the City or any of their agencies. Furthermore, all bidders must disclose the name of any City employee who owns, directly or indirectly, any interest of any amount in the bidder’s firms or any of their branches. Award of this bid shall be subject to the provisions of Chapter 112, Florida Statutes.

2.19. Patents and Royalties

The bidder, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented or non-patented invention, process or article manufactured or used in the performance of the bid, including its use by the City. If the bidder uses any design, device or material covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device or material in any way involved in the work.

2.20. Samples

Samples of items, when called for, must be furnished free of expense and may, upon request, be returned at the bidder’s expense. Each individual sample must be labeled with bidder’s name, manufacturer’s brand name and number, bid number and item reference.

Samples of successful bidder’s items may remain on file with the Purchasing Department for the term of the contract. Request for return of samples shall be accompanied by instructions, which include shipping authorization and name of carrier, and must be received within ninety (90) days after bid opening date. If instructions are not received within this time, the Procurement Department shall dispose of the samples.

2.21. Inspection, Acceptance and Title

Inspection and acceptance will be at the designated facility unless otherwise indicated. Title and risk of loss or damage to all items shall be the responsibility of the contract supplier until accepted by the City, unless loss or damage results from negligence by the

City.

2.22. Insurance Requirements

Certificate of Insurance, Workers Compensation and endorsements evidencing the types of insurance and coverage required in this

Section shall be furnished within three (3) calendar days of Bidder’s receipt of Notice of Intent to Award the Bid/ Contract and, at any time thereafter, upon request by the Purchasing Department. The City of Bartow, 450 N. Wilson Ave., Bartow, FL 33830, shall be named as additional insured and the Successful Bidder shall, at minimum, provide, pay for, and always maintain in force during this project the following insurance:

WORKERS’ COMPENSATION:

Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers’ Liability with a limit of $100,000 each accident, $100,000 each employee, $500,000 policy limit for disease.

COMMERCIAL GENERAL LIABILITY – OCCURRENCE FORM REQUIRED:

Awardee shall maintain commercial general liability (CGL) insurance with a limit of not less than $500,000 each occurrence. If such

CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $1,000,000.

Products and completed operations aggregate shall be $1,000,000. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent vendors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x,c,u) exposures, personal injury and advertising injury. Fire damage liability shall be included at $100,000.

COMMERCIAL AUTOMOBILE LIABILITY INSURANCE:

Awardee shall maintain automobile liability insurance with a limit of not less than $5,000,000 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (included owned, hired, and non-owned autos). The policy shall be endorsed to provide contractual liability coverage.

EVIDENCE OF INSURANCE:

Awardee shall furnish the City of Bartow with Certificates of Insurance. The Certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf and coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. The City of Bartow is to be specifically included as an additional insured on all policies except Workers’ Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. The policy shall provide a 30-day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the City of Bartow before the commencement of any work activities.

2.23. Drug-free Workplace

This form shall be included with your bid. Please refer to section 7. Vendor Submittal Forms.

2.24. Bid Protest

Any bidder desiring to file a bid protest, with respect to a recommended award of any bid, shall do so by filing a written protest. The written protest must be in possession of the Procurement Department within three (3) working days of the Notice of Recommended

Award posting date. All bidders who bid will be sent a Notice of Recommended Award, unless only one bid is received. A copy of the bid protest procedures may be obtained from the City of Bartow’s website: https://www.cityofbartow.net/431/Protest-Procedures.

“Failure to Follow Bid Protest Procedure Requirements Within the Time Frames Prescribed Herein as Established by the City of Bartow, Florida Shall Constitute a Waiver of Your Protest and Any Resulting Claim.”

2.25. Code of Ethics

If any bidder violates or is a party to a violation of the code of ethics of the City of Bartow or the State of Florida, with respect to this bid, such bidder may be disqualified from performing the work described in this bid or from furnishing the goods or services for which the bid is submitted and shall be further disqualified from bidding on any future bids for work, goods, or services for the City.

2.26. Non-Exclusivity

Bidders acknowledge and understand that award of this project shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option.

2.27. Agreements with other Government Agencies

Proposers agree that this response serves as a valid submittal to all Florida governmental agencies. Subject to the Proposer's consent, these agencies may utilize this proposal under identical pricing, terms, and timelines. Participating entities shall execute independent https://www.cityofbartow.net/431/Protest-Procedures awards and assume sole liability for their respective purchases. This solicitation establishes no mutual liability among agencies, nor does it restrict any agency’s right to independently re-solicit these goods or services.

SECTION 3: FOR SEALED HARD COPY SUBMISSION ONLY: ADDRESS LABELS

All bids shall be securely sealed in an envelope and clearly marked on the outside with:

• Company/ Bidder’s Name,

• Company Address,

• The Bid Number & Title,

• Due Date & Time, and

• Attention: Procurement Department

“An address label has been provided for your use below. The City of Bartow will not be responsible for bids opened prior to the specified time due to envelopes that are improperly addressed or not marked as instructed in this notice.”

NAME OF COMPANY: ___________________________________________________

COMPANY ADDRESS: _______________________________________________

CITY: _____________________________ STATE: ____________ ZIP CODE: _____________

BID NUMBER & TITLE: CSB - 27-01, Hardware, Tools, and General Maintenance Supplies and Equipment

BIDS ARE DUE PRIOR BY 12:00 am(EDT) ON, Monday, October 20, 2031

DELIVER TO: CITY OF BARTOW, PROCUREMENT DEPARTMENT

450 N. WILSON AVE.

BARTOW, FL 33830

It is recommended that the above label is taped onto the outside of the envelope that contains the bid documents.

Note: Be sure to label the envelope containing the bid documents or if the envelope is placed inside another envelope or shipping container (e.g., UPS envelope/box or FedEx envelope/box), then the label shall be affixed to the outside of that outer envelope or box.

SECTION 4: SCOPE OF WORK

4.1. Overview

The City of Bartow, Florida (the “City”) is seeking catalog or retail discounts from qualified vendors interested in supplying hardware, tools, and general maintenance supplies and equipment for the City’s Public Works Department and other City departments on an ongoing, as-needed basis.

Supplies and equipment purchased under this bid will support routine building and facility maintenance, repairs, field operations, and other day-to-day maintenance needs across City departments.

4.2. Background

The City of Bartow, Florida (the “City”) was granted its municipal charter in 1882. It is located in Central Florida, within Polk

County, and is accessible from U.S. Highway 17 and State Highway 60. Its neighboring cities are Lakeland and Winter Haven, and it is situated between Tampa and Orlando. It is the County Seat and serves a resident population of approximately 20,615.

The City provides many municipal services, including Fire Protection, Police Protection, Public Works, Parks, Recreation & Cultural

Arts, Library Services, Golf Course, Electric Distribution, Water Treatment Plant, Wastewater Treatment Plant, Stormwater

Treatment, Fiber Optic Services, and Solid Waste Collection.

The City is seeking catalog or retail discounts from qualified vendors interested in supplying hardware, tools, and general maintenance supplies and equipment for multiple City departments on an ongoing, as-needed basis in accordance with the scope of work and specifications provided herein. City departments are located throughout the City within City limits. Vendors must provide a minimum

10% discount off the retail/catalog price or sale price, whichever is less, on purchases made by City employees on behalf of the City.

4.3. Products

Products covered by this solicitation include, but are not limited to:

• Hand tools, power tools, battery-operated tools, and related accessories.

• General hardware, fasteners, screws, nails, nuts, bolts, anchors, hinges, locks, chains, and rope.

• Plumbing supplies, pipes, fittings, valves, and repair parts.

• Electrical supplies, wiring, switches, outlets, lighting, batteries, and extension cords.

• Paint, primers, stains, coatings, brushes, rollers, adhesives, sealants, caulking, and related supplies.

• Lawn, garden, landscaping, and irrigation supplies, tools, equipment, and accessories.

• Cleaning and janitorial supplies, waste containers, and related accessories.

• Safety supplies and personal protective equipment.

• Building repair materials, storage products, ladders, and material-handling equipment.

• Other related products commonly available through hardware stores and used for City operations, maintenance, and repairs.

The categories and examples above are illustrative and are not an exhaustive list of eligible products. Vendors shall identify the products or categories offered, applicable discounts, and any exclusions in their bid submittals.

4.4. Qualifications

A. Vendor submitting a bid must have been in business under the same name & TIN/ FEIN number for the past two (2) years.

B. License Requirements:

• In order to do business with the City of Bartow, businesses based within the City limits of the City of Bartow shall furnish a copy of the most recent City of Bartow Business/Occupational License in which can be obtained from https://www.cityofbartow.net/departments-services/city-clerk-public-records/business-tax-receipt-occupational-licenses-applications-payments.

• For businesses based outside the City limits of the City of Bartow but are based in Polk County or those businesses based outside Polk County shall furnish a copy of the most recent Polk County Business/Occupational License in which may be obtained from https://www.polktaxes.com/services/local-business-taxes/.

• Business License must be attached within your bid submittal or prior to being added to the approved Qualified Vendor List

(QVL). If not submitted within your bid submittal Vendors will have three (3) days upon request to provide a copy of the document or will be deemed non-responsive.

C. Vendor shall provide three (3) references from clients in which the bidder has performed similar size and scope services as the prime vendor, within the past five (5) years. This information must include: (Please refer to the Reference Form under Section 6)

• Name of client,

• Address of the client,

• Contact person’s phone number & email,

• Period of Performance (start and end date of the services) and

• A Brief description of the services provided.

4.5. Minimum Required Services

A minimum 10% discount off the store retail/catalog price on purchases of supplying hardware, tools, and general maintenance supplies and equipment.

Vendors will be held accountable for their adherence to the established percentage discount or sale price, as applicable, and may be subject to removal from the approved Qualified Vendors List (QVL) in accordance with the terms and conditions of this solicitation.

The City requests that vendors quote one firm discount from their catalog prices. A sliding discount based on price ranges is also acceptable.

Awards will be made only to companies that offer a discount to the City in accordance with the requirements of this bid.

• Vendors must provide an itemized quote and receipt for all purchases, including the following information:

• Bid number.

• Purchase order number or, at a minimum, the requesting department.

• An itemized breakdown of each item purchased, including product description, unit price, quantity, list price, and extended price after discount.

• Total purchase price.

• Date of delivery, when applicable.

• Ship-to address, when applicable.

4.6. Detailed Scope of Services

The City will hold vendors accountable for all aspects of this program including but not limited to quality of materials and commitments.

https://www.cityofbartow.net/departments-services/city-clerk-public-records/business-tax-receipt-occupational-licenses-applications-payments https://www.cityofbartow.net/departments-services/city-clerk-public-records/business-tax-receipt-occupational-licenses-applications-payments https://www.polktaxes.com/services/local-business-taxes/

• Vendor acknowledges that the City will purchase from the approved vendors list on a rotational basis, however, the City reserves the right to order based on the best overall price, delivery, and reliability.

• Vendors must be able to offer a variety of hardware, tools, and general maintenance supplies and equipment as needed within a reasonable timeframe agreed upon by both parties.

o When products are needed the City will contact the vendor a minimum of twenty-four (24) hours in advance.

o Vendor must be able to provide delivery within two (2) business days from time of order on regularly stocked items.

o In dire situations products may be needed on the same day, and in such case the City will attempt to order from the next vendor in rotation, if said vendor cannot meet the needs the city will continue through the approved vendors list until all options are exhausted.

o Deliveries shall be made between the hours of 5:00am and 3:00pm, unless otherwise agreed upon at time of order.

o A packing list must be provided for all products delivered.

4.7. Catalog/Products Offered

Catalog/ Products offered:

• Vendor shall supply, the Procurement department upon submittal with a full catalog of products offered or a general list of items that will be available to the City at said discounted rate. Also, upon being added to the approved vendors list the vendor is responsible for providing in advance for approval any appliable updates as new catalog lines are issued or in the case an updated catalog if certain products are no longer being offered.

• Vendors must also be able to provide any/ all User Departments within the City upon request quotes that align with the requirements of this bid.

• Vendor must ensure invoices will not reflect any updates to their catalog lines with written approval/ agreement by the City.

4.8. Vendor Responsibilities

Vendor Responsibilities:

• Each vendor shall provide all supervision, coordination, vehicles, labor, staff, drivers, materials necessary to provide the City said supplies, products and equipment. All costs associated with meeting the requirements of this bid shall be the sole responsibility of the Vendor.

• It is the expectation of the City that orders placed with this bid shall be delivered to any City facility F.O.B Destination with freight prepaid by bidder. Any exceptions to the F.O.B Destination delivery requirements may be listed within your bid submittal. City must approve exceptions before commencement.

o Prices/ discounted rates shall be guaranteed as per the vendors acknowledgement and submittal of any bid in response to this bid.

o Please clearly state the discount offered.

o Vendors must specify all catalog / category of items that are not to be discounted and/or are excluded from this bid.

o Specify items which are excluded from F.O.B. Destination shipping.

o Indicate quotation or contract number assigned to this catalog discount bid arrangement.

o If your company is providing an itemized catalog, please be sure to specify the valid dates of your catalog.

o Vendors must forward a copy of their company’s current catalog with their submittal.

4.9. Discount/Pricing Options

Vendors have two (2) options: Either Catalog Line-Item Pricing or Percentage Discount based on Category Pricing, or a combination of these:

• Catalog Line-item Pricing: Pricing is based on each individual product or service. Each line must indicate the proposer’s published “List Price,” as well as the price being extended to the City “Extended Price.” See example below:

Model/ Item No. Item Description Standard MSRP /

List Price

Discount Extended Price

12345ABC 16mm Wrench $20.00 10% $18.00

6789DBE Socket Set $80.00 15% $68.00

12222EF Battery Operated Drill $150.00 20% $120.00

• Category Percentage Discount: Pricing is based on a percentage discount from published retail/catalog prices or

Manufacturer’s Suggested Retail Prices (MSRP) for defined categories of tools. Vendors may offer different percentage discounts for different product categories, provided each category meets the minimum 10% discount required by this bid. See example below:

Product Category Discount

Wrenches 10%

Sockets and Rachets 15%

Pliers 20%

Battery Operated Tools 10%

Note: Examples of this capability must be provided with your submittals. If not, the submittal will not be approved and the vendor will not be added to the approved QVL for this continuing services bid.

4.10. Warranty Requirements

Supplies, Products, Equipment, etc. shall be covered by manufacturer’s standard warranty. Vendor is required to submit manufacturer’s warranty summary upon request.

4.11. Insurance

Insurance:

• Vendor acknowledges that they must send an updated Certificate of Insurance, when applicable, upon expiration of the certificate on file with the City to remain on the approved vendors list.

Note: certificate of insurance is required for any services rendered to include the delivery and offloading of products.

4.12. Coordination

The Vendor(s) will provide an individual who will manage all communications, scheduling, and coordination of safety supplies, products, and equipment. The coordinator will review the location to evaluate the scope of the move.

4.13. Orders

City locations may issue open (blanket) Purchase Orders as required. Receipt of open orders does not authorize the release or shipment of any goods or services. For all open orders, items shall be ordered on an as-needed basis through the use of an order form.

Shipments received as a result of an open order, where an order form has not been released, shall not be accepted and no cost shall be incurred by the City as a result.

SECTION 5: STANDARD TERMS AND GENERAL CONDITIONS

5.1. Independent Vendor

The Bidder represents itself to be an independent vendor offering such services to the general public and shall not represent itself or its employees to be employees of the City of Bartow. Therefore, the Bidder shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, and other expenses, and agrees to indemnify, save, and hold the City of Bartow, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney fees); and damage of any kind related to such matters

5.2. Subcontractors

If the Bidder proposes using subcontractors in the course of providing these services to the City, this information shall be disclosed at the time of engagement. Such information shall be subject to review, acceptance, and approval of the City, prior to any work authorization. The City reserves the right to approve or disapprove of any subcontractor proposed to perform work for the City.

5.3. Addenda, Changes and Interpretations

Bidders shall submit all inquiries regarding this bid via the e-Procurement Portal, located at https://procurement.opengov.com/portal/bartowfl. Any inquiry or request for interpretation received seven (7) or more days prior to the due date from the opening of the Bids will be given consideration. Please note the deadline for submitting inquiries. Changes or interpretations may only be made by a written document in the form of an addendum.

Addenda Notification: Bidders are required to register for an account via the City's e-Procurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project.

Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/bartowfl.

All addenda are part of the contract documents, and each Bidder will be bound by such addenda whether or not received by them. No verbal interpretations may be relied upon. Failure to acknowledge receipt of addenda may constitute grounds for deeming a proposal non-responsive.

5.4. Multiple Bids

Be advised more than one bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Such circumstances will lead to rejection of all responses in which the bidder is involved except for subs. If there is reason to believe that collusion exists between bidders, those parties’ bids will be rejected and deemed for City purposes to be a conviction of a public entity crime.

5.5. Variances

For purposes of bid evaluation, Bidders must indicate any variances, no matter how slight, from the Bid General Conditions, Special

Conditions, Specifications or Addenda. No variations or exceptions by a Bidder will be considered or deemed a part of the Bid submitted unless such variances or exceptions are listed in the Bid and referenced in the space provided on the Bid pages. If variances are not stated, or referenced as required, it be assumed that the product or service fully complies with the City’s terms, conditions, and specifications.

5.6. Omission of Details

The apparent silence of the specifications and any amendment regarding any details or the omission from the specifications of a detailed description concerning any services or material requested shall be regarded as unintentional and should not serve to alleviate the Vendor of their performance responsibilities.

5.7. Mistakes

Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions, and special conditions of the Invitation to Bid. Failure of the Bidder to examine all pertinent documents shall not entitle them to any relief from the conditions imposed in any ensuing contract and may lead to rejection of a bid.

5.8. Bidder’s Cost

The City shall not be liable for any costs incurred by Bidders in responding to this Bid.

5.9. Rejection of Bids

The City of Bartow reserves the right to reject any or all bids in whole or part, to accept or reject any items in the Bid, and to waive any informalities and to accept any bid deemed in the best interest of the City of Bartow.

5.10. Qualifications Statement

Each Bidder shall complete the Qualifications Statement, and submit the same with the Bid. Failure to submit the Qualifications

Statement and the documents required there under with the Bid may constitute grounds for deeming the bid non-responsive.

5.11. Licenses and Certifications

Bidder shall be appropriately licensed to perform the services offered. Bidders shall possess, at the time of bid opening, all required licenses and certifications. Bidder shall be responsible for all costs associated with obtaining and maintaining all required licenses, certifications, and permits. Copies of all licenses and certifications shall be submitted with the response.

5.12. Insurance

1. The Bidder’s response shall include a copy of any certificate of insurance which provides evidence of insurability meeting the minimum insurance requirements of this bid. The Bidder shall assume full responsibility and expense to obtain all necessary insurance.

2. The successful Bidder as well as related subcontractors shall provide a copy of any certificate of insurance which provides evidence of insurability meeting the minimum insurance requirements of the bid as a part of receiving any ensuing contract, at the time of entering into the contract.

5.13. Indemnification

The Vendor shall at all times indemnify, hold harmless and, at the City’s option, defend or pay for an attorney selected by the City to defend the City of Bartow, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by intentional or negligent act of, or omission of the Vendor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any ensuing contract including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against the City by reason of any such claim, cause of action or demand, the Vendor shall, upon written notice from the City, resist and defend such lawsuit or proceeding by counsel satisfactory to the City of, at City’s option, pay for an attorney selected by the City to defend the City of Bartow. The provisions and obligations of this section shall survive the expiration or earlier termination of any ensuing contract. To the extent considered necessary by the City, any sums due Vendor under any ensuing contract may be retained by City until all of the City’s claims for indemnification pursuant to the Contract have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by the City.

5.14. Legal Requirements

Applicable provisions of all federal, state, and county laws, and local ordinance, rules, and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) attaching a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise. Lack of knowledge by any Bidder shall not constitute a cognizable defense against the legal effect thereof.

5.15. Confidential Information

If the Bidder believes any of the information contained in the response is exempt from the Public Records Law, then the Bidder must in the 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.

5.16. Public Records

Vendor acknowledges the City’s obligations under Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to member of the public upon request. Vendor acknowledges that the City is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, in the handling of the materials created under this contract and that said statue controls over the terms of this contract. Vendor further acknowledges its obligation under Florida Statute 11930701, which include the requirements to a) keep and maintain public records required by the City to perform the service, b) upon request from the

City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law, c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Vendor does not transfer the records to the City, and d) upon completion of the Contract, transfer, at no cost, to the City all public records in possession of Vendor, or keep and maintain public records required by the City to perform the City. If Vendor transfers all public records to the City upon completion of the Contract, Vendor shall destroy and duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Vendor keeps and maintains public records upon completion of the Contract, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the IT systems of the City. A request to inspect or copy public records relating to the City’s contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify Vendor of the request, and Vendor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. NOTE: If Vendor does not comply with the City’s request for records, the City shall enforce the Contract provisions in accordance with the Contract. A Vendor who fails to provide the public records to the City with a reasonable time may be subject to the penalties under 119.10.

IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS AT: CITY OF BARTOW, CITY CLERK’S OFFICE, 863-534-0100, JPOOLE.CLERKS@CITYOFBARTOW.NET; 450 N. WILSON AVENUE, BARTOW, FLORIDA 33830.

5.17. Public Entity Crimes

A person or affiliate, as defined in 287.133, Florida Statutes, shall not be allowed to contract with the City if such person or affiliate has been convicted of a public entity crime within three (3) years of the date this Contract, or such person or affiliate was listed on the

State of Florida’s convicted vendor list within three (3) years of the date of this Contract, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency, federal, state or local, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any agreement with the City obtained in violation of this paragraph shall be subject to termination for cause.

5.18. Laws of the State of Florida

The Agreement will be construed and enforced in accordance with the laws of the State of Florida.

5.19. Sovereign Immunity

The foregoing notwithstanding, nothing herein is intended to act as a waiver of the City’s sovereign immunity or the limits of liability set forth in Sec. 468.28, Fla. Stat., regardless of whether such obligations are based in tort, contract, statute, strict liability, negligence, product liability, or otherwise.

5.20. Venue

mailto:JPOOLE.CLERKS@CITYOFBARTOW.NET

This Contract shall be deemed made in the State of Florida and shall be construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. In recognition of the City’s sovereign immunity and home venue privilege, the City and Vendor agree that any civil action arising out of the subject matter of this Contract, or the Contract Documents shall be brought either in the

County Court in and for Polk County, Florida, or the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida, the choice of which shall be dependent upon each tribunal’s jurisdictional limits. The Parties agree that no civil action arising out of the subject matter of this Contract may be brought in a federal venue regardless of the cause of action, citizenship of the parties or the claimed amount in controversy.

5.21. Anti-Collusion

The Bidder certifies that it has not divulged, discussed, or compared its bid with other bidders, except subcontractors if they form part of the response and has not colluded with any other bidders or parties to a bid whatsoever. No premiums, rebates or gratuities are permitted either with, prior to or after any delivery of material or service. Any violation of this provision will result in the immediate cancellation of any contract and removal from the bidder’s list.

Each Bidder shall complete the Non-Collusive Affidavit Form and shall submit the form with the bid. The City considers the failure of the Bidder to submit this document to be a major irregularity and shall be cause for rejection of the Bid.

5.22. Conflict of Interest

1. The Bidder covenants that they presently have no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with the performance of the services hereunder. The Bidder further covenants that no person having any such known interest shall be employed or conveyed an interest, directly or indirectly, in any ensuing contract.

2. No contract will be awarded to a Bidder who has City elected officials, officers or employees affiliated with it, unless the bidder has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidders and removal of the Bidder from the

City’s Bidder’s List and prohibition from engaging in any business with the City.

3. No subcontractor can be listed on more than one bid submitted under this Bid.

5.23. No Contingent Fee

Bidder warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the

Bidder to solicit or secure any contract that may ensue and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Bidder, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of any ensuing contract. For the breach or violation of this provision, the City shall have the right to terminate any ensuing contract without liability at its discretion.

5.24. Entire Agreement

This bid, all attachments and exhibits, addenda, and any ensuing contract states the entire contract between the parties hereto with respect to the subject matter hereof, and all prior and contemporaneous understandings, representations and agreements are merged herein or superseded hereby. No alterations, modifications, release or waiver of this contract or any provision hereof shall be effective unless in writing executed by the parties.

5.25. Assignment

Vendor shall not transfer or assign or subcontract the performance required by the bid without the prior written consent of the

City. Any award issued pursuant to this bid, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Manager or selected designee.

5.26. Default and Termination/Suspension

The City may terminate the Contract resulting from this Bid at any time, in whole or in part, in accordance with and subject to the following:

1. Termination for Cause

The City may terminate the Contract immediately if the User Department/Division determines that the Vendor is in material default of its Contract obligations, has notified the Vendor of such default by delivering a Vendor Complaint Form to the Vendor specifically describing the basis of the complaint and the conditions of the Vendor’s default, and ten (10) days have passed since the Vendor’s receipt of the Vendor Complaint Form without all defaults as described therein having been fully corrected. Notwithstanding anything to the contrary contained herein, the City may terminate the Contract immediately, without notice or any opportunity to cure, if the services rendered for the Contract cause or threaten endangerment to public health, safety or welfare.

In the event this Bid and/or the resulting Contract is terminated due to the Vendor’s material default which is not cured within the allotted time period as described above, the Purchasing Manger may also suspend or debar the Vendor in accordance with the Vendor

Complaint Procedures of the City’s Procurement Manual. The rights and remedies of the City provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under the Bid and/or the resulting Contract.

In the event of default by the successful Bidder, the City reserves the right to utilize the next lowest Bidder as the new Awardee when the default occurs within the first term of the bid. Should this occur, the next lowest Bidder will be required to provide the bid items at the prices as noted on their bid submittal.

2. Termination for Convenience

Upon thirty (30) calendar days written notice to the Vendor, the City may without cause and without prejudice to any other right or remedy, terminate and ensuing contract for the City’s convenience whenever the City determines that such termination is in the best interest of the City. Where the contract is terminated for the convenience of the City the notice of termination to the Vendor shall state that the contract is being terminated for the convenience of the City under the termination clause and the extent of termination. The Vendor shall discontinue all work on the appointed last day of service.

Upon receipt of any termination notice as described above, the Vendor shall:

• Immediately discontinue all work unless the City’s notice directs otherwise, and

• Deliver to the City any and all data, reports, summaries, and all other information and materials of any type or nature whatsoever, whether completed or in process, the Vendor may have accumulated or generated in the course of performing the work of the Contract.

3. Cancellation for Unappropriated Funds

The obligation of the City for payment to a Vendor…