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HomeMy WebLinkAboutCertification Statement1.1 Certification Statement Motorola has provided the executed form on the following pages. Motorola Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the title page City of Miami, Florida Mobile Communications System IFB No. 28069 - Required Documents July 5, 2007 1-3 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 120 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: ]tl.l' I''lri Nu. 8 SCYI IU11 1.1 Acceptance of Goods or Equipment 8 1.8 Audit Rights and Records Retention 1. \ epI iun/t 'lai i I [cal iun Comply with Clarification Title to the Equipment will pass to Customer upon shipment. Comply with Clarification Customer will have the right to inspect certain Motorola books and record for the purpose of verifying performance in accordance with the terms of the contract. Customer's inspection is limited to the verification of shipment to invoice quantities and shipment receipts. After Customer provides thirty (30) days' written notice, Customer may send a representative to a Motorola facility during normal business hours to conduct such limited review, or at Customer's request Motorola will provide copies of the specific documents to Customer's location for its review. Motorola books and records provided to Customer pursuant to this provision shall not be used, duplicated, or disclosed to any other third party without the express written permission of Motorola. In no circumstances will Motorola be required to create or maintain documents not kept in the ordinary course of Motorola's business operations, nor will Motorola be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietary to Motorola. Motorola Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the title page Motorola, Inc., 789 International Parkway Sunrise, FL 33325, Phone: 305-205-8444 City of Miami, Florida Mobile Communications System IFB No. 28069 — Required Documents July 5, 2007 1-5 16 1.40 City of Miami Living Wage Ordinance Comply with Clarification Motorola reserves the right to use subcontractors in performance of the contract, and Motorola's prices are predicated on the use of its choice subcontractors without advance notice and approval of Customer: If any additional or different subcontractors are required or requested by Customer, or if the Customer rejects the use of a particular subcontractor, such rejection must be submitted in writing and be based on just and reasonable cause. Any resultant change in contract price or schedule will be mutually agreed upon. However, Motorola will not disclose any information, including but not limited to cost data, which it considers confidential or proprietary to Motorola. 18 1.44 Indemnification Comply with Clarification ' ... resulting from bodily injury, loss of life, or direct damage to tangible property." 21 1.65 Price Adjustments Comply with Clarification Motorola builds personal communication systems that do not fit within a standard conventional pricing framework. Due to the unique pricing and personal design specifications for each communication system, Motorola cannot guarantee that the pricing offered in this proposal is no higher or lower than prices offered to other customers. 22 1.73 Quality of Goods, Materials, Supplies, Products, and Equipment Comply with Clarification Motorola will provide only new equipment to the. Customer. In accordance with established commercial practice, any components, parts, or assemblies internal to the equipment are either new or refurbished in accordance with Motorola's high quality standards and will perform like new, are warranted as new, and are not of an age or condition as to impair their performance, usefulness, and safety. 22 1.74 Quality of Work/Services Comply with Clarification Motorola will provide only new equipment to the Customer. In accordance with established commercial practice, any components, parts, or assemblies internal to the equipment are either new or refurbished in accordance with Motorola's high quality standards and will perform like new, are warranted as new, and are not of an age or condition as to impair their performance, usefulness, and safety. 24 1,79 Selling, Transferring or Assigning Responsibilities Comply with Clarification Motorola may assign responsibilities to its affiliates without Customer's consent. 26 1.87 Title Exception Title to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. 29 2.14 Liquidated Damages Exception Motorola standard practices take exception to liquidated damages; however, Motorola would be willing to negotiate mutually acceptable liquidated damages with a cap should we receive the award. City of Miami, Florida Mobile Communications System IFB No, 28069 — Required Documents July 5, 2007 Motorola Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the title page Motorola, Inc., 789 International Parkway Sunrise, FL 33325, Phone: 305-205-8444 1-6 We (I) certify that any and all information contained in this submission is true; and we (1) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the subrnitter. Please print the following and sign your name: SUPPLIER NAME: MOTOROLA INC ADDRESS: 1700 BELLE MEADE, LAWRENCEVILLE, GA 30043 PHONE: 770-338-3107 FAX: EMAIL: CDTD32@motorola.com BEEPER: SIGNED BY: Marshall Wright r /44i'/ TITLE: Motorola, MSSI Vice President DATE: July 2, 207 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS BID.