SLED Opportunity · FLORIDA · CITY OF BARTOW, FL
AI Summary
The City of Bartow, FL seeks bids for HVAC installation, repairs, and emergency services at multiple city facilities. The contract includes preventive maintenance, emergency response, and system testing. Licensed contractors with relevant experience are invited to submit bids by August 5, 2026.
The City of Bartow, Florida ("City") is actively seeking bids from qualified and experienced companies to provide Heating, Ventilation, and Air Conditioning (HVAC) and related services to various locations throughout the City of Bartow. Services performed under this contract shall include, but are not limited to, providing all necessary labor, equipment, materials, supplies, and supervision for emergency or unscheduled repairs, installations & adjustments, and performance testing & system balancing for Heating, Ventilation, and Air Conditioning (HVAC), chillers, ice machines, refrigerator systems, and emergency services.
The Bidder represents itself to be an independent vendor offering such services to the general public and shall not represent itself or its employees to be employees of the City of Bartow. Therefore, the Bidder shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, and other expenses, and agrees to indemnify, save, and hold the City of Bartow, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney fees); and damage of any kind related to such matters.
The City of Bartow, Florida ("City") is actively seeking bids from qualified and experienced companies to provide Heating, Ventilation, and Air Conditioning (HVAC) and related services to various locations throughout the City of Bartow. Services performed under this contract shall include, but are not limited to, providing all necessary labor, equipment, materials, supplies, and supervision for emergency or unscheduled repairs, installations & adjustments, and performance testing & system balancing for Heating, Ventilation, and Air Conditioning (HVAC), chillers, ice machines, refrigerator systems, and emergency services.
| ITB Solicitation Issued: | July 16, 2026 |
| Question Submission Deadline: | July 28, 2026, 4:00pm |
| Bids Due: | August 5, 2026, 2:00pm In person: 450 N. Wilson Ave., Bartow, FL 33830 or via Teleconference at +1 |
The City of Bartow, Florida ("City") is actively seeking bids from qualified and experienced companies to provide Heating, Ventilation, and Air Conditioning (HVAC) and related services to various locations throughout the City of Bartow. Services performed under this contract shall include, but are not limited to, providing all necessary labor, equipment, materials, supplies, and supervision for emergency or unscheduled repairs, installations & adjustments, and performance testing & system balancing for Heating, Ventilation, and Air Conditioning (HVAC), chillers, ice machines, refrigerator systems, and emergency services.
If the Bidder proposes using subcontractors in the course of providing these services to the City, this information shall be disclosed at the time of engagement. Such information shall be subject to review, acceptance, and approval of the City, prior to any work authorization. The City reserves the right to approve or disapprove of any subcontractor proposed to perform work for the City.
Awards will be made to the three (3) lowest responsive and responsible bidders for all items combined, designating the lowest responsive as the Primary Awardee. Additionally, as the best interest of the City may require, the right is reserved to make award(s) by individual item, group of items, or to reject all bids or waive any minor irregularities or technicalities in bids received. In determining the lowest responsive and responsible bidder, in addition to price, the following may be considered:
The City of Bartow is issuing this solicitation to establish an as‑needed Heating, Ventilation, and Air Conditioning (HVAC) services contract that will support multiple City departments. HVAC needs arise throughout the year in various facilities, and a competitively awarded agreement ensures services can be secured efficiently when required.
Bidders shall submit all inquiries regarding this bid via the e-Procurement Portal, located at https://procurement.opengov.com/portal/bartowfl. Any inquiry or request for interpretation received seven (7) or more days prior to the due date from the opening of the Bids will be given consideration. Please note the deadline for submitting inquiries. Changes or interpretations may only be made by a written document in the form of an addendum.
Addenda Notification: Bidders are required to register for an account via the City's e-Procurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/bartowfl.
All addenda are part of the contract documents, and each Bidder will be bound by such addenda whether or not received by them. No verbal interpretations may be relied upon. Failure to acknowledge receipt of addenda may constitute grounds for deeming a proposal non-responsive.
It is the responsibility of the bidder to assure that their bid is delivered or submitted at the proper time and place prior to the bid opening. All bid openings shall be public, following 2:00 pm, on the date specified in the solicitation. Bids which for any reason are not so delivered or submitted electronically through the City’s e-procurement system, will not be considered. Bid Submittals Using Facsimile or Email Will Not Be Accepted.
Note: In accordance with Florida Statute 119.071, a listing of vendors that provided a bid submittal shall be posted to the City’s e-procurement platform OpenGov; https://www.cityofbartow.net/313/Review-Current-Bids.
All bids shall remain exempt from disclosure, including bid amounts, until recommendation of award or 30 days after bid opening, whichever event occurs first. Should the City reject all bids, before the recommendation of award or 30 days after bid opening, and concurrently provide notice of the City’s intent to reissue the bid, the rejected bids will remain exempt from Florida Statute 119.07 until such time as the City provides notice of recommendation of award of the reissued bid or until the City withdraws the reissued bid. The bid is not exempt for longer than 12 months after the notice of rejection of all bids.
More than one bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Such circumstances will lead to rejection of all responses in which the bidder is involved except for subs. If there is reason to believe that collusion exists between bidders, those parties’ bids will be rejected and deemed for City purposes to be a conviction of a public entity crime.
All prices covered by this bid/contract will include the cost of transportation to the City of Bartow, Florida.
All containers shall be suitable for storage or shipment, and all prices should include standard commercial packaging.
For purposes of bid evaluation, Bidders must indicate any variances, no matter how slight, from the ITB General Conditions, Special Conditions, Specifications or Addenda. No variations or exceptions by a Bidder will be considered or deemed a part of the Bid submitted unless such variances or exceptions are listed in the ITB and referenced in the space provided on the Bid pages. If variances are not stated, or referenced as required, it be assumed that the product or service fully complies with the City’s terms, conditions, and specifications.
The contractor shall be able to perform all work outlined in this section. The work to be performed under this contract may include, but is not limited to, the following:
1. Installation
Installation requirements shall vary based on the specific equipment located at each facility. Contractors must perform all installations in accordance with the manufacturer’s specifications for the existing equipment, regardless of brand, model, or age. Prior to installation, the Contractor is responsible for verifying site conditions, equipment compatibility, and any additional components required to ensure proper operation. All work shall comply with applicable Florida codes, industry standards, and the specifications provided by the City.
Full system replacement(s):
Limited to actual cost, plus a 1% to 10% (maximum) markup for all full system replacement(s) which do not exceed a total cost of $20,000.00. Full system replacement(s) exceeding $20,000.00 will be openly quoted or bid to include the City’s HVAC contractor(s).
2. Service Frequency & Schedule
a. Major Preventive Maintenance (PM)
i. One (1) major PM visit annually per unit, to be performed April–May each year, prior to peak cooling season.
The City reserves the right to adjust specific dates in coordination with the Contractor, but a PM visit per year at minimum is required.
3. Major Preventive Maintenance – Detailed Tasks
For all external units with heat pumps and mini-split systems, the Contractor shall, at a minimum, perform the following during the Major PM (April/May):
a. Coils & Heat Transfer Surfaces
i. Inspect condenser and evaporator coils for dirt, debris, and damage.
ii. Clean coils as needed, using appropriate, manufacturer-approved coil cleaner and methods.
iii. Straighten minor bent fins where feasible to maintain airflow.
b. Refrigerant/Freon System
i. Check refrigerant pressures and superheat/subcooling against manufacturer specifications.
ii. Inspect for oil stains or visible indications of refrigerant leaks on lines, coils, and connections.
iii. Top off refrigerant if needed to bring system within proper operating parameters, after first ruling out leaks.
iv. Report any suspected leaks; repairs beyond minor tightening of fittings shall be billed under the repairs portion of this contract.
c. Refrigerant Lines & Condensate Lines
i. Inspect refrigerant line insulation and replace/repair minor damaged insulation as needed.
ii. Verify refrigerant lines are properly supported and protected from abrasion.
iii. Inspect and clean condensate drain lines and pans; confirm proper drainage and treat for algae/biofilm as needed.
iv. Check and clean condensate pumps (where present) and verify operation.
d. Electrical & Controls
i. Inspect all electrical connections (contactors, relays, terminals) for signs of overheating, corrosion, or looseness; tighten as needed.
ii. Check compressor and fan motor amperage draw against nameplate ratings.
iii. Inspect and test capacitors, contactors, and relays; replace weak/failing components under repairs section of contract.
iv. Verify proper operation of defrost control on heat pumps.
e. Airflow & Distribution
i. Inspect indoor fan assemblies (blowers, fan wheels) for debris and balance.
ii. Clean accessible blower wheels and housings as necessary.
iii. Inspect accessible duct connections near units for air leaks and minor loose connections (see duct/vent section below).
f. Heating Operation Check
i. For heat pump systems and any systems with auxiliary heat (electric or otherwise), the Contractor shall:
1. Verify proper heating mode operation of each unit.
2. Inspect and test auxiliary heat strips or backup heat if present (amp draw, staging, safety limits).
3. Confirm correct operation of safety controls (high-limit switches, pressure switches, etc.).
4. Note any observed issues or failed components for corrective repair.
g. System Performance & Reporting
i. Record supply/return air temperatures, pressures, and any key performance readings.
ii. Provide a written PM report per unit, noting condition (“new/newer/old/very old” as applicable), deficiencies, and recommended repairs.
iii. Identify any units that appear near the end of useful life.
h. Other Services (to be priced separately)
i. Full duct cleaning (internal duct brushing/vacuuming).
4. Repairs
a. Contractor, upon written approval from the City prior to commencement, shall be authorized to perform repairs including but not limited to:
i. Replacement of contactors, capacitors, relays, fuses, minor wiring.
ii. Replacement of fan motors (fractional horsepower), belts, pulleys, or bearings.
iii. Replacement of refrigerant line insulation, condensate pumps, float switches.
iv. Replacement of standard thermostats and sensors.
v. Minor repairs to condensate drains, drain pans, and line supports.
vi. Contractor shall provide a written quote describing the issue, recommended correction, parts list, and estimated labor hours.
vii. Contractor shall perform repairs as needed to maintain proper and safe operation of all covered equipment.
b. Emergency/After-Hours Repairs
i. Contractor shall provide 24/7 availability for emergency calls.
ii. Due to the need for a quick response time, the awarded Contractors must be able to respond and mobilize on-site for emergency requests within two (2) hours of initial contact by City staff. Each awarded Contractor will be required to provide City with current and updated contact information of key personnel responsible for responding to any and all emergency calls. In the case of an emergency, if the Contractor does not or cannot respond to the City within two hours, City reserves the right to mobilize a non-contracted Vendor to perform needed emergency work.
iii. If the Primary Contractor fails to respond to any City emergency call within two (2) hours on more than three occasions throughout the contract term, the contract may be terminated for cause.
iv. City will require a full breakdown of labor and material costs from the Contractor, Contractor's subcontractors and from any material providers, prior to the payment of any emergency work.
c. Thermostats, Ducts, and Vents Under Repairs
i. Thermostats and low-voltage controls: repair/replace under this section at contract rates when failures occur.
ii. Duct and vent repairs beyond the minor items listed shall be handled as repairs or extra work.
iii. Contractor shall provide light cleaning of return and supply grilles, and minor repairs to accessible duct connections as part of preventive maintenance. Comprehensive duct cleaning, air balancing, or major duct repair/replacement are excluded from the base scope and shall be quoted separately upon request.
5. Inventory
Following the Kick-Off Meeting, the Contractor shall be assigned to conduct a comprehensive inventory of the City's HVAC, chillers, ice machines, and refrigeration systems. Compensation for this work will be based on the Contractor's regular hourly rate as provided in the Pricing Table for this bid.
The inventory shall include, as a minimum, the following information:
a. Equipment type (HVAC unit, chiller, ice machine, etc.).
b. Model number.
c. Serial number.
d. Capacity or tonnage (for HVAC/chillers).
e. BTU rating or horsepower (if applicable).
f. Location (building, floor, room, asset tag).
g. Refrigerant type.
No taxes shall be included in any bid price. The City of Bartow is exempt from state and federal sales use and excise tax.
The apparent silence of the specifications and any amendment regarding any details or the omission from the specifications of a detailed description concerning any services or material requested shall be regarded as unintentional and should not serve to alleviate the Vendor of their performance responsibilities.
1. All materials shall be purchased from a legally established supplier that is registered and approved to conduct business in accordance with all Federal and local regulations, codes and statutes. The Contractors suppliers shall have no direct or indirect affiliation with the Contractor and shall pose no conflict of interest.
2. The Contractor shall be allowed a mark-up percentage between 1% to 10% percent on materials.
a. Mark-downs shall be at the Contractor’s discretion.
b. The Contractor shall be reimbursed for the cost of material purchased and used in the repair of The City of Bartow’s equipment plus/minus the mark-up/mark-down per the Bid Response Form.
3. Material quality shall be commercial grade or as specified in the Scope for each project. All materials used shall be manufactured and supplied by a company acceptable to the County.
4. The City of Bartow reserves the right to furnish materials to the Contractor and set the standard of quality for materials for a given job.
5. To qualify for reimbursement of parts, the Contractor shall be required to provide the manufacturer’s original part name, part numbers, and description of the part on the Contractor’s invoice and supporting documents to support the invoiced total material cost.
6. The Contractor shall provide a minimum of one (1) year warranty for all parts and installation labor from project acceptance. If acceptance date cannot be determined, warranty will commence on the date payment for the work was issued to the Contractor.
7. The Contractor shall provide copies of the manufacturer’s warranty for materials purchased under this contract.
a. The Contractor shall ensure that all warranties and guarantees are passed through to The City of Bartow to all extent possible.
b. The Contractor shall be responsible for all warranty communications and coordination with the suppliers and manufacturers for materials purchased by the Contractor and used under this contract for the duration of the contract.
c. There shall be no additional compensation to the Contractor for this service.
8. When responding to a service call, the Contractor shall ensure that service vehicles are, at minimum, equipped with standard tools, equipment, parts, and consumables so that service can be accomplished without returning to the shop or breaks for material purchases.
a. For scheduled services, the Contractor shall arrive at the worksite with all materials needed to complete the repair.
b. The Contractor will not receive compensation for time spent gathering materials under any circumstances.
c. Breaks for this purpose must be excluded from labor billable labor hours to the City of Bartow.
9. The Contractor shall provide supporting documents for materials purchased and use for repairs required by the City of Bartow.
a. Supporting document may include third party receipts and/or invoices, and supplier or manufacturer’s price list.
b. The City of Bartow reserves the right to specify which of the previous documents is acceptable on a case-by-case basis.
10. The Contractor shall be responsible for the shipping charges, delivery and handling, and storage charges for material needed for the job, unless otherwise approved by the City of Bartow in writing.
11. Materials shall remain the property and responsibility of the Contractor until they are incorporated into the work, and the work is accepted by the City of Bartow.
12. There shall be no additional reimbursement to the Contractor for consumable supplies.
13. Non-interference; work shall be scheduled and performed in a manner that minimizes disruption to City operations and public use of facilities.
14. The city deserves the right to make Owner Direct Purchase (ODP) as deemed in the best interest of the City.
The Contractor shall provide:
PM checklists for each unit for each visit, signed by the technician, including key readings and any deficiencies.
a. Annual summary report listing all units, major deficiencies, and recommended capital replacements.
b. Repair records including date, unit ID/location, description of problem, corrective action, materials used, and total cost.
c. Notification to designated City staff of critical failures or safety concerns immediately upon discovery.
Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions, and special conditions of the Invitation to Bid. Failure of the Bidder to examine all pertinent documents shall not entitle them to any relief from the conditions imposed in any ensuing contract and may lead to rejection of a bid.
Unless otherwise specified, all prices and/or discounts shall be firm for the duration of the original contract/purchase order. In the event of price decreases the City of Bartow shall be given full proportionate benefits immediately at any time during the contract period.
a. Perform all work in accordance with manufacturer recommendations, prevailing codes, and industry standards.
b. Provide technicians who are properly licensed and trained for HVAC and heat pump systems.
c. Maintain a clean work area, remove debris, and ensure all panels/covers are reinstalled and secured.
d. Tag any units found to be unsafe and notify City staff immediately.
e. Coordinate access to secure facilities (Police, Fire, etc.) with City representatives.
f. Upon completion of work, the Contractor shall put the systems into service. The Contractor shall be entirely responsible for the equipment during all testing operations.
g. Upon installation of new equipment, the Contractor shall provide a manual that includes the manufacturer's maintenance and operating instructions, parts list and serial numbers for all operating equipment to the City for the property on which the equipment was installed.
h. The Contractor shall submit a quote to the City’s Project Manager including the following information:
i. Description of the work to include its specified location.
ii. Detailed pricing of each requirement including labor and materials, in accordance with the Agreement price schedule.
iii. Completion Time - performance period in calendar days mutually agreed to by the CITY and the Contractor. A $100 liquidated damage to be asset per calendar day past agreed completion date.
Invoices: Any invoices at higher prices than the contract price shall be held until proper credit memorandums have been received. Any applicable cash discounts that apply as the result of this contract shall be taken even though the allowable time has elapsed due to the time awaiting credit memorandums.
All original invoices shall be mailed to the City of Bartow, Attn: Accounts Payable, 450 N. Wilson Ave., Bartow, Florida 33830 or they may be emailed to: cbrown.finance@cityofbartow.net.
The bidder shall include the bid number and/or the purchase order number on all invoices. By submitting an invoice, Bidder’s Project Manager or any authorized officer is attesting to the correctness and accuracy of all charges. Invoices will be processed for payment when approved by the appropriate User Division/ Department. The City’s payment of an invoice shall not constitute evidence of the City’s acceptance of the Bidders performance of the Service or the City’s acceptance of any work.
The City shall not be liable for any costs incurred by Bidders in responding to this ITB.
The City of Bartow reserves the right to reject any or all bids in whole or part, to accept or reject any items in the bid, and to waive any informalities and to accept any bid deemed in the best interest of the City of Bartow.
a. Provide reasonable access to equipment, including keys, badges, or escorts as needed.
b. Notify Contractor of any known issues or access constraints.
c. Review and approve quotes.
Bidders may offer a cash discount for prompt payment (within 30 days); however, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes. Bidders are encouraged to reflect cash discounts on the prices quoted.
a. The Contractor shall fully warrant all equipment furnished hereunder against defect in materials and/or workmanship for a period of twelve (12) months from date of delivery/acceptance by the City. Should any defect in materials or workmanship, except ordinary wear and tear, appear during the above stated warranty period, the Contractor shall repair or replace same at no cost to the City, immediately upon written notice from the City’s Project Manager. The Contractor shall be responsible for either repairing the equipment on site or transporting the equipment to a repair facility at no cost to the City. All warranty provisions of the Uniform Commercial Code shall additionally apply.
b. Contractor shall guarantee all work meets and passes all City inspections. Should an HVAC repair or installation made by the Contractor not pass inspection, Contractor shall make all repairs necessary to ensure the installation or repair passes inspection at no additional cost to the City.
All payments will be made in accordance with the Florida Prompt Payment Act. The payment due date for the purchase of goods or services other than construction services is 45 days after the date specified in s. 218.73. The payment due date for the purchase of construction services is specified in s. 218.735.
Each Bidder shall complete the Qualifications Statement, and submit the same with the Bid. Failure to submit the Qualifications Statement and the documents required there under with the Bid may constitute grounds for deeming the bid non-responsive.
a. Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the Work and other persons (including but not limited to the general public or employees of the City) who may be affected thereby; all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and other property at the site, adjacent thereto, or utilized by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time the Work is acceptable to the City.
b. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor at his sole cost.
c. Contractor shall comply with all applicable Laws and Regulations of any governmental entity having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss including, but not limited to, OSHA (Public Law 91-596) and the Contract Work Hours and Safety Standards Act (Public Law 91-54); and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall designate a responsible member of his organization at the site whose duties shall be preventing accidents and insuring compliance with all applicable safety regulations.
d. At all times Contractor shall, and shall cause his Subcontractors and Suppliers to, carefully protect its and their Work, materials, equipment, and supplies against damage or injury from the weather. If in the opinion of City any of the above has been damaged or injured by reason of failure on the part of Contractor, any Subcontractor or Supplier to perform according to the requirements of this provision, said Work, materials, equipment and supplies shall be removed and replaced at the expense of Contractor.
e. Contractor shall notify the City of any job site injuries at the project site. Serious injuries shall be verbally reported to the City within two (2) hours of occurrence of the incident. Contractor shall submit a written report of each serious injury to the City within twenty-four (24) hours of occurrence of the incident. Contractor shall prepare injury reports regardless of whether the injury is to the Contractor's personnel, subcontractors, City personnel or other persons.
Bidder shall be appropriately licensed to perform the services offered. Bidders shall possess, at the time of bid opening, all required licenses and certifications. Bidder shall be responsible for all costs associated with obtaining and maintaining all required licenses, certifications, and permits. Copies of all licenses and certifications shall be submitted with the response.
Any manufacturer’s name, trade name, brand name, information and catalog numbers used herein are for proposes of description and establishing general quality levels. References are not intended to be restrictive of any products that manufacturer may offer. The determination as to whether any alternate product or service is equal shall be made by the city of Bartow and such determination shall be final and binding among all bidders.
The Contractor shall provide HVAC services at various City-owned or City-operated buildings, infrastructure, or sites as designated by the City of Bartow, including but not limited to:
• City Hall;
• Public Works facilities;
• Police and Fire Department facilities;
• Parks and Recreation facilities;
• Water treatment and Wastewater facilities; and
• Utility facilities, and all other City-owned locations requiring services.
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act (OSHA) and carry evidence of Underwriters Laboratories’ Listings (UL).
1. The Bidder’s response shall include a copy of any certificate of insurance which provides evidence of insurability meeting the minimum insurance requirements of this ITB. The Bidder shall assume full responsibility and expense to obtain all necessary insurance.
2. The successful Bidder as well as related subcontractors shall provide a copy of any certificate of insurance which provides evidence of insurability meeting the minimum insurance requirements of the ITB as a part of receiving any ensuing contract, at the time of entering into the contract.
The Vendor shall at all times indemnify, hold harmless and, at the City’s option, defend or pay for an attorney selected by the City to defend the City of Bartow, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by intentional or negligent act of, or omission of the Vendor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any ensuing contract including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against the City by reason of any such claim, cause of action or demand, the Vendor shall, upon written notice from the City, resist and defend such lawsuit or proceeding by counsel satisfactory to the City of, at City’s option, pay for an attorney selected by the City to defend the City of Bartow. The provisions and obligations of this section shall survive the expiration or earlier termination of any ensuing contract. To the extent considered necessary by the City, any sums due Vendor under any ensuing contract may be retained by City until all of the City’s claims for indemnification pursuant to the Contract have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by the City.
Chapter 442 of the Florida Statue states that manufacturers, importers or distributors of any toxic substance shall prepare and provide each direct purchaser of such toxic substance with Material Safety Data Sheet(s), herein referred to as MSDS, which to the best of the manufacturer’s, importer’s or distributor’s knowledge, is current, accurate and complete based on information then reasonably available to the manufacturer, importer or distributor. Upon notification of a new or revised MSDS the manufacturer, importer or distributor, on a timely basis not to exceed three (3) months after notification, shall provide the City with the revised information as it becomes available to the manufacturer, importer or distributor. Failure to provide the MSDS, when applicable, shall be cause for rejection of bid.
Applicable provisions of all federal, state, and county laws, and local ordinance, rules, and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) attaching a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise. Lack of knowledge by any Bidder shall not constitute a cognizable defense against the legal effect thereof.
Any deviations from bid specifications indicated herein shall be clearly stated, otherwise it shall be considered that items offered are in strict compliance with specifications, and the successful bidder shall be held responsible. Deviations shall be explained in detail.
City's Normal Business Hours are 7:00AM – 5:00PM.
a. Routine Service Calls: The Contractor shall respond to routine service requests within 48 hours of notification unless otherwise approved by the City.
b. Urgent Service Calls: For urgent but non-emergency situations that could result in service disruption or property damage, the Contractor shall respond within 24 hours.
c. Emergency Service Calls: The Contractor shall provide emergency response services 24 hours a day, 7 days a week. Emergency response must occur within 2 hours of notification.
During the course of this solicitation, a Cone of Silence shall apply as follows:
Any action in violation of this section shall be cause for disqualification of the bid. The determination of a violation shall be made by the City.
Information and materials received by the City in connection with a Bidder’s response shall be deemed to be public records subject to public inspections. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Section 119.07, F.S. provides an exemption from public records law for sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.
This section applies to bids/contracts in which purchases will be made as needed over a period of one (1) year or more. In this case, quantities shown are estimates of usage anticipated during the contract period and may vary.
If the Bidder believes any of the information contained in the response is exempt from the Public Records Law, then the Bidder must in the response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records.
The City of Bartow depending on the budget for said FY may allow for a Consumer Price Index (CPI) increase after the initial term of the original bid/contract upon request from the vendor. The CPI shall be in accordance with the Bureau of Labor Statistics (BLS) https://www.bls.gov/cpi/.
If the BLS increase doesn’t meet the needs of the awardee, and the awardee cannot honor the prices submitted they must notify the City within sixty (60) days prior to the end of the term/ service year period, then the City will not exercise the renewal options and will rebid for said needs to allow bidders the opportunity to update pricing based upon the current economy.
This doesn’t guarantee award of the new bid to the current vendor as bids are awarded based on the overall lowest responsive and responsible bidder meeting bid requirements for that specific bid.
Annual Bids: shall be for a period of one (1) year from the date of bid award with options to automatically renew for two (2), one (1) year terms following the initial term unless otherwise terminated in accordance with the termination clauses provided herein. The City and/or Awardee may opt out of such renewal option(s) with written notice provided to the appropriate party within sixty days (60) prior to the end of a service year period.
Vendor acknowledges the City’s obligations under Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to member of the public upon request. Vendor acknowledges that the City is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, in the handling of the materials created under this contract and that said statue controls over the terms of this contract. Vendor further acknowledges its obligation under Florida Statute 11930701, which include the requirements to a) keep and maintain public records required by the City to perform the service, b) upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law, c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Vendor does not transfer the records to the City, and d) upon completion of the Contract, transfer, at no cost, to the City all public records in possession of Vendor, or keep and maintain public records required by the City to perform the City. If Vendor transfers all public records to the City upon completion of the Contract, Vendor shall destroy and duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Vendor keeps and maintains public records upon completion of the Contract, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the IT systems of the City. A request to inspect or copy public records relating to the City’s contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify Vendor of the request, and Vendor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. NOTE: If Vendor does not comply with the City’s request for records, the City shall enforce the Contract provisions in accordance with the Contract. A Vendor who fails to provide the public records to the City with a reasonable time may be subject to the penalties under 119.10.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF BARTOW, CITY CLERK’S OFFICE, 863-534-0100, JPOOLE.CLERKS@CITYOFBARTOW.NET; 450 N. WILSON AVENUE, BARTOW, FLORIDA 33830.
A person or affiliate, as defined in 287.133, Florida Statutes, shall not be allowed to contract with the City if such person or affiliate has been convicted of a public entity crime within three (3) years of the date this Contract, or such person or affiliate was listed on the State of Florida’s convicted vendor list within three (3) years of the date of this Contract, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency, federal, state or local, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any agreement with the City obtained in violation of this paragraph shall be subject to termination for cause.
Annual Bids: If the City provides notice to the Vendor at least 30 days prior to the end date (Termination Date) that it has not put in place a new bid for the goods, then this Bid shall remain in effect on a month-to-month basis until terminated by written notice from the City Purchasing Department to the Vendor, but not longer than four (4) months following the termination date.
The Contract will be construed and enforced in accordance with the laws of the State of Florida.
The award of this bid does not constitute an order. Before shipments or service is provided, the vendor shall receive a signed Purchase Order or Purchase Order number. In some cases, vendors shall be issued blanket orders. In this case shipments shall be specified on the order.
Efficient service is essential to this contract. Therefore, if the City of Bartow determines that the holder of the bid is unable to meet delivery within a reasonable amount of time it may become necessary to make procurement from other bidders or suppliers.
The foregoing notwithstanding, nothing herein is intended to act as a waiver of the City’s sovereign immunity or the limits of liability set forth in Sec. 468.28, Fla. Stat., regardless of whether such obligations are based in tort, contract, statute, strict liability, negligence, product liability, or otherwise.
This Contract shall be deemed made in the State of Florida and shall be construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. In recognition of the City’s sovereign immunity and home venue privilege, the City and Vendor agree that any civil action arising out of the subject matter of this Contract, or the Contract Documents shall be brought either in the County Court in and for Polk County, Florida, or the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida, the choice of which shall be dependent upon each tribunal’s jurisdictional limits. The Parties agree that no civil action arising out of the subject matter of this Contract may be brought in a federal venue regardless of the cause of action, citizenship of the parties or the claimed amount in controversy.
All bidders must disclose, with their bid, the name of any officer, department head or agent who is also an employee of the City or any of their agencies. Furthermore, all bidders must disclose the name of any City employee who owns, directly or indirectly, any interest of any amount in the bidder’s firms or any of their branches. Award of this bid shall be subject to the provisions of Chapter 112, Florida Statutes.
The Bidder certifies that it has not divulged, discussed, or compared its bid with other bidders, except subcontractors if they form part of the response and has not colluded with any other bidders or parties to a bid whatsoever. No premiums, rebates or gratuities are permitted either with, prior to or after any delivery of material or service. Any violation of this provision will result in the immediate cancellation of any contract and removal from the bidder’s list.
Each Bidder shall complete the Non-Collusive Affidavit Form and shall submit the form with the bid. The City considers the failure of the Bidder to submit this document to be a major irregularity and shall be cause for rejection of the Bid.
The bidder, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented or non-patented invention, process or article manufactured or used in the performance of the bid, including its use by the City. If the bidder uses any design, device or material covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device or material in any way involved in the work.
Samples of items, when called for, must be furnished free of expense and may, upon request, be returned at the bidder’s expense. Each individual sample must be labeled with bidder’s name, manufacturer’s brand name and number, bid number and item reference. Samples of successful bidder’s items may remain on file with the Purchasing Department for the term of the contract. Request for return of samples shall be accompanied by instructions, which include shipping authorization and name of carrier, and must be received within ninety (90) days after bid opening date. If instructions are not received within this time, the Purchasing Department shall dispose of the samples.
1. The Bidder covenants that they presently have no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with the performance of the services hereunder. The Bidder further covenants that no person having any such known interest shall be employed or conveyed an interest, directly or indirectly, in any ensuing contract.
2. No contract will be awarded to a Bidder who has City elected officials, officers or employees affiliated with it, unless the bidder has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidders and removal of the Bidder from the City’s Bidder’s List and prohibition from engaging in any business with the City.
3. No subcontractor can be listed on more than one bid submitted under this ITB.
Bidder warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder to solicit or secure any contract that may ensue and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Bidder, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of any ensuing contract. For the breach or violation of this provision, the City shall have the right to terminate any ensuing contract without liability at its discretion.
Inspection and acceptance will be at the designated facility unless otherwise indicated. Title and risk of loss or damage to all items shall be the responsibility of the contract supplier until accepted by the City, unless loss or damage results from negligence by the City.
This Invitation to Bid, all attachments and exhibits, addenda, and any ensuing contract states the entire contract between the parties hereto with respect to the subject matter hereof, and all prior and contemporaneous understandings, representations and agreements are merged herein or superseded hereby. No alterations, modifications, release or waiver of this contract or any provision hereof shall be effective unless in writing executed by the parties.
Certificate of Insurance, Workers Compensation and endorsements evidencing the types of insurance and coverage required in this Section shall be furnished within three (3) calendar days of Bidder’s receipt of Notice of Intent to Award the Bid/ Contract and, at any time thereafter, upon request by the Purchasing Department. The City of Bartow, 450 N. Wilson Ave., Bartow, FL 33830, shall be named as additional insured and the Successful Bidder shall, at minimum, provide, pay for, and always maintain in force during this project the following insurance:
WORKERS’ COMPENSATION:
Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers’ Liability with a limit of $100,000 each accident, $100,000 each employee, $500,000 policy limit for disease.
COMMERCIAL GENERAL LIABILITY – OCCURRENCE FORM REQUIRED:
Awardee shall maintain commercial general liability (CGL) insurance with a limit of not less than $500,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $1,000,000. Products and completed operations aggregate shall be $1,000,000. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent vendors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x,c,u) exposures, personal injury and advertising injury. Fire damage liability shall be included at $100,000.
COMMERCIAL AUTOMOBILE LIABILITY INSURANCE:
Awardee shall maintain automobile liability insurance with a limit of not less than $5,000,000 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (included owned, hired, and non-owned autos). The policy shall be endorsed to provide contractual liability coverage.
EVIDENCE OF INSURANCE:
Awardee shall furnish the City of Bartow with Certificates of Insurance. The Certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf and coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. The City of Bartow is to be specifically included as an additional insured on all policies except Workers’ Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. The policy shall provide a 30-day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the City of Bartow before the commencement of any work activities.
This form shall be included with your bid.
Vendor shall not transfer or assign or subcontract the performance required by the ITB without the prior written consent of the City. Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Manager or selected designee.
Any bidder desiring to file a bid protest, with respect to a recommended award of any bid, shall do so by filing a written protest. The written protest must be in possession of the Procurement Department within three (3) working days of the Notice of Recommended Award posting date. All bidders who bid will be sent a Notice of Recommended Award, unless only one bid is received. A copy of the bid protest procedures may be obtained from the City of Bartow’s website: https://www.cityofbartow.net/431/Protest-Procedures.
“Failure to Follow Bid Protest Procedure Requirements Within the Time Frames Prescribed Herein as Established by the City of Bartow, Florida Shall Constitute a Waiver of Your Protest and Any Resulting Claim.”
The City may terminate the Contract resulting from this Bid at any time, in whole or in part, in accordance with and subject to the following:
1. Termination for Cause
The City may terminate the Contract immediately if the User Department/Division determines that the Vendor is in material default of its Contract obligations, has notified the Vendor of such default by delivering a Vendor Complaint Form to the Vendor specifically describing the basis of the complaint and the conditions of the Vendor’s default, and ten (10) days have passed since the Vendor’s receipt of the Vendor Complaint Form without all defaults as described therein having been fully corrected. Notwithstanding anything to the contrary contained herein, the City may terminate the Contract immediately, without notice or any opportunity to cure, if the services rendered for the Contract cause or threaten endangerment to public health, safety or welfare.
In the event this Bid and/or the resulting Contract is terminated due to the Vendor’s material default which is not cured within the allotted time period as described above, the Purchasing Manger may also suspend or debar the Vendor in accordance with the Vendor Complaint Procedures of the City’s Procurement Manual. The rights and remedies of the City provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under the Bid and/or the resulting Contract.
In the event of default by the successful Bidder, the City reserves the right to utilize the next lowest Bidder as the new Awardee when the default occurs within the first term of the bid. Should this occur, the next lowest Bidder will be required to provide the bid items at the prices as noted on their bid submittal.
2. Termination for Convenience
Upon thirty (30) calendar days written notice to the Vendor, the City may without cause and without prejudice to any other right or remedy, terminate and ensuing contract for the City’s convenience whenever the City determines that such termination is in the best interest of the City. Where the contract is terminated for the convenience of the City the notice of termination to the Vendor shall state that the contract is being terminated for the convenience of the City under the termination clause and the extent of termination. The Vendor shall discontinue all work on the appointed last day of service.
Upon receipt of any termination notice as described above, the Vendor shall:
Immediately discontinue all work unless the City’s notice directs otherwise, and
Deliver to the City any and all data, reports, summaries, and all other information and materials of any type or nature whatsoever, whether completed or in process, the Vendor may have accumulated or generated in the course of performing the work of the Contract.
3. Cancellation for Unappropriated Funds
The obligation of the City for payment to a Vendor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law.
If any bidder violates or is a party to a violation of the code of ethics of the City of Bartow or the State of Florida, with respect to this bid, such bidder may be disqualified from performing the work described in this bid or from furnishing the goods or services for which the bid is submitted and shall be further disqualified from bidding on any future bids for work, goods, or services for the City.
In submitting a bid, the bidder agrees not to use the results there from as a part of any commercial advertising without the prior written consent of the City.
Bidders acknowledge and understand that award of this project shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option.
1. Execution of any Agreement by the Bidder resultant from this solicitation shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement and no higher than those charged the Bidder’s most favorable customer for the same or substantially similar service.
2. The said rates and costs shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate representations of fees paid to outside vendors. The City shall exercise its rights under this “Certificate” within one (1) year following payment.
Vendor shall exercise the same degree of care, skill, and diligence in the performance of the work as is ordinarily provided by a professional under similar circumstances and Vendor shall, at no additional cost to the City, re-perform services which fail to satisfy the foregoing stand of care.
A purchasing preference shall be afforded to local vendors in accordance with the following criteria:
When sealed bids (less than $500,000.00) are solicited, and the lowest price is offered by a vendor located outside the BUSA, and the next lowest price is offered by a vendor located within the BUSA, and is within ten percent of the lowest price offered, then the BUSA vendor shall be given the opportunity to match the lowest price offered. If the BUSA vendor agrees to match the lowest price offered, the BUSA vendor will be awarded the bid if they are otherwise fully qualified and satisfy all related city requirements.
When sealed bids ($500,000.00 or more, but less than $1,000,000.00) are solicited, and the lowest price is offered by a vendor located outside the BUSA, and the next lowest price is offered by a vendor located within the BUSA and is withing seven and one-half percent of the lowest price offered, then the BUSA vendor shall be given the opportunity to match the lowest price offered. If the BUSA vendor agrees to match the lowest price offered, the BUSA vendor will be awarded the bid if they are otherwise fully qualified and satisfy all related city requirements.
When sealed bids ($1,000,000.00 or more) are solicited, and the lowest price is offered by a vendor located outside the BUSA, and the next lowest price is offered by a vendor located within the BUSA, and is within five percent of the lowest price offered, then the BUSA vendor shall be given the opportunity to match the lowest price offered. If the BUSA vendor agrees to match the lowest price offered, the BUSA vendor will be awarded the bid if they are otherwise fully qualified and satisfy all related city requirements.
The term BUSA vendor mean any business whose commercial activities have been regularly transacted from a physical location within the boundaries of the City of Bartow Utility Service Area (BUSA) for a period of at least six months, including the date of quote or bid award.
A local vendor preference shall not be afforded in any quote or bid award where it is precluded by law, administrative rule, policy, regulation, or related funding agreement.
A purchasing preference shall be afforded to Veteran Business Enterprises (VBE), and Women/Minority Business Enterprises (W/MBE) in accordance with the following criteria:
When sealed bids (less than $500,000.00) are solicited, and the lowest price is offered by a non VBE or W/MBE, and the next lowest price is offered by a VBE or W/MBE, and is within ten percent (10%) of the lowest price offered, then the VBE or W/MBE vendor shall be given the opportunity to match the lowest price offered. If the VBE or W/MBE vendor agrees to match the lowest price offered, the VBE or W/MBE vendor will be awarded the bid if they are otherwise fully qualified and satisfy all related city requirements.
When sealed bids ($500,000.00 or more, but less than $1,000,000.00) are solicited, and the lowest price is offered by a non VBE or W/MBE, and the next lowest price is offered by a VBE or W/MBE and is within seven and one-half percent (7.5%) of the lowest price offered, then the VBE or W/MBE vendor shall be given the opportunity to match the lowest price offered. If the VBE or W/MBE vendor agrees to match the lowest price offered, the VBE or W/MBE vendor will be awarded the bid if they are otherwise fully qualified and satisfy all related city requirements.
When sealed bids ($1,000,000.00 or more) are solicited, and the lowest price is offered by a non VBE or W/MBE, and the next lowest price is offered by VBE or W/MBE, and is within five percent (5%) of the lowest price offered, then the VBE or W/MBE vendor shall be given the opportunity to match the lowest price offered. If the VBE or W/MBE vendor agrees to match the lowest price offered, the VBE or W/MBE vendor will be awarded the bid if they are otherwise fully qualified and satisfy all related city requirements.
The term “Veteran-Owned Business Enterprise (VBE)” means any business having at least fifty-one (51%) ownership by a veteran owner who must have been honorably discharged from service and must independently control management and daily business operations. Must hold the professional license for the business, if applicable.
The term “Women/Minority-Owned Business Enterprise (W/MBE)” means any business having at least fifty-one (51%) ownership by women or minority group members who independently control the management and daily business operations. Group members are Women, African Americans, Hispanic Americans, Asian Americans, and Native Americans. Must hold the professional license for the business, if applicable.
In order for a vendor to be recognized as a VBE or W/MBE by the City the following documentation must be submitted with the vendor’s registration through the City’s e-procurement system and/or such documentation must be submitted with their quote or bid submission:
Valid Veteran or W/MBE Certification form from one of the following:
U.S. Small Business Administration
National Veteran Owned Business Association
Florida Minority Supplier Development Council
Women Business Enterprise National Council
The State of Florida Office of Supplier Diversity
Florida Department of Transportation
Other Florida governmental agencies
A Vendor preference shall not be afforded in any quote or bid award where it is precluded by law, administrative rule, policy, regulation or related funding agreement.
This policy in no way supersedes the Local Preference Policy.
The vendor acknowledges that the City, during any fiscal year, shall not expend money, incur any liability, or enter into any agreement which, by its terms, involves the expenditure of money in excess of the amounts budgeted or the reduction of revenues for those budgeted agreements that may be available for expenditure during such fiscal year. Any agreement, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such agreement. Nothing herein contained shall prevent the making of agreements for a period exceeding one year, but any agreement so made shall be executory only for the value of the services to be rendered or agreed to be paid for in the succeeding fiscal years. Accordingly, the City’s performance and obligation to pay under this agreement is contingent upon annual appropriation.
Either party hereunder may be temporarily excused from performance if an Event of Force Majeure directly or indirectly causes its nonperformance. An “Event of Force Majeure” is defined as any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall be excused from performance if nonperformance is due to forces which are reasonably preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied prior to, during, or immediately after their occurrence. Within five (5) days after the occurrence of an Event of Force Majeure, the non-performing party shall deliver written notice to the other party describing the event in reasonably sufficient detail, along with proof of how the event has precluded the non-performing party from performing its obligations hereunder, and a good faith estimate as to the anticipated duration of the delay and the means and methods for correcting the delay. The nonperforming party’s obligations, so far as those obligations are affected by the Event of Force Majeure, shall be temporarily suspended during, but no longer than, the continuance of the Event of Force Majeure and for a reasonable time thereafter as may be required for the non-performing party to return to normal business operations. If excused from performing any obligations under this Agreement due to the occurrence of an Event of Force Majeure, the non-performing party shall promptly, diligently, and in good faith take all reasonable action required for it to be able to commence or resume performance of its obligations under this Agreement. During any such time period, the non-performing party shall keep the other party duly notified of all such actions required for it to be able to commence or resume performance of its obligations under this Agreement.
A. Unless otherwise defined herein, terms used in this Section which are defined in Section 448.095, Florida Statutes, as may be amended from time to time, shall have the meaning ascribed in said statute.
B. Pursuant to Section 448.095(5), Florida Statutes, the contractor hereto, and any subcontractor thereof, must register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. The contractor acknowledges and agrees that (i) the City and the contractor may not enter into this Agreement, and the contractor may not enter into any subcontracts hereunder, unless each party to this Agreement, and each party to any subcontracts hereunder, registers with and uses the E-Verify system; and (ii) use of the U.S. Department of Homeland Security’s E-Verify System and compliance with all other terms of this Certification and Section 448.095, Fla. Stat., is an express condition of this Agreement, and the City may treat a failure to comply as a material breach of this Agreement.
C. By entering into this Agreement, the contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of this Agreement. Failure to comply will lead to termination of this Agreement, or if a subcontractor knowingly violates the statute or Section 448.09(1), Fla. Stat., the subcontract must be terminated immediately. If this Agreement is terminated pursuant to Section 448.095, Fla. Stat., such termination is not a breach of contract and may not be considered as such. Any challenge to termination under this provision must be filed in the Tenth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of Section 448.095, Fla. Stat., by the contractor, the contractor may not be awarded a public contract for a period of 1 year after the date of termination. The contractor shall be liable for any additional costs incurred by the City as a result of the termination of this Agreement. Nothing in this Section shall be construed to allow intentional discrimination of any class protected by law.
Each party shall be responsible for its own legal and attorney’s fees, costs and expenses incurred in connection with any dispute or any litigation arising out of, or relating to this Agreement, including attorney’s fees, costs and expenses incurred for any appellate or bankruptcy proceedings.
A. Certification(s).
(i) By its execution of this Agreement, the Vendor hereby certifies to the City that the Vendor is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, nor is the Vendor engaged in a boycott of Israel, nor was the Vendor on such List or engaged in such a boycott at the time it submitted its bid, proposal, quote, or other form of offer, as applicable, to the City with respect to this Agreement.
(ii) Additionally, if the value of the goods or services acquired under this Agreement are greater than or equal to One Million Dollars ($1,000,000), then the Vendor further certifies to the City as follows:
(a) the Vendor is not on the Scrutinized Companies with Activities in Sudan List, created pursuant to Section 215.473, Florida Statutes; and
(b) the Vendor is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; and
(c) the Vendor is not engaged in business operations (as that term is defined in Florida Statutes, Section 287.135) in Cuba or Syria; and
(d) the Vendor was not on any of the Lists referenced in this subsection A(ii), nor engaged in business operations in Cuba or Syria when it submitted its proposal to the City concerning the subject of this Agreement.
(iii) The Vendor hereby acknowledges that it is fully aware of the penalties that may be imposed upon the Vendor for submitting a false certification to the City regarding the foregoing matters.
B. Termination. In addition to any other termination rights stated herein, the City may immediately terminate this Agreement upon the occurrence of any of the following events:
(i)The Vendor is found to have submitted a false certification to the City with respect to any of the matters set forth in subsection A(i) above, or the Vendor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.
(ii) The Vendor is found to have submitted a false certification to the City with respect to any of the matters set forth in subsection A(ii) above, or the Vendor is found to have been placed on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, and the value of the goods or services acquired under this Agreement are greater than or equal to One Million Dollars ($1,000,000).
No oral statement of any person must modify, change, or affect the terms, conditions, or specifications stated in the resulting contract. All change orders must be approved in writing by the City before the work commences unless the delay in receiving City approval causes a threat to the public health, safety, or welfare or will result in a significant additional cost to the City due to the delay. Under any circumstance, work to be performed under the change order must not begin until all written approvals via an amendment have been received. Any work completed by the contractor without required written approvals will be the sole responsibility of the contractor, not the City.
1. Any additions, deletions, or modification similar in cost or material after bid award will need to be signed off by both the user division and the successful vendor. Price for any additions, deletions, or modifications to the bid will be negotiated and agreed upon by both parties. All agreed upon additions, deletions, or modifications will also require the Purchasing Manager’s (or designee) approval. If the addition, deletion or modification is accepted an amendment to the Bid award will be issued to the successful Bidder.
Procurement shall make award of all tie bids. In accordance with Florida law, a firm which is a drug-free workplace shall have precedence. In the event that both or neither firm is a drug-free workplace, tie bids may be awarded to one of the bidders based on any of the criteria listed below (in descending order), or as otherwise directed by Procurement to comply with all of the provisions of the Procurement Manual.
Where tie bids are between bidders, one of which is a business whose principal place of business is located in the Bartow utility service area and the other bidder is not, the recommended award shall be to the bidder located in the Bartow utility service area.
Where tie bids are between bidders, one of which is a business whose principal place of business is located in Bartow and the other bidder is not, the recommended award shall be to the bidder located in Bartow.
Availability or completion period.
Previous vendor record on similar projects or requirements.
Business location closest to Bartow.
W/MBE status
The date of issuance of a Notice to Commence via Purchase Order by the City Purchasing Department and/ or designated City Staff.
In accordance with Section 287.05701, Florida Statutes, the City may not:
(i) request documentation of or consider a Vendor’s social, political, or ideological interests when determining if the Vendor is a responsible vendor; or
(ii) give preference to a Vendor based on the Vendor’s social, political, or ideological interests.
The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Accordingly, any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
Contractor acknowledges that Section 787.06 of the Florida Statutes requires each nongovernmental entity that is executing, renewing, or extending a contract with a public governmental entity to provide the governmental entity with an affidavit signed by an officer or authorized representative under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as those terms are defined by law. Contractor agrees to furnish the City with the necessary affidavit signed by an officer or authorized representative of Firm under penalty of perjury at any time and upon request.
Dear Vendor:
This is a reminder of your obligation under Florida’s Public Records law codified in Chapter 119, Florida Statutes. As referenced in the General Terms and Conditions of any contract you have had with the City of Bartow, your firm is required to allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes.
Public Records include all records, regardless of physical form, characteristics, or means of transmission that were made or received in connection with official business which are used to perpetuate, communicate, or formalize knowledge. The policy of the State of Florida is that public records are open for the personal inspection and copying of any person. As such, all public records may be inspected and copied by any person at any reasonable time and under reasonable circumstances.
The custodian of such records must also acknowledge requests for public records promptly and provide the records as quickly as possible with only two permissible delays; the time it takes to locate the requested records and the time to review the records for exemptions.
As potential custodians of public records, vendors are prohibited from any of the following actions:
Requiring the identity of the requestor
Requiring the request for records be in writing
Requiring the reason or purpose of the records request
Restricting viewing records to hours other than normal business hours
Delaying the production of records based on an employee’s workload
Delaying the production of records due to a burdensome request
However, vendors are not required to provide personnel to answer questions regarding the content of requested records. In addition, vendors are not required to create a new record to fulfill a public records request nor reformat its records into a particular form as demanded by a requestor.
If a public records request is received, you should provide notice to Jacki Poole, City of Bartow, City Clerk jpoole.clerks@cityofbartow.net. Additional notice should be provided when the request has been fulfilled.
If you have any questions, or need additional information, please contact either Jacqueline Poole, City Clerk, or Donna Donaldson, Assistant City Clerk at 863-534-0100.
Sincerely,
Jacqueline Poole
City Clerk
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