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freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No
<br />attempt shall be made to tie any item or items contained in the ITB with any other business with the City.
<br />3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption
<br />number for EIN is 59-6000319, and State Sales tax exemption number is 85-8013875578C-1.
<br />3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only.
<br />No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will famish the City's needs as they arise.
<br />3.06 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of
<br />APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will
<br />be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of
<br />quality and features desired by the City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to
<br />provide adequate information, in the bid, to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with
<br />the bid, it maybe rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal.
<br />3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum,
<br />mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder
<br />must notify the Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the
<br />deadline contained in the ITB, for questions of material nature, or prior to five (5) days before bid due and open date, whichever occurs first. If no
<br />such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all bidders.
<br />3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special
<br />conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions
<br />imposed in the contract.
<br />3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in
<br />Special Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working
<br />days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the
<br />Bidder, be returned within thirty (30) days of bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to
<br />award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to
<br />provide samples or demonstrations as specified by the City may result in rejection of bid.
<br />3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In
<br />using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity,
<br />energy usage, environmental impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will
<br />most accurately estimate total cost of use and ownership.
<br />3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Fort Lauderdale encourages Bidders to
<br />submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide
<br />documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be
<br />recycled. When specifically stated in the ITB, the City may give preference to bids containing items manufactured with recycled material or packaging
<br />that is able to be recycled.
<br />3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other
<br />available governmental contracts, if such action is in its best interest.
<br />3.13 QUALIFICATIONSANSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services
<br />specified herein. The City reserves the right to inspect the Bidder's facilities, equipment, personnel, and organization at any time, or to take any other
<br />action necessary to determine Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is
<br />determined to indicate inability to perform.
<br />3.14 810 SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond
<br />or cashier's check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to
<br />the successful bidder after acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract
<br />documents, if required; or conditions as stated in Special Conditions.
<br />3.15 PUBLIC RECORDS/TRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law, which is
<br />subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public Records Law"). The City shall
<br />permit public access to all documents, papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this
<br />RFP, subject to the provisions of Chapter 119.07 of the Florida Statutes.
<br />Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP,
<br />except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any
<br />documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07
<br />("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt.
<br />The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any
<br />information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall
<br />be final, and the proposer agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or
<br />damages incurred by any person or entity as a result of the City's treatment of records as public records. In addition, the proposer agrees to defend,
<br />indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a
<br />result of the City's treatment of records as exempt from disclosure or confidential. Proposals bearing copyright symbols or otherwise purporting to be
<br />subject to copyright protection in full or in part may be rejected. The proposer authorizes the City to publish, copy, and reproduce any and all
<br />documents submitted to the City bearing copyright symbols or otherwise purporting to be subject to copyright protection.
<br />Rev. 10/2022 Page 3 CAM #23-0426
<br />Exhibit 1
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