HomeMy WebLinkAboutR-2026-122 Agreements with 3 Vendors for Portable Restroom (ITB No. 26-018)RESOLUTION NO. 2026-122
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AGREEMENTS WITH FRIENDLY JOHN, DOODIE CALLS, AND
UNITED SITE RENTALS FOR PORTABLE TOILET, PORTABLE
RESTROOM, AND RESTROOM TRAILER RENTAL SERVICES PURSUANT
TO INVITATION TO BID NO. 26-018 (RE-BID), ENTITLED “PORTABLE
TOILET AND RESTROOM TRAILER,” WHICH AGREEMENTS MAY
EXCEED THE ANNUAL VENDOR THRESHOLD OF FIFTY THOUSAND
DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City, issued Invitation to Bid ITB No. 26-018 (Re-Bid), entitled “Portable
Toilet and Restroom Trailer,” to establish agreements with qualified vendors for the provision of
portable toilet, portable restroom, and restroom trailer rental services on an as-needed basis; and
WHEREAS, these services are necessary to support City-sponsored events, recreational
programs, public gatherings, emergency response activities, and other operational needs requiring
temporary restroom facilities; and
WHEREAS, the solicitation was publicly advertised on July 24, 2026, and three bid
responses were received by the submission deadline, with the bids publicly opened on August 14,
2026; and
WHEREAS, pursuant to Resolution No. 26-110, adopted at the August 25, 2026
Commission meeting, the City Commission selected the three firms and authorized the City to
negotiate the agreements; and
WHEREAS, the attached template agreements, incorporated by this reference as Exhibit
A, will allow the City to obtain temporary restroom facilities on an as-needed basis, including
portable toilets, ADA-compliant portable restroom units, and air-conditioned restroom trailers; and
WHEREAS, services provided under the agreements will include furnishing, delivery,
setup, permitting, maintenance, servicing, cleaning and sanitizing, routine pump-out, replenishment
of necessary supplies, and removal or replacement of units as needed; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
“Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection
(a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal
year; and
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WHEREAS, the Public Services Department (PSD) anticipates that the primary use of
these agreements will be for portable restroom rentals at the City’s beach, where additional restroom
facilities are needed to accommodate residents and visitors, and increased public activity; and
WHEREAS, the agreements will also provide the City with the flexibility to obtain
temporary restroom facilities for City-sponsored events, recreational programs, emergency
operations, and other municipal activities as needed; and
WHEREAS, based on the results of ITB No. 26-018 (Re-Bid), the Public Services
Department recommends entering into agreements, with Friendly John, Doodie Calls, and United
Site Rentals to provide portable toilet, portable restroom, and restroom trailer rental services on an
as-needed basis; and
WHEREAS, services obtained under the agreements will be funded through the respective
department’s approved annual operating budget, and no additional budget appropriation is required
as a result of entering into the agreements; and
WHEREAS, entering into the agreements will provide the City with reliable access to
temporary restroom facilities on an as-needed basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the City Manager to enter into
agreements, which a template of that Agreement is attached as Exhibit “A”, with Friendly John,
Doodie Calls, and United Site Rentals for portable toilet, portable restroom, and restroom trailer
rental services pursuant to ITB No. 26-018 (Re-Bid), “Portable Toilet and Restroom Trailer,” on
an as-needed basis.
Section 3. That the services provided pursuant to the agreements authorized herein
shall be funded through the respective department’s approved annual operating budget. No
additional budget appropriation is required as a result of entering into these agreements.
Section 4. That the City Manager, or designee, is authorized to execute the agreements
with Friendly John, Doodie Calls, and United Site Rentals and any other documents necessary to
implement the agreements, subject to review and approval as to form and legal sufficiency by the
City Attorney.
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Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall become effective immediately after passage and
adoption.
PASSED AND ADOPTED on September 14, 2026.
Motion by Commissioner Lewellen, second by Vice Mayor Salvino.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ERIN MCCLENDON JOYCE L. DAVIS
DEPUTY CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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AGREEMENT FOR PORTABLE TOILET AND
RESTROOM TRAILER RENTAL SERVICES
ITB NO. 26-018 (RE-BID)
This Agreement is entered into as of [EFFECTIVE DATE], by and between the CITY OF
DANIA BEACH, FLORIDA, a Florida municipal corporation (the “City”), and
_________________________________________, with a principal address at
___________________________________________ (the “Contractor”). The City and Contractor
may each be a “Party” and together the “Parties.”
RECITALS
WHEREAS, the City issued Invitation to Bid No. 26-018 (Re-Bid), “Portable Toilet and
Restroom Trailer” (the “ITB”), for portable toilet, portable restroom, and restroom trailer rental
services on an as-needed basis;
WHEREAS, Contractor submitted a responsive bid and represents that it is qualified,
properly licensed, and able to perform the Services;
WHEREAS, by Resolution No. 2026-110, adopted August 25, 2026, the City Commission
awarded the ITB to Friendly John, Doodie Calls, and United Site Services of Florida, LLC,
authorized separate agreements with the awarded vendors, and authorized purchases exceeding the
annual $50,000 single-vendor threshold, subject to departmental budget appropriations; and
WHEREAS, the Parties desire to state the terms governing Services ordered from
Contractor.
NOW, THEREFORE, in consideration of the mutual promises below, the Parties agree:
1. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
The Contract Documents consist of this Agreement, the City’s ITB and all addenda, Contractor’s
bid, each City purchase order or written work authorization, and any written amendment signed
by both Parties. They are incorporated by reference.
If a conflict exists, the Contract Documents control in the order listed above. Contractor’s
preprinted, click-through, invoice, delivery-ticket, website, or other unilateral terms do not apply
unless expressly accepted in a written amendment signed by an authorized City representative and
approved as to legal form.
2. SCOPE OF SERVICES
2.1 Contractor shall furnish, deliver, install, secure, permit when required, maintain, service, clean,
sanitize, pump out, replenish, repair, replace, and remove portable restroom facilities ordered by
the City, including standard units, ADA-compliant units, handwashing stations, and restroom
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trailers, as applicable to Contractor’s awarded items. Services shall comply with the Contract
Documents, applicable law, manufacturer requirements, and accepted industry standards.
2.2 The City may request Services for beaches, parks, events, emergency operations, and other
municipal needs. Each order will identify the location, units, delivery and removal dates, servicing
frequency, and event-specific requirements. Contractor shall not perform extra work or incur
additional charges without prior written authorization.
2.3 Contractor shall promptly correct deficient Services and replace any unsafe, damaged,
unsanitary, nonfunctioning, or noncompliant unit at no additional cost. For an emergency or
imminent health or safety concern, Contractor shall respond within the time required by the ITB
or, if the ITB is silent, as reasonably directed by the City.
2.4 Contractor controls its personnel and means and methods, remains responsible for safety
associated with its work, and shall protect City property and the public. Contractor shall repair,
replace, or reimburse the City for damage caused by Contractor or its subcontractors.
3. NONEXCLUSIVE, AS-NEEDED AGREEMENT; NO MINIMUM
This is a nonexclusive, indefinite-quantity agreement. The City may obtain Services from other
providers. The City makes no representation or guarantee concerning the number, frequency, or
dollar value of orders and has no minimum-purchase obligation. Contractor is entitled to payment
only for Services properly ordered, performed, and accepted.
4. TERM
The initial term of this Agreement begins on the Effective Date and continues for one (1) year,
unless earlier terminated in accordance with this Agreement. The City may, in its sole discretion,
renew the Agreement for up to three (3) additional one-year terms by providing written notice to
Contractor before expiration of the then-current term.
Each renewal is subject to satisfactory performance, continued need for the Services, availability
and appropriation of funds, and Contractor’s continued compliance with the Contract Documents.
A renewal does not permit any price increase unless expressly authorized by the ITB and approved
in writing by the City.
The Agreement will not renew automatically, and Contractor has no right or entitlement to a
renewal. The total term, including all renewals, may not exceed four (4) years.
5. ORDERS; CITY REPRESENTATIVE
5.1 Only a purchase order or written work authorization issued by an authorized City representative
commits City funds.
5.2 Contractor shall confirm each order and promptly disclose any inability to meet the requested
schedule. Contractor proceeds without required written authorization at its own risk.
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6. COMPENSATION; INVOICES; TAXES
6.1 Prices shall not exceed Contractor’s submitted price schedule attached as Exhibit A. The
aggregate bid total of $____________.00 was used for award evaluation and is not a guaranteed
purchase amount, a minimum commitment, or a limitation on properly authorized purchases under
Resolution No. 2026-110.
Prices include all labor, equipment, delivery, setup, routine servicing, cleaning, supplies, fuel,
travel, overhead, profit, permits, and other costs unless the Contract Documents expressly identify
a separate charge. Total payments shall not exceed available appropriations and authorized
purchase orders.
6.2 Invoices must identify the purchase order, service location, unit type and quantity, service
dates, unit price, and authorized additional charges. The City will pay undisputed amounts under
the Florida Local Government Prompt Payment Act. Payment does not constitute acceptance or
waive a defect.
6.3 The City is exempt from Florida sales and use tax. Contractor is responsible for its taxes and
shall not charge taxes from which the City is exempt.
7. PERFORMANCE STANDARDS; COMPLIANCE
Contractor shall maintain all licenses, permits, registrations, vehicles, equipment, trained
personnel, and disposal arrangements required to perform. Waste shall be transported and disposed
of only at lawful facilities.
Contractor shall comply with environmental, sanitation, accessibility, traffic, occupational-safety,
immigration, and other applicable requirements. Upon request, Contractor shall provide service
logs, disposal records, permits, and other performance documentation.
8. INSURANCE
Before performing and throughout the term, Contractor shall maintain the insurance required by
the ITB and provide certificates and endorsements acceptable to the City. Required insurance does
not limit Contractor’s liability. The City may suspend performance until any lapse is cured.
9. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the
City and its officials, officers, employees, and agents from claims, damages, losses, liabilities,
penalties, judgments, and reasonable attorneys’ fees and costs, to the extent caused by the
negligent, reckless, or intentional acts or omissions of Contractor, its employees, subcontractors,
or persons for whom it is responsible in performing this Agreement.
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This section does not require Contractor to indemnify the City for the City’s own negligence and
does not waive the City’s sovereign immunity or the limitations of section 768.28, Florida Statutes.
These obligations survive.
10. INDEPENDENT CONTRACTOR; PERSONNEL; SUBCONTRACTORS
Contractor is an independent contractor and not a City employee, agent, partner, or joint venturer.
Contractor is solely responsible for its personnel, payroll, benefits, taxes, supervision, and conduct.
Contractor shall not subcontract a material portion without prior written approval and remains fully
responsible for each subcontractor.
11. PUBLIC RECORDS
Contractor shall comply with section 119.0701, Florida Statutes, and all applicable public-records
laws. Contractor shall keep and maintain public records required to perform; provide public access
on the same terms as the City and at lawful cost; protect exempt or confidential records; and, upon
completion, transfer all public records to the City at no cost or retain them as required by law.
Electronically stored records must be provided in a format compatible with the City’s systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY
CLERK, CITY OF DANIA BEACH, 100 W. DANIA BEACH BOULEVARD, DANIA
BEACH, FLORIDA 33004, TELEPHONE (954) 924-6800, OR EMAIL [PUBLIC
RECORDS EMAIL ADDRESS].
12. RECORDS; AUDIT
Contractor shall retain records supporting invoices, compliance, and performance for at least five
years after final payment, or longer if required by law. The City and its auditors may inspect and
copy those records during reasonable business hours. Contractor shall refund unsupported or
overpaid amounts.
13. E-VERIFY; REQUIRED CERTIFICATIONS
13.1 Contractor shall comply with section 448.095, Florida Statutes, use E-Verify as required,
obtain required subcontractor affidavits, and take the actions required by statute upon credible
evidence of a violation.
13.2 Before execution and when otherwise required, Contractor shall provide all affidavits and
certifications required by Florida law and the ITB, including applicable certifications concerning
public-entity crimes, scrutinized companies, foreign-country interests, discriminatory vendors, and
human trafficking. Contractor shall promptly report any change.
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14. ETHICS; CONFLICTS; GIFTS
Contractor shall comply with applicable ethics, lobbying, conflict-of-interest, and gift laws.
Contractor represents it has disclosed any actual or potential conflict and shall promptly disclose
any conflict arising during the term. No contingency fee or improper inducement has been offered
or paid to obtain this Agreement.
15. DEFAULT; REMEDIES
15.1 Contractor defaults if it fails to timely or properly perform, maintain insurance or
qualifications, comply with law, correct a deficiency, becomes insolvent, or materially breaches a
Contract Document.
Except for emergencies, threats to health or safety, abandonment, fraud, or a breach not reasonably
curable, the City may give written notice and a reasonable opportunity to cure.
15.2 Upon default, the City may suspend orders or payment, obtain substitute services and charge
Contractor the reasonable excess cost, require correction or replacement, terminate all or part of
this Agreement, set off amounts owed, and pursue any other lawful remedy. Remedies are
cumulative.
16. TERMINATION; NONAPPROPRIATION
16.1 The City may terminate this Agreement or an order for convenience upon thirty days’ written
notice. The City will pay only for conforming Services accepted through termination and
authorized, noncancelable commitments approved in writing. Contractor is not entitled to
anticipatory profit, lost opportunity, or termination charges.
16.2 The City may terminate immediately for default, illegality, loss of authority or insurance, or
a threat to public health or safety.
16.3 The City’s obligations are subject to annual appropriation. If sufficient funds are not
appropriated or legally available, the City may terminate without penalty. Nothing creates a debt
beyond the fiscal year for which funds are appropriated.
17. NOTICES
Formal notices shall be in writing and delivered personally, by nationally recognized overnight
carrier, or by certified United States mail, return receipt requested. Email may supplement but does
not replace formal delivery. Notice is effective upon receipt or documented refusal.
City:
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Attn: Public Services Director
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Contractor:
18. DISPUTES; GOVERNING LAW; VENUE
Florida law governs. Exclusive venue lies in the state courts in Broward County, Florida, or, if
federal jurisdiction exists, the United States District Court for the Southern District of Florida.
EACH PARTY KNOWINGLY WAIVES TRIAL BY JURY TO THE FULLEST EXTENT
PERMITTED BY LAW.
Before suit, senior representatives shall confer in good faith unless emergency relief is necessary
or a limitations period would expire.
19. SOVEREIGN IMMUNITY
Nothing waives the City’s sovereign immunity, the limitations of section 768.28, Florida Statutes,
or any other defense or immunity. No provision creates liability beyond that provided by law.
20. FORCE MAJEURE
Neither Party is liable for delay caused by an event beyond reasonable control that reasonable
diligence could not avoid, excluding lack of funds, price increases, internal labor shortages, or
subcontractor default unless caused by a qualifying event.
The affected Party shall promptly notify the other, mitigate, and resume performance. The City
may obtain substitute services and may terminate an affected order if delay defeats its purpose.
21. GENERAL PROVISIONS
21.1 Assignment. Contractor shall not assign, transfer, or delegate this Agreement or a material
obligation without prior written consent. An unauthorized assignment is void.
21.2 Amendments; Waiver. An amendment or waiver must be in a writing signed by authorized
representatives. City employees cannot modify this Agreement by oral statement, email, course of
dealing, or acceptance of an invoice.
21.3 Severability. If a provision is unenforceable, it shall be modified to the minimum extent
necessary, and the remainder remains effective.
21.4 No Third-Party Beneficiaries. This Agreement benefits only the Parties.
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21.5 Survival. Payment, indemnification, public records, audit, dispute, sovereign-immunity, and
provisions that by nature should survive remain effective.
21.6 Entire Agreement. The Contract Documents constitute the complete agreement and
supersede prior discussions and representations.
21.7 Counterparts; Electronic Signatures. This Agreement may be signed in counterparts and
by lawful electronic signature.
21.8 Authority. Each signer represents authority to bind the identified Party.
SIGNATURES ON THE FOLLOWING PAGES
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IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
and year first written above.
CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM
AND CORRECTNESS
EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM
CITY MANAGER
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CONTRACTOR:
WITNESSES:
SIGNATURE SIGNATURE
PRINT Name PRINT Name
SIGNATURE Title
PRINT Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on , 2026, by
(name), _______________________ (title), of , who
is personally known to me or has produced as identification.
NOTARY PUBLIC
My Commission Expires: State of