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HomeMy WebLinkAboutR-2020-146 Ratifying Agreement and Funds for Hinterland Group, Inc. for Emergency Pumping Services Related to Tropical Storm EtaRESOLUTION NO.2020-146 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AN AGREEMENT AND FUNDS THAT EXCEED THE CITY ANNUAL VENDOR THRESHOLD POLICY OF TWENTY FIVE THOUSAND ($25,000.00) FOR EMERGENCY PUMPING SERVICES PROVIDED BY HINTERLAND GROUP, INC. OBTAINED UNDER EMERGENCY CONDITIONS BY THE CITY MANAGER AS A RESULT OF TROPICAL STORM ETA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertising for bids if she is authorized to do so in advance by a resolution adopted by the City Commission; 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 $25,000.00 for a vendor each fiscal year; and WHEREAS, the recent major rain events in October and the subsequent rains brought on by Tropical Storm Eta required that Public Services Department avail itself of additional resources to address flooding in parts of the City; and WHEREAS, the City entered into an Agreement on November 6, 2020 with Hinterland Group, Inc. for pumping services with the use of vac -con trucks under emergency conditions, which the Department is seeking ratification of the Agreement, a copy of which is attached as Exhibit "A" and incorporated into this Resolution by this reference; and WHEREAS, such services are expected to exceed the City's annual vendor threshold of Twenty Five Thousand Dollars ($25,000.00) for the term of the Agreement dated November 6, 2020 through April 2, 2021, and therefore, City Commission approval is required; 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 and ratifies the Agreement dated November 6, 2020, and related expenses for pumping services provided by Hinterland Group, Inc. in an amount exceeding the annual amount of Twenty Five Thousand Dollars ($25,000.00) purchase threshold for a single vendor for the term of the contract. Section 3. Funds will be appropriated from the City's Disaster Reserve Account 001- 271-08-00. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall become effective and retroactive to November 6, 2020, upon its passage and adoption. PASSED and ADOPTED on December 8, 2020. ATTEST: 100-.0022 _ THOMAS SCHNEIDER, CMC AMARA J CITY CLERK ► �' MAYOR 15ME�y� APPROVED AS TO F RM AND CORRECTNESS: M THOMA ANS$k CITY ATTORNEY v 2 RESOLUTION #2020-146 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND HINTERLAND GROUP, INC., A FLORIDA CORPORATION, FOR EMERGENCY PUMPING SERVICES UNDER THE CITY OF FORT LAUDERDALE, FLORIDA AGREEMENT (ITB NO.12101-383-4) This is an Agreement (the "Agreement") between the City of Dania Beach, Florida, a Florida municipal corporation ("City") and Hinterland Group, Inc., a Florida corporation ("Contractor"), with a mailing address of 992 W. 15a' Street, Riviera Beach, Florida 33404 In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The agreement existing between the Contractor and the City of Fort Lauderdale and any amendment(s) to it, under an award by the City of Fort Lauderdale of a project (the agreement, related ITB No. 12101-383-4 and the contract renewal letter dated March 9, 2020, copies of which are attached as composite Exhibit "A", and made a part of and are incorporated into this Agreement by this reference), shall be considered as part of this Agreement between the City and the Contractor; provided, however, that if Contractor contracts with any other governmental agency in the South Florida area and service rates are lower than those afforded to the City of Fort Lauderdale, or any city in the area for these same services, then Contractor shall provide such lower service rates to the City. 2. The goods and services to be provided to the City consist of emergency pumping services related to the recent heavy rains experienced in South Florida and the approach of Tropical Depression Eta. 3. The term of this Agreement shall be effective immediately upon execution by both parties through and including April 2, 2021. 4. That in all other respects, the terms of the Fort Lauderdale agreement documents apply to this Agreement. SIGNATURES ON FOLLOWING PAGES WITNESSES: Si re PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD) CONTRACTOR: HINTERLAND GROUP, INC., a Florida torpor ti n Signature Daniel Duke III PRINT Name President Title Dated: 't�v & V- 12020 The foregoing instrument was acknowledged before me by means of Q" physical presence or ❑ online notarization, on 1�0\olt Wjew, (c, 2020, by Daniel Duke III as President of Hinterland Group, Inc., Florida corporation, on behalf of the corporation. He is personally known tome or has produced 1Pg 5� tl e4AZ lr) as identification. My Commission Expires: STEPHANIE SACKETT J * Commission # GG 328788 s b Q J �}FOF Expires April 29, 2023 FL; Bonded ibru Budget Notary Services 3 C1"4 Notat blic, S ate of Florida StI&.u� w S&A& Print ame IN WITNESS of the foregoing, the parties leave executed this Agreement on November 9, , 2020. ATTEST: Thomas Digitally signed by Thomas Schneider DN —Thomas Schneider, o=Gty of Dama Beach, ou=Gty Clerk email—tschneider Schneider Date 20201109134524-05'OO'9ov, THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: p911Ybf9�4 hYtlwNrlMlhro Thomas J. hoc301611Ah11•SRI6059P THOMAS J. ANSBRO CITY ATTORNEY I Pa CITY: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation Digitally signed by Lori Lewellen Lori DN cn=Lon Lewellen, o=Gtyof Dama Beach, —Mayor, �U 91=lewellen@damabeachFl gov, Lewellen Date 202011 091133:23-05'00' LORI LEWELLEN MAYOR Digitally signed by Ana M Garcia DN cn=AnaM Garcia, o=Gty of Dania Ana M. Garcia Beach,ou, email=agaroa@daniabeachFl gov, c=US Date 20201109133846-05'00' ANA M. GARCIA, ICMA-CM CTI'Y MANAGER City of Fort Lauderdale , Procurement Services division 100 N. Andrews Avenue, 619 • Fort Lauderdale, Florida 33301 954-828-5933 Fax 954-828-5576 www.fortiouderclale.gov March 9, 2020 Hinterland Group Inc. Attn: Daniel A. Duke 992 W 15 Street Riviera Beach, FL 33404 SUBJECT: Renewal of Term Contract for Pumping Services (Scheduled/Unscheduled), ITB 12101-383-4, Amendment 1 Dear Mr. Duke: The subject Contract will expire on April 2, 2020. In accordance with the terms and,donditions of the subject Contract, the Contract may, by mutual consent of the parties, be renewed for an additional twelve_ (12) month period. The City would like to exercise the right ,to renew this Contract .for an additional year at the existing pricing, terms and conditions. Once renewed, the new contract expiration date will be April 2, 2021. Please indicate your approval at this offer by Having an officer of your firm execute the acceptance portion below and, return this, letter by email to Lure Rogers at IrogersAfortlauderdale.goy by March 16, 2020. Upon execution below by your firm's authorized representative, this Amendment will be your official notice that the Contract has been extended f'nr one (1) year and no additional documentation will be required, Please be sure any required Insurance Certificates are up to date and attached to your response. Thank you for your immediate attention to this matter. Sincerely, Jodi S. Hart, CPPO, CPPB, MBA ,!le�0000errr�rr Chief Procurement Officer ,.�`p.Na GROG%,p A o ACCEPTANCE By Offlcial Signature Daniel Duke Ill President Name Title 03/09/2020 Date Approved by: Jodi S. Hart, Chief Procurement Officer . n��69C _. Uncontrolled In hard copy unless otherwise marked ,. j WE BUILD COMMUNITY ,a� • CERTIFICATE OF LIABILITY INSURANCE —DAT2020 YII DIYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jennie Lanman South Shore Insurance Inc. PHONE 772 426-9973 772 872-5870 E-MAIL jennie@southshore-insurance.com 955 SE Central Parkway INSURER(SI AFFORDING COVERAGE NAIC 0 Stuart FL 34994 INSURE A: Zurich American Insurance Company 16535 INSURED INSURE B: Travelers Property Casualty Company of Amer 25674 INSURERC: American Guarantee & Liability Insurance Co. 26247 Hinterland Group Inc. INSURERD: 2051 West Blue Heron Blvd INS ERE : Riviera Beach, FL 33404 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UM1TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUB POLICY NUMBER PO Ip EFF PO C EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE XF OCCUR EACH OCCURRENCE $1,000,000 DAMAGE TO 2a occurrence) RENTED 300 000 X 5000 XCU Coverage Included x x GLO-4956332 01/31/2020 01131/2021 MEDEXP (Any oile, arson X Primary/Non Contributory PERSONAL &ADV INJURY $11,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JEST 0 LOC GENERAL AGGREGATE $2.000,000 PRODUCTS -COMPIOPAGG $2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000 0a0 BODILY INJURY (Per person) $ A ANYAUTO BODILY INJURY (Per accident) $ Ix AALL UTOS NED SCHEDULED AUTOS NON -OWNED HIRED AUTOS E AUTOS X XBAP-4956334 01/3112020 01/31/2021 PROPERTY DAMAGE (Par acddanQ $ $ X UMBRELLA LIAB [I OCCUR EACH OCCURRENCE 5 000 000 AGGREGATE 5 00a 000 B EXCESS LIAR CLAIMS -MADE ZUP81N2525920NF 01/31/2020 0113112021 DED $ C WORXERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY Y (MandstoryInNH) NIA x WC-4956333 01/31/2020 01/3112021 X PER OTH- - E.L. EACH ACCIDENT 1,000000 E.L. DISEASE -EAEMPLOYE $1,000,000 E.L. DISEASE -POLICY LIMIT 1,000o00 If es, describe unde I r I;Iltlow Installation Floater $2,000,000 A Inland Marine CPP- 6674260-00 01/3112020 01131/2021 Rented/Leased Equl $500,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Should any of the above policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the Insurer, Its agents or representatives. City of Fort Lauderdale, a Florida municipality is included as an additional insured on blanket form only If required by written contractlagreement with the Insured executed prior to Injury or damage. A Waiver of Subrogation Is provided on blanket form only if required by written contractlagreement with the insured executed prior to Injury Coverage Is primar /n oncontri b utory when required by written contract/ agreement. RE: ITB 12101-383-4 t;LK I IrIL;A I C City of Fort Lauderdale Procurement Services Division 100 N. Andrews Avenue, Suite 619 Fort Lauderdale, FL 33301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 1938-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGREEMENT FOR PUMPING SERVICES (SCHEDULED / UNSCHEDULED) THIS AGREEMENT, made this 3rd day of April 2018, is by and between the City of Fort Lauderdale, a Florida municipality, ("City"), whose address is 100 North Andrews Avenue, Fort Lauderdale, Florida, 33301, and Hinterland Group Inc., a Florida corporation, ("Contractor") whose address is 992 W. le Street, Riviera Beach, Florida 334.04, Phone: 561-640-3503, Email: info@hlnterlaudgroup.com. NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the City and the Contractor covenant and agree as follows: WITNESSETH: I. DOCUMENTS The following documents (collectively "Contract Documents") are hereby incorporated into and made part of this Agreement (Form P-0001): (1) Invitation to Bid No.12101-383, PUMPING SERVICES (SCHEDULED / UNSCHEDULED), including any and all addenda, prepared by the City of Fort Lauderdale, ("ITB" or "Exhibit A" ). (2) The Contractor's response to the ITB, dated February 9, 2018 ("Exhibit B11). All Contract Documents may also be collectively referred to as the "Documents." In the event of any conflict between or ambng the Documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, specific direction from the City Manager (or designee) B. Second, this Agreement (Form P-0001) dated April 3rd , 2018, and any attachments. C. Third, Exhibit A D. Fourth, Exhibit B 11. SCOPE The Contractor shall perform the work under the general direction of the City as set forth in the Contract Documents. Unless otherwise specified herein, the Contractor shall perform all work identified in .this Agreement. The parties agree that the scope of services is a description of Contractor's obligations and responsibilities, and is doomed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable, Contractor acknowledges and agrees that the City's Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. Form P-0001 Rev 8/2016 CAM 18-0227 EXHO ' B Page 1 of 13 By signing this Agreement, the Contractor represents that it thoroughly reviewed the documents incorporated into this Agreement by reference and that it accepts the description of the work and the conditions under which the Work is to be performed, I. TERM OF AGREEMENT The initial contract period shall commence on April 3, 2018 and shall end on April 2, 2020. The City reserves the right to extend the contract for two additional one-year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event the term of this Agreement extends beyond the end of any fiscal year of City, to wit, September 30th, the continuation of this Agreement beyond the end of such fiscal year shall be subject to both the appropriation and the availability of funds IL COMPENSATION The Contractor agrees to provide the services and/or materials as specified in the Contract Documents at the cost specified in Exhibit B. It is acknowledged and agreed by Contractor that this amount is the maximum payable and constitutes a limitation upon City's obligation 'to compensate Contractor for Contractor's services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort upon Contractor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. Except as otherwise provided in the solicitation, no amount shall be paid to Contractor to reimburse Contractor's expenses. III. METHOD OF BILLING AND PAYMENT Contractor may submit invoices for compensation no more often than monthly, but only after the services for which the invoices are submitted have been completed, An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices small designate the nature of the services performed and/or the goods provided. City shall pay Contractor within forty-five (45) days of receipt of Contractor's proper invoice, as provided in the Florida Local Government Prompt Payment Act. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the City's Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work that has not been remedied or resolved in a manner satisfactory to the City's Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. IV. GENERAL CONDITIONS A. Indemnification CAM 18.0227 Form P-0001 2 EXHIBIT e Page 2 of 13 Contractor shall protect and defend at Contraotor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, Imes, damages, settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withhold shall not be subject to payment of interest by City. B. Intellectual ProAerty Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, royalties, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any infringement or allegation of infringement of any patent, copyright, or other intellectual property right in connection with the Contractor's or the City's use of any copyrighted, patented or un-patented invention, process, article, material, or device that is manufactured, provided, or used pursuant to this Agreement. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. C. Termination for Cause The aggrieved party may terminate this Agreement for cause if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. The City Manager may also terminate this Agreement upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health or safety. The parties agree that if the City erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false or inoorrect bills or invoices, failure to perform the Work to the City's satisfaction; or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. D. Termination for Convenience The City reserves the right, in its best interest as determined by the City, to cancel this contract for convenience by giving written notice to the Contractor at least thirty (30) days prior to the effective date of such cancellation. In the event this Agreement is terminated for convenience, Contractor shall be paid for any services performed to the City's satisfaction pursuant to the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges and agrees that he/she/it has GAM 18-0227 Form P-0001 3 EXHIBIT a Page 3 of 13 received good, valuable and sufficient consideration front City, the receipt and adequacy of which are hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. E. Cancellation for Una pronriated Funds The City reserves the right, in its best interest as determined by the City, to cancel this contract for unappropriated funds or unavailability of funds by giving written notice to the ,Contractor at least thirty (30) days prior to the effective date of such cancellation, The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise provided by law. F. Insurance The Contractor shall furnish proof of insurance requirements as indicated below. The coverage is to remain in force at all times during the contract period. The following minimum insurance coverage is required. The commercial general liability insurance policy shall name the City of Fort Lauderdale, a Florida municipality, as an "additional insured." This MUST be written in the description section of the insurance certificate, even if there is a check -off box on the insurance certificate. Any costs for adding the City as "additional insured" shall be at the Contractor's expense. The City of Fort Lauderdale shall be given notice 10 days prior to cancellation or modification of any required insurance. The insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the,Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Procurement Services Division. The Contractor's insurance must be provided by. an A.M. Best's "A -"rated or better insurance company authorized to issue insurance policies in the State cif Florida, subject to approval by the City's Risk Manager. Any exclusions or provisions in the insurance maintained by the contractor that excludes coverage for work contemplated in this solicitation shall be deemed unacceptable, and shall be considered breach of contract. Workers' Compensation and Employers' Liability Insurance Limits: Workers' Compensation — Per Chapter 440, Florida Statutes Employers' Liability - $500,000 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers' Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk Manager, if they are in accordance with Florida Statute. For additional information contact the Department of Financial Services, Workers' Compensation Division at (850) 413-1601 or on the web at www.f]dA.com. Commercial General Liability Insurance Covering premises -operations, products -completed operations, independent contractors and contractual liability. CAM 18.0227 Form P-0001 4 EXHIBIT 6 Page 4 of 13 Limits: Combined single limit bodily injury/property damage $1,000,000. This coverage must include, but not limited to: a. Coverage for the liability assumed indemnity provision of the contract. b. Coverage for Promises/Operations c. Products/Completed Operations d. Broad Form Contractual Liability e. Independent Contractors Automobile Liability Insurance by the contractor under the Covering all owned, hired and non -owned automobile equipment. Limits: Bodily Injury Property Damage $250,000 each person $500,000 each occurrence $100,000 each occurrence Certificate holder should be addressed as follows: City of Fort Lauderdale Procurement Services Division 100 North Andrews Avenue, Room 619 Fort Lauderdale, FL 33301 G. Environmental. Health and Safety Contractor shall place the highest priority on health and safety and shall maintain a safe working environment during performance of the work. Contractor shall comply, and shall secure compliance by its employees, agents, and subcontractors, with all applicable environmental, health, safety and security laws and regulations, and performance conditions in this Agreement. Compliance with such requirements shall represent the minimum standard required of Contractor. Contractor shall be responsible for examining all requirements and determine whether additional or more stringent environmental, health, safety and security provisions are required for the work. Contractor agrees to utilize protective devices as required by applicable laws, regulations, and any industry or Contractor's health and safety plans and regulations, and to pay the costs and expenses thereof, and warrants that all such persons shall be fit and qualified to carry out the Work. H. Standard of Care Contractor represents that he/she/it is qualified to perform the work, that Contractor and his/her/its subcontractors possess current, valid state and/or local licenses to perform the Work, and that their services shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other qualified contractors under similar circumstances. I. Rights in Documents and Work Any and all reports, photographs, surveys, and other data and documents provided or created In connection with this Agreement are and shall remain the property of City; and Contractor disclaims any copyright in such materials. In the event of and upon CAM 1 "227 Form P-0001 5 EXHIBIT 6 Page 5 of 13 termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the City's Contract Administrator within seven (7) days of termination of this Agreement by either party, Any compensation due to Contractor shall be withhold until Contractor delivers all documents to the City as provided herein. J. Audit Right and Retention of Records City shall have the right to audit the books, records, and accounts of Contractor and Contractor's subcontractors that are related to this Agreement. Contractor shall keep, and Contractor shall cause Contractor's subcontractors to keep, such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. All books, records, and accounts of Contractor and Contractor's subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Contractor or Contractor's subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and Contractor's subcontractors shall preserve and make available, at reasonable times for examination and audit by City in Broward County, Florida, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida public records law, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida public records law is determined by City to be applicable to Contractor and Contractor's subcontractors' records, Contractor and Contractor's subcontractors shall comply with all requirements thereof, however, Contractor and Contractor's subcontractors shall violate no confidentiality or non -disclosure requirement of either federal or state law. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall, by written contract, require Contractor's subcontractors to agree to the requirements and obligations of this Section. The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. K. Public Entity Crime Act Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may be amended from time to time, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in CAM 4 s-0227 Form P-0001 6 EXHIBIT s Page 6 of 13 excess of the threshold amount provided in Section 287.017, Florida Statutes, as may be amended from time to time, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to' this Agreement, and may result in debarment from City's competitive procurement activities. L. Independent Contractor Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of the Contractor. In providing such services, neither Contractor nor Contractor's agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authority of any Idnd to bind City in any respect whatsoever. M. Inspection and Non -Waiver Contractor shall permit the representatives of C1W to inspect and observe the Work at all times. The failure of the City to insist upon strict performance of any other teams of, this Agreement or to exercise any rights conferred by this Agreement shall not be construed by Contractor as a waiver of the City's right to assert or rely on any such terms or rights on any fature occasion or as a waiver of any other terms or rights. N. Assienment and Performance Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as provided in the Schedule of Subcontractor Participation. City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilied in the area(s) for which he or she will render his or her services. Contractor shall perform Contractor's duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final products) provided to or on behalf of City shall be comparable to the best local and national standards. In the event Contractor engages any subcontractor in the performance of this Agreement, Contractor shall ensure that all of Contractor's subcontractors perform in accordance with the terms and conditions of this Agreement. Contractor shall be fully responsible for all of Contractor's subcontractors' performance, and liable for any of Contractor's subcontractors' non-performance and all of Contractor's subcontractors' acts and omissions. Contractor shall defend at Contractor's expense, counsel being subject to City's approval or disapproval, and indemnify and hold City and City's officers, employees, and agents harmless from and against any claim, lawsuit, third party action, CAM 16-0227 Form P-0001 7 EXHIBIT 6 Page 7 of 13 fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, by or in favor of any of Contractor's subcontractors for payment for work performed for City by any of such subcontractors, and from and against any claim, lawsuit, third party action, fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, occasioned by or arising out of any act or omission by any of Contractor's subcontractors or by any of Contractor's subcontractors' officers, agents, or employees. Contractor's use of subcontractors in connection with this Agreement shall be subject to City's prior written approval, which approval City may revoke at any time. o. Conflicts Neither Contractor nor any of Contractor's employees shall have or hold any continuing or frequenily recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care rotated to Contractor's performance under this Agreement. Contractor further agrees that none of Contractor's officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by court process. Further, Contractor agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor agrees to require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. P. Schedule and Delays Time is of the essence in this Agreement. By signing, Contractor affirms that it believes the schedule to be reasonable; provided, however, the parties acknowledge that the schedule might be modified as the City diiects. Q. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth herein was bargained for at arm's Iength and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. CAM 18-0227 Form P_0001 g EXHIBIT6 Page 8 of 13 R. Compliance With Laws Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing Contractor's duties, responsibilities, and obligations pursuant to this Agreement. S. Severance In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the provisions not having been found by a court of competent jurisdiction to be invalid or unenforceable shall continue to be effective, T. Liwltation of Lia The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract or for any action or claim arising from this Agreement to be limited to a maznnum amount of $1,000 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in excess of $1,000 which amount shall be reduced by the amount actually paid by the City to Contractor pursuant to this Agreement, for any action for breach of contract or for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768,28, Florida Statutes, U. Jurisdiction, Venue, Waiver, Waiver of Jury Trial This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida Venue for any lawsuit by either party against the other party or otherwise arising out of this Agreement, and for any other legal proceeding, shall be in the Seventeenth Judicial Circuit in and for Broward County, Florida, or in the event of federal jurisdiction, in the Southern District of Florida, Fort Lauderdale Division. In the event Contractor is a corporation organized under the laws of any province of Canada or is a Canadian federal corporation, the City may enforce in the United States of America or in Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada of a judgment entered by a court in the United States of America. V. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Mayor -Commissioner and/or City Manager, as determined by City Charter and Ordinances, and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. CAM 18-0227 Forl'Yl P-0001 9 EXHIBIT 0 Page 9 of 13 W. Prior Agreements This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written, X. Pavable Interest Except as required and provided for by the Florida Local Government Prompt Payment Act, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. Y. Representation of Author! Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. Z. Uncontrollable Circumstances ("Force Maieure" The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: 1. The non performing party gives the other party prompt written notice describing the particulars of the Force,Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; 2. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 3. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and 4. The non -performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. CAM 18-0227 Form F-0001 10 EXHIBIT 6 Page 10 of 13 AA. Scrutinized Companies Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305•(S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation, 715 F.3d 1268 (11th Cir. 2013), with regard to the "Cuba Amendment," the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2017), that it is not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria, as provided in section 287.135, Florida Statutes (2017), as may be amended or revised. The City may terminate this Agreement at the City' 9 option if the Contractor is found to have submitted a. false certification as provided under subsection (5) of section 287.135, Florida Statutes (2017), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2017), or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2017), as may be amended or revised. M. Public Records IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA, 333019 PHONE: 954-828-5002, EMAIL: PRRCONTRACT@FORTLAUDERDALE.GOV. Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2017), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract CAM 18-0227 Form P-0001 11 EXHIBIT s Page 11 of 13 if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of this Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of this Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a formal' that is compatible with the information technology systems of the City. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] CAM 18-0227 Form P-0001 12 EXHIBIT 6 Page 12 of 13 IN WITNESS WHEREOF, the City and the Contractor execute this Contract as follows: ATTEST: Jeffrey A. Mod el 'ty Clerk WITNESSES: CITY OAFe!lf, ORT LAUDERDALE B Y:LeeCity Manager Hinterland Group Inc. By: Daniel A. Duke III, President The foregoing instrument was acknowledged before me this 3rd day of April , 2018, by Daniel A. Duke, M as President for Hinterland Group Inc., a Florida corporation. (Signature of Notary Public) (SEAL He9OW Croae�tM Notary Public, State of Florida NOTARY-PL10LIC sTATE OF FLORIDA t�"��� 1qAJ Ca wO FF911673 (Print, Type, or Stamp Commissioned Name of • Expires 8120 019 Notary Public) Personally ICuown VAOR Produced Identification Type of Identification Produced Form P-0001 13 CAM 18.0227 EXHIBIT 8 Page 13 of 13 City of Fort Lauderdale EXHIBIT B 12101-383 - - ••r Bid Contact Daniel Duke III Address 5580 S.R. 524 info@hinterlandgroup.com Cocoa, FL 32926 Ph 321-633-7066 Fax 561.640-3504 Line Item Notes Unit Plice Qty1U n i-, Attch Docs i 12101-383--01.01 Scheduled Supplier First Offer - $345.00 11 hour $345.00 Y Y Pumping Day Product Code: Rate Can you meet the delivery requirements?; yes Are the trucks a min. of 4000 gallons?: yes Can you provide a min. of 6 trucks?: yes 12101-383--01-02 Scheduled Supplier First Offer - $495.00 11 hour $495.00 Y Pumping Evening Product Code: Rate Can you meet the delivery requirements?: yes 12101-383--01-03 Scheduled Supplier First Offer - $525.00 11 hour $525.00 Y Pumping Product Code: Weekend/Holiday Can you most Rate the delivery requirements?; yes 12101-383--01-04 Unscheduled Supplier First Offer - $345.00 1 / hour $345.00 Y Pumping Day Product Code: Rate Can you meet the delivery requirements?: yes 12101-383-01-05 Unscheduled Supplier First Offer - $495.00 1 ! hour $495.00 Y Pumping Evening Product Code: Rate Can you meet the delivery requirements?; yes 12101-383--01-06 Unscheduled Supplier First Offer - $525.00 1 / hour $525.00 Y Pumping Product Code: Weekend/Holiday Can you meet Rate the delivery requirements?; 2/912018 BldSync P. 61 City of Fort Lauderdale 12101-383 yes Supplier Total $2,730.00 2/9/2018 BldSync p. 62 City of Fort Lauderdale 12101-383 BIDIPROPOSAL CERTIFICATION Please Note: If responding to this solicitation through BldSync, the electronic version of the bid response will prevail, unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant the electronic version. All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute §607.1501 (visit hftp:/twww.dos.state.fl.us/). Company: (Legal Registration) Hinterland Group, Inc. Address: 992 W 15th Street City: Riviera Beach State: FloridaZip: 33404 Telephone No, 561.640.3503FAX No. 321-633-7067Email: info@hinteriandgroup.com Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): per contract Total Bid Discount (section 1.05 of General Conditions): 0.00 Does your firm qualify for MBE or WBE status (section 1.09 of General Conditions): MBE ❑ WBE ❑ ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark NIA. If submitting your response electronically through BIDSYNC you must also click the "Take Exception" button. NIA The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars ($500.00). This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance 2/9/2018 BldSync P. 108 Glty of Port Lauderdale 12101-383 contained in this competitive solicitation. Submitted by: Daniel Duke III Daniel Duke III Name (printed) Signature 02109/2018 President Date: Title 2/9/2018 BldSync P. 109