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EXCEPT FOR CLEARLY. MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK
<br />YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART
<br />THEREOF AS COPYRIGHTED.
<br />3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it,
<br />unless the bidding firth has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such
<br />affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and
<br />prohibition from engaging in any business with the City.
<br />3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to
<br />waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the
<br />right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City.
<br />The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and
<br />specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the
<br />responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required;
<br />whether the Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgment,
<br />experience and efficiency of the Bidder, the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related
<br />laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or services to
<br />the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid.
<br />If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial
<br />period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past.
<br />This procedure to continue until a bidder is selected or the contract is re-bid, at the sole option of the City.
<br />3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern
<br />development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between
<br />person(s) submitting a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person,
<br />natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof.
<br />3.19 BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the city to
<br />follow the city's procurement ordinance or any applicable law may protest to the chief procurement officer, by delivering a letter of protest to the
<br />director of finance within five (5) days after a notice of intent to award is posted on the city's web site at the following url:
<br />https://www.fordauderdale.gov/departments/finance/procurement•services/notices-of-intent-to-award
<br />The complete protest ordinance may be found on the city's web site at the following url:
<br />https://library.municode.com/fl/fort_lauderdale/Codestcode_of ordinances?nodeid=coor_ch2ad_artvfr_div2pr s2-182direpr
<br />PART IV BONDS AND INSURANCE
<br />4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after
<br />notification of award, famish to the City a Performance Bond, payable to the City of Fort Lauderdale, Florida, in the face amount specified in Special
<br />Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for
<br />each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The Performance
<br />Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent.
<br />Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed
<br />to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this
<br />Agreement by the Contractor.
<br />4.02 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in
<br />Special Conditions.
<br />The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those
<br />ceniftcates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractor's insurance is subject to the approval of
<br />the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance and shall have no less than
<br />thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements maybe made at the sole discretion
<br />of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by
<br />such modifications.
<br />PART V PURCHASE ORDER AND CONTRACT TERMS:
<br />5.01 COMPLIANCE WITH SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance with bid
<br />specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation
<br />resulting in contract termination for cause or delivery of items not conforming to specifications, or late delivery may also result in:
<br />Bidder's name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award
<br />during that period.
<br />All City Departments being advised to refrain from doing business with the Bidder.
<br />All other remedies in law or equity.
<br />5.02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a
<br />physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the
<br />required quality, new, and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include
<br />standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be
<br />returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services.
<br />5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and
<br />Health Act of 1970 as amended.
<br />Rev. 10/2022 Page 4 CAM #23-0426
<br />Exhibit 1
<br />Page 31 of 43
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