HomeMy WebLinkAbout25-21-QT - Annual Vehicle Lift Inspection & Certification ServicesPage 1 of 58
REQUEST FOR QUOTE
25-21-QT
ANNUAL VEHICLE LIFT INSPECTION & CERTIFICATION SERVICES
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, August 7, 2025 -
QUESTION DEADLINE Monday, August 18, 2025 2:00 PM Local Time
QUOTE DUE DATE Thursday, August 28, 2025 2:00 PM Local Time
RECOMMENDATION OF AWARD
(If Applicable) Wednesday, September 24, 2025 6:00 PM Local Time
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SECTION 1 – INSTRUCTIONS TO QUOTERS
1.1 PURPOSE
1.1.1 The City of Sebastian is seeking a qualified contractor to provide annual
inspections, maintenance, and repair of vehicle lifts.
1.2 QUESTION DEADLINE
1.2.1 The deadline to submit questions will be Monday, August 18, 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.
1.2.2 The Quoter is responsible for checking for addenda associated with this
solicitation.
1.3 ELECTRONIC QUOTE SUBMITTAL
1.3.1 All quotes must be submitted by the due date and time. The quote due date
is Thursday, August 28, 2025, at 2:00 PM.
1.3.2 Quotes must be submitted using one (1) of the following methods:
A. Submitted via VendorLink portal (https://www.myvendorlink.com/)
B. Submitted via email to procurement@cityofsebastian.org
1.3.3 Quotes are due on the date and time indicated on the cover page or as
amended by an addendum issued by procurement.
1.3.4 The Contractor is responsible for submitting their response by the time and
date specified in the solicitation or subsequent addenda. The City shall not
be responsible for delays caused by any occurrence.
1.3.5 At its sole discretion, the City may reject any and all Quotes or accept any
Quote or portion thereof deemed to be in its best interest and to waive any
non-substantial irregularities.
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TABLE OF CONTENTS
SECTION 1 – INSTRUCTIONS 2
TABLE OF CONTENTS 3
SECTION 2 – SCOPE OF WORK 4
SECTION 3 – SPECIAL CONDITIONS 11
SECTION 4 – REQUIRED FORMS 15
• CONTACT INFORMATION SHEET 16
• CORPORATE RESOLUTION 17
• STATEMENT OF BIDDER’S QUALIFICATIONS 18
• NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 20
• DRUG-FREE WORKPLACE PROGRAM 21
• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 22
• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 23
• APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING
LOBBYING 24
• CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF
CONCERN PROHIBITED AFFIDAVIT 25
• HUMAN TRAFFICKING AFFIDAVIT 26
• REFERENCE LIST 27
• ADDENDA ACKNOWLEDGEMENT 28
SECTION 5 – QUOTE PRICE FORM 29
SECTION 6 – PICTURES 31
SECTION 7 – SAMPLE SERVICE AGREEMENT 34
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SECTION 2 – SCOPE OF WORK
2.1 SCOPE OF WORK
2.1.1 Lift Inspections and certifications should be performed annually during
October.
2.1.2 WORK TO BE PERFORMED BY THE CONTRACTOR
A. All inspections to be performed by a certified technician and perform the
inspection per ALI Certification standards, qualifications must be
included in the proposal.
B. All work to be in accordance with all city, state and federal guidelines.
C. All work to be in accordance with current ANSI requirements.
D. All work to be in accordance with manufacturer’s requirements.
2.1.3 Samples of the items to be inspected are: controls, wire rope, chains,
sheaves, drums, alignment, upper and lower limits , if applicable. Structural
components and mounting, all mounting bolts will be re -torqued. It is the
responsibility of this contractor to ensure all vehicle lifts are inspected to
industry and manufacturer standards and provide a
complete/comprehensive inspection report for the equipment stating the lift
is safe for use.
2.1.4 The duration of the inspection cycle provided by the Contractor shall not
exceed 30 calendar days unless the work cannot be performed in the
allotted time due to circumstances beyond the control of the City and/or the
Contractor. Example: Conditions at the City’s facility that would prevent the
safe execution of the described work to be performed.
2.1.5 The Contractor must notify the designated City contact at least forty-eight
(48) hours in advance of any needed site visit, unless it is an emergency.
2.1.6 Work Hours: Normal work hours are Monday through Friday from 7:00 AM
to 2:30 PM.
2.1.7 Reporting Documents
A. All inspection reports must be typed. No handwritten reports will be
accepted. This includes all inspection reports, questions, comments,
and recommendations.
B. The Contractor is required to provide the documentation listed below for
each lift listed under this contract. The annual inspection and certification
service will not be considered complete until these documents are
received.
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i. A recertification certificate for each lift.
ii. A written report recognized by industry standard inspection criteria
providing findings on lifts in accordance with ANSI/ALI ALOIM: 2020
Standard for Automotive Lifts - Safety Requirements for Operation,
Inspection and Maintenance.
a. If the unit fails to pass inspection an itemized list of required and
or recommended repairs to bring the equipment into compliance
with ANSI/ALI ALOIM: 2020 Standard for Automotive Lifts -
Safety Requirements for Operation, Inspection and Maintenance.
The contractor must provide a detailed quote, including parts and
labor, to bring any lifts into compliance for inspection, and the
quote must be approved prior to any repair work being completed.
iii. A current recertification sticker attached to a part of the lift at their
respective locations.
2.2 LIFT INFORMATION
2.2.1 All lifts are located at the City of Sebastian Public Works Compound. The
address is 505 Airport Drive W, Sebastian, FL 32958
2.2.2 Lift Descriptions:
Qty Make Model Size Additional
Information
4 Challenger CLHM-140 14,000 pounds
(each)
Mobile system with
four (4) individual lifts
2 Rotary SPOA10N8G0 10,000 pounds
1 Challenger 4015 XFX 15,000 pounds
2.3 REPAIR SERVICES
2.3.1 If deficiencies are found during the annual inspection and repairs are
required, the CONTRACTOR shall submit a proposal and cost estimate.
2.3.2 During the lift’s service life, the City may require repairs. These repairs may
also include diagnostic services. The City’s Project Manager shall request
via telephone or email that the CONTRACTOR perform such services. The
CONTRACTOR shall acknowledge this request with either a return call or
email to the City’s Project Manager within twenty-four (24) business hours
of the notification. If required, the CONTRACTOR shall troubleshoot and
diagnose any issues and provide a cost estimate as outlined below to
perform the needed work to return the machine to full operational service.
All cost estimates shall include, but not limited to, the following details:
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A. Unique Proposal/Estimate Number (assigned by CONTRACTOR)
B. Date inspected.
C. Date cost estimate was prepared.
D. Diagnosis
E. Parts required, as well as direct costs plus the bid markup.
F. Labor – time required to perform work multiplied by the appropriate labor
rate bid.
G. Timeframe for completion of repairs.
H. Total Price
2.3.3 The CONTRACTOR may only proceed with repairs upon approval of the
cost estimate and issuance of a purchase order number. The
CONTRACTOR shall perform all work within the timeframe specified within
the cost estimate. The CONTRACTOR may perform only such work
included in the approved cost estimate or as included in properly authorized
amendments. Parts and material(s) installed by the CONTRACTOR shall
be new, original equipment manufacturers (OEM) parts and materials or
approved equals. The City’s Project Manager shall approve parts and
materials manufactured by a company other than the original manufacturer
before being utilized for the specific repair. The CONTRACTOR shall
complete all required repair work to ensure and guarantee that the item(s)
repaired is operable and functioning correctly. T he City will not be
responsible for paying for the CONTRACTOR’s labor or any parts or
materials ordered and/or installed on the City’s equipment due to the
CONTRACTOR’s misdiagnosis.
2.3.4 Original Invoices for Materials and/or Parts, including the cost‐plus
percentage allowed per contract, must be submitted for payment; copies
will not be acceptable.
2.3.5 Repairs and replacement: All estimates shall be submitted within 72
hours after the site visit, and work shall commence within 5 days of receipt
of a request to proceed.
2.3.6 Emergency repairs and replacements: All emergency repairs or
replacements should be responded to within 8 hours after the initial call/site
visit, and work shall commence no later than 24 hours after receipt of a
request to proceed.
2.3.7 Addition and removal of lifts: The City of Sebastian reserves the right to
add or remove lifts from this agreement and will not be held to any
minimum/maximum dollars for the term of this agreement.
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2.4 Material Mark-Up
2.4.1 The cost of the materials shall be based on the Contractor's wholesale price
from the supply house plus a maximum of a 10% percent markup. A
markup on sales tax will not be allowed. The Contractor's invoices shall
clearly show the manufacturer's part number, description, manufacturer
cost, and percent markup cost. A copy of the supply house invoice shall be
submitted with the Contractor's invoice. Contractor shall only be
reimbursed for materials requested by the City and not for materials utilized
by the Contractor in the normal course of the work covered under this
Contract.
2.5 Contractor Requirements
2.5.1 Contractor shall provide all personal equipment and measurement tooling
required to perform the lift inspections. Personal protective equipment, hard
hat, safety glasses and suitable attire required to perform work in an
industrial environment will be the responsibility of the Supplier and contract
personnel.
2.5.2 Contractor’s employees must wear uniforms or other means to identify
themselves as employees of the Supplier while on Orlando Utilities
Commission properties
2.6 CONTRACTOR MINIMUM QUALIFICATIONS
2.6.1 Contractor must possess three (3) years of experience in providing vehicle
lift inspections and certification.
2.6.2 Contractor must have been in business under the same FEIN number for
the past three (3) years. Evidence should be submitted with the Quote
submittal
2.6.3 If the Contractor’s business is located in Sebastian, FL, or Indian River
County, they must provide a copy of their business tax receipt.
2.6.4 Contractors 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.
2.6.5 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 does not meet any or
all qualifications necessary, as determined by the City.
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2.7 INSURANCE
2.7.1 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.
2.7.2 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.
2.7.3 The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
2.7.4 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 the
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
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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.
The Contractor shall obtain insurance that 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
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. **
2.7.5 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 sudden
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.
2.7.6 The Contractor shall declare any self-insured retention or deductible over
$5,000 for any policy. The City reserves the right to reject any self -insured
retention or deductible over $5,000.
2.7.7 All insurance carriers shall be rated (A) or better by the most recently
published A.M. Best Rating Guide. Unless otherwise specified, the
contractor shall ensure that all subcontractors comply with the insurance
requirements set forth in this Agreement. The City may request a copy of
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the insurance policy according to the nature of the project. The 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 Quotes and to waive any minor
irregularity or technicality. Payment discounts will not be considered for
Quote evaluation purposes.
3.1.2. At its sole discretion, the City reserves the right to reject all Quotes, waive
all formalities, and disregard all nonconforming, non -responsive, or
incomplete Quotes. The City expressly reserves the absolute right to
determine the seriousness of any Contractor’s failure to conform to the
requirements of the solicitation document. Contractors cannot utilize the
City’s determination of the severity of any specific non-conformance as a
basis to protest the award of any Quote. Quotes may be considered subject
to rejection if, in the sole opinion of the City, there is a serious om ission,
unauthorized alteration of form, an unauthorized alternate Quote,
incomplete or unbalanced unit price, or irregularities of any kind. The City
may reject, as non-responsive, any or all Quotes where the Contractor fails
to acknowledge receipt of addenda as prescribed.
3.1.3. The total contract expenditure shall not exceed $25,000 without prior
approval from the City Council.
3.1.4. Service Contract: The awarded contract will be required to execute a
service contract with the City. The Sample contract is included in Section 6.
3.2 LENGTH OF CONTRACT AND RENEWAL
The initial term of the Agreement is two (2) years. If agreed to in writing at least
thirty days before the end of the initial term, the parties may renew the Agreement
for three (3) additional terms of one (1) year.
3.3 PROJECT COORDINATION
3.3.1. 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 performed to ensure compliance with the agreement's requirements.
If the requirements are not being met satisfactorily, the City shall require the
contractor to correct any discrepancies, inconsistencies, or faults
immediately at no additional cost. The contractor 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 loca l, state,
and federal regulations and codes.
3.4 SITE INSPECTION AND DUE DILIGENCE
3.4.1. Contractors must carefully examine the project specification and exercise
due diligence regarding current and pre-existing conditions at the site.
3.4.2. Before submitting their Quote, the Contractor shall be responsible for
visiting the project site and becoming familiar with any conditions that may
affect the work.
3.4.3. Before the commencement of work, the contractor shall submit photographs
and/or video recordings to the project manager to document any 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.
3.4.4. 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.
3.4.5. 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.
3.4.6. No additional allowances shall be made due to the Contractor’s lack of
knowledge of the project requirements and site conditions.
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3.5 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 Quote 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 t he 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 Quote terms and conditions.
3.6 QUANTITIES
Any quantities identified in this Quote are estimates only and in no way obligate the
City to purchase these amounts. The City reserves the right to re -negotiate prices
if, during the agreement term, the City purchases more than the estimated
quantities in this Quote.
3.7 PROTECTION OF PERSONS AND PROPERTY
3.7.1. 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 negligence by the
contractor, their employees, or other agents.
3.7.2. The contractor must reasonably attempt to avoid damage to City or private
property under all conditions.
3.7.3. The awarded contractor agrees to repair or replace, at its own expense, any
damage caused by the awarded contractor, th eir employees, or their
agents.
3.7.4. The contractor must not drive or park equipment on grass, sidewalks, or
patios.
3.7.5. Any damages, including damage to finished surfaces and spilled liquids,
resulting from the performance of the Agreement shall be repaired an d/or
cleaned to the project manager's satisfaction.
3.7.6. Any public or private property damaged by the contractor or a
representative during the services shall be repaired or replaced to the
project manager's satisfaction at no cost to the City.
3.7.7. The project shall not be considered complete until incurred damages, if any,
have been repaired and the worksite is cleaned to the project manager's
satisfaction.
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3.8 REMOVAL OF DEBRIS
The contractor shall keep the worksite free and clear of rubbish and debris at all
times during the performance of services. Any material or waste generated by the
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 due to debris, equipment, tools, and
worksite hazards.
3.9 WARRANTY
The contractor shall warrant and guarantee all goods, labor , and services for 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 contractor shall
bear all labor, product replacement, mobilization, and transportatio n 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 for 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. They shall
be fully completed to the satisfaction of the project manager and City within seven
(7) working days.
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SECTION 4
REQUIRED
FORMS
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CONTACT INFORMATION SHEET
DUE DATE: August 28, 2025
Quotes 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 Quote. Quote(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
QT TITLE: Annual Vehicle Lift Inspection & Certification
QT NO.: 25-21-QT
Proposer Name and “Doing Business As”, if applicable:
Federal Tax Identification Number:
Unique Entity ID (SAM.GOV):
Address:
City: State: Zip Code:
Telephone No: Fax No:
E-Mail Address of Authorized Representative:
I certify that I have carefully examined the solicitation document and associated documents, including the
Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this
Quote is truthful to the best of my knowledge and belief and that I am duly authorized to submit this Quote on
behalf of the proposer named above and that the proposer is ready, willing, and able to perform if awarded.
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 solicitation at the prices or rates in my Quote and prices will remain
for a period of ninety (90) days to allow the City adequate time to evaluate the Quote.
__________________________________________________________________ Signature of Authorized Representative (Manual)
__________________________________________________________________ Name of Authorized Representative (Typed or Printed)
___________________________________________ ________________
Title Date
Each Quote 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. The Quote submittal shall be marked non-responsive if a Corporate Resolution cannot be provided.
The City reserves the right to reject any and all Quotes or to accept any Quote 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 _____________________, 2025, 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 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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STATEMENT OF BIDDER’S QUALIFICATIONS
Solicitation Title:
Solicitation Number:
Name of Bidder:
Professional License Type and Number:
1. Contractor’s Compliance with Employment Eligibility Requirements (§448.095, Fla. Stat.
– E-Verify)
The E-Verify system is an internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically
verify the employment eligibility of newly hired employees. Florida Statutes §448.095
provides that any person or entity that has entered or is attempting to enter into a contract
with the City of Sebastian to provide labor, supplies or services must register with and use
the E-Verify system to verify the work authorization status of all employees hired after
January 1, 2021. Further, the contractor must maintain certain required employment
compliance records of subcontractors for the duration of the contract with the City of
Sebastian.
Contractor E-Verify Registration Number:
2. How long has your organization performed services under your present name?
3. How long has your company provided FIRE EXTINGUISHER SERVICES as a contractor
or subcontractor?
4. Has your organization, any officer, or partner failed to complete any work awarded to you?
If so, where and why?
5. 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.)
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6. 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
7. 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
8. 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)
25-21-QT
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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 for 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 business'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 certify that the firm complies fully with the
above requirements and indicate the program was implemented.
Authorized Signature
Company
Date
25-21-QT
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CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 13 CFR Part 145.
1. The Contractor (or subcontractor) 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, state, or local) transaction or contract under
a public transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving sto len
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
d. Have not within a three-year period preceding this application/proposal had
one or more public transactions (Federal, State or local) terminated for
cause or default.
2. Where the prospective contractor is unable to certify to the above statement, the
prospective contractor shall attach an explanation to this form.
3. The City of Sebastian will not make award to parties listed on the government wide
exclusions in the System for Award Management (SAM).
____________________________________ ____________________________________
Authorized Signature Address
____________________________________ ____________________________________
Printed Name & Title City, State, Zip Code
____________________________________ ____________________________________
Company Date
25-21-QT
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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 City 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
25-21-QT
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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 knowledge, 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 of 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, renewal, 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 employee 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
25-21-QT
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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 City. The associated bid, proposal,
quote, or other response will not be accepted unless and until this completed and executed
Affidavit is submitted to the City.
________________________________ does not meet any of the criteria set forth in Paragraphs 2 (a) – (c)
(Bidder's/Proposer's Legal Company Name) 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: ________________________
25-21-QT
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HUMAN TRAFFICKING AFFIDAVIT
In compliance with Section 787.06(13), Florida Statutes, this affidavit must be completed by an
officer or representative of a nongovernmental entity that is executing, renewing, or extending a
contract with the City of Sebastian (the “Governmental Entity”).
The undersigned, on behalf of the entity listed below (the “Nongovernmental Entity”), hereby
swears or affirms as follows:
1. I am over eighteen (18) years of age. The following information is based on my own
personal knowledge.
2. I am an officer or representative of______________________________________, a
Nongovernmental entity, and I am authorized to provide this affidavit on behalf of the
Nongovernmental Entity.
3. Neither Nongovernmental Entity, nor any of its subsidiaries or affiliates, uses coercion for
labor or services, as such italicized terms are defined in Section 787.06, Florida Statutes,
as may be amended from time to time.
4. If, at any time in the future, Nongovernmental Entity does use coercion for labor or
services, Nongovernmental Entity will immediately notify Governmental Entity, and no
contracts may be executed, renewed, or extended between the parties.
5. Nongovernmental Entity has read the foregoing attestation, confirms that the facts stated
in it are true, and is made for the benefit of, and reliance by, Governmental Entity.
6. This declaration is made pursuant to Section 92.525(1)(c), Florida Statutes. I understand
that making a false statement in this declaration may subject me to criminal penalties.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING
ANTIHUMAN TRAFFICKING AFFIDAVIT AND THAT THE FACTS STATED IN IT ARE TRUE.
FURTHER AFFIANT SAYETH NOT.
Company Name
Authorized Signature
Printed Name & Title Date
25-21-QT
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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:
25-21-QT
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ADDENDA ACKNOWLEDGEMENT
Bidder Name: Phone #:
Quote Title:
Annual Vehicle Lift Inspection &
Certification Quote #: 25-21-QT
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:
25-21-QT
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SECTION 5 – QUOTE PRICE FORM
Annual Vehicle Lift Inspection And Certification
Item Description Qty Annual Inspection &
Certification Cost
Make: Challenger
Model: CLHM-140
Size: 14,000 pounds (each)
Additional Info: Mobile system with
4 individual lifts
4 $
Make: Rotary
Model: SPOA10N8G0
Size: 10,000 Pound
2 $
Make: Challenger
Model: 4015 XFX
Size: 15,000 Pound
1 $
TOTAL BID PRICE $
Notes:
A. Pricing on ALL items on the bid price form is MANDATORY.
B. This pricing is all-inclusive. All rates include mobilization and demobilization costs, as well
as the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and
any other associated costs required to provide the requested services.
25-21-QT
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The Bid Prices shall remain good for ninety (90) days after the due date of this
quote. 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 beha lf of Bidder and to
obligate Bidder contractually.
Bidder Name:
Signature: Date:
Print Name: Title:
25-21-QT
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SECTION 6 – PICTURES
Challenger (mobile)
25-21-QT
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Rotary Lift
25-21-QT
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Challenger
SECTION 7
SAMPLE SERVICE AGREEMENT
25-21-QT Page 35 of 58
CITY OF SEBASTIAN AGREEMENT FOR
ANNUAL VEHICLE LIFT INSPECTION & CERTIFICATION WITH
CONTRACTOR NAME
THIS AGREEMENT made and entered into the ________________by and between the
City of Sebastian, Florida, whose address is 1225 Main Street, Sebastian, FL 32958, a
municipal corporation of the State of Florida, hereinafter referred to as the "City" and
Contractor Name (FEIN: xx-xxxxxxx), whose principal and local address is Contractor
Address hereinafter referred to as the “Contractor”. The City and the Contractor are
collectively referred to herein as the “Parties.”
WITNESSETH:
WHEREAS, the City desires to retain the Contractor for the work identified in the
proposal specifications outlined in 25-21-QT, Annual Vehicle Inspection & Certification;
and
WHEREAS, the City desires to retain the Contractor to provide vehicle inspection
and certification services, as subsequently specifically set out in purchase orders to be
issued under this agreement; and
WHEREAS, the City desires to employ the Contractor to support the activities,
programs, and projects of the City upon the terms and conditions hereinafter set forth,
and the Contractor is desirous of performing and providing such goods/services upon said
terms and conditions; and
WHEREAS, the Contractor hereby warrants and represents to the City that it is
competent and otherwise able to provide professional services to the City; and
WHEREAS, all City promulgated bid documents pertaining to 25-21-QT, Annual
Vehicle Lift Inspection & Certification, and all submissions by the Contractor (including
the bid proposal and proposal clarifications) are incorporated herein to the extent not
inconsistent with the terms and conditions as set forth herein; and
WHEREAS, the City desires to retain the Contractor to provide all labor, materials,
equipment, facilities, and services included in, but not limited to, the guidelines in the
scope of work; and
WHEREAS, the City desires to use the expertise and knowledge of the Contractor;
and
WHEREAS, the Contractor recognizes the importance of strict adherence to all
laws, rules, and regulations, particularly regarding safety procedures and processes.
25-21-QT Page 36 of 58
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valua ble consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
SECTION 1: GENERAL PROVISIONS
1.1 The term "Contractor" as used in this agreement is hereby defined herein as that
person or entity, including employees, servants, partners, principals, agents, and
assignees providing services under this agreement.
1.2 The Contractor acknowledges that the City may retain other service providers to
provide the same services for City projects. At its option, the City may request
proposals from the Contractor and the service providers for City projects. The City
reserves the right to select which service providers shall provide services for the
City’s projects.
1.3 This agreement is for annual vehicle lift inspection & certification, as set forth
herein and as otherwise directed by the City to include all labor and materials that
may be required.
1.4 The recitals above are true and correct and form and constitute a material part of
this agreement upon which the parties have relied.
1.5 Each party hereto represents to the other that it has undertaken all necessary
actions to execute this agreement and has the legal authority to enter into it and
undertake all obligations imposed on it. The person(s) executing this agreement
for the Contractor certify that they are authorized to bind the Contractor fully to the
terms of this agreement.
1.6 Time is of the essence of the lawful performance of the duties and obligations
contained in this agreement, including, but not limited to, each purchase orde r. The
parties agree that they shall diligently and expeditiously pursue their respective
obligations outlined in this agreement and each purchase order.
1.7 When the term “law” is used herein, it shall include statutes, codes, rules, and
regulations of any type or nature enacted or adopted by a governmental entity of
competent jurisdiction.
1.8 The Contractor hereby guarantees the City that all work and all material, supplies,
services, and equipment listed on a Purchase Order meet the requirements,
specifications, and standards provided for under the Federal Occupations Safety
and Health Act of 1970, from time to time amended and in force on the date hereof.
1.9 It is agreed that nothing herein contained is intended or should be construed as
25-21-QT Page 37 of 58
creating or establishing a relationship of co-partners between the parties or as
constituting the Contractor (including, but not limited to its officers, employees, and
agents) as the agent, representative, or employee of the City for any purpose or in
any manner whatsoever. The Contractor is to be and shall remain independent
concerning all services performed under this agreement.
1.10 Persons employed by the Contractor in the provision and performance of the
goods and/or services and functions under this agreement shall have no claim to
pension, workers’ compensation, unemployment compensation, civil service, or
other employee rights or privileges granted to the City’s officers and employees
either by operation of law or by the City.
1.11 No claim for goods and/or services furnished by the Contractor not specifically
provided for herein or in a purchase order shall be honored by the City.
SECTION 2: SCOPE OF SERVICES
2.1 The Contractor shall safely, diligently, and professionally and timely perform with
its equipment and assets and provide goods and/or services included in each
subsequently entered purchase order. Unless modified in writing by the parties
hereto, the Contractor's duties shall not be construed to exceed the provision of
the goods and/or services pertaining to this agreement.
2.2 The Contractor shall provide the goods and/or services as generally set forth and
described in Exhibit “A” to this agreement and specifically detailed in various
purchase orders as may be issued from time to time by the City.
SECTION 3: PURCHASE ORDERS
3.1 The provision of services to be performed under the provisions of this agreement
shall be commenced as outlined in the City’s bid/procurement documents upon the
execution of this agreement and a purchase order issued on a form provided by
the City hereunder commencing the provision of goods and services. Additional
services to be performed by the Contractor to the City shall be authorized in a
written change order issued by the City on a form provided by the City. Purchase
orders executed by the City shall include a detailed description of quantities,
services, and a completion schedule. The Contractor shall review purchase orders
and notify the City in writing of asserted inadequacies for the City’s correction if
warranted. In every case, if the Contractor completes work without authorization
by a purchase/work order or a change order, the City is not obligated to
compensate the Contractor for the unauthorized work.
3.2 The Contractor shall perform all services required by the purchase orde r, but the
Contractor shall not be paid more than the negotiated Fixed Fee amount stated
therein.
25-21-QT Page 38 of 58
3.3 The Contractor may invoice the amount due based on the percentage of total
services performed and completed, but in no event shall the invoice amount
exceed a percentage of the Fixed Fee amount equal to a percentage of the total
services completed.
3.4 The City shall make payments to the Contractor when requested as work
progresses for services furnished, but not more than once monthly. Each
purchase order shall be invoiced separately. The Contractor shall render to the
City, at the close of each calendar m onth, an itemized invoice properly dated,
describing any services rendered, the cost of the services, the name and address
of the Contractor, purchase order number, contract number, and all other
information required by this agreement.
SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED
4.1 Execution of this agreement by the Contractor is a representation that the
Contractor is familiar with the services to be performed and local conditions. The
Contractor shall make no claim for additional tim e or money based upon its failure
to comply with this agreement. The Contractor has informed the City, and hereby
represents to the City, that it has extensive experience in performing and providing
the services and/or goods described in this agreement and to be identified in the
purchase orders and that it is well acquainted with the work conditions and the
components that are properly and customarily included within such projects and
the requirements of laws, ordinance, rules, regulations or orders of any public
authority or licensing entity having jurisdiction over the City's projects. Execution
of a purchase order shall be an affirmative and irrefutable representation by the
Contractor to the City that the Contractor is fully familiar with all requisite work
conditions of the provisions of the goods and/or services.
SECTION 5: CHANGE ORDERS
5.1 The City may revise the scope of services outlined in any particular purchase order.
5.2 Revisions to any purchase order shall be authorized in writing by the City as a
change order. Each change order shall include a schedule of completion for the
services authorized. Change orders shall identify this agreement and the
appropriate purchase order number. Change orders may contain additional
instructions or provisions specific to certain aspects of this agreement pertinent to
the services provided. Such supplemental instructions or provisions shall not be
construed as modifying this agreement. An agreement between the parties on and
execution of any change order shall constitute a final settlement and a full accord
and satisfaction of all matters relating to the change and to the impact of the
change on unchanged goods and/or work, including all direct and indirect costs of
whatever nature, and all adjustments to the Contractor’s schedule.
25-21-QT Page 39 of 58
SECTION 6: CONTRACTOR RESPONSIBILITIES
6.1 The Contractor shall be responsible for the professional quality, accepted
standards, technical accuracy, neatness of appearance of employees, employee
conduct, safety, and the coordination of all goods and/or services furnished by the
Contractor under this agreement as well as the conduct of its staff, personnel,
employees, and agents. The Contractor shall provide the City a list of employees
working days, times, and assignments within two (2) hours of the City’s request for
such information, which the City may request. The Contractor shall provide
employee addresses and driver’s licenses. All Contractor employees shall at all
times wear identification badges which, at a minimum, give the name of the
employee and the Contractor. The Contractor shall work closely with the City to
provide the goods and/or services. Concerning services, the Contractor shall be
responsible for the professional quality, technical accuracy, competence,
methodology, accuracy, and coordination of all of the following, which are listed for
illustration purposes only and not as a limitation: documents, analysis, reports,
data, plans, plats, maps, surveys, specifications, and all other services of whatever
type or nature furnished by the Contractor under this agreement. Without
additional compensation, the Contractor shall correct or revise any errors or
deficiencies in its plans, analysis, data, reports, designs, drawings, specifications,
and any and all other services of whatever type or nature. The Contractor’s
submissions in response to the subject bid or procurement processes are
incorporated herein by this reference.
6.2 Neither the City’s review, approval, or acceptance of nor payment for any of the
goods and/or services required shall be construed to operate as a waiver of any
rights under this agreement or of any cause of action arising out of the performance
of this agreement and the Contractor shall be and remain liable to the City per
applicable law for all damages to the City caused by the Contractor’s negligent or
improper performance or failure to perform any of the goods and/or services
furnished under this agreement.
6.3 The rights and remedies of the City, provided for under this agreement, are in
addition to any other rights and remedies provided by law.
6.4 Time is of the essence in the performance of all goods and/or services provided
by the Contractor under the terms of this agreement and every purchase order.
SECTION 7: CITY RIGHTS AND RESPONSIBILITIES
7.1 The City shall reasonably cooperate with the Contractor promptly at no cost to the
Contractor as outlined in this Section.
7.2 The City shall furnish a City project manager to administer, review, and coordinate
25-21-QT Page 40 of 58
the provision of services under purchase orders.
7.3 The City shall make City personnel available where, in the City’s opinion, they are
required and necessary to assist the Contractor. The availability and necessity of
said personnel to assist the Contractor shall be determined solely at the discretion
of the City.
7.4 The City shall examine all of the Contractor's services and indicate the City's
approval or disapproval within a reasonable time so as not to delay the provisions
of services of the Contractor materially.
7.5 The City shall transmit instructions and relevant information and interpret and
define City policies and decisions concerning all materials and other matters
pertinent to the services covered by this agreement.
7.6 The City shall give written notice to the Contractor whenever the City's designated
representative knows of a development that affects the goods and/or services
provided and performed under this agreement, the timing of the Contractor ’s
provision of goods and/or services, or a defect or change necessary in the
Contractor's goods and/or services.
7.7 The rights and remedies of the City provided under this agreement are in addition
to any other rights and remedies provided by law. The City may assert its right of
recovery by any appropriate means including, but not limited to, set -off, suit,
withholding, recoupment, or counterclaim, either during or after the performance
of this agreement as well as the adjustment of payments made to the Contractor
based upon the quality of work of the Contractor.
7.8 The City shall be entitled to recover all legal costs, including, but not limited to,
attorney fees and other legal costs, that it may incur in any legal actions it may
pursue to enforce the terms and conditions of this agreement or the responsibilities
of the Contractor in carrying out the duties and responsibilities deriving from this
agreement.
7.9 The failure of the City to insist in any instance upon the strict performance of any
provision of this agreement or to exercise any right or privilege granted to the City
hereunder shall not constitute or be co nstrued as a waiver of any such provision
or right and the same shall continue in force.
7.10 Neither the City’s review, approval, or acceptance of nor payment for any of the
goods and/or services required shall be construed to operate as a waiver of any
rights under this agreement nor any cause of action arising out of the performance
of this agreement and the Contractor shall be and always remain liable to the City
per applicable law for all damages to the City or the public caused by the
Contractor’s negligent or wrongful provision or performance of any of the goods
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and/or services furnished under this agreement.
7.11 After final payment is made to the Contractor, all deliverable analysis, reference
data, survey data, plans, reports, or any other form of written instrument or
document that may result from the Contractor’s services or have been creat ed
during the Contractor’s performance under this agreement shall become the
property of the City.
SECTION 8: COMPENSATION
8.1 Compensation for performance of work per Exhibit A, subject to additions and
deletions by change order as provided for in this agreement.
8.2 Compensation to the Contractor shall be as outlined in the purchase order, which
assigns services to be accomplished by the Contractor.
8.3 The Contractor shall be paid per the charges outlined in Exhibit “B” attached
hereto.
8.4 There are no reimbursable expenses to be paid to the Contractor except as
specifically set forth herein.
SECTION 9: INVOICE PROCESS
9.1 Invoices, in an acceptable form to the City and without disputable items, will be
processed for payment within thirty (30) days of receipt by the City.
9.2 The City will notify the Contractor of any disputable items in invoices submitted by
the Contractor within fifteen (15) days of receipt, explaining the deficiencies.
9.3 The City and the Contractor will try to resolve all disputable items in the
Contractor’s invoices.
9.4 Each invoice shall reference this agreement, the appropriate purchase order and
Change Order if applicable, and the billing period.
9.5 The Florida Prompt Payment Act shall apply when applicable. A billing period
represents the dates in which the Contractor completed goods and/or services
referenced in an invoice.
9.6 Invoices are to be forwarded directly to:
Finance Department
City of Sebastian
1225 Main Street
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Sebastian, FL 32958
SECTION 10: COMMENCEMENT SCHEDULE OF AGREEMENT
10.1 The Contractor shall commence providing services as described in this agreement
upon execution of a purchase order issued by the City.
10.2 The Contractor and the City agree to make every effort to adhere to the schedules
required by the City or as established for the various purchase orders as described
in each purchase order. However, if the Contractor is delayed at any time in the
provision of goods and/or services by any act or omission of the City, or of any
employee, tumult of the City, or by any other Contractor employed by the City, or
by changes ordered by the City, or by strikes, lockouts, fire, unu sual delay in
transportation, terrorism, unavoidable casualties, or any other causes of force
majeure not resulting from the inactions or actions of the Contractor and beyond
the Contractor’s control which would not reasonably be expected to occur in
connection with or during performance or provision of the goods and/or services,
or by delay authorized by the City pending a decision, or by any cause which the
City shall decide to justify the delay, the time of completion shall be extended for
such reasonable time as the City may decide in its sole and absolute discretion. It
is further expressly understood and agreed that the Contractor shall not be entitled
to any damages or compensation or be reimbursed for any losses due to any delay
or delays resulting from any of the causes as mentioned earlier or any other cause
whatsoever.
SECTION 11: TERM/LENGTH OF AGREEMENT
11.1 The initial term of the Agreement is for a term of two years. The Agreement may
be renewed by the parties for two additional terms of one year if agreed to in writing
thirty days prior to the end of the initial term.
11.2 The City has the right to extend any contract for the period necessary for the
Contractor to complete their contractual obligations and/or release, award, and
implement a replacement agreement. Such extension shall be based on the same
prices, terms, and conditions this contract outlines.
SECTION 12: DESIGNATED REPRESENTATIVES
12.1 The City designates the City Manager or their designated representative, to
represent the City in all matters pertaining to and arising from the work and the
performance of this agreement.
12.2 The City Manager, or his/her designated representative, shall have the following
responsibilities:
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12.2.1 Examination of all work and rendering, in writing, decisions indicating the
City's approval or disapproval within a reasonable time so as not to
materially delay the work of the Contractor;
12.2.2 Transmission of instructions, receipt of information, and interpretation and
definition of City's policies and decisions with respect to design, materials,
and other matters pertinent to the work covered by this agreement;
12.2.3 Giving prompt written notice to the Contractor whenever the City official
representative knows of a defect or change necessary in the project; and
12.2.4 Coordinating and managing the Contractor’s preparation of any necessary
applications to governmental bodies to arrange for submission of such
applications.
12.3 Until further notice from the City Manager, the designated representative for this
agreement is concerning this section of the Agreement:
City Representative & Contact Information
The Contractor’s designated representative is:
Contractor Representative & Contact Information
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SECTION 13 - LIQUIDATED DAMAGES
13.1 Upon failure of the Contractor to complete the project by the Completion Date,
the Contractor shall pay the City the sum of One Hundred Dollars ($100) for every
calendar day until the project reaches the Substantial Completion Date, as fixed
and agreed liquidated damages and not as a penalty to represent the damages
the City will sustain in the event of delay. The Parties agree and recognize the
impossibility of precisely ascertaining the number of damages the City will sustain
if the Contractor fails to achieve the Substantial Completion Date timely.
13.2 When the Contractor defaults on 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.
SECTION 14: TERMINATION FOR CAUSE OR CONVENIENCE.
14.1 Notwithstanding any other provision of this agreement, the City shall have the right
at any time to terminate this agreement in its entirety, with or without cause, as
outlined herein.
14.2 WITH CAUSE: If the Contractor is found to have failed to perform services in a
manner satisfactory to the City, the Contractor shall have ten (10) days to correct
deficiencies.
14.2.1 Failure of the Contractor to remedy said specified deficiencies within ten
(10) days of receipt of such notice shall result in the termination of the
agreement, and the City shall be relieved of any responsibilities and
liabilities under the terms and provisions of the contract.
14.3 WITHOUT CAUSE: The City shall have the right to terminate this agreement
without cause with thirty (30) days' written notice to the Contractor. Notice shall be
served to the parties as specified in the agreement.
14.4 Upon receipt of notice of termination, the Contractor shall promptly discontinue the
provision of all services unless the notice provides otherwise.
14.5 If this agreement is terminated, the City shall identify any specific purchase
order(s) being terminated and the specific purchase order(s) to be continued to
completion according to the provisions of this agreement.
14.6 This agreement will remain in full force and effect as to all authorized purchase
order(s) to be completed as outlined above.
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SECTION 15: PAYMENT IN THE EVENT OF TERMINATION
15.1 In the event this agreement or any purchase order is terminated or canceled before
completion without cause, payment for the unpaid portion of the satisfactorily,
undisputed services provided by the Contractor before the date of termin ation will
be paid.
SECTION 16: EQUAL OPPORTUNITY EMPLOYMENT
16.1 The Contractor shall not discriminate based on race, color, sex, age, national
origin, religion, and disability or handicap by the provisions of: Title VI of the Civil
Rights Act of 1964 (42 U.S.C. § 2000 et seq.), Title VII of the Civil Rights Act of
1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.),
Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title
49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age
Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.), Title 49 CFR 21 and Title
49 CFR 23, Nondiscrimination based on handicap, Title 49 CFR 27, Americans
with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq.), Federal Fair Labor
Standards Act (29 U.S.C. § 201, et seq.), and any other federal and state
discrimination statutes. The contractor shall furnish pertinent information regarding
its employment policies and practices and those of their proposed s ubcontractors
the City may require. The above shall be required of any subcontractor hired by
the Contractor. All equal employment opportunity requirements shall be included
in all non-exempt subcontracts entered into by the Contractor. Subcontracts
entered into by the Contractor shall also include all other applicable labor
provisions. No subcontract shall be awarded to any noncomplying subcontractor.
Additionally, the Contractor shall insert in its subcontracts a clause requiring
subcontractors to include these provisions in any lower tier subcontracts that may
be made. The Contractor shall comply with all state laws and local ordinances.
SECTION 17: INDEMNIFICATION
17.1 The Contractor and any subcontractors shall indemnify, defend and hold harmless
the City, and its officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or its subcontractors and other persons employed or utilized by the
Contractor or its subcontractors in the performance of the contract; irrespective 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 City or
its officers, directors, agents, or employees. Upon request of the City, the
Contractor or its subcontractors 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 subcontractors shall pay any cost
25-21-QT Page 46 of 58
and reasonable attorneys’ fees that may be incurred by the City 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 under
Florida Statute §768.28 or any other sovereign or governme ntal immunity, nor an
admission of any liability. This provision shall survive the termination of this
agreement.
SECTION 18: INSURANCE
18.1 The Contractor shall obtain or possess and continuously maintain the following
insurance coverage from a company or companies with a Best Rating of A- or
better, authorized to do business in the State of Florida and a form acceptable to
the City and with only such terms and conditions as may be sufficient to the City:
18.1.1 Worker’s Compensation: The Contractor shall provide and maintain
Coverage for all employees for statutory limits as required by the State of
Florida’s Statutory Workers’ Compensation Law and all applicable Federal
laws. Any policy must include the Employer’s Liability with minimum
limits of $1,000,000 for each accident and a waiver of subrogation.
18.1.2 Comprehensive General Liability: The Contractor shall provide minimum
combined single limits of $1,000,000.00 for each occurrence /
$2,000,000.00 general aggregate for bodily injury and property damage
liability. This shall include premises/operations, personal & advertising
injury, products & completed operations, broad form property damage,
personal and advertising injury, and contractual liability coverage.
18.1.3 Comprehensive Automobile Liability: The Contractor shall provide minimum
liability limits of $1,000,000.00 for each accident, combined with a single
limit for bodily injury and property damage. This shall include coverage for:
18.1.3.1 Owned Automobiles
18.1.3.2 Hired Automobiles
18.1.3.3 Non-Owned Automobiles
18.1.4 Umbrella/Excess Liability: The Contractor shall provide umbrella/excess
coverage with limits of no less than $1,000,000.00 excess of
Comprehensive General Liability, Automobile Liability, and Employers’
Liability. **This coverage is optional if the CONTRACTOR carries
$2,000,000 Commercial General Liability Insurance with a $2,000,000
general aggregate**
18.1.5 All insurance other than Worker’s Compensation to be maintained by the
Contractor shall specifically include the City as an additional insured.
18.2 The Contractor shall provide certificates of insurance to the City, evidencing that
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all such insurance is in effect before the issuance of the first purchase order under
this agreement from the City. These certificates of insurance shall become part of
this agreement. Neither approval by the City nor failure to disapprove the
insurance furnished by a Contractor shall relieve the Contractor of the Contractor’s
full responsibility for performance of any obligation, including the Contr actor’s
indemnification of the City under this agreement. If, during the period which an
insurance company is providing the insurance coverage required by this
agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no
longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the
requisite Best’s Rating and Financial Size Category, the Contractor shall, as soon
as the Contractor knows any such circumstance, immediately notify the City and
immediately replace the insurance coverage provided by the insurance company
with a different insurance company meeting the requirements of this agreement.
Until the Contractor has replaced the unacceptable insurer with insurance
acceptable to the City, the Contractor shall be deemed to be in default of this
agreement.
18.3 The insurance coverage shall contain a provision that requires that before any
changes in the coverage, except increases in aggregate coverage, thirty (30) days
prior notice will be given to the City by submission of a new certificate of insurance.
18.4 The Contractor shall furnish a certificate of insurance directly to the City ’s
procurement/contracts manager. The certificates shall indicate that the Contractor
has obtained insurance of the type, amount, and classi fication required by this
agreement.
18.5 Nothing in this agreement or any action relating to this agreement shall be
construed as the City’s waiver of sovereign immunity beyond the limits outlined in
Section 768.28, Florida Statutes.
18.6 The City shall not be obligated or liable under the terms of this agreement to any
party other than the Contractor. There are no third-party beneficiaries to this
agreement.
18.7 The Contractor is an independent Contractor and not an agent, representative, or
employee of the City. The City shall have no liability except as specifically provided
in this agreement.
18.8 All insurance shall be primary to, and not contribute to, any insurance or self -
insurance maintained by the City.
SECTION 19: STANDARDS OF CONDUCT
19.1 The Contractor shall promptly notify the City in writing of the filing of any voluntary
or involuntary petition for bankruptcy and/or any insolvency of the Design -Builder
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or any of its subcontractors involved in the provision of the Services under this
Agreement.
19.2 The Contractor hereby certifies that no undisclosed (in writing) conflict of interest
exists concerning the agreement, including, but not limited to, any conflicts that
may be due to the representation of other clients, customers, or vendees, othe r
contractual relationships of the Contractor, or any interest in property that the
Contractor may have. The Contractor further certifies that any conflict of interest
arising during this agreement's term shall be immediately disclosed in writing to
the City. Violation of this Section shall be considered as justification for immediate
termination of this agreement.
19.3 If the City determines that any employee or representative of the Contractor is not
satisfactorily performing his/her assigned duties or is de monstrating improper
conduct under any assignment or work performed under this agreement, the City
shall notify the Contractor in writing. The Contractor shall immediately remove such
employee or representative of the Contractor from such assignment.
19.4 The Contractor shall not publish any documents or release information regarding
this agreement to the media without prior approval of the City.
19.5 The Contractor shall certify, upon request by the City, that the Contractor maintains
a drug-free workplace policy following Section 287.0878, Florida Statutes. Failure
to submit this certification may result in termination of this agreement.
19.6 If the Contractor or an affiliate is placed on the convicted vendor list following a
conviction for a public entity crime, such action will result in termination of this
agreement by the City. Under a contract with any public entity, the contractor,
supplier, or subcontractor may not transact business with any public entity above
the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY
TWO for 36 months after being placed on the convicted vendor list.
19.7 Contractor certifies to the best of their knowledge and belief, that they and their
principals (1) are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by any
municipal, City, state or federal department or agency; (2) have not, within a three
year period preceding execution of this agreement, been convicted of 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,
state or local) transaction or contract under a public transaction; violation of federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records; making false statements; or receiving stolen
property; (3) 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 above; (4) have not within a three year period preceding
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execution of this Agreement had one or more public transactions (Federal, State,
or local) terminated for cause or default; and (5) will advise the City immediately if
their status changes and will explain the change in status.
19.8 The City reserves the right to unilaterally terminate this agreement if the Contractor
refuses to allow public access to all documents, papers, letters, or other materials
subject to provisions of Chapter 119, Florida Statutes, and other applicable law,
and made or received by the Contractor in conjunction, in any way, with this
agreement.
19.9 The Contractor shall comply with the requirements of the Americans with
Disabilities Act (ADA), and all related federal or state laws which prohibit
discrimination by public and private entities based on disability.
19.10 The City will not intentionally award publicly-funded contracts to any Contractor
who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e)
of the Immigration and Nationally Act (INA). The City shall consider the
employment by the Contractor of unauthorized aliens, a violation of Section
274A(e) of the INA. Such violation by the Contractor of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for immediate termination
of this agreement by the City.
19.11 The Contractor agrees to comply with federal, state, and local environmental,
health, and safety laws and regulations applicable to the goods and/or services
provided to the City. The Contractor agrees that any program or initiative involving
the work that could adversely affect any personnel involved, citizens, residents,
users, neighbors, or the surrounding environment will ensure compliance with all
employment safety, environmental, and health laws.
19.12 The Contractor shall ensure that all goods and/or services are provided to the City
after the Contractor has obtained any permits, licenses, permissions, approvals,
or similar consents at its sole and exclusive expense.
19.13 If applicable, per Section 216.347, Florida Statutes, the Contractor shall not use
funds provided by this agreement to lobby the Legislature, the judicial branch, or
state agency. Furthermore, Contractor shall not, in connection with the contract,
directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on
anyone as consideration for any City officer or employee’s decision, opinion,
recommendation, vote, other exercise of discretion, or violation of a known legal
duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or
at the direction or request of, any City officer or employee. “Gratuity” means any
payment of more than nominal monetary value in cash, travel, entertainment, gifts,
meals, lodging, loans, subscriptions, advances, money deposits, services,
employment, or contracts.
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19.14 The Contractor shall advise the City in writing who has been placed on a
discriminatory vendor list, may not submit a bid on a contract to provide goods or
services to a public entity, or may not transact business with any public entity.
19.15 The Contractor shall not engage in any action that would create a conflict of interest
in the performance of that actions of any City employee or other person during the
performance of, or otherwise related to, this agreement or which would violate or
cause others to violate the provisions of Part III, Chapter 112, Florida Statutes,
relating to ethics in government.
SECTION 20: PUBLIC RECORDS
20.1 The Contractor will keep and maintain public records required by the City to
perform the service. Upon request from the City’s custodian of public records, the
Contractor will provide the City with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time and at a cost that does
not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise
provided by law. Upon completion of the Agreement, the Contractor will tra nsfer,
at no cost, to the City all public records in possession of the Contractor or keep
and maintain public records required by the City to perform the service. The
Contractor will ensure that the public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by law for the term of the Agreement and following completion of the
Agreement if the Contractor does not transfer the records to the City. If the
Contractor keeps and maintains public records upon completion of the Agreement,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the City, upon request from
the City’s custodian of public records, in a format that is compatible with the
information technology system of the City. If the Contractor does not comply with
the City’s request for public records, the City shall enforce the provisions of the
Agreement per the terms of the Agreement and may terminate the Agreement.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT JEANETTE
WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN
STREET, SEBASTIAN, FL 32958; EMAIL:
jwilliams@Cityofsebastian.org; PHONE: 772-388-8215.
SECTION 21: CODES AND DESIGN STANDARDS
21.1 All services to be performed by the Contractor shall, at a minimum, be in
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conformance with commonly accepted industry and professional codes and
standards, standards of the City, and the laws of any federal, state, and local
regulatory agencies.
21.2 The Contractor shall be responsible for keeping apprised of any ch anging laws
applicable to the goods and/or services to be performed under this agreement.
SECTION 22: ASSIGNABILITY
22.1 The Contractor shall not sublet, assign, or transfer any interest in this agreement
or claims for the money due or to become due out of this agreement to a bank,
trust company, or other financial institution without written City approval. When
approved by the City, written notice of such assignment or transfer shall be
furnished promptly to the City.
22.2 The Contractor agrees to reasonably participate in the contract “piggybacking”
programs pertinent to local governments.
SECTION 23: SUBCONTRACTORS
23.1 Any Contractor’s proposed subcontractors shall be submitted to the City for written
approval before the Contractor enters a subcontract. Subcontractor information
shall include, but not be limited to, state registrations, business address,
occupational license tax proof of payment, and insurance certifications.
23.2 The Contractor shall coordinate the provision of goods and/or services and work
product of any City approved subcontractors and remain fully responsible for such
goods and/or services and work under the terms of this agreement.
23.3 Any subcontract shall be in writing and shall incorporate this agreement and
require the subcontractor to assume the performance of the Contractor’s duties
commensurately with the Contractor’s responsibilities to the City under this
agreement; it is understood that nothing herein shall in any way relieve the
Contractor from any of its duties under this agreement . The Contractor shall
provide the City with executed copies of all subcontracts.
23.4 The Contractor shall reasonably cooperate with the City and other City Contractors
and professionals.
SECTION 24: CONTROLLING LAWS/VENUE/INTERPRETATION/WAIVER OF JURY
TRIAL
24.1 The laws of the State of Florida shall govern the agreement. In the event of
litigation arising under this agreement, the venue of such action shall be an
appropriate State or Federal Court in and for Indian River County, Florida. The
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parties agree that in the event of litigation arising from this agreement, each shall
waive any right to trial by jury.
24.2 This agreement is the result of bona fide arms-length negotiations between the
City and the Contractor, and all parties have contributed substantially and
materially to the preparation of the agreement. Accordingly, this agreement shall
not be construed or interpreted more strictly against any one party than against
any other party.
SECTION 25: FORCE MAJEURE
25.1 Neither party shall be considered in default in the performance of its obligations
hereunder to the extent that the performance of such obligations, or any of them,
is delayed or prevented by Force Majeure. Force Majeure shall include, but not
be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic,
pandemic, fire, flood, wind, earthquake, explosion, any law, proclamation,
regulation, or ordinance or other act of government, or any act of God or any cause
whether of the same or different nature, existing or future; provided that the cause
whether or not enumerated in this Section is beyond the control and without the
fault or negligence of the party seeking relief under this Section.
SECTION 26: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT .
26.1 This agreement and the exhibit(s) constitute the entire integrated agreement
between the City and the Contractor and supersedes all prior written or oral
understandings in connection therewith. This agreement and all the terms and
provisions contained herein, including without limitation the exhibits hereto,
constitute the full and complete agreement between the parties hereto to the date
hereof and supersedes and controls over any prior agreements, understandings,
representations, correspondence, and statements whether written or oral.
26.2 This agreement may only be amended, supplemented, or modified by a formal
written amendment.
26.3 Any alterations, amendments, deletions, or waivers of the provisions of this
agreement shall be valid only when expressed in writing and duly signed by the
parties.
SECTION 27: NOTICES
27.1 Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by email and/or registered United States mail, with return
receipt requested, addressed to the party for whom it is intended, at the place last
specified. The place for giving notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this Section.
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27.2 For the present, the parties designate the following as the representative places
for giving of notice, to wit:
TO THE CITY:
City Manager Procurement/Contracts Manager
City of Sebastian City of Sebastian
1225 Main Street 1225 Main Street
Sebastian, FL 32958 Sebastian, FL 32958
P: 772-388-8231
E: jessgraham@cityofsebastian.org
TO THE CONTRACTOR:
Contractor Name and Address
27.3 Written notice requirements of this agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies
hereunder. The Contractor agrees not to claim any waiver by the City of such
notice requirements based upon the City having actual knowledge, implied, verbal
or constructive notice, lack of prejudice, or any other grounds as a substitute for
the failure of the Contractor to comply with the express written notice requirements
herein. Computer notification (e-mails and message boards) shall not constitute
proper written notice under the terms of the agreement.
SECTION 28: WAIVER
28.1 The failure of the City to insist in any instance upon the strict performance of any
provision of this agreement or to exercise any right or privilege granted to the City
hereunder shall not constitute or be construed as a waiver of any such provision
or right and the same shall continue in force.
SECTION 29: NO GENERAL CITY OBLIGATION
29.1 In no event shall any obligation of the City under this agreement be or constitute a
general obligation or indebtedness of the City, a pledge of the ad valorem taxing
power of the City, or a general obligation or indebtedness of the City within the
meaning of the Constitution of the State of Florida or any other applicable laws,
but shall be payable solely from legally available revenues and funds.
29.2 The Contractor shall not have the right to compel the exercise of the ad valorem
taxing power of the City.
SECTION 30: EXHIBITS
30.1 Each exhibit referred to and attached to this agreement is an essential part of this
agreement. The exhibits and any amendments or revisions thereto, even if not
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physically attached hereto, shall be treated as if they are part of this agreement.
SECTION 31: SEVERABILITY/CONSTRUCTION
31.1 If any term, provision, or condition contained in this agreement shall, to any extent,
be held invalid or unenforceable, the remainder of this agreement, or the
application of such term, provision, or condition to persons or circumstances other
than those in respect of which it is invalid or unenforceable, shall not be affected
thereby, and each term, provision, and condition of this agreement shall be valid
and enforceable to the fullest extent permitted by law when consiste nt with equity
and the public interest.
31.2 All provisions of this agreement shall be read and applied in para materia with all
other provisions hereof.
SECTION 32: SURVIVAL
32.1 All express representations, waivers, indemnifications, and limitations of liability
included in this agreement shall survive completion or termination of the
agreement for any reason.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
agreement on the respective dates under each signature: the City through its City Council
taking action on the ________________, and the Contractor signing by and through its
duly authorized corporate officer having the complete authority to execute same.
ATTEST: COMPANY NAME
By:
_____________________________ _____________________________
Witness Name contractor name and title
Date: ______________________
ATTEST: CITY OF SEBASTIAN, FL
By:
_____________________________ _____________________________
Jeanette Williams, MMC Brian Benton, City Manager
City Clerk
Date: ______________________
For the use and reliance of the City of
Sebastian only. Approved as to form
and legal sufficiency.
_____________________________
Jennifer D. Cockcroft, Esq.
City Attorney
Exhibit “A”
Scope of Services
Exhibit “B”
Price Proposal
Exhibit “C”
Evidence of Authority