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<br />CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 19-07-02 4 <br /> <br />SECTION 1 <br />INSTRUCTIONS TO PROPOSER/ GENERAL TERMS AND CONDITIONS <br /> <br />THESE INSTRUCTIONS ARE STANDARD FOR ALL PROPOSAL COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY <br />DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO <br />PROPOSER’S OR IN THE PROPOSAL SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. <br />PROPOSER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS PROPOSAL OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD <br />FORM CONTRACT OF THE PROPOSER REGARDLESS OF ANY LANGUAGE IN PROPOSER’S CONTRACT TO THE CONTRARY. <br /> <br />1.1 CLARIFICATION/EXPLANATION/QUESTIONS: <br /> <br />Any questions concerning this Request for Proposals or any <br />required need for clarification must be made to Mauricio Betancur, <br />CMC, City Clerk via email to: MBetancur@sibfl.net or via facsimile <br />(305) 792-1563 or via regular mail at: Mauricio Betancur, CMC, <br />City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny <br />Isles Beach, FL 33160. Such requests for clarification/explanation or <br />questions must be made in writing to Mauricio Betancur, CMC, <br />Deputy City Clerk, at least five (5) business days prior to the date <br />of the Proposal opening. Interpretations or clarifications <br />considered necessary by the City will be issued by addenda and <br />posted/disseminated by DemandStar (www.demandstar.com) to all <br />parties listed on the official plan holders’ list as having received the <br />Request for Qualification documents. Only questions answered by <br />written addenda shall be binding. Oral interpretations or <br />clarifications shall be without legal effect. No plea of ignorance or <br />delay or required need of additional information shall exempt a <br />Respondent from submitting their submission on the required date <br />and time as publicly noted. <br /> <br />1.2 PLAN HOLDER’S LIST: <br /> <br />As a convenience to vendors, the City of Sunny Isles Beach has <br />made available via internet lists of all plan holders for each Request <br />for Proposal, Request for Proposal, and request for qualifications. <br />The information is available on-line at www.demandstar.com or by <br />calling the Office of the City Clerk at (305) 792-1703. <br /> <br />1.3 ADDENDA TO SPECIFICATIONS: <br /> <br />If any addenda are issued after the initial specifications are <br />released, the City will post and disseminate the addenda through <br />DemandStar. For those projects with separate plans, blue prints, <br />or other materials that cannot be accessed through the internet, <br />the Office of the City Clerk will make good faith effort to ensure <br />that all registered proposers (those who have been registered as <br />receiving a Proposal package) receive the documents. It is the <br />responsibility of the vendor prior to the submission of any Proposal <br />to check the above website or contact the Office of the City Clerk at <br />(305) 792-1703 to verify any addenda issued. The receipt of all <br />addenda must be acknowledged on the Proposal Response Sheet. <br /> <br />1.4 SPECIAL ACCOMMODATIONS: <br /> <br />Any person requiring a special accommodation at a Pre-Proposal <br />Conference or Proposal/RFP/RFQ opening because of a disability <br />should call the Office of the City Clerk at (305) 792-1703 at lease <br />five (5) days prior to the Pre-Proposal Conference or <br />Proposal/RFP/RFQ opening. If you are hearing or speech impaired, <br />please contact the Office of the City Clerk by calling the City of <br />Sunny Isles Beach using the Florida Relay Service which can be <br />reached at 1(800) 955-8771 (TDD). <br /> <br />1.5 PUBLIC ENTITY CRIMES STATEMENT: <br /> <br />Pursuant to the provisions of paragraph (2) (a) of section 287.133, <br />Florida statutes -"a person or affiliate who has been placed on the <br />convicted vendor list following a conviction for a public entity crime <br />may not submit a Proposal on a contract to provide any goods or <br />services to a public entity, may not submit a Proposal on a contract <br />with a public entity for the construction or repair of a public <br />building or public work, may not submit Proposals on leases of real <br />property to a public entity, may not be awarded to perform work as <br />a Contractor, supplier, sub-Contractor, or consultant under a <br />contract with any public entity, and may not transact business with <br />any public entity in excess of the threshold amount provided in <br />section 287.107, for category two for a period of 36 months from <br />the date of being placed on the convicted vendor list”. <br /> <br />1.6 PROPOSAL DEADLINE: <br /> <br />Proposals must be submitted no later than the time and date <br />shown within this document. <br /> <br />1.7 SEALED PROPOSAL: <br /> <br />The entire Proposal Response Package shall be placed in an opaque <br />envelope (with all items listed on the Proposal checklist form and <br />all other items required within this Request for Proposal must be <br />executed) and submitted in a sealed envelope. <br /> <br />1.8 PROPOSAL EXECUTION, SIGNATURES, <br />ERASURE/CORRECTION: <br /> <br />All Proposals shall be signed in blue ink. All price quotes shall be <br />typewritten or printed with ink. All corrections made by the <br />proposers prior to the opening must be initialed and dated by the <br />proposers. No changes or corrections will be allowed after <br />Proposals are opened. Proposals must contain an original, manual <br />signature of an authorized representative of the company. <br /> <br />1.9 WITHDRAWAL OF PROPOSALS: <br /> <br />Proposers may withdraw Proposals only by written request and <br />shall forward the withdrawal request via “Certified U.S. Mail – <br />Return Receipt Requested” prior to the Proposal opening time. <br />Negligence on the part of the Proposers in preparing the Proposal <br />confers no right for the withdrawal of the Proposal after it has been <br />opened. <br /> <br />1.10 PROPOSAL OPENING: <br /> <br />Proposals will be opened publicly at the time and place stated in <br />the Notice to Proposer. It is the responsibility of the proposers to <br />insure that the Proposal reaches the Office of the City Clerk on or <br />before the closing hour and date stated on the Request for <br />Proposal. After the Proposal opening, the contents of the Proposal <br />Form will be made public for the information of vendors and other <br />interested parties who may be present either in person or by <br />representative. Proposals that are received after the Proposal <br />opening time will not be considered and will not be returned. <br /> <br />1.11 EVALUATION OF PROPOSALS: <br /> <br />The City, at its sole discretion, reserves the right to inspect any/all <br />Proposers facilities to determine their capability of meeting the <br />requirements for the Contract. Also, price, responsibility, and <br />responsiveness of the Proposers, the financial position, experience, <br />staffing, equipment, materials, references, and past history of <br />service to the City and/or with other units of state, and/or local <br />governments in Florida, or comparable private entities, will be <br />taken into consideration in the Award of the Contract. <br /> <br />1.11.1 Hold Harmless: All Proposer’s shall hold the City, it's <br />officials and employees harmless and covenant not to <br />sue the City, it's officials and employees in reference <br />to their decisions to reject, award, or not award a <br />Proposal, as applicable. <br />1.11.2 Cancellation: Failure on the part of the Proposers to <br />comply with the conditions, specifications, <br />requirements, and terms as determined by the City,