Loading...
HomeMy WebLinkAboutBack-up Document(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.24. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder to meet any terms of this agreement, the City will notify the Bidder of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. B. (8) Found in violation of a zoning ordinance or any other city C. ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the D. City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. E. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been City of Miami Bid No. 05-06-0«NO» Failure to perform the work required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. Failure to begin the work under this Contract within the time specified. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as non conforming with the terms of the Contract. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment creditors, if bankruptcy, or for the benefit of the insolvency, assignment renders Page 5 F. the successful Bidder incapable of performing the work in accordance with and as required by the Contract. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.25. DEBARRED/SUSPENDED VENDORS — An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.26. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the Bid shall be fixed after the award by the Commission unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the Bid will be accepted from successful Bidder(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder will be passed on to the City. 1.27. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or ambiguities in the Invitation for Bids or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Invitation for Bids and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications.