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aside programs in place, it is committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a
<br />narrative describing their past accomplishments and intended actions in this area If proposers are considering minority or women owned enterprise
<br />participation in their proposal, those firms, and their specific duties have to be identified in the proposal. Ifa proposer is considered for award, he or she
<br />will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract.
<br />1.11 SCRUTINIZED COMPANIES: As a condition precedent to the effectiveness of this Agreement, subject to Odebrecht Construction. Inc.. v. Prasad,
<br />876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation, 715 F.3d 1268 (1 Ith
<br />Cir. 2013), with regard to the "Cuba Amendment," the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or
<br />the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria, as
<br />provided in section 287.135, Florida Statutes (2022), as may be amended or revised. As a condition precedent to any contract for goods or services of
<br />any amount and as a condition precedent to the renewal of any contract for goods or services of any amount, the Contractor certifies that it is not on the
<br />Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2022), and that it is not engaged in a boycott of
<br />Israel. The City may terminate this.Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under
<br />subsection (5) of section 287.135, Florida Statutes (2022), as may be amended or revised, or been placed on the Scrutinized Companies with Activities
<br />in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel
<br />List created pursuant to Section 215.4725, Florida Statutes (2022), as may be amended or revised, or is engaged in a boycott of Israel, or has been
<br />engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2022), as may be amended or revised.
<br />1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS
<br />The bidder or proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently
<br />debarred or suspended by any Federal department or agency.
<br />Part II DEFINITIONS/ORDER OF PRECEDENCE:
<br />2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions
<br />to bidders, addenda and any other document used in the bidding process:
<br />INVITATION TO BID (ITB) The solicitation document used for soliciting competitive sealed bids for goods or services.
<br />INVITATION TO NEGOTIATE (ITN) All solicitation documents, regardless of medium, whether attached to or incorporated by reference in
<br />solicitations for responses from firms that invite proposals from interested and qualified firms so the city may enter into negotiations with the firm(s)
<br />determined most capable of providing the required goods or services.
<br />REQUEST FOR PROPOSALS (RFP) A solicitation method used for soliciting competitive sealed proposals to determine the best value among
<br />proposals for goods or services for which price may not be the prevailing factor in award of the contract, or the scope of work, specifications or contract
<br />terms and conditions may be difficult to define. Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal
<br />using identified and generally weighted evaluation criteria. RFPs may include price criteria whenever feasible, at the discretion of the city.
<br />REQUEST FOR QUALIFICATIONS (RFQ) A solicitation method used for requesting statements of qualifications in order to determine the most
<br />qualified proposer for professional services.
<br />BID — a price and terms quote received in response to an ITB.
<br />PROPOSAL — a proposal received in response to an RFP.
<br />BIDDER — Person or firm submitting a Bid.
<br />PROPOSER— Person or firm submitting a Proposal.
<br />RESPONSIVE BIDDER — A firm who has submitted a bid, offer, quote, or response which conforms in all material respects to the competitive
<br />solicitation document and all of its requirements.
<br />RESPONSIBLE BIDDER — A firm who is fully capable of meeting all requirements of the solicitation and subsequent contract. The respondent must
<br />possess the full capability, including financial and technical, ability, business judgment, experience, qualifications, facilities, equipment, integrity,
<br />capability, and reliability, in all respects to perform fully the contract requirements and assure good faith performance as determined by the city.
<br />FIRST RANKED PROPOSER — That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City
<br />after applying the evaluation criteria contained in the RFP.
<br />SELLER — Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City.
<br />CONTRACTOR — Any firth having a contract with the city. Also referred to as a "Vendor".
<br />CONTRACT — All types of agreements, including purchase orders, for procurement of supplies, services, and construction, regardless of what these
<br />agreements may be called.
<br />CONSULTANT— A firm providing professional services for the city.
<br />2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions
<br />shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the
<br />General Conditions shall prevail in their entirety,
<br />PART III BIDDING AND AWARD PROCEDURES:
<br />3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise
<br />specified. Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to
<br />be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be
<br />printed, typewritten or filled in with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate
<br />sealed envelopes properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single
<br />envelope or package properly sealed and identified. Only send bids via facsimile transmission (FAX) if the ITB specifically states that bids sent via
<br />FAX will be considered. If such a statement is not included in the ITB, bids sent via FAX will be rejected. Bids will be publicly opened in the
<br />Procurement Office, or other designated area, in the presence of Bidders, the public, and City staff. Bidders and the public are invited and encouraged to
<br />attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations.
<br />3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with
<br />an updated model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model
<br />with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements.
<br />3.03 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in
<br />computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears
<br />Rev. 10/2022 Page 2 CAM #23-0426
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