HomeMy WebLinkAboutR-2025-052 Agreement with AAA Banners for Lightpole Banners Installation (ITB 25-003)RESOLUTION NO. 2025-052
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO AN
AGREEMENT WITH AAA FLAG AND BANNERS MFG FOR LIGHT POLE
BANNER PRODUCTION AND INSTALLATION AND TO EXCEED THE
$50,000.00 (FIFTY THOUSAND DOLLAR) SINGLE VENDOR ANNUAL
THRESHOLD FOR THE DURATION OF THE CONTRACT PERIOD;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City requires light decorative banner production, installation and
changeout services on a year-round basis to signal seasonal periods such as the holidays, patriotic
dates, and anniversaries; and
WHEREAS, ITB No. 25-003 "Light Pole Banner Production and Installation" was
awarded on April 8, 2025; and
WHEREAS, the required contract specifying the services’ scope has been prepared and
reviewed and agreed upon by both parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the proper City officials to execute an
agreement with AAA Flag and Banner MFG, which Agreement is attached as Exhibit “A” and
incorporated into this Resolution by this reference, for the provision of decorative pole-mounted
banner manufacturing and installation/changeouts.
Section 3. That the City Manager and City Attorney are authorized to make revisions
to such Amendment as are deemed necessary and proper and in the best interests of the City.
Section 4. The funding for this installation, expected to exceed $50,000.00 annually
for the applicable contract periods, will be appropriated from the Streets Contractual Services
General Account No. 001-39-06-541-34-10
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective 10 days after passage.
2 RESOLUTION #2025-052
PASSED AND ADOPTED on April 22, 2025.
Motion by Vice Mayor Salvino, second by Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND
AAA FLAG AND BANNER MFG CO OF FLORIDA LLC, TO PROVIDE AND
INSTALL LIGHT POLE BANNERS AS FURTHER DESCRIBED IN THE
CITY’S INVITATION TO BID (“ITB”) NO. 25-003.
This is an Agreement (“Agreement”) dated _________________________, 2025, between the
City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of
business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and AAA Flag &
Banner MFG Co of Florida, LLC, with a mailing address of 1450 E. 11th Avenue, Hialeah, Florida
33010.
AGREEMENT
In consideration of the mutual covenants, terms and conditions contained in this Agreement,
and other good and valuable consideration, the adequacy and receipt of which are acknowledged and
agreed upon, the parties agree to the following:
1. Parties.
City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal
place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004
and AAA Flag & Banner MFG Co of Florida, LLC, with a mailing address of 1450 E. 11th
Avenue, Hialeah, Florida 33010.
2. Term.
This Agreement between the Contractor and the City under the City of Dania Beach
Invitation to Bid (“ITB”) No. 25-003 is effective upon execution by all parties for a term of
three (3) years. The City reserves the right to renew the contract for two (2) additional one
(1) year periods, under the same terms, conditions, and specifications, by written
notification to the Contractor by the City. A copy of ITB No. 25-003 is attached as Exhibit
“A” and made a part of and incorporated into this Agreement by this reference) and shall be
considered as part of this Agreement.
3. Payment.
The Contractor has submitted their Bid Form in response to ITB No. 25-003. The rates for
services and terms of payment are provided in attached Exhibit “B” and is incorporated into this
Agreement by this reference.
4. Scope of Services.
Contractor shall be responsible for printing and installation of banners for approximately
125 light poles throughout the City on an as-needed basis. Banners will be changed
periodically to reflect seasons and advertise City events and milestones, as directed by the
City. The Contractor is responsible for the provision, installation and performance of all
equipment, materials, and services offered in their Bid. Additionally, the awarded
contractor must hold a Florida Department of Transportation (FDOT) permit for performing
requested services on FDOT roadways Bonds required.
5. Advertisement and Artwork.
A) All advertisements shall be submitted for prior approval.
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B) It is expressly understood that the City shall have the right to disapprove of any
particular advertisements and thereby prevent it from being displayed, especially in
instances in which the advertisement is adverse to the City’s interests or in poor taste, but
this right of disapproval shall not be unreasonably exercised. If this right is exercised,
Contractor shall have no claim or recourse against the City.
C) The City will not accept advertisements: -Containing or promoting obscene material;
Containing or promoting material that is harmful to minor -Containing political or
controversial content -Containing profane content -Containing violent or criminal content -
Promoting alcohol, tobacco, or firearms -Promoting or denigrating groups based on gender,
religion, race, ethnicity or political affiliation.
D) The City retains the right to terminate any advertising displays based on adverse
publicity or complaints.
E) All costs of the advertisement and the artwork for the advertisement shall be borne by
the Contractor.
6. Rules and Regulations.
Contractor shall comply with all rules and regulations of the City of Dania Beach and with
all federal and state regulatory measures and laws of any kind applicable. Specifically,
Contractor warrants that all approved designs do not infringe upon any trademark or
copyrights, state or federal.
7. Merger.
The parties agree that this writing together with the Exhibits attached and incorporated
herein constitutes the entire agreement between them and that there are no other oral or
collateral agreements or understandings of any kind or character except those contained
herein. No modification or amendments to this Agreement shall be valid, unless evidenced
by a writing signed by the parties hereto.
8. Governing Law.
This Agreement shall be construed, interpreted and governed exclusively by and
pursuant to the laws of the State of Florida, without reference to any conflicts-of-laws
rules or principles that may or would require the application of the law of any other
jurisdiction.
9. Venue.
The Parties agree that any controversy, disagreement, claim, dispute or other
proceeding between them which relates to or arises out of this Agreement, or which is
otherwise related in any manner to the relationship between the Parties, shall be subject
to the exclusive jurisdiction and venue of the courts of the State of Florida located in
Broward County, Florida. Each party irrevocably waives any right that it may have to a
trial by jury in connection with any dispute arising out of or in connection with this
Agreement.
10. Default.
In the event of any lawsuit, litigation, proceeding or action (collectively, "Action")
necessitated by a party's default with respect to its obligations under this Agreement,
the prevailing party shall be reimbursed by the other party for all costs and
expenses incurred in connection with the Action, including, but not limited to,
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reasonable attorneys' fees and costs.
11. Severability.
If, at any time, any provision in this agreement is or becomes illegal, invalid or
unenforceable in any respect under the law of any jurisdiction, the legality, validity
or enforceability of the remaining provisions shall in no way be affected or impaired
thereby. The invalid provision shall be replaced by a valid one which achieves to the
extent possible the original purpose and commercial goal of the invalid provision.
12. Indemnification and Hold Harmless.
To the fullest extent permitted by laws and regulations, Contractor shall defend,
indemnify, and hold harmless the City, its elected and appointed officials, attorneys,
administrators, consultants, agents, and employees from and against all claims,
damages, losses, and expenses, whether direct, indirect, or consequential (including
but not limited to fees and charges of attorneys and other professionals and court and
arbitration costs) arising out of or resulting from the performance of the services
provided hereunder, in whole or in part by either (i) any willful, intentional, reckless,
or negligent act or omission of Contractor any subconsultant, subcontractor, or any
person or organization directly or indirectly employed by any of them to perform or
furnish any of the services or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder and
regardless of the negligence of any such indemnified party, or (ii) any willful,
intentional, reckless, or negligent act or omission of any individual or entity not a
party to this agreement. The parties expressly agree that this provision shall be
construed broadly, and Contractor’s obligations to pay for the City's legal defense
hereunder shall arise and be fully enforceable when Contractor (or any subconsultant
or any person or organization directly or indirectly employed by Contractor) is
alleged to have acted willfully, intentionally, recklessly, or negligently in the
performance of the services required under this Agreement. For any matters in which
Contractor is obligated to pay for the City’s legal defense hereunder, Contractor shall
be permitted to retain counsel of its choosing for both Contractor and the City,
provided that such legal counsel is reasonably acceptable to the City, which consent
shall not be unreasonably withheld. Any failure of Contractor to comply with the
terms of this provision shall be deemed a material breach of this Agreement and may
subject Contractor to debarment from consideration for future award of City
contracts. This provision shall survive termination of the Agreement.
In any and all claims against the City or any of its elected or appointed officials,
consultants, agents, or employees by any employee of Contractor any subconsultant,
any person or organization directly or indirectly employed by any of them to perform
or furnish any of the services or anyone for whose acts any of them may be liable, the
indemnification obligation under the above paragraph shall not be limited in any
way by any limitation on the amount or type of damages, compensation, or benefits
payable by or for Contractor or any such subconsultant or other person or
organization under workers' or workman's compensation acts, disability benefit acts,
or other employee benefit acts. Moreover, nothing in this Indemnification and Hold
Harmless provision shall be considered to increase or otherwise waive any limits of
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liability, or to waive any immunity, established by Florida Statutes, case law, or any
other source of law.
13. Remedies and Waivers.
No failure to exercise, nor any delay in exercising, on the part of either party, any
right or remedy hereunder shall operate as a waiver thereof, nor shall any single or
partial exercise of any right or remedy prevent any further or other exercise thereof
or the exercise of any other right or remedy.
14. Assignment.
This Agreement shall not be assignable by either party, in whole or in part, without
the written consent of the other party, which consent shall not be unreasonably
withheld or denied.
15. Construction and Interpretation.
The rule requiring construction or interpretation against the drafter is waived. This
Agreement and all Addendums hereto shall be deemed as if they were drafted by
both Parties in a mutual effort.
16. Entire Agreement.
This Agreement and the Addendum(s) hereto form the entire agreement between the
Parties relating to the subject matter hereof. Except as otherwise agreed in this
Agreement, all amendments and modifications to this Agreement shall be made by a
written document executed by both Parties.
17. Waiver of Consequential Damages.
Contractor waives claims against the City for consequential damages arising out
of or related to this Agreement or its performance including, but not limited to,
damages for lost income, profit, lost bonding capacity, financing, business and
reputation, or for loss of management or labor productivity, damages incurred for
principal office expenses, including the compensation of personnel stationed there,
and for anticipated profit on any work not performed by Contractor.
18. Florida Public Records Law, Florida Statutes Chapter 119.
Records subject to the provisions of Public Records Law, Florida Statutes Chapter
119, shall be kept and maintained in accordance with such Statute. Contractor
acknowledges that records and books, not subject to exemption under Chapter 119,
may be disclosed and/or produced to third parties by the City in accordance with
requests submitted under Chapter 119 or court orders without penalty or reprisal to
the City for such disclosure and/or production. Contractor also agrees to assert, in
good faith, any relevant exemptions provided for under Chapter 119 for records in its
possession on behalf of the City. Furthermore, Contractor agrees to comply with the
provisions outlined in Section 119.0701 of the Florida Statutes, the requirements of
which are incorporated by reference herein.
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19. Sovereign Immunity.
Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all
claims by Contractor against the City unless the claim is based upon a breach of this
Agreement.. Further, the Contractor recognizes the City is a sovereign with regulatory
authority that it exercises for the health, safety, and welfare of the public. This
Agreement in no way estops or affects the City’s exercise of that regulatory authority. In
addition, the City retains the full extent of its sovereign immunity in relation to the
exercise of its regulatory authority. The Contractor acknowledges that it has no right and
will not make claim based upon any of the following:
a. Claims based upon any alleged breach by the Contractor of implied warranties
or representations not specifically set forth in this Agreement, as the parties stipulate
that there are no such implied warranties or representations of the Contractor. All
obligations of the Contractor are only as set forth in this Agreement;
b. Claims based upon negligence or any tort arising out of this Agreement;
c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys,
administrators, Contractors, agents, or any Contractor employee;
d. Claims based upon an alleged waiver of any of the terms of this Agreement
unless such waiver is in writing and signed by an authorized representative for the
Contractor and Contractor.
20. Scrutinized Companies.
Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List
created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a
boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is
found to have submitted a false certification as provided under subsection (5) of section
287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida
Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel.
21. Verification of Employment Eligibility.
Contractor represents that Contractor and each Subcontractor has registered with and uses the
E-Verify system maintained by the United States Department of Homeland Security to verify
the work authorization status of all newly hired employees in compliance with the requirements
of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that
statute. If Contractor violates this section, the City may immediately terminate this Agreement
for cause and Contractor shall be liable for all costs incurred by Municipality due to the
termination.
22. Insurance.
Contractor shall provide insurance as required in attached Exhibit C.
SIGNATURES ON THE FOLLOWING PAGES
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IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and
year first written above.
ATTEST: CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM
CITY ATTORNEY CITY MANAGER
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WITNESSES: CONTRACTOR:
AAA Flag & Banner MFG Co of Florida, LLC
a Florida limited liability company
Signature Signature
PRINT Name PRINT Name
Title
Signature
Dated: ___________________, 2025
PRINT Name
STATE OF FLORIDA)
COUNTY OF MIAMI DADE)
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, on , 2025 by ,
as of AAA Flag & Banner MFG Co of Florida,
LLC, a Florida limited liability company. He/she is personally known to me or has produced
as identification.
My Commission Expires: Notary Public, State of Florida
Print Name :
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CITY OF DANIA BEACH, FLORIDA
Light Pole Banner Production and Installation
CITY INVITATION TO BID (“ITB”) NO. 25-003
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Tuesday, January 21, 2025
Light Pole Banner Production and Installation
Invitation To Bid (“ITB”) No. 25-003
2
Table of Contents
1. NOTICE TO BIDDERS
2. GENERAL TERMS & CONDITIONS
3. SPECIAL CONDITIONS
4. SCOPE OF WORK
5. BID FORM
6. BIDDER SUBMISSIONS
Light Pole Banner Production and Installation
Invitation To Bid (“ITB”) No. 25-003
3
1. NOTICE TO BIDDERS
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
"Light Pole Banner Production and Installation"
25-003
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed
Bids for its “Light Pole Banner Production and Installation, 25-003”.
Bids will be accepted on the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl until Wednesday, February 19, 2025, at 10:00 am. Bids
received after this time will be rejected.
All submissions will remain confidential and exempt from public record disclosure requirements until the
response opening is conducted.
PROJECT DOCUMENTS
Documents may be obtained from
https://procurement.opengov.com/portal/daniabeachfl/projects/127045.
BID DOCUMENTS
Bids must be submitted electronically on the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl, the City’s designated electronic bidding system.
All bid prices shall be guaranteed firm for a minimum of one hundred twenty (120) calendar days after the
submission of the bid. No bidder may withdraw a bid within ninety (90) calendar days after the bid opening
date.
Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or award of bid,
whichever is sooner. In the event presentations are necessary, all non-presenting bidders will be required to exit
the room during the presentations of each of the other bidders as portions of selection committee meetings at
which presentations are made are exempt from Florida’s public meeting laws.
Bids will be publicly opened and read aloud immediately after the submission deadline on the Bid due date
referenced above using Microsoft Teams meeting software. Award of a contract will be made at a subsequent
City Commission meeting.
All bidders are advised that the City has not authorized the use of the City seal or logo by individuals or entities
responding to City bids. Bidders shall demonstrate successful performance of projects of a similar magnitude,
scope and value as this project.
Light Pole Banner Production and Installation
Invitation To Bid (“ITB”) No. 25-003
4
The City Commission of the City of Dania Beach reserves the right to reject any and all bids, to waive any
informality in a bid and to make an award in the best interests of the City, as Owner.
CITY OF DANIA BEACH, FLORIDA
Published on: Tuesday, January 21, 2025
Light Pole Banner Production and Installation
Invitation To Bid (“ITB”) No. 25-003
5
2. GENERAL TERMS & CONDITIONS
2.1 NO BIDS OR PROPOSALS
If a Bidder or Offeror does not intend to bid or submit a proposal, please indicate the reason, such as insufficient
time to respond, do not offer product or service, unable to meet specifications, schedule would not permit, or
any other reason.
2.2 CAUSES FOR REJECTION OF A BID OR PROPOSAL
A. No bid or proposal will be considered or accepted that, in the opinion of the City, is informal or
unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its own
proportion of the cost as nearly as is practicable. However, the City shall be under no obligation to
investigate the correctness of any bid or proposal, and the Bidder or Offeror by signing the bid or
proposal shall be deemed to have verified that no errors appear in the bid or proposal as submitted. Any
alterations, erasures, interlineations or failures of a bid or proposal to contain all items called for in the
solicitation may result in rejection of the bid or proposal.
B. If any Bidder or Offeror violates any provision in the solicitation, such Bidder or Offeror may be
disqualified from performing the Project Work, or from furnishing the requested services for which the
bid or proposal was submitted, and the Bidder or Offeror may be further disqualified from bidding or
submitting proposals on any future bids or proposals for work, for goods, or for services for the City.
2.3 GENERAL CONDITIONS
A. Purpose: The purpose of the Invitation to Bid is to establish between the City and the Contractor an
agreement to perform the project work. The successful Bidder shall provide a Performance Bond for
One Hundred Ten percent (110%) of the contract price made payable to the City of Dania Beach,
Florida, within fourteen (14) days of notification of the award of the agreement. A copy of the
Performance Bond form can be found in the attachments; it is made a part of and is incorporated into the
ITB by this reference.
B. Documentation: Bidder shall submit in its bid the following:
1. Evidence that the Bidder is certified and licensed to perform the required services in the State of
Florida. The successful Bidder must be in compliance with all applicable laws and regulations;
2. A statement stating the number of years the Contractor has been a qualified provider of the requested
services; and
3. A complete Bidder’s Questionnaire; it is made a part of and is incorporated into the ITB by this
reference.
C. Bidder Expenses: Bidders are solely responsible for their own expenses in preparing and submitting
Bids, and for any meetings, negotiations or discussions with the City or its representatives and
consultants, relating to or arising from this ITB. The City and its representatives, agents, consultants and
advisors shall not be liable to any Bidder for any claims, whether for costs, expenses, losses or damages,
Light Pole Banner Production and Installation
Invitation To Bid (“ITB”) No. 25-003
6
or loss of anticipated profits, or for any other matter whatsoever, incurred by any Bidder in preparing
and submitting a Bid, or participating in negotiations for a contract, or any other activity related to or
arising out of this ITB.
D. No Contract: By submitting a Bid and participating in the process as outlined in this ITB, Bidders
expressly agree that no contract of any kind is formed under or arises from this ITB prior to the
complete signing by both parties of a formal written contract.
E. Conflict of Interest: Bidders shall disclose any potential conflicts of interest and existing business
relationships they may have with the City. If requested by the City, a Bidder should provide all pertinent
information regarding ownership of the entity within forty-eight (48) hours of the City’s request.
F. General Conditions: The agreement to be awarded will be subject to the provisions of the United States
Constitution, Florida laws, statutes and ordinances of the United States of America, the State of Florida,
Broward County and the City of Dania Beach.
2.4 SPECIAL CONDITIONS
A. Any and all Special Conditions contained in the solicitation that may be in variance or conflict with the
General Conditions shall have precedence over the General Conditions. If no changes or deletions to
General Conditions are made in the Special Conditions, then the General Conditions shall prevail in
their entirety.
B. The solicitation, Bidder Submissions, Specifications, Attachments, Addendum or Addenda, the legal
advertisement of the solicitation and any other pertinent documents form a part of the solicitation, and
ultimately, the agreement; all of the documents are made a part of and are incorporated into the
solicitation and the awarded agreement.
2.5 PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who, or which has been placed on the State of Florida convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid or proposal on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids or proposals on leases of real property to a public entity,
may not be awarded or perform work as a Contractor, supplier, subcontractor or consultant under an agreement
with any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 F. S. for CATEGORY TWO, which is $35,000.00, for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list. A form to that effect, as mentioned above,
must be submitted by the Bidder or Offeror. A copy of the Sworn Statement on Public Entities Crimes can be
found in the attachments; a copy is made a part of and is incorporated into the solicitation by this reference.
2.6 PRICES, TERMS ARE TO BE FIRM
A. The Bidder or Offeror warrants by virtue of its Bid or proposal that the prices, terms and conditions
contained in the solicitation shall be firm for a period of no less than one hundred twenty (120) calendar
days from the date of the solicitation opening.
Light Pole Banner Production and Installation
Invitation To Bid (“ITB”) No. 25-003
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B. The bid or proposal prices shall include all permit fees, royalties, license fees, taxes and other costs
arising from the use of the materials and equipment in any way involved in the Project Work, as well as
all costs of packaging, transporting and delivery of any materials and equipment to the designated
location within the City, and the site cleanup.
C. The City may require the addition or deletion of services from the Contractor if the requirements and
needs of the City change, in City’s sole opinion. This may entail additional services and additional
locations. The Contractor shall provide the City with costs for these additional services and additional
locations or both, based upon the cost structure utilized in establishing the pricing for listed locations in
initially contracted areas. Deletion of locations, services, or both shall be handled in the same manner as
described above. If the costs offered are not acceptable to the City, the City reserves the right to procure
the additional services from one or more other Contractors.
2.7 PROTECTION OF PROPERTY
A. The successful Bidder or Offeror shall at all times guard against damage or loss to City property or
property of other persons, vendors or Contractors and shall be responsible for replacing or repairing any
such damage or loss. The Contractor will be required to report any such damages immediately to the
City’s representative in charge of the Project. The successful Bidder or Offeror shall ensure that the area
in which the sidewalks are being replaced that pedestrians, and the general public are not injured nor
have access to the area (safety screening) in which work is proceeding.
B. The City reserves the right to repair any damages created by the Contractor and to deduct the
appropriate amount from any payment due to the Contractor. In all cases, the decision of the City is
final.
2.8 TRASH
Contractor shall be responsible for the daily removal of trash and debris from the Project work sites and upon
completion of the Project Work.
2.9 INSTRUCTIONS TO BIDDERS
Taxes: The City is exempt from any taxes related to the requested services, which may otherwise be imposed
by the state or federal government. This exemption does not transmit to suppliers in their purchases of goods or
services, used in work or goods supplied to the City. The Contractor shall pay all applicable sales, consumer,
use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state
statutes involving the sales tax and complying with all requirements.
2.10 RETENTION OF RECORDS AND RIGHT TO ACCESS
The successful Bidder or Offeror shall preserve and make available all financial records, supporting documents,
statistical records, and any other documents pertinent to the agreement for a period of three (3) years after
termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been
resolved at the end of these three (3) years, the records shall be retained by the City until resolution of audit
finding.
Light Pole Banner Production and Installation
Invitation To Bid (“ITB”) No. 25-003
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2.11 NON-COLLUSION STATEMENT
By submitting a bid or proposal, the Bidder or Offeror affirms that the bid or proposal is without previous
understanding, agreement, or connection with any person, business, or corporation and that the bid or proposal
is in all respects fair, and made without collusion or fraud. The Non-Collusion Affidavit form must be executed
by the Bidder or Offeror; a copy of the form can be found in the Bidders Submissions; it is made a part of and is
incorporated into the solicitation by this reference.
2.12 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS
The technical specifications may include items that are considered minimum, mandatory, or required. If any
Bidder or Offeror is unable to provide these items, and feels that the technical specifications are overly
restrictive, the Bidder or Offeror must notify the City of Dania Beach in writing immediately. Such notification
must be received by the City prior to the deadline contained in the solicitation, for questions of a material
nature, at least ten (10) calendar days prior to the solicitation opening date. If no such notification is received
prior to that deadline, the City will consider the technical specifications to be acceptable to the Bidder or
Offeror.
2.13 PUBLIC RECORDS
A. Bid or Proposal Submissions Shall Become City Property: All submissions become the property of
the City and will not be returned to the Bidder or Offeror. The City will hold all submissions in
confidence unless otherwise required by law.
B. Contractor’s Obligations: Bidders or Offerors should be aware the City is a “public body” as defined
in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section 119.0701(2) (a),
and the related provisions of the Florida Public Records Law. If awarded this project, the following will
apply:
1. Documents to Be City Property: Unless otherwise provided by law, any and all records, including
but not limited to reports, surveys, and other data and documents provided or created in connection
with the contract are and shall remain the property of the City.
2. Maintenance of Records: Bidder or Offeror agrees to keep and maintain public records in Bidder’s
or Offeror's possession or control in connection with Bidder’s or Offeror's performance under the
contract. Bidder or Offeror additionally agrees to comply specifically with the provisions of Section
119.0701, Florida Statutes. Bidder or Offeror shall 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, and following completion of the contract until the
records are transferred to the City.
3. Response to Public Records Requests: Upon request from the City custodian of public records,
Bidder or Offeror shall 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 by
Chapter 119, Florida Statutes, or as otherwise provided by law.
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4. Delivery of Records: Upon completion of the contract or in the event of termination by either party,
any and all public records relating to the contract in the possession of the Bidder or Offeror shall be
delivered by the Bidder or Offeror to the City Manager, at no cost to the City, within seven (7) days.
All such records stored electronically by Bidder or Offeror shall be delivered to the City in a format
that is compatible with the City’s information technology systems. Once the public records have
been delivered upon completion or termination of the contract, the Bidder or Offeror shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. Any compensation due to Bidder or Offeror shall be withheld until all
records are received as provided in this solicitation.
5. Failure to Comply: Bidder’s or Offeror's failure or refusal to comply with the provisions of this
section shall result in the immediate termination of the contract by the City.
C. Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes:
IF THE BIDDER OR OFFEROR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S OR OFFEROR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THE CONTRACT, THE BIDDER OR OFFEROR MUST
CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: Elora Riera, City Clerk
Mailing Address: 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004
Telephone number: 954-924-6800, Ext. 3623
Email: eriera@daniabeachfl.gov
2.14 SUCCESSORS AND ASSIGNS
The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and legal
representatives to the agreement. Neither party to the agreement shall assign or subcontract it or any portion of
it, without the advance written consent of the other.
2.15 QUALIFICATION OF BIDDERS OR OFFERORS
A. Bidders’ or Offeror's Qualifications: The Bidder or Offeror shall complete the Questionnaire Section,
along with any other evidence of satisfactory experience and ability to perform the proposed Work. The
failure of Bidder or Offeror to demonstrate successful performance of projects of a similar magnitude,
scope and value as this project may be deemed to be grounds for declaring the Bidder or Offeror to be
non-responsible.
B. Certified Financial Statement: If requested by the Owner, the Bidder or Offeror shall submit a
certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current
financial resources, liabilities, capital equipment, and financial history performance.
C. Disqualification: A Bidder or Offeror shall be disqualified and its unopened Bid or Proposal shall be
rejected by the City for any one or more of the following reasons:
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1. Reason to believe that collusion exists among the Bidders or Offerors.
2. The Bidder or Offeror is or has been involved directly or indirectly in litigation or arbitration against
the Owner within the past ten (10) years.
3. The Bidder or Offeror has defaulted on any previous contract with the Owner within the past ten
(10) years or is in arrears on an existing contract.
4. The submittal of more than one Bid or Proposal from an individual, firm, partnership, corporation or
association under the same or different names. All such parties shall be disqualified.
5. Untimely bids or proposal shall be automatically and absolutely disqualified and returned unopened.
Excuses for the untimely submittal shall not be accepted. The time of bid or proposal receipt
documented by the City Clerk’s office shall determine the timeliness of the Bid or Proposal.
D. Non-responsible Bidder or Offeror : A Bidder or Offeror may be determined by the Owner to be
“non-responsible” once Bids or Proposals are opened, and a Bid or Proposal may be rejected for any one
or more of (but not limited to) the following reasons:
Determination of a lack of competency as may be revealed by qualification statements, financial
statements, experience records or other information disclosed to Owner by other sources.
The Bidder's or Offeror's uncompleted or pending workload on other projects, which in the judgment of
the Owner may cause detrimental impact on timely completion of the Work.
The appearance of an unbalanced Bid or Proposal, as determined by the Owner.
If the Bidder or Offeror makes one or more false statements or provides false information in connection
with any portion of the bidding documents.
If the Bidder or Offeror fails to demonstrate successful performance and completion of projects of a
similar magnitude, scope or value as this project.
E. Non-responsive Bidder or Offeror : A Bidder or Offeror may be deemed to be non-responsive and a
Bid or Proposal may be rejected for any of, but not limited to, the following reasons:
1. If the Bidder or Offeror fails to submit a complete Bid or Proposal, including but not limited to,
submitting evidence of all insurance coverages required by the Bid or Proposal and the Contract
Documents.
2. If the Bidder or Offeror fails in any way to abide by any of the provisions of the Contract
Documents.
2.16 CONTRACTOR'S RELATION TO THE CITY - INDEPENDENT CONTRACTOR
It is expressly agreed upon and understood that the Contractor will be in all respects an independent contractor
as to the Project Work, and that the Contractor is in no respect an agent or employee of the City. The agreement
will specify the Project Work to be done by the Contractor, but the method to be employed to accomplish the
work shall be the responsibility of the Contractor, unless otherwise provided in writing in the agreement.
Contractor and its employees are not entitled to any of the benefits that the City provides for City employees.
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2.17 EMPLOYEES OF THE CONTRACTOR
A. Contractors shall only designate employees who are sufficiently skilled to provide the required services
specified in the solicitation. Any person employed to provide the services who fails, refuses or neglects
to obey the instructions of the City's representative in anything relating to these services, or who appears
to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be
immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or
threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its
employees or agents, or any member of the public shall be grounds for the City to terminate the
agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment
necessary to properly maintain all Project Work areas in an acceptable and safe condition.
B. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited
by law, for all acts of their employees while in their employ.
2.18 AVAILABILITY OF FUNDS
The obligations of the City under the awarded agreement will be subject to the availability of funds.
2.19 LICENSES, PERMITS, AND FEES
In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee
a Contractor will have to pay the City before or during the work, items or services to be provided or the
percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City
by virtue of the work, items, or services as part of the agreement are as follows:
A. Contractor shall have and maintain during the term of the agreement any and all appropriate City
licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the
City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION
OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF
APPLICABLE).
B. During the performance of the agreement, there may be times when the Contractor will be required to
obtain a permit for such work, or in connection with the items or services. It is the responsibility of the
Contractor to ensure that it has the appropriate permits as may become necessary during the
performance of the work. Any fees related to the required permits in connection with the agreement will
be the sole responsibility of the Contractor.
C. Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal
government.
D. City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination
System (NPDES).
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2.20 TERMINATION OF AGREEMENT
If the successful Bidder or Offeror who or which is awarded the contract fails to provide the services, or shall in
any other manner commit a breach of the agreement and fails to remedy the same within five (5) calendar days
after receipt of written notice from the City, the City may terminate the agreement resulting from the solicitation
without any further notice to the Contractor. City representatives will review the construction services
periodically to assure that the requirements of the agreement are being met. If any work is unsatisfactory, the
Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. If deficiencies
are not corrected within five (5) working days, the City may, at its option, perform the required services or
contract to have them performed and deduct the cost of those services from the agreement cost.
2.21 TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under the
agreement, or if the Contractor shall violate any of the provisions of the agreement, the City may upon written
notice to the Contractor, terminate the right of the Contractor to proceed under the agreement, or as to such part
or parts of the agreement for which there has been a default, and may hold the Contractor liable for any
damages caused to the City by reason of such default and termination. In the event of such default and
termination, any completed services performed by the Contractor under the agreement shall, at the option of the
City become the City's property and the Contractor shall be entitled to receive equitable compensation for any
work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the
City for damages sustained by the City by reason of any breach of the agreement by the Contractor, and the City
may withhold any payments to the Contractor for the purpose of set-off until such time as the amount of
damages due to the City from the Contractor can be determined. The City reserves the right to terminate the
agreement upon thirty (30) calendar days’ written notice, without cause.
2.22 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
A. The selected Contractor shall, in addition to any other obligation to indemnify the City and to the fullest
extent permitted by law, protect, defend, indemnify and hold harmless the City, including its agents,
elected officials and employees from and against all claims, actions, liabilities, losses (including
economic losses), or costs arising out of any actual or alleged:
1. bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including
the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed
to have resulted in whole or in part from any actual or alleged act or omission of the Contractor,
anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may
be liable in the performance of the work;
2. any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or
infringement of patent rights by Contractor in the performance of the work;
3. liens, claims, actions made by the Contractor or other party performing the work; and
4. claims of whatsoever nature related to collection practices or any actions of a contradictory nature
pursuant to the Agreement or in an attempt to collect monies due or claimed to be due to the City.
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B. Indemnification for Construction Contracts. In the event that the performance of services under the
Contract is deemed to be a “construction contract” pursuant to §725.06, Florida Statutes, as it may be
amended from time to time, the following indemnification shall apply:
1. To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the
Contractor agrees to indemnify and hold harmless the Owner, its officers, employees, and assigns
from liabilities, damages, losses, and costs including, but not limited to reasonable attorney fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the
Contractor and persons employed or utilized by the Contractor in the performance of the provisions
in the Contract Documents.
2.23 INSURANCE REQUIREMENTS
A. Insurance Required Before Commencement of Work: The Contractor shall not commence Work
under the Agreement until Contractor has obtained all insurance required under this Section, and not
until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall
not allow any employee of Contractor or any Subcontractor to commence Work on any subcontract until
the Subcontractor and all Coverages required of any Subcontractor have been obtained and approved by
the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy
deductibles and self-insured retentions.
B. Insurance Requirements: Coverages shall be in force until all Work required to be performed under
the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as
evidenced by the formal written acceptance by the City. In the event insurance certificates provided to
City indicate that the insurance shall terminate and lapse during the period of the Agreement, including
any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days
prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that
equal and like coverages for the balance of the period of the Agreement, including any extension of it,
and including any applicable warranty period, is in effect. THE CONTRACTOR AND ANY
SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE
AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY
DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-
EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE
SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE
AGREEMENT OR ELSEWHERE IN THE SOLICITATION DOCUMENTS CONCERNING
CONTRACTOR DELAY.
C. Required Minimum Coverages: The below coverages are minimum limit requirements. Umbrella or
Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk
Manager of the City reviews and approves in writing the insurance limits on each of the policies. The
City must approve any changes to these specifications and has the right to review and amend coverage
requirements. The CONTRACTOR shall be held responsible for any modifications, deviations, or
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omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible
amounts.
D. GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage,
products/completed operations, blanket contractual liability, and personal/advertising injury with limits
of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars
($2,000,000.00) annual aggregate.
E. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be confirmed on or
attached to the Official Certificate of Insurance):
1. Annual Aggregate shall apply “Per Job”;
2. “The City of Dania Beach, Florida” is added as a named “Additional Insured”;
3. Additional Insured status is included for Products completed operations coverage for a period of no
less than five (5) years following the completion of the Work or Project;
4. Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form
CG 2037 (07 04);
5. Contractor’s insurance shall be primary and non-contributory;
6. Waiver of Subrogation in favor of the City;
7. 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies,
then Contractor has responsibility for notification); and
8. Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate.
F. WORKERS’ COMPENSATION INSURANCE must be provided for all persons fulfilling this
agreement whether employed, contracted, temporary, or subcontracted for the life of the agreement,
including any applicable warranty period(s), and it is to apply to all “statutory employees” of Contractor
(as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the “Workers’
Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the
Contractor, its employees, and Subcontractors.
G. In the case any work is sublet as otherwise addressed in the Agreement or Solicitation Documents, the
Contractor shall require any Subcontractors similarly to provide Workers’ Compensation Insurance for
all of the latter’s employees, in addition to any coverage afforded by the Contractor, by furnishing
Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00) Employers’ Liability
Limits Part B.
H. IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE
PROSECUTION OF THE WORK, THE FOLLOWING:
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1. ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS
EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS’ COMPENSATION
INSURANCE COVERAGE; OR
2. ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO
WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT.
I. SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE (to be confirmed
on or attached to the Official Certificate of Insurance):
1. 30 Days’ Notice of Cancellation or Modification to City (if not available on the insurance policies,
then Contractor has responsibility for notification); and
2. Waiver of Subrogation.
J. AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no
less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired, and non-owned
vehicles.
K. SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on
or attached to the Official Certificate of Insurance):
1. “The City of Dania Beach” is added as a named “Additional Insured”;
2. 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies,
then Contractor has responsibility for notification); and
3. Waiver of Subrogation.
L. Proof of Insurance: The following are requirements that must be met regarding the Bidder’s or
Offeror's delivery of Certificates of Insurance for all coverages required in the Agreement and
Solicitation Documents:
1. “Preliminary” certificate means that certificates of insurance verifying all general insurance
requirements (as noted below) must be included with Bid or Proposal at submittal on the date and
time of the Bid or Proposal opening. If the “preliminary” certificates are not included with a Bid or
Proposal submittal, then the City has the right to consider the submitted Bid or Proposal as non-
responsive on the date and time of the Bid or Proposal opening. “Preliminary” Certificates may be
issued without documentation of all “Special Provisions”. However, Contractor does understand that
all provisions, including “Special Provisions” noted below are expected to be fully documented on
or attached to the “Official” Certificates of Insurance as described below.
2. “Official” Certificates of Insurance must be delivered to the City Clerk’s office and Risk Manager of
the City. If the “Official” certificates are not delivered before or on the fourteenth (14th) Business
Day after the issuance by the City of the “Notice of Intent to Award”, then the City has the right to
consider the awarded Agreement to the successful Bidder or Offeror as void and to negotiate a
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contract with the next lowest responsive and responsible Bidder or Offeror. “Special Provisions”, as
referenced below under each type of insurance requirement shall be fully confirmed on or attached
to the “Official” certificates.
3. All Certificates of Insurance must clearly identify the contract to which they pertain, including a
brief description of the subject matter of the contract. The certificates shall contain a provision that
coverage afforded under the policies will not be canceled until at least thirty (30) days’ prior written
notice has been given to City. If this coverage is not provided, then Contractor is responsible for
such notice to City. Insurance policies for required coverages shall be issued by companies
authorized to do business under the laws of the State of Florida and any such companies’ financial
ratings must be no less than A-VII in the latest edition of the “BEST’S KEY RATING GUIDE”,
published by A.M. Best Guide. In the event that the insurance carrier’s rating shall drop, the
insurance carrier shall immediately notify the City in writing.
2.24 SAFETY
A. The successful Bidder or Offeror shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Project Work. The successful Bidder or Offeror
shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial
safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational
Safety and Health Act of 1970 (OSHA), and its amendments.
B. Bidder or Offeror, by submitting a bid or proposal, certifies that all materials and equipment to be
supplied for the Project will meet all federal and state requirements, including but not limited to, the
Occupational Safety and Health Act (OSHA).
2.25 WARRANTY
The Contractor shall warrant to the City that materials and equipment furnished under the agreement will be of
good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be
free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not
conforming to those terms and conditions, including substitutions not properly approved and authorized may be
considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications
not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear
and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of
materials and equipment. All manufacturers’ product warranties shall be registered in the City’s name and for
its sole benefit.
2.26 RESPONSIBLE BIDDER OR OFFEROR
No bid or proposal will be accepted from, nor will any agreement be awarded to, any person or entity who or
which is in arrears to the City of Dania Beach upon any debt or agreement, who or which is in default as surety
or otherwise upon any obligation to the City, who is deemed irresponsible or unreliable by the City, or who or
which has been found guilty or convicted of a Public Entity crime in any federal or state trial court of record.
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2.27 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL
INTERESTS IN GOVERNMENT CONTRACTING
Bidders or Offerors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended,
that the City will not request documentation of or consider a Bidder's or Offeror's social, political, or ideological
interests when determining if the Bidder or Offeror is a responsible Bidder or Offeror. Bidders or Offerors are
further notified that the City's governing body may not give preference to a Bidder or Offeror based on the
Bidder's or Offeror's social, political, or ideological interests.
2.28 CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD
The City shall have the right to investigate the financial condition and experience record of the Bidder or
Offeror, and determine to its satisfaction the competency of the Bidder or Offeror to undertake the requested
services in the solicitation.
2.29 SOLICITATION PROTEST PROCEDURE
A. After a Notice of Intent to Award a contract is posted, any actual or prospective Bidder or Offeror
claiming to be aggrieved in connection with the pending award of the Contract or any element of the
process leading to the award of the Contract may protest to the City Manager. A protest must be filed by
5:00 PM on the third (3rd) Business Day after posting of the Notice of Award (excluding the day that
the Notice is posted) or any right to protest is waived. The protest must be in writing, must identify the
name and address of the protester, and must include a factual summary of, and the basis for, the protest.
Filing shall be considered complete when the protest and a Bid Protest Bond are timely received by the
City Manager’s Office.
B. A Bid Protest Bond shall accompany the written protest, to compensate City for the expenses of
administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be
returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be retained
by the City. The deposit shall be in the form of a cashier's check, and shall be the one percent (1%) of
the amount of the pending award to the initial successful Bidder or five thousand ($5,000.00) dollars,
whichever is less.
C. The Protest Committee shall have the authority to review, settle, and resolve all protests. Members of
the Protest Committee will be appointed by the City Manager. If the Protest Committee determines that
the pending award of a contract or any element of the process leading to the award involved a significant
violation of law, applicable rule or regulation, all steps necessary and proper to correct the violation
shall be taken. If the Protest Committee determines that the protest has merit, the City Manager shall
direct that all appropriate steps are to be taken to remedy it.
D. In the event of a timely protest, the City Manager shall stay the award of the Contract unless, after
consulting with the City Attorney and a representative from the City’s Department for which the
services are being obtained, the City Manager determines that the award of the Contract without delay is
necessary to protect the substantial interests of the City. The continuation of the bid award process under
these circumstances shall not preempt or otherwise affect the protest.
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2.30 LITIGATION
A. In addition to any other provision of this solicitation, the City may, in its absolute discretion, reject a Bid
or Proposal if the Bidder or Offeror, or any officer or director of the Bidder or Offeror submitting the
Bid or Proposal, is or has been engaged directly or indirectly in legal action against the City, its elected
or appointed officers, representatives or employees in relation to any matter.
B. In determining whether or not to reject a Bid or Proposal under this section, the City will consider
whether the litigation is likely to affect the Bidder’s or Offeror's ability to work with the City, its
consultants and representatives and whether the City’s experience with the Bidder or Offeror indicates
that there is a risk that the City will incur increased staff and legal costs in the administration of the
contract if it is awarded to the Bidder or Offeror.
C. A contract with the successful Bidder or Offeror will include the following:
GOVERNING LAW; CONSENT TO JURISDICTION. The law of the State of Florida shall govern the
contract. The contract is not subject to arbitration. THE PARTIES EXPRESSLY WAIVE ALL
RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES ARISING FROM, OR IN ANY WAY
CONNECTED WITH THIS AGREEMENT. THE PARTIES UNDERSTAND AND AGREE
THAT THIS WAIVER IS A MATERIAL CONTRACT TERM.
D. All claims, counterclaims, disputes and other matters in question between City and the Contractor
arising out of, relating to or pertaining to the Contract, the breach of it, the services of it, or the standard
of performance required in it, are to be addressed by resort to non-binding mediation as authorized under
the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the
parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and,
upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation
is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in
Broward County, Florida, or the Federal District Court of the Southern District of Florida and
appropriate appellate courts for such venue and jurisdiction. If City or Contractor incurs any expense in
enforcing the terms of the Contractor, whether suit is brought or not, each party shall bear its own costs
and expenses including, but not limited to, court costs and reasonable attorney fees.
2.31 CONTRACT AWARD AND EXECUTION
A. Bid or Proposal Opening and Evaluation: The City will publicly open and announce all bids or
proposals it receives by total amount in accordance with the terms of the advertisement. The City will
verify all bidders or offerors have properly submitted and executed all required solicitation documents
and forms; review all bids or proposals for accuracy; prepare a tabulation of the bids showing the item
details and total bid for all responsible bids; check for conformance of all bids or proposals to the
engineer's estimate; evaluate unbalanced bid or proposal items; confirm the bid tabulations; and provide
a recommendation for award of bid or proposal or recommendation for re-advertisement, if appropriate,
to the City Commission.
B. Rejection of Bids or Proposals: The City may reject bids or proposals in the following circumstances:
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1. where the low bid differs from the engineer's estimate by an unreasonable amount (reasonable
conformance pursuant to 23 CFR 635.114(c))
2. where obvious unbalancing of unit prices has occurred, or
3. where competition is considered to be inadequate relative to the size, type, and location of the
project.
C. Prohibition of Negotiations with Contractors or Bidders or Offerors: Negotiations with contractors
are not permitted during the advertisement, award, or execution period of the contracting process.
D. Contract Award and Execution: The City will enter into a contract with the lowest priced and the
most responsive and responsible bidder. The contract term shall be for a period of three (3) years. In
addition, contingent upon Budget approval, the City reserves the right to renew the contract for two (2)
additional one (1) year periods, under the same terms, conditions, and specifications, by written
notification to the Contractor by the City.If the City is unable to come to terms with the lowest priced
and the most responsive and responsible bidder, the City shall initiate the award process with the next
lower priced most responsive and responsible bidder, and so on, until a contract is executed.The City is
under no obligation to accept any Bid submitted. The City reserves the right in its sole discretion to
waive informalities in, or, at any time in the process and to reject any or all Bids at any time.
All costs incurred in the preparation and presentation of any Bid shall be wholly absorbed by the Bidder.
All supporting documentation and manuals submitted with any Bid will become the property of the City
of Dania Beach unless otherwise requested by the Bidder at the time of submission.
2.32 CONE OF SILENCE
A. Cone of Silence: Definitions: “Cone of Silence,” as used in this solicitation, means a prohibition on any
communication regarding a particular Request for Proposal (“RFP”), Request for Qualification (“RFQ”)
or Invitation to Bid (“ITB”), between:
1. a potential vendor, service provider, Bidder or Offeror, bidder, lobbyist, or consultant, and:
2. a City Commission member, City’s professional staff including, but not limited to, the City Manager
and her staff, or any member of the City’s Selection Committee.
Restriction; Notice: A Cone of Silence shall be imposed upon this solicitation upon the advertisement of the
solicitation. At the time of imposition of the Cone of Silence, the City Manager or designee shall provide for
public notice of the Cone of Silence by posting a notice at City Hall. The City Manager shall issue a written
notice as to the Cone of Silence to the affected departments, file a copy of such notice with the City Clerk, with
a copy to each City Commissioner, and shall include in any public solicitation for goods or services a statement
disclosing the requirements of this section.
Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Commission
meeting (whether a regular or special meeting) at which the City Manager makes a written recommendation of
award to the City Commission. However, if the City Commission refers the City Manager’s recommendation
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back to the City Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as
the City Manager makes a subsequent written recommendation.
Exceptions to Applicability: The provisions of this section shall not apply to:
1. Oral communications at pre-bid or pre-proposal conferences;
2. Oral presentations before the Selection Committee;
3. Public presentations made to the City Commission members during any duly noticed public meeting;
4. Communications in writing at any time with any City employee, unless specifically prohibited by the
solicitation. The Bidder or Offeror shall file a copy of any written communication with the City
Clerk. The City Clerk shall make copies available to any person upon request;
5. Communications regarding the solicitation between a potential vendor, service provider, Bidder or
Offeror, lobbyist or consultant and the City’s Procurement and Contract Services Agent or City
employee designated as responsible for administering the procurement process for the solicitation,
provided the communication is limited strictly to matters of process or procedure already contained
in the corresponding solicitation document;
6. Communications with the City Attorney and his staff;
7. Duly noticed site visits to determine the competency of a Bidder or Offeror regarding the solicitation
during the time period between the opening of Bids or Proposals and the time the City Manager
makes a written recommendation;
8. Any emergency procurement of goods or services pursuant to City Code;
9. Responses to the City’s request for clarification or additional information;
10. Contract negotiations during any duly noticed public meeting;
11. Communications to enable City staff to seek and obtain industry comment or perform market
research, provided all related communications between a potential vendor, service provider, Bidder
or Offeror, lobbyist, or consultant and any member of the City’s professional staff including, but not
limited to, the City Manager and his staff are in writing or are made at a duly noticed public meeting.
Penalties: Violation of this section by a particular Bidder or Offeror shall render any solicitation award or
contract to the Bidder or Offeror voidable by the City Commission or City Manager. Any person who violates a
provision of this section may be prohibited from serving on a City selection or evaluation committee. In
addition to any other penalty provided in this solicitation, violation of any provision of this section by a City
employee may subject the employee to disciplinary action.
Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.
2.33 ADDITIONAL GENERAL CONDITIONS
A. Liquidated Damages: Liquidated Damages will be assessed as stated in the contract for each non-
compliant day that any requirements listed in this section are not met.
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1. Staging of Material in Right-Of- Way:
Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment. Staging area shall be fenced
and screened from public sight. Contractor shall not store material such as pipes, drainage structures
and equipment within a right of way without prior approval by the City. Material shall be properly
secured and screened neatly and will not remain on right of way for more than a week. All
equipment must be stored in a designated staging area.
2. Site Restoration:
Contractor shall remove all excess material and shall clean up and restore the site to its original
condition or better. All damage, as a result of work under this Contract, done to existing structures,
pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences,
walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or
stabilized areas or driveways, and including all obstructions not specifically named in this provision,
shall be repaired, or replaced, as determined by the Engineer. Site restoration shall be done in a
timely manner as the work progresses. Site restoration work shall be completed on private property
within 30 days after being disturbed.
3. Access:
As applicable, Contractor shall provide one lane open to through-traffic for each section of
construction in each direction at all times unless a complete road closure is required. The Contractor
shall make every effort to provide access to driveways at the end of the working day. If a driveway is
not accessible, homeowners should have access to a neighboring swale area for temporary parking.
When vehicular access to homes is not possible for parking of vehicles, an area for parking shall be
provided within one block of the furthest home affected. This condition is to be avoided whenever
possible and not last more than three (3) days. Vehicular access must be provided by the end of each
business working day. The parking area location shall be coordinated by the Contractor, with the
City's approval.” In the event that this option is approved by the City, the Contractor shall notify
affected residents at least 48 hours in advance.
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3. SPECIAL CONDITIONS
3.1 INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS
A. All questions requiring interpretation or clarification of the bidding documents shall be submitted to the
project’s Q&A in the portal by NO VALUE at NO VALUE. Questions received after this time will not
be addressed.
B. For information pertaining to this ITB, Bidders shall submit questions to the portal. Such contact shall
be for clarification purposes only. Material changes, if any, to the scope of services or Proposal
procedures will be transmitted only by written addendum.
C. Interpretations or modifications of the bidding documents made in any manner other than Addendum or
Addenda issued by the City shall not be binding and shall have no effect.
D. The Bidder, prior to submitting a bid, shall acknowledge any Addendum or Addenda issued by the City
for this Project.
E. Costs for those matters not questioned and not addressed in an Addendum or Addenda, shall be the
responsibility of the Bidder, and Bidder shall be responsible to include such costs within the submitted
Bid.
F. Bidders shall use the Bid Document Forms furnished in the ITB.
G. In the event of a mathematical error in the extension of any unit price, or addition of total price, the unit
price shall prevail.
H. Insurance Coverage: Bidders who are responding to the Invitation to Bid (“ITB”) MUST comply with
all of the Insurance Requirements specified in the General Terms and Conditions of the Bid Documents
and the Agreement upon award to the successful Bidder.
3.2 BID SECURITY
A. Bid Security: Not required.
3.3 FLORIDA TRENCH SAFETY ACT
The Bidder shall include with its Bid, when applicable, all documentation required by the Florida "Trench
Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid, and those
presented in any subsequent change orders shall include the Bidder's cost for compliance with the applicable
trench safety standards.
3.4 QUALIFICATION OF BIDDERS
A. Bidders’ Qualifications: The Bidder shall complete the Bidders’ Questionnaire Section, along with any
other evidence of satisfactory experience and ability to perform the proposed Work. The failure of
Bidder to demonstrate successful performance of projects of a similar magnitude, scope and value as this
project may be deemed to be grounds for declaring the Bidder to be non-responsible.
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B. Certified Financial Statement: If requested by the Owner, the Bidder shall submit a certified financial
statement, prepared within thirty (30) days of submission of the bid, indicating current financial
resources, liabilities, capital equipment, and financial history performance.
C. Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by the City for
any one or more of the following reasons:
1. Reason to believe that collusion exists among the Bidders.
2. The Bidder is or has been involved directly or indirectly in litigation or arbitration against the Owner
within the past ten (10) years.
3. The Bidder has defaulted on any previous contract with the Owner within the past ten (10) years or
is in arrears on an existing contract.
4. The submittal of more than one Bid from an individual, firm, partnership, corporation or association
under the same or different names. All such parties shall be disqualified.
5. Untimely bids shall be automatically and absolutely disqualified and returned unopened. Excuses for
the untimely submittal shall not be accepted. The time of bid receipt documented by the City Clerk’s
office shall determine the timeliness of the Bid.
D. Non-responsible Bidder: A Bidder may be determined by the Owner to be “non-responsible” once Bids
are opened, and a Bid may be rejected for any one or more of (but not limited to) the following reasons:
Determination of a lack of competency as may be revealed by qualification statements, financial
statements, experience records or other information disclosed to Owner by other sources.
The Bidder's uncompleted or pending workload on other projects, which in the judgment of the Owner
may cause detrimental impact on timely completion of the Work.
The appearance of an unbalanced Bid, as determined by the Owner.
If the Bidder makes one or more false statements or provides false information in connection with any
portion of the bidding documents.
If the Bidder fails to demonstrate successful performance and completion of projects of a similar
magnitude, scope or value as this project.
E. Non-responsive Bidder: A Bidder may be deemed to be non-responsive and a Bid may be rejected for
any of, but not limited to, the following reasons:
1. If the Bidder fails to submit a complete Bid, including but not limited to, submitting evidence of all
insurance coverages required by the Bid and the Contract Documents.
2. If the Bidder fails in any way to abide by any of the provisions of the Contract Documents.
3.5 BILLING PROCEDURE
The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to
City Hall.
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City of Dania Beach Finance Department
Attn: Accounts Payable
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
with a copy to:
City of Dania Beach Public Services Department
Attn: Fernando Rodriguez
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
The City will pay to the Contractor for the faithful performance of the Contract, in lawful money of the United
States, and subject to adjustments as provided in the Contract Documents, the amounts equal to the sum of the
unit, lump sum price or both established for each separately identified work item, times the estimated quantity
of that item, as indicated in the Schedule of Prices.
As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is an estimate only
and the final Contract amount and the total payment made to the Contractor will be based on the actual number
of units of each work item incorporated in the Work of the Contract. It is understood that the unit prices quoted
or established for work items will be used for computing the amount to be paid to the Contractor, based on the
quantities actually constructed as determined by the applicable measurement and payment portion of the
Specifications.
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4. SCOPE OF WORK
4.1 SCOPE
A. The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking bids from qualified
Contractors (the “Contractor”), for a project known as “Light Pole Banner Production and
Installation”. The City seeks to contract with a vendor for printing and installation of banners for
approximately 125 light poles throughout the City on an as-needed basis. Banners will be changed
periodically to reflect seasons and advertise City events and milestones, as directed by the City.The
Contractor is responsible for the provision, installation and performance of all equipment, materials, and
services offered in their Bid. Additionally, the awarded contractor must hold a Florida Department of
Transportation (FDOT) permit for performing requested services on FDOT roadways.BANNER
CONSTRUCTION SPECIFICATION
o Banner sizes:
36” x 84” (3 feet wide by 7 feet high)
24” x 48” (2 feet wide by 4 feet high)
o All banners shall be made of sixteen (16) ounce heavy duty vinyl or approved equal.
o Artwork will be provided by the City.
o Banners will be printed on both sides.
o Banners shall be printed with 4‐color process, 360 dpi outdoor heavy ink coverage and bleed
resistant technology with 3‐inch double stitch pocket at top and bottom.
o Metal grommets in corners for fastening to brackets for added security.
o Banners should be UV coated and/or be able to withstand direct sunlight as well as wind and rainfall.
o The Contractor shall provide shop drawings and details for method of installation of banners to pole.
o The banner installation and materials must be approved by the City or designated representative
prior to installation.
o The City may request a banner sample which should be the same quality as the finished product.
• INSTALLATION AND REMOVAL
o The Contractor shall be responsible for obtaining and paying for any and all permits and/or fees
required by any City, County or State permitting authority for the installation of banners.
o Any fees shall be a direct pass-through cost and will be reimbursed by the City.
o The Contractor shall be responsible for the installation and removal of approved banners.
o The Contractor shall ensure that all permits are submitted at least two (2) weeks before installation.
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o The Contractor will sort, supply, deliver and install the banners.
o Banners shall be installed in a professional manner only at approved locations.
o The Contractor must coordinate with the City of Dania Beach Public Services Department for the
location, and schedule for the installation.
o The schedule for seasonal or holiday changes will be managed by the Public Services Department.
B. MAINTENANCE: Contractor shall provide general inspections, as needed, or per City’s request.
Contractor shall provide repair or replacements within 48 hours of identification or notification of
damage caused by vandalism, an act of God, or a display failure and replacement of banners that are
defective, torn, worn, or frayed. Broken brackets will be replaced, and contractor shall dispose of
defective brackets and/or banners in a legal and environmentally safe manner. HURRICANE SEASON
(JUNE 1- NOV 30): A Hurricane Watch is a warning which indicates that hurricane conditions,
including winds of 74 mph (64 knots) or higher are expected. When a watch is announced, hurricane
conditions are expected within 36 hours. In the event of impending tropical weather, the Contractor may
be requested to remove banners.The contractor is not expected to bear the replacement cost of banners
damaged by storm force winds or other “Acts of God”. PERFORMANCE: The Contractor shall be
fully responsible for the performance of their company and completion of all work as outlined in these
specifications. The Contractor shall employ sound MOT practices and methods standard in the industry
when installing or removing banners. Supervision of personnel shall be conducted in a competent and
professional manner and is the sole responsibility of the Contractor. Any damage to the road, brick
pavers, curbing, facilities, services, utilities, irrigation systems, street furniture, tree stakes or straps,
vegetation, light pole, banner arms, etc., caused by the action of the contractor shall be repaired or
replaced at the expense of the contractor to the satisfaction of the City. Failure to restore said property
within five (5) working days following notification will result in a deduction from the next invoice of
expenses incurred through the execution of appropriate labor, material, and equipment use or rental to
restore the property to its original condition. All equipment shall be maintained in a safe operating
condition while performing work under this contract. Contractor shall have proper safety devices
maintained at all times while in use. If equipment does not contain proper safety devices and/or is being
operated in an unsafe manner, the City shall direct the Contractor to remove such equipment and/or
operator until the deficiency is corrected to the satisfaction of the City. The Contractor shall be
responsible for injury to persons caused by the operation of equipment.OSHA Rules prohibit the use of
Ariel buckets 15 feet above ground level when sustained winds speeds are in excess of 30 mph.
C. Such requests will be made no later than 72 hours in advance of the issuance of a Hurricane Watch.
D. By submitting a bid, the Bidder acknowledges that he, she, or it is familiar with the scope of services
prior to submitting a bid. Failure of a Bidder to be familiar with the requirements of the Project Work
does not relieve the Contractor of the responsibility for completion of all required services for the
Project.
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E. It shall also be the Bidder's responsibility to visit the proposed Project Site to become thoroughly
familiar with the nature and extent of the Work to be performed and all local existing site conditions,
and to make his or her own estimate of the facilities and difficulties attending the execution of the Work;
no allowance shall be made by the Owner for the Bidder's failure to do so.
F. Bids will be considered if submitted by qualified Contractors who or which have experience, including
similar previous work in the provision of the requested services. Contractors offering full service will
receive the highest consideration.
G. Applicants should include the following items in the submitted Bid:
1. Letter of Transmittal;
2. Anticipated time line to begin delivery of services;
3. A breakdown of the costs for the delivery of services described above.
4. Résumés of key personnel who will actually be assigned to the Project Work and a description of the
role of each person within the company.
5. NOTE: The City expects those personnel listed to be those who will be actually performing the
Project Work. Substitutions (Contractors only) will be permitted only upon written approval of the
City’s representative or designee who is in charge of the Project.
6. A list of five (5) similar projects performed in South Florida (see the BIDDER SUBMISSIONS) and
it includes the following information:
a. Name of each entity for which the work was performed;
b. Brief description of the scope of work;
c. Amount of initial contract award; and
d. Name of contact person and contact information with the entity who can knowledgeably discuss
your company’s performance.
7. Indication that the Contractor can provide increased levels of service (additional hours) at the same
cost per hour; and
8. Any other information that the Contractor feels is relevant to assist the City in evaluating
Contractor’s qualifications.
9. The City intends to award an agreement to the lowest, responsive, responsible Bidder for the
requested services specified in the ITB, taking into consideration experience, staffing, equipment,
materials, references and past performance. The City reserves the right to reject any and all bids, to
waive any informality in a bid and to make an award in the best interests of the City. In case of
disputes in the award of the agreement, the decision of the City shall be final and binding on both
parties.
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10. If the Bidder to whom or to which an award is made fails to enter into an agreement, the award may
be annulled and the agreement offered to the next most qualified Bidder or to the Bidder which
offered the next lowest, responsive and responsible bid in the opinion of the City. THE
CONTRACTOR AND ANY SUBCONTRACTOR(S) SHALL NOT COMMENCE WORK ON
THE PROJECT UNTIL AN AGREEMENT HAS BEEN FULLY EXECUTED BY BOTH
PARTIES.
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5. BID FORM
Line Item Description Quantity Unit of
Measure Unit Cost Total
1 Production of 24"x48" Banner 1 EA
2 Production of 34"x84" Banner 1 EA
3 Installation 1 EA
4 Banner Change Out 1 EA
5 Emergency Removal & Re-installation 1 EA
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6. BIDDER SUBMISSIONS
1 BIDDER QUALIFICATIONS
Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania
Beach and will be a factor considered in awarding any resulting contract. The purpose is to ensure that the
successful Bidders in the sole opinion of the City of Dania Beach can sufficiently and efficiently perform all the
required services in a timely and satisfactory manner as will be required by the subject contract. If there are any
terms or conditions that are in conflict, the most stringent requirement shall apply.
1.1 Authorized representative contact information?*
Please include the name, title, phone and email of the authorized representative
*Response required
1.2 Entity type?*
☐ Corporation
☐ Partnership
☐ Individual
☐ Other (specify below)
*Response required
1.3 If you selected other please specify:
1.4 If you selected corporation please enter date of incorporation and state in which incorporated:
1.5 If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by the Office
of the Florida Secretary of State
☐ Please confirm
1.6 Please include the name and title of Principal Officers and the date they were elected:*
*Response required
1.7 How many years has your organization been in business?*
Enter years
*Response required
1.8 The length of time (continuous) in business in Florida:*
Enter years
*Response required
1.9 Please upload a copy of a county or municipal Business Tax Receipt*
*Response required
1.10 Please upload the Resumes of key personnel who will be assigned to Project Work and a description of the
role of each person within the company*
*Response required
1.11 Have you ever failed to complete any work awarded to you?*
☐ Yes
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☐ No
*Response required
When equals "Yes"
1.11.1 If yes, please explain below*
*Response required
1.12 Within the last five years, has any officer or partner of your organization ever been an officer or partner of
another organization that failed to complete an Agreement?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.12.1 If yes, please explain below*
*Response required
1.13 Within the last five years, have you ever had a performance, payment or bid bond called?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.13.1 If yes, please explain below*
*Response required
1.14 Have you, any officer or partner of your organization, or the organization been involved in any litigation or
arbitration against the City?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.14.1 If yes, please explain below*
*Response required
1.15 Within the last five years, have you, any officer or partner of your organization, or the organization or
parent company or its subsidiaries been involved in any litigation or arbitration against any other
Florida public entity?*
☐ Yes
☐ No
*Response required
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When equals "Yes"
1.15.1 If yes, please explain below*
*Response required
1.16 Within the last five years, have you, any officer or partner of your organization, or the organization or
parent company or its subsidiaries been involved in any litigation or arbitration against any private
entity for an amount greater than $100,000?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.16.1 If yes, please explain below*
*Response required
1.17 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent
company been charged or indicted for any criminal activity within the last five years?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.17.1 If yes, please explain below*
*Response required
1.18 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent
company been convicted or fined for any criminal activity within the last five years?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.18.1 If yes, please explain below*
*Response required
1.19 Within the last five years, have you, any officer or partner of your organization, or the organization been
investigated by any local, state, or federal law enforcement agency, criminal justice agency or
inspector general office?*
☐ Yes
☐ No
*Response required
When equals "Yes"
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1.19.1 If yes, please explain below*
*Response required
1.20 Within the last five years, have you, any officer or partner of your organization, or the organization
communicated with any local, state, or federal law enforcement agency, criminal justice agency or
inspector general office relating to goods or services provided or performed for any governmental
entity?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.20.1 If yes, please explain below*
*Response required
1.21 Within the last five years, have there been any reports or audits relating to you, any officer or partner of
your organization, or the organization issued by any local, state, or federal law enforcement agency,
criminal justice agency or inspector general office.*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.21.1 If yes, please explain below*
*Response required
1.22 Within the last five years, have you, any officer or partner of your organization, or the organization failed
to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or
potential or apparent conflicts of interest?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.22.1 If yes, please explain below*
*Response required
2 Commercial/Government References
Provide a list of at least five commercial or government references that the successful Bidder has supplied
service/commodities meeting the requirements of the City of Dania Beach specifications, within the last five (5)
years
2.1 Reference 1*
Please include:
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Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
2.2 Reference 2*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
2.3 Reference 3*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
2.4 Reference 4*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
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2.5 Reference 5*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
3 BIDDER'S QUESTIONNAIRE
The undersigned guarantees the truth and accuracy of all statements and answers contained below:
3.1 List below all pertinent information and data that would indicate the ability of your organization and
management personnel to perform satisfactorily.*
*Response required
3.2 Have you personally completed a plan for performance of the work?*
*Response required
3.3 Have you ever failed to complete work awarded to you?*
☐ Yes
☐ No
*Response required
When equals "Yes"
3.3.1 If so, when, where and why?*
*Response required
3.4 What equipment do you own that is available for work?
3.5 Has your company ever been debarred or held in default in Broward, Miami-Dade, or Palm Beach Counties
or elsewhere by any other governmental entity?*
*Response required
3.6 How many employees (Contractors only) will be assigned to perform the services?*
*Response required
3.7 How many supervisors will be assigned to perform the services?*
*Response required
3.8 Will personnel be part of a regular crew assigned to perform the services? *
☐ Yes
☐ No
*Response required
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3.9 Will you be able to provide service for emergency situations? *
☐ Yes
☐ No
*Response required
When equals "Yes"
3.9.1 If so, how much notice is required?*
*Response required
3.10 What equipment do you own that is available to complete the Project?*
EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS AND SHIELDS
INSTALLED AND FUNCTIONING AT THE TIME OF WORK.
*Response required
3.11 Please attach copies of any licenses, awards, certificates, etc., that you may have.
4 REQUIRED FORMS
4.1 DRUG-FREE WORKPLACE CERTIFICATION*
Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are received by
the CITY OF DANIA BEACH for the procurement of commodities or contractual services, a bid/Bid received
from a business that certifies that it has implemented a drug-free workplace program shall be given preference
in the award process. In order to have a drug-free workplace program, a business shall:
A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of controlled substances is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
C. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in number (1).
D. In the statement specified in number (1), notify the employees that as a condition for working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction on or plea of guilty or no contest to any
violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any
singular state, for a violation occurring in the workplace no later than five (5) days after such conviction.
E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee’s community by any employee who is so convicted.
F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of
Section 287.087, Florida Statutes.
Light Pole Banner Production and Installation
Invitation To Bid (“ITB”) No. 25-003
37
By confirming I certify that said Company has implemented a drug-free workplace program, which meets the
requirements of Section 287.087, Florida Statutes, which are identified in letters (A) through (F) above.
☐ Please confirm
*Response required
4.2 Affidavit of Compliance with Anti-Human Trafficking Laws*
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
• Anti-Human_Trafficking_Exhi...
*Response required
4.3 Non-Collusion Affidavit*
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
• Non_Collusion_Affidavit.pdf
*Response required
4.4 Independence Affidavit *
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
• Independence_Affidavit.pdf
*Response required
4.5 Sworn Statement on Public Entity Crimes*
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
[AAA FLAG AND BANNER MFG] RESPONSE DOCUMENT REPORT
ITB No. 25-003
Light Pole Banner Production and Installation
[AAA FLAG AND BANNER MFG] RESPONSE DOCUMENT REPORT
Invitation To Bid - Light Pole Banner Production and Installation
Page 15
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Production of 24"x48" Banner 1 EA $64.50 $64.50
2 Production of 34"x84" Banner 1 EA $74.50 $74.50
3 Installation 1 EA $36.00 $36.00
4 Banner Change Out 1 EA $36.00 $36.00
5 Emergency Removal & Re-installation 1 EA $650.00 $650.00
EXHIBIT “C”
INSURANCE REQUIREMENTS
2.23 INSURANCE REQUIREMENTS
A. Insurance Required Before Commencement of Work: The Contractor shall not
commence Work under the Agreement until Contractor has obtained all insurance
required under this Section, and not until such time that the coverages are approved by
the Risk Manager of the City. The Contractor shall not allow any employee of Contractor
or any Subcontractor to commence Work on any subcontract until the Subcontractor and
all Coverages required of any Subcontractor have been obtained and approved by the
Risk Manager of the City. In addition, Contractor shall be responsible for any and all
policy deductibles and self-insured retentions.
B. Insurance Requirements: Coverages shall be in force until all Work required to be
performed under the terms of the Agreement, including any applicable warranty period, is
satisfactorily completed as evidenced by the formal written acceptance by the City. In the
event insurance certificates provided to City indicate that the insurance shall terminate
and lapse during the period of the Agreement, including any applicable warranty period,
then in that event, the Contractor shall furnish, at least thirty (30) days prior to the
expiration of the date of such insurance, a renewed Certificate of Insurance as proof that
equal and like coverages for the balance of the period of the Agreement, including any
extension of it, and including any applicable warranty period, is in effect. THE
CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR
CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS ALL
COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE
WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE,
SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE
SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE
AGREEMENT OR ELSEWHERE IN THE SOLICITATION DOCUMENTS
CONCERNING CONTRACTOR DELAY.
C. Required Minimum Coverages: The below coverages are minimum limit requirements.
Umbrella or Excess Liability policies are acceptable to provide the total required liability
limits, as long as the Risk Manager of the City reviews and approves in writing the
insurance limits on each of the policies. The City must approve any changes to these
specifications and has the right to review and amend coverage requirements. The
CONTRACTOR shall be held responsible for any modifications, deviations, or omissions
in these insurance requirements. CONTRACTOR shall be responsible for any deductible
amounts.
D. GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property
damage, products/completed operations, blanket contractual liability, and
personal/advertising injury with limits of no less than One Million Dollars
($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual
aggregate.
E. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
1. Annual Aggregate shall apply “Per Job”;
2. “The City of Dania Beach, Florida” is added as a named “Additional Insured”;
3. Additional Insured status is included for Products completed operations coverage for
a period of no less than five (5) years following the completion of the Work or
Project;
4. Additional insured coverage shall be no more restrictive than Insurance Services
Office (ISO) form CG 2037 (07 04);
5. Contractor’s insurance shall be primary and non-contributory;
6. Waiver of Subrogation in favor of the City;
7. 30 Days’ Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
8. Copy of Additional Insured Endorsement or other endorsements may be attached to
the Certificate.
F. WORKERS’ COMPENSATION INSURANCE must be provided for all persons
fulfilling this agreement whether employed, contracted, temporary, or subcontracted for
the life of the agreement, including any applicable warranty period(s), and it is to apply to
all “statutory employees” of Contractor (as that phrase is defined by Chapter 440, Florida
Statutes), in compliance with the “Workers’ Compensation Law" of the State of Florida
and all applicable federal laws, for the benefit of the Contractor, its employees, and
Subcontractors.
G. In the case any work is sublet as otherwise addressed in the Agreement or Solicitation
Documents, the Contractor shall require any Subcontractors similarly to provide
Workers’ Compensation Insurance for all of the latter’s employees, in addition to any
coverage afforded by the Contractor, by furnishing Statutory Limits Part A, and no less
than One Million Dollars ($1,000,000.00) Employers’ Liability Limits Part B.