Racquet_Club_Tennis_Courts.pdf

ITB 0071-24

Racquet Club Tennis Courts

The City of Fort Myers Procurement Services utilizes an electronic bidding system to streamline the solicitation process.

City of Fort Myers Procurement Services Website https://procurement.opengov.com/portal/cityftmyers

Racquet Club Tennis Courts, ITB 0071-24

TABLE OF CONTENTS

I. INTRODUCTION

II. SCOPE OF WORK

III. GENERAL CONDITIONS

IV. PAYMENT

V. SPECIAL CONDITIONS FOR CONSTRUCTION

VI. INSURANCE

VII. LOCAL PREFERENCE

VIII. MINORITY BUSINESS ENTERPRISE PROGRAM

IX. DEFINITIONS

X. VENDOR SUBMISSIONS

XI. SCHEDULE OF VALUES

XII. INSTRUCTIONS TO RESPONDENTS

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Respondents to provide construct 5 tennis courts at the Raquet Club.

1.2. Background

The City of Fort Myers (the “City”), established in 1886, is located on the southern west coast of

Florida. It is the cultural and trade center for Lee County and the surrounding area. The City was built on the site of Fort Harvie and was named for Colonel Abraham Charles Myers, then

Chief Quartermaster of Florida. The City has approximately 1,000 employees serving a population of approximately 96,755 full time permanent residents with a population growth of

12% between 2020 and 2022. According to the Lee County Visitor & Convention Bureau, nearly 4.5 million people visit Fort Myers each year and spend over $4 billion dollars while in the area. Fort Myers has experienced unprecedented growth in its tax base, as the past (3), year over year percentage increases, were double digit. The City added a total of $5.0 billion to its tax base over the past five years, or 75.6%.

The City is situated between Tampa and Miami along scenic U.S. Highway 41, also known as

Tamiami Trail. Recent accolades for the City of Fort Myers include top ranking for best places to live, to retire, and to start a new business, safest cities in America, #4 college town in

Florida, and most recently the 3rd fastest growing place by U.S News and World Report.

The City of Fort Myers is committed to providing exceptional municipal services to residents, businesses and visitors in a fiscally responsible manner while preserving the City’s rich history, diverse culture, and charming lifestyle.

1.3. OpenGov Portal

The City uses OPENGOV (https://procurement.opengov.com/portal/cityftmyers) to administer the competitive solicitation process, including but not limited to soliciting responses, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the solicitation from OPENGOV. Proposers are strongly encouraged to read the various vendor Guides and Tutorials available in OPENGOV well in advance of their intention of submitting a response to ensure familiarity with the use of OPENGOV. The City shall not be responsible for an Offeror’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OPENGOV.

1.4. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Cathy Scott, Senior Procurement Specialist 231-723

2200 Second Street

Fort Myers, FL 33901

Email: cscott@cityftmyers.com

Phone: 239-231-7235

Requesting Department:

1.5. Pre-Submission Conference

The purpose of a Pre-Solicitation Conference is to review and discuss the solicitation (and any addenda) as published. A representative from the Procurement Services and a representative from the using department will be present to discuss the solicitation. The date, time, and location can be found in the timeline.

1.6. Advertising

CITY OF FORT MYERS

ITB 0071-24 Racquet Club Tennis Courts

The City of Fort Myers is seeking submittals for ITB 0071-24 Racquet Club Tennis Courts which will be uploaded electronically on or before October 17, 2024, at 2:00 p.m.. Interested participants are encouraged to download the solicitation documents. For more details visit

+https://procurement.opengov.com/portal/cityftmyers

CITY OF FORT MYERS

Marty K. Lawing, City Manager Legal Ad: News-Press/OpenGov

Mary Hagemann, City Clerk RUN DATES: September 19, 2024

2. SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

A. The Respondent(s) shall hold any necessary license’s authorizing them to do business in the State of Florida.

B. Respondent(s) shall have been in business under the current company/firm name for a minimum of three (3) consecutive years (verified through Sunbiz.org).

C. Neither Respondent nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City.

D. 4. Respondents are required to inform the City of any relevant legal or ethical issues.

Specifically, they need to disclose:

• Judgments: Any court decisions against them.

• Bankruptcies: If they have declared bankruptcy.

• Pending Lawsuits: Any legal actions that are currently underway.

• Criminal Activities: Any criminal conduct, especially if it involves moral turpitude

(actions that are morally reprehensible).

Respondents will be given a chance to explain or provide additional information regarding these issues if applicable. This allows them to clarify any concerns and provide context.

To demonstrate qualifications to perform the Work, each Respondent must be prepared to submit within five (5) days of City’s request written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for. Each Solicitation must contain evidence of the Respondent’s qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

The awardee will be required to maintain the Minimum Qualifications Requirements, as presented during selection, if selected and awarded the contract, during the term of the

Contract and any contract renewals.

2.2. Tennis Court Construction

Scope of Work for the Construction of Five Hard Tennis Courts

1. Summary

The City of Fort Myers, Florida, invites qualified contractors to submit bids for the construction of five hard tennis courts at the designated recreational facility. The selected contractor will be responsible for providing all necessary labor, materials, and services required to complete the project to the highest standards of quality, safety, aesthetics, and functionality. The successful completion of this project will ensure an optimal playing environment for tennis enthusiasts of all ages and skill levels. The scope of work includes site excavation, base preparation, installation of court surfaces, fencing, lighting, and other associated amenities.

2. Detailed Specifications

2.1 General Requirements

• All work must adhere to the latest American Society for Testing and Materials (ASTM) standards.

• The project must comply with United States Tennis Association (USTA) specifications for court dimensions and soft court requirements.

• All materials used must meet or exceed local building codes, as well as state and federal regulations, as applicable to the City of Fort Myers.

2.2 Site Preparation

• The contractor shall be responsible for grading and preparing the site to ensure proper drainage and accessibility, maintaining a minimum slope of 1%.

• Excavation of existing soil to the required depth for the proposed court surface is required.

• Installation of subgrade materials, such as crushed stone or gravel, is necessary to ensure adequate drainage and support for the court surfaces.

2.3 Court Surface Specifications

• The playing surface shall consist of an advanced acrylic or polymer-based system that provides a uniform, high-quality playing experience.

• The surface must offer consistent ball bounce and appropriate shock absorption.

• The court color schemes must receive approval from the City and conform to USTA color guidelines.

• Each court must measure 78 feet in length and 36 feet in width for doubles play, with all lines and service areas clearly marked per USTA specifications.

2.4 Fencing

• A 10-foot high chain-link fence must be installed around each court to ensure player safety and containment of tennis balls.

• All fencing must be powder-coated black for rust resistance and a professional appearance.

• Fencing posts must be securely set in concrete to ensure long-term stability and durability.

2.5 Lighting

• Provide and install a Tweener lighting system to ensure adequate illumination of the courts for evening play.

2.6 Additional Amenities

• Benches should be installed with clear visibility for spectators and must comply with ADA accessibility standards.

• Trash and recycling receptacles must be strategically placed throughout the court area.

• Adequate drainage systems must be installed to effectively manage stormwater runoff.

3. Service Requirements

• The contractor must assign a qualified project manager to oversee all aspects of the construction, serving as the primary point of contact with City representatives.

• Bi-weekly progress reports must be submitted throughout the construction period, including updates on the timeline, completed tasks, and any issues encountered.

• Construction activities must be coordinated to minimize disruptions to the facility, with strict adherence to safety protocols at all times.

• The contractor must provide a minimum one-year warranty on all workmanship and materials from the date of project completion.

4. Delivery Requirements

• All materials must be delivered to the construction site at a pre-arranged date and time coordinated with City representatives.

• Deliveries should occur during regular business hours unless prior approval is obtained for after-hours delivery.

• All delivered materials must be inspected on-site to verify compliance with the specifications outlined in this scope of work.

• The contractor must supply documentation for all materials used, including safety data sheets and proof of compliance with industry standards.

5. Conclusion

The City of Fort Myers seeks to engage a contractor with the expertise, capability, and experience to successfully construct five high-quality hard tennis courts that will serve the community's needs. Prospective contractors are encouraged to review the detailed specifications and requirements outlined in this scope of work and submit their proposals accordingly.

3. GENERAL CONDITIONS

3.1. Order Of Precedence

This solicitation shall be included and incorporated in the purchase order or contract resulting from this solicitation. The purchase order or contract, including any exhibits attached thereto, contains all the terms and conditions agreed upon by the parties. No other contract, oral or otherwise, regarding the subject matter of the contract, shall be deemed to exist or to bind either party hereto. Unless otherwise expressly provided in the purchase order or contract, in the event of any conflict between the terms of the contract or purchase order, the City's solicitation, and the Respondent's submittal, the order of precedence shall be the contract or purchase order including amendments or change orders, followed by the solicitation, including any addenda, and then the response to the solicitation.

3.2. Term of Contract

This contract will take effect on the effective date (the date the last party signs it) and be in effect until the City accepts that the project is complete.

3.3. Taxes

The City is a governmental agency and a political subdivision under Florida law. Purchases by the City under this Contract are exempt from Florida sales tax: The City’s tax-exempt number is

85-8012621569C-3. No purchase made by any entity is qualified to be exempt other than those made directly by the City.

The City’s sales tax exemption does not apply to goods and services purchased separately by a

Respondent in connection with its fulfillment of its Contract obligations. The Respondent shall be responsible for paying any taxes, fees or similar payments which are required to be paid in connection with the Contract work.

3.4. Purchase Orders

All Purchase Orders issued pursuant to the Contract will be deemed to incorporate all terms and conditions of this solicitation regardless of whether these Documents are expressly referenced therein.

Before commencing work, the Respondent must receive a CITY PO/work order/or P-Card authorization. Shipments or work performed will be made as specified on the purchase order, conforming to the pricing form, specifications, and general conditions. No work may proceed unless the Respondent is in receipt of a Work Order and the associated PO.

3.5. Purchasing Contracts w/ Other Government Agencies

At the option of the awarded Respondent, any submission in response to this Solicitation constitutes a Proposal made under the same terms and conditions, for the same Contract price, to other governmental agencies. Each governmental agency desiring to accept these submissions, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this Proposal.

3.6. Relationship Between Parties

The resulting Contract does not create an employer/employee relationship between the City and

Respondent. Respondent is independent of the City and will be in control of the means and the method in which the requested work is performed. Respondent will be solely responsible for payment of all federal, state, and local income tax, and self-employment taxes, arising from this

Contract; and agrees to indemnify and hold harmless the City from any obligations relating to such taxes. The City will not make deductions from payments due, for such taxes, or for social security, unemployment insurance, worker’s compensation, or other employment or payroll taxes. Respondent will also be responsible for the performance of their subcontractors.

3.7. Severability

In the event any provision of this Contract is determined to be void or unenforceable, such determination shall not affect the remainder of this Contract, which shall continue to be in force.

3.8. Training

Unless otherwise specified, Respondent will be required at the convenience of and at no expense to the City to provide training to City personnel in the operation and maintenance of any item purchased as a result of this solicitation.

3.9. Failure to Enforce

Failure by the City at any time to enforce the provisions of the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of the City to enforce any provision at any time in accordance with its terms.

3.10. Substitute or “Or Equal” Items

The materials and equipment described in the Solicitation Documents establish a standard of required function, dimension, appearance, and quality to be met by a proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Respondent and has been received by the City at least fifteen days prior to the date for receipt of the submittal. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes to other materials, equipment or work that use of the substitute would require, shall be included. The burden of proof of the merit of the proposed substitution. Such approval will be issued by Addendum to all prospective Respondents. Respondents shall not rely upon approvals made in any other manner.

3.11. Modifications

The City reserves the right to add, modify, change and/or refine the scope with the selected

Respondent(s) and negotiates any applicable fees during negotiations.

3.12. Liability for Errors

The City has made considerable efforts to ensure accurate representation of the information in this Solicitation, the information contained is supplied solely as a guideline for Respondents.

The information is not guaranteed or warranted to be accurate by the City nor is it necessarily comprehensive. Nothing in the Solicitation is intended to relieve the Respondents from forming their own opinions and conclusions with respect to this request.

3.13. Assignment

By the submission of this submittal, the Respondent agrees not to sell, assign, or transfer any of its rights, duties, or obligations under the contract or under any purchase order issued pursuant to the contract, without the prior written consent of the City. The Respondent shall give full attention to the contract, to the faithful execution of the contract, and shall keep the same under its control.

3.14. Pricing Sheet

A. Must complete this section in its entirety.

B. Additional charges. All additional charges such as installation, shipping, insurance, normal service consumables, shop supplies, environmental fees, administration fees, etc.

must be included in your proposal. CITY will not be responsible for any type of miscellaneous surcharges or fees. The Respondent may not add any additional fees to the order including, but not limited to, special handling charges, hazardous materials fees, fuel surcharges, etc. after award without written CITY approval.

C. Goods Orders. The Respondent will adhere to the following:

1. Delivery costs will be included in your unit price, unless otherwise indicated.

2. Minimum order quantities are not allowed for this solicitation.

3. Unit pricing will be inclusive of inside delivery.

D. F.O.B. Destination. Offered prices for all items will be F.O.B. Destination and include all shipping charges to all CITY locations. Title to/or risk of loss or damage to all items will be the responsibility of the Respondent until acceptance by CITY. If the goods supplied to CITY are defective or do not conform to specifications, CITY reserves the right to cancel the order upon written notice to the Respondent. Returns will be at the

Respondent’s expense.

E. Price Reductions. If, from the date of award, the Respondent either proposes the same products and/or services at a lower price than offered to CITY or reduces the price of the proposed goods and services, the lowest of these reduced prices will be extended to

CITY.

F. Additions. New products and related services may be added to a Contract resulting from this solicitation at any time during that Contract term to the extent that those products and related services are within the scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality.

G. Deletions. New products and related services may be deleted from a contract if an item is no longer available.

3.15. Purchasing Card Program

The City uses the VISA Purchasing Card Program to streamline our procurement process. To expedite payments to Respondents. The solution has been implemented to control our procurement activities more effectively and to achieve significant cost savings over the traditional paper, purchasing, and payment system.

As one of the City valued Respondents, your business can also achieve cost savings results by accepting the Purchasing Card solution.

Identified benefits of this Program are:

• Get paid faster – Virtual card payments will be made after invoice approval, ACH will be net 30, and check net 45

• Improve Days Sales Outstanding (DSO)

• Electronic payment that eliminates the cost of processing checks

• Payment within 48 hours

• Improve cash flow

• Increased working capital

• Reduced collection efforts and administrative expenses

• Enhanced corporate relationships

• Enhanced reporting

• Increased sales as a “Preferred Supplier”

• Streamlined reconciliation with remittance details included with electronic payment in email notification

• Lower carrying costs

• Less paper/manual work

• Dedicated supplier portal to view status of receivables

3.16. Respondent's Guarantee

By submitting a Response, a Respondent warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein.

3.17. Insurance / Performance Bonds

Insurance and/or Performance Bond coverage required by the Contract or terms and conditions as set forth in this Solicitation, if any, must be in force throughout the term of the Contract

(“Contract Term”). Should a Respondent fail to provide acceptable evidence of current insurance and/or a Performance Bond within seven (7) days prior to the expiration date of an insurance policy or bond at any time during the Contract term, the City shall have the absolute right to terminate the Contract without any further obligation to the Respondent. The

Respondent shall be liable for the entire additional cost of procuring performance and the cost of performing the incomplete portion of the Contract at the time of termination. It is highly recommended that proposers confer with their respective insurance carriers or brokers to determine, in advance of their proposal submission, the availability and cost of the required insurance, related endorsements, and bonds.

3.18. Solicitation Termination

The City reserves the right to cancel this Solicitation and/or reject all Respondents, there shall be no liability on the part of the City for any costs incurred by Respondents or potential

Respondents in relation to the Solicitation.

3.19. Permits, Taxes, Licenses, Ordinances and Agreements

The Respondent shall, at their own expense, obtain all necessary permits, give all notices, pay all license fees and taxes, comply with all applicable local, State and Federal laws, ordinances, rules, and regulations. The Respondent shall maintain the correct and valid licenses throughout the course of the contract. Lack of knowledge by the Respondent will in no way be a cause for relief from responsibility.

3.20. Delivery

Material, equipment, and services shall be provided only by authorized Purchase Orders issued by Procurement Services. Failure of the Respondent to provide commodities/services as specified or to promptly replace damaged or defective products shall render Respondent liable for all costs in excess of the contract price when alternate procurement is necessary.

3.21. City Recognized Holidays

City recognized holidays include New Years Day, Martin Luther King Day, Presidents Day, Memorial Day, Juneteenth, July 4th, Labor Day, Thanksgiving Day, and Christmas Day.

3.22. Progress Report

When requested by the City, the Respondent shall furnish such reports as required.

3.23. Record Retention

Awarded Respondents will keep and maintain adequate records and documents applicable to the project at the Respondent’s expense for a minimum of five (5) years from date of final payment, unless the Respondent is notified in writing by the City of the need to extend the retention period. Books and accounts shall be open to investigation upon request.

3.24. Right to Audit Records

The City shall be entitled to audit the books and records of a Respondent or any subcontractor to the extent that such books and records relate to the performance of the contract or any subcontract. The Respondent and its subcontractors shall retain and maintain financial records and other records relating to the contract for a period of five (5) years from the date of final payment under the contract and by the subcontractor for a period of five (5) years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing by the City. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5-year period, whichever is later.

3.25. Failure to Complete

Failure to complete the project that is the subject of the request within the time constraints set forth in the Solicitation requirements or as specified shall create a right in the City to the following cumulative remedies:

A. Termination of award.

B. Reimbursement of all costs associated with awarding the project to the second ranked

Respondent.

C. Payment of any damages to the city caused by the delay, including any increase in costs.

D. All costs associated with re-soliciting the project, if required.

E. Any other legal remedies available under Florida law for breach of a contractual agreement.

3.26. Mistakes

Respondents are expected to examine the specifications, delivery schedule, and all instructions pertaining to materials, equipment, services. Failure to do so will be at the risk of the

Respondent. Respondent shall report any mistakes to the Procurement Manager.

3.27. Indemnification

If Construction/Service, the Respondent shall indemnify, defend, and hold harmless the City from all liabilities, decrees, judgements, claims, or disbursements, including attorney’s fees and/or damages and expenses resulting from delay, which may in anywise come against or be incurred by the City by reason of the use of any patented material, machinery, device, equipment, or process furnished or used in the performance of the Work under this Contract, or the use by the City of the completed structure, or by reason of the use of patented designs furnished by the Respondent and accepted by the City. In the event any claim, action at law, or suit in equity of any kind whatsoever is made or brought against the City involving any such patent rights, then the City shall have the right, without impairment of the foregoing indemnification, to retain from the money due and to become due said Respondent enough money to protect these parties against loss.

3.28. Indemnification

If Design Professional, the design professional that the design professional indemnify and hold harmless the agency, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract.

3.29. Foreign Corporation

In accordance with F.S. 607.1501, and provided an exemption is not available, a foreign corporation may not transact business in Florida until it obtains a certificate of authority from the Florida Department of State. Foreign corporations may submit responses prior to obtaining a certificate of authority from the Florida Department of State. A foreign corporation must be in compliance with F.S. 607.1501, prior to entering into a Contract with the City of Fort Myers.

3.30. Governing Law / Venue

Any contract entered into as a result of this solicitation shall be deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. Any litigation arising out of this contract shall be commenced in the State and Federal Courts of Lee County, Florida. The Respondent shall comply with all applicable federal, state, and local laws in the performance of work under the contract. To the extent applicable, Respondent shall comply with Florida public records laws, including Sections 119.0701(2) (b) 1 through 4 of the Florida

Statutes. IF THE RESPONDENT HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE RESPONDENT’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF

THE PUBLIC RECORDS AT C/O CITY CLERK, (239) 321-7042,

jgravitt@cityftmyers.com 2200 Second Street., Fort Myers, FL 33901.

3.31. Recovered Materials

If the specifications contained herein require the use of recovered materials, by submitting a response to this solicitation, a respondent agrees and certifies that it will meet such requirement. Upon the conclusion of any contract resulting from this solicitation requiring the use of recovered materials, the Respondent shall submit to the City’s project manager for the work a statement regarding the actual percentage of recovered materials utilized in the completion of the contract.

3.32. Quantities

The quantities for the items listed in this solicitation are estimated annual quantities for evaluation purposes only and should not be construed as representing actual quantities to be purchased. Moreover, it is understood by all Respondents that the City is not obligated to purchase any minimum or maximum amount during the life of a contract resulting from this solicitation.

3.33. Inspection, Acceptance, and Title

Inspection and acceptance will be at destination unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the Respondent.

3.34. Silence of Specifications

The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality.

All interpretations of specifications shall be made upon the basis of this statement.

mailto:jgravitt@cityftmyers.com

3.35. Prices and Terms

All prices must include delivery and be firm for the delivery schedule quoted herein. All prices shall be F.O.B. Final Destination delivered to any City of Fort Myers Department unless otherwise stipulated in the Solicitation.

3.36. Price Escalation/De-Escalation

A. All prices offered herein shall be firm against any increase for three (3) years from the effective date of the contract. Prior to commencement of subsequent renewal terms, the

City will entertain a request for escalation in accordance with the current Consumer

Price Index at the time of the request or up to a maximum 3% increase on the current pricing, whichever is lower.

B. For purposes of this section, "Consumer Price Index" shall mean the Consumer Price

Index-All Urban Consumers United States Average-All Items (CPI-U), as published by the

United States, Department of Labor, Bureau of Labor Statistics.

C. The City reserves the right to accept or reject the request for a price increase within thirty (30) days. If the price increase is approved, the price will remain firm for the renewal period for which it was requested.

D. If a price increase if granted to the respondent, any decrease in said costs shall be granted to the City as soon as said decrease occurs.

3.37. Ordering

A. The awarded Respondent shall stock sufficient quantities of supplies to meet the requirements of the City on an "as-needed" basis within seventy-two (72) hours after being notified of such requirements by the City.

B. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities will be used for comparison purposes only. The City reserves the right to issue purchase orders as and when required, or a blanket purchase order and release partial quantities as and when required or any combination of the preceding.

C. The City reserves the right to purchase commodities/services specified herein through

Contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a period shorter than the delivery time specified in the contract, and if the seller is unable to comply, the City reserves the right to obtain such delivery from others without penalty or prejudice to the City or to the Proposer.

3.38. Marking/Labeling of Container

Each individual container shall be marked with the brand name of the product, quantity and the name and address of the manufacturer. Each shipping container shall include the name of the

Respondent and must also clearly indicate the City Purchase Order Number and/or City Contract

Number.

3.39. Acceptance of Materials/Services

The City will deem to have accepted the Work after approval by the Department stating that the Work is completed, in accordance with solicitation specifications. The Work under this

Agreement shall remain the property of the Respondent until the City accepts such work. In the event the Work furnished under this Agreement is found to be defective or does not conform to the specifications, the City reserves the right to cancel the Agreement upon written notice to the Respondent.

3.40. Political Subdivisions

Under Florida Law, prices contained in State Contracts shall be available to the City, who might wish to purchase under a State Purchase Contract. The City therefore reserves the right to purchase any commodities from a State Purchase Contract if in the best interest of the City.

3.41. Safety Standards

Unless otherwise stipulated in the Solicitation, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder.

3.42. Return of Products/Equipment

All items delivered must meet the Specifications herein. Items delivered not as specified will be returned at no expense by the City. The City may return, for full credit, any unused items received which fail to meet the City’s performance standards. Replacement items meeting

Specifications must be submitted within a reasonable time after rejection of the non-conforming items. Unless a different time period is specified, the Respondent is to accept for full credit, any merchandise returned by the City within ninety (90) days from the delivery or pick up date. All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale by the Respondent and include reference to an applicable Respondent's Invoice or Packing List.

Full credit is to include all costs paid by the City related to the subject merchandise as determined by the Respondent's Invoice or Packing List.

3.43. Patents and Copyrights

The Respondent shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Respondent shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under the contract, constitutes an infringement of any patent or copyright of the

United States. The Respondent shall pay all damages and costs awarded against the City.

3.44. Failure to Perform

The parties understand and agree that time is of the essence in the performance of the contract. The Respondent or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Respondent's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Respondent's or City's contractual obligations, respectively. Any such causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of the Respondent's or City's performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, the City’s

Procurement Manager may cancel the contract for the convenience of the City. The Respondent agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified.

3.45. Conflict/Non-Conflict of Interest

The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All

Respondents must disclose within their responses to the City the name of any officer, director, or agent who is also an employee of the City (hereinafter the “City”). Furthermore, all

Respondents must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the Respondent of any of its branches. The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest for evaluation by the team members and other key personnel involved in the award of this contract. The term “conflict of interest” refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation.

3.46. Non-Collusion

The Respondent swears and attests that it is fully informed respecting the preparation and contents of the attached Solicitation, and of all pertinent circumstances respecting the provision of the goods or services to the City. The offer or submittal being made is genuine and is not collusive or a sham. The Respondent certifies that all information contained in the submittal is truthful to the best of their knowledge and belief. The Respondent certifies that they are duly authorized to submit this submittal on behalf of the company as its agent and that the company is ready, willing, and able to perform if awarded a contract. The Respondent further certifies, under oath, that this submittal is made without prior understanding, Contract, connection, discussion, or collusion with any other person, company or corporation submitting a submittal for the same product or service; no officer, employee or agent of the City or of any other

Company who is interested in said submittal; and that the undersigned executed this

Respondent’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

3.47. Drug-Free Workplace

In accordance with Florida Statue 287.087, Respondent certifies that:

• Publishes a written statement notifying that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition.

• Informs employees about the dangers of drug abuse in the workplace, the Respondent’s policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations.

• Gives each employee engaged in providing commodities or contractual services that are under Solicitation or submittal, a copy of the statement specified above.

• Notifies the employees that as a condition of working on the commodities or contractual and will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written (*) statement to acknowledge their receipt.

• Imposes a sanction on, or requires the satisfactory participation in, a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted.

• Makes a good faith effort to continue to maintain a drug free workplace through the

Implementation of the drug free workplace program.

3.48. Florida Statutes on Public Entity Crimes

The Respondent understands that a public entity as defined in Section 287.133 of the Florida

Statues includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Solicitation or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering conspiracy, or material misrepresentation.

The Respondent understands that “convicted” or “conviction” is defined by the statue to mean a finding or a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July, 1989, as a result of a jury verdict, non-jury trial, or entry plea of guilty or nolo contender.

The Respondent understands that “affiliate” is defined by the statue to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months.

3.49. Debarment and Suspension

The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:

• Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

• Have not within a three-year period preceding this application been convicted of had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

• Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification.

• Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or Local) terminated for cause or default.

Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this submittal.

3.50. Scrutinized Companies

Respondent hereby certifies under penalties of perjury, as of the date of this Solicitation, quote, submittal or request for qualifications to provide goods and services to the City, that it has not been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized

Companies with Activities in the Iran Petroleum Energy Sector List as defined in Section

287.135, Fla. Statute, is not engaged in business operations in Cuba and Syria; and has not engaged in a boycott of Israel and has not been placed on the Scrutinized Companies that

Boycott Israel List created after October 1, 2016, and during the term of any contract awarded under this request for quotes.

Respondent further certifies that I am duly authorized to submit this certification on behalf of the company as its agent and that the company is ready, willing, and able to perform if awarded a contract.

RESPONDENT UNDERSTANDS THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING

OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC

ENTITY ONLY AND, THAT FALSIFICATION OF THIS CERTIFICATION MAY RESULT IN

TERMINATION OF THE CONTRACT, DEBARMENT OF THE COMPANY FROM SUBMITTING A

SOLICITATION/QUOTE/SUBMITTAL OR QUALIFICATION STATEMENT FOR A PERIOD OF THREE

(3) YEARS FROM THE DATE THE CERTIFICATION IS DETERMINED TO BE FALSE, CIVIL

PENALTIES, AND THE ASSESSMENT OF ATTORNEY’S FEES AND COSTS AGAINST THE

COMPANY. RESPONDENT ALSO UNDERSTANDS THAT THEY ARE REQUIRED TO INFORM THE

PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT OF ANY CHANGE IN THE

INFORMATION CONTAINED IN THIS FORM.

3.51. Byrd Anti-Lobbying

All Respondents are hereby placed on notice that any communication, whether written or oral, with City elected officials or any other staff or outside individuals working with the City in respect to this request (with exception of the Procurement Services Division personnel designated to receive requests for interpretation or corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for Solicitation, submittals, qualifications and/or any other solicitations released by the City. To do so is grounds for immediate disqualification from the selection process. The selection process is not considered final until such time as the City Mayor and Council has made a final and conclusive determination.

3.52. Non-Discrimination

Respondent certifies that they will:

A. Implement an employment nondiscrimination policy prohibiting discrimination in the performance of the contract in the hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, ethnicity, color, religion, national origin, gender, disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status.

B. Not discriminate in the performance of the contract on account of actual or perceived race, ethnicity, color, religion, national origin, gender, disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status.

C. Provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management.

D. Incorporate the foregoing requirements in all subcontracts related to its contract with the City.

3.53. Employee Eligibility Verification System (E-Verify)

Statutes and executive orders require employers to a Solicitation by the immigration laws of the

United States and to employ, in the United States, only individuals who are eligible to work in the United States.

The E-Verify program provides an internet-based means of verifying employment eligibility of workers employed in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for:

• Commercial or noncommercial services or construction

• Work performed in the United States.

• Any Respondent working for the government must verify eligibility and supply a

Memorandum of Understanding

Respondents who are not enrolled in the program at the time the City project is advertised, must enroll, and produce a copy of the Memorandum of Understanding (MOU) with the

Respondent’s submission to the City. Upon signing up for the program, the Respondent must follow the federal guidelines for verifying all their employees, whether assigned to the contract or not, are in accordance with the Verification of Employment Eligibility.

Respondents that are already enrolled in the program must produce a copy of their MOU with the Respondent’s submission to the City. Respondents must follow the federal guidelines for verifying all their employees, whether assigned to the contract or not, are in accordance with the Verification of Employment Eligibility.

Subcontractor requirement: Respondents shall require all subcontracted Respondents to flow down the requirement to use E-Verify to subcontractors. It shall be the Respondent’s responsibility to familiarize themselves with all rules and regulations governing this program. By providing a submission to the City, the Respondent and any subcontractor(s) are 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 newly hired employees and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The respondent shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of any resulting

Contract (including any Purchase Order), or if a subcontractor knowingly violates the statute, the resulting subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit

Court no later than 20 calendar days after the date of termination. If any contract is terminated for a violation of the statute by the Respondent, the Respondent may not be awarded a public contract for a period of 1 year after the date of termination.

For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the…