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HomeMy WebLinkAboutR-2026-019 Beach Raker - Award of Beach Cleaning Services (25-032)RESOLUTION NO. 2026-019 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE BID AWARD FOR REQUEST FOR PROPOSALS (“RFP”) NO. 25-032, ENTITLED “BEACH CLEANING SERVICES” AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH BEACH RAKER, LLC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 2025, the City received three responses to Request for Proposals (RFP) No. 25-032 to provide Beach Cleaning Services; and WHEREAS, the City’s bid selection team made up of the Director of Parks and Recreation, Deputy Director of Parks and Recreation and Chief Ocean Lifeguard met on January 07, 2026, and evaluated the response received; and WHEREAS, during the scoring process and evaluation meeting it was determined Beach Raker, LLC., was the most qualified and responsive bidder to perform the scope of services of the RFP due to their experience as an industry leader and excellent references; and WHEREAS, staff explored the option of disposing of all seaweed as opposed to burying but it was an increase of ten times more than the burying option, making burying seaweed the fiscally responsible option aligning with the commission adopted strategic plan; and WHEREAS, the City Bid Selection Committee recommends that Beach Raker LLC, be awarded the Agreement (Exhibit A) pursuant to RFP No. 25-032 in an annual amount of One Hundred Twenty Six Thousand Dollars ($126,000.00). 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 approves the bid award to Beach Raker, LLC. for an annual amount of One Hundred Twenty Six Thousand Dollars ($126,000.00) and authorizes the proper City officials to execute an Agreement (Exhibit A) for Beach Cleaning Services. Section 3. That the amount of One Hundred Seven Thousand Dollars ($107,000.00) was planned and funded for these services in the General Fund; Beach Division, Professional Services – Account Number 001-72-02-572-31-10, and therefore, the Commission authorizes and approves a transfer of Ten Thousand One Hundred and Fifty Dollars ($10,150.00) from Account 2 RESOLUTION #2026-019 Number 001-72-02-572-52-20 and Eight Thousand Eight Hundred and Fifty Dollars ($8,850.00) from Account Number 001-72-02-572-46-50, to appropriately allocation the funding for this bid award. Section 4. That the City Manager and City Attorney are authorized to make minor revisions to the Agreement related to the work as are deemed necessary and proper for the best interests of the City. Section 5: That the City Commission authorizes the annual vendor threshold of Fifty Thousand Dollars ($50,000.00) to be exceeded each fiscal year the contract is in place subject to and made within the Parks and Recreation Department’s approved level of annual budget appropriations from Recreation Professional Services Account No. 001-72-02-572-31-10. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on February 10, 2026. Motion by Commissioner Ryan, 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 ____ ____ SIGNATURES ON THE FOLLOWING PAGE 3 RESOLUTION #2026-019 ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 AGREEMENT FOR BEACH CLEANING SERVICES This Agreement (the “Agreement”) is made and entered into as of the ___ day of __________, 2026 (the “Effective Date”), by and between the City of Dania Beach, Florida, a Florida municipal corporation, with its principal address at 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004 (the “City”), and Beach Raker, LLC, a Florida limited liability company, with its principal address at 220 NE 13th Street, Pompano Beach, Florida 33062 (the “Contractor”). RECITALS WHEREAS, the City issued Request for Proposals No. 25-032 for Beach Cleaning Services (the “RFP”); and WHEREAS, Contractor submitted a responsive proposal and was determined by the City Commission to be the most responsible and responsive proposer; and WHEREAS, the City desires to retain Contractor to provide beach cleaning services under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. SCOPE OF SERVICES 1.1 General Services. Contractor shall furnish all labor, supervision, personnel, equipment, materials, vehicles, permits, and incidentals necessary to provide beach cleaning services for approximately 2,200 linear feet of shoreline within the City of Dania Beach Ocean Park (the “Services”). All Services shall be performed in strict accordance with this Agreement, the RFP, Contractor’s proposal, and all exhibits incorporated herein. Incorporation; Order of Precedence. The following documents are hereby incorporated into this Agreement as exhibits and shall govern the scope and performance of the Services: (i) this Agreement; (ii) Request for Proposals No. 25-032 (“RFP”); and (iii) Contractor’s response and proposal submitted in response to the RFP (“Contractor’s Proposal”). In the event of any conflict or inconsistency among these documents, the order of precedence shall be: (1) this Agreement; (2) the RFP; and (3) Contractor’s Proposal. 1.2 Service Elements. Services include, without limitation: • Tide line cleaning and removal of man-made debris; • Grooming, sanitizing, and sifting of the upper beach during permitted months; • Sand sifting in volleyball, picnic, playground, beach entrance, and walkway areas as directed by the City; • Seaweed management, including raking, burying, staging, hauling, and off-site disposal when directed by the City; • Emergency and post-storm response services as requested by the City. 2 1.3 No Minimum Commitment / Non-Exclusive. Nothing in this Agreement shall be construed as guaranteeing Contractor a minimum amount of work or compensation. The City reserves the right to self-perform services or engage other contractors for similar services when deemed in the City’s best interest. 1.4 Permits and Compliance. Contractor shall obtain, maintain, and comply with all permits, approvals, and authorizations required for performance of the Services, including permits from the Florida Fish and Wildlife Conservation Commission and all environmental agencies. All costs associated with compliance shall be borne solely by Contractor. 2. TERM 2.1 Initial Term. The initial term of this Agreement shall be for five (5) years, commencing on the Effective Date unless earlier terminated as provided herein. 2.2 Renewals. Subject to satisfactory performance and annual budgetary appropriation, the City may renew this Agreement for up to two (2) additional one (1) year terms by written notice to Contractor. 2.3 Budgetary Non-Appropriation. The obligations of the City under this Agreement are contingent upon annual appropriation of funds by the City Commission. In the event funds are not appropriated for any fiscal year, the City may terminate this Agreement without penalty or liability, and such termination shall not constitute a breach. 3. COMPENSATION 3.1 Fees; Incorporated Pricing. Compensation shall be paid in accordance with the pricing set forth in Contractor’s proposal submitted in response to Request for Proposals No. 25-032 (“RFP”), as approved by the City Commission and incorporated herein by reference. Such pricing shall constitute the sole compensation for the Services, subject to the terms and limitations of this Agreement. 3.2 Payment Limited to Performed and Accepted Services. Compensation shall be paid solely for Services actually performed, completed, and accepted by the City in accordance with this Agreement. No payment shall be due for Services not performed, Services performed deficiently, or Services performed during any period of suspension. 3.3 Adjustable Service Levels. The City may increase or decrease service frequency or scope within the approved pricing structure without the need for a formal amendment, provided such adjustments remain within available budgetary appropriations. 3.4 Prohibited Charges. Contractor shall not be entitled to reimbursement for overhead, standby time, mobilization or demobilization costs, equipment wear, administrative expenses, or any other costs or charges unless expressly authorized in writing by the City. 3 3.5 Invoices; Withholding; Offsets. Contractor shall submit monthly invoices itemizing Services performed. The City may withhold, offset, or deduct from any invoice amounts reasonably related to deficient performance, liquidated damages, or other sums owed to the City under this Agreement. 3.6 Fiscal Year Limitation. Total compensation payable under this Agreement in any fiscal year shall not exceed the amount appropriated by the City Commission for the Services for that fiscal year. 4. PERFORMANCE STANDARDS; DEFICIENCIES 4.1 Standard of Care. Contractor shall perform all Services in a professional, diligent, timely, and workmanlike manner, in strict accordance with this Agreement, the RFP, Contractor’s Proposal, and all applicable federal, state, and local laws, permits, and regulations. 4.2 Inspection and Direction. The City shall have the right to inspect the Services at any time and to direct Contractor to take corrective action to remedy any deficient, non-conforming, or unsatisfactory performance. Contractor shall promptly comply with all reasonable City directives related to performance of the Services. 4.3 Deficiency Notice and Cure. If the City determines that the Services are deficient, the City may issue written notice identifying the deficiency and requiring correction. Contractor shall correct the deficiency within the time specified by the City, which may be shorter than five (5) business days where necessary to protect public health, safety, environmental resources, or public use of the beach. 4.4 Repeated or Uncorrected Deficiencies. Repeated, recurring, or uncorrected deficiencies, failure to comply with City directives, or failure to meet required service frequencies shall constitute a material breach of this Agreement. 4.5 Remedies Not Exclusive. In addition to any other remedies available under this Agreement or at law, deficiencies in performance may result in assessment of liquidated damages, suspension of Services, withholding or offset of payment, or termination for cause, as determined by the City. 5. LIQUIDATED DAMAGES Failure to perform any scheduled Service, or material deficiency in performance of a scheduled Service, without prior City approval, shall subject Contractor to liquidated damages in the amount of Three Hundred Dollars ($300.00) per missed or materially deficient service day. The parties agree that this amount represents a reasonable pre-estimate of the City’s actual damages, which are difficult to ascertain due to the public, safety, and reputational impacts of non-performance, and is not a penalty. Liquidated damages assessed in any calendar month shall not exceed the total monthly service fee for that month. Assessment of liquidated damages shall not preclude the City from exercising any other rights or remedies available under this Agreement or at law. 4 6. INDEPENDENT CONTRACTOR Contractor is and shall remain an independent contractor. No provision of this Agreement shall be deemed to create an employment, partnership, or joint venture relationship between the City and Contractor. 7. INSURANCE Contractor shall maintain insurance coverage meeting or exceeding the requirements of the RFP, including workers’ compensation, commercial general liability, and automobile liability insurance. The City shall be named as an additional insured where required. Certificates of insurance shall be provided prior to commencement of Services and upon renewal. 8. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City of Dania Beach, Florida, and its officers, employees, and agents, from and against any and all claims, demands, causes of action, damages, losses, liabilities, fines, penalties, costs, and expenses, including reasonable attorneys’ fees and costs at trial and on appeal, arising out of, related to, or resulting from (i) Contractor’s performance or failure to perform the Services, (ii) the acts or omissions of Contractor, its employees, subcontractors, or agents, or (iii) any violation of law, regulation, or permit by Contractor, except to the extent caused by the sole negligence of the City. This indemnification obligation shall survive the expiration or termination of this Agreement. 9. ENVIRONMENTAL COMPLIANCE Contractor shall be solely responsible for compliance with all federal, state, and local environmental laws, regulations, permits, and approvals applicable to the Services. Contractor shall bear all costs associated with environmental compliance and shall be responsible for any fines, penalties, corrective actions, remediation, restoration, or mitigation required as a result of Contractor’s operations, acts, or omissions. Contractor shall indemnify and hold harmless the City from and against any environmental claims, enforcement actions, or third-party demands arising out of or related to Contractor’s performance of the Services. These obligations shall survive expiration or termination of this Agreement. 10. AUDIT AND RECORDS Contractor shall maintain complete and accurate records relating to the Services for a minimum of five (5) years. The City shall have the right to audit such records upon reasonable notice. 11. KEY PERSONNEL The individuals identified as key personnel in Contractor’s Proposal are material to the City’s award of this Agreement and shall be assigned to and actively involved in performance of the Services. Contractor shall not remove, replace, or materially reduce the involvement of any key 5 personnel without the City’s prior written approval, which shall not be unreasonably withheld. Any proposed replacement shall possess qualifications and experience equal to or greater than those of the individual being replaced. Unauthorized removal or substitution of key personnel shall constitute a material breach of this Agreement. Contractor shall maintain consistent supervisory staffing sufficient to ensure uninterrupted, high-quality performance of the Services. 12. FORCE MAJEURE Neither party shall be deemed in default of this Agreement to the extent that performance is prevented by an event beyond the reasonable control of the affected party, including acts of God, declared states of emergency, or other unforeseeable events, provided that such event does not include equipment failure, labor disputes, subcontractor failure, supply chain issues, or failure to obtain or maintain required permits or approvals. The affected party shall provide prompt written notice of the force majeure event and shall use diligent efforts to mitigate its effects and resume performance as soon as practicable. During any period of force majeure, Contractor shall not be entitled to payment for Services not performed. If a force majeure event continues for more than thirty (30) consecutive days, the City may, at its option, suspend the Services or terminate this Agreement without penalty. 13. SUSPENSION OF SERVICES The City may, at any time and for any reason, including administrative, operational, safety, environmental, weather-related, or budgetary reasons, temporarily suspend all or any portion of the Services upon written notice to Contractor. During any period of suspension, Contractor shall not perform the suspended Services and shall not be entitled to payment, standby charges, delay damages, or other compensation for the suspended Services. The City shall have sole discretion to determine the duration of the suspension and the conditions for resumption of Services. Suspension of Services shall not constitute a termination of this Agreement and shall not give rise to any claim against the City. 14. TERMINATION 14.1 Termination for Convenience. The City may terminate this Agreement, in whole or in part, for its convenience and without cause, upon thirty (30) days’ written notice to Contractor. In the event of termination for convenience, Contractor shall be entitled only to payment for Services satisfactorily performed and accepted by the City through the effective date of termination, and shall not be entitled to lost profits, consequential damages, or compensation for unperformed Services. 14.2 Termination for Cause. The City may terminate this Agreement, in whole or in part, upon written notice if Contractor materially breaches this Agreement, including but not limited to failure to meet performance standards, repeated deficiencies, unauthorized substitution of key personnel, violation of law or permit requirements, or failure to maintain required insurance. Except where immediate termination is necessary to protect public health, safety, or welfare, the 6 City may, in its discretion, provide Contractor with a reasonable opportunity to cure such breach. Failure to cure within the time specified shall constitute grounds for immediate termination. 14.3 Effect of Termination. Termination shall not relieve Contractor of obligations that by their nature are intended to survive termination, including indemnification, environmental responsibilities, audit rights, and public records obligations. 15. ASSIGNMENT AND CHANGE OF CONTROL; SUBCONTRACTING Contractor shall not assign, transfer, convey, subcontract, delegate, or otherwise dispose of this Agreement or any portion of the Services, nor shall Contractor undergo any merger, consolidation, sale of substantially all assets, equity transfer, or other change in ownership or control, without the prior written consent of the City, which consent may be granted or withheld in the City’s sole discretion. Subcontracting of any core or material portion of the Services is expressly prohibited. Contractor may utilize vendors only for incidental or ancillary support services that do not involve performance of the core beach cleaning Services and that do not relieve Contractor of any obligation under this Agreement. Any attempted assignment, subcontract, or change of control without the City’s prior written consent shall be null and void and shall constitute a material breach of this Agreement. 16. PUBLIC RECORDS Contractor shall comply with Section 119.0701, Florida Statutes, regarding public records. 17. GOVERNING LAW; VENUE This Agreement shall be governed by Florida law. Venue shall lie exclusively in Broward County, Florida. 18. NO WAIVER OF SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be construed as a waiver of the City’s sovereign immunity or of the limits of liability set forth in section 768.28, Florida Statutes, or any other applicable law. The City expressly reserves all rights, defenses, and immunities provided by law. 19. NO WAIVER No waiver by the City of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. No waiver shall be effective unless made in writing and signed by an authorized representative of the City. The City’s failure or delay in exercising any right, power, or remedy under this Agreement shall not operate as a waiver of such right, power, or remedy. 7 20. ENTIRE AGREEMENT; AMENDMENTS This Agreement, together with all documents expressly incorporated by reference, including the RFP and Contractor’s Proposal, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, representations, understandings, or agreements, whether written or oral. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and executed by the City Manager or other duly authorized representative of the City. No course of dealing, course of performance, or informal practice shall be deemed to modify or amend the terms of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ON THE FOLLOWING PAGES 8 IN WITNESS OF THE FOREGOING, the parties have executed this Renewal on the date shown above. CITY: CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED FOR FORM AND CORRECTNESS: EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER 9 CONTRACTOR: BEACH RAKER, LLC a Florida Limited Liability Company Signature Signature PRINT Name PRINT Name Signature TITLE PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on _____ , 2026 by ___ _________ , as of BEACH RAKER, LLC, a Florida limited liability company. He/she is personally known to me or has produced as identification. NOTARY PUBLIC State of Florida My Commission Expires: 1 CITY OF DANIA BEACH, FLORIDA Beach Cleaning Services CITY REQUEST FOR PROPOSAL (“RFP”) NO. 25-032 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Wednesday, November 19, 2025 Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 2 Table of Contents 1. NOTICE TO PROPOSERS 2. PROPOSAL SUBMISSION 3. INSTRUCTIONS TO PROPOSERS 4. SUBMISSION OF PROPOSALS 5. QUALIFICATIONS OF PROPOSALS 6. SCOPE OF WORK 7. PROPOSAL REQUIRMENTS 8. EVALUATION CRITERIA 9. AWARD OF AGREEMENT 10. PUBLIC RECORDS 11. INSURANCE REQUIREMENTS 12. INDEMNIFICATION 13. INDEPENDENT CONTRACTOR 14. DEBARMENT AND SUSPENSION 15. SCRUTINIZED COMPANIES 16. VERFICATION OF EMPLOYMENT ELIGIBILTY 17. DELIVERIES 18. WARRANTIES 19. SAFETY STANDARDS 20. INSPECTION 21. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT 22. TAXES 23. PERMITS, FEES AND NOTICES 24. PERFORMANCE Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 3 25. TERMINATION OF CONTRACT 26. SUCCESSORS AND ASSIGNS; ASSIGNMENT; SUBLETTING 27. EMPLOYEES OF THE PROPOSER 28. LITIGATION 29. OTHER GOVERNMENTAL ENTITIES 30. UNBALANCED PROPOSAL PRICING 31. BUDGETARY CONSTRAINT 32. CONTINGENT FEES PROHIBITED 33. CONE OF SILENCE 34. GENERAL TERMS & CONDITIONS 35. SPECIAL CONDITIONS 36. PROPOSER SUBMISSIONS Attachments: A - Sample Agreement Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 4 1. NOTICE TO PROPOSERS CITY OF DANIA BEACH, FLORIDA REQUEST FOR PROPOSALS "Beach Cleaning Services" 25-032 NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed Bids for its “Beach Cleaning Services, 25-032”. Bids will be accepted on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl until Wednesday, December 10, 2025, at 11:00 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/209493. 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. The City of Dania Beach reserves the right to reject any and all proposals, with or without cause, to waive any informality in a proposal, to terminate the process or re-advertise and solicit new or additional proposals, and to make awards in the best interest of the City. 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. All Proposers are advised that the City has not authorized the use of the City seal or logo by individuals or entities responding to City bids. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 5 CITY OF DANIA BEACH, FLORIDA Published on: Wednesday, November 19, 2025 Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 6 2. PROPOSAL SUBMISSION Proposals must be submitted electronically on OpenGov, the City’s designated electronic bidding system. All bid document files must be clearly labeled 25-032 Beach Cleaning Services Pursuant to Florida law, all Proposals to this RFP are exempt public records until thirty (30) days after opening, or award of Proposal, whichever is sooner. In the event presentations are necessary, all responders will be required to exit the room during the presentations of the other responders as portions of selection committee meetings at which presentations are made are exempt from Florida’s public meeting laws. Proposals will be publicly opened and read aloud on Wednesday, December 10, 2025, at 11:00 am using the Zoom or Microsoft Teams online meeting platform. Below you will find the link to access this meeting on the above referenced date and time in the Release Project Date: November 19, 2025 Question Submission Deadline: December 3, 2025, 3:00pm Proposal Submission Deadline: December 10, 2025, 11:00am Bid Opening (Mandatory): December 10, 2025, 11:20am Virtual- Microsoft Team https://teams.microsoft.com/meet/27370316 634067?p=r3qPxfV7Um1GuyNmOq Award of Contracts for the Proposals will be made at a subsequent City Commission meeting. All Proposers are advised that the City has not authorized the use of the City seal by individuals or entities responding to City Proposals. The City Commission of the City of Dania Beach reserves the right to reject any and all Proposals, to waive any informality in a Proposal and to make an award in the best interests of the City. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 7 3. INSTRUCTIONS TO PROPOSERS The following instructions are given for the purpose of guiding Proposers in properly preparing their Proposals. These directions have equal force and weight with the specifications and strict compliance is required with all of these provisions. 3.1 Qualifications of Proposers No Proposal will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Dania Beach, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to the City, or who is deemed irresponsible or unreliable by the City Commission of Dania Beach. Minority, women- owned, and labor surplus area businesses and firms are encouraged to submit Proposals. 3.2 Personal Investigation Proposers shall satisfy themselves by personal investigation and by such other means as they may think necessary or desirable, as to the conditions affecting the proposed work and the cost. No information derived from maps, plans, specifications, or from the City staff or their assistants shall relieve the Contractor from any risk or from fulfilling all terms of the contract. Before submitting a Proposal, each Proposer must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Proposer's observations made during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the Project Contact person of all conflicts, errors and discrepancies, if any, in the Proposal Documents. The Proposer, by and through the submission of a Proposal, agrees that Proposer shall be held responsible for having examined the facilities and equipment (if applicable); is familiar with the nature and extent of the work and any local conditions that may affect the work, and is familiar with the equipment, materials, parts and labor required to successfully perform the work. 3.3 Inconsistencies Any seeming inconsistency between different provisions of specifications, Proposal or contract, or any point requiring explanation must be inquired into by the Proposer, in writing, at least ten (10) days prior to the time set for opening Proposals. After Proposals are opened, the Proposers shall abide by the decision of the City Manager or designee as to such interpretation. 3.4 Conflict of Interest The award of any contract under this RFP is subject to the provisions of Chapter 112, Florida Statutes. Proposers must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of City or any of its agencies. Further, all Proposals must disclose the name of any officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its branches or affiliate companies. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 8 3.5 Legal Conditions Proposers are expected to familiarize themselves with the provisions of the laws of the United States and State of Florida, and with the provisions in the Charter and the ordinances of the City of Dania Beach. 3.6 Forms and Proposals Proposals will be received until Wednesday, December 10, 202511:00 am by submission to OpenGov. Each Proposal and its accompanying statements must be made on the blanks provided. The forms must be submitted in good order and with all the blanks filled in. 3.7 Filling in Proposals All prices must be written in the Proposal and also stated in words, and all Proposals must fully cover all items for which Proposals are asked and no other. Proposers are required to state the names and places of residence of all persons interested, and if no other person is interested, the Proposer shall distinctly state such fact and shall state that the Proposal is, in all respects, fair and without collusion or fraud. Where more than one person is interested, it is required that all persons interested, or their legal representative disclose such fact in writing to the City. 3.8 Proposals Firm for Acceptance Proposer warrants, by virtue of proposing, that the Proposal and the prices quoted in the Proposal will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of Proposal opening. 3.9 Withdrawals Any Proposer may, without prejudice, withdraw a Proposal at any time prior to the expiration of the time during which Proposals may be submitted. Such request for withdrawal must be in writing and signed in the same manner and by the same person who signed the Proposal. After expiration of the period for receiving Proposals, no Proposal can be withdrawn, modified, or explained. Should Proposer withdraw its Proposal after expiration of the period for receiving Proposals, its bond shall be retained by the City. 3.10 Causes for Rejection No Proposal will be canvassed, considered, or accepted which, in the opinion of the City Manager, 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. Any alteration, erasure, interlineations, or failure to specify Proposals for all items called for in the schedule shall render the Proposal informal. 3.11 Rejection of Proposals To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the Successful Proposer, and to disregard all nonconforming, non-responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. The City Commission reserves the right to reject any Proposal if the evidence submitted by the Proposer, or if the investigation of such Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 9 Proposer, fails to satisfy the City that such Proposer is properly qualified to carry out the obligations and to complete the work contemplated. Any or all Proposals will be rejected, if there is reason to believe that collusion exists among Proposers. A Proposal will be considered irregular and may be rejected, if it shows serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. The City of Dania Beach reserves the right to reject any and all Proposals, to waive any and all informalities and irregularities, and to accept or reject all or any part of any Proposal as they deem to be in the best interest of the citizens of the City of Dania Beach, or the City may reject Proposals and re-advertise. 3.12 RFP Protest Procedure After a Notice of Intent to Award a contract is posted, any actual or prospective manufacturer or distributor 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 P.M. 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 written protest, together with an RFP Protest Bond, is both timely received by the City Manager’s Office. An RFP Protest Bond is to compensate the 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. The amount of the RFP Protest Bond shall be one percent (1%) of the amount of the pending award for which the bidder is protesting, or five thousand dollars ($5,000.00), whichever is less. 3.13 Protest Committee 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 all appropriate steps be taken to remedy it. 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 then determines that the award of the contract is necessary without delay 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. 3.14 Agreement The Proposer(s) to whom or to which an award is made shall execute a written agreement to do the work in the form attached to this RFP. The award may be canceled by the City Commission and awarded to the next lowest priced responsible and responsive Proposer. If this occurs, such Proposer shall fulfill every stipulation as if it were the original party to whom or to which an award was made. The Agreement will include specific insurance, Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 10 performance bond, and indemnification requirements as set forth in the attached specifications. Proposers must submit any questions, issues, or concerns with the terms, language or both in the attached Agreement by the deadline for submitting requests for interpretations. 3.15 Payment Payment will be made when all work is completed to the satisfaction of the City Manager or designee. Successful Proposer shall submit invoices regularly, for no more than 30-day periods, as work progresses. 3.16 Audit of Contractor's Records Upon execution of the Contract, the City reserves the right to conduct any necessary audit of the Contractor's records. Such an audit, or audits, may be conducted by the City or its representatives at any time prior to final payment, or thereafter, for a period up to three (3) years. 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. The City may also require submittal of the records, at no cost to the City, from the Contractor, any subcontractor, or both. For the purpose of this Section, records shall include all books of account, supporting documents and papers deemed necessary by the City to assure compliance with the Contract provisions. Failure of the Contractor or subcontractor to comply with these requirements may result in disqualification or suspension from bidding or proposing for future contracts or disapproval as a subcontractor at the option of the City. The Contractor shall assure that a subcontractor will provide access to its records pertaining to the services upon request by the City. 3.17 Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352 (as amended) Contractors who apply or submit a Proposal for an award of $100,000.00 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient. 3.18 City Failure by City to respond to an inquiry shall not excuse late or incomplete submissions 3.19 Lobbyists Pursuant to Broward County Ordinance 2011-19, Lobbyists, and any of their principals or employers attending such meeting, are required to complete a Contact Log contemporaneously with a lobbyist meeting. City of Dania Beach Code of Ordinances, Article XI, “Lobbyist Regulations,” Sections 2-231 through 2-234 require Lobbyists to register with the City PRIOR to engaging in lobbyist activities within the City. Contact with personnel of the City of Dania Beach other than the City Clerk or designated representative regarding the RFP shall be grounds for elimination and disqualification from the selection process. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 11 3.20 Omission of Details, Variances and Exceptions. as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail, and that only material and workmanship of the finest quality is to be used. All interpretations of the specifications shall be made on the basis of this statement. Omission of any essential details from these specifications will not relieve the Proposer of supplying such services or product(s) as specified. For the purpose of evaluation, the Proposer must indicate any variance or exceptions to the stated requirements, no matter how slight. Deviations should be explained in detail. Absence of variations, corrections or both will be interpreted to mean that the Proposer meets all the requirements in every respect. Costs and compensation shall be shown in both unit prices and extensions whenever applicable, and expressed in U.S. Dollars. In the event of discrepancies existing between unit prices and extensions or totals, the unit prices shall govern. All costs and compensation shall remain firm and fixed for acceptance for 120 calendar days after the day of the Proposal opening. The Proposal price shall include all franchise fees, royalties, license fees, etc., as well as all costs for transportation or delivery as applicable within the scope of the solicitation. 3.21 Performance Bond and Insurance Upon award of a contract, the Successful Proposer, as required within the scope of the solicitation, may be required to submit performance bonds, payment bonds or both. Proposer shall provide certificates of insurance in the manner, form and amount(s) specified. 3.22 Addenda and Interpretations No interpretations of the meaning of the plans, specifications or other contract documents will be made orally to any Proposer. Prospective Proposers must request from the City Clerk or City designee such interpretation in writing. To be considered, such request must be received at least ten (10) days prior to the date fixed for the opening of responses. Any and all interpretations and any supplemental instructions will be in the form of a written addenda which, if issued, will be sent by certified mail with return receipt requested, to all prospective Proposers (at the address furnished for such purpose) not later than three (3) days prior to the date fixed for the opening of Proposals. Failure of any Proposer to receive any such addenda or interpretation shall not relieve any Proposer from any obligation under the Proposal as submitted. All addenda so issued shall become a part of the contract document. Contractor shall verify that it has all addenda before submitting a Proposal. 3.23 Non-Collusion Affidavit Each Proposer shall complete the Non-Collusive Affidavit form and shall submit the form with their Proposal. City considers the failure of the Proposer to submit this document may be cause for rejection of the Proposal. 3.24 Public Entity Crimes Each Proposal shall complete the Public Entity Crimes form. In accordance with Florida Statutes §287.133 (2)(a): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 12 public work, may not submit Proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes §287.017 for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 3.25 All Proposals All Proposals must be submitted electronically on OpenGov.” The Proposal must be signed by one duly authorized to do so, and in case signed by a deputy or subordinate, the Proposer’s principal's properly written authority to such deputy or subordinate must accompany the Proposal. No Proposal will be accepted, for any reason whatsoever, which is not submitted as stated above, within the specified time. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 13 4. SUBMISSION OF PROPOSALS A. Proposals must be typed or legibly printed in blue ink. Use of erasable ink is not permitted. All corrections to prices made by the Proposer should be initialed. B. All Proposals shall be submitted in the English language, and pricing expressed in U.S. Dollars. C. Proposals must contain a manual signature of a corporate officer or designee with the proven authority to bind the Proposer. The address and telephone number for any communications regarding the Proposal must be included. D. Proposals shall contain an acknowledgment of receipt of all addenda. E. Proposals by corporations must be executed in the corporation’s legal name by the President or other corporate officer, accompanied by evidence of authority to sign. Evidence of authority shall be provided on the enclosed Certified Resolution form, or by the company’s own Corporate Resolution. F. Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature. G. Proposals shall be submitted to the Procurement Division on or before the time indicated in the Request for Proposals by the methods described above. H. In accordance with Florida Statutes, Chapter §119.07(1)(a) and except as may be provided by other applicable state and federal law, the Request for Proposals and the responses to it are in the public domain. However, Proposers are requested to specifically identify in the submitted Proposal any financial information considered confidential, proprietary or both which may be considered exempt under Florida Statute §119.07(t). I. All Proposals received from Proposers in response to the Request for Proposals will become the property of City and will not be returned. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of City. J. The Proposer preparing a submittal in response to this RFP shall bear all expenses associated with its preparation. The Proposer shall prepare a submittal with the understanding that no claim for reimbursement shall be submitted to the City for the expense of Proposal preparation, presentation, or both. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 14 5. QUALIFICATIONS OF PROPOSALS A. Each Proposer shall complete the Proposal’s Qualifications Statement and submit the form with the Proposal. Failure to submit the Proposer’s Qualifications Statement and the documents required under it may constitute grounds for rejection of the Proposal. B. As a part of the evaluation process, the City may conduct a background investigation including a criminal record check of Proposer’s officers and employees, by the Broward County Sheriff’s Office. Proposer’s submission of a Proposal constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Proposer’s qualifications. C. No Proposal shall be accepted from, nor will any contract be awarded to, any person who is in arrears to City for any debt or contract, or who is a defaulter, as surety or otherwise, of any obligation to City, or who is deemed irresponsible or unreliable by City. City will be the sole judge of such determination. The City reserves the right to make a pre-award inspection of the Proposer's facilities and equipment prior to award of Contract. D. Employees of the Proposer shall at all times be under its sole direction and not an employee or agent of the City. The Proposer shall supply competent and physically capable employees. The City may require the Proposer to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 15 6. SCOPE OF WORK 6.1 SCOPE A. The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking proposals from qualified vendors for Beach Cleaning Services”. to provide maintenance to the City of Dania Beach Ocean Park.Services consist of the following: 1. Tide Line: Remove all man-made materials along approximately 2,200 feet of shoreline. Make multiple passes along the shoreline with a tractor-towed beach cleaner machine as necessary to gather and bury all seaweed. The City is further requesting that light or moderate seaweed be raked and covered with sand to smooth any ruts. If heavy accumulation of seaweed occurs, the City requires that seaweed be picked up and removed from the beach and disposed of in off-site dumpsters. 2. Upper Beach: Sanitize and groom the upper beach area from ten feet east of the dune line, seaward to the high-water line. This must provide a smooth, cleaned, combed appearance to the beach without tire tracks. This service shall only be performed during the months of November through February (outside of turtle nesting season). Special permits must be obtained from the Florida Fish and Wildlife Commission (the “FWCC”) on behalf of the City of Dania Beach to use equipment during turtle season. 3. Upper Beach, North and South of the Pier: As required and directed by City (minimum of once per month), sift sand around volleyball and picnic areas on the North side of the pier and around the restaurant area on the South side of the fishing pier, to remove shells, rocks, bottle caps, cigarette butts, and small foreign objects. 4. Beach Entrances and Walkways,: As required and directed by City (minimum of once per month), sift sand around beach entrance and walkways to remove shells, rocks, bottle caps, cigarette butts, and small foreign objects. At entrances and walkways with wood decking, remove accumulated sand to expose wood decking as necessary and directed by City. 5. Service Breakdown: Proposer shall show a breakdown of the proposed services into daily, weekly and monthly costs to allow the City to select a Service level that it feels is in its best interests, and to allow it to remain within the City’s budget for the Services requested in this RFP. 6. Permits: It shall be the Proposer’s responsibility to obtain all permits necessary for beach cleaning and related services. 6. Equipment: 1. All beach cleaning equipment and beach cleaning processes must comply with federal and state environmental safety guidelines. 2. Any tractor-towed beach cleaner machine to be used by the Contractor shall have the capability to remove all forms of debris from beaches and sandy recreation areas. This includes seaweeds, bottles, Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 16 bottle caps, boxes, wrappers, cans, papers, dead fish, syringes, shells, stone, wood, cigarette butts, animal droppings, etc. in dry sand or wet sand conditions. 2. Seaweed Alternative Disposal: 1. The City would like an alternative option included in the proposal to include the remove of the seaweed as opposed to burying it. Include the cost breakdowns and comparison. B. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 17 7. PROPOSAL REQUIRMENTS Proposers shall, as a minimum, include the following information with the submittal of its Proposal. A. Executive Summary - Summarize the business entity, its background, main office(s), and office location that will service this contract. Identify the officers, principals, supervisory staff and key individuals who will be directly involved with the work and their office locations. The executive summary should also summarize the key elements of the proposal. B. Relevant Project Experience - Indicate the firm’s number of years of experience in providing the professional services as it relates the work contemplated. Provide details of past projects for agencies of similar size and scope, including information on your firm’s ability to meet time and budget requirements. C. Approach - Provide in concise narrative form, your understanding of the City's needs, goals and objectives as they relate to the project, and your overall approach to accomplishing the project. Give an overview on your proposed vision, ideas and methodology. Describe your proposed approach to the project. As a part of the response, any design plan or mock ups shall be presented to the City for approval. for use in providing services to the City. Additionally, include a timeline for effectively managing and executing the work in optimum time. The City, at its discretion may allow for time extensions for unforeseen and unexpected delays. Also provide information on your firm’s current workload and how this project will fit into your workload. Describe available facilities, technological capabilities and other available resources you offer for the project. D. References - Provide names, addresses, and telephone numbers of five (5) references who are capable of explaining and confirming the firm’s capacity to successfully complete the Services sought in this RFP. E. Pricing - Provide a cost estimate for the Services to be provided based on the Scope of Services and the firm’s proposed approach to the project. Summary of Documents to Be Submitted with Proposals. The following is a summary of documents required to be submitted for this Proposal. Failure to include a technical Proposal, cost Proposal, Proposal surety (if required below), or any other document that, by its omission, may prejudice the rights of other possible Proposers or respondents, may result in immediate rejection of a Proposal. The Forms are as follows: o Proposer’s Qualifications o Public Entity Crimes Form (must be notarized) o Non-Collusion Affidavit (must be notarized) o Drug-Free Workplace Certification o Acknowledgement of Addenda Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 18 o References o Certification to Accuracy of Proposal (must be notarized) o Affidavit of Compliance with Anti-Human Trafficking Laws (must be notarized) o General Certificate of Insurance (COI) Other forms or documents: o which, by their nature do not impact price or the Proposer’s cost of doing business should accompany the Proposal; but must be provided within three (3) business days of the City’s request to be considered responsive. o The City reserves the right to request the most recently completed audited financial statement, or other approved documentation to verify financial viability Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 19 8. EVALUATION CRITERIA Evaluation of the responses will be conducted by an Evaluation Committee composed of City staff, or other persons selected by the City Manager or designee. Proposals shall be evaluated based upon the information and references contained in the responses as submitted. The Evaluation Committee will evaluate all responsive proposals at duly advertised public evaluation meetings in accordance with Florida law. The City reserves the right to award the contract to the Proposer which will best serve the interest of the City. The scoring of the Proposals by the Evaluation Committee will be based on a point total and not a percentage factor. No. Evaluation Criteria Scoring Method Weight (Points) 1. Firm Qualifications Experience in field, workload of current projects. Points Based 30 (30% of Total) 2. Approach Understanding the scope of work, ability to comply with the full scope of work, technical soundness of Proposal. Points Based 35 (35% of Total) 3. Price Proposal Estimated total cost of project Points Based 25 (25% of Total) 4. References Points Based 10 (10% of Total) Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 20 9. AWARD OF AGREEMENT 9.1 AWARD OF PROPOSAL The City Commission will award the Proposal to the most responsible and responsive Proposer that meets the qualifications identified in Section 5, entitled Qualification of Proposers taking into consideration price and the evaluation criteria. The awarded Proposer must have satisfactory references. 9.2 CONTRACT AWARD AND EXECUTION A. The City will publicly open and announce all proposals received in accordance with the terms stated in the RFP advertisement. The City will verify that all Proposers have properly completed and executed the required solicitation forms and submittals; review each proposal for accuracy and compliance with RFP requirements; prepare a summary of all responsive proposals; and evaluate proposals based on the criteria and weighting outlined in the RFP document. The evaluation process may include a review committee scoring, reference checks, clarification requests, and/or presentations or interviews if deemed necessary. Upon completion of the evaluation, the City will prepare an evaluation summary and provide a recommendation for award or recommendation for re-advertisement, if appropriate, to the City Commission. B. Rejection of Proposals: The City reserves the right to reject proposals under the following circumstances: 1. The proposal fails to include required forms, signatures, licenses, insurance documentation, or other mandatory submittals outlined in the RFP. A non-responsive proposal does not meet the minimum requirements for consideration. 2. The pricing structure appears significantly higher or lower than the City’s cost estimate or other proposals, or certain line items are disproportionately priced, suggesting an attempt to manipulate the evaluation or future change orders. 3. The proposer does not demonstrate sufficient experience, capacity, or qualifications to perform the required scope of work, or fails to comply with key technical specifications or performance standards outlined in the RFP 4. When the level of competition is deemed insufficient based on the number or quality of proposals received. C. Negotiations with Offerors are not permitted during the advertisement, evaluation, or award period of the RFP process unless specifically authorized within the solicitation documents or permitted under applicable procurement regulations. 9.3 CONTRACT TERM The initial Contract period shall be for five (5) 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. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 21 10. PUBLIC RECORDS 10.1 Public Records A. Proposer agrees to keep and maintain public records in Proposer’s possession or control in connection with Proposer’s performance under the Agreement. Proposer additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Proposer 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 Agreement, and following completion of the Agreement until the records are transferred to the City. B. Upon request from the City custodian of public records, Proposer 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. C. 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 Agreement are and shall remain the property of the City. D. Upon completion of the Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Proposer shall be delivered by the Proposer to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Proposer 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 Agreement, the Proposer shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. E. Any compensation due to Proposer shall be withheld until all records are received as provided in this RFP. F. Proposer’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of the Agreement by the City. G. Section 119.0701(2)(a), Florida Statutes IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE PROPOSER 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: 954-924-9800, Ext. 3623 Email: eriera@daniabeachfl.gov Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 22 10.2 INFORMATION REQUESTS AFTER DUE DATE Pursuant to Florida Statutes Section 119.071 sealed Proposals or Proposals received by an agency pursuant to Invitations to Proposal or requests for Proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to Florida Statutes §119.071(1) (b) (2), or within 30 days after Proposal/Proposal opening, whichever is earlier. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 23 11. INSURANCE REQUIREMENTS 11.1 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. Commercial General Liability 1. Limits of Liability (Minimum)  Bodily Injury & Property Damage Liability  Each Occurrence $1,000,000  Policy Aggregate $2,000,000 Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 24  Personal & Advertising Injury $1,000,000  Products & Completed Operations $1,000,000 2. Endorsements Required – Include in body of COI and/or Description of Operations  Annual Aggregate shall apply “Per Project/Job”, if available  Waiver of Subrogation in favor of the City, if available  Insurance shall apply on a primary and non-contributory basis  “The City of Dania Beach, Florida” is included as “Additional Insured”  If Vendor’s Insurance includes coverage for with an “As Required by Written Agreement/Contract” provision, then the following must be in place to establish such written agreement and trigger coverage: o An executed written contract between the City and Vendor including these requirements; OR o Statement on a Purchase Order or Invoice or other attachment thereof which includes the following verbiage: “Vendor will provide proof of General Liability insurance with Limits of $1,000,000 Per Occurrence/$2,000,000 General Aggregate. City is included as Additional Insured.” E. Business Automobile Liability 1. Limits of Liability (Minimum)  Bodily Injury and Property Damage  Combined Single Limit $1,000,000  Any Auto/Owned Autos or Scheduled Autos  Including Hired and Non- Owned Autos  Any One Accident 2. Endorsements Required-Include in body of COI and/or Description of Operations  City of Dania Beach included as an additional Insured if appropriate and available F. Workers’ Compensation / Employers’ Liability 1. Workers Compensation Limits: Statutory - State of Florida  Waiver of Subrogation in favor of City, if available 2. Employers Liability Limits:  $100,000 for bodily injury caused by an accident, each accident Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 25  $100,000 for bodily injury caused by disease, each employee  $500,000 for bodily injury caused by disease, policy limitWorkers Compensation must be provided for all persons fulfilling this contract, whether employed, contracted, temporary or subcontracted.Contractor(s) must be in compliance with all applicable state and federal workers’ compensation laws, including US Longshore and Harbor Workers Compensation Act, Jones Act (maritime), Federal Employers Liability Act (railroad), etc.In no event shall Vendor be permitted to utilize in the execution of this agreement, the following: i. any employee, subcontractor or subcontractor employee that is exempted or purported to be exempt from Workers’ Compensation insurance coverage; or ii. any employee, subcontractor or subcontractor employees who will be covered by an employee leasing arrangement G. Umbrella/Excess Liability (Excess Follow Form) can be utilized to provide the required limits. Coverage shall be “following form” and shall not be more restrictive than the underlying insurance policy coverages, including all special endorsements and City as Additional Insured status. Umbrella should include Employer’s Liability. H. Other Conditions Required:  Subcontractors’ Compliance: It is the responsibility of the contractor to ensure that all subcontractors comply with all insurance requirements.  Cancellation Requirements: Required insurance shall always be maintained while vendor is on or utilizing City premises. The above policies shall provide the City of Dania Beach with 30 days written notice of cancellation or material change and 10 days written notice for cancellation due to non-payment. If the policies do not contain such a provision, it is the responsibility of the Contractor to provide such notice.  Notice Requirements: If an insurable incident occurs while vendor is engaged in a City project, notification to the City is required.  Insurance Carrier Financial Stability Requirements: Insurance must be provided by companies authorized to do business in the State of Florida. City reserves the right but not the obligation to reject any insurer providing coverage due to poor or deteriorating financial condition. • The Company must be rated no less than “A-” as to management, and no less than “Class VII” as to financial strength, by the latest edition of Best Insurance Guide published by A.M. best Company, or its equivalent. All policies or certificates of insurance are subject to review and verification by Risk Management. If a company is downgraded during the agreement term, Vendor shall notify the City. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 26  Certificates of Insurance/Verification of Coverage: Proof of the required insurance must reflect all required insurance above will be furnished by Vendor to the City of Dania Beach Human Resources Department by Certificate of Insurance within 5 days of notification of award. All certificates (and any required documents) must be received and approved by Human Resources before any work commences to permit Vendor time to remedy any deficiencies. • Valid Certificates verifying coverage is in force as required above must be on file with the City at all times during contract. If the policies renew during the term of the Contract, updated Certificates verifying coverage is in force shall be submitted to the City within 10 days of expiration. Contractor and/or any Subcontractor shall not perform or continue to work pursuant to this agreement, unless all coverages remain in full force and effect; work delay is subject to provisions in this agreement. If vendor fails to provide proof of insurance within 7 days of City’s receipt of notice at any time during this agreement, the City shall have the right to consider the agreement breached and therefore terminated. • A copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. o Notices/ Certificate Holder: City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 o City of Dania Beach CRA (If Applicable) 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Risk Manager: Wayne Fletcher, The City of Dania Beach, Florida reserves the right to review/revise, reject or accept any required policies of insurance, including limits, coverages or endorsements, herein at the time of the insurance submission. 11.2 Contractor’s Pollution Liability Covering Bodily Injury & Property Damage Liability, Legal Defense, and Remediation for City-owned locations on which contractor is working. o Each Occurrence $1,000,000 o Policy Aggregate $2,000,000 Retro Date- Prior to commencement of job. Coverage is to be maintained and applicable for a minimum of 3 years following contract completion. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 27 11.3 Umbrella/Excess Liability (Excess Follow Form) Can be utilized to provide the required limits. Coverage shall be “following form” and shall not be more restrictive than the underlying insurance policy coverages, including all special endorsements and City as Additional Insured status. Umbrella should include Employer’s Liability. Other Conditions Required: Subcontractors’ Compliance: It is the responsibility of the contractor to ensure that all subcontractors comply with all insurance requirements. Cancellation Requirements: Required insurance shall always be maintained while vendor is on or utilizing City premises. The above policies shall provide the City of Dania Beach with 10 days’ written notice of cancellation or material change from the insurer. If the policies do not contain such a provision, it is the responsibility of the Contractor to provide such notice. Notice Requirements: If an insurable incident occurs while vendor is engaged in a City project, notification to the City is required. Insurance Carrier Financial Stability Requirements: Insurance must be provided by companies authorized to do business in the State of Florida. City reserves the right but not the obligation to reject any insurer providing coverage due to poor or deteriorating financial condition. Company should be rated no less than “A-” as to management, and no less than “Class VII” as to financial strength, by the latest edition of Best Insurance Guide published by A.M. best Company, or its equivalent. All policies or certificates of insurance are subject to review and verification by Risk Management. If an insurance company is not sufficiently rated or there is going concern of financial distress, the policy may be denied. If a company is downgraded during the agreement term, the Vendor shall notify the City. Certificates of Insurance/Verification of Coverage: Proof of the required insurance must reflect all required insurance above will be furnished by Vendor to the City of Dania Beach Human Resources Department by Certificate of Insurance within 5 days of notification of award. All certificates (and any required documents) must be received and approved by Human Resources before any work commences to permit Vendor time to remedy any deficiencies. Valid Certificates verifying coverage is in force as required above must be on file with the City at all times during contract. If the policies renew during the term of the Contract, updated Certificates verifying coverage is in force shall be submitted to the City within 10 days of expiration. Contractor and/or any Subcontractor shall not perform or continue to work pursuant to this agreement, unless all coverages remain in full force and effect; work delay is subject to provisions in this agreement. If vendor fails to provide proof of insurance within 7 days of City’s receipt of notice at any time during this agreement, the City shall have the right to consider the agreement breached, and therefore terminated. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 28 A copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. Notices/ Certificate Holder: City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 -OR- City of Dania Beach CRA 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Email: Wayne Fletcher wfletcher@daniabeachfl.gov The City of Dania Beach, Florida reserves the right to review/revise, reject or accept any required policies of insurance, including limits, coverages or endorsements, herein at the time of the insurance submission. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 29 12. INDEMNIFICATION GENERAL INDEMNIFICATION: Proposer 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, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). 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 Proposer, any sub-Proposer, 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; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Proposer in the performance of the Work; or c). liens, claims, or actions made by the Proposer or any sub-Proposer under Workers’ Compensation acts; disability benefit acts, other employee benefit acts, or any statutory bar. Any costs or expenses, including attorney fees, incurred by the City to enforce this agreement shall be borne by the Proposer. Without limiting the foregoing, any and all such claims, suits, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of any court, is included in the indemnity. Successful Proposer further agrees to investigate, handle, respond to, provide defense for, and defend any such claims, etc., at its sole expense and agrees to bear all other related costs and expenses, even if the claim(s) are groundless, false, or fraudulent. Pursuant to Section 725.06, Florida Statutes, the indemnification required by this Section is limited to $1,000,000.00, which the parties agree bears a reasonable commercial relationship to the Agreement. In case of injury to persons, animals, or property, real or personal, by reason of failure to erect or maintain proper and necessary barricades, safeguards, and signals or by reason of any negligence of any Successful Proposer, or any of the Successful Proposer’s agents, servants, or employees during the performance of the work before the estimates have become due under this Agreement, the City may, through its officials, withhold such payments as long as it may deem necessary for the indemnity of the City, provided that the failure to pay the same shall not be construed or considered as a waiver of the indemnity as hereinabove set forth. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by the Proposer and that Section 725.06, Florida Statutes, requires a specific consideration to be given. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is acknowledged and agreed upon, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Proposer. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. Upon completion of all Services, obligations and duties provided for in the Agreement, or in the event of termination of the Agreement for any reason, the terms and conditions of this provision shall survive indefinitely. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 30 The Proposer shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney fees (including appellate attorney fees) and costs. The Successful Proposer shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney fees (including appellate attorney's fees) and costs. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Successful Proposer under the indemnification agreement. Nothing contained in this RFP is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute Section 768.28 as amended from time to time. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 31 13. INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Proposer is an independent Proposer under the Agreement and not the City’s employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Proposer shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Proposer’s activities and responsibilities under this RFP provided, further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Proposer, which policies of Proposer shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Proposer’s funds provided for in this document. The Proposer agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating any joint employment relationship between the Proposer and the City and the City will not be liable for any obligation incurred by Proposer, including but not limited to unpaid minimum wages, overtime premiums or both Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 32 14. DEBARMENT AND SUSPENSION Proposers are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension). These regulations restrict awards, sub-awards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, I; and Chapter IV,6.d and Appendix C, 2. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; Chapter IV,6.d and Appendix C,2. d. In general, an "excluded" party cannot receive a federal grant award or a contract within the meaning of a "covered transaction," to include sub-awards and subcontracts. This includes parties that receive federal funding indirectly, such as Proposers to recipients and sub-recipients. The key to the exclusion is whether there is a "covered transaction," which is any non-procurement transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the federal government for purposes of the non-procurement common rule and Department of Homeland Security’s implementing regulations, it does include some contracts awarded by recipients and sub- recipients. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 33 15. SCRUTINIZED COMPANIES Proposer 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 Proposer 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. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 34 16. VERFICATION OF EMPLOYMENT ELIGIBILTY Proposer represents that Proposer and each Sub-Proposer 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 Proposer violates this section, Municipality may immediately terminate this Agreement for cause, and Proposer shall be liable for all costs incurred by Municipality due to the termination. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 35 17. DELIVERIES Any item requiring delivery by the Proposer or by sub-contractors shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the Proposal price. If delivery of an item is required, the City reserves the right to cancel the delivery order(s) or any part of it, without obligation if delivery is not made at the time specified in the Proposal. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 36 18. WARRANTIES 18.1 WARRANTIES A. Successful Proposer warrants to City that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Proposer is a party. B. Successful Proposer warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. C. Successful Proposer warrants to City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. D. All warranties made by Successful Proposer together with service warranties and guarantees shall run to City and the successors and assigns of City. 18.2 COPYRIGHTS OR PATENT RIGHTS The Proposer warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered, if any, as a result of this Proposal. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 37 19. SAFETY STANDARDS The Proposer warrants that the product(s) supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall be in compliance with Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F- 41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 38 20. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified in this RFP. Any of the items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City or replaced at the entire expense of the successful Contractor. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 39 21. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Proposer and its sub-contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Proposer will take affirmative action to ensure that employees and those of its sub- contractor are treated during employment, without regard to their race, color, sex, pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Proposer and its sub-contractor shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Proposer further agrees that it will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 40 22. TAXES 22.1 Taxes for Proposers Successful Proposer shall pay all applicable sales, consumer use and other similar taxes required by law. 22.2 Taxes for the City The City of Dania Beach is exempt from all federal, state, and local taxes. An exemption certificate will be provided where applicable upon request. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 41 23. PERMITS, FEES AND NOTICES The successful Proposer shall secure and pay for all permits and fees, licenses, and charges necessary for the proper execution and completion of the work, if applicable. The costs of all permits, fees, licenses and charges shall be included in the Price Proposal except where expressly noted in the specifications. During the performance of the Contract, there may be times when the Proposer will be required to obtain an Owner permit for such Work, or in connection with the items or services. It is the responsibility of the Proposer to ensure that it has the appropriate Owner permits as may become necessary during the performance of the Contract. Any fees related to the Owner required permits in connection with the Contract will be the sole responsibility of the Proposer. Licenses, permits, and fees that may be required by Broward County, state, or federal entities are not included in the above list. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 42 24. PERFORMANCE Failure on the part of the Proposer to comply with the conditions, terms, specifications and requirements of the Proposal shall be just cause for cancellation of the Proposal award. The City may, by written notice to the Proposer, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 43 25. TERMINATION OF CONTRACT 25.1 TERMINATION OF CONTRACT If the successful Proposer fails to provide the Services or shall in any other manner commit a breach of the contract and fails to remedy the same within five (5) calendar days after written notice from the City, the City may terminate the contract resulting from the RFP without any further notice to the Proposer. City representatives will review the Services periodically to assure that the requirements of the contract are being met. If any portion of the Services are unsatisfactory, the Proposer shall be contacted, and the discrepancies corrected at no additional cost to the City. If, through any cause, the Proposer shall fail to fulfill in a timely and proper manner its obligations under the contract, or if the Proposer shall violate any of the provisions of the contract, the City may upon written notice to the Proposer, terminate the right of the Proposer to proceed under the contract, or as to such part or parts of the contract for which there has been a default, and may hold the Proposer 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 Proposer under the contract shall, at the option of the City become the City's property and the Proposer shall be entitled to receive equitable compensation for any Services completed to the satisfaction of the City. The Proposer, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the contract by the Proposer, and the City may withhold any payments to the Proposer for the purpose of set-off until such time as the amount of damages due to the City from the Proposer can be determined. 25.2 TERMINATION OF CONTRACT FOR CONVENIENCE The contract may be terminated for convenience by City upon fifteen (15) days’ advance written notice to Proposer (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, the Proposer shall be paid for all acceptable Services performed prior to termination and shall not be entitled to any other costs, fees or payments. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 44 26. SUCCESSORS AND ASSIGNS; ASSIGNMENT; SUBLETTING The City and Proposer, respectively, will bind themselves, their partners, successors, assigns and legal representatives to the contract. Neither party to the contract shall assign it or sublet it or any portion of it, without the advance written consent of the other. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 45 27. EMPLOYEES OF THE PROPOSER A. Proposers shall only designate employees who are sufficiently skilled to provide the required services specified in the RFP. 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 the Services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Proposer from performing the Services. Any interference with, or any abusive or threatening conduct toward any City representative, City assistants or inspectors by the Proposer, its employees or agents, or any member of the public shall be grounds for the City to terminate the contract and re-let the Services. The Proposer shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Services areas where Services are conducted in an acceptable and safe condition. B. Proposer agrees that it or its officers, if a corporation or other legal entity, shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 46 28. LITIGATION A. In addition to any other provision of this RFP, the City may, in its absolute discretion, reject a Proposal if the Proposer, or any officer or director of the Proposer submitting the 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 Proposal under this section, the City will consider whether the litigation is likely to affect the Proposer’s ability to work with the City, its consultants and representatives and whether the City’s experience with the Proposer 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 Proposer. C. A contract with the successful Proposer 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 the contract. 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 Consultant 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. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 47 29. OTHER GOVERNMENTAL ENTITIES If a Proposer is awarded a contract as a result of this RFP, Proposer will, if Proposer has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the RFP and resulting contract. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 48 30. UNBALANCED PROPOSAL PRICING When a unit price proposed has variable or estimated quantities, and the Proposal shows evidence of unbalanced Proposal pricing, such Proposal may be rejected. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 49 31. BUDGETARY CONSTRAINT In the event the City is required to reduce contract costs due to budgetary constraints, all Services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Proposer shall also be provided with a minimum 30- day notice prior to any such reduction in budget. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 50 32. CONTINGENT FEES PROHIBITED The Proposer must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-contractor, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 51 33. CONE OF SILENCE 33.1 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 (“ITB”) or bid, between: a potential vendor, service provider, proposer, bidder, lobbyist, or consultant, and: 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 Evaluation Committee. A Cone of Silence shall be imposed upon this RFP upon the advertisement of the RFP. 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 the 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. 33.2 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 her written recommendation of award to the City Commission. However, if the City Commission refers the City Manager’s recommendation 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. 33.3 Exceptions to Applicability The provisions of this section shall not apply to: o Oral communications at pre-bid conferences; o Oral presentations before the Evaluation Committee; o Public presentations made to the City Commission members during any duly noticed public meeting; o Communications regarding the RFP between a potential vendor, service provider, proposer, bidder, 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 RFP, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; o Communications with the City Attorney and her staff; o Duly noticed site visits to determine the competency of a Proposer regarding the ITB during the time period between the opening of Proposals and the time the City Manager makes a written recommendation; o Any emergency procurement of goods or services pursuant to City Code; Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 52 o Responses to the City’s request for clarification or additional information; o Contract negotiations during any duly noticed public meeting; o 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, proposer, bidder, lobbyist, or consultant and any member of the City’s professional staff including, but not limited to, the City Manager and staff are in writing or are made at a duly noticed public meeting. 33.4 Penalties Violation of this section by a particular Proposer shall render any ITB award or contract to the Proposer 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 ITB, 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. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 53 34. GENERAL TERMS & CONDITIONS 34.1 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. 34.2 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. 34.3 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. 34.4 AVAILABILITY OF FUNDS The obligations of the City under the awarded agreement will be subject to the availability of funds. 34.5 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. 34.6 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. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 54 34.7 PROPOSER'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. 34.8 SOLICITATION PROTEST PROCEDURE 1. After a Notice of Intent to Award a contract is posted, any actual or prospective Proposer 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. 2. 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. 3. 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. 4. 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. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 55 35. SPECIAL CONDITIONS 35.1 INTERPRETATION AND CLARIFICATION OF PROPOSAL DOCUMENTS A. All questions requiring interpretation or clarification of the Proposal documents shall be submitted to the project’s Q&A in the portal by Wednesday, December 3, 2025 at 3:00 pm. Questions received after this time will not be addressed. B. For information pertaining to this RFP, Proposers 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 proposal 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 Proposer, prior to submitting a proposal, 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 Proposer, and the Proposer shall be responsible for including such costs within the submitted proposal. F. Proposers shall use the Proposal Documents furnished in the RFP. 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: Proposers who are responding to the Request for Proposal (“RFP”) MUST comply with all of the Insurance Requirements specified in the Insurance Requirements section of the Bid Documents and the Agreement upon award to the successful proposer. 35.2 QUALIFICATION OF PROPOSERS 1. Proposers’ Qualifications: The Proposer shall complete the Proposers’ Questionnaire Section, along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Proposer 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 Proposer to be non-responsible. 2. Certified Financial Statement: If requested by the Owner, the Proposer 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. 3. Disqualification: A Proposer 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 Proposers. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 56 2. The Proposer is or has been involved directly or indirectly in litigation or arbitration against the Owner within the past ten (10) years. 3. The Proposer 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. 4. Non-responsible Proposer: A Proposer 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 Proposer'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 Proposer makes one or more false statements or provides false information in connection with any portion of the bidding documents. If the Proposer fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project. 5. Non-responsive Proposer: A Proposer 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 Proposer 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 Proposer fails in any way to abide by any of the provisions of the Contract Documents. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 57 36. PROPOSER SUBMISSIONS 1 PROPOSER QUALIFICATIONS Note: The City of Dania Beach will analyze information requested in the RFP and submitted by the proposer, and this information will be a factor considered in awarding any resulting contract. The purpose is to ensure that the successful proposer 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 Please upload your cost proposal here. * *Response required 1.2 Please upload your proposal documents here. * This should include all items outlined in Section 7 Proposal Requirements. *Response required 1.3 Authorized representative contact information?* Please include the name, title, phone and email of the authorized representative *Response required 1.4 Entity type?* ☐ Corporation ☐ Partnership ☐ Individual ☐ Other (specify below) *Response required 1.5 If you selected other please specify: 1.6 If you selected corporation please enter date of incorporation and state in which incorporated: 1.7 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 1.8 Please include the name and title of Principal Officers and the date they were elected:* *Response required 1.9 How many years has your organization been in business?* Enter years *Response required 1.10 The length of time (continuous) in business in Florida:* Enter years *Response required Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 58 1.11 Please upload a copy of a county or municipal Business Tax Receipt* *Response required 1.12 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 1.13 Have you ever failed to complete any work awarded to you?* ☐ Yes ☐ No *Response required When equals "Yes" 1.13.1 If yes, please explain below* *Response required 1.14 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" 1.14.1 If yes, please explain below* *Response required 1.15 Within the last five years, have you ever had a performance, payment or bid bond called?* ☐ Yes ☐ No *Response required When equals "Yes" 1.15.1 If yes, please explain below* *Response required 1.16 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" 1.16.1 If yes, please explain below* *Response required Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 59 1.17 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 When equals "Yes" 1.17.1 If yes, please explain below* *Response required 1.18 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" 1.18.1 If yes, please explain below* *Response required 1.19 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" 1.19.1 If yes, please explain below* *Response required 1.20 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" 1.20.1 If yes, please explain below* *Response required Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 60 1.21 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" 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 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" 1.22.1 If yes, please explain below* *Response required 1.23 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" 1.23.1 If yes, please explain below* *Response required 1.24 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" Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 61 1.24.1 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: 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 Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 62 2.4 Reference 4* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.5 Reference 5* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 3 PROPOSER'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 Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 63 3.4 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 3.5 How many employees (Contractors only) will be assigned to perform the services?* *Response required 3.6 How many supervisors will be assigned to perform the services?* *Response required 3.7 Will personnel be part of a regular crew assigned to perform the services? * ☐ Yes ☐ No *Response required 3.8 Will you be able to provide service for emergency situations? * ☐ Yes ☐ No *Response required When equals "Yes" 3.8.1 If so, how much notice is required?* *Response required 3.9 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 3.10 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. Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 64 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. 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 Public Entity Crimes Form* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. • City_of_Dania_Beach_Florida... *Response required 4.4 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 4.5 Acknowledgment of Addenda* Please download the below documents, complete, and upload. • Acknowledgment_of_Addenda.pdf Beach Cleaning Services Request For Proposal (“RFP”) No. 25-032 65 *Response required 4.6 Certificate of Accuracy of Proposal* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. • Certification_to_Accuracy_o... *Response required 4.7 Please upload your company's Certificate of Insurance (COI)* A general certificate of insurance should be uploaded in this section. If you are selected, you will be required to provide a corrected certificate of insurance with updated dates and additionally insured. *Response required City of Dania Beach RFP NO. 25-032 Beach Cleaning Services Proposed Price The cost to clean the Mean High Water Line and use the Barber Surf Rake on the upper beach, as well as mechanically sift and maintain the volleyball, picnic, and playground areas as outlined in the bid specifications RFP No. 25-032 will be provided to the City of Dania Beach at the cost structure shown below. As requested, we have broken down the cost of the services to allow the City of Dania Beach to select the level of service that best meets the needs of the City of Dania Beach and their corresponding budget or modify their service to include collection during the peak sargassum accumulation season. Beach Cleaning Cost/Day (Per Week) 1-Day Service $2076.92 Two Thousand Seventy-Six Dollars and Ninety-Two Cents 2-Day Service $1067.31 One Thousand Sixty-Seven Dollars and Thirty-One Cents 3-Day Service $730.77 Seven hundred Thirty Dollars and Seventy-Seven Cents 4-Day Service $562.50 Five Hundred Sixty-Two Dollars and Fifty Cents 5-Day Service $461.54 Four hundred Sixty-One Dollars and Fifty-Four Cents 6-Day Service $394.23 Three Hundred Ninety-Four Dollars and Twenty-Three Cents 7-Day Service $346.15 Three Hundred Forty-Six Dollars and Fifteen Cents Beach Cleaning Weekly Cost (Per Week) 1-Day Service $2076.92 Two Thousand Seventy-Six Dollars and Ninety-Two Cents 2-Day Service $2134.62 Two Thousand One Hundred Thirty-Four Dollars and Sixty-Two Cents 3-Day Service $2192.31 Two Thousand One Hundred Ninety-Two Dollars and Thirty-One Cents 4-Day Service $2250.00 Two Thousand Two Hundred Fifty Dollars 5-Day Service $2307.69 Two Thousand Three Hundred Seven Dollars and Sixty-Nine Cents 6-Day Service $2365.38 Two Thousand Three Hundred Sixty-Five Dollars and Thirty-Eight Cents 7-Day Service $2423.08 Two Thousand Four Hundred Twenty-Three Dollars and Eight Cents Beach Cleaning Monthly Cost (Per Week) 1-Day Service $9000.00 Nine Thousand Dollars 2-Day Service $9250.00 Nine Thousand Two Hundred Fifty Dollars 3-Day Service $9500.00 Nine Thousand Five Hundred Dollars 4-Day Service $9750.00 Nine Thousand Seven Hundred Fifty Dollars 5-Day Service $10000.00 Ten Thousand Dollars 6-Day Service $10250.00 Ten Thousand Two Hundred Fifty Dollars 7-Day Service $10500.00 Ten Thousand Five hundred Dollars Bid Notes: 1. All of Beach Raker’s cleaning equipment and beach cleaning processes comply with Federal and State environmental safety guidelines. 2. Beach Raker’s tractor towed equipment has the capability to remove all forms of debris from beaches and sandy recreation areas, including seaweed, bottles, bottle caps, boxes, wrappers, cans, papers, dead fish, syringes, shells, stone, wood, cigarette butts, animal droppings, etc. 3. The City of Dania Beach will provide waste bins in the parking lot adjacent to the City’s beach that can be used by the contractor for waste disposal. The City will provide equipment storage on site, or within close proximity to the beach for the beach contractor’s equipment. 4. Beach Raker will apply to FWC on behalf of the City of Dania Beach for Special Permit Conditions to use its Barber Surf Rake equipment on the upper portion of the beach during Turtle Nesting Season March 1 – October 31, as we have done successfully in the past. Seaweed Alternative Disposal Seaweed will be collected and removed from beach to a Beach Raker designated/approved compost or transfer site as outlined in this RFP response. Seaweed Removal Per Truck Load (Approximately 20 cubic yards) $1,000.00 Per Truck Load One Thousand Dollars Bid Notes: 1. If the City of Dania Beach requires/desires the collected sargassum be taken to an alternative site. That cost will be negotiated on a case-by-case basis. 2. The collection of sargassum may require a staging area on or near a beach access point.