HomeMy WebLinkAboutTerms and ConditionsCo-op F-4038-06-WG
CITY OF HOLLYWOOD
TERMS AND CONDITIONS
1. Execution of Bid: Bid must contain an original signature of an individual authorized to bind the bidder. Bid must be typed or
printed in Ink. All corrections made by the bidder to the bid must be initialed by the person signing the bid. All illegible entries,
pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications cannot be changed or
altered in any way. Altered bids will not be considered.
2. No Bid: If not submitting a bid, respond by returning this Bidder Acknowledgment form, marking it "NO BID," no later than the
stated bid opening date and hour, and explain the reason in the space provided. Failure to respond without sufficient
justification may be cause for removal of the bidder's name from the bid mailing list.
3. Bid Opening: Shall be public, on date, location and time specified on the bid form. It is the bidder's responsibility to assure
that his bid Is delivered at the proper time and place of opening. Bids which for any reason are not so delivered, will not be
considered. It is the bidder's responsibility to assure all numbered pages of the bid, all attachments thereto and all addenda
released are received prior to submitting a bid. All bids are subject to the conditions specified herein on the attached bid
documents and on any addenda Issued thereto.
4. Addenda to Bid: The City of Hollywood reserves the right to amend this bid prior to the bid opening date Indicated. Only
written addenda will be binding. The City is not bound by any oral representations, clarifications, or changes made in the written
specifications by the City's employees, unless such clarifications or changes are provided to bidders in written addendum form.
5. Prices Quoted: Deduct trade discounts and quote firm net prices. Give both unit and extended total. Prices must be stated
in units to quantity specified in the bidding specifications. In case of discrepancy In computing the amount of the bid, the unit
price quoted will govern and the total will be adjusted accordingly. All prices quoted shall be F.O.B. destination, freight prepaid.
(Bidder pays and bears freight charges. Bidder owns goods in transit and files any claims), unless otherwise stated in Special
Conditions. Cash discounts for prompt payment will not be considered in determining the lowest net cost for bid evaluation
purposes.
6. Withdrawal of Bids: Bidders may request withdrawal of bid submittal prior to the scheduled bid opening time provided the
request for withdrawal Is submitted to the Procurement Services Manager in writing. No bids may be withdrawn for a period of
ninety (90) days after the date of bid opening.
7. Mistakes: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions, and all
Instructions pertaining to supplies and services. Failure to do so will be at bidder's risk.
8. Taxes: The City of Hollywood Is exempt from Federal Excise and State Sales Taxes on direct purchases of tangible personal
property. This exemption does ngl apply to purchases of tangible personal property made by contractors who use the tangible
personal property in the performance of contracts for the City of Hollywood. Contractors doing business with the City shall 1L
be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City nor shall any
contractor be authorized to use the City's tax exemption number in securing such materials.
9. Delivery: Unless actual date of delivery is specified (or if specified delivery can not be met) show number of days required to
make delivery after receipt of purchase order In space provided. Delivery time may become a basis for making an award.
Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays, unless otherwise
specified and incorporated into contract document. Delivery shall be to the location specified in the bid specifications.
10. Conditions and Packaging: Unless otherwise stated In the special instructions to bidders or the bid sheets, or specifically
ordered from an accepted price list, deliveries must consist only of new and unused goods and shall be the current standard
production model available at the time of the bid. The goods must be suitably packaged for shipment by common carrier. Each
container or multiple units or items otherwise packaged shall bear a label, imprint, stencil or other legible markings stating name
of manufacturer or supplier, purchase order number and any other markings required by specifications, or other acceptable
means of identifying vendor and purchase order number.
11. Inspection, Acceptance & Title: Inspection and acceptance will be at destination unless otherwise provided. Title to or
risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer, unless Toss
or damage results from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not
conforming specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at
bidder's expense.
12. Safety Standards: All manufactured Items and fabricated assemblies shall comply with applicable requirements of
Occupational Safety and Health Act and any standards thereunder.
13. Open -End Contract: No guarantee Is expressed or implied as to the total quantity of commoditiesiservices to be purchased
under any open end contract. Estimated quantities will be used for bid comparison purposes only. The City of Hollywood
reserves the right to: issue purchase orders as and when required, or issue a blanket purchase order for Individual agencies
and release partial quantities. No delivery shall become due or be acceptable without a written order by the City, unless
otherwise provided in the contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on
Items urgently required, the seller may be given telephone notice, to be confirmed by an order in writing.
14. Contract Period (Open -End Contractj:; The initial contract period shall start with the expiration date of the previous
contract or date of award, whichever is latest, and shall terminate one (1) year from that date, unless otherwise stated within the
specifications. The contractor will complete delivery, and the City will receive delivery on any orders mailed to the contractor
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prior to the date of expiration. The Procurement Services Manager may renew this contract subject to vendor acceptance,
satisfactory performance and determination that renewal will be in the best interest of the City. Notification of Intent to Renew
will be mailed sixty (60) calendar days in advance of expiration date of this contract. All prices, terms and conditions shall
remain firm for the initial period of the contract and for any renewal period unless subject to price adjustment specified as a
"special condition" hereto.ln the event services are scheduled to end because of the expiration of this contract, the Contractor
shall continue the service upon the request of the Procurement Manager. The extension period shall not extend for more than
ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the
rate in effect when this extension clause is invoked by the City.
15. Fixed Contract Quantities: Purchase order(s) for full quantities will be issued to successful bidder(s) after notification of
award and receipt of all required documents. Fixed contract quantities up to twenty (20) percent of the originally specified
quantities may be ordered prior to the expiration of one (1) year after the date of award, provided the contractor agrees to
furnish such quantities at the same prices, terms and conditions.
16. Payment: Payment will be made by the City after commodities/services have been received, accepted and properly involoed
as indicated In contract and/or order. Invoices must bear the purchase order number.
17. Manufacturer's Name and Approved Equivalents: Manufacturer's names, trade names, brand names, information
and/or catalog number listed In a specification are for information and establishment of quality level desired and are not
intended to limit competition. The bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids
are based on equivalent products, indicate on the bid form the manufacturer's name and catalog number. Bidder shall submit
with his bid complete descriptive literature and/or specifications. The bidder should also explain in detail the reason(s) why and
submit proof that the proposed equivalent will meet the specifications and not be considered an exception thereto. The City of
Hollywood reserves the right to be the sole Judge of what is equal and acceptable. Bids which do not comply with these
requirements are subject to rejection. If Bidder fails to name a substitute It will be assumed that he is bidding on goods identical
to bld standard, and he will be required to furnish such goods.
18. Variations to Specifications: Bidder must indicate any variance to our specifications, terms and/or conditions, no matter
how slight. If variations are not stated in the Bid, it wit! be assumed that the product or service fully complies with our
specifications, terms and/or conditions. The Clty will not interpret variances based on any attached sales or manufacturer's
literature unless otherwise specified herein by the City.
19. Interpretations: Any questions concerning conditions. and specifications shall be directed in writing to the Procurement
Services Division. No interpretation(s) shall be considered binding unless provided to all Bidders in writing by the Director of the
Procurement Services Division.
20. Awards: If a specific basis of award is not established in the invitation for Bid, the award shall be to the responsible
bidder with the lowest responsive bid meeting the written specifications. As the best Interest of the City may require, the
right Is reserved to make award(s) by individual commodities/services, group of commodities/services, all or none or any
combination thereof. When a group is specified, all items within the group must be bid. A bidder desiring to bid "No Charge" on
an Item in a group must so indicate, otherwise the bid for the group will be construed as incomplete and may be rejected.
However, if bidders do not bid all items within a group, the Clty reserves the right to award on an item by Item basis. When a
group bid is indicated for variable quantities and the bid for the group shows evidence of unbalanced bid prices, such bid may
be rejected. The Procurement Services Manager, or the City Commission, whichever is applicable, reserves the right to waive
technicalities and irregularities and to reject any or all bids, or any part of any bid.
21. Warranty: The bidder should specify any warranty applicable to the items bid, and attach any applicable warranty form.
22. Samples: Samples of items, when required, must be furnished by bidder free of charge to the City. Each individual sample
must be labeled with bidder's name, manufacturer's brand name and be delivered by him within ten (10) calendar days of the
bid opening unless the schedule indicates a different time or unless submission Is required before the bid opening. If samples
are required subsequent to the bid opening, they should be delivered within ten (10) calendar days of the request. The City will
not be responsible for returning samples.
23. 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 unpatented
Invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the bidder
uses any design, device, or materials 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 materials in any
way involved in the work.
24. Assignment: Contractor shall not transfer or assign the performance required by this bid without the prior written consent of
the Procurement Services Manager. Any award Issued pursuant to this bid Invitation and the monies which may become due
hereunder are not assignable except with the prior written approval of the Procurement Services Manager.
25. Indemnification: The Contractor shall indemnify, hold harmless, and defend the City of Hollywood, its officers, agents and
employees from and against any and all claims, damages liability, judgements or causes of action including costs, expenses
and attorneys fees incurred as a result of any error, omission or negligent act by the Contractor its officers, employees, agents,
subcontractors or assignees arising out of this bid.
26. Equal Employment Opportunity: No Contractor shall discriminate against any employee or applicant for employment
because of race, religion, color, sex or National origin, or physical or mental handicap If qualified. Contractor shall take
affirmative action to ensure that applicants are employed, and that employees are treated during their employment without
regard to their race, religion, color, sex or National origin, or physical or mental handicap. Such actions shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor
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agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions
of this non-discrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made
aware of and will comply with this nondiscrimination clause.
27. ADA Compliance: "Persons with disabilities who require reasonable accommodation to participate in City Programs and/or
services may call the Equal Opportunity Manager, Office of the City Manager at {954) 921-3201 (voice). if an individual is
hearing or speech impaired, please call Florida Relay Service 1-800-955-8771.
28. Public Entity Crimes: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases
of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor Ilst."
29. Protest: Notice of intent to award a contract will be posted for review by interested parties in the Procurement Services Office
for a period of five (5) business days. Any actual or prospective bidder who is aggrieved in connection with the pending award
must file a written protest within five (5) business days after the posting date, in accordance with the City of Hollywood's
Purchasing Ordinance Section 38.51, or any right to protest is forfeited.
3Q. Disclosure Statement: Vendor shall disclose below, to the best of his or her knowledge, any City of Hollywood officer or
employee, or any relative of any such officer or employee as defined in Section 112.3135, Florida Statutes, who is an officer,
partner, director or proprietor of, or has a material interest in the vendor's business or its parent company, any subsidiary, or
affiliated company, whether such City official or employee is in a position to influence this procurement or not.
Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the
provisions of the City of Hollywood Purchasing Ordinance.
Name Relationship
In the event the vendor does not indicate any names, the City shall interpret this to mean that no such relationship exists.
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