HomeMy WebLinkAboutA - 25-14-ITB - Fire Extinguisher Inspection, Maintenance & Replacement
INVITATION TO BID
25-14-ITB
FIRE EXTINGUISHER INSPECTION, MAINTENANCE & REPLACEMENT
Contact Person
Jessica Graham, CPPB
Procurement/Contracts Manager
Phone: (772) 388 – 8231
Email: jessgraham@cityofsebastian.org
*Dates in this schedule occurring after the release date may be amended by the City.
The City reserves the right to delay or modify dates and will notify Proposers of all changes.
PROPOSED SCHEDULE
EVENT DATE TIME
RELEASE DATE: Thursday, March 27, 2025 -
PRE-BID MEETING Tuesday, April 8, 2025 10:00 AM Local Time
QUESTIONS DUE DEADLINE Tuesday, April 15, 2025 2:00 PM Local Time
BID DUE DATE Thursday, April 24, 2025 2:00 PM Local Time
RECOMMENDATION OF
AWARD Wednesday, May 14, 2025 6:00 PM Local Time
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SECTION 1 – INSTRUCTIONS TO BIDDERS
1.1 PURPOSE
1.1.1 The City of Sebastian requires the services of a licensed Company to
perform inspection and maintenance services on fire extinguishers.
1.1.2 All solicitations are posted on VendorLink (https://www.myvendorlink.com/).
It is the sole responsibility of interested parties to monitor VendorLink for
solicitation opportunities and updates.
1.2 PRE-BID MEETING
A mandatory pre-bid meeting will be held on Tuesday, April 8, 2025, at 10:00 AM
local time at the City of Sebastian City Hall, 1225 Main Street, Sebastian, FL
32958. A site visit will be held immediately after the pre-proposal meeting.
1.3 QUESTION DEADLINE
1.3.1 The deadline to submit questions will be Tuesday, April 15, 2025, at 2:00
PM local time. Any questions or communication regarding this solicitation
must be emailed to the City’s Procurement/Contracts Manager at
jessgraham@cityofsebastian.org.
1.3.2 The Bidder is responsible for checking for addenda associated with this
solicitation.
1.4 ELECTRONIC BID SUBMITTAL
1.4.1 All proposals must be submitted via VendorLink electronically
https://www.myvendorlink.com/.
1.4.2 Proposals are due on the date and time indicated on the cover page or as
amended by an addendum issued by procurement.
1.4.3 The Contractor is responsible for ensuring their response is submitted
through VendorLink by the time and date specified in the solici tation or
subsequent addenda. The City shall not be responsible for delays caused
by any occurrence.
1.5 BID OPENING
1.5.1 All sealed bids are due by Thursday, April 24, 2025, by 2:00 P.M. local
time.
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1.5.2 The bid opening will be held virtually. Proposals will be opened at 2:10 p.m.
local time. Only the NAME of the company that submitted a response to this
Invitation to Bid will be read aloud.
1.5.3 Meeting Information:
https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423
dbabea4df
Meeting ID: 136259113
Password: JhzXZgfvah
Or dial:
+1 (650) 419-1505 United States (San Mateo, CA)
Access Code / Meeting ID: 136259113
Dial-in password: 5499943824
1.5.4 All bids submitted to the city become public records unless exempt under
Florida or other law.
1.5.5 Late bids will not be opened or announced. Bidders can pick up or pay
for the mailed return of their late, unopened bid. If this option is not
exercised within five (5) days of the Bid Opening date, the late, unopened
bid will be disposed
1.5.6 At its sole discretion, the City may reject any and all b ids or accept any bid
or portion thereof deemed to be whatever is in its best interest and to waive
any non-substantial irregularities.
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TABLE OF CONTENTS
SECTION 1 – INSTRUCTIONS TO BIDDERS 2
TABLE OF CONTENTS 4
SECTION 2 – SCOPE OF WORK 5
SECTION 3 – SPECIAL CONDITIONS 12
SECTION 4 – GENERAL TERMS AND CONDITIONS 16
SECTION 5 – REQUIRED FORMS 35
• CONTACT INFORMATION SHEET 36
• CORPORATE RESOLUTION 37
• STATEMENT OF BIDDER’S QUALIFICATIONS 38
• NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 39
• DRUG-FREE WORKPLACE PROGRAM 40
• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 41
• CERTIFICATION REGARDING LOBBYING 42
• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 43
• CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF
CONCERN PROHIBITED AFFIDAVIT 44
• REFERENCE LIST 45
• SUBCONTRACTOR LIST 46
• ADDENDA ACKNOWLEDGEMENT 47
• LOCAL VENDOR PREFERENCE AFFIDAVIT 48
SECTION 6 – BID PRICE FORM INSTRUCTIONS 49
EXHIBIT A – ELECTRONIC PRICE SHEET
EXHIBIT B – FIRE EXTINGUISHER INSPECTION REPORTS
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SECTION 2 – SCOPE OF WORK
2.1 SCOPE OF WORK
2.1.1 Project Summary: The Contractor will be required to perform the following
services for the City of Sebastian:
A. Fire extinguishers furnished shall meet the following minimum
requirements:
a) 2.5 lb. ABC fire extinguishers will be rated 2A:1OB:C.
b) 5 lb. ABC fire extinguishers will be rated 2A:1OB:C.
c) 5 lb. Halon fire extinguisher will be rated 5-B:C
d) 10 lb. ABC fire extinguishers will be rated 4A:80B:C.
e) 10 lb. CO2 fire extinguisher will be rated 10-B:C
f) 20 lb. ABC fire extinguishers will be rated 10A:120B:C.
g) 20 lb. BC fire extinguisher will be rated 80-B:C
h) 20 lb. Purple K fire extinguisher will be rated 120B:C
i) 50 lb. ABC fire extinguisher will be rated 20A:160B: C
j) 50 lb. Purple K Wheeled fire extinguisher will be rated 160B:C
B. During annual inspections, the Contractor shall write all hydrostatic
test dates on the top right side of the card (just over the extinguisher's
serial numbers).
C. Contractor shall verify the serial numbers of each extinguisher.
D. Contractor shall furnish the city with a schedule and inform the City
of the date and time inspections will occur.
E. Contractor shall perform testing and recharging extinguishers on
site, except for hydrostatic testing.
F. Contractor shall have a hydrostatic testing facility.
G. If, during an inspection, the Contractor identifies a need for an
extinguisher replacement, the Contractor shall notify the project
manager before replacing the extinguisher
H. Contractor shall inventory existing fire extinguishers and furnish a
copy to the City Project Manager.
I. Contractor shall supply stick-on, weather-resistant labels for fire
extinguishers.
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J. Contractor shall update the inventory list as changes are made and
notify the City Project Manager in writing.
2.1.2 Working Hours: This project's normal/standard working hours are 8:00 AM
– 4:30 PM Monday through Friday, excluding holidays. The contractor shall
provide 48-hour advance notice to the City Project Manager for work outside
regular shift hours. The city may decline the request.
2.2 INSPECTION SCHEDULE
2.2.1 The 2024 fire inspections were completed on June 25, 2024.
2.2.2 The Annual Fire Extinguisher inspections must be completed each year in
June.
2.3 REPORTS
2.3.1 The Contractor shall provide reports of all work in progress. Reports shall
be submitted no later than five (5) days after the inspections. Reports must
be provided to the City of Sebastian Project Manager before payment for
such work.
2.4 CONTRACTOR EMPLOYEES AND EQUIPMENT
2.4.1 The Contractor must utilize competent employees in performing the work.
Employees performing the work must be properly licensed or qualified as
required by the scope/project.
2.4.2 The Contractor shall provide an assigned Pr oject Manager, who will be the
primary point of contact. The contractor must provide the city project
manager with a valid telephone number and address at all times. The
telephone must be answered during normal working hours, or voicemail
must be available to take a message.
2.4.3 At the city's request, the Contractor must replace any incompetent,
unfaithful, abusive, or disorderly person in their employment. The City and
the Contractor must each promptly notify the other of any complaints
received.
2.4.4 The contractor's employees must wear suitable work clothes and personal
protective equipment as defined by OSHA. Employees shall be clean and
in as good an appearance as the job conditions permit.
2.4.5 Contractor will operate as an independent contractor and not as a n agent,
representative, partner, or employee of the City of Ocala, and shall control
their operations at the work site, and be solely responsible for the acts or
omissions of their employees.
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2.4.6 No smoking is allowed on City property or projects.
2.4.7 Contractor must possess/obtain all required equipment to perform the work.
A list of equipment shall be provided to the City upon request.
2.4.8 All company trucks must have a visible company name/logo on the outside
of the vehicle.
2.5 CITY OF SEBASTIAN RESPONSIBILITIES
2.5.1 The City of Sebastian will furnish the following services/data to the
Contractor for the performance of services:
A. Access to City buildings and facilities to perform the work.
B. The City reserves the right to purchase any materials for the
Contractor. The Contractor shall not charge a mark -up fee for
material furnished by the City.
2.5.2 The City reserves the right to purchase any materials for the Contractor to
use. The Contractor shall not charge a mark-up fee for material furnished
by the City.
2.6 CONTRACTOR’S RESPONSIBILITIES
2.6.1 The Contractor shall complete all work performed under this solicitation
following policies and procedures of the City of Sebastian and all applicable
State and Federal laws, policies, procedures, and guidelines.
2.6.2 The Contractor shall obtain and pay for any licenses, additional equipment,
dumping and/or disposal fees, etc., required to fulfill this contract.
2.6.3 Installation shall comply with all requirements and instructions of applicable
manufacturers.
2.6.4 Contractor is responsible for any damages including but not limited to
buildings, curbing, pavement, landscaping, or irrigation systems caused by
their activity. Should any public or private property be damaged or
destroyed, the Contractor at their expense, shall repair or make restoration
as acceptable to the City of destroyed or damaged property no later than
one (1) month from the date damage occurred.
2.6.5 Data collected by the Contractor shall be in a format compatible with or
easily converted to City’s databases. A sequential naming convention
should be applied to the files and documentation provided to the City.
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2.6.6 The Contractor shall ensure that all documents prepared under this contract
have been prepared on a Windows-based operating system computer using
the most current version of Microsoft Office, which includes: Word, Excel,
or any other software as specified and approved by City staff.
2.7 SUB-CONTRACTORS
Services assigned to sub-contractors must be approved in advance by the City
Project Manager.
2.8 SAFETY
2.8.1 The Contractor shall be fully responsible for the provision of adequate and
proper safety precautions meeting all OSHA, local, state, and national
codes concerning safety provisions for their employees, sub -contractors, all
building and site occupants, staff, public, and all persons in or around the
work area.
2.8.2 In no event shall the City be responsible for any damages to any of the
Contractor's equipment, materials, property, or clothing lost, damaged,
destroyed, or stolen.
2.8.3 Before completion, storage and adequate protection of all material and
equipment will be the Contractor’s responsibility.
2.9 WARRANTY
2.9.1 The contractor will provide a one-year material and labor warranty from the
date of completion against operational failure caused by defective material
or workmanship that occurs during normal use.
2.9.2 All manufacturer warranty documentation and owner/oper ator manuals
must be provided before the final payment request.
2.10 INSPECTION
2.10.1 The Contractor must notify the requesting department upon completion of
the work to allow for timely inspections for compliance with the requirements
of this specification and as a condition of payment.
2.10.2 The Contractor must submit completion photos to the requesting
department.
2.11 INVOICING
2.11.1 All original invoices will be sent to Jim Testa, Facilities Forman,
Jtesta@cityofsebastian.org.
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2.11.2 Contractor will invoice at least once a month.
2.12 CONTRACTOR MINIMUM QUALIFICATIONS
2.12.1 Bidder must possess three (3) years of experience in providing inspection
and maintenance services for portable fire extinguishers.
2.12.2 Bidder must be a licensed Fire Extinguisher Technician in the State of
Florida to submit a bid for this project.
2.12.3 Vendor must have been in business under the same FEIN number for past
three (3) years. Evidence should be submitted with the bid submittal
2.12.4 If the bidder’s business is located in Sebastian, FL, or Indian River County,
they must provide a copy of their business tax receipt.
2.12.5 Bidders that do not meet the minimum requirements listed herein as
determined by the City, at its sole discretion, will be deemed non -responsive
and not considered for award. All decisions made by the City are final.
2.12.6 No contract will be awarded to any proposer who, as determined by the
CITY, has an unsatisfactory performance record, inadequate experience,
lack of organization, labor, and equipment to perform the required services,
and is in arrears to the CITY on a debt or contract or is a defaulter on surety
to the CITY or whether the proposer’s taxes or assessments are delinquent.
The City has the right to disqualify any proposer who d oes not meet any or
all qualifications necessary as determined by the City.
2.13 INSURANCE
2.13.1 The City of Sebastian is to be specifically included as an additional insured
on all insurance certificates (except Worker's Compensation). Waiver of
Subrogation is required for Commercial General Liability and Automobile
Liability. A renewal certificate shall be issued thirty (30) days before said
expiration date. The certificate shall provide a thirty (30) day notification
clause in the event of cancellation or modification to the policy.
2.13.2 Before starting and until acceptance of the work by the City, Awarded
Contractor shall, as a minimum mandatory condition precedent to this work,
procure and maintain insurance of the types and to the limits specified
below, at their own expense and without cost to the City, until final
acceptance by the City of all products or services covered by the purchase
order or contract.
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2.13.3 The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
2.13.4 Minimum coverage with limits and provisions are as follows:
A. Commercial General Liability: The contractor shall provide
Commercial General Liability insurance. This shall include
premises/operations, personal & advertising injury, products,
completed operations, contractual liability, specifically confirming
and ensuring the indemnification and hold harmless clause of the
contract. This insurance policy shall be considered primary to and
not contributing to any insurance the City maintains. It shall name t he
City as an additional insured with a waiver of subrogation noted on
the Certificate of Liability. The policy of insurance shall be written on
an “occurrence” form.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
a) Per Occurrence: $1,000,000
• General Aggregate: $2,000,000
B. Business Automobile: The contractor shall provide Business
Coverage Automobile Insurance, which shall protect the contractor
from claims for damage for personal injury, bodily injury including
accidental death, as well as claims for property damages which may
arise from operations under this contract whether such operations
are by himself or by anyone directly or indirectly employed by him.
Coverage shall include owned, non-owned, hired and rented
vehicles.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
a) Bodily Injury and Property Damage:
• Combined Single Limit (each Accident): $1,000,000.00
C. Workers' Compensation: The contractor shall provide and maintain
workers’ compensation insurance for all employees in the full amount
required by statute and full compliance with the applicable laws of
the State of Florida (Florida Statutes Chapter 440). Exemption
certificates to this requirement are not acceptable.
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The Contractor shall obtain insurance which shall at least meet the
following minimum limits:
a) State Worker’s Compensation: Statutory
b) Employer’s Liability: $1,000,000.00 Each Accident
$1,000,000.00 Disease, Policy Limit
$1,000,000.00 Disease, Each Employee
D. Umbrella/ Excess Liability: The contractor shall provide
umbrella/excess coverage with limits of no less than $1,000,000.00
excess of Commercial General Liability, Automobile Liability and
Employers Liability. *This coverage is optional if the contractor has
$2,000,000 General Aggregate under the Commercial General
Liability Policy. **
2.13.5 An endorsement to the Commercial General Liability or Automobile Liability
policy, covering Contractor’s or subcontractor’s liability for bodily injury,
property damage and environmental damage resulting from sudde n
accidental and gradual pollution and related clean -up cost incurred by the
Contractor that arise from the Goods delivered or Services (including
transportation risk) performed by Contractor under this Contract is also
acceptable.
2.13.6 The Contractor shall declare any self-insured retention or deductible
amount over $5,000 for any policy. The City reserves the right to reject any
self-insured retention or deductible over $5,000.
2.13.7 All insurance carriers shall be rated (A) or better by the most recently
published A.M. Best Rating Guide. Unless otherwise specified, it shall be
the responsibility of the contractor to ensure that all subcontractors comply
with the insurance requirements set forth in this Agreement. The City may
request a copy of the insurance policy according to the nature of the project.
City reserves the right to accept or reject the insurance carrier.
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SECTION 3 - SPECIAL CONDITIONS
3.1 AWARD
3.1.1. Award shall be made to the lowest, responsive, responsible contractor(s).
The City reserves the right to make multiple awards in its best interest. The
City reserves the right to reject any and/or all bids and to waive any minor
irregularity or technicality. Payment discounts will not be considered for bid
evaluation purposes.
3.1.2. At its sole discretion, the City reserves the right to reject all bids, waive all
formalities, and disregard all nonconforming, non -responsive, or incomplete
bids. The City expressly reserves the absolute right to determine the
seriousness of any proposer’s failure to precisely conform to the
requirements of the proposal document. Bidders cannot utilize the City’s
determination of the severity of any specific non-conformance as a basis to
protest the award of any bid. Bids may be considered subject to rejection if,
in the sole opinion of the City, there is a serious omission, unauthorized
alteration of form, an unauthorized alternate bid, incomplete or unbalanced
unit price, or irregularities of any kind. The City may reject, as non-
responsive, any or all bids where the bidder fails to acknowledge receipt of
Addenda as prescribed.
3.2 LENGTH OF CONTRACT AND RENEWAL
This ITB will result in an agreement with a two (2) year initial term. The contract
may be renewed for one additional two-year renewal term. The City seeks a
Contractor that will provide timely completion and adhere to the agreed-upon
schedule.
3.3 CITY OF SEBASTIAN LOCAL PREFERENCE
Effective October 14, 2009, the City of Sebastian adopted a local vendor
preference. Please see City Code Sec. 2-11. Local Vendor Preference Policy for
more information.
3.4 PROJECT COORDINATION
3.4.1. A City project manager will oversee all assigned work to ensure adherence
to schedules and service quality throughout the project’s progress and
submittal of final payment. The project manager will periodically inspect the
work being performed to ensure compliance with the requirements of the
agreement. If the requirements are not satisfactorily being met, the City
shall require the contractor to correct any discrepancies, inconsistencies, or
faults immediately at no additional cost to the City. The contrac tor shall
understand and agree to the following:
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A. Contractor shall be solely responsible and assume all liability for the
supervision, direction of all work, and for all means, methods,
techniques, sequences, procedures, and coordination for all
services under the agreement; contractor shall ensure enough
personnel, materials, supplies, means of transportation, tools and
equipment are made available to perform the services; and
B. Contractor shall at all times provide a responsible, knowledgeable,
English speaking worksite supervisor or representative, who has
decision making authority; and
C. Contractor shall be solely responsible to the City for the acts and
omissions of their subcontractors, agents, employees, and any other
persons performing any service under this agreement; and
D. The practices methods and materials utilized in the work within or
adjacent to any structure must conform to any applicable local, state
and federal regulations and codes.
3.5 SITE INSPECTION AND DUE DILIGENCE
Bidders are obligated to carefully examine the project specification, as well as
exercising due diligence regarding any and all current and pre-existing conditions
at the project site. Prior to submitting their bid, the b idder shall be responsible for
visiting the project site and becoming familiar with any conditions which may affect
the work to be performed. Prior to the commencement of work, the contractor shall
submit photographs and/or video recordings to the project manager to document
any and all such pre-existing damage to the roadways, driveways, approaches, tree
trucks or limbs, landscaping, sod, facilities, utilities, walls and ancillary
improvements located at the project site and/or any surrounding areas to be
accessed and/or utilized by the contractor. Any damage to public and/or private
property resulting either directly or indirectly from the execution of the project by the
contractor shall be repaired or replaced at the sole expense of the contractor in a
manner acceptable to the City. Failure to properly document such pre -existing
conditions and to submit said documentation as required, may render the contractor
liable to repair any such damage at no expense to the City. No additional
allowances shall be made due to the bidder’s lack of knowledge of the project
requirements and site conditions.
3.6 ROUTINE CALLS
Routine calls shall be handled from 7:30 a.m. to 4:30 p.m. Monday through Friday,
excluding holidays. The Contractor shall provide an on -site response to service
requests within twenty-four (24) hours of the request and shall respond to the
project manager or designated representative inquiries within twenty -four (24)
hours of the initial contact. Any deviation from this schedule requires pre -approval
from the project manager.
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3.7 STOP WORK ORDER
The City may at any time by written notice to the contractor stop all or any part of
the work for this bid award. Upon receiving such notice, the contractor will take all
reasonable steps to minimize additional costs during the period of work stoppage.
The City may subsequently either cancel the stop work order resulting in an
equitable adjustment in the delivery schedule and/or the price or terminate the work
in accordance with the provisions of the bid terms and co nditions.
3.8 QUANTITIES
Any quantities identified in this bid are estimates only and in no way obligate the
City to purchase these amounts. The City reserves the right to re-negotiate prices
if, at any time during the term of the agreement, the City purcha ses more than the
estimated quantities in this bid.
3.9 PROTECTION OF PERSONS AND PROPERTY
While performing services for the City of Sebastian, the awarded contractor shall
be responsible for any damage to the City of Sebastian property, personal property
or visitor property due to any type of negligence on the part of the awarded
contractor, their employees or other agents. The contractor must show reasonable
attempt to avoid damage to City or private property under all conditions. The
awarded contractor agrees to repair or replace, at its own expense, any damage
that was caused by the awarded contractor, their employees or their agents. The
contractor must not drive or park equipment on grass, sidewalks, or patios, etc. If
concerns are raised about excessively wet conditions on grassy areas, the
contractor must contact the project manager for recommendations or workarounds
prior to commencing the work. Any damages, including damage to finished surfaces
and spilled liquids, resulting from the performance of th e Agreement shall be
repaired and/or cleaned to the satisfaction of the project manager. Any public or
private property damaged by the contractor or a representative during the services
shall be repaired or replaced to the satisfaction of the project manager at no cost to
the City. The project shall not be considered complete until incurred damages, if
any, have been repaired and the worksite is cleaned to the satisfaction of the project
manager.
3.10 REMOVAL OF DEBRIS
Contractor shall at all times, during the performance of services, keep the worksite
free and clear of all rubbish and debris. Any material or waste generated by
contractor or its employees, agents and Subcontractors shall be removed and
disposed of by the contractor at its expense, to the satisfaction of the City. The
contractor assumes all liability for accidents that may occur due to any debris,
equipment, tools, and worksite hazards.
3.11 WARRANTY
The contractor shall warrant and guarantee all goods, labor and services for a
period of no less than one (1) year from the date of acceptance and shall replace
or repair all defects in material or workmanship during the warranty period. The
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contractor shall bear all labor, product replacement, mobilization, and transportation
costs for warranted goods and services. Labor shall be warranted for no less than
one (1) year from the acceptance date and all rework shall be at no cost to the City
of Sebastian. A “No Charge” invoice shall be submitted on all warranty repairs
detailing the replaced goods including dimensions and quantity. The contractor
shall respond to all warranty requests within twenty -four (24) hours of notification.
Repeated failure to meet the established and repair timeframes will be considered
unsatisfactory under the terms of this agreement. Excessive instances of
unsatisfactory service shall be cause for default. Warranty repairs must be
accomplished within the service response time of twenty -four (24) hours and shall
be fully completed to the satisfaction of the project manager and City within seven
(7) working days.
3.12 OWNERSHIP OF THE WORK
3.12.1. The contractor is solely responsible for all work, until final completion of the
work. Contractor shall be liable for all damage, theft, maintenance, and
safety until such time as the City of Sebastian issues a notice of final
completion of the work. Upon completion of each job, the contractor shall
submit the following information, as applicable:
A. Final invoice with documentation.
B. The Contract Completion Form
C. Acceptance from City of Sebastian Building department
D. Warranty information to include effective dates, contact information,
and details on the scope of coverage.
E. Cut sheets and Operations and Maintenance manuals for any
installed equipment.
F. As-Built Drawings
G. Contractor internal work orders / employee timesheets upon request
H. Certified payroll, upon request
I. Any other documents as requested by the City
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SECTION 4 – GENERAL TERMS AND CONDITION
4.1 DEFINITIONS
4.1.1. Invitation to Bid (“ITB”): This solicitation document, including any addenda.
4.1.2. Bid: Submission in response to this ITB.
4.1.3. Bidder: Contractor submitting a response to this ITB, “pre-award.”
4.1.4. City: Refers to the City of Sebastian.
4.1.5. Contract or Agreement: Invitation to Bid, all addenda issued to it, all
affidavits, the signed agreement, and all related documents comprising the
totality of the agreement between the City and the Contractor.
4.1.6. Contractor: The selected bidder is awarded a contract to provide the goods
or services to the City.
4.1.7. Days: Refers to calendar days unless otherwise stated.
4.1.8. Responsible Bidder: Bidder that has the integrity, reliability, and capability
in all respects to fulfill the contract requirement as stated in the RFP.
4.1.9. Responsive Bidder: Bidder whose proposal fully conforms in all material
respects to the RFP and its entire requirement, i ncluding form and
substance.
4.1.10. Shall, Must, and Will: Interpreted as mandatory language.
4.2 NOTICE
Whenever either Party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the
place for giving of notice in compliance with the provisions of this paragraph. For
the present, the Contractor designates the address set forth on the first page of this
bid document as its place for receiving notice, and the City designates the following
address for such notice:
City of Sebastian
Attention: Procurement/Contracts Manager
1225 Main Street, Sebastian, FL 32958
Telephone: 772-388-8231
Email: jessgraham@cityofsebastian.org.
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4.3 EXTENSION
In addition to any renewal options contained herein, the City has the right to extend
any award resulting from this bid for the period necessary to release, award, and
implement a replacement agreement for the commodities or contractual services
provided in this bid. Such extension shall be based on the same prices, terms, and
conditions this bid outlines.
4.4 CANCELLATION
The City reserves the right to cancel this Invitation to bid, in whole or part, when it
is in the City’s best interest. Notice of Cancellation will be posted on VendorLink.
4.5 BID GUARANTEE
The bidder shall warrant that the unit prices, terms, and conditions quoted in the bid
shall be for not less than ninety (90) days from the solicitation opening date. Such
unit prices, terms, and conditions shall remain in effect for the contract period.
4.6 BID SUBMISSION
4.6.1. All bids must be submitted via VendorLink electronically
https://www.myvendorlink.com/.
4.6.2. Bids are due on the date and time indicated on the cover page or as
amended by an addendum issued by procurement.
4.6.3. The Contractor is responsible for ensuring their response is submitted
through VendorLink by the time and date specified in the solicitatio n or
subsequent addenda. The City shall not be responsible for delays caused
by any occurrence.
4.6.4. Electronic submissions may require the uploading of attachments. All
documents should be attached as separate files. Attachments containing
embedded documents or proprietary file extensions are prohibited. The
bidder is responsible for ensuring that its proposal, including all
attachments, is uploaded successfully.
4.6.5. Bids sent by mail, facsimile, electronic mail, telephone, or any other
means not specified herein will not be accepted.
4.6.6. Late bids cannot be submitted and will not be accepted. Bidders are
cautioned to allow sufficient time to submit bids and upload attachments.
Any technical issues must be submitted to VendorLink by emailing
support@evendorlink.com. The City cannot assist with technical issues
regarding submittals and will not be responsible for delays ca used by
technical or other issues.
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4.7 EXECUTION OF BID SUBMITTAL
Each bid submittal must include the signature of an officer or employee with the
authority to bind the contractor in the space(s) provided. Only the terms and
conditions of this bid, as released by the City or amended via addendum, are valid.
Any modification to any term or condition by the contractor is not binding unless it
is expressly agreed to in writing by the City in advance.
4.8 INTERPRETATION OF BID DOCUMENTS
No interpretation of the meaning of this bid document or correction of any ambiguity,
inconsistency, or error therein will be made verbally to any party. All requests for an
interpretation or clarification of this bid and any subsequent addenda or correction
of any apparent ambiguity, inconsistency, or error will be addressed in writing by
the City’s procurement manager. Inquiries must reference the bid opening date,
title, and number. Interpretation of the bid, clarification of bid specifications, and
changes to the bid shall be communicated by written addenda only. Only the written
interpretation or correction given by the procurement manager shall be binding.
Verbal responses shall be considered inadmissible in bid protest proceedings.
Bidders are advised that no other source is au thorized to interpret, explain, clarify,
or give information regarding the bid documents. Written addenda shall be signed
by the bidder and returned with the bid submission. Failure to return such addenda
may cause rejection of a bid submittal.
4.9 PUBLIC RECORDS
4.9.1. Section 119.01 Florida Statutes, et. seq., the Florida Public Records Law,
provides that municipal records shall always be open for personal
inspection by any person. Information and materials received by the City in
connection with all bidders’ responses shall be deemed public records
subject to public inspection upon award, recommendation for award, or
thirty (30) days after the bid opening, whichever occurs first. However,
certain exemptions to the public records law are statutorily provi ded for in
Section 119.07, F.S. Therefore, if the bidder believes any of the information
contained in his or her response is exempt from the Public Records Law,
the bidder must, in his or her response specifically identify the material
which is deemed to be exempt and cite the legal authority for the exemption,
otherwise, the City will treat all materials received as public records.
4.9.2. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
TO THE CONTRACTOR'S DUTY TO PROV IDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT
JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC
RECORDS AT 772-388-8215 OR EMAIL
JWILLIAMS@CITYOFSEBASTIAN.ORG. CITY OF
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SEBASTIAN, 1225 MAIN STREET, SEBA STIAN, FLORIDA
32958.
4.10 NON-COLLUSION
By submitting a bid, the bidder certifies that all information is truthful to the best of
their knowledge and belief. Bidder further certifies, under oath, that this bid is made
without colluded, conspired, contrived, or agreed, directly or indirectly, with any
other firm, person, or corporation responding to this solicitation for the same product
or service. The bidder further certifies that the bidder has not divulged, discussed,
or compared this bid with other bids and has not colluded with any other bidder or
parties to the bid. Any violation of this provision will result in the cancellation and
return of the bidder’s materials (as applicable) and the removal of the bid from the
list(s).
4.11 CONFLICT OF INTEREST
4.11.1. The resulting agreement is subject to the provisions of Chapter 112.313,
Florida Statutes. All bidders shall disclose within their bid to the City the
name of any officer, director, or agent who is also an employee of the City.
Furthermore, all bidders must disclose the name of any City employee who
owns, directly or indirectly, an interest of more than five percent (5%) in the
firm or any of its branches. Please submit to the City all information on any
potential conflict of interest related to the provision of the goods or services
requested in this Solicitation.
4.11.2. The term “conflict of interest” refers to situations in which financial or other
personal considerations may adversely affect, or adversely affect, an
employee’s professional judgment in exercising any City duty or
responsibility in administration, management, instruction, research, or other
professional activities.
4.11.3. Should the successful bidder permanently or temporarily hire any City
employee or Council member, who is, or has been, directly involved with
the bidder prior to or during performance of the resulting contract, the
Agreement shall be subject to immediate termination by the City.
4.12 PROTEST PROCEDURE
4.12.1. Following Chapter 120, Florida Statutes, any person who is adversely
affected by the terms, conditions, or specifications outlined in this bid or who
is adversely affected by a decision of the City concerning the solicitation
shall file a Notice of Intent to Protest, in writing within 72 hours after the
solicitation document is posted or after the notice of decision is posted,
respectively, excluding Saturdays, Sundays, and state holidays. A formal
written protest shall be filed no later than 10 days after the Notice of Intent
to Protest is filed, excluding Saturdays, Sundays, and state holidays. The
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formal written protest must be accompanied by a protest bond, cashier’s
check, or money order in the amount of one percent (1%) of the total
estimated contract value. The Notice of Intent to Protest and formal written
protest shall be filed at the following address: Procurement/Contracts
Manager, 1225 Main Street, Sebastian, FL 32958. The formal written
protest shall state, with particularity, the facts and law upon which the
protest is based. Failure to file a Notice of Intent to Protest, formal written
protest, or failure to post the bond, cashier’s check, or money order within
the time frames or in the manner described above shall constitute a waiver
of proceedings under Chapter 120, Florida Statutes.
A. Decision – If the protest is not resolved by mutual agreement, the
Procurement/Contracts Manager shall promptly investigate the basis
of the protest and, after consultation with the originating department,
the City Attorney, or any other person or entity deemed necessary,
the Procurement/Contracts Manager shall issue a decision in writing.
A copy of the decision shall be furnished immediately to the protestor
and any other party determined by the Procurement/Contracts
Manager to be directly affected by the decision. The decision shall:
a) State the decision and the basis for the decision, and b) Set forth
the protestor’s right to administrative review.
B. Administrative Review – If the protestor disagrees with the decision
of the Procurement/Contracts Manager, the protestor may appeal
the decision to the City Manager, provided the protestor shall submit
written notice of such appeal to the Procurement/Contracts Manager
within seven (7) calendar days of receipt of the decision t o award
Any appeal of the decision by the City Manager shall be heard by the
City Council or other appropriate administrative or legal body.
C. Stay of Procurement – In the event of a timely and properly filed
protest, the Procurement/Contracts Manager shall not proceed
further with the solicitation or award until all administrative remedies
have been exhausted or until the City Manager or City Council, as
appropriate, makes a determination on the record that the award of
a contract is necessary to protect substantial interests of the City.
4.13 NO-CONTACT PERIOD / LOBBYING
During the No Contact Period, no Lobbyist, Principal, Business Associate, Business
Entity, Vendor, or other people may lobby a Council Member, Mayor, City Manager,
any Procurement Official, or any City employees except any designated
Procurement Official or Officials who may be identified in the procurement
documents for purposes of receiving questions or clarifications or for receiving bid
protests. The No-Contact Period shall commence on the initial date of the
advertisement for this bid and continue through and include the date the City
Council makes its determination to approve or reject the final recommendations.
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Failure to meet any of these requirements may disqualify the bidder from
consideration.
4.14 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES
Contractors are required to be familiar with all federal, state, and local laws,
ordinances, rules, and regulations that may affect their work in any manner. Failure
on the part of the Contractor to be aware of any law, ordinance, rule or regulation
will in no way relieve him from any responsibility or liability arising from the contract
award. The Contractor assures and certifies that they will comply with all laws,
ordinances, rules, regulations, and all other legal requirements. The Contractor
shall abide by all OSHA, NFPA, and ADA regulations about the hazards associated
with the project, such as fall protection, lockout/tag -out, PPE, safety barricades,
portable fire suppression/extinguishers, job site first aid kits, and emergency
communication. Any fines levied due to inadequacies or failure to comply with all
requirements shall be the sole responsibility of the Contractor.
4.15 INDEPENDENT CONTRACTOR RELATIONSHIP
The contractor is and shall be, in the performance of all Services and activities
under this Agreement, an independent contractor and not an employee, agent, or
servant of the City. All persons engaged in any of the work or services performed
under this agreement shall, at all times and in all places, be subject to the
contractor’s sole direction, supervision, and control. The contractor shall exercise
control over the means and manner in which it and its employees perform the work,
and in all respects, the contractor’s relationship and the relationship of its
employees to the City shall be that of an independent contractor and not as
employees or agents of the City. The contractor does not have the power or
authority to bind the City in any promise, agreement, or representation. Nothing
contained herein shall be deemed to create an association, partnership, joint
venture, or relationship of principal and agent or master and servant among the
parties or any affiliate thereof or to provide any party hereto with the right, power,
or authority whether expressed or implied, to create any such duty or o bligation on
behalf of any other party. The City, in its absolute discretion, retains the right to
reject, bar, or require the replacement of any employee, subcontractor, or agent of
the contractor. Such rejection shall not relieve the contractor of the ob ligation to
perform all work in compliance with the bid.
4.16 CONTRACTOR’S REPRESENTATIVE
The contractor must provide a point of contact for the term of this RFP to include
the name, email address, office telephone, and cell phone numbers of the person(s)
to be contacted for the placement of an order, coordination of services, and to
address other issues. If the point of contact differs between regular work hours,
after-hours, weekends, and holidays, this must be provided. The contractor shall
ensure that all personnel assigned to work on this project on their behalf must be
dressed appropriately and clean at all times. Any person who is present on the job
site on behalf of the contractor must provide and display proper identification on
their clothing at all times. The contractor must also provide the procurement division
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with any updates to the primary point of contact. The City reserves the right to
require a change in the contractor’s point of contact at the City’s sole discretion.
4.17 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK
With the contractor's consent and agreement, other governmental agencies,
political subdivisions within the state of Florida, or any other public entity may make
purchases under this bid. Such purchases shall be governed by the same terms
and conditions stated herein. Further, it is understood that each agency will issue
its own purchase order to the contractor. This agreement in no way restricts or
interferes with the right of any other public agency to rebid any or all of these items.
4.18 RIGHT TO USE EXISTING CONTRACTS / NON-EXCLUSIVITY
The City reserves the right to utilize any other contract, including, but not limited to,
the following: any state of Florida contract, any contract awarded by any other city
or county governmental agencies, other school boards, other community
colleges/state university system, cooperative agreements, or to directly
negotiate/purchase per City policy. The City also reserves the right to bid separately
any item(s) and/or service(s) covered under this agreement, if deemed to be in the
best interest of the City, at any time during this agreement term.
4.19 PUBLIC ENTITY CRIMES
4.19.1. A "public entity crime," as defined in Paragraph 287.133 (1) (g), Florida
Statutes, means 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 or with an agency or political subdivision of any other state or with the
United States, involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
4.19.2. "Convicted" or "conviction," as defined in Paragraph 287.133 (1) (b), Florida
Statutes, means a finding of guilt 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 1,
1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or
nolo contendere.
A. “Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes,
means:
B. A predecessor or successor of a person or corporation convicted of
a public entity crime or
C. 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
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D. Those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the
management of an affiliate or
E. 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.
4.19.3. Bidder certifies that neither the entity proposing nor any of its officers,
directors, executives, partners, shareholders, employees, members, or
agents who are active in the management of the entity, nor any affiliate of
the entity have been charged with and convicted of a public entity crime
subsequent to July 1, 1989. Where the bidder is unable to certify all of the
statements above, the bidder shall attach an explanation to this bid.
4.20 BANKRUPTCY / INSOLVENCY
At the time of bid submission, the contractor shall not be in the process of or
engaged in any type of proceedings relating to insolvency or bankruptcy, e ither
voluntary or involuntary or receivership proceedings. If the contractor is awarded a
contract for six (6) months or longer and files for bankruptcy, insolvency, or
receivership thereafter, the City may, at its option, terminate and cancel the
agreement, in which event all rights hereunder shall immediately cease and
terminate.
4.21 TERMINATION FOR CAUSE OR CONVENIENCE
The agreement resulting from this ITB can be terminated immediately for cause if
a contractor is found to have failed to perform services in a manner satisfactory to
the City, or the City may terminate without cause upon thirty (30) days’ written notice
to the bidder. In the event of either termination, the contractor shall be compensated
for all services performed to the City’s satisfaction. The City shall be the sole judge
of non-performance.
4.22 RIGHT TO REJECT
4.22.1. The City reserves the right to reject any or all bid(s), to waive minor
irregularities, and/or to accept the bid(s), which in its sole judgment best
serves the interest of the City.
4.22.2. More than one bid from an individual, bidder , or association under the same
or different names will not be considered.
4.23 INVOICING
4.23.1. Payments shall be made in accordance with Section 218, Part VII of the
Florida Statutes. Unless otherwise noted, invoices shall be mailed directly
to The City of Sebastian, Accounts Payable, 1225 Main Street, Sebastian,
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FL 32958. The Contractor shall provide fully documented invoices, which
indicates the basic information listed below.
A. Name of the business organization as specified on the Contract
between City and Contractor
B. Date of invoice
C. Contractor’s invoice number
D. Contractor’s federal identification number on file with the state
E. City purchase order number and bid number
F. Unit price of the goods, services, or property provided
G. Extended total price of the goods, services, or property
H. Applicable discounts
I. Description of provided goods or services
J. Quantity of provided goods or services
K. Date(s) of delivery of provided goods or services
L. Location goods or services were delivered
4.23.2. Any invoice submitted as a result of the award of this bid shall be itemized
and match the items on the purchase order. “Lump sum” invoices shall not
be submitted and will not be accepted for multiple-line purchase orders. An
invoice can only reference one purchase order number. Invoices that do not
reference valid purchase order numbers will be returned to the contractor
for resolution of the discrepancies and resubmitted.
4.23.3. It shall be understood that invoices shall not be authorized for payment until
the work is inspected by the respective City representative and payment is
approved. The City will pay the contract price minus any liquidated
damages, back charges, and/or other damages to the contractor upon final
completion and acceptance. The City shall provide partial payments for
work completed by the contractor during various phases of the work
assignment in accordance with the unit pricing provided in their bid
submittal, subject to an agreement on whether or not to exceed the amount.
Failure to submit invoices in the prescribed manner will delay payment.
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4.24 AVAILABILITY OF FUNDS
The City's obligations under this agreement are subject to the availability of funds
lawfully appropriated for its purpose by the State of Florida and the City of Sebastian
City Council.
4.25 DIRECT PURCHASES
As a holder of a current Consumer’s Certificate of Exemption, the City reserves the
right to make direct purchases of any materials and/or equipment included in the
project to achieve sales tax savings. The City shall coordinate such purchases with
the Contractor. To the extent requested by the City, the Contractor will be
responsible for coordinating the delivery, safekeeping, protection, insuring (as to
those items that the Contractor will install), inspection, installation, and testing of
any materials purchased by the City, and for the management and administration
of any warranty claims pertaining to such materials and equipment. Furthermore,
furnished and installed materials directly purchased by the City will be deducted
from the Contractor’s Guaranteed Maximum Price (GMP). The contractor shall
provide a bid that includes all costs to complete the project.
4.26 PAYMENT
The City will only pay the dollar amounts authorized on the purchase order.
Payment will be made according to Chapter 218, F.S., Local Government Prompt
Payment Act, after the commodities or contractual services provided by the
contractor have been received, inspected, and found to comply with award
specifications, free of damage or defect, and correctly invoiced. Payment for partial
shipments shall only be made if specified in the purchase order. Follow these
instructions to ensure timely processing of invoices for payment. The purchase
order number must appear on invoices, bills of lading, packages, cases, delivery
lists, and correspondence.
4.27 PRICE ADJUSTMENTS
4.27.1. In the event of unforeseen circumstances that directly impact the
goods/services provided under this bid, the City of Sebastian will consider
a price adjustment request. Upon receipt of the Contractor’s written request
for a price adjustment, the City may allow an escalation equal to the
Southeaster Consumer Price Index as of May 1st of that current year, not to
exceed 3% of that current year’s annual contract price.
4.27.2. The Contractor shall submit the price request to the Procurement Division
thirty (30) calendar days before the requested effective increase date. The
City may approve a price increase at its sole discretion.
4.27.3. Any purchase order issued before the approval of the price increase will not
be modified.
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4.27.4. The contractor shall only be entitled to an automatic increase in labor rates
due to minimum wage increases if providing a request for adjustment at
least 30 days before the effective change.
4.28 CHANGE ORDERS
4.28.1. Without invalidating the contract documents, and without notice to the
surety, the City of Sebastian reserves the right to make increases,
decreases or other changes in the character or quantity of the work under
the bid and contract documents as may be co nsidered necessary or
desirable to complete the work in a manner satisfactory to the City of
Sebastian. The City reserves the right to order changes which may result in
additions to or reductions from the amount, type or value of the work shown
in the bid or contract documents, provided that they are within the general
scope of the bid documents or contract documents.
4.28.2. All changes will be authorized only by a written change order utilizing the
City’s standard form and approved in advance of the change by the
designated project manager of the City. The contractor is required to
provide the project manager with a detailed cost breakdown of material
costs, labor costs, labor rates by trade, and work classification and
overhead rates supporting the amount of the change, as well as an
explanation of the cost and any revision to the Project completion time. If
the contractor fails to notify the project manager of any schedule changes
associated with the proposed change, it will be deemed to be an
acknowledgement by contractor that the proposed work will not have any
scheduling consequences. Any net increase to the pricing must also be
approved and documented with a revised purchase order by City.
4.29 SUBCONTRACTORS AND SUPPLIERS
The bidder is required to identify any subcontractors or suppliers that will be used
in the performance of the proposed contract and to clearly identify in their
submission the names, portions, and percentages of work to be performed by their
subcontractors or suppliers. The contractor shall be solely responsible for all acts
and omissions of its subcontractors or suppliers. Nothing in the bid and contract
documents creates any contractual relationship between subcontractors or
suppliers and the City of Sebastian. The contractor shall be responsible for the
timely payment of its subcontractors and suppliers as required by Florida Statute
Chapter 218.735. Failure to comply with these payment requirements will place the
contractor in default of the contract.
4.30 ASSIGNMENT
The contractor shall not assign, transfer, convey, sublet, or otherwise dispose of
this agreement, or of any or all of its rights, title, or interest therein, or its power to
execute such agreement to any person , firm, or corporation without prior written
authorization by the City.
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4.31 SILENCE OF SPECIFICATIONS
Any omissions of detail in the specifications stated herein that would render the
commodities from use, as specified herein, will not relieve the contractor from
responsibility.
4.32 DISCRIMINATION
The bidder shall not practice or condone personnel or supplier discrimination of any
nature whatsoever, in any manner proscribed by federal or state of Florida laws and
regulations. The City of Sebastian will not knowingly do business with vendors,
bidders, or contractors who discriminate against those protected by state and
federal law. Through the course of providing services to the City, contractors shall
affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act
of 1964, the Civil Rights Restoration Act of 1987, and the Florida Civil Rights Act of
1992, as well as all other applicable regulations, guidelines , and standards. Any
person who believes their rights have been violated should re port such
discrimination to the City.
4.33 AUDIT AND INSPECTION
The City or its representative reserves the right to inspect or audit the contractor's
documents and records about the products and services delivered under this bid.
Such rights will be exercised with notice to the contractor to determine compliance
with and performance of the terms, conditions, and specifications on all matters,
rights, duties, and obligations this bid establishes. Documents or records in any
form shall be open to the city’s representative and may include but are not limited
to all correspondence, ordering, payment, inspection, and receiving records,
contracts, or sub-contracts that directly or indirectly pertain to the transactions
between the City and the contractor.
4.34 INDEMNIFICATION
The contractor and its Subcontractor(s) shall indemnify, defend, and hold harmless
the City and its officers and employees from all claims, demands, 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 contractor or its Sub-Contractor(s) and other persons employed or
utilized by the Contractor or its subcontractor(s) in the performance of the
agreement; regardless of the negligence of the indemnitee or its officers, directors,
agents, or employees. However, such indemnification shall not include claims of,
or damages resulting from, gross negligence or willful, wanton, or intentional
misconduct of the indemnitee or its officers, directors, agents, or employees. Upon
request of the City, the contractor or its subcontractor(s) shall, at no cost or expense
to the City, indemnify and hold the City harmless of any suit asserting a claim for
any loss, damage, or liability specified above and the contractor or its
subcontractor(s) shall pay any cost and reasonable attorneys’ fees that the City
may incur in connection with any such claim or suit or in enforcing the indemnity
granted above. Nothing in this agreement shall be construed as the City waiving its
sovereign immunity according to 768.28, et seq., Florida Statutes, or any other
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sovereign or governmental immunity. This provision shall survive the termination of
this bid.
4.35 CONTRACTS AND AMENDMENTS
The contents of this bid and all provisions of the contractor’s submittal shall be
considered an agreement and become legally binding. Any changes to the
provisions hereinafter awarded must be in writing and signed by both Parties.
4.36 SCRUTINIZED VENDOR CERTIFICATION
4.36.1. Bidder certifies under penalties of perjury, as of the date of this solicitation
to provide goods and/or services to the City, that it:
A. Does not participate in a boycott of Israel; and
B. Is not on the Scrutinized Companies that Boycott Israel List; and
C. Is not on the Scrutinized Companies with Activities in Sudan List; and
D. Is not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List; and
E. Has not engaged in business operations in Cuba or Syria.
4.36.2. Submitting a false certification shall be deemed a material breach of
contract. The City of Sebastian shall provide notice, in writing, to the bidder
of the City’s determination concerning the false certification. The contractor
shall have sixty-(60) days following the receipt of the notice to respond in
writing and demonstrate that the determination of false certification was
made in error. If the bidder determines, using credible information available
to the public, that a false certification has been submitted by bidder, t his
contract may be terminated and a civil penalty equal to the greater of $2
million or twice the amount of this contract shall be imposed, pursuant to
F.S. 287.135 Said certification must also be submitted at the time of
Contract renewal.
4.36.3. Section 287.135, Florida Statutes, generally prohibits state agencies and
departments, and local government entities from: 1) contracting with
companies for goods or services in any amount if at the time of proposing
on, proposing a bid for, or entering into or renewing a contract if the
company is on the Scrutinized Companies that Boycott Israel List, created
pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott
of Israel; and 2) contracting with companies, for goods or services over
$1,000,000.00 that are on either the Scrutinized Companies with activities
in the Sudan List or the Scrutinized Companies with Activities in the Iran
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Petroleum Energy Sector List, created pursuant to Section 215.473, Florida
Statute, or have been engaged in busine ss operations in Cuba or Syria.
4.36.4. As provided in F.S. 287.135, by entering into this contract or performing any
work in furtherance hereof, the bidder certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, h ave not been
placed on the Scrutinized Companies that Boycott Israel List; engaged in a
boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the
Scrutinized Companies With Activities in Sudan List or Scrutinized
Companies With Activities in The Iran Petroleum Energy Sector List created
pursuant to F.S. 215.473; or engaged in business operations in Cuba or
Syria.
4.37 LICENSING, CERTIFICATION, AND REGISTRATION
4.37.1. Contractors must show their current Business Tax Receipt, as well as any
licenses required by Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by
the US EPA. Contractors who are required to be registered with the Florida
Department of State, Division of Corporations or who are incorporated
within the state of Florida must furnish their F lorida document number and
a screenshot of their “active” status. All registered contractors must have an
active status to be eligible to do business with the City. Contractors doing
business under a fictitious name, on page 1, must submit their offer usin g
the company’s complete registered legal name; for example, ABC, Inc.
d/b/a XYZ Company. If the contractor is not located in Florida, the contractor
must provide their state’s document number and a screenshot of their
current, date-identified “active” status with their submittal.
4.37.2. All licenses shall be up to date. Contractors must provide their current
contractor’s license, prior to starting work. If the bidder is a State Certified
General Contractor, or a State Registered General Contractor the bidder
must be registered with the City of Sebastian.
4.38 TAXES
Although the City of Sebastian is exempt from federal and state sales and use
taxes, contractors or vendors doing business with the City are not exempted from
paying said taxes to their supplier for goods or services purchased to fulfill the
contractual obligations with the City, nor shall any contractor or vendor be
authorized to use the City’s Tax Exemption Number in securing such materials.
4.39 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL
If the Contractor considers any portion of the documents, data , or records submitted
in response to this Bid to be a confidential trade secret, or otherwise not subject to
disclosure under Chapter 119 Florida Statutes, the Florida Constitution or other
authority, the contractor must also simultaneously provide the Ci ty with a separate
redacted copy of its response. The redacted copy shall contain the City’s solicitation
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name, number, and the name of the Contractor on the cover, and shall be clearly
titled “Redacted Copy.” The contractor must also include next to each redaction the
statutory basis for the exemption. The contractor shall be responsible for defending
its determination that the redacted portions of its response are a confidential, trade
secret, or otherwise not subject to disclosure. Further, the contracto r shall protect,
defend and indemnify the City for any claims from or relating to the contractor’s
determination that the redacted portions of its response are confidential,
proprietary, trade secret, or otherwise not subject to disclosure. If the contract or
fails to submit a Redacted Copy with its response, the City is authorized to produce
the entire documents, data, or records submitted by the contractor in response to a
public records request for these records.
4.40 FAVORED NATION CLAUSE
Based on similar size and quantity, it is understood that the contractor is providing
the City the same or better pricing than other governmental agencies. If during the
term of this agreement, the City identifies better pricing for the same item, the
Contractor agrees to offer the City the reduced price.
4.41 LIQUIDATED DAMAGES
4.41.1. The contractor agrees to the use of liquidated damages in the event the
contractor fails to perform by the provisions herein. The Contractor hereby
agrees, as part consideration for awarding the Agreem ent, to pay the City
the sum of One-Hundred Dollars ($100.00), for each and every calendar
day that the Contractor shall be in default after the time stipulated in the
Agreement for completing the Work. The Contractor and City acknowledge
and agree that said sum is not a penalty but liquidated damages for breach
of contract
4.41.2. On the occasion where the contractor is in default of the Agreement, or any
material provision thereof, or fails to remedy any deficiency in performance,
the City may procure the necessary supplies or services from an alternative
source and hold the contractor financially responsible for any excess costs
incurred. The difference between the Bid price of the product or service and
the actual price paid may be deducted from any current or future obligations
owed to the contractor as liquidated damages.
4.42 FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performing any duty,
requirement, or obligation under this agreement that is due to any of the following
causes, to the extent beyond its reasonable control: fire, hurricane, earthquake,
explosion, wars, sabotage, accident, flood, acts of God, epidemic, pandemic,
quarantine, riots, civil commotion, acts of government authorities, changes in laws
or regulations strikes, or other labor disputes, or because of any other matter or
condition beyond the control of either party and which cannot be overcome by
reasonable diligence and without unusual expense.
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4.43 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES
A Vendor Performance Report form will be utilized to document unsatisfactory
performance during the term of this bid. The report may become an important part
of the contractor’s history. The report and process will assist the City in determining
whether there is a continuing pattern of problems that may need to be addressed
through termination of contract and/or suspension of the contractor from future
bidding.
4.44 E-VERIFY
In accordance with State of Florida, Office of the Governor, Executive Order 11 -116
(superseding Executive Order 11-02; Certification of Employment Status), in the
event performance of this Agreement is or will be funded using state or federal
funds, the contractor must comply with the Employment Eligibility Verification
Program developed by the federal government to verify the eligibility of individuals
to work in the United States and 48 CFR 52.222 -54 (as amended) is incorporated
herein by reference. The contractor shall (1) enroll in the U.S. Department of
Homeland Security’s E-Verify system, (2) utilize E-Verify to verify the employment
eligibility of all new employees hired during the term of the contract (3) utilize E -
Verify to verify the employment eligibility of all employees assigned to the contract;
and (4) shall expressly require any subcontractors performing work or providing
services pursuant to the contract to likewise utilize E-Verify to verify the
employment eligibility of all new employees hired by the subcontractor during the
contract term. Information on registration for an d use of the E-Verify system can be
obtained at the U.S. Department of Homeland Security website:
http://www/dhs.gov/E-Verify.
4.45 IMMIGRATION LAWS
The City will not intentionally award City contracts to any firm who knowingly
employs unauthorized alien workers, constituting a violation of the employment
provisions contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the
Immigration and Nationality Act (“INA”). Refer to E-Verify Acknowledgment in
solicitation documents.
4.46 DRUG-FREE WORKPLACE
4.46.1. In accordance with Florida Statute Section 287.087, bidder certifies the
following:
A. A written statement is published notifying employees 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.
B. Employees are informed about the dangers of drug abuse in the work
place, the bidder’s policy of maintaining a drug free working
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environment, and available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be
imposed upon employees for drug use violations.
C. Employees are notified that as a condition of working on the
commodities or contractual services being solicited, they will notify
the employer of any conviction of, plea of guilty or nolo contendere
to, any violation of Chapter 893, 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.
D. The bidder/employer imposes a sanction, 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.
E. The bidder/employer makes a good faith effort to continue to
maintain a drug free work place through the Implementation of the
drug free workplace program.
4.47 DEBARMENT AND SUSPENSION
4.47.1. bidder certifies to the best of its knowledge and belief that it and its
principals:
A. Are not presently debarred, suspended, proposed for disbarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency;
B. Have not within a three-year period preceding this application been
convicted or 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, s tate,
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;
C. 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; and
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D. 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.
E. The City of Sebastian will not make award to parties listed on the
government wide exclusions in the System for Award Management
(SAM).
4.48 FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS
By submission of a proposal, Respondent affirms that it is not currently listed in the
Florida Department of Management Services Convicted/Suspended/Discriminatory
Complaint Vendor List.
4.49 RIGHTS IN DATA
The City of Sebastian is and will remain the owner of all data provided to the
contractor by the City under this contract. The contractor will not use such data for
any purpose other than providing services and support to the City under this bid,
nor will any part of such data be sold, assigned, leased, or otherwise disclosed to
third parties (other than authorized subcontractors for purposes of performance of
the Services) or commercially exploited by or on behalf of the contractor. The
contractor will not possess or assert any lien or other right against such data.
4.50 DATA TRANSMISSION
The contractor agrees that any transmission or exchange of system application data
with the City and/or any other parties shall take place via secure means using
current industry approved encryption standards.
4.51 DATA BREACH
Contractor agrees to comply with the State of Florida Database Breach Notification
Act outlined in Section 501.171, F.S. In the event of a breach described in Section
501.171, F.S. ("Notification Event"), Contractor will notify the City immediately and
will comply with the requirements of Section 501.171, F.S. assume responsibility
for all costs associated with complying with the breach notification and informing all
such individuals by applicable law. The Contractor agrees to indemnify, hold
harmless and defend the City and its trustees, officers, and employees from and
against any claims, damages, or other harm related to such Notification Event.
4.52 COPYRIGHTS
The parties want to ensure that the City has the ability to obtain copyrights,
trademarks, service marks, etc. on the items created as part of this contract.
Consultant agrees that any work prepared for the City which is eligible for copyright
protection in the United States or elsewhere shall be work made for hire as a
commissioned work. If any such work is deemed for any reason not to be work
made for hire, Consultant assigns all right, title and interest in the copyright in such
work, included but not limited to copyrights in text, two-dimensional and three-
dimensional representations or animations, and all extensions and renewals
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thereof, to the City, and agrees to provide all assistance reasonably requested by
the City in the establishment, preservation and enforcement of its copyright in such
work, such assistance to be provided at the City’s expen se but without additional
compensation to Consultant. Consultant agrees to waive all artist’s rights and moral
rights under Federal, State or International law, relating to the work developed or
produced, including without limitation any and all rights of identification of
authorship and any and all rights of approval, restriction or limitation on use of
subsequent modification.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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SECTION 5
REQUIRED
FORMS
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CONTACT INFORMATION SHEET
DUE DATE: April 24, 2025
Bids due on or before 2:00 PM LOCAL TIME
City of Sebastian
ATTN: Procurement
1225 Main Street
Sebastian, Florida 32958
Check the Addenda for any revised opening dates
before submitting your bid. Bid(s) received after the
date and time stated above will not be opened.
CONTACT:
Jessica Graham, CPPB
Procurement/Contracts Manager
(772) 388-8231
jessgraham@cityofsebastian.org
ITB TITLE: Fire Extinguisher Inspection, Maintenance &
Replacement
ITB NO.: 25-14-ITB
Proposer Name and “Doing Business As”, if applicable:
Federal Tax Identification Number:
Address:
City: State: Zip
Code:
Telephone No: Fax No:
E-Mail Address of Authorized Representative:
I certify that I have carefully examined the ITB document and associated documents, including the Addenda,
accompanying or made a part of this solicitation. I further certify that all information contained in this bid is truthful
to the best of my knowledge and belief and that I am duly authorized to submit this bid on behalf of the proposer
named above and that the proposer is ready, willing, and able to perform if awa rded.
In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish
the goods and /or services specified in the ITB at the prices or rates in my bid and prices will remain for a period
of ninety (90) days to allow the City adequate time to evaluate the bid.
__________________________________________________________________
Signature of Authorized Representative (Manual)
__________________________________________________________________
Name of Authorized Representative (Typed or Printed)
___________________________________________ ________________
Title Date
Each bid submittal must include the signature of an officer or employee with the authority to bind the
contractor in the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall
be provided. If a corporate resolution is not provided for the bid submittal, the bid submittal shall be marked non-
responsive.
The City reserves the right to reject any and all bids or to accept any bid or portion deemed to be in the City's
best interest and waive any non-substantial irregularities.
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CORPORATE RESOLUTION
I, ___________________________________________, Board President of
______________________________, a corporation organized and existing under the laws of the
State of _____________________, hereby certify that at a meeting of the Board of Directors of
the Corporation duly called and held on _____________________, 202 5, at which a quorum was
present and acting throughout, the following resolutions were adopted and are now in full force
and effect:
RESOLVED that the following individual of this corporation is authorized to execute on behalf of
this corporation bids and agreements, of which bids and agreements include a hold harmless and
indemnification clause.
I further certify that the names of the officers of this corporation and any other persons authorized
to act under this resolution and their official signatures are as follows:
NAME OFFICIAL SIGNATURE
IN WITNESS WHEREOF, I have hereunto subscribed my name as Board President and affixed
the seal of the corporation this _____ day of ____________, 2025.
Board President Signature: __________________________________________________
STATE OF _________________
COUNTY OF _________________
The foregoing instrument was acknowledged before me, by means of ___ physical presence or
___ online notarization, this _______ day of _______________, _______ (year) by
_____________________________, who is personally know n to me or who has produced
_______________________________ as identification and who did (did not) take an oath.
______________________ (Signature of Notary Public)
______________________ (Name of Notary – Typed, printed or stamped)
______________________ (Notary Seal / Serial Number)
______________________ (Date)
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STATEMENT OF BIDDER’S QUALIFICATIONS
Solicitation Title: Fire Extinguisher Inspection, Maintenance & Replacement
Solicitation Number: 25-14-ITB
Name of Bidder: _________________________________________________________
Professional License Type and Number: ______________________________________
(1) How long has your organization performed services under your present name?
(2) How long has your company provided FIRE EXTINGUISHER SERVICES as a contractor
or subcontractor?
(3) Has your organization, any officer, or partner failed to complete any work awarded to you?
If so, where and why?
(4) Has your company been in disputes or litigations in the last five (5) years over past or
present projects? If so, describe the nature of the dispute or litigation and state the
Owner's Name, Address, Telephone, and number of disputes or litigations. (Use
additional sheets if necessary.)
(5) Has the bidder’s organization or any of its officers, received a reprimand of any nature or
been suspended by the Department of Professional Regulations or any other regulatory
agency or professional association within the last five (5) years? ( ) YES ( ) NO
(6) Has the bidder’s organization been declared in default, terminated, or removed from a
contract or job related to the services your company provides in the regular course of
business within the last five (5) years ( ) YES ( ) NO
(7) Has your organization filed any request for equitable adjustment, contract claims, protest,
or litigation in the past five (5) years related to the services provided in the regular course
of business? ( ) YES ( ) NO
I hereby certify that all statements made are true and I agree and understand that any misstatement or
misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of
this ITB for the City of Sebastian.
Signature of Contractor’s Authorized Official Date
Name and Title of Contractor’s Authorized Official
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NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF _________________________________
COUNTY OF _________________________________
__________________________ , being duly sworn, deposes and says that:
(1) He/she is of, the (Title) (Firm/Company) bidder that has submitted the attached bid.
(2) He/she is fully informed respecting the preparation and contents of the attached bid and
of all pertinent circumstances respecting such bid.
(3) Such bid is genuine and is not a collusive or sham bid.
(4) Neither the said bidder nor any of its officers, partners, owners, agent representatives,
employees or parties in interest including this affiant, has in any way, colluded, conspired,
or agreed, directly or indirectly, with any other bidder, firm or person, to submit a collusive
or sham bid in connection with the Agreement for which the attached bid has been
submitted or to refrain from proposing in connection with such Agreement, or has in any
manner, directly or indirectly, sought by Agreement or collusion or communication or
conference with any other bidder, firm or person to fix the price or prices in the attached
bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or
the bid price of any other bidder, or to secure through an collusion, conspiracy, connivance
or unlawful Agreement any advantage against the City of Sebastian, Florida, or any person
interested in the proposed Agreement.
(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by
any collusion, conspiracy, or unlawful Agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties of interest, including affiant.
____________________________________
(Signed)
____________________________________
(Title)
STATE OF _________________
COUNTY OF _________________
The foregoing instrument was acknowledged before me, by means of ___ physical presence or
___ online notarization, this _______ day of _______________, _______ (year) by
_____________________________, who is personally known to me or who has produced
_______________________________ as identification and who did (did not) take an oath.
______________________ (Signature of Notary Public)
______________________ (Name of Notary – Typed, printed or stamped)
______________________ (Notary Seal / Serial Number)
______________________ (Date)
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DRUG FREE WORKPLACE PROGRAM
In accordance with Section 287.087, Florida State Statues, preference shall be given to
businesses with drug-free workplace programs. Whenever two or more bids or replies are
received by the City that are equal with respect to price, quality, and service f or the procurement
of commodities or contractual services, a bid or reply received from a business that certifies that
it has implemented a drug -free workplace program shall be given preference in the award
process. Established procedures for processing tie bids will be followed if none of the tied vendors
have a drug-free workplace program. In order to have a drug -free workplace program, a business
shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the bu siness's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere, to any violation of Florida Statute, Chapter 893 or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace, not later than five (5) days after such conviction.
5) Impose a sanction on or require 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.
6) Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign such statement, I ce rtify that the firm complies fully with the
above requirements and indicate the program was implemented.
Authorized Signature
Company
Date
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CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
1) This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part
3000. As such, the contractor is required to verify that none of the contractor’s principles
(defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) a re excluded
(defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
2) The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
3) This certification is a material representation of fact relied upon by the City of Sebastian.
If it is later determined that the co ntractor did not comply with 2 CFR Part 180, subpart C
and 2 CFR Part 3000, subpart C, in addition to remedies available to the City of Sebastian,
the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
4) The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart
C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to include
a provision requiring such compliance in its lower tier covered transactions.
____________________________________ ____________________________________
Authorized Signature Address
____________________________________ ____________________________________
Printed Name & Title City, State, Zip Code
____________________________________ ____________________________________
Company Date
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CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH
SCRUTINIZED COMPANIES
I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries,
majority-owned subsidiaries, parent companies, or affiliates of such entities or business
associations, that exists for the purpose of making profit have been placed on the Scrutinized
Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are
engaged in a boycott of Israel.
In addition, if this solicitation is for a contract for goods or services of one million dollars or more,
I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries,
majority-owned subsidiaries, parent companies, or affiliates of such entities or business
associations, that exists for the purpose of making profit are on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business
operations in Cuba or Syria as defined in said statute.
I understand and agree that the County may immediately terminate any contract resulting from
this solicitation upon written notice if the undersigned entity (or any of those related entities of
respondent as defined above by Florida law) are found to have submitted a false certification or
any of the following occur with respect to the company or a related entity: (i) it has been placed
on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii)
for any contract for goods or services of one million dollars or more, it has been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business
operations in Cuba or Syria.
Authorized Signature
Printed Name & Title
Date
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APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000.00)
The undersigned certifies, to the best of his or her k nowledge, that:
1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee o f Congress, or
an employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, re newal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or empl oyee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure
Form to Report Lobbying,” in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10 ,000 and not
more than $100,000 for each such failure
The Contractor, ____________________________________________, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative
Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized
Official
Date
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CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN
PROHIBITED AFFIDAVIT
The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form
(“Form”) is required by Section 287.138, Florida Statutes (“F.S.”), which is deemed as
being expressly incorporated into this Form. The Affidavit must be completed by a person
authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of
submitting a bid, proposal, quote, or other response or otherwise entering into a contract
with the County. The associated bid, proposal, quote, or other response will not be
accepted unless and until this completed and executed Affidavit is submitted to the
County.
___________________________________________does not meet any of the criteria set forth
Bidder's/Proposer's Legal Company Name
in Paragraphs 2 (a) – (c) of Section 287.138, FS.
Pursuant to Section 92.525, F.S., under penalties of perjury, I declare that I have read the foregoing
statement and that the facts stated in it are true.
Print Name of Bidder's/Proposer's Authorized
Representative:
________________________________
Title of Bidder's/Proposer's Authorized Representative: ________________________________
Signature of Bidder's/Proposer's Authorized
Representative:
________________________________
Date: ________________________
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REFERENCE LIST
Bidder’s Name:
List a minimum of three (3) client references that can speak to the proposer’s experience and
performance within the last five (5) years. At least two (2) of these references should be
government entities with a minimum of 150 or more employees. The City will conduct Reference
Checks for the provided references. If the contact information is incorrect or the reference does
not respond, the proposer will lose points awarded for this criterion. Use additional sheets as
necessary.
Reference #1
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #2
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #3
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
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SUBCONTRACTOR LIST
Bidder Name: Phone #:
ITB Title:
Fire Extinguisher Inspection, Maintenance
& Replacement
ITB #: 25-14-ITB
NOTE: List all sub-contractors and the percentages of work to be performed on this project, If
sub-contractors will not be used on this agreement, check the box below. Form must be submitted
with your bid. Use additional sheets if necessary.
The City reserves the right to reject any proposals if the proposer names sub -contractors who
have previously failed in the proper performance of an award, or failed to deliver on time contracts
of a similar nature, or who is not in a position to perform under this a ward. The City reserves the
right to inspect all facilities of any sub -contractor in order to make a determination as to the
foregoing.
Company
Name
Work To Be
Performed and
Percentage of Work to
be Performed
Contact
Person
Telephone
Number
1
2
3
4
5
6
I affirm that sub-contractor(s) will not be used to complete projects under this
agreement.
Authorized Signature
Printed Name & Title
Date
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ADDENDA ACKNOWLEDGEMENT
Bidder Name: Phone #:
ITB Title:
Fire Extinguisher Inspection, Maintenance
& Replacement
ITB #: 25-14-ITB
Bidder shall indicate below all Addenda received. Acknowledgment confirms receipt and
understanding of the issued Addenda. Bidder understands that failure to acknowledge any
addenda issued may cause their bid to be considered non -responsive. To verify the number of
addenda (if any), a bidder may contact the Procurement Division at (772) 388 -8231.
ADDENDUM # DATE RECEIVED
1
2
3
4
5
6
7
No Addenda was received in connection to this solicitation.
Print Preparer’s Name: Title:
Signature:
Date:
25-14-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 48 of 49
LOCAL VENDOR PREFERENCE AFFIDAVIT
Legal Name of Firm:
Contact Person: Telephone:
Email Address:
Remit Address:
Physical Address:
Sebastian or County Tax Receipt
Number: Current Date Issued
☐ Required copies attached? Previous Date
Issued
Number of full-time employees working in the City of Sebastian
(for city preference) or Indian River County (for county
preference):
I certify that my company meets the following qualifications to be eligible for local vendor preference:
(1) Maintains a valid business tax receipt issued by either the City of Sebastian or Indian River
County, at least one (1) year prior to the opening of a bid for which the business may seek local
vendor preference, and
(2) Maintains a physical business address lo cated within the City of Sebastian or Indian River
County, from which the vendor is operating or performing its business, and at which it maintains
full-time employees. Note: A post office box shall not be considered a physical business
address.
I certify that under the penalty of perjury, the foregoing statements are true and correct. I also acknowledge
that any person, firm, corporation or entity intentionally submitting false information to the City in an
attempt to qualify for local preference shall lose the privilege to claim local preference status for a period
of two (2) years.
____________________________________ _____________________
Authorized Signature Date
____________________________________ _____________________
Printed Name Title
NOTARY
____________________________________ _____________________
Witness Date
25-14-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 49 of 49
SECTION 6 – BID PRICE FORM
The Electronic Price Sheet, Attachment A, is in Excel Format. Proposers must upload
their completed price sheet in .xlsx or .xls format to VendorLink. The price sheet includes
the following worksheets:
1. Fire Extinguisher Maintenance and Inspection - Years 1 & 2
a. Pricing on this worksheet is MANDATORY.
b. The Line 1 Total Price will determine the total bid price.
c. This pricing is all-inclusive. All rates include all costs associated with the
work's performance, such as mobilization, demobilization, fuel, insurance,
overhead and profits, lodging, meals, transportation (including trip charges),
rentals, safety gear, telephone costs, and all other materials, items, and
miscellaneous expenses.
d. The rates listed on this spreadsheet will be the contracted rates for Years 1
and 2 of the contract.
2. Fire Extinguisher Maintenance and Inspection - Years 3 & 4
a. Pricing on this worksheet is MANDATORY.
b. If the renewal term is executed, the rates on this spreadsheet will be the
contracted rates for Years 3 & 4 of the contract.
c. This pricing is all-inclusive. All rates include all costs associated with the
work's performance, such as mobilization, demobilization, fuel, insurance,
overhead and profits, lodging, meals, transportation (including trip charges),
rentals, safety gear, telephone costs, and all other materials, items, and
miscellaneous expenses.
The Bid Prices shall remain good for ninety (90) days after the due date of this ITB.
The Bidder certifies that the price quoted represents and includes the entirety of the work,
fees, profit, overhead, general requirements, general conditions, etc., of the project per
the ITB documents. By affixing their signature to the Bid Price Sheet, the Bidder hereby
states that they have read all proposal specifications, terms , and conditions outlined in
the Invitation to Bid and agree to such. Bidder also declares that the individual signing
this Bid Price Sheet has the legal capacity to sign on behalf of Bidder and to obligate
Bidder contractually.
Bidder Name:
Signature: Date:
Print Name: Title: