ITN_Terms_and_Conditions.pdf

CITY OF SARASOTA

INVITATION TO NEGOTIATE

TERMS AND CONDITIONS

Version 09-18-25

1. INVITATION TO NEGOTIATE

The Invitation to Negotiate (ITN) is a competitive solicitation, for goods or services, where factors other than price are to be considered in the award determination. The ITN may consider variations of the basic scope of work or specification. The ITN may rely on the creativity of the respondent.

2. QUALITY GUARANTEE/WARRANTY

2.1. Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work covered by this contract shall be new, unused, and of the most suitable grade for the purpose intended. Refurbished parts or equipment are not acceptable unless otherwise stated in the specifications. All warrantees will begin from the date of final completion.

2.2. Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, brand name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. If a respondent wishes to make a substitution in the specifications, the respondent shall furnish to the CITY, no later than ten (10) business days prior to the ITN opening date, the name of the manufacturer, the model number, and other identifying data and information necessary to aid the CITY in evaluating the substitution. Such information is submitted through the Purchasing Division.

Any such substitution shall be subject to CITY approval through the issuance of a written addendum by the CITY’s Purchasing Division. Substitutions shall be approved only if determined by the CITY to be an Approved Alternate to the prescribed specifications.

2.3. A response containing a substitution is subject to disqualification if the substitution is not approved by the CITY. Items must be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, and appropriate attachments. Brand names are used for descriptive purposes only. An Approved Alternate product or service may be used.

2.4. The equipment must be warranted for twelve (12) months, parts and labor. Should the equipment be taken out of service for more than forty-eight (48) hours to have warranty work performed, a loaner machine of equal capability or better shall be provided for use until the repaired equipment is returned to service.

2.5. If any product does not meet performance representations or other quality assurance representations as published by manufacturers, producers or distributors of such products or the specifications listed in this ITN, the vendor shall pick up the product from the CITY at no expense to the CITY. The CITY reserves the right to reject any or all materials if, in its judgment, the item reflects unsatisfactory workmanship or manufacturing or shipping damage. Also, the vendor shall refund to CITY any money which has been paid for same.

3. INTERPRETATION OF ESTIMATED QUANTITIES

The estimated quantities of work to be done and materials to be furnished under this contract, provided in the ITN forms, are to be considered as approximate only and are to be used solely for the comparison of responses received. The CITY does not expressly or by implication represent that the actual quantities involved will correspond exactly therewith; nor shall the respondent plead misunderstanding or deception because of such estimate of quantities or of the character, location or other conditions pertaining to the work. Payment to the Contractor/Vendor will be made only for the actual quantities of work performed or materials furnished in accordance with the contract documents, and it is mutually understood that the quantities may be increased or decreased as provided in the specification without in any way invalidating any of the unit or lump sum prices submitted.

4. BONDS (IF REQUIRED)

ITN GUARANTY (IF REQUIRED)

An ITN Guaranty for continuing/annual services will not be required unless stated in the specifications or special conditions. The Purchasing General Manager may require a letter of bondability on continuing/annual services contracts. All bonds, cashier’s checks, or letters of credit shall require the respondent to forfeit response security upon a refusal or failure to execute the contract within ten days of issuance of the notice of award of contract. If the contract is then awarded to the second ranked respondent, the bond or other form of security shall be applied to compensate the CITY for the difference in price between the lowest and second lowest price offered.

5. RESERVED RIGHTS

The CITY reserves the right, in the sole opinion of the CITY, to require oral presentations or discussion from all selected respondents, at the discretion of the Evaluation Committee, derived from the evaluation and selection process herein described during any stage of the evaluation and/or selection process.

6. PROPOSAL SETUP

Responses must be submitted in an electronic/digital PDF file upload to the solicitation through the CITY’s electronic solicitation program unless otherwise stated in the Supplemental Instructions. Responses are limited to a maximum of 300 single sided pages and should include a Table of Contents which is bookmarked according to the Tabs listed below. Not all information listed below will be applicable to this ITN.

Pages must be numbered to verify quantity whether electronic/digital or hard copy. Tab dividers, electronic/digital tab dividers, and Table of Contents are excluded from the page count. Response must have a front cover or title page (electronic/digital PDF) that contains the following:

Company Name Number and Title of the Invitation to Negotiate Due Date of Response

Pricing must be submitted electronically on the form provided within the CITY’s electronic solicitation program. Electronic copy of the proposal should include a consolidated copy of the proposal in one PDF file, and a copy of the pricing spreadsheet. DO NOT SEND HARD COPIES UNLESS INSTRUCTED TO DO SO IN THE

SOLICITATION DOCUMENTS.

7. CHANGE ORDERS (IF APPLICABLE)

7.1. The CITY may, by field directive, authorize minor variations from the requirements of the contract documents, which do not involve an adjustment in the contract price or the contract time and are consistent with the overall intent of the contract documents. Supplemental agreements, in the form of "change orders" shall be used to clarify the plans and specifications, to provide for unforeseen work or alterations in plans, to change the limits of construction to meet field conditions, to provide a safe and functional connection to an existing facility, to make the project functionally operational in accordance with the intent of the original contract, or to adjust the contract price or the contract time requirements. The City of Sarasota will not pay more than a total of 10% on markup and overhead.

Any supplemental agreement shall be approved by the City Manager, Contractor and the Architect/Engineer, if applicable, prior to the commencement of the modified work. The City Manager may only approve an adjustment to the contract price that does not exceed 10% of the contract price or $200,000.00, whichever is less in accordance with Ordinance 03-4440.

7.2. The CITY reserves the right to make, at any time prior to or during the progress of the work, increases or decreases in the quantities of work as may be found necessary or desirable by the CITY.

Compensation for changes in quantities shall be at the bid unit price for the specific item of work with no additional charges allowed for the change in quantity.

All unit prices for items of work in the original contract shall be considered all-inclusive of expenses necessary to accomplish the work regardless of the unit of measure (e.g. LS, LF, CY, SY, TN, etc.)

including but not limited to:

1) Material

2) Delivery

3) Direct Labor

4) Taxes

5) Rental rates

6) Fringe Benefits

7) Overhead

8) Profit

9) Markup

A change in quantities whether greater than or lower than the original bid quantity shall be treated as if the new quantity was part of the original quantity of work with respect to unit value. Upon approval of changed quantities the quantities shall be adjusted on the schedule of values to reflect the new total quantity of each item of work. Each response for change order shall list both the reduction in quantity of deleted work and increased quantity of added work. The City of Sarasota will not pay more than a total of 10% on markup and overhead when establishing a negotiated fee for items not listed by unit price.

Surety and other bonds, when required, are premiums applied to the total contract amount.

Adjustments and allowances for increased bond costs will only be considered on the net increase to the total contract amount after consideration of both quantity reductions, quantity increase and other work price adjustments.

7.3. Changes in contract time will only be considered for documented weather impacts, additional work directed by the CITY, reductions in work directed by the CITY, stoppage of work when directed by the CITY or other causes of delay not attributable to the Contractor. Delays by others, such as utility companies, may not necessarily be compensated by the CITY and the Contractor may need to seek compensation from the third party for the delay.

8. PRICES, TERMS, AND PAYMENTS

8.1. Discounts

Cash discounts for prompt payment shall not be considered in determining the lowest net cost for ITN evaluation purposes.

8.2. Mistakes

Proposers are expected to examine the specifications, delivery schedule, response prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at respondent's risk. In case of mistake in extension, the unit price will govern.

8.3. Condition and Packaging

It is understood and agreed that any item offered or shipped as a result of this ITN shall be a new, current standard production model available at the time of the ITN. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

8.4. Safety Standards

Unless otherwise stipulated in the ITN, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standard there under.

8.5. Underwriter's Laboratories

Unless otherwise stipulated in the ITN, all manufactured items and fabricated assemblies shall carry UL re-examination listing where such has been established.

8.6. Invoicing and Payment

The Contractor/Vendor shall be paid upon submission of properly certified invoices to the CITY at the prices stipulated on the contract at the time the order is placed, after delivery and acceptance of goods or services, less deductions if any, as provided. Invoices shall contain the contract number, purchase order and the Contractor/Vendor's Federal Employer Identification Number. An original copy of the invoice shall be submitted. Failure to follow these instructions may result in delay in processing invoices for payment.

8.6.1. Payments Based on Percentage Markup

Responses that are awarded and include or provide for a percentage markup on goods purchased will require the Contractor/Vendor to submit the wholesale invoice with the Contractor/Vendors invoice which should include or provide a list of goods purchased in order to verify the correct markup percentage was applied.

8.7. Additional Quantities

For a period not exceeding one (1) year, unless otherwise stated in the scope of work, from the date of acceptance of this offer by the CITY, the right is reserved to acquire additional quantities at the same unit price. If additional quantities are not acceptable, the ITN price sheets must be noted "Price is for specified quantity only".

8.7.1. Additional Quantities-Lump Sum and Unit Pricing Contracts The CITY and Contractor/Vendor may add additional work items to the contract at any time, provided a fair and reasonable not to exceed, lump sum or unit cost can be agreed upon by both parties unless otherwise specified in the specifications or scope of work.

8.7.2. Additional Scope of Work

The CITY may unilaterally require, by written order, changes altering, adding to, or deducting from the contract specifications, provided that such changes are within the general scope of the contract. The CITY may make an equitable adjustment in the contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the CITY may solicit separate solicitations to satisfy them.

8.8. Additional Terms and Conditions

Additional Terms and Conditions may be listed in the items listed in Section 8 otherwise no additional terms and conditions included with the ITN response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect to this ITN. If submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the general special conditions in this ITN solicitation are the only conditions applicable to this ITN and the respondent's authorized signature affixed to the ITN Acknowledgement Form attest to this.

8.9. Advertising

In submitting a response, respondent agrees not to use the results there from as a part of any commercial advertising.

8.10. Assignment

Any purchase order issued pursuant to this ITN invitation and the monies, which may become due hereunder, are not assignable except with the prior written approval of the ordering agency.

8.11. Contract Term

Unless otherwise stated in the scope of work, specifications, or supplemental instructions the default contract term shall be one (1) year with two (2) one (1) year renewals for a total of three (3) years.

9. DIRECT PURCHASE

9.1. The CITY reserves the right, at the CITY’s option, to direct purchase materials, equipment, and furnishings involved in the project, including subcontracts, if any. The selected Contractor/Vendor, and all subcontractors, if any, shall comply with the CITY’s Direct Purchase Procedures, including but not limited to those listed below.

9.1.1. Within 15 days of the posted date of the Notice of ITN Action, the selected Contractor/Vendor shall submit a list of potential Direct Purchase items for the CITY’s consideration. The intent is for single items or large quantities of single items of approximately $5,000.00 or more to be considered for Direct Purchases. The parties acknowledge that CITY may be directly purchasing some of the material and/or equipment necessary for the project so as to save the sales tax which would otherwise have been due with regard to same.

9.1.2. Along with the list, the Contractor/Vendor shall also include the price quotes from the suppliers from the response, including any terms and conditions negotiated with the suppliers. The Contractor/Vendor is responsible for selecting the supplier, specifications, material receipt, inspecting shipments and assuring that the material is in accordance with the specifications. In the event the CITY determines to make any Direct Purchase of material and/or equipment for the Project, the Direct Purchase will be authorized by a deductive change to the agreement.

The deductive change for the Direct Purchase shall reduce the contract amount otherwise due from the CITY to the Contractor/Vendor by the cost to be paid by the CITY for the material and/or equipment to be directly purchased by the CITY and by the sales tax saved by the CITY directly purchasing the material and/or equipment. The Contractor/Vendor retains all responsibility for an acceptable finished product and is responsible for maintaining the project schedule. The CITY’s Direct Purchase mechanism to effectuate tax savings in no way effects the obligation of the Contractor/Vendor to meet all of the terms and conditions and all provisions and technical specifications of the ITN and resultant contract document. The Contractor/Vendor shall be responsible for ensuring all materials and items in his care, custody and control regardless of whether directly purchased by the CITY or not. The materials directly purchased by the CITY for inclusion into the project are subject to the same terms and conditions as any and all other items of the contract.

9.1.3. The Direct Purchase items selected, and upon request of an order by the Contractor/Vendor, the Purchasing Department will issue a Direct Purchase order to the Contractor/Vendor’s or subcontractor’s source at the price proposed in the Contractor/Vendor’s or subcontractor’s response, less sales tax. The CITY reserves the option to issue the Direct Purchase Orders to the CITY’s annual contract vendors or State contract vendors for comparable or lower prices but will subtract from the contract the price shown on the Contractor/Vendor’s or subcontractor’s response. For construction management projects, items for Direct Purchase will be identified by or before the construction documents phase.

9.1.4. It will be the Contractor/Vendor’s sole and complete responsibility to properly expedite and follow up on direct purchase orders, thereby assuring delivery of the item as ordered and at the time and place needed by the Contractor/Vendor.

9.1.5. The Contractor/Vendor shall take delivery, unload, store and install the materials and equipment purchased on the Direct Purchase Order in accordance with the response, protect and maintain in proper condition; and work with the supplier to repair, replace, and make good any defect without cost to the CITY, until such time as the scope of work by the Contractor/Vendor has been completed and accepted by the CITY. The Contractor/Vendor will be responsible for undertaking and completing any returns of direct purchase materials or equipment and working with the supplier to effectuate any warranties for defective materials or equipment, or resolving any problems related to the direct purchase materials and equipment. The Contractor/Vendor will coordinate corrective action. Any returns not replaced shall be credited to the CITY and acknowledged by a supplement to the Direct Purchase Order and amendment to the Contractor/Vendor’s application for payment. The Contractor/Vendor shall not be responsible for warranting the materials and equipment to the CITY; however, the Contractor/Vendor shall be responsible for maintaining the supplier’s warranty of the material or equipment purchased by Direct Purchase Order by the CITY. The Contractor/Vendor shall maintain records of all direct purchases received and incorporated into the work and provide the CITY with a monthly accounting.

9.1.6. When delivery of a Direct Purchase Order is complete, or a payment is to be made on a partial shipment, the Contractor/Vendor will immediately submit to the CITY the invoice and documentation supporting the goods received. Invoices for Direct Purchase Orders will be sent by the direct purchase vendor to the Contractor/Vendor. The Contractor/Vendor will verify delivery and sign the invoice and associated documentation supporting the amount of the payment. Payment will be made by check mailed to the direct purchase vendor as of the next available check run of the CITY. The Contractor/Vendor will assist the CITY in assuring prompt payment by supplying the supplier’s FEI numbers, addresses, phone numbers, etc.

10. CONFLICT OF INTEREST

10.1. The award hereunder is subject to the provisions of Chapter 112, Public Officers and Employees:

General Provisions, Florida Statues. All respondents must disclose with their response the name of any officer, director or agent who is also an employee of the City of Sarasota or any of its agencies.

Further, all respondents must disclose the name of any City employee who owns directly or indirectly, an interest of five percent (5%) or more in the respondent's firm or any of its branches.

10.2. Responses Submitted by Members of Advisory Boards of the City of Sarasota

10.2.1. Section 112.313(7), Florida Statutes (1989), prohibits an advisory board member from holding any employment or contractual relationship with any business entity, which is doing business with the CITY.

10.2.2. Section 112.313(12), Florida Statutes (1989), provides that an advisory board member will not be in violation of the prohibition in Section 112.313(7), Florida Statutes (1989), if:

10.2.2.1. The ITN award is determined by a selection committee, approved by the Purchasing General Manager, to the most advantageous respondent. In addition, the advisory board member is required prior to or at the time of the submissions of the response, file a statement with the Supervisor of Elections of Sarasota County, disclosing their interest and the nature of the intended business. The form, which should be used, is entitled Form #2, "Form 3A Interest in Competitive ITN for Public Business," A copy of this form has been provided as part of the online qualifications in the electronic solicitation system. In the event a hard copy is requested, Form #2 will be provided in the Forms Section, or you may contact the City of Sarasota Purchasing Division.

10.2.2.2. The advisory board member, their spouse or child is required to have in no way used or attempted to use their influence to persuade the CITY or any of its personnel to enter into such a contract other than by the mere submission of the response.

10.2.2.3. The advisory board member, their spouse or child is required to have in no way participated in the determination of the ITN specifications or the determination of the lowest or best respondent.

10.2.3. All of the three- (3) above conditions are required to be satisfied in accordance with the Florida Statutes. The filing of the disclosure form with the Supervisor of Elections of Sarasota County is the sole responsibility of the respondent and must be filed prior to or at the time of submission of the response. A copy of the completed disclosure form shall be submitted to the Purchasing General Manager prior to or at the time of submission of the response. Failure of the respondent to comply with the provisions of this paragraph may result in the rejection of the response.

10.3. The following reasons include, but are not limited to, rejecting responses or disqualifying Proposers:

a Proposer submits more than one response for the same work by an individual, firm, partnership, or corporation under the same or different names; evidence of collusion among those making responses; previous participation by the Proposer in collusive responses on work for the City of Sarasota; the Proposer submits an unbalanced response in which the prices for some items are out of proportion with the prices for other ITN items; there is uncompleted work for which the Proposer is committed by contract which, in the judgment of the CITY, might hinder or prevent the prompt completion of the work under this contract if awarded to such Proposer; any material change in qualification or a material misrepresentation.

10.4. Non-government Conflicts

10.4.1. A respondent shall not submit a response or enter into a contract with the City of Sarasota if the contract would result in the respondent having a conflict of interest. As used herein, the term conflict of interest shall mean:

10.4.1.1. The respondent’s contract with another customer or entity will be averse to the interest of the City of Sarasota; or

10.4.1.2. There is a significant risk that the interest of the City of Sarasota will be materially impacted by the respondent's responsibilities to a current customer or entity, a former customer or entity or any other third party.

10.4.2. Notwithstanding the existence of a conflict of interest under paragraph (a), a respondent may submit a response and enter a contract with the City of Sarasota if:

10.4.2.1. The respondent reasonably believes that they will be able to provide competent and diligent representation to each affected customer or entity and.

10.4.2.2. The conflict of interest is not prohibited by law.

10.4.2.3. The response or contract does not involve the assertion of a claim by one customer or entity against another represented by the respondent in the same project or other proceeding involving State or Federal agencies: and

10.4.2.4. Each affected customer or entity gives informed consent, confirmed in writing by the Purchasing General Manager.

10.4.3. It shall be the sole responsibility of the Purchasing General Manager to determine if the criteria applicable to a conflict of interest or exception from same have been met.

11. PENALTIES, AND NON-CONFORMANCE TO CONTRACT

11.1. Products and Supplies Validation

Items may be tested for compliance with specifications by the Florida Department of Agriculture and Consumer Services or by others acceptable to the City of Sarasota. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statues. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in ITN and/or purchase order may result in respondent being found in default in which event any and all procurement costs may be charged against the defaulting Contractor/Vendor. Any violation of these stipulations may also result in:

The City of Sarasota discontinuing purchases or services from the Contractor/Vendor.

All CITY departments would be advised not to do business with the supplier without written approval from the Purchasing Division until such time as supplier reimburses the CITY of all procurement and cover costs.

11.2. Non-Conformance to Contract (Non-construction)

If the awarded Contractor/Vendor is not fulfilling the terms of the ITN, to include delivery date, the City of Sarasota will initiate the following procedures:

First Notice: Written warning describing unsatisfactory work rendered or non-performance of term of the ITN. The Contractor/Vendor will be given 10 working days to respond to this notice.

Second Notice: Issuance of a second written notice after ten-business day will assess the Contractor/Vendor a $100.00 penalty fee per day for unsatisfactory work, non-delivery, or non-performance of contract. The fee will not be charged if notice of assessment for unsatisfactory work rendered, non-delivery, or non-performance of contract is made satisfactory within 48 hours of notice. Each day that there is a violation may constitute a separate offense.

11.3. Attorney's Fees

Should it become necessary for the CITY to bring any action against the successful respondent to enforce any of the covenants, provisions or conditions of the agreement, the successful respondent will pay all costs attendant thereto, including reasonable attorney's fees to the attorney.

12. AWARDS

12.1. The City of Sarasota, Florida, reserves the right to make award(s) by individual item, group of items or services, all or none, or a combination thereof. The CITY reserves the right to reject any and all responses or to waive any minor irregularity or technicality in the responses received. Award will be made to the most responsible and responsive respondent within the evaluation criteria chosen for basis of award.

12.1.1. Respondents are hereby notified that Section 287.05701, Florida Statutes, requires that the City of Sarasota may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor (effective 07-01-2023).

12.1.2. If multiple evaluations are completed the following process will be followed:

12.1.2.1. The first evaluation will be ranked based the Committee selection. The Committee may decide to move forward with multiple respondents. This is done by a consensus or vote by the Committee. The Committee may also decide to have additional meetings before short listing or moving to the next phase. The Committee may also decide to conduct interview with the respondent before moving to the next phase.

12.1.2.2. Contract Negotiations. The Committee may decide to negotiate terms for a contract with multiple respondents. Once the Committee has all information and has review proposals and conducted interview to the Committee’s satisfaction, the Committee may select one or more respondent to negotiate a scope of work/service that may result in a contract with the City of Sarasota.

12.1.2.3. All subsequent evaluations will be accomplished by a simple vote of the Committee.

12.2. The CITY reserves the right to award to one or multiple respondents at the discretion of the requesting authority and approval of the Purchasing General Manager.

12.3. In respect to the responses, the CITY shall make such recommendations to the City Commission, if applicable, as they shall deem proper, at the earliest practicable meeting of the City Commission.

The City Commission shall elect to accept the response of the most responsible and responsive respondent, or re-advertise the project for new responses or reject all responses. In the event the most responsible and responsive response for a project exceeds the available funds, the CITY, may negotiate an adjustment or proceed to the next most responsible and responsive respondent, in order to bring the total cost of the project within the amount of available funds.

12.4. Pricing

12.4.1. Pricing will be negotiated with the selected negotiation Committee and forwarded as part of the award recommendation to the City Commission.

12.5. Exception Selection ITN Proposal

12.5.1. If only one response is received the ITN Committee may choose to accept the response, provided:

12.5.1.1. The response meets economic factors beneficial to the CITY,

12.5.1.2. The response specifications and scope of work are acceptable to the Committee and the

Project Manager.

12.5.1.3. A supermajority vote of the Committee.

12.5.1.3.1. Supermajority vote to accept response.

12.5.1.3.2. A single response may be rejected with a majority of negative vote

12.5.1.3.3. Vote must be documented on a letter approved by the Purchasing Division.

13. PAYMENTS

13.1. Florida Prompt Payment Act

When the work has been completely performed by the Contractor/Vendor and approved by the Department Director, the unpaid balance for completed work of the contract, less any sums that may be deducted will be paid in accordance with the Florida Prompt Payment Act.

13.2. Progress Payments

Progress payments may be made for partial delivery of a product or partial completion of service.

Progress payments will be done in accordance with the final contract or agreement.

14. SAMPLES

14.1. Samples of items when called for must be furnished free of expense on or before ITN opening time and date, and, if not destroyed, may, upon request, be returned at the respondent's expense. Each individual sample must be labeled with respondent's name, manufacturer's brand name and number, ITN number and item reference. 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 ITN opening date. If instructions are not received within this time, the City of Sarasota shall dispose of the commodities.

15. PREFERABLE PRODUCTS

15.1. Environmentally Preferable Products

The City of Sarasota is committed to the procurement of products and services that minimize negative environmental and social impacts and emphasize long-term values. Preference shall be given to products and services that have a lesser or reduced effect on human health and the environment when compared to other products and services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.

15.2. Buy America.

The City of Sarasota is committed to the procurement of products and services that are produced or manufactured in America. We encourage all Contractor/Vendors to buy American made materials and products.

16. PROFESSIONAL STANDARDS

16.1. The successful respondent shall covenant and agree that it and its employees have complied with the Florida Statutes pertaining to the licensing of employees, as applicable.

16.2. In the event the successful respondent shall be placed in any form of bankruptcy or make an assignment for the benefit of creditors, the City Manager may declare the same a default of the agreement which may be terminated pursuant to these terms and conditions.

16.3. Section 287.055(6)(a), Florida Statutes, requires the following provisions to be made a part of the agreement.

16.3.1. The successful respondent warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the successful respondent, to solicit or secure the agreement, and that it will not pay or agree to pay any person, company, corporation, individual or firm other than a bonafide employee working solely for the successful respondent any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of the agreement. For breach or violation of this condition, the City Manager shall have the right to terminate the agreement without liability and at his discretion to deduct from the agreement price of otherwise recover the full amount of such fee, commission, percentage, gift or consideration.

17. MINIMUM REQUIREMENTS

17.1. Previous experience in the performance of projects of a similar nature.

17.2. The individuals/firm warrants that they are fully qualified, with adequate personnel, resources, and experience to undertake the services required within a reasonable timeframe.

17.3. Registered under the State of Florida to perform the services required for this project. Registration

Certificate to be provided by the Florida Department of State, Division of Corporations, establishing your firm as eligible to conduct business in the State of Florida. Please refer to website:

www.sunbiz.org

END OF SECTION

http://www.sunbiz.org/