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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 2 RESOLUTION #2026-122 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. 3 RESOLUTION #2026-122 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 1 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 2 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. 3 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. 4 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. 5 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 6 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. 7 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 8 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 9 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