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INSTRUCTIONS TO PROPOSER / GENERAL TERMS AND CONDITIONS <br />THESE INSTRUCTIONS ARE STANDARD FOR ALL PROPOSAL COMMODITIES /SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES <br />BEACH MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN <br />SPECIAL INSTRUCTIONS TO PROPOSERS OR IN THE PROPOSAL SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL <br />CONDITIONS SHALL HAVE PRECEDENCE. PROPOSER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS PROPOSAL OR RFP SHALL PREVAIL OVER ANY <br />CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE PROPOSER REGARDLESS OF ANY LANGUAGE IN PROPOSER'S CONTRACT TO THE <br />CONTRARY. <br />1.1 CLARIFICATION /EXPLANATION /QUESTIONS: <br />1.6 <br />PROPOSAL DEADLINE: <br />Any questions concerning the Proposal Specifications or any <br />required need for clarification must be made to Lynn M. Dannheisser <br />Proposals must be submitted no later than the time and date shown <br />via email: Dannheisser @sunnyislesbeachfoundation.org with a copy <br />within this document. <br />to Jane A. Hines, MMC, City Clerk via email to: ihines(a)sibfi.net or <br />via regular mail at: Jane A. Hines, MMC, City Clerk, City of Sunny <br />1.7 <br />SEALED PROPOSAL: <br />Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. <br />Such requests for clarification /explanation or questions must be <br />The entire Proposal Response Package (with all items listed on the <br />made in writing to Jane A. Hines, MMC, City Clerk, at least five (5) <br />Proposal Checklist form and all other items required within this <br />business days prior to the date of the Proposal opening. <br />Request for Proposal must be executed) shall be submitted in an <br />Interpretations or clarifications considered necessary by the City will <br />opaque, sealed envelope. <br />be issued by addenda and posted /disseminated by DemandStar <br />(www.demandstar.com) to all parties listed on the official plan <br />1.8 <br />PROPOSAL EXECUTION. SIGNATURES, <br />holders' list as having received the Proposal documents. Only <br />ERASURE /CORRECTION: <br />questions answered by written addenda shall be binding. Oral <br />interpretations or clarifications shall be without legal effect. No plea <br />All Proposals shall be signed in blue ink. All price quotes shall be <br />of ignorance or delay or required need of additional information shall <br />typewritten or printed with ink. A l corrections made by the <br />exempt a Proposer from submitting their Proposal on the required <br />Proposer(s) prior to the opening must be initialed and dated by the <br />date and time as publicly noted. <br />Proposer(s). No changes or corrections will be allowed after <br />Proposals are opened. Proposals must contain an original, manual <br />1.2 PLAN HOLDER'S LIST: <br />signature of an authorized representative of the company. <br />As a convenience to Proposers, the City of Sunny Isles Beach has <br />1.9 <br />WITHDRAWAL OF PROPOSALS: <br />made available lists of all plan holders for each Request for Proposal. <br />The information is available on -line at www.demandstar.com or by <br />Proposers may withdraw Proposals only by written request and shall <br />calling the Office of the City Clerk at 305.792.1703. <br />forward the withdrawal request via "Certified U.S. Mail — Return <br />Receipt Requested" prior to the Proposal opening time. Negligence <br />1.3 ADDENDA TO SPECIFICATIONS: <br />on the part of the Proposers in preparing the Proposal confers no <br />right for the withdrawal of the Proposal after it has been opened. <br />If any addenda are issued after the initial specifications are released, <br />the City will post and disseminate the addenda through DemandStar. <br />1.10 <br />PROPOSAL OPENING: <br />For those projects with separate plans, blue prints, or other materials <br />that cannot be accessed through the Internet, the Office of the City <br />Proposals will be opened publicly at the time and place stated in the <br />Clerk will make good faith effort to ensure that all registered <br />Notice to Proposer. It is the responsibility of the Proposers to insure <br />Proposers (those who have been registered as receiving a Proposal <br />that the Proposal reaches the Office of the City Clerk on or before <br />package) receive the documents. It is the responsibility of the <br />the closing hour and date stated on the Request for Proposal. After <br />Proposer, prior to the submission of any Proposal, to check the <br />the Proposal opening, the contents of the Proposal Form will be <br />above website or contact the Office of the City Clerk at 305.792.1703 <br />made public for the information of Proposers and other interested <br />to verify any addenda issued. The receipt of all addenda must be <br />parties who may be present either in person or by representative. <br />acknowledged on the Proposal Response Sheet. <br />Proposals that are received after the Proposal opening time will not <br />be considered and will not be returned. <br />1.4 SPECIAL ACCOMMODATIONS: <br />1.11 <br />EVALUATION OF PROPOSALS: <br />Any person requiring a special accommodation at a Pre - Proposal <br />Conference or Proposal /RFP /RFP opening because of a disability <br />The City, at its sole discretion, reserves the right to inspect any /all <br />should call the Office of the City Clerk at 305.792.1703 at lease five <br />Proposers facilities to determine their capability of meeting the <br />(5) days prior to the Pre - Proposal Conference or Proposal /RFP /RFP <br />requirements for the Contract. Also, price, responsibility, and <br />opening. If you are hearing or speech impaired, please contact the <br />responsiveness of the Proposers, the financial position, experience, <br />Office of the City Clerk by calling the City of Sunny Isles Beach using <br />staffing, equipment, materials, references, and past history of service <br />the Florida Relay Service which can be reached at 1.800.955.8771 <br />to the City and /or with other units of state, and /or local governments <br />(TDD). <br />in Florida, or comparable private entities, will be taken into <br />consideration in the Award of the Contract. <br />1.5 PUBLIC ENTITY CRIMES STATEMENT: <br />1.11.1 Hold Harmless: All Proposers shall hold the City, its <br />Pursuant to the provisions of paragraph (2) (a) of section 287.133, <br />officials and employees harmless and covenant not to <br />Florida Statutes "a person or affiliate who has been placed on the <br />sue the City, its officials and employees in reference to <br />convicted vendor list following a conviction for a public entity crime <br />their decisions to reject, award, or not award a <br />may not submit a Proposal on a contract to provide any goods or <br />Proposal, as applicable. <br />services to a public entity, may not submit a Proposal on a contract <br />1.11.2 Cancellation: Failure on the part of the Proposer to <br />with a public entity for the construction or repair of a public building <br />comply with the conditions, specifications, <br />or public work, may not submit Proposals on leases of real property <br />requirements, and terms as determined by the City, <br />to a public entity, may not be awarded to perform work as a <br />shall be just cause for cancellation of the Award. <br />Contractor, supplier, sub - Contractor, or consultant under a contract <br />1.11.3 Disputes: If any dispute concerning a question of fact <br />with any public entity, and may not transact business with any public <br />arises under the Contract, other than termination for <br />entity in excess of the threshold amount provided in section 287.107, <br />default or convenience, the Proposer and the City <br />for category two for a period of 36 months from the date of being <br />department responsible for the administration of the <br />placed on the convicted vendor list ". <br />Contract shall make a good faith effort to resolve the <br />City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01 <br />