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HomeMy WebLinkAboutR-2022-127 Water Treatment Plant Purchase of Sodium Hypochlorite from Allied Universal Corporation (Piggyback Ft. Lauderdale) and to Exceed $25K RESOLUTION NO. 2022-127 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY TO WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE CITY TO UTILIZE THE CITY OF FT. LAUDERDALE CONTRACT ITB NO. 12525-312 "SODIUM HYPOCHLORITE (CO-OP)", A CHEMICAL USED FOR THE WATER TREATMENT PLANT FOR PRICING UNDER THE SOUTHEAST FLORIDA GOVERNMENT PURCHASING COOPERATIVE GROUP FOR FISCAL YEAR 2021-2022, TO BE VALID EACH YEAR THE CONTRACT IS IN PLACE IN AN AMOUNT THAT MAY EXCEED THE ANNUAL SINGLE VENDOR THRESHOLD TOTAL OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), AND FURTHER PROVIDING THAT SUCH PURCHASES ARE TO BE MADE WITHIN THE WATER DIVISION'S APPROVED CHEMICAL BUDGET APPROPRIATIONS; 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 (j), 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 advertisement for bids and is authorized to do so if a resolution is adopted in advance by the City Commission and if such purchases are made pursuant to a competitive bid obtained in the last eighteen (18) months by other government agencies such as the federal government, State of Florida, or a Florida municipality or county, or multiple agencies forming a co-op; 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 or limitation at $25,000.00 for a vendor each fiscal year; and WHEREAS,the Public Services Department(PSD)has determined that it is necessary to purchase certain chemicals for use by the Water Treatment Plant in the treatment of drinking water; and WHEREAS, PSD has determined that the purchase of Sodium Hypochlorite can be obtained at the least cost to the City without competitive bidding and without advertisement for bids from Allied Universal Corporation under The City of Ft. Lauderdale's Co-op Agreement under the Southeast Florida Government Purchasing Cooperative Group Contract ITB No. 12525-312 "Sodium Hypochlorite (Co-Op)", effective September 1, 2021 through August 31, 2023 with two (2) additional one (1) year terms, attached as Exhibit "A", to be valid each year that the contract is in place with Allied Universal Corporation in an amount that may exceed the annual single vendor threshold total of$ $25,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "WHEREAS" clauses are ratified and confirmed to be true and correct and are made a part of and incorporated into this Resolution by this reference. Section 2. That the City approves the purchase of Sodium Hypochlorite from Allied Universal Corporation under the Co-op Agreement with the Southeast Florida Government Purchasing Cooperative Group ITB No. 12535-312 `Sodium Hypochlorite (Co-Op)", a copy of which is attached as Exhibit A, in an amount that may exceed the annual vendor Twenty-Five Thousand Dollars ($25,000.00)purchase threshold from a single vendor. Section 3. That funding for the water treatment plant chemicals is planned and appropriated in the Water Treatment Plant Division budgeted Operating Supplies Chemicals Account No. 401-33-03-533-52-40 approved Fiscal Year 2021-2022. 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 upon its passage and adoption. PASSED AND ADOPTED on August 23, 2022. ATTEST: ,O ik Beer S. THOMAS SCHNEIDER, CMC TAMARA JAM CITY CLERK ce MAYOR vge1/SHE9 APPROVED AS TO FORM AND CORRECTNESS: EV . BOU IS CI Y ATTO EY 2 RESOLUTION#2022-127 t authorizations", Subsection (a), sets the monetary threshold or limitation at $25,000.00 for a vendor each fiscal year; and WHEREAS,the Public Services Department(PSD)has determined that it is necessary to purchase certain chemicals for use by the Water Treatment Plant in the treatment of drinking water; and WHEREAS, PSD has determined that the purchase of Sodium Hypochlorite can be obtained at the least cost to the City without competitive bidding and without advertisement for bids from Allied Universal Corporation under The City of Ft. Lauderdale's Co-op Agreement under the Southeast Florida Government Purchasing Cooperative Group Contract ITB No. 12525-312 "Sodium Hypochlorite (Co-Op)", effective September 1, 2021 through August 31, .���^ ••�,, 3901 NW 115 Avenue iff.414.41111 ...,, w Miami,Florida 33178 '4w10X 305-888-2623 office 305-463-8369 fax AWED UNIVERSAL CORPORATION Established 1954 October 14,2021 City of Dania Beach 1201 Stirling Road Dania Beach, FL 33004 Phone:954-924-6808 Email:APollard DaniaBeachfl,gov Re: Bid#ITB No.12525-312 Sodium Hypochlorite, Liquid Dear Antoine: Please use this letter as confirmation that Allied Universal Corporation will offer the City of Dania Beach a piggyback agreement on City of Ft. Lauderdale, BID# ITB No. 12525-312 for Sodium Hypochlorite, with pricing listed below. Sodium Hypochlorite/Bulk $0.718(Full Truckloads) Sodium Hypochlorite/Bulk $0.780(Partial Truckloads) The term of this"piggyback"agreement is from September 1, 2021 to August 31, 2023, during which the City of Dania Beach agrees to purchase from Allied Universal Corporation all the City of Dania Beach's Sodium Hypochlorite. If you agree with this offer along with the terms and conditions as stated on the original bid, and wish to be included in this Bid contract please signify by signing this letter and returning by October 20, 2021 to b id s(cil al l ied u n ive rsal.com We appreciate your business and look forward working with you. Respectfully, ALLIED VERSAL CORPORATION CITY OF DANIA BEACH J. Palmer, C President—CEO Title: Date: cc: .Fernandez,AUC VP of Sales T.Koziatek,AUG Regional Sales Manager S. Kornblum,AUC Sales Representative S. Moros,Bid Coordinator 3901 NW 115 Avenue 9501 Rangelinc Road 30 Neil Gunn Drive 5215 W.Tyson Avenue Miami,Florida 33178 Ft.Pierce,Florida 34987 Ellisville,MS 39437 Tampa,Florida 33611 305-888-2623 772-464-6195 601-477-2550 813-832-4868 8350 NW 115 Avenue 204 SCM Road 2100 Port Road c Services Department(PSD)has determined that it is necessary to purchase certain chemicals for use by the Water Treatment Plant in the treatment of drinking water; and WHEREAS, PSD has determined that the purchase of Sodium Hypochlorite can be obtained at the least cost to the City without competitive bidding and without advertisement for bids from Allied Universal Corporation under The City of Ft. Lauderdale's Co-op Agreement under the Southeast Florida Government Purchasing Cooperative Group Contract ITB No. 12525-312 "Sodium Hypochlorite (Co-Op)", effective September 1, 2021 through August 31, From: Stefan Mohammed To: Costa,Nate Cc: Johnson,Antoine Subject: RE:permission to use contract Date: Tuesday,August 9,2022 8:59:26 AM Attachments: image006pnq image007,png image008.onq imaoe009.onq image0l0.pnq G 4 ! ° 1 t a f.� a i i s e e e 5 4151 l i$d" _f ' re' ...r.,,e �,t,,. !a5.,» .�' 4 us »:.,x....r. �ry�a� 3 �. i 1 Hi Nate, It is fine from on our side to utilize this co-op contract since Dania Beach is listed as an active participant of the co-op. However,many chemicals have been placed on set allocations and would be up to Allied to determine if they can supply. Stefan Mohammed I Senior Procurement Specialist City of Fort Lauderdale I Procurement Services Division 100 N.Andrews Ave. I Fort Lauderdale FL 33301 P 954-828-5351 I F 954-828-55761 SMohammedCa fortlauderdale.gov ,.. FORT LAUDERDALE OUR VALUES MATTER Integrity—Compassion—Accountability-Respect-Excellence Op ARE YOU A CHANGE?COMING SOON A NEW FINANCE/PROCUREMENT SOFTWARE SYSTEM! From:Costa, Nate<ncosta@daniabeachfl.gov> Sent:Tuesday,August 9,2022 8:50 AM To:Stefan Mohammed<SMohammed@fortlauderdale.gov> Cc:Johnson,Antoine<apollard@daniabeachfl.gov> Respectfully, ALLIED VERSAL CORPORATION CITY OF DANIA BEACH J. Palmer, C President—CEO Title: Date: cc: .Fernandez,AUC VP of Sales T.Koziatek,AUG Regional Sales Manager S. Kornblum,AUC Sales Representative S. Moros,Bid Coordinator 3901 NW 115 Avenue 9501 Rangelinc Road 30 Neil Gunn Drive 5215 W.Tyson Avenue Miami,Florida 33178 Ft.Pierce,Florida 34987 Ellisville,MS 39437 Tampa,Florida 33611 305-888-2623 772-464-6195 601-477-2550 813-832-4868 8350 NW 115 Avenue 204 SCM Road 2100 Port Road c Services Department(PSD)has determined that it is necessary to purchase certain chemicals for use by the Water Treatment Plant in the treatment of drinking water; and WHEREAS, PSD has determined that the purchase of Sodium Hypochlorite can be obtained at the least cost to the City without competitive bidding and without advertisement for bids from Allied Universal Corporation under The City of Ft. Lauderdale's Co-op Agreement under the Southeast Florida Government Purchasing Cooperative Group Contract ITB No. 12525-312 "Sodium Hypochlorite (Co-Op)", effective September 1, 2021 through August 31, Subject: [-EXTERNAL-] permission to use contract Good morning Stefan, This is Nate Costa with the city of Dania Beach Water Treatment Plant. I'm reaching out to ask if you could send me over a letter giving us permission to use the City of Ft. Lauderdale's Co-op Contract ITB-No. 12525-312"Sodium Hypochlorite"with Allied Corp. I need this letter today so we can get it on our commission meeting agenda for approval.I appreciate your assistance with this matter. Let me know if you have any questions regarding this. Thank you Nate Costa 16) Water Treatment Plant Manager I City of Dania Beach ncostaftdaniabeachfl.gov I daniabeachfl.gov 1201 Stirling Road I Dania Beach, FL, 33004 DANIA BEACH Phone:954-924+6808 x3616 x3747 SEA IT.LIVE It.LQVE IT. lip am Web:danlabeachfl goy I App:Askpania8each RISE-Respect,Integrity,Standard of Excellence Please note.Florida has a very broad public records law.Most written cornmumr abons to or from City Officials regarding City business are public records available to the public and media upon request Your a-mad communications may therefore be subject to public disclosure. eachfl.gov> Sent:Tuesday,August 9,2022 8:50 AM To:Stefan Mohammed<SMohammed@fortlauderdale.gov> Cc:Johnson,Antoine<apollard@daniabeachfl.gov> Respectfully, ALLIED VERSAL CORPORATION CITY OF DANIA BEACH J. Palmer, C President—CEO Title: Date: cc: .Fernandez,AUC VP of Sales T.Koziatek,AUG Regional Sales Manager S. Kornblum,AUC Sales Representative S. Moros,Bid Coordinator 3901 NW 115 Avenue 9501 Rangelinc Road 30 Neil Gunn Drive 5215 W.Tyson Avenue Miami,Florida 33178 Ft.Pierce,Florida 34987 Ellisville,MS 39437 Tampa,Florida 33611 305-888-2623 772-464-6195 601-477-2550 813-832-4868 8350 NW 115 Avenue 204 SCM Road 2100 Port Road c Services Department(PSD)has determined that it is necessary to purchase certain chemicals for use by the Water Treatment Plant in the treatment of drinking water; and WHEREAS, PSD has determined that the purchase of Sodium Hypochlorite can be obtained at the least cost to the City without competitive bidding and without advertisement for bids from Allied Universal Corporation under The City of Ft. Lauderdale's Co-op Agreement under the Southeast Florida Government Purchasing Cooperative Group Contract ITB No. 12525-312 "Sodium Hypochlorite (Co-Op)", effective September 1, 2021 through August 31, AGREEMENT FOR SODIUM HYPOCHLORITE (CO-OP) THIS AGREEMENT, made this 23rd day of August 2021, is by and between the City of Fort Lauderdale, a Florida municipality ("City" or "Parties"), whose address is 100 North Andrews Avenue, Fort Lauderdale, Florida 33301-1016, and Allied Universal Corp., a Florida corporation ("Contractor," "Company" or"Parties"), whose address and phone number are 3901 NW 115' Avenue, Miami, Florida 33178, Phone: 954-888-2623, Email: bids@allieduniversal.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: (1) Invitation to Bid No. 12525-312, Sodium Hypochlorite (CO-OP), 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 June 23,2021 ("Exhibit B"). All Contract Documents may also be collectively referred to as the "Documents." In the event of any conflict between or among the Documents or any ambiguity or missing specifications or instruction,the following priority is established: A. First,this Agreement dated August 23 , 2021, and any attachments. B. Second, Exhibit A C. Third, Exhibit B II. 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 deemed 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. CAM 21-0674 Exhibit 3 Page 1 of 136 bids from Allied Universal Corporation under The City of Ft. Lauderdale's Co-op Agreement under the Southeast Florida Government Purchasing Cooperative Group Contract ITB No. 12525-312 "Sodium Hypochlorite (Co-Op)", effective September 1, 2021 through August 31, 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. 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. III. TERM OF AGREEMENT The initial contract period shall commence on September 1, 2021 and shall end on August 31, 2023. 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. IV. 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. V. 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 is 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 shall 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 2 CAM 21-0674 Exhibit 3 Page 2 of 136 Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. VI. GENERAL CONDITIONS A. Indemnification Contractor shall protect and defend at Contractor'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, fines, 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 withheld shall not be subject to payment of interest by City. B. Intellectual Property 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 3 CAM 21-0674 Exhibit 3 Page 3 of 136 Page 2 of 136 or incorrect 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 Agreement 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 it has received good, valuable and sufficient consideration from 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 Unappropriated Funds The City reserves the right, in its best interest as determined by the City, to cancel this Agreement 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 Agreement into a subsequent fiscal period is subject to appropriation of funds, unless otherwise provided by law. F. Insurance As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement,the Contractor,at the Contractor's sole expense, shall provide insurance of such types and with such terms and limits as noted below.Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor's insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under this Agreement.All insurance policies shall be from insurers authorized to write insurance policies in the State of Florida and that possess an A.M. Best rating of A-,VII or better. All insurance policies are subject to approval by the City's Risk Manager. The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or 4 CAM 21-0674 Exhibit 3 Page 4 of 136 onal) submission for payment of false 3 CAM 21-0674 Exhibit 3 Page 3 of 136 Page 2 of 136 acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. The following insurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury • $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability and Independent Contractors. The City and the City's officers, employees,and volunteers are to be covered as additional insureds with a CG 20 26 04 13 Additional Insured—Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City or the City's officers, employees, and volunteers. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled,and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than$1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City 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. The Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier waives, all subrogation rights against the City and the City's officers, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S.Longshore Harbor Workers' Act and the Jones Act, if applicable. 5 CAM 21-0674 Exhibit 3 Page 5 of 136 herein protect the interests of the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or 4 CAM 21-0674 Exhibit 3 Page 4 of 136 onal) submission for payment of false 3 CAM 21-0674 Exhibit 3 Page 3 of 136 Page 2 of 136 Pollution and Remediation Legal Liability (Hazardous Materials) For the purpose of this section, the term "hazardous materials" includes all materials and substances that are designated or defined as hazardous by Florida or federal law or by the rules or regulations of Florida or any federal agency. If work being performed involves hazardous materials, the Contractor shall procure and maintain any or all of the following coverage,which will be specifically addressed upon review of exposure. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Agreement, including but not limited to, all hazardous materials identified under the Agreement. Hazardous Waste Transportation Coverage The Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials in an amount not less than $1,000,000 per claim limit and provide a valid EPA identification number. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance(binders are unacceptable)no later than thirty (30) days prior to the start of work contemplated in this Agreement. b. The Contractor shall provide to the City a Certificate of Insurance having a thirty(30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, 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 certificate holder. d. In the event the Agreement term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Agreement until this requirement is met. e. The Certificate of Insurance shall indicate whether coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The title of the Agreement, Bid/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance. 6 CAM 21-0674 Exhibit 3 Page 6 of 136 Exhibit 3 Page 4 of 136 onal) submission for payment of false 3 CAM 21-0674 Exhibit 3 Page 3 of 136 Page 2 of 136 The Certificate Holder should read as follows: City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale,FL 33301 The Contractor has the sole responsibility for the payment of all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation.Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. The Contractor's insurance coverage shall be primary insurance as applied to the City and the City's officers,employees,and volunteers.Any insurance or self-insurance maintained by the City covering the City, the City's officers, employees, or volunteers shall be non- contributory. Any exclusion or provision in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Agreement shall be unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Agreement. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that any and all of the Contractor's independent contractors and subcontractors comply with these insurance requirements.All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein.Any and all deficiencies are the responsibility of the Contractor. 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 7 CAM 21-0674 Exhibit 3 Page 7 of 136 reference must be listed on the Certificate of Insurance. 6 CAM 21-0674 Exhibit 3 Page 6 of 136 Exhibit 3 Page 4 of 136 onal) submission for payment of false 3 CAM 21-0674 Exhibit 3 Page 3 of 136 Page 2 of 136 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 it is qualified to perform the Work, that Contractor and 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 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 withheld 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 8 CAM 21-0674 Exhibit 3 Page 8 of 136 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 Agreement all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this Agreement. 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(2020),as may be amended or revised,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 excess of the threshold amount provided in Section 287.017,Florida Statutes(2020),as may be amended or revised, 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 kind to bind City in any respect whatsoever. M. Inspection and Non-Waiver Contractor shall permit the representatives of City to inspect and observe the Work at all times. 9 CAM 21-0674 Exhibit 3 Page 9 of 136 ter 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 8 CAM 21-0674 Exhibit 3 Page 8 of 136 The failure of the City to insist upon strict performance of any other terms 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 future occasion or as a waiver of any other terms or rights. N. Assignment 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 prior 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 skilled 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 product(s)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, 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 frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. • 10 CAM 21-0674 Exhibit 3 Page 10 of 136 Page 8 of 136 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 directs. 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-length 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. 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. 11 CAM 21-0674 Exhibit 3 Page 11 of 136 ion 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 frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. • 10 CAM 21-0674 Exhibit 3 Page 10 of 136 Page 8 of 136 T. Limitation of Liability 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 maximum 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 (2020), as may be amended or revised. 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. THE PARTIES EXPRESSLY AGREE TO WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ALL ISSUES SO TRIABLE UNDER THIS AGREEMENT. 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 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. 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. 12 CAM 21-0674 Exhibit 3 Page 12 of 136 requently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. • 10 CAM 21-0674 Exhibit 3 Page 10 of 136 Page 8 of 136 X. Payable 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 Authority 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 Majeure") 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. 13 CAM 21-0674 Exhibit 3 Page 13 of 136 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. 12 CAM 21-0674 Exhibit 3 Page 12 of 136 requently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. • 10 CAM 21-0674 Exhibit 3 Page 10 of 136 Page 8 of 136 AA. Scrutinized Companies The Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2020), as may be amended or revised, and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of Section 287.135, Florida Statutes (2020), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2020), as may be amended or revised, or is engaged in a boycott of Israel. BB. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, 100 NORTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301, PHONE: 954-828-5002, EMAIL: PRRCONTRACTFORTLAUDERDALE.GOV. Contractor shall comply with public records laws, and Contractor shall: 1. Keep and maintain public records required by the City 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(2020), 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 the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Agreement,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 the Agreement, 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 the Agreement,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 format that is compatible with the information technology systems 14 CAM 21-0674 Exhibit 3 Page 14 of 136 deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. 12 CAM 21-0674 Exhibit 3 Page 12 of 136 requently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. • 10 CAM 21-0674 Exhibit 3 Page 10 of 136 Page 8 of 136 of the City. CC. Non-Discrimination The Contractor shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color, national origin, religion, creed, sex, disability, sexual orientation, gender, gender identity,gender expression, or marital status. 1. The Contractor certifies and represents that it will comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida,(2020), as may be amended or revised, ("Section 2-187"). 2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3. The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4. The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in Section 2-183 of the Code of Ordinances of the City of Fort Lauderdale, Florida. {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 15 CAM 21-0674 Exhibit 3 Page 15 of 136 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(2020), 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 the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Agreement,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 the Agreement, 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 the Agreement,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 format that is compatible with the information technology systems 14 CAM 21-0674 Exhibit 3 Page 14 of 136 deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. 12 CAM 21-0674 Exhibit 3 Page 12 of 136 requently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. • 10 CAM 21-0674 Exhibit 3 Page 10 of 136 Page 8 of 136 IN WITNESS WHEREOF, the City and the Contractor execute this AgreementContract as follows: ATTEST: CITY LA DERDALE By: Jeffrey A. dare lie y' Jc ,.., Christo er J. agerb oom, ICMA-CM ;, � • `.' ^{, City Ma ger c ;(y,?,:.417 .`' p,. :ior`, Date: 003;7\,.A— 27 'Z�:�.` t....y _1 t f , p 4Te 4—. : � <<:�' Approved as to lorm: t ,�,, , _r.., .R ALAIN E. BOILEAU. CITY ATTORNEY By: Rhon a Mont ya asan Assistant City Attorney WITNESSES: ALLIED UNIVERSAL CORP. By: ignature Ja Cr, President t n 04DIERit ,s? tCRPOR44. C2,4 Signatur . r (CORPORATE SEAL) SEAL •(11(43 Print Name 1077 STATE OF F fi do : LORIDA COUNTY OF iC1►'Yli- C�: The foregoing instrument ws acknow edged before me by means of physical presence or ID online notarization,this q day of ,l.� HV uSf" ,2021,by James Palmer as President for Allied Universal Corp., a Florida corporatio OVV„) \-10A4664/V) (Signature of Notary Public— State of Florida) Print, Type or Stamp Commissioned Name of Notary Public) - - - - - Personally Known OR Produced Identification f r ' :. AIYCOMtSSIONSW307961 2023 Type of Identification Produced — ' S"�e12' +' eaided Thou Wiry RbkUothi 16 CAM 21-0674 Exhibit 3 Page 16 of 136 records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Agreement,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 the Agreement, 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 the Agreement,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 format that is compatible with the information technology systems 14 CAM 21-0674 Exhibit 3 Page 14 of 136 deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. 12 CAM 21-0674 Exhibit 3 Page 12 of 136 requently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. • 10 CAM 21-0674 Exhibit 3 Page 10 of 136 Page 8 of 136 City of Fort Lauderdale EXHIBIT A Bid 12525-312 Solicitation 12525-312 Sodium Hypochlorite (CO-OP) Bid Designation: Public 40 CITY OF FORT LAUDERDALE City of Fort Lauderdale CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.1 Page 17 of 136 City of Fort Lauderdale Bid 12525-312 Bid 12525-312 Sodium Hypochlorite (CO-OP) Bid Number 12525-312 Bid Title Sodium Hypochlorite(CO-OP) Bid Start Date Jun 8,2021 4:12:09 PM EDT Bid End Date Jun 25,2021 2:00:00 PM EDT Question& Jun 21,2021 5:00:00 PM EDT Answer End Date Bid Contact Stefan S Mohammed Senior Procurement Specialist Finance 954-828-5351 smohammed@fortlauderdale.gov Contract Duration 2 years Contract Renewal 2 annual renewals Prices Good for 120 days Bid Comments The City of Fort Lauderdale,as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group(Co-Op)is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified herein. Added on Jun 11,2021: This addendum is to add the bid tabulation done on the last bid 12006-372. All other terms,conditions and specifications remain unchanged. Addendum#1 Item Response Form Item 12525-312-01-01-Sodium Hypochlorite-Tanker Load Quantity 1 gallon Unit Price Delivery Location City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty 1 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.2 Page 18 of 136 2023 Type of Identification Produced — ' S"�e12' +' eaided Thou Wiry RbkUothi 16 CAM 21-0674 Exhibit 3 Page 16 of 136 records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Agreement,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 the Agreement, 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 the Agreement,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 format that is compatible with the information technology systems 14 CAM 21-0674 Exhibit 3 Page 14 of 136 deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. 12 CAM 21-0674 Exhibit 3 Page 12 of 136 requently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. • 10 CAM 21-0674 Exhibit 3 Page 10 of 136 Page 8 of 136 City of Fort Lauderdale Bid 12525-312 Description Based on past usage,the co-op anticipates usage of 8,531,000 gallons for the two year contract.However past usage is not indicative of future usage. Item 12525-312-01-02-Sodium hypochlorite-Less than tanker load Quantity 1 gallon Unit Price Delivery Location City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty1 Description Based on past usage,the Co-op anticipates usage of 200,000 gallons for a two year term,however past usage is not indicative of future usage. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 P.3 Page 19 of 136 City of Fort Lauderdale Bid 12525-312 cp,a(NEAST FLo 04 Nt SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative Group. For the past several years, approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative Group was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Group Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency". All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s)shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative Group are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative Group members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative Group members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.4 Page 20 of 136 City of Fort Lauderdale Bid 12525-312 City of Fort Lauderdale Sodium Hypochlorite (CO-OP) ITB 12525-312 SECTION I— INTRODUCTION AND INFORMATION 1.1 Purpose The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium Hypochlorite for the City, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (ITB). 1.2 BidSync The City of Fort Lauderdale uses BidSync (www.bidsync.com) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the ITB from BidSync. Proposers are strongly encouraged to read the various vendor Guides and Tutorials available in BidSync well in advance of their intention of submitting a proposal to ensure familiarity with the use of BidSync. The City shall not be responsible for a Proposers inability to submit a Proposal by the end date and time for any reason, including issues arising from the use of BidSync. It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically through BidSync at www.bidsync.com no later than the time and date specified in this solicitation. PAPER BID SUBMITTALS WILL NOT BE ACCEPTED. BIDS MUST BE SUBMITTED ELECTRONICALLY VIA WWW.BIDSYNC.COM. 1.3 Electronic Bid Openings Please be advised that effective immediately, and until further notice, all Invitation to Bids, Request For Proposals, Request For Qualifications, and other solicitations led by the City of Fort Lauderdale will be opened electronically via BIDSYNC.COM at the date and time indicated on the solicitation. All openings will be held on the BIDSYNC.COM platform. Anyone requesting assistance or having further inquiry in this matter must contact the Procurement Specialist indicated on the solicitation, via the Question and Answer forum on Bidsync.com before the Last Day for Questions indicated in the Solicitation. 1.4 Point of Contact For information concerning procedures for responding to this solicitation, contact Procurement Specialist, Stefan Mohammed, at (954) 828-5351 or email at SMohammed@fortlauderdale.gov. Such contact shall be for clarification purposes only. For information concerning technical specifications, please utilize the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the cut-off date specified in the ITB schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of BidSync Site). Bidders please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in BidSync shall become part of any contract that is created from this ITB. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 P.5 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 1.5 Pre-bid Conference and/or Site Visit There will not be a pre-bid conference or site visit for this ITB. It will be the sole responsibility of the Bidder to become familiar with the scope of the City's requirements and systems prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. END OF SECTION CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.6 Page 22 of 136 3 Page 19 of 136 City of Fort Lauderdale Bid 12525-312 SECTION II -SPECIAL TERMS AND CONDITIONS 2.1 General Conditions ITB General Conditions (Form G-107, Rev. 09/20) are included and made a part of this ITB. 2.2 Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Procurement Specialist utilizing the question /answer feature provided by BidSync and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer(Q &A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question / answer feature provided by BidSync and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by official written addendum issued by the City and uploaded to BidSync as a separate addendum to the ITB. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 2.3 Changes and Alterations Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the Bid deadline. 2.4 Bidder's Costs The City shall not be liable for any costs incurred by Bidders in responding to this ITB. 2.5 Pricing/Delivery Delivery is required within two business days after receipt of purchase order. Failure to meet this delivery date may be deemed as non-responsive. All deliveries are to be shipped F.O.B. Destination, Freight included. Failure to provide costs as requested in this ITB may deem your bid non-responsive. All work is to be performed during normal working hours unless requested otherwise by the participating agency. Contractor must provide name and contact information as references for facilities that have been provided the same or similar products and service. City of Hallandale delivery instructions- delivery during daylight hour only. Coral Springs Improvement District special delivery requirements- full safety gear when offloading chemicals. 2.6 Price Validity Prices provided in this Invitation to bid (ITB) shall be valid for at least One-Hundred and Twenty (120) days from time of ITB opening unless otherwise extended and agreed upon by the City and Bidder. The City shall award contract within this time period or shall request to the recommended awarded vendor an extension to hold pricing, until products/services have been awarded. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 P.7 Page 23 of 136 with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in BidSync shall become part of any contract that is created from this ITB. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 P.5 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.8 Page 24 of 136 . It will be the sole responsibility of the Bidder to become familiar with the scope of the City's requirements and systems prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. END OF SECTION CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.6 Page 22 of 136 3 Page 19 of 136 City of Fort Lauderdale Bid 12525-312 2.7 Invoices/Payment Payment terms will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last, in accordance with the Florida Local Government Prompt Payment Act. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. 2.8 Related Expenses/Travel Expenses All costs including travel are to be included in your bid. The City will not accept any additional costs. 2.9 Payment Method The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks to be printed and mailed. Payments will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card payment or take whatever steps necessary to implement acceptance of a credit card before the commencement of a contract. See Contract Payment Method form attached. 2.10 Mistakes The Bidder shall examine this ITB carefully. The submission of a bid shall be prima facie evidence that the Bidder has full knowledge of the scope, nature, and quality of the work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed. Ignorance of the requirements will not relieve the Bidder from liability and obligations under the Contract. 2.11 Acceptance of Bids/ Minor Irregularities 2.11.1 The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variances to specifications contained in bids which do not make the bid conditional in nature and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a bidder an advantage or benefit not enjoyed by other bidders, does not adversely impact the interests of other firms or, does not affect the fundamental fairness of the solicitation process. The City also reserves the right to reissue an ITB. 2.11.2 The City reserves the right to disqualify Bidder during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Bidder. 2.12 Modification of Services 2.12.1 While this contract is for services provided to the department referenced in this ITB, the City may require similar work for other City departments. Successful Bidder agrees to take on such work unless such work would not be considered reasonable or become an undue burden to the Successful Bidder. 2.12.2 The City reserves the right to delete any portion of the work at any time without cause, and if such right is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished and approved by the CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.9 Page 25 of 136 xhibit 3 P.5 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 City on any portion of a contract resulting from this ITB, the Successful Bidder shall be paid for the work completed on the basis of the estimated percentage of completion of such portion to the total project cost. 2.12.3 The City may require additional items or services of a similar nature, but not specifically listed in the contract. The Successful Bidder agrees to provide such items or services and shall provide the City prices on such additional items or services. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items or services from other vendors, or to cancel the contract upon giving the Successful Bidder thirty(30) days written notice. 2.12.4 If the Successful Bidder and the City agree on modifications or revisions to the task elements, after the City has approved work to begin on a particular task or project, and a budget has been established for that task or project, the Successful Bidder will submit a revised budget to the City for approval prior to proceeding with the work. 2.13 No Exclusive Contract Bidder agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City's sole option. 2.14 Sample Contract Agreement A sample of the formal agreement template, which may be required to be executed by the awarded vendor can be found at our website: https://www.fortlauderdale.bov/home/showdocument?id=1212 2.15 Responsiveness In order to be considered responsive to the solicitation, the firm's bid shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance. 2.16 Responsibility In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 2.17 Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Bidder must demonstrate that they have successfully completed services, as specified in the Technical Specifications / Scope of Services section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed to perform such work. In addition, the Bidder must have no conflict of interest with regard to any other work performed by the Bidder for the City of Fort Lauderdale. 2.17.1 Firm or principals shall have no record of judgments, pending lawsuits against the City or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the City Commission. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.10 Page 26 of 136 d if such right is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished and approved by the CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.9 Page 25 of 136 xhibit 3 P.5 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 2.17.2 Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. 2.18 Lobbying Activities ALL CONTRACTORS PLEASE NOTE: Any contractor submitting a response to this solicitation must comply, if applicable, with City of Fort Lauderdale Ordinance No. C-11-42 & Resolution No. 07-101, Lobbying Activities. Copies of Ordinance No. C-11-42 and Resolution No. 07-101 may be obtained from the City Clerk's Office on the 7th Floor of City Hall, 100 N. Andrews Avenue, Fort Lauderdale, Florida. The ordinance may also be viewed on the City's website at http://www.fortlauderdale.00v/home/showdocument?id=6036. 2.19 Local Business Preference- N/A 2.20 Disadvantaged Business Enterprise Preference- N/A 2.21 Protest Procedure 2.21.1 Any Bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city's procurement ordinance or any applicable law, may follow the protest procedure as found in the city's procurement ordinance within five (5) days after a notice of intent to award is posted on the city's web site at the following link: http://www.fortlauderdale.gov/departments/finance/procurement-services/notices- of-intent-to-award. 2.21.2 The complete protest ordinance may be found on the city's web site at the following link: https://library.municode.com/fl/fort lauderdale/codes/code of ordinances?nodel d=COOR CH2AD ARTVFI DIV2PR S2-182DIREPR 2.22 Public Entity Crimes Bidder, by submitting a bid, certifies that neither the Bidder nor any of the Bidder's principals has been placed on the convicted vendor list as defined in Section 287.133, Florida Statutes (2018), as may be amended or revised. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 2.23 Sub-Contractors 2.23.1 If the Contractor proposes to use sub-contractors in the course of providing these services to the City, this information shall be a part of the bid response. Such information shall be subject to review, acceptance and approval of the City, prior to any contract award. The City reserves the right to approve or disapprove of any sub- contractor candidate in its best interest and to require Contractor to replace sub- contractor with one that meets City approval. CAM 21-0674 7/1/2021 9'01 AM Exhibit 3 p.11 Page 27 of 136 iginally planned. If work has already been accomplished and approved by the CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.9 Page 25 of 136 xhibit 3 P.5 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 2.23.2 Contractor shall ensure that all of Contractor's sub-contractors perform in accordance with the terms and conditions of this Contract. Contractor shall be fully responsible for all of Contractor's sub-contractors' performance, and liable for any of Contractor's sub- contractor's non-performance and all of Contractor's sub-contractors' acts and omissions. Contractor shall defend, at Contractor's expense, counsel being subject to the City's approval or disapproval, and indemnify and hold harmless the City and the City's officers, employees, and agents from and against any claim, lawsuit, third-party action, or judgment, including any award of attorney fees and any award of costs, by or in favor of any Contractor's sub-contractors for payment for work performed for the City. 2.23.3 Contractor shall require all of its sub-contractors to provide the required insurance coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage or policy limits of said sub-contractors will be the sole responsibility of the Contractor. 2.24 Bid Security- N/A 2.25 Payment and Performance Bond- N/A 2.26 Insurance Requirements 2.26.1 As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at the Contractor's sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor's insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under this Agreement. All insurance policies shall be from insurers authorized to write insurance policies in the State of Florida and that possess an A.M. Best rating of "A-" VII or better. All insurance policies are subject to approval by the City's Risk Manager. 2.26.2 The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. 2.26.3 The following insurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury • $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.12 Page 28 of 136 bit 3 p.9 Page 25 of 136 xhibit 3 P.5 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 Policy must include coverage for Contractual Liability and Independent Contractors. The City and the City's officers, employees, and volunteers are to be covered as additional insureds with a CG 20 26 04 13 Additional Insured — Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City or the City's officers, employees, and volunteers. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City 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. The Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier waives, all subrogation rights against the City and the City's officers, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act and the Jones Act, if applicable. 2.26.4 Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Agreement. b. The Contractor shall provide to the City a Certificate of Insurance having a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, 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 certificate holder. d. In the event the Agreement term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Agreement until this requirement is met. e. The Certificate of Insurance shall indicate whether coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.13 Page 29 of 136 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior. f. The City shall be named as an Additional Insured on the general liability policy. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The title of the Agreement, Bid/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance. The Certificate Holder should read as follows: City of Fort Lauderdale Procurement Services Division 100 N. Andrews Avenue Fort Lauderdale, FL 33301 2.26.5 The Contractor has the sole responsibility for the payment of all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. 2.26.6 If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. 2.26.7 The Contractor's insurance coverage shall be primary insurance as applied to the City and the City's officers, employees, and volunteers. Any insurance or self-insurance maintained by the City covering the City, the City's officers, employees, or volunteers shall be non-contributory. 2.26.8 Any exclusion or provision in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Agreement shall be unacceptable and shall be considered breach of contract. 2.26.9 All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Agreement. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. 2.26.10The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical. 2.26.11It is the Contractor's responsibility to ensure that any and all of the Contractor's independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.14 Page 30 of 136 surance shall indicate whether coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.13 Page 29 of 136 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 OPTIONAL COVERAGES CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.15 Page 31 of 136 sponsibility of the Bidder to become familiar with the scope of the City's requirements and systems prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. END OF SECTION CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.6 Page 22 of 136 3 Page 19 of 136 City of Fort Lauderdale Bid 12525-312 Pollution and Remediation Legal Liability (Hazardous Materials) For the purpose of this section, the term "hazardous materials" includes all materials and substances that are designated or defined as hazardous by Florida or federal law or by the rules or regulations of Florida or any federal agency. If work being performed involves hazardous materials, the Contractor shall procure and maintain any or all of the following coverage, which will be specifically addressed upon review of exposure. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Agreement, including but not limited to, all hazardous materials identified under the Agreement. Hazardous Waste Transportation Coverage The Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials in an amount not less than $1,000,000 per claim limit and provide a valid EPA identification number. 2.26.12 Insurance—Sub-Contractors Contractor shall require all of its Sub-Contractors to provide the aforementioned coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage or policy limits of said Sub-Contractors will be the sole responsibility of the Contractor. 2.26.13 Insurance for Collection of Credit Card Payments The successful Contractor will need to provide proof that they maintain insurance coverage in an amount of not less than $1,000,000 specifically for cyber related crimes relating to the transmission of credit card information over their website that can include but are not limited to criminal activity involving the information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID theft), and electronic fraud. 2.27 Award of Contract Contractor must bid on all items. Partial bids will not be considered. The City also reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. A Contract (the "Agreement") may be awarded by the City Commission. The City reserves the right to execute or not execute, as applicable, a contract with the Bidder(s) that is determined to be in the City's best interests. The City reserves the right to award a contract to more than one Bidder, at the sole and absolute discretion of the in the City. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p. 16 Page 32 of 136 it 3 p.13 Page 29 of 136 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 2.28 Damage to Public or Private Property Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems, vehicles, etc. on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the City. 2.29 Safety The Contractor(s) shall adhere to the Florida Department of Transportation's Uniform manual on Traffic Control for construction and maintenance work zones when working on or near a roadway. It will be the sole responsibility of the Contractor to make themselves and their employees fully aware of these provisions, especially those applicable to safety. 2.30 Uncontrollable Circumstances ("Force Majeure") 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: 2.30.1 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; 2.30.2 The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 2.30.3 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 2.30.4 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. 2.31 Canadian Companies 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. All monetary amounts set forth in this Contract are in United States dollars. 2.32 News Releases/Publicity News releases, publicity releases, or advertisements relating to this contract or the tasks or projects associated with the project shall not be made without prior City approval. 2.33 Approved Equal or Alternative Product Bids- N/A CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.17 Page 33 of 136 7/1/2021 9:01 AM Exhibit 3 p. 16 Page 32 of 136 it 3 p.13 Page 29 of 136 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 2.34 Contract Period The initial contract term shall commence upon date of award by the City and shall expire two years from that date. 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 services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 180 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 2.35 Cost Adjustments Prices quoted shall be firm for the initial contract term of two year(s). No cost increases shall be accepted in this initial contract term. Please consider this when providing pricing for this request for proposal. Thereafter, any extensions which may be approved by the City shall be subject to the following: costs for any extension terms shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) as published by the Bureau of Labor Statistics, U.S. Dep't. of Labor and shall not exceed five percent(5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending 12/31, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date. 2.36 Service Test Period If the Contractor has not previously performed the services to the city, the City reserves the right to require a test period to determine if the Contractor can perform in accordance with the requirements of the contact, and to the City's satisfaction. Such test period can be from thirty to ninety days, and will be conducted under all specifications, terms and conditions contained in the contract. This trial period will then become part of the initial contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City's decision to continue with the Contractor or to select another Contractor(if applicable). 2.37 Contract Coordinator The City may designate a Contract Coordinator whose principal duties shall be: CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p. 18 Page 34 of 136 9:01 AM Exhibit 3 p.17 Page 33 of 136 7/1/2021 9:01 AM Exhibit 3 p. 16 Page 32 of 136 it 3 p.13 Page 29 of 136 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 Liaison with Contractor. Coordinate and approve all work under the contract. Resolve any disputes. Assure consistency and quality of Contractor's performance. Schedule and conduct Contractor performance evaluations and document findings. Review and approve for payment all invoices for work performed or items delivered. 2.38 Contractor Performance Reviews and Ratings The City Contract Coordinator may develop a Contractor performance evaluation report. This report shall be used to periodically review and rate the Contractor's performance under the contract with performance rating as follows: Excellent Far exceeds requirements. Good Exceeds requirements Fair Just meets requirements. Poor Does not meet all requirements and contractor is subject to penalty provisions under the contact. Non-compliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the Contractor subject to the default or cancellation for cause provisions of the contract. The report shall also list all discrepancies found during the review period. The Contractor shall be provided with a copy of the report and may respond in writing if he takes exception to the report or wishes to comment on the report. Contractor performance reviews and subsequent reports will be used in determining the suitability of contract extension. 2.39 Substitution of Personnel- N/A 2.40 Ownership of Work-N/A 2.41 Condition of Trade-In Equipment- N/A 2.42 Conditions of Trade-In Shipment and Purchase Payment- N/A 2.43 Verification of Employment Status Any Contractor/Consultant assigned to perform responsibilities under its contract with a State agency is required to utilize the US Department of Homeland Security's E-Verify system (per Executive Order Number 11-02) to verify the employment eligibility of: (a) all persons employed during the contract term by the Contractor to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the Contractor to perform work pursuant to the contract with the State agency. E-VERIFY Affirmation Statement(Attachment"") should be completed and submitted with Proposer's response to this ITB. 2.44 Service Organization Controls The Contactor should provide a current SSAE 18, SOC 2, Type I report with their proposal. Awarded Contractor will be required to provide an SSAE 18, SOC 2, Type II report annually during the term of this contract. If the Contractor cannot provide the SSAE 18, SOC 2, Type I report at time of proposal submittal, a current SOC 3 report will be accepted. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p. 19 Page 35 of 136 contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City's decision to continue with the Contractor or to select another Contractor(if applicable). 2.37 Contract Coordinator The City may designate a Contract Coordinator whose principal duties shall be: CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p. 18 Page 34 of 136 9:01 AM Exhibit 3 p.17 Page 33 of 136 7/1/2021 9:01 AM Exhibit 3 p. 16 Page 32 of 136 it 3 p.13 Page 29 of 136 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 2.45 Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 2.46 Rules and Submittals of Bids The signer of the bid must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the bid is made without collusion with any other person(s), company or parties submitting a bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the bid has full authority to bind the principal bidder. 2.47 Bid Tabulations/Intent to Award Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation process may be found at: http://www.fortlauderdale.gov/departments/finance/procurement-services/notices- of-intent-to-award. Tabulations of receipt of those parties responding to a formal solicitation may be found at: http://www.fortlauderdale.00v/departments/finance/procurement-services/bid- results, or any interested party may call the Procurement Services Division at 954-828-5933. 2.48 Public Records All bids will become the property of the City. The Bidder's response to the ITB is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public Records Law"). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this ITB and any resulting Contract to be executed for this ITB, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Bidder's response to the ITB purporting to require confidentiality of any portion of the Bidder's response to the ITB, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's response to the ITB constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.20 Page 36 of 136 Page 29 of 136 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 Contractor shall: 1. Keep and maintain public records 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 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 format that is compatible with the information technology systems of the City. 2.49 PCI (Payment Card Industry) Compliance Contractor agrees to comply with all applicable state, federal and international laws, as well as industry best practices, governing the collection, access, use, disclosure, safeguarding and destruction of protected information. Contractor and/or any subcontractor that handles credit card data must be, and remain, PCI compliant under the current standards and will provide documentation confirming compliance upon request by the City of Fort Lauderdale, failure to produce documentation could result in termination of the contract. END OF SECTION CAM 21-0674 7/1/2021 9.01 AM Exhibit 3 p.21 Page 37 of 136 the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's response to the ITB constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.20 Page 36 of 136 Page 29 of 136 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 SECTION III -TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES 1. SCOPE The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (COOP) is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified herein. 2. SPECIFICATIONS AND REQUIREMENTS Product specifications'(as per ANSI/AWWA B300 standard for Hypochlorite latest revision): • Trade name: Hypochlorite Solution, Bleach • Chemical formula: NaOCI • Specific gravity: at 20C -U -1,2 • Molecular weight 7 4.5 • Appearance: Light-yellow to green clear liquid solution Solubility in water: Complete • Freezing Temperature: minus 7C to minus 10C 12% Solution Strength and pH range of 11 to 13 3. Standards Hypochlorite supplied under this contract shall be tested and certified as meeting these specifications and those of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects, It is the responsibility of the Contractor to inform the participating agency that NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification may constitute sufficient grounds for immediate termination of the contract between the participating agency and the Contractor. Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter(GPL) available chlorine (i.e., 12.0 Trade Percent). Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.45 weight percent sodium hydroxide. Sampling and testing shall be in accordance with EPA and AWWA B300 standards and NSF certification must be provided with every delivery. 4. Clean Tank Guarantee At any time during the performance of this Agreement, if any participating agency has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the participating agency within seven (7) days, unless such timeframe is extended by the participating agency. The cleanout should be done in such a manner so that it is done safely with no Joss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the participating agency for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.22 Page 38 of 136 ent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.20 Page 36 of 136 Page 29 of 136 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 buildup in the tanks will be at the sole discretion of the participating agency. When the tank has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium hypochlorite at no cost to the participating agency. Failure of the Contractor to clean out the tank and replace the sodium hypochlorite within seven (7) days after being served notice (or within any extension of this timeframe specified by the participating agency) shall be cause for immediate termination of the sodium hypochlorite supply Agreement between the participating agency and the Contractor. 5. DELIVERY LOCATIONS, SIZE OF TANKS AND ESTIMATED ANNUAL USAGE FOR EACH PARTICIPATING AGENCY. 6. SODIUM HYPOCHLORITE-TANKER LOAD-TOTAL ESTIMATED GALLONS PER YEAR 4,265,500 Two-year Co-op estimated usage : 8,531,000 gallons. SODIUM HYPOCHLORITE- LESS THAN A TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR 100,000 Two-year Co-Op estimated usage : 200,000 gallons. Number Estimated . Annual Agency!Delivery Location of Tank Vie(Gal) Usage Special Note Tanks Gallons City of Fort Lauderdale 3 11,459 170,000 1500 South State Road 7 Fort Lauderdale, FL 33317 City of Cooper City 4 3,000 58,000 11791 SW 49 Street Cooper City, FL 33330 City of Coral Springs 2 8,000 200,000 2" male, plastic Cam- 3800 NW 85th Avenue lock tank fitting Coral Springs, FL 33065 City of Dania Beach 3 1,500 50,000 Plastic cam lock tank 1201 Stirling Road fitting Dania Beach, FL 33004 City of Deerfield Beach 1 6,000 50,000 2" male Cam lock tank 290 Goolsby Blvd fitting Deerfield Beach, FL 33444 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.23 Page 39 of 136 formance of this Agreement, if any participating agency has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the participating agency within seven (7) days, unless such timeframe is extended by the participating agency. The cleanout should be done in such a manner so that it is done safely with no Joss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the participating agency for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.22 Page 38 of 136 ent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.20 Page 36 of 136 Page 29 of 136 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 City of Delray Beach 2 10,000 360,000 2" cam lock tank fittings 200 SW 6th Street Delray Beach, FL 33444 20,000 less than tanker load City of Hallandale Beach 3 2,500 150,000 2" Cam Lock Male PVC 630 NW 2 Street Fitting for tank Hallandale Beach, FL 33009 80,000 Less than tanker load Coral Springs Improvement 3 5,925 106,000 2" cam lock female tank District fitting. 10300 NW 11th Manor Coral Springs, FL 33071 Requires full safety gear when offloading chemicals. Broward County Water and Wastewater Services 3701 North State Road 7 4 7,300 365,000 2" (poly) cam lock tank Lauderdale Lakes, FL 33316 fitting 3598 West Prospect Road 2 450 10,500 Fort Lauderdale, FL 33309 Partial loads 3901 NW 66th Street 2 250 to stations Fort Lauderdale, FL 300 NW 66th Street 2 450 Fort Lauderdale, FL 33309 1390 NE 50th Street 6 14,000 720,000 Pompano Beach, FL 33064 4980 SW 40th Avenue 2 500 Dania Beach, FL 33312 51,000 4550 SW 38th Street 1 350 These will be West Park, FL 33023 partial loads to stations 1600 South Park Road 2 450 3B, 13B9, Hollywood, FL 33021 13B8 1751 SW 57th Avenue 2 450 and 3C Hollywood, FL 33023 2400 SW 67th Avenue 1 1,100 Miramar, FL 33023 2401 North Powerline Road 1 2,000 800,000 Pompano Beach, FL 33069 1 5,000 6 6,000 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.24 Page 40 of 136 290 Goolsby Blvd fitting Deerfield Beach, FL 33444 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.23 Page 39 of 136 formance of this Agreement, if any participating agency has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the participating agency within seven (7) days, unless such timeframe is extended by the participating agency. The cleanout should be done in such a manner so that it is done safely with no Joss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the participating agency for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.22 Page 38 of 136 ent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.20 Page 36 of 136 Page 29 of 136 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 City of Boynton Beach 5469 W Boynton Beach Blvd 2 21,000 520,000 3" cam lock male tank Boynton Beach, FL 33437 fitting 1620 South Seacrest Blvd 1 21,000 3" cam lock male tank Boynton Beach, FL 33435 fitting City of Hollywood 3441 Hollywood Blvd 7 10,000 600,000 2" Cam lock fitting Hollywood, FL 33021 offload hose for tank 2400 N 68th Avenue 2 500 Hollywood, FL 33024 City of Margate 980 NW 66th Avenue 2 7,000 25,000 2" Bonjo female tank Margate, FL 33063 fitting 6630 NW 9th Street 2 8,100 30,000 2" PVC Cam lock male Margate, FL 33063 1 3,000 tank fitting END OF SECTION CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.25 Page 41 of 136 , FL 33309 Partial loads 3901 NW 66th Street 2 250 to stations Fort Lauderdale, FL 300 NW 66th Street 2 450 Fort Lauderdale, FL 33309 1390 NE 50th Street 6 14,000 720,000 Pompano Beach, FL 33064 4980 SW 40th Avenue 2 500 Dania Beach, FL 33312 51,000 4550 SW 38th Street 1 350 These will be West Park, FL 33023 partial loads to stations 1600 South Park Road 2 450 3B, 13B9, Hollywood, FL 33021 13B8 1751 SW 57th Avenue 2 450 and 3C Hollywood, FL 33023 2400 SW 67th Avenue 1 1,100 Miramar, FL 33023 2401 North Powerline Road 1 2,000 800,000 Pompano Beach, FL 33069 1 5,000 6 6,000 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.24 Page 40 of 136 290 Goolsby Blvd fitting Deerfield Beach, FL 33444 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.23 Page 39 of 136 formance of this Agreement, if any participating agency has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the participating agency within seven (7) days, unless such timeframe is extended by the participating agency. The cleanout should be done in such a manner so that it is done safely with no Joss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the participating agency for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.22 Page 38 of 136 ent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.20 Page 36 of 136 Page 29 of 136 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 CITY OF FORT LAUDERDALE GENERAL CONDITIONS These instructions and conditions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division. The City may delete,supersede,or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid(ITB)Special Conditions,Technical Specifications,Instructions,Proposal Pages,Addenda,and Legal Advertisement In this general conditions document,Invitation to Bid(ITB), Request for Qualifications(RFQ),and Request for Proposal(RFP)are interchangeable PART I BIDDER PROPOSAL PAGE(S)CONDITIONS: 1.01 BIDDER ADDRESS The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing service,BidSync. Notices of Invitations to Bid(ITB'S)are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed(if applicable)to every vendor on those lists,who may then view the bid documents online Bidders who have been informed of a bid's availability in any other manner are responsible for registering with BidSync in order to view the bid documents There is no fee for doing so If you wish bid notifications be provided to another e-mail address or fax, please contact BidSync If you wish purchase orders sent to a different address,please so indicate in your bid response If you wish payments sent to a different address,please so indicate on your invoice 1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB The City reserves the right to cancel any orders,or part thereof,without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor,to attach all packing slips to the OUTSIDE of each shipment Packing slips must provide a detailed descnption of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms,unless otherwise stated in this ITB,will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified,whichever occurs last Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award If a Bidder offers a discount,it is understood that the discount time will be computed from the date of satisfactory delivery,at the place of acceptance,and receipt of correct invoice,at the office specified,whichever occurs last. 1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid,such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants,by virtue of bidding,that the bid and the pnces quoted in the bid will be firm for acceptance by the City for a penod of one hundred twenty(120)days from the date of bid opening unless otherwise stated in the ITB. 1.07 VARIANCES: For purposes of bid evaluation,Bidder's must indicate any variances,no matter how slight,from ITB General Conditions,Special Conditions, Specifications or Addenda in the space provided in the ITS No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages If vanances are not stated,or referenced as required,it will be assumed that the product or service fully complies with the City's terms,conditions,and specifications. By receiving a bid,City does not necessanly accept any vanances contained in the bid All vanances submitted are subject to review and approval by the City If any bid contains material vanances that,in the City's sole opinion,make that bid conditional in nature,the City reserves the nght to reject the bid or part of the bid that is declared by the City as conditional 1.08 NO BIDS: If you do not intend to bid please indicate the reason,such as insufficient time to respond,do not offer product or service,unable to meet specifications, schedule would not permit,or any other reason,in the space provided in this ITB Failure to bid or return no bid comments prior to the bid due and opening date and time,Indicated in this ITB,may result in your fine being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITS 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase the participation of Minority Business Enterpnses(MBE),Women Business Enteipnses(WBE),and Small Business Enterpnses(SBE)in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB Minority Business Enterprise(MBE)"A Minority Business"is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons Such disadvantage may arise from cultural,racial,chronic economic circumstances or background or other similar cause Such persons include,but are not limited to Blacks,Hispanics,Asian Americans,and Native Amencans The term"Minority Business Enterprise"means a business at least 51 percent of which is owned by minority group members or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by minority group members For the purpose of the preceding sentence,minority group members are citizens of the United States who include,but are not limited to Blacks,Hispanics,Asian Americans,and Native Americans. Women Business Enterprise(WBE)a"Women Owned or Controlled Business"is a business enterprise at least 51 percent of which is owned by females or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by females Small Business Enterprise(SBE)"Small Business"means a corporation,partnership,sole piopnetorshrp,or other legal entity formed for the purpose of making a profit,which is independently owned and operated,has either fewer than 100 employees or less than$1,000,000 in annual gross receipts BLACK,which includes persons having origins in any of the Black racial groups ofAfnca CAM 21-0674 7/1/2021 9.01 AM Exhibit 3 p.26 Page 42 of 136 City of Fort Lauderdale Bid 12525-312 WHITE,which includes persons whose ongms are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC,which includes persons of Mexican,Puerto Rican,Cuban,Central and South Amencan,or other Spanish culture or origin,regardless of race. NATIVE AMERICAN,which includes persons whose origins are American Indians,Eskimos,Aleuts,or Native Hawaiians ASIAN AMERICAN,which includes persons having origin in any of the original peoples of the Far East,Southeast Asia,the Indian subcontinent,or the Pacific Islands. 1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desire of the City of Fort Lauderdale to increase the participation of minority(MBE)and women-owned(WBE)businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place,it is committed to a policy of equitable participation for these fimis Proposers are requested to include in their proposals a narrative descnbing their past accomplishments and intended actions in this area. If proposers are considering nunority or women owned enterprise participation in their proposal,those finns,and their specific duties have to be identified in the proposal If a proposer is considered for award,he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract 1.11 SCRUTINIZED COMPANIES As to any contract for goods or services of$1 million or more and as to the renewal of any contract for goods or services of$1 million or more,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 Cu 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,and that it does not have business operations in Cuba or Syria,as provided in section 287 135,Florida Statutes(2019),as may be amended or revised As to any contract for goods or services of any amount and as to the renewal of any contract for goods or services of any amount,the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215 4725, Flonda Statutes(2019),and that it is not engaged in a boycott of Israel The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection(5)of section 287 135,Flonda Statutes(2019),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,Flonda Statutes(2019),or is engaged m a boycott of Israel,or has been engaged in business operations in Cuba or Syria,as defined in Section 287 135,Florida Statutes(2019),as may be amended or revised Rev 2/2020 Page 1 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or proposer certifies,by submission of a response to this solicitation,that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency Part II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions,special conditions,technical specifications,instructions to bidders, addenda and any other document used in the bidding process INVITATION TO BID(1TB)The solicitation document used for soliciting competitive sealed bids for goods or services. INVITATION TO NEGOTIATE(ITN)All solicitation documents,regardless of medium,whether attached to or incorporated by reference in solicitations for responses from firms that invite proposals from interested and qualified firms so the city may enter into negotiations with the finn(s)determined most capable of providing the required goods or services REQUEST FOR PROPOSALS(RFP)A solicitation method used for soliciting competitive sealed proposals to determine the best value among proposals for goods or services for which price may not be the prevailing factor in award of the contact,or the scope of work,specifications or contract terms and conditions may be difficult to define.Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal using identified and generally weighted evaluation cnteria.RFPs may include price cntena whenever feasible,at the discretion of the city REQUEST FOR QUALIFICATIONS(RFQ)A solicitation method used for requesting statements of qualifications in order to determine the most qualified proposer for professional services. BID—a pnce and terms quote received in response to an ITB. PROPOSAL—a proposal received in response to an RFP. BIDDER—Person or firm submitting a Bid PROPOSER—Person or firm submitting a Proposal RESPONSIVE BIDDER—A firm who has submitted a bid,offer,quote,or response which conforms in all matenal respects to the competitive solicitation document and all of its requirements RESPONSIBLE BIDDER—A fine who is fully capable of meeting all requirements of the solicitation and subsequent contract The respondent must possess the full capability,including financial and technical,ability,business judgment,experience,qualifications,facilities,equipment,integrity,capability,and reliability,in all respects to perform fully the contract requirements and assure good faith performance as detemuned by the city. FIRST RANKED PROPOSER—That Proposer,responding to a City RFP,whose Proposal is deemed by the City,the most advantageous to the City after applying the evaluation cntena contained in the RFP. SELLER—Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City CONTRACTOR—Any firm having a contract with the city Also referred to as a"Vendor". CONTRACT—All types of agreements,including purchase orders,for procurement of supplies,services,and construction,regardless of what these agreements may be called. CONSULTANT—A firm providing professional services for the city. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.27 Page 43 of 136 employees or less than$1,000,000 in annual gross receipts BLACK,which includes persons having origins in any of the Black racial groups ofAfnca CAM 21-0674 7/1/2021 9.01 AM Exhibit 3 p.26 Page 42 of 136 City of Fort Lauderdale Bid 12525-312 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in vanance or conflict with these General Conditions shall have precedence over these General Conditions If no changes or deletions to General Conditions are made in the Special Conditions,then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration,bids must be received pnor to the bid opening date and time Unless otherwise specified, Bidders should use the proposal forms provided by the City These forms may be duplicated,but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink All information submitted by the Bidder shall be printed,typewntten or filled in with pen and ink Bids shall be signed in ink Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified Only send bids via facsimile transmission(FAX)if the ITB specifically states that bids sent via FAX will be considered If such a statement is not included in the ITB,bids sent via FAX will be rejected. Bids will be publicly opened in the Procurement Office,or other designated area,in the piesence of Bidders,the public,and City staff Bidders and the public are invited and encouraged to attend bid openings Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect,or no longer available and replaced with an updated model with new specifications,the Bidder shall enter the correct model number on the bidder proposal page In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements 3.03 PRICES QUOTED: Deduct trade discounts,and quote firm net pnces Give both unit pnce and extended total In the case of a discrepancy in computing the amount of the bid,the unit pnce quoted will govern All prices quoted shall be F 0 B destination,freight prepaid(Bidder pays and bears freight charges,Bidder owns goods in transit and files any claims),unless otherwise stated in Special Conditions Each item must be bid separately No attempt shall be made to tie any item or items contained in the ITB with any other business with the City 3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Flonda Sales taxes on direct purchase of tangible property Exemption number for EIN is 59-6000319,and State Sales tax exemption number is 85-8013875578C-1. 3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only No warranty or guarantee of quantities is given or implied It is understood that the Contractor will furnish the City's needs as they anse 3.06 APPROVED EQUAL: When the technical specifications call for a brand name,manufacturer,make,model,or vendor catalog number with acceptance of APPROVED EQUAL,it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City In such cases,the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal In that the specified make and model represent a level of quality and features desired by the City,the Bidder must state clearly in the bid any vanance from those specifications It is the Bidder's responsibility to provide adequate information,in the bid,to enable the City to ensure that the bid meets the required cntena If adequate mfomiation is not submitted with the bid,it may be rejected The City will be the sole judge in determuung if the item bid qualifies as an approved equal 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum,mandatory, or iequired. If any Bidder is unable to meet or exceed these items,and feels that the technical specifications are overly restrictive,the bidder must notify the Procurement Services Division immediately Such notification must be received by the Procurement Services Division pnoi to the deadline contained in the ITB,for questions of a material nature,or pnor to five(5)days before bid due and open date,whichever occurs first If no such notification is received pnor to that deadline, the City will consider the technical specifications to be acceptable to all bidders 3.08 MISTAKES: Bidders are cautioned to examine all terms,conditions,specifications,drawings,exhibits,addenda,delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability Unless otherwise specified in Special Conditions,samples shall be requested after the date of bid opening,and if requested should be received by the City within seven(7)working days of request Samples,when requested,must be furnished free of expense to the City and if not used in testing or destroyed,will upon request of the Bidder,be returned within thirty (30)days of bid award at Bidder's expense. When required,the City may request full demonstrations of units pnor to award When such demonstrations are requested,the Bidder shall respond promptly and arrange a demonstration at a convenient location Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid Rev 2/2020 Page 2 3.10 LIFE CYCLE COSTING. If so specified in the ITB,the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing,factors such as the following may be considered. estimated useful life,maintenance costs,cost of supplies,labor intensity,energy usage,environmental impact,and residual value The City reserves the nght to use those or other applicable cntena,in its sole opinion that will most accurately estimate total cost of use and ownership 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns,the City of Fort Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content When submitting bids containing items with recycled content,Bidder shall provide documentation adequate for the City to verify the recycled content The City prefers packaging consisting of matenals that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts,if such action is in its best interest 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein The City reserves the nght to inspect the Bidder's facilities,equipment,personnel,and organization at any time,or to take any other action necessary to determine Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform 3.14 BID SURETY: If Special Conditions require a bid security,it shall be submitted in the amount stated. A bid secunty can be in the form of a bid bond or cashier's check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid secunty will be returned to the successful bidder after acceptance of the performance bond,if required,acceptance of insurance coverage,if required,and full execution of contract documents,if required,or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDS/TRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law,which is subject to disclosure by the City under the State of Florida Public Records Law,Florida Statutes Chapter 119.07("Public Records Law"). The City shall permit public access to all documents,papers,letters or other matenal submitted in connection with this RFP and the Contract to be executed for this RFP,subject to the provisions of Chapter 119 07 of the Florida Statutes Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP,except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Flonda law,shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119 07("Public Records Laws"),the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt The Proposer must specifically identify the exemption being claimed under Flonda Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret The city's determination of whether an exemption applies shall be final,and the proposer agrees to defend,indemnify,and hold harmless the City and the City's officers,employees,and agents,against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records In addition,the proposer agrees to defend,indemnify,and hold harmless the City and the City's officers,employees,and agents,against any loss or damages incurred by any person or entity as a result of the City's treatment of records as exempt from disclosure or confidential Proposals bearing copyright symbols or otherwise purporting to be subject to copyright protection in full or in part may be rejected. The proposer authorizes the City to publish,copy,and reproduce any and all documents submitted to the City beanng copynght symbols or otherwise purporting to be subject to copyright protection. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW,DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials,officers or employees affiliated with it,unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue Bidders must disclose any such affiliation Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids,part of bids,and to waive minor irregularities or variations to specifications contained in bids,and minor irregularities in the bidding process The City also reserves the right to award the contract on a split order basis,lump sum basis,individual item basis,or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms,conditions,and specifications of the ITB and whose bid is considered to best serve the City's interest In determining the responsiveness of the offer and the responsibility of the Bidder,the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required,whether the Bidder can perform promptly,or within the time specified,without delay or interference,the character,mtegnty,reputation,judgment,experience and efficiency of the Bidder,the quality of past performance by the Bidder;the previous and existing compliance by the Bidder with related laws and ordinances;the sufficiency of the Bidder's financial resources,the availability,quality and adaptability of the Bidder's supplies or services to the required use,the ability of the Bidder to provide future maintenance,service or parts,the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period,the City reserves the right,in the event the selected bidder does not perform satisfactorily,to award a trial penod to the next ranked bidder or to award a contract to the next ranked bidder,if that bidder has successfully provided services to the City in the past This procedure to continue until a bidder is selected or the contract is re-bid,at the sole option of the City. 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal,state,county laws,and local ordinances,rules and regulations,shall govern development, submittal and evaluation of all bids received m response hereto and shall govern any and all claims and disputes which may arise between person(s)submitting a bid response hereto and the City by and through its officers,employees and authorized representatives,or any other person,natural or otherwise;and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.19 BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city's procurement ordinance or any applicable law may protest to the chief procurement officer,by delivering a letter of piotest to the director of finance within five(5)days after a notice of intent to award is posted on the city's web site at the following url https://www fortlauderdale gov/departments/fmance/procurement-services/notices- of-intent-to-award The complete protest ordinance may be found on the city's web site at the following url https.//library municode com/fl/fort_lauderdale/codes/code_of ordinances? nodeid=coor_ch2ad_arlfr_div2pr_s2-182direpr PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions,the Contractor shall within fifteen(15)working days after notification of award,furnish to the City a Performance Bond,payable to the City of Fort Lauderdale,Florida,in the face amount specified in Special Conditions as surety for faithful CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.29 Page 45 of 136 City of Fort Lauderdale Bid 12525-312 performance under the terms and conditions of the contract If the bond is on an annual coverage basis,renewal for each succeeding year shall be submitted to the City thirty(30)days prior to the termination date of the existing Performance Bond The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. Rev 2/2020 Page 3 4.02 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract The Contractoi'a insurance is subject to the approval of the City's Risk Manager The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance and shall have no less than thirty(30)days written notice of cancellation or material change Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented Bidder,by submitting the bid,agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 COMPLIANCE WITH SPECIFICATIONS,LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance with bid specifications Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense Any violation resulting in contract termination for cause or delivery of items not confoimung to specifications,or late delivery may also result in - Bidder's name being removed from the City's bidder's mailmg list for a specified penod and Bidder will not be recommended for any award during that period - All City Departments being advised to refrain from doing busmess with the Bidder - All other remedies in law or equity 5.02 ACCEPTANCE,CONDITION,AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the material accepted to the satisfaction of the City The matenal must comply fully with the terns of the ITB,be of the required quality,new, and the latest model All containers shall be suitable for storage and shipment by common tamer,and all prices shall include standard commercial packaging The City will not accept substitutes of any kind. Any substitutes or matenal not meeting specifications will be returned at the Bidder's expense Payment will be made only after City receipt and acceptance of materials or services 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended 5.04 ASBESTOS STATEMENT: All material supplied must be 100%asbestos free. Bidder,by virtue of bidding,certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100%asbestos free. 5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB,the bidder may,if the bidder has sufficient capacity or quantities available,provide to other governmental agencies,so requesting,the products of services awarded in accordance with the terms and conditions of the ITB and resulting contract Prices shall be F 0 B delivered to the requesting agency 5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations,decisions,or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee Only those communications which are in writing from an authorized City representative may be considered Only written communications from Contractors,which are assigned by a person designated as authorized to bind the Contractor,will be recognized by the City as duly authorized expressions on behalf of Contractors 5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor,and not as officers,employees,or agents of the City Personnel policies,tax responsibilities, social secunty,health insurance,employee benefits,procurement policies unless otherwise stated in this ITB,and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor 5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall protect and defend at Contractor's expense,counsel being subject to the City's approval,and indenuufy and hold harmless the City and the City's officers,employees,volunteers,and agents from and against any and all losses,penalties,fines,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 subhcensee of the Contractor Without limiting the foregoing,any and all such claims,suits,or other actions relating to personal injury,death,damage to property,defects in materials or workmanship,actual or alleged violations of any applicable statute,ordinance,administrative order,rule or regulation,or decree of any court shall be included in the indemnity hereunder 5.09 TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and pioper manner its obligations under this Agreement,or if the Contractor shall violate any of the provisions of this Agreement,the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement,or with such part or parts of the Agreement as to which there has been default,and may hold the Contractor liable for any damages caused to the City by reason of such default and termination In the event of such termination,any completed services performed by the Contractor under this Agreement shall,at the option of the City,become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.30 Page 46 of 136 hat are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 the City The Contractor,however,shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined 5.10 TERMINATION FOR CONVENIENCE: The City reserves the nght,in the City's best interest as determined by the City,to cancel any contract by giving written notice to the Contractor thirty(30)days pnor to the effective date of such cancellation 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropnated in a current fiscal penod,and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds,unless otherwise authorized by law. 5.12 RECORDS/AUDIT: 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 The Contractor agrees to make available to the City Auditor or the City Auditor's designee,during normal business hours and in Broward,Miami-Dade or Palm Beach Counties,all books of account,reports,and records relating to this contract The Contractor shall retain all books of account,reports,and records relating to this contract for the duration of the contract and for three years after the final payment under this Agreement,until all pending audits,investigations or litigation matters relating to the contract are closed,or until expiration of the records retention period prescribed by Flonda law or the records retention schedules adopted by the Division of Library and Information Services of the Florida Department of State,whichever is later 5.13 PERMITS,TAXES,LICENSES: The successful Contractor shall,at his/her/its own expense,obtain all necessary permits,pay all licenses,fees and taxes,required to comply with all local ordinances,state and federal laws,rules and regulations applicable to business to be earned out under this contract 5.14 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal,state,local and mumcipal laws,ordinances roles and regulations that would apply to this contract. NON-DISCRIMINATION• The Contractor shall not,in any of its activities,including employment,discriminate against any individual on the basis of race,color, national ongin,age,religion,creed,sex,disability,sexual orientation,gender,gender identity,gender expression,manta)status,or any other protected classification as defined by applicable law. 1. The Contractor certifies and represents that the Contractor will comply with Section 2-187,Code of Ordinances of the City of Fort Lauderdale,Florida,(2019),as may be amended or revised,("Section 2-18T'),dunng the entire term of this Agreement. 2 The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5 The Contractor may be subject to debarment or suspension proceedings.Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Florida Rev.2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 5.18 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the pnor written consent of the City Any award issued pursuant to this ITB,and the monies,which may become due hereunder,are not assignable except with the pnor wntten approval of the City Commission or the City Manager or City Manager's designee,depending on onginal award approval 5.19 GOVERNING LAW;VENUE: The Contract shall be governed by and construed in accordance with the laws of the State of Flonda Venue for any lawsuit by either party against the other party or otherwise arising out of the Contract,and for any othei legal proceedmg,shall be in the courts in and for Biowaid County, Flonda,or in the event of federal jurisdiction,in the Southern Distnct of Flonda. 5.20 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 PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE,FORT LAUDERDALE,FLORIDA 33301. Contractor shall comply with public records laws,and Contractor shall: 1 Keep and maintain public records required by the City 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,Flonda Statutes(2019),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 the contract 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 the 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 the 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 format that is compatible with the information technology systems of the City. Rev 2/2020 Page 5 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.32 Page 48 of 136 tire term of this Agreement. 2 The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5 The Contractor may be subject to debarment or suspension proceedings.Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Florida Rev.2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 NON-COLLUSION STATEMENT: By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion.Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in,the vendor's business,who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers,decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity,or if they otherwise stand to personally gain if the contract is awarded to this vendor. In accordance with City of Fort Lauderdale, FL Policy and Standards Manual,6.10.8.3, 3.3.City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest(e.g.ownership of five(5)percent or more). 3.4.Immediate family members(spouse,parents and children)are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names,the City shall interpret this to mean that the vendor has indicated that no such relationships exist. Authorized Signature Title Name(Printed) Date CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.33 Page 49 of 136 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 the 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 the 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 format that is compatible with the information technology systems of the City. Rev 2/2020 Page 5 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.32 Page 48 of 136 tire term of this Agreement. 2 The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5 The Contractor may be subject to debarment or suspension proceedings.Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Florida Rev.2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 CONTRACT PAYMENT METHOD The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to credit card payments via MasterCard or Visa as part of this program. This allows you as a vendor of the City of Fort Lauderdale to receive your payments fast and safely. No more waiting for checks to be printed and mailed. In accordance with the contract, payments on this contract will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, bidders must presently have the ability to accept these credit cards or take whatever steps necessary to implement acceptance of a card before the start of the contract term, or contract award by the City. All costs associated with the Contractor's participation in this purchasing program shall be borne by the Contractor. The City reserves the right to revise this program as necessary. By signing below you agree with these terms. Please indicate which credit card payment you prefer: Li MasterCard L Visa Company Name Name (Printed) Signature Date Title CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.34 Page 50 of 136 spouse,parents and children)are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names,the City shall interpret this to mean that the vendor has indicated that no such relationships exist. Authorized Signature Title Name(Printed) Date CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.33 Page 49 of 136 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 the 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 the 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 format that is compatible with the information technology systems of the City. Rev 2/2020 Page 5 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.32 Page 48 of 136 tire term of this Agreement. 2 The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5 The Contractor may be subject to debarment or suspension proceedings.Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Florida Rev.2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 BID/PROPOSAL CERTIFICATION Please Note: It is the sole responsibility of the bidder to ensure that his bid is submitted electronically through www.BidSync.com prior to the bid opening date and time listed. Paper bid submittals will not be accepted. 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 http://www.dos.state.fl.us/). Company: (Legal Registration) EIN (Optional): Address: City: State: Zip: Telephone No.: FAX No.: Email: Delivery: Calendar days after receipt of Purchase Order(section 1.02 of General Conditions): Total Bid Discount(section 1.05 of General Conditions): Check box if your firm qualifies for MBE/SBE/WBE(section 1.09 of General Conditions): O 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 N/A.You must also click the"Take Exception"button. 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, CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.35 Page 51 of 136 e Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5 The Contractor may be subject to debarment or suspension proceedings.Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Florida Rev.2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 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 contained in this competitive solicitation. Submitted by: Name(printed) Signature Date Title Revised 4/28/2020 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.36 Page 52 of 136 Page 22 of 136 3 Page 19 of 136 City of Fort Lauderdale Bid 12626-372 Bid #12006-372 - Sodium Hypochlorite (CO-OP) Creation Date Jul 19, 2017 End Date Aug 11, 2017 2:00:00 PM EDT Start Date Jul 21, 2017 4:29:31 PM EDT Awarded Date Not Yet Awarded 12006-372--01-01 Sodium Hypochlorite- Tanker Load Supplier Unit Price Qty/Unit Total Price Attch. Does Allied Universal Corporation[Ad] 'First Offer- $0.498 2157356/gallon $1,074,363.288 Y Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Odyssey Manufacturing Company I (First Offer- $0.522 2157356/gallon $1,126,139.832 I Y I Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Brenntag Mid-South Inc. [Ad] I First Offer- $0.69 2157356/gallon $1,488,575.64 Y Y Product Code: Supplier Product Code: 813540 Agency Notes: Supplier Notes: 12006-372--01-02 Sodium hypochlorite- Less than tanker load Supplier Unit Price Qty/Unit Total Price Attch. Does Allied Universal Corporation[Ad] (First Offer- $0.548 180000/gallon $98,640.00 Y Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Odyssey Manufacturing Company I I First Offer- $0.68 180000/gallon $122,400.00 I Y Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Brenntag Mid-South Inc. [Ad] 11 First Offer- $0.72 180000/gallon $129,600.00 Y Product Code: Supplier Product Code: 813540 Agency Notes: Supplier Notes: Supplier Totals f Allied Universal Corporation [Ad] $1,173,003.288 (2/2 items) Bid Contact Catherine Guillarmod Address 3901 N.W. 115 Ave. CristyM@allieduniversal.com Miami, FL 33178 Ph 305-888-2623 Fax 786-522-0215 Supplier Code 00002648 Agency Notes: Supplier Notes: Head Attch: f Odyssey Manufacturing Company $1,248,539.832 (2/2 items) Bid Contact Patrick Allman Address 1484 Massaro Blvd. pallman@odysseymanufacturing.com Tampa, FL 33619 Ph 813-635-0339 Fax 813-630-2589 Agency Notes: Supplier Notes: Head Attch: l� Brenntag Mid-South Inc. [Ad] $1,618,175.64 (2/2 items) Bid Contact Stephanie Ubach Address 250 Central Florida Parkway subach@brenntag.com Orlando, FL 32824 Ph 800-876-1727 CAM 21-0674 8/1/202179:01 AM BidSync Exhibit 3 pp37 Page 53 of 136 s liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.35 Page 51 of 136 e Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5 The Contractor may be subject to debarment or suspension proceedings.Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Florida Rev.2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12606-372 Fax 407-851-3512 Agency Notes: Supplier Notes: Head Attch: ** CAM 21-0674 8/1A200179:01 AM BidSync Exhibit 3 pp3m Page 54 of 136 Dollars ($500.00). This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Name(printed) Signature Date Title Revised 4/28/2020 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.36 Page 52 of 136 Page 22 of 136 3 Page 19 of 136 City of Fort Lauderdale Bid 12525-312 Question and Answers for Bid #12525-312-Sodium Hypochlorite (CO-OP) Overall Bid Questions Question 1 Can you post the last bid tab?(Submitted:Jun 11,2021 1:23:32 PM EDT) Answer -Last bid tab added.(Answered:jun 11,2021 3:27:16 PM EDT) CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.39 Page 55 of 136 inance contained in this competitive solicitation. Submitted by: Name(printed) Signature Date Title Revised 4/28/2020 CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.36 Page 52 of 136 Page 22 of 136 3 Page 19 of 136 City of Fort Lauderdale EXHIBIT B 12525-312 Allied Universal Corporation Bid Contact Catherine Guillarmod Address 3901 N.W.115 Ave. bids@allieduniversal.com Miami,FL 33178 Ph 305-888-2623 Fax 786-522-0215 Supplier Code 00002648 Item# Line Item Notes Unit Price Qty/Unit Attch. Docs 12525-312-01-01 Sodium Hypochlorite-Tanker Supplier Product First Offer- $0.718 1 /gallon $0.718 Y Y Load Code: 12525-312--01-02 Sodium hypochlorite-Less Supplier Product First Offer- $0.78 1 /gallon $0.78 Y than tanker load Code: Supplier Total $1.498 CAM 21-0674 7/1/2021 BidSync Exhibit 3 P.3 Page 56 of 136 City of Fort Lauderdale 12525-312 Allied Universal Corporation Item: Sodium Hypochlorite-Tanker Load Attachments , t�rr x Bid 12525-312-Sodium Hypochlorite CO-OP_AlliedUniversalCorp..pdf CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.4 Page 57 of 136 s 12525-312-01-01 Sodium Hypochlorite-Tanker Supplier Product First Offer- $0.718 1 /gallon $0.718 Y Y Load Code: 12525-312--01-02 Sodium hypochlorite-Less Supplier Product First Offer- $0.78 1 /gallon $0.78 Y than tanker load Code: Supplier Total $1.498 CAM 21-0674 7/1/2021 BidSync Exhibit 3 P.3 Page 56 of 136 City of Fort Lauderdale Bid 12525-312 Solicitation 12525-312 Sodium Hypochlorite (CO-OP) Bid Designation: Public CITY OF FORT LAUDERDALE City of Fort Lauderdale CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.8 Page 58 of 136 2525-312-01-01 Sodium Hypochlorite-Tanker Supplier Product First Offer- $0.718 1 /gallon $0.718 Y Y Load Code: 12525-312--01-02 Sodium hypochlorite-Less Supplier Product First Offer- $0.78 1 /gallon $0.78 Y than tanker load Code: Supplier Total $1.498 CAM 21-0674 7/1/2021 BidSync Exhibit 3 P.3 Page 56 of 136 City of Fort Lauderdale Bid 12525-312 Bid 12525-312 Sodium Hypochlorite (CO-OP) Bid Number 12525-312 Bid Title Sodium Hypochlorite(CO-OP) Bid Start Date Jun 8,2021 4:12:09 PM EDT Bid End Date Jun 25,2021 2:00:00 PM EDT Question& Jun 21,2021 5:00:00 PM EDT Answer End Date Bid Contact Stefan S Mohammed Senior Procurement Specialist Finance 954-828-5351 smohammed@fortlauderdale.gov Contract Duration 2 years Contract Renewal 2 annual renewals Prices Good for 120 days Bid Comments The City of Fort Lauderdale,as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group(Co-Op)is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified herein. Item Response Form Item 12525-312-01-01-Sodium Hypochlorite-Tanker Load Quantity 1 gallon Unit Price $0.718/gl Delivery Location City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty1 Description Based on past usage,the co-op anticipates usage of 8,531,000 gallons for the two year contract. However past usage is not indicative of future usage. Item 12525-312-01-02-Sodium hypochlorite-Less than tanker load Quantity 1 gallon Unit Price $0.78/gl CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p. Page 59 of 136 ffer- $0.72 180000/gallon $129,600.00 Y Product Code: Supplier Product Code: 813540 Agency Notes: Supplier Notes: Supplier Totals f Allied Universal Corporation [Ad] $1,173,003.288 (2/2 items) Bid Contact Catherine Guillarmod Address 3901 N.W. 115 Ave. CristyM@allieduniversal.com Miami, FL 33178 Ph 305-888-2623 Fax 786-522-0215 Supplier Code 00002648 Agency Notes: Supplier Notes: Head Attch: f Odyssey Manufacturing Company $1,248,539.832 (2/2 items) Bid Contact Patrick Allman Address 1484 Massaro Blvd. pallman@odysseymanufacturing.com Tampa, FL 33619 Ph 813-635-0339 Fax 813-630-2589 Agency Notes: Supplier Notes: Head Attch: l� Brenntag Mid-South Inc. [Ad] $1,618,175.64 (2/2 items) Bid Contact Stephanie Ubach Address 250 Central Florida Parkway subach@brenntag.com Orlando, FL 32824 Ph 800-876-1727 CAM 21-0674 8/1/202179:01 AM BidSync Exhibit 3 pp37 Page 53 of 136 s liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.35 Page 51 of 136 e Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5 The Contractor may be subject to debarment or suspension proceedings.Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Florida Rev.2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 Delivery Location City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty 1 Description Based on past usage,the Co-op anticipates usage of 200,000 gallons for a two year term,however past usage is not indicative of future usage. CAM 21-0674 S/8/2021 2:13 PM BidSync Exhibit 3 P.3 Page 60 of 136 ad Code: 12525-312--01-02 Sodium hypochlorite-Less Supplier Product First Offer- $0.78 1 /gallon $0.78 Y than tanker load Code: Supplier Total $1.498 CAM 21-0674 7/1/2021 BidSync Exhibit 3 P.3 Page 56 of 136 City of Fort Lauderdale Bid 12525-312 .v\1ANEA:STFLO.o, cap,G SOUTHEAST FLORIDA GOVERNMENTAL Nitt, PURCHASING COOPERATIVE GROUP TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative Group. For the past several years, approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative Group was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Group Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency". All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s)shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative Group are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative Group members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative Group members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.8 Page 61 of 136 CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 City of Fort Lauderdale Sodium Hypochlorite (CO-OP) ITB 12525-312 SECTION I— INTRODUCTION AND INFORMATION 1.1 Purpose The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium Hypochlorite for the City, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (ITB). 1.2 BidSync The City of Fort Lauderdale uses BidSync (www.bidsync.com) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the ITB from BidSync. Proposers are strongly encouraged to read the various vendor Guides and Tutorials available in BidSync well in advance of their intention of submitting a proposal to ensure familiarity with the use of BidSync. The City shall not be responsible for a Proposers inability to submit a Proposal by the end date and time for any reason, including issues arising from the use of BidSync. It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically through BidSync at www.bidsync.com no later than the time and date specified in this solicitation. PAPER BID SUBMITTALS WILL NOT BE ACCEPTED. BIDS MUST BE SUBMITTED ELECTRONICALLY VIA WWW.BIDSYNC.COM. 1.3 Electronic Bid Openings Please be advised that effective immediately, and until further notice, all Invitation to Bids, Request For Proposals, Request For Qualifications, and other solicitations led by the City of Fort Lauderdale will be opened electronically via BIDSYNC.COM at the date and time indicated on the solicitation. All openings will be held on the BIDSYNC.COM platform. Anyone requesting assistance or having further inquiry in this matter must contact the Procurement Specialist indicated on the solicitation, via the Question and Answer forum on Bidsync.com before the Last Day for Questions indicated in the Solicitation. 1.4 Point of Contact For information concerning procedures for responding to this solicitation, contact Procurement Specialist, Stefan Mohammed, at (954) 828-5351 or email at SMohammed@fortlauderdale.gov. Such contact shall be for clarification purposes only. For information concerning technical specifications, please utilize the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the cut-off date specified in the ITB schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of BidSync Site). Bidders please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in BidSync shall become part of any contract that is created from this ITB. CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.9 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 1.5 Pre-bid Conference and/or Site Visit There will not be a pre-bid conference or site visit for this ITB. It will be the sole responsibility of the Bidder to become familiar with the scope of the City's requirements and systems prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. END OF SECTION CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 pp16 Page 63 of 136 021 BidSync Exhibit 3 P.3 Page 56 of 136 City of Fort Lauderdale Bid 12525-312 SECTION II -SPECIAL TERMS AND CONDITIONS 2.1 General Conditions ITB General Conditions (Form G-107, Rev. 09/20) are included and made a part of this ITB. 2.2 Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Procurement Specialist utilizing the question / answer feature provided by BidSync and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer(Q &A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question / answer feature provided by BidSync and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by official written addendum issued by the City and uploaded to BidSync as a separate addendum to the ITB. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 2.3 Changes and Alterations Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the Bid deadline. 2.4 Bidder's Costs The City shall not be liable for any costs incurred by Bidders in responding to this ITB. 2.5 Pricing/Delivery Delivery is required within two business days after receipt of purchase order. Failure to meet this delivery date may be deemed as non-responsive. All deliveries are to be shipped F.O.B. Destination, Freight included. Failure to provide costs as requested in this ITB may deem your bid non-responsive. All work is to be performed during normal working hours unless requested otherwise by the participating agency. Contractor must provide name and contact information as references for facilities that have been provided the same or similar products and service. City of Hallandale delivery instructions- delivery during daylight hour only. Coral Springs Improvement District special delivery requirements- full safety gear when offloading chemicals. 2.6 Price Validity Prices provided in this Invitation to bid (ITB) shall be valid for at least One-Hundred and Twenty (120) days from time of ITB opening unless otherwise extended and agreed upon by the City and Bidder. The City shall award contract within this time period or shall request to the recommended awarded vendor an extension to hold pricing, until products/services have been awarded. CAM 21-0674 63/3/2021 2:13 PM BidSync Exhibit 3 pp17 Page 64 of 136 with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in BidSync shall become part of any contract that is created from this ITB. CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.9 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 pp18 Page 65 of 136 t will be the sole responsibility of the Bidder to become familiar with the scope of the City's requirements and systems prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. END OF SECTION CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 pp16 Page 63 of 136 021 BidSync Exhibit 3 P.3 Page 56 of 136 City of Fort Lauderdale Bid 12525-312 2.7 Invoices/Payment Payment terms will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last, in accordance with the Florida Local Government Prompt Payment Act. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. 2.8 Related Expenses/Travel Expenses All costs including travel are to be included in your bid. The City will not accept any additional costs. 2.9 Payment Method The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks to be printed and mailed. Payments will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card payment or take whatever steps necessary to implement acceptance of a credit card before the commencement of a contract. See Contract Payment Method form attached. 2.10 Mistakes The Bidder shall examine this ITB carefully. The submission of a bid shall be prima facie evidence that the Bidder has full knowledge of the scope, nature, and quality of the work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed. Ignorance of the requirements will not relieve the Bidder from liability and obligations under the Contract. 2.11 Acceptance of Bids/ Minor Irregularities 2.11.1 The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variances to specifications contained in bids which do not make the bid conditional in nature and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a bidder an advantage or benefit not enjoyed by other bidders, does not adversely impact the interests of other firms or, does not affect the fundamental fairness of the solicitation process. The City also reserves the right to reissue an ITB. 2.11.2 The City reserves the right to disqualify Bidder during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Bidder. 2.12 Modification of Services 2.12.1 While this contract is for services provided to the department referenced in this ITB, the City may require similar work for other City departments. Successful Bidder agrees to take on such work unless such work would not be considered reasonable or become an undue burden to the Successful Bidder. 2.12.2 The City reserves the right to delete any portion of the work at any time without cause, and if such right is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished and approved by the CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 pp19 Page 66 of 136 Exhibit 3 p.9 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 City on any portion of a contract resulting from this ITB, the Successful Bidder shall be paid for the work completed on the basis of the estimated percentage of completion of such portion to the total project cost. 2.12.3 The City may require additional items or services of a similar nature, but not specifically listed in the contract. The Successful Bidder agrees to provide such items or services and shall provide the City prices on such additional items or services. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items or services from other vendors, or to cancel the contract upon giving the Successful Bidder thirty (30) days written notice. 2.12.4 If the Successful Bidder and the City agree on modifications or revisions to the task elements, after the City has approved work to begin on a particular task or project, and a budget has been established for that task or project, the Successful Bidder will submit a revised budget to the City for approval prior to proceeding with the work. 2.13 No Exclusive Contract Bidder agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City's sole option. 2.14 Sample Contract Agreement A sample of the formal agreement template, which may be required to be executed by the awarded vendor can be found at our website: https://www.fortlauderdale.gov/home/showdocument?id=1212 2.15 Responsiveness In order to be considered responsive to the solicitation, the firm's bid shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance. 2.16 Responsibility In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 2.17 Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Bidder must demonstrate that they have successfully completed services, as specified in the Technical Specifications / Scope of Services section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed to perform such work. In addition, the Bidder must have no conflict of interest with regard to any other work performed by the Bidder for the City of Fort Lauderdale. 2.17.1 Firm or principals shall have no record of judgments, pending lawsuits against the City or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the City Commission. CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.18 Page 67 of 136 if such right is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished and approved by the CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 pp19 Page 66 of 136 Exhibit 3 p.9 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 2.17.2 Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. 2.18 Lobbying Activities ALL CONTRACTORS PLEASE NOTE: Any contractor submitting a response to this solicitation must comply, if applicable, with City of Fort Lauderdale Ordinance No. C-11-42 & Resolution No. 07-101, Lobbying Activities. Copies of Ordinance No. C-11-42 and Resolution No. 07-101 may be obtained from the City Clerk's Office on the 7th Floor of City Hall, 100 N. Andrews Avenue, Fort Lauderdale, Florida. The ordinance may also be viewed on the City's website at http://www.fortlauderdale.00v/home/showdocument?id=6036. 2.19 Local Business Preference- N/A 2.20 Disadvantaged Business Enterprise Preference- N/A 2.21 Protest Procedure 2.21.1 Any Bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city's procurement ordinance or any applicable law, may follow the protest procedure as found in the city's procurement ordinance within five (5) days after a notice of intent to award is posted on the city's web site at the following link: http://www.fortlauderdale.00v/departments/finance/procurement-services/notices- of-intent-to-award. 2.21.2 The complete protest ordinance may be found on the city's web site at the following link: https://librarv.municode.com/fl/fort lauderdale/codes/code of ordinances?nodel d=COOR CH2AD ARTVFI DIV2PR S2-182DIREPR 2.22 Public Entity Crimes Bidder, by submitting a bid, certifies that neither the Bidder nor any of the Bidder's principals has been placed on the convicted vendor list as defined in Section 287.133, Florida Statutes (2018), as may be amended or revised. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 2.23 Sub-Contractors 2.23.1 If the Contractor proposes to use sub-contractors in the course of providing these services to the City, this information shall be a part of the bid response. Such information shall be subject to review, acceptance and approval of the City, prior to any contract award. The City reserves the right to approve or disapprove of any sub- contractor candidate in its best interest and to require Contractor to replace sub- contractor with one that meets City approval. CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.15 Page 68 of 136 ally planned. If work has already been accomplished and approved by the CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 pp19 Page 66 of 136 Exhibit 3 p.9 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 2.23.2 Contractor shall ensure that all of Contractor's sub-contractors perform in accordance with the terms and conditions of this Contract. Contractor shall be fully responsible for all of Contractor's sub-contractors' performance, and liable for any of Contractor's sub- contractor's non-performance and all of Contractor's sub-contractors' acts and omissions. Contractor shall defend, at Contractor's expense, counsel being subject to the City's approval or disapproval, and indemnify and hold harmless the City and the City's officers, employees, and agents from and against any claim, lawsuit, third-party action, or judgment, including any award of attorney fees and any award of costs, by or in favor of any Contractor's sub-contractors for payment for work performed for the City. 2.23.3 Contractor shall require all of its sub-contractors to provide the required insurance coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage or policy limits of said sub-contractors will be the sole responsibility of the Contractor. 2.24 Bid Security- N/A 2.25 Payment and Performance Bond- N/A 2.26 Insurance Requirements 2.26.1 As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at the Contractor's sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor's insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under this Agreement. All insurance policies shall be from insurers authorized to write insurance policies in the State of Florida and that possess an A.M. Best rating of "A-" VII or better. All insurance policies are subject to approval by the City's Risk Manager. 2.26.2 The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. 2.26.3 The following insurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury • $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations CAM 21-0674 8/3/2021 2:13 PM BidSync Exhibit 3 p.19 Page 69 of 136 Sync Exhibit 3 pp19 Page 66 of 136 Exhibit 3 p.9 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 Policy must include coverage for Contractual Liability and Independent Contractors. The City and the City's officers, employees, and volunteers are to be covered as additional insureds with a CG 20 26 04 13 Additional Insured — Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City or the City's officers, employees, and volunteers. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City 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. The Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier waives, all subrogation rights against the City and the City's officers, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act and the Jones Act, if applicable. 2.26.4 Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Agreement. b. The Contractor shall provide to the City a Certificate of Insurance having a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, 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 certificate holder. d. In the event the Agreement term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Agreement until this requirement is met. e. The Certificate of Insurance shall indicate whether coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.13 Page 70 of 136 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior. f. The City shall be named as an Additional Insured on the general liability policy. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The title of the Agreement, Bid/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance. The Certificate Holder should read as follows: City of Fort Lauderdale Procurement Services Division 100 N. Andrews Avenue Fort Lauderdale, FL 33301 2.26.5 The Contractor has the sole responsibility for the payment of all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. 2.26.6 If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. 2.26.7 The Contractor's insurance coverage shall be primary insurance as applied to the City and the City's officers, employees, and volunteers. Any insurance or self-insurance maintained by the City covering the City, the City's officers, employees, or volunteers shall be non-contributory. 2.26.8 Any exclusion or provision in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Agreement shall be unacceptable and shall be considered breach of contract. 2.26.9 All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Agreement. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. 2.26.10The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical. 2.26.11It is the Contractor's responsibility to ensure that any and all of the Contractor's independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.14 Page 71 of 136 e. The Certificate of Insurance shall indicate whether coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.13 Page 70 of 136 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 OPTIONAL COVERAGES CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p. 19 Page 72 of 136 lity of the Bidder to become familiar with the scope of the City's requirements and systems prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. END OF SECTION CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 pp16 Page 63 of 136 021 BidSync Exhibit 3 P.3 Page 56 of 136 City of Fort Lauderdale Bid 12525-312 Pollution and Remediation Legal Liability (Hazardous Materials) For the purpose of this section, the term "hazardous materials" includes all materials and substances that are designated or defined as hazardous by Florida or federal law or by the rules or regulations of Florida or any federal agency. If work being performed involves hazardous materials, the Contractor shall procure and maintain any or all of the following coverage, which will be specifically addressed upon review of exposure. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Agreement, including but not limited to, all hazardous materials identified under the Agreement. Hazardous Waste Transportation Coverage The Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials in an amount not less than $1,000,000 per claim limit and provide a valid EPA identification number. 2.26.12 Insurance—Sub-Contractors Contractor shall require all of its Sub-Contractors to provide the aforementioned coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage or policy limits of said Sub-Contractors will be the sole responsibility of the Contractor. 2.26.13 Insurance for Collection of Credit Card Payments The successful Contractor will need to provide proof that they maintain insurance coverage in an amount of not less than $1,000,000 specifically for cyber related crimes relating to the transmission of credit card information over their website that can include but are not limited to criminal activity involving the information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID theft), and electronic fraud. 2.27 Award of Contract Contractor must bid on all items. Partial bids will not be considered. The City also reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. A Contract (the "Agreement") may be awarded by the City Commission. The City reserves the right to execute or not execute, as applicable, a contract with the Bidder(s) that is determined to be in the City's best interests. The City reserves the right to award a contract to more than one Bidder, at the sole and absolute discretion of the in the City. CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.26 Page 73 of 136 2021 2:13 PM BidSync Exhibit 3 p.13 Page 70 of 136 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 2.28 Damage to Public or Private Property Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems, vehicles, etc. on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the City. 2.29 Safety The Contractor(s) shall adhere to the Florida Department of Transportation's Uniform manual on Traffic Control for construction and maintenance work zones when working on or near a roadway. It will be the sole responsibility of the Contractor to make themselves and their employees fully aware of these provisions, especially those applicable to safety. 2.30 Uncontrollable Circumstances ("Force Majeure") 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: 2.30.1 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; 2.30.2 The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 2.30.3 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 2.30.4 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. 2.31 Canadian Companies 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. All monetary amounts set forth in this Contract are in United States dollars. 2.32 News Releases/Publicity News releases, publicity releases, or advertisements relating to this contract or the tasks or projects associated with the project shall not be made without prior City approval. 2.33 Approved Equal or Alternative Product Bids- N/A CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.27 Page 74 of 136 3 p.26 Page 73 of 136 2021 2:13 PM BidSync Exhibit 3 p.13 Page 70 of 136 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 2.34 Contract Period The initial contract term shall commence upon date of award by the City and shall expire two years from that date. 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 services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 180 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 2.35 Cost Adjustments Prices quoted shall be firm for the initial contract term of two year(s). No cost increases shall be accepted in this initial contract term. Please consider this when providing pricing for this request for proposal. Thereafter, any extensions which may be approved by the City shall be subject to the following: costs for any extension terms shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) as published by the Bureau of Labor Statistics, U.S. Dep't. of Labor and shall not exceed five percent(5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending 12/31, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date. 2.36 Service Test Period If the Contractor has not previously performed the services to the city, the City reserves the right to require a test period to determine if the Contractor can perform in accordance with the requirements of the contact, and to the City's satisfaction. Such test period can be from thirty to ninety days, and will be conducted under all specifications, terms and conditions contained in the contract. This trial period will then become part of the initial contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City's decision to continue with the Contractor or to select another Contractor(if applicable). 2.37 Contract Coordinator The City may designate a Contract Coordinator whose principal duties shall be: CAM 21-0674 6/3/2021 2:13 PM BidSync Exhibit 3 p.28 Page 75 of 136 74 8/8/2021 2:13 PM BidSync Exhibit 3 p.27 Page 74 of 136 3 p.26 Page 73 of 136 2021 2:13 PM BidSync Exhibit 3 p.13 Page 70 of 136 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 Liaison with Contractor. Coordinate and approve all work under the contract. Resolve any disputes. Assure consistency and quality of Contractor's performance. Schedule and conduct Contractor performance evaluations and document findings. Review and approve for payment all invoices for work performed or items delivered. 2.38 Contractor Performance Reviews and Ratings The City Contract Coordinator may develop a Contractor performance evaluation report. This report shall be used to periodically review and rate the Contractor's performance under the contract with performance rating as follows: Excellent Far exceeds requirements. Good Exceeds requirements Fair Just meets requirements. Poor Does not meet all requirements and contractor is subject to penalty provisions under the contact. Non-compliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the Contractor subject to the default or cancellation for cause provisions of the contract. The report shall also list all discrepancies found during the review period. The Contractor shall be provided with a copy of the report and may respond in writing if he takes exception to the report or wishes to comment on the report. Contractor performance reviews and subsequent reports will be used in determining the suitability of contract extension. 2.39 Substitution of Personnel- N/A 2.40 Ownership of Work- N/A 2.41 Condition of Trade-In Equipment- N/A 2.42 Conditions of Trade-In Shipment and Purchase Payment- N/A 2.43 Verification of Employment Status Any Contractor/Consultant assigned to perform responsibilities under its contract with a State agency is required to utilize the US Department of Homeland Security's E-Verify system (per Executive Order Number 11-02) to verify the employment eligibility of: (a) all persons employed during the contract term by the Contractor to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the Contractor to perform work pursuant to the contract with the State agency. E-VERIFY Affirmation Statement(Attachment " ") should be completed and submitted with Proposer's response to this ITB. 2.44 Service Organization Controls The Contactor should provide a current SSAE 18, SOC 2, Type I report with their proposal. Awarded Contractor will be required to provide an SSAE 18, SOC 2, Type II report annually during the term of this contract. If the Contractor cannot provide the SSAE 18, SOC 2, Type I report at time of proposal submittal, a current SOC 3 report will be accepted. CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.29 Page 76 of 136 contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City's decision to continue with the Contractor or to select another Contractor(if applicable). 2.37 Contract Coordinator The City may designate a Contract Coordinator whose principal duties shall be: CAM 21-0674 6/3/2021 2:13 PM BidSync Exhibit 3 p.28 Page 75 of 136 74 8/8/2021 2:13 PM BidSync Exhibit 3 p.27 Page 74 of 136 3 p.26 Page 73 of 136 2021 2:13 PM BidSync Exhibit 3 p.13 Page 70 of 136 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 2.45 Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 2.46 Rules and Submittals of Bids The signer of the bid must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the bid is made without collusion with any other person(s), company or parties submitting a bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the bid has full authority to bind the principal bidder. 2.47 Bid Tabulations/Intent to Award Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation process may be found at: htto://www.fortlauderdale.gov/departments/finance/procurement-services/notices- of-intent-to-award. Tabulations of receipt of those parties responding to a formal solicitation may be found at: http://www.fortlauderdale.gov/departments/finance/procurement-services/bid- results, or any interested party may call the Procurement Services Division at 954-828-5933. 2.48 Public Records All bids will become the property of the City. The Bidder's response to the ITB is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public Records Law"). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this ITB and any resulting Contract to be executed for this ITB, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Bidder's response to the ITB purporting to require confidentiality of any portion of the Bidder's response to the ITB, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's response to the ITB constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACTaFORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.20 Page 77 of 136 p.13 Page 70 of 136 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 Contractor shall: 1. Keep and maintain public records 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 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 format that is compatible with the information technology systems of the City. 2.49 PCI (Payment Card Industry) Compliance Contractor agrees to comply with all applicable state, federal and international laws, as well as industry best practices, governing the collection, access, use, disclosure, safeguarding and destruction of protected information. Contractor and/or any subcontractor that handles credit card data must be, and remain, PCI compliant under the current standards and will provide documentation confirming compliance upon request by the City of Fort Lauderdale, failure to produce documentation could result in termination of the contract. END OF SECTION CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.25 Page 78 of 136 exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's response to the ITB constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACTaFORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.20 Page 77 of 136 p.13 Page 70 of 136 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 SECTION III -TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES 1. SCOPE The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (COOP) is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified herein. 2. SPECIFICATIONS AND REQUIREMENTS Product specifications'(as per ANSI/AWWA B300 standard for Hypochlorite latest revision): • Trade name: Hypochlorite Solution, Bleach • Chemical formula: NaOCI • Specific gravity: at 20C-U -1,2 • Molecular weight 7 4.5 • Appearance: Light-yellow to green clear liquid solution Solubility in water: Complete • Freezing Temperature: minus 7C to minus 10C 12% Solution Strength and pH range of 11 to 13 3. Standards Hypochlorite supplied under this contract shall be tested and certified as meeting these specifications and those of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects, It is the responsibility of the Contractor to inform the participating agency that NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification may constitute sufficient grounds for immediate termination of the contract between the participating agency and the Contractor. Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter(GPL) available chlorine (i.e., 12.0 Trade Percent). Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.45 weight percent sodium hydroxide. Sampling and testing shall be in accordance with EPA and AWWA B300 standards and NSF certification must be provided with every delivery. 4. Clean Tank Guarantee At any time during the performance of this Agreement, if any participating agency has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the participating agency within seven (7) days, unless such timeframe is extended by the participating agency. The cleanout should be done in such a manner so that it is done safely with no Joss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the participating agency for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.2e Page 79 of 136 yees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACTaFORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.20 Page 77 of 136 p.13 Page 70 of 136 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 buildup in the tanks will be at the sole discretion of the participating agency. When the tank has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium hypochlorite at no cost to the participating agency. Failure of the Contractor to clean out the tank and replace the sodium hypochlorite within seven (7) days after being served notice (or within any extension of this timeframe specified by the participating agency) shall be cause for immediate termination of the sodium hypochlorite supply Agreement between the participating agency and the Contractor. 5. DELIVERY LOCATIONS, SIZE OF TANKS AND ESTIMATED ANNUAL USAGE FOR EACH PARTICIPATING AGENCY. 6. SODIUM HYPOCHLORITE-TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR 4,265,500 Two-year Co-op estimated usage : 8,531,000 gallons. SODIUM HYPOCHLORITE- LESS THAN A TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR 100,000 Two-year Co-Op estimated usage : 200,000 gallons. Number Estimated Annual Agency/Delivery Location of Tank Size(Gal) Usage Special Note Tanks Gallons City of Fort Lauderdale 3 11,459 170,000 1500 South State Road 7 Fort Lauderdale, FL 33317 City of Cooper City 4 3,000 58,000 11791 SW 49 Street Cooper City, FL 33330 City of Coral Springs 2 8,000 200,000 2" male, plastic Cam- 3800 NW 85th Avenue lock tank fitting Coral Springs, FL 33065 City of Dania Beach 3 1,500 50,000 Plastic cam lock tank 1201 Stirling Road fitting Dania Beach, FL 33004 City of Deerfield Beach 1 6,000 50,000 2" male Cam lock tank 290 Goolsby Blvd fitting Deerfield Beach, FL 33444 CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.23 Page 80 of 136 arantee At any time during the performance of this Agreement, if any participating agency has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the participating agency within seven (7) days, unless such timeframe is extended by the participating agency. The cleanout should be done in such a manner so that it is done safely with no Joss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the participating agency for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.2e Page 79 of 136 yees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACTaFORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.20 Page 77 of 136 p.13 Page 70 of 136 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 City of Delray Beach 2 10,000 360,000 2" cam lock tank fittings 200 SW 6th Street Delray Beach, FL 33444 20,000 less than tanker load City of Hallandale Beach 3 2,500 150,000 2" Cam Lock Male PVC 630 NW 2 Street Fitting for tank Hallandale Beach, FL 33009 80,000 Less than tanker load Coral Springs Improvement 3 5,925 106,000 2" cam lock female tank District fitting. 10300 NW 11th Manor Coral Springs, FL 33071 Requires full safety gear when offloading chemicals. Broward County Water and Wastewater Services 3701 North State Road 7 4 7,300 365,000 2" (poly) cam lock tank Lauderdale Lakes, FL 33316 fitting 3598 West Prospect Road 2 450 10,500 Fort Lauderdale, FL 33309 Partial loads 3901 NW 66th Street 2 250 to stations Fort Lauderdale, FL 300 NW 66th Street 2 450 Fort Lauderdale, FL 33309 1390 NE 50th Street 6 14,000 720,000 Pompano Beach, FL 33064 4980 SW 40th Avenue 2 500 Dania Beach, FL 33312 51,000 4550 SW 38th Street 1 350 These will be West Park, FL 33023 partial loads to stations 1600 South Park Road 2 450 3B, 13B9, Hollywood, FL 33021 13B8 1751 SW 57th Avenue 2 450 and 3C Hollywood, FL 33023 2400 SW 67th Avenue 1 1,100 Miramar, FL 33023 2401 North Powerline Road 1 2,000 800,000 Pompano Beach, FL 33069 1 5,000 6 6,000 CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.28 Page 81 of 136 arantee At any time during the performance of this Agreement, if any participating agency has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the participating agency within seven (7) days, unless such timeframe is extended by the participating agency. The cleanout should be done in such a manner so that it is done safely with no Joss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the participating agency for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.2e Page 79 of 136 yees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACTaFORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.20 Page 77 of 136 p.13 Page 70 of 136 Page 62 of 136 STANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1 The contract can be canceled by the City upon giving thirty(30)days wntten notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained m the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract temr then in effect. 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the nght to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,prior to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or matenals covered by letters,patent or copynght,rt is mutually agreed and understood without exception that the bid pnces shall include any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 City of Boynton Beach 5469 W Boynton Beach Blvd 2 21,000 520,000 3" cam lock male tank Boynton Beach, FL 33437 fitting 1620 South Seacrest Blvd 1 21,000 3" cam lock male tank Boynton Beach, FL 33435 fitting City of Hollywood 3441 Hollywood Blvd 7 10,000 600,000 2" Cam lock fitting Hollywood, FL 33021 offload hose for tank 2400 N 68th Avenue 2 500 Hollywood, FL 33024 City of Margate 980 NW 66th Avenue 2 7,000 25,000 2" Bonjo female tank Margate, FL 33063 fitting 6630 NW 9th Street 2 8,100 30,000 2" PVC Cam lock male Margate, FL 33063 1 3,000 tank fitting END OF SECTION CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.29 Page 82 of 136 City of Fort Lauderdale Bid 12525-312 CITY OF FORT LAUDERDALE GENERAL CONDITIONS These instructions and conditions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division. The City may delete,supersede,or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid(1123)Special Conditions,Technical Specifications,Instructions,Proposal Pages,Addenda,and Legal Advertisement In this general conditions document,Invitation to Bid(ITB), Request for Qualifications(RFQ),and Request for Proposal(RFP)are interchangeable PART I BIDDER PROPOSAL PAGE(S)CONDITIONS: 1.01 BIDDER ADDRESS. The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing service,BidSync Notices of Invitations to Bid(ITB'S)are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed(if applicable)to every vendor on those lists,who may then view the bid documents online.Bidders who have been informed of a bids availability in any other manner are responsible for registering with BidSync in order to view the bid documents.There is no fee for doing so.If you wish bid notifications be provided to another e-mail address or fax, please contact BidSync If you wish purchase orders sent to a different address,please so mdicate in your bid response If you wish payments sent to a different address,please so indicate on your invoice 1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the nght to cancel any orders,or part thereof,without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor,to attach all packing slips to the OUTSIDE of each shipment Packing slips must provide a detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment tenns,unless otherwise stated in this ITS,will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified,whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount,it is understood that the discount time will be computed from the date of satisfactory delivery,at the place of acceptance,and receipt of correct invoice,at the office specified,whichever occurs last 1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid,such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants,by virtue of bidding,that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty(120)days from the date of bid opening unless otherwise stated in the ITB. 1.07 VARIANCES: For purposes of bid evaluation,Bidder's must indicate any variances,no matter how slight,from ITB General Conditions,Special Conditions, Specifications or Addenda in the space provided in the ITB No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated,or referenced as required,it will be assumed that the product or service fully complies with the City's temis,conditions,and specifications. By receiving a bid,City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City If any bid contains matenal variances that,in the City's sole opinion,make that bid conditional in nature,the City reserves the nght to reject the bid or part of the bid that is declared by the City as conditional 1.08 NO BIDS: If you do not intend to bid please indicate the reason,such as insufficient time to respond,do not offer product or service,unable to meet specifications, schedule would not permit,or any other reason,in the space provided in this ITB. Failure to bid or return no bid comments pnor to the bid due and opening date and tune,indicated in this ITB,may result in your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase the participation of Minonty Business Enterprises(MBE),Women Business Enterprises(WBE),and Small Business Enterprises(SBE)in its procurement activities If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB Minority Business Enterprise(MBE)"A Minority Business"is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural,racial,chronic economic circumstances or background or other similar cause. Such persons include,but are not limited to: Blacks,Hispanics,Asian Amencans,and Native Amencans The term"Mmonty Business Enterprise"means a business at least 51 percent of which is owned by minonty group members or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by minority group members For the purpose of the preceding sentence,minority group members are citizens of the United States who include,but are not limited to Blacks,Hispamcs,Asian Americans,and Native Amencans. Women Business Enterpnse(WBE)a"Women Owned or Controlled Business"is a business enterprise at least 51 percent of which is owned by females or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by females. Small Business Enterprise(SBE)"Small Business"means a corporation,partnership,sole propnetorshrp,or other legal entity formed for the purpose of making a profit,which is independently owned and operated,has either fewer than 100 employees or less than$1,000,000 in annual gross receipts BLACK,which includes persons having origins in any of the Black racial groups ofAfnca. CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.26 Page 83 of 136 21 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 WHITE,which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC,which includes persons of Mexican,Puerto Rican,Cuban,Central and South Amencan,or other Spanish culture or origin,regardless of race NATIVE AMERICAN,which includes persons whose ongins are Amencan Indians,Eskimos,Aleuts,or Native Hawaiians ASIAN AMERICAN,which includes persons having ongin in any of the ongmal peoples of the Far East,Southeast Asia,the Indian subcontinent,or the Pacific Islands. 1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desue of the City of Fort Lauderdale to increase the participation of minority(MBE)and women-owned(WBE)businesses in its contracting and procurement programs While the City does not have any preference or set aside programs in place,it is committed to a policy of equitable participation for these firms Proposers are requested to mclude in their proposals a narrative describing their past accomplishments and intended actions in this area If proposers are considering minority or women owned enterpnse participation in their proposal,those firms,and their specific duties have to be identified in the proposal If a proposer is considered for award,he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract 1.11 SCRUTINIZED COMPANIES As to any contract for goods or services of$1 million or more and as to the renewal of any contract for goods or services of$1 million or more,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 Compames with Activities in Sudan List or the Scrutinized Companies with Activities m the Iran Petroleum Energy Sector List,and that it does not have business operations in Cuba or Syria,as provided in section 287 135,Florida Statutes(2019),as may be amended or revised As to any contract for goods or services of any amount and as to the renewal of any contract for goods or services of any amount,the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215 4725, Flonda Statutes(2019),and that it is not engaged in a boycott of Israel The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection(5)of section 287 135,Flonda Statutes(2019),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(2019),or is engaged in a boycott of Israel,or has been engaged m business operations in Cuba or Syria,as defined in Section 287 135,Florida Statutes(2019),as may be amended or revised Rev 2/2020 Page 1 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or proposer certifies,by submission of a response to this solicitation,that neither it nor its pnncipals and subcontractors are presently debarred or suspended by any Federal department or agency Part II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions,special conditions,technical specifications,instructions to bidders, addenda and any other document used in the bidding process INVITATION TO BID(ITB)The solicitation document used for soliciting competitive sealed bids for goods or services INVITATION TO NEGOTIATE(ITN)All solicitation documents,regardless of medium,whether attached to or incorporated by reference in solicitations for responses from firms that invite proposals from interested and qualified firms so the city may enter into negotiations with the firm(s)determined most capable of providing the required goods or services REQUEST FOR PROPOSALS(RFP)A solicitation method used for soliciting competitive sealed proposals to determine the best value among proposals for goods or services for which price may not be the prevailing factor in award of the contract,or the scope of work,specifications or contract terms and conditions may be difficult to define Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal using identified and generally weighted evaluation criteria RFPs may include price cntena whenever feasible,at the discretion of the city REQUEST FOR QUALIFICATIONS(RFQ)A solicitation method used for requesting statements of qualifications in order to determine the most qualified proposer for professional services. BID—a pnce and terms quote received in response to an ITB PROPOSAL—a proposal received in response to an RFP BIDDER—Person or fine submittmg a Bid PROPOSER—Person or firm submitting a Proposal RESPONSIVE BIDDER—A firm who has subnutted a bid,offer,quote,or response which conforms in all matenal respects to the competitive solicitation document and all of its requirements RESPONSIBLE BIDDER—A firm who is fully capable of meeting all requirements of the solicitation and subsequent contract The respondent must possess the full capability,including financial and technical,ability,business judgment,expenence,qualifications,facilities,equipment,integrity,capability,and reliability,in all respects to perform fully the contract requirements and assure good faith performance as detemuned by the city. FIRST RANKED PROPOSER—That Pioposel,responding to a City RFP,whose Proposal is deemed by the City,the most advantageous to the City after applying the evaluation criteria contained m the RFP SELLER—Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City CONTRACTOR—Any firm having a contract with the city Also referred to as a"Vendor" CONTRACT—All types of agreements,including purchase orders,for procurement of supplies,services,and construction,regardless of what these agreements may be called. CONSULTANT—A firm providing professional services for the city CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.27 Page 84 of 136 ndently owned and operated,has either fewer than 100 employees or less than$1,000,000 in annual gross receipts BLACK,which includes persons having origins in any of the Black racial groups ofAfnca. CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.26 Page 83 of 136 21 9:01 AM Exhibit 3 p.31 Page 47 of 136 at are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled CAM 21-0674 7/1/2021 9:01 AM Exhibit 3 p.28 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be m variance or conflict with these General Conditions shall have precedence over these General Conditions If no changes or deletions to General Conditions are made in the Special Conditions,then the General Conditions shall prevail m their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration,bids must be received pnor to the bid opening date and time Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated,but failure to use the forms may cause the bid to be rejected Any erasures or corrections on the bid must be made in ink and mitialed by Bidder in ink. All information submitted by the Bidder shall be printed,typewntten or filled in with pen and ink. Bids shall be signed in ink Separate bids must be subnutted for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids via facsimile transmission(FAX)if the ITB specifically states that bids sent via FAX will be considered If such a statement is not included in the ITB,bids sent via FAX will be rejected. Bids will be publicly opened in the Procurement Office,or other designated area,in the presence of Bidders,the public,and City staff. Bidders and the public are invited and encouraged to attend bid openings Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect,or no longer available and replaced with an updated model with new specifications,the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements 3.03 PRICES QUOTED: Deduct trade discounts,and quote firm net pnces. Give both unit pnce and extended total. In the case of a discrepancy in computing the amount of the bid,the unit pnce quoted will govern. All pnces quoted shall be F 0 B destination,freight prepaid(Bidder pays and bears freight charges,Bidder owns goods in transit and files any claims),unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City 3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Flonda Sales taxes on direct purchase of tangible property. Exemption number for EIN is 59-6000319,and State Sales tax exemption number is 85-8013875578C-1. 3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only No warranty or guarantee of quantities is given or implied It is understood that the Contractor will furnish the City's needs as they anse. 3.06 APPROVED EQUAL: When the technical specifications call for a brand name,manufacturer,make,model,or vendor catalog number with acceptance of APPROVED EQUAL,it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases,the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal In that the specified make and model represent a level of quality and features desired by the City,the Bidder must state clearly in the bid any variance from those specifications It is the Bidder's responsibility to provide adequate information,in the bid,to enable the City to ensure that the bid meets the required cntena If adequate mfonnation is not submitted with the bid,it may be rejected The City will be the sole judge in determining if the item bid qualifies as an approved equal 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum,mandatory, or required If any Bidder is unable to meet or exceed these items,and feels that the technical specifications are overly restrictive,the bidder must notify the Procurement Services Division immediately Such notification must be received by the Procurement Services Division pnor to the deadline contained in the ITB,for questions of a matenal nature,or pnor to five(5)days before bid due and open date,whichever occurs first If no such notification is received pnor to that deadline, the City will consider the technical specifications to be acceptable to all bidders 3.08 MISTAKES: Bidders are cautioned to examine all terms,conditions,specifications,drawings,exhibits,addenda,delivery instructions and special conditions pertaining to the ITB Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability Unless otherwise specified in Special Conditions,samples shall be requested after the date of bid opening,and if requested should be received by the City within seven(7)working days of request. Samples,when requested,must be furnished free of expense to the City and if not used in testing or destroyed,will upon request of the Bidder,be returned within thirty (30)days of bid award at Bidder's expense. When required,the City may request full demonstrations of units pnor to awaid. When such demonstrations are requested,the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. Rev.2/2020 Page 2 3.10 LIFE CYCLE COSTING If so specified in the ITB,the City may elect to evaluate equipment proposed on the basis of total cost of ownership In using Life Cycle Costing,factors such as the following niay be considered. estimated useful life,maintenance costs,cost of supplies,labor intensity,energy usage,environmental impact,and residual value. The City reserves the nght to use those or other applicable criteria,in its sole opinion that will most accurately estimate total cost of use and ownership 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns,the City of Fort Lauderdale encourages Bidders to submit bids or altemate bids containing items with recycled content When submitting bids containing items with recycled content,Bidder shall provide documentation adequate for the City to venfy the recycled content The City prefers packaging consisting of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale Bid 12525-312 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts,if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein The City reserves the right to inspect the Bidder's facilities,equipment,personnel,and organization at any time,or to take any other action necessary to determine Bidder's ability to perform The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security,it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashier's check Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids Bid security will be returned to the successful bidder after acceptance of the performance bond,if required,acceptance of insurance coverage,if required,and full execution of contract documents,if required;or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDS/TRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Flonda law,which is subject to disclosure by the City under the State of Flonda Public Records Law,Florida Statutes Chapter 119 07(`Public Records Law"). The City shall permit public access to all documents,papers,letters or other matenal submitted in connection with this RFP and the Contract to be executed for this RFP,subject to the provisions of Chapter 119 07 of the Flonda Statutes. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP,except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law,shall be void If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119 07("Public Records Laws"),the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt The Proposer must specifically identify the exemption being claimed under Florida Statutes 119 07 The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret The city's determination of whether an exemption applies shall be final,and the proposer agrees to defend,indemnify,and hold harmless the City and the City's officers,employees,and agents,against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records In addition,the proposer agrees to defend,indemnify,and hold harmless the City and the City's officers,employees,and agents,against any loss or damages incurred by any person or entity as a result of the City's treatment of records as exempt from disclosure or confidential. Proposals bearing copyright symbols or otherwise purporting to be subject to copyright protection in full or in part may be rejected. The proposer authorizes the City to publish,copy,and reproduce any and all documents submitted to the City bearing copynght symbols or otherwise purporting to be subject to copyright protection EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW,DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials,officers or employees affiliated with it,unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue Bidders must disclose any such affiliation Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids,part of bids,and to waive minor irregularities or variations to specifications contained in bids,and mmor iregulanties in the bidding process The City also reserves the right to award the contract on a split order basis,lump sum basis,individual item basis,or such combination as shall best serve the interest of the City The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms,conditions,and specifications of the ITB and whose bid is considered to best serve the City's interest In determining the responsiveness of the offer and the responsibility of the Bidder,the following shall be considered when applicable the ability, capacity and skill of the Bidder to perform as required;whether the Bidder can perform promptly,or within the time specified,without delay or interference,the character,integrity,reputation,judgment,experience and efficiency of the Bidder,the quality of past perfonnance by the Bidder;the previous and existing compliance by the Bidder with related laws and ordmances,the sufficiency of the Bidder's financial resources,the availability,quality and adaptability of the Bidder's supplies or services to the required use,the ability of the Bidder to provide future maintenance,service or parts,the number and scope of conditions attached to the bid. If the ITB provides for a contract trial penod,the City reserves the right,in the event the selected bidder does not perform satisfactorily,to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder,if that bidder has successfully provided services to the City in the past This procedure to continue until a bidder is selected or the contract is re-bid,at the sole option of the City 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal,state,county laws,and local ordinances,rides and regulations,shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arse between peison(s)submitting a bid response hereto and the City by and through its officers,employees and authorized representatives,or any other person,natural or otherwise,and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.19 BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city's procurement ordinance or any applicable law may protest to the chief procurement officer,by delivering a letter of protest to the director of finance within five(5)days after a notice of intent to award is posted on the city's web site at the following url https//www.fortlauderdale gov/departments/finance/procurement-services/notices- of-intent-to-award The complete protest ordinance may be found on the city's web site at the following url. https//library.mumcode coin/fl/fort_lauderdale/codes/code_of ordinances? nodeid=coor_ch2ad_artvfi_div2pr_s2-182direpr PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions,the Contractor shall within fifteen(15)working days after notification of award,furnish to the City a Performance Bond,payable to the City of Fort Lauderdale,Florida,in the face amount specified in Special Conditions as surety for faithful CAM 21-0674 9/8/2021 2:13 PM BidSync Exhibit 3 p.29 Page 86 of 136 City of Fort Lauderdale Bid 12525-312 performance under the terms and conditions of the contract. If the bond is on an annual coverage basis,renewal for each succeeding year shall be submitted to the City thirty(30)days pnor to the termination date of the existing Performance Bond The Performance Bond must be executed by a surety company of recognized standing, authonzed to do business in the State of Flonda and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. Rev 2/2020 Page 3 4.02 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager pnor to engaging in any activities under this contract. The Contractor's insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance and shall have no less than thirty(30)days written notice of cancellation or material change Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder,by submitting the bid,agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 COMPLIANCE WITH SPECIFICATIONS,LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance with bid specifications Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense Any violation resulting in contract termination for cause or delivery of items not conforming to specifications,or late delivery may also result in. - Bidder's name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period - All City Departments bemg advised to refrain from doing busmess with the Bidder - All other remedies in law or equity. 5.02 ACCEPTANCE,CONDITION,AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the matenal accepted to the satisfaction of the City The material must comply fully with the terms of the ITB,be of the required quality,new, and the latest model. All containers shall be suitable for storage and shipment by common carrier,and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind Any substitutes or material not meeting specifications will be returned at the Bidder's expense Payment will be made only after City receipt and acceptance of materials or services. 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended 5.04 ASBESTOS STATEMENT: All material supplied must be 100%asbestos free Bidder,by virtue of bidding,certifies that if awarded any portion of the lTB the bidder will supply only material or equipment that is 100%asbestos free. 5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB,the bidder may,if the bidder has sufficient capacity or quantities available,provide to other governmental agencies,so requesting,the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract Prices shall be F 0 B delivered to the requesting agency. 5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations,decisions,or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee Only those communications which are in writing from an authonzed City representative may be considered. Only written communications from Contractors,which are assigned by a person designated as authorized to bind the Contractor,will be recognized by the City as duly authorized expressions on behalf of Contractors 5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor,and not as officers,employees,or agents of the City. Personnel policies,tax responsibilities, social security,health insurance,employee benefits,procurement policies unless otherwise stated in this ITB,and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor 5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall protect and defend at Contractor'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, fines,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 Without limiting the foregoing,any and all such claims,suits,or other actions relating to personal injury,death,damage to property,defects in materials or workmanship,actual or alleged violations of any applicable statute,ordmance,administrative order,rule or regulation,or decree of any court shall be included in the indemnity hereunder 5.09 TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement,or if the Contractor shall violate any of the provisions of this Agreement,the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement,or with such part or parts of the Agreement as to which there has been default,and may hold the Contractor liable for any damages caused to the City by reason of such default and termination In the event of such termination,any completed services performed by the Contractor under this Agreement shall,at the option of the City,become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.3® Page 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale Bid 12525-312 the City The Contractor,however,shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined 5.10 TERMINATION FOR CONVENIENCE: The City reserves the nght,in the City's best interest as determined by the City,to cancel any contract by giving written notice to the Contractor thirty(30)days prior to the effective date of such cancellation 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal penod,and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds,unless otherwise authonzed by law 5.12 RECORDS/AUDIT: 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 The Contractor agrees to make available to the City Auditor or the City Auditor's designee,dunng normal business hours and in Broward,Miami-Dade or Palm Beach Counties,all books of account,reports,and records relating to this contract The Contractor shall retain all books of account,reports,and records relating to this contract for the duration of the contract and for three years after the final payment under this Agreement,until all pending audits,investigations or litigation matters relating to the contract are closed,or until expiration of the records retention penod piescnbed by Florida law or the records retention schedules adopted by the Division of Library and Information Services of the Florida Department of State,whichever is later 5.13 PERMITS,TAXES,LICENSES: The successful Contractor shall,at his/her/its own expense,obtain all necessary permits,pay all licenses,fees and taxes,required to comply with all local ordmances,state and federal laws,rules and regulations applicable to business to be earned out under this contract. 5.14 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal,state,local and municipal laws,ordinances rules and regulations that would apply to this contract NON-DISCRIMINATION The Contractor shall not,in any of its activities,including employment,discnminate against any individual on the basis of race,color, national ongm,age,religion,creed,sex,disability,sexual orientation,gender,gender identity,gender expression,mantal status,or any other protected classification as defined by applicable law 1. The Contractor certifies and represents that the Contractor will comply with Section 2-187,Code of Ordinances of the City of Fort Lauderdale,Flonda,(2019),as may be amended or revised,("Section 2-187"),during the entire term of this Agreement 2 The failure of the Contractor to comply with Section 2-187 shall be deemed to be a matenal breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may temmnate this Agreement if the Contractor fails to comply with Section 2-187 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Flonda Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract tens where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,aftei examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale Bid 12525-312 5.18 ASSIGNMENT: Contractor shall not transfer or assign the performance reqwred by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB,and the momes,which may become due hereunder,are not assignable except with the pnor written approval of the City Commission or the City Manager or City Manager's designee,depending on original award approval 5.19 GOVERNING LAW;VENUE: The Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any lawsuit by either party against the othei party or otherwise arising out of the Contract,and for any other legal proceedmg,shall be in the courts in and for Broward County, Florida,or in the event of federal jurisdiction,m the Southern District of Flonda. 5.20 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 CON'l'RACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE,FORT LAUDERDALE,FLORIDA 33301. Contractor shall comply with public records laws,and Contractor shall. 1 Keep and maintain public records required by the City 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(2019),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 the contract 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 the 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 the Contract,the Contractor shall meet all applicable reqwrements 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 format that is compatible with the mfonnation technology systems of the City. Rev 2/2020 Page 5 CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.36 Page 89 of 136 erm of this Agreement 2 The failure of the Contractor to comply with Section 2-187 shall be deemed to be a matenal breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may temmnate this Agreement if the Contractor fails to comply with Section 2-187 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Flonda Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract tens where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,aftei examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale Bid 12525-312 NON-COLLUSION STATEMENT: By signing this offer,the vendor/contractor certifies that this offer is made independently and free from collusion.Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in,the vendor's business,who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers,decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity,or if they otherwise stand to personally gain if the contract is awarded to this vendor. In accordance with City of Fort Lauderdale, FL Policy and Standards Manual,6.10.8.3, 3.3.City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest(e.g.ownership of five(5)percent or more). 3.4. Immediate family members(spouse,parents and children)are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names,the City shall interpret this to mean that the vendor has indicated that no such relationshi e t. E� Bid Coordinator A nz Signature Title Cristhianne Munguia 6/8/21 Name(Printed) Date CAM 21-0674 3/8/2021 2:13 PM BidSync Exhibit 3 p.33 Page 90 of 136 n 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 the 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 the Contract,the Contractor shall meet all applicable reqwrements 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 format that is compatible with the mfonnation technology systems of the City. Rev 2/2020 Page 5 CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.36 Page 89 of 136 erm of this Agreement 2 The failure of the Contractor to comply with Section 2-187 shall be deemed to be a matenal breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may temmnate this Agreement if the Contractor fails to comply with Section 2-187 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Flonda Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract tens where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,aftei examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale Bid 12525-312 CONTRACT PAYMENT METHOD The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to credit card payments via MasterCard or Visa as part of this program. This allows you as a vendor of the City of Fort Lauderdale to receive your payments fast and safely. No more waiting for checks to be printed and mailed. In accordance with the contract, payments on this contract will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, bidders must presently have the ability to accept these credit cards or take whatever steps necessary to implement acceptance of a card before the start of the contract term, or contract award by the City. All costs associated with the Contractor's participation in this purchasing program shall be borne by the Contractor. The City reserves the right to revise this program as necessary. By signing below you agree with these terms. Please indicate which credit card payment you prefer: ViMasterCard (Visa Allied Universal Corporation Company Name Cristhianne Munguia ' r‘4ii --- Name (Printed) Signature 6/8/21 Bid Coordinator Date Title CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.34 Page 91 of 136 Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names,the City shall interpret this to mean that the vendor has indicated that no such relationshi e t. E� Bid Coordinator A nz Signature Title Cristhianne Munguia 6/8/21 Name(Printed) Date CAM 21-0674 3/8/2021 2:13 PM BidSync Exhibit 3 p.33 Page 90 of 136 n 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 the 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 the Contract,the Contractor shall meet all applicable reqwrements 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 format that is compatible with the mfonnation technology systems of the City. Rev 2/2020 Page 5 CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.36 Page 89 of 136 erm of this Agreement 2 The failure of the Contractor to comply with Section 2-187 shall be deemed to be a matenal breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may temmnate this Agreement if the Contractor fails to comply with Section 2-187 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Flonda Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract tens where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,aftei examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale Bid 12525-312 BID/PROPOSAL CERTIFICATION Please Note: It is the sole responsibility of the bidder to ensure that his bid is submitted electronically through www.BidSync.com prior to the bid opening date and time listed. Paper bid submittals will not be accepted. 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 http://www.dos.state.fl.us/). Company: (Legal Registration) Allied Universal Corporatoin EIN (Optional): Address: 3901 NW 115 Avenue City: Miami State: FL Zip: 33178 Telephone No.: 305-888-2623 FAX No.:786-522-0215 Email: Bids@Allieduniversal.com Ext. 0125 Delivery: Calendar days after receipt of Purchase Order(section 1.02 of General Conditions): 14 Total Bid Discount(section 1.05 of General Conditions): N/A Check box if your firm qualifies for MBE/SBE/WBE(section 1.09 of General Conditions): t i 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 1 6/11/21 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 N/A.You must also click the"Take Exception"button. N/A 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, CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.39 Page 92 of 136 Contractor to comply with Section 2-187 shall be deemed to be a matenal breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may temmnate this Agreement if the Contractor fails to comply with Section 2-187 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Flonda Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract tens where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,aftei examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale Bid 12525-312 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 contained in this competitive solicitation. Submitted by: Cristhianne Munguia Name(printed) Sig ature 6/23/21 Bid Coordinator Date Title Revised 4/28/2020 CAM 21-0674 6/8/2021 2.13 PM BidSync Exhibit 3 p.86 Page 93 of 136 END OF SECTION CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.29 Page 82 of 136 City of Fort Lauderdale Bid 12525-312 Question and Answers for Bid #12525-312-Sodium Hypochlorite(CO-OP) Overall Bid Questions There are no questions associated with this bid. Question Deadline:Jun 21,2021 5:00:00 PM EDT CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.37 Page 94 of 136 under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Cristhianne Munguia Name(printed) Sig ature 6/23/21 Bid Coordinator Date Title Revised 4/28/2020 CAM 21-0674 6/8/2021 2.13 PM BidSync Exhibit 3 p.86 Page 93 of 136 END OF SECTION CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.29 Page 82 of 136 City of Fort Lauderdale 12525-312 .......M1 "" . .AI Corporate OfTce { 0. 3901 NW 115 Avenue 1 Miami, Florida 33178 305-888-2623 office IVERSAL CORPORATION 305 463 8369 fax Celebrating,co Years ® PP--. aoo¢ RESOLVED that Cristhianne Munguia, Bid Coordinator for Allied Universal Corporation, be authorized to sign and submit the Contract of this corporation for the following project: Supply and Delivery of Sodium Hypochlorite to the City Ft. Lauderdale. This bid or proposal shall include any other certificate of certification, which may be required by general municipal, state, or federal law(s). Such inclusion shall be the act and deed of this corporation, and for any inaccuracies or misstatements in such certificates or certifications this corporate bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by Allied Universal Corporation at the meeting of its Board of Directors held on the 14th day of December 2020. (Seal of vq� ion) SEAL • 1977 11 P4ORIDA Jim P er, President- CEO 8350 NW 93 Street 9501 Rangeline Road 5215 W.Tyson Avenue 14770 Old Saint Augustine Road Miami,Florida 33166 Ft.Pierce,Florida 34987 Tampa,Florida 33611 Jacksonville,FL 32207 AUC-305-888-2623 AUC-772-464-6195 CFI-813-832-4868 AUC-904-619-6180 CAM 21-0674 7/1/2021 30 Neil Gunn Drive 204 SCM Road BidSync 9545 Rangeline Road 2815 Inland TrEdritSi. p.42 Page 95 of 136 ed 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 N/A.You must also click the"Take Exception"button. N/A 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, CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.39 Page 92 of 136 Contractor to comply with Section 2-187 shall be deemed to be a matenal breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may temmnate this Agreement if the Contractor fails to comply with Section 2-187 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Flonda Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract tens where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,aftei examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 p CtASs s��yt J•0.` *R Corporate Office *414 Ant 3901 NW 115 Avenue 1111 Miami, Florida33178 305-888-2623 office ALLIED UNIVERSAL CORPORATION 305-463 8369 fax c1i'brca Ling ,o ) as .. REFERENCES SODIUM HYPOCHLORITE MIAMI DADE WATER He SEWER 700 WEST 2ND AVE. HIALEAH, FL 33011 JON HANSEN 786-236-7625/ CELL 305-805-1620 FAX JON.HANSEN@MIAMIDADE.GOV CITY OF NEW PORT RICHEY 4730 N. MAIN STREET NEW PORT RICHEY, FL 34652 ROGER GODDWIN OPERATIONS MANAGER 727-841 -4568 GOODWINR@CITYOFNEWPORTRICHEY.ORG CITY OF FT. MYERS HEATH LAUFENBERG PLANT SUPERINTENDENT 1501 RALEIGH STREET FORT MYERS, FL 33902 239-321 -7574 HLAUFENBERG@CITYFTMYERS.COM CITY OF SUNRISE 14100 SW 8 STREET SUNRISE, FL 33325 DOUGH KERWIN CHIEF OPERATOR OF UTILITIES ADMINISTRATION 954-846-7400 DKERWIN@SUNRISEFL.GOV 8350 NW 93 Street 9501 Rangeline Road 5215 W.Tyson Avenue 14770 Old Saint Augustine Roar Miami,Florida 33166 Ft.Pierce,Florida 34987 Tampa,Florida 33611 Jacksonville,FL 32207 AUC-305-888-2623 AUC-772-464-6195 CFI-813-832-4868 AUC-904-619-6180 30 Neil Gunn Drive 204 SCM Road 9545 Rangeline Road 2815 Inland Transport St. Ellisville,MS 39437 Brunswick,GA 31525 Ft.Pierce,Florida 34987 Palm F idg04221 7/1/2021 AUC-601-477-2550 AUC-912-267-9470 BidSync ANT 1-772-464-6195 ANT 2 Exhibit 3 p.43 Page 96 of 136 irtue 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 N/A.You must also click the"Take Exception"button. N/A 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, CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.39 Page 92 of 136 Contractor to comply with Section 2-187 shall be deemed to be a matenal breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may temmnate this Agreement if the Contractor fails to comply with Section 2-187 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Flonda Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract tens where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,aftei examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Company ID Number: 122833 ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS) and Allied Universal Corporation (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). E-Verify is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form(Form I-9)has been completed. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996(IIRIRA),Pub. L. 104-208, 110 Stat.3009, as amended(8 U.S.C. § 1324a note). ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF THE SSA 1. Upon completion of the Form 1-9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2. The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. The SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act(5 U.S.C. § 552a),the Social Security Act(42 U.S.C. 1306(a)),and SSA regulations(20 CFR Part 401). 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.44 Page 97 of 136 submit a response,that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, CAM 21-0674 8/8/2021 2:13 PM BidSync Exhibit 3 p.39 Page 92 of 136 Contractor to comply with Section 2-187 shall be deemed to be a matenal breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law 3 The City may temmnate this Agreement if the Contractor fails to comply with Section 2-187 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Flonda Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract tens where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,aftei examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Company ID Number: 122833 5. SSA agrees to establish a means of secondary verification (including updating SSA records as may be necessary)for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA,unless SSA determines that more than 10 days may be necessary.In such cases,SSA will provide additional verification instructions. B. RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY 1. Upon completion of the Form I-9 by the employee and the Employer and after SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct: • Automated verification checks on newly hired alien employees by electronic means,and • Photo verification checks(when available)on newly hired alien employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names,titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer a manual (the E-Verify Manual) containing instructions on E-Verify policies,procedures and requirements for both SSA and OHS, including restrictions on the use of E-Verify..DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices(OSC),Civil Rights Division,and U.S.Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act and federal criminal laws,and to ensure accurate wage reports to the SSA. 7. OHS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.45 Page 98 of 136 e until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Flonda Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract tens where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,aftei examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Company ID Number: 122833 8. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases,DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 2. The Employer agrees to provide to the SSA and OHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the E-Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The employer agrees that all employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. 5. The Employer agrees to comply with established Form I-9 procedures, with two exceptions: • If an employee presents a"List B"identity document,the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B))can be presented during the Form I-9 process to establish identity). • If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form I-9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A,or List B and List C,documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete,retain,and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.46 Page 99 of 136 BidSync Exhibit 3 p.45 Page 98 of 136 e until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Flonda Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract tens where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented The City may,aftei examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Company ID Number: 122833 rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A)of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify ; (3)the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $500 and $1,000 for each failure to notify DHS of continued employment following a final nonconfirmation;(4)the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1XA) if the Employer continues to employ any employee after receiving a final nonconfirmation; and(5)no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith on information provided through the confirmation system. DHS reserves the right to conduct Form I-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures within 3 Employer business days after each employee has been hired(but after both sections 1 and 2 of the Form I-9 have been completed),and to complete as many(but only as many)steps of the E-Verify process as are necessary according to the E-Verify Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form I-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting,in good faith,to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the the SSA verification response has been given. 8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job applicants,support for any unlawful employment practice,or any other use not authorized by this MOU. The Employer must use E-Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E-Verify procedures for re- verification, or for employees hired before the date this MOU is in effect. The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article IILB. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge(as defined in 8 C.F.R. § 274a.1 (1))that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Company ID Number: 122833 a photo non-match, does not mean, and should not be interpreted as, an indication that the employee is not work authorized.In any of the cases listed above,the employee must be provided the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer any adverse employment consequences until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued.If the employee does not choose to contest a tentative nonconfirmation or a photo non-match, then the Employer can find the employee is not work authorized and take the appropriate action. 11. The Employer agrees to comply with section 274B of the INA by not discriminating unlawfully against any individual in hiring,firing,or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify, discharging or refusing to hire eligible employees because they appear or sound "foreign", and premature termination of employees based upon tentative nonconfirmations, and that any violation of the unfair immigration-related employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section 274B of the INA and the termination of its participation in E- Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-7688 or 1-800-237-2515(TDD). 12. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from the SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of newly-hired employees after completion of the Form 1-9. The Employer agrees that it will safeguard this information, and means of access to it(such as PINS and passwords)to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a (i) (1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)),and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees,to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.48 Page 101 of 136 automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Company ID Number: 122833 ARTICLE III REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO THE SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA,the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal Government work days. The Employer will make a second inquiry to the SSA database using E-Verify procedures on the date that is 10 Federal Government work days after the date of the referral in order to obtain confirmation,or final nonconfirmation,unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY 1. If the Employer receives a tentative nonconfirmation issued by DHS,the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non-match for an alien who provides a document for which the automated system has transmitted a photo, the employer must print the photo non-match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.49 Page 102 of 136 es,to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.48 Page 101 of 136 automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Company ID Number: 122833 the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS,the Employer will provide the employee with a referral letter and instruct the employee to contact the Department through its toll-free hotline within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will send a copy of the employee's Form I-551 or Form I- 766 to DHS for review by: • Scanning and uploading the document,or • Sending a photocopy of the document by an express mail account(furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match,the Employer is required to forward the employee's documentation to DHS by scanning and uploading,or by sending the document as described in the preceding paragraph,and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non-match. ARTICLE IV SERVICE PROVISIONS The SSA and DHS will not charge the Employer for verification services performed under this MOU.The Employer is responsible for providing equipment needed to make inquiries.To access the E-Verify System,an Employer will need a personal computer with Internet access. ARTICLE V PARTIES This MOU is effective upon the signature of all parties,and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties,or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures,will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.50 Page 103 of 136 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.49 Page 102 of 136 es,to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.48 Page 101 of 136 automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Company ID Number: 122833 without changes to E-Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies,officers,or employees,or against the Employer,its agents,officers,or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d)of IIRIRA to any action taken or allegedly taken by the Employer. The employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act(FOIA). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E-Verify,you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify Operations at 888-464- 4218. Employer AIlied Universal Corporation Andrea L Smith Name(Please type or print) Title Electronically Signed 05/28/2008 Signature Date Department of Homeland Security—Verification Division CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.51 Page 104 of 136 all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.50 Page 103 of 136 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.49 Page 102 of 136 es,to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.48 Page 101 of 136 automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Company ID Number: 122833 USCIS Verification Division Name(Please type or print) Title Electronically Signed 05/28/2008 Signature Date CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.52 Page 105 of 136 Page 94 of 136 under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Cristhianne Munguia Name(printed) Sig ature 6/23/21 Bid Coordinator Date Title Revised 4/28/2020 CAM 21-0674 6/8/2021 2.13 PM BidSync Exhibit 3 p.86 Page 93 of 136 END OF SECTION CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.29 Page 82 of 136 City of Fort Lauderdale 12525-312 Company ID Number: 122833 INFORMATION REQUIRED FOR THE E-VERIFY PROGRAM Information relating to your Company: Company Name: Allied Universal Corporation Company Facility Address: 3901 NW 115 Avenue Miami,FL 33178 Company Alternate Address: 3901 NW 115 Avenue Miami,FL 33178 County or Parish: MIAMI-DADE Employer Identification Number: 590776285 North American Industry Classification Systems Code: 325 Parent Company: 100 to Number of Employees: 499 Number of Sites Verified for: 8 Are you verifying for more than I site? If yes,please provide the number of sites verified for in each State. • MISSISSIPPI 1 site(s) • FLORIDA 4 site(s) • ARKANSAS 1 site(s) • GEORGIA 2 site(s) Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name: Tawana Houston Telephone Number: (305)888-2623 ext.131 Fax Number: (305)392-5732 E-mail Address: TawanaH a@allieduniversal.com Name: Irene Ham Telephone Number: (305)888-2623 ext.148 Fax Number: (305)392-5732 E-mail Address: IreneH®allieduniversaLcom Name: Andrea L Smith CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.53 Page 106 of 136 mployer. The employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act(FOIA). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E-Verify,you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify Operations at 888-464- 4218. Employer AIlied Universal Corporation Andrea L Smith Name(Please type or print) Title Electronically Signed 05/28/2008 Signature Date Department of Homeland Security—Verification Division CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.51 Page 104 of 136 all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.50 Page 103 of 136 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.49 Page 102 of 136 es,to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.48 Page 101 of 136 automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Company ID Number: 122833 Telephone Number: (305)888-2623 ext.124 Fax Number: (305)392-5732 E-mail Address: AndreaS®allieduniversal.com CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.54 Page 107 of 136 Page 105 of 136 Page 94 of 136 under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Cristhianne Munguia Name(printed) Sig ature 6/23/21 Bid Coordinator Date Title Revised 4/28/2020 CAM 21-0674 6/8/2021 2.13 PM BidSync Exhibit 3 p.86 Page 93 of 136 END OF SECTION CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.29 Page 82 of 136 City of Fort Lauderdale 12525-312 =. Corporate Office ,' .t „I, 3901 NW115Avenue al�� Miami, Florida 33178 305-888-2623 office ALLIED UNIVERSAL CORPORATION 305-463-8369 fax CeIelnclan 4 ju }tat r{�51 ..: ' ro.l AFFIDAVIT This is to certify that as required, all Sodium Hypochlorite solution to be furnished to City of Ft. Lauderdale will comply with the AWWA B300 Standards and ANSI/NSF standard 60 or as may be amended. STATE OF FLORIDA COUNTY OF: Miami-Dade 1 Sworn to(or affirmed) and Subscribed before me. By means of Q physical presence or ❑online notarization. This 23rd da of J ne 0 By: Cris ianne unguia Bid Coordinator (Notary Seal) VCLIAD/A0 ‘606A) Signature of Notary Public. rAMaHouSTOH i �CQJ)0)19i VIGU OY) R 1 � t Print or Type Name of Notary 4- EXPIRES:.'` • •' BondedibuNoYryPrdrYcUndeiwilin Personally Known Q Or Produced Identification ❑ Type of Identification Produced 8350 NW 93 Street 9501 Rangeline Road 5215 W.Tyson Avenue 14770 Old Saint Augustine Roac Miami,Florida 33166 Ft.Pierce,Florida 34987 Tampa,Florida 33611 Jacksonville,FL 32207 AUC-305-888-2623 AUC-772-464-6195 CFI-813-832-4868 AUC-904-619-6180 30 Neil Gunn Drive 204 SCM Road 9545 Rangeline Road 2815 Inland Transport St. Ellisville,MS 39437 Brunswick,GA 31525 Ft.Pierce,Florida 34987 Palm A1112 id)6 21 7/1/2021 AUC-601-477-2550 AUC-912-267-9470 BidSync ANT 1-772-464-6195 ANT 2 Exhibit 3 p.55 Page 108 of 136 to, Congressional oversight, E-Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act(FOIA). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E-Verify,you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify Operations at 888-464- 4218. Employer AIlied Universal Corporation Andrea L Smith Name(Please type or print) Title Electronically Signed 05/28/2008 Signature Date Department of Homeland Security—Verification Division CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.51 Page 104 of 136 all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.50 Page 103 of 136 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.49 Page 102 of 136 es,to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.48 Page 101 of 136 automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 6/18/2021 ListifiWaltEgftakisteoftellage I NSF International 12525-312 The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Friday,June 18, 2021 at 12:15 a.m. Eastern Time. Please contact NSF to confirm the status of any Listing,report errors,or make suggestions. Alert:NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: http://info.nsf.org/Certified/PwsChemicals/Listings.asp? CompanyName=Allied+Universal+Corporation&ChemicalName=Sodium+Hy-pochlorite& NSF/ANSI/CAN 6o Drinking Water Treatment Chemicals - Health Effects Allied Universal Corporation 3901 Northwest 115th Avenue Miami,FL 33178 United States 800-981-6700 305-888-2623 Visit this company's website (http:/Jwww.allieduniversal.com) Facility : # 2 Jacksonville, Florida Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Chlorine Disinfection&Oxidation ioomg/L By Weight Aqua Guard Sodium Hypochlorite 10.5% Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5%By Weight Disinfection&Oxidation loomg/L Sodium Hypochlorite Disinfection&Oxidation loomg/L Sodium Hypochlorite 10.5%Chlorine By Weight Disinfection&Oxidation ioomg/L CAM 21-0674 NidxZfaajorg/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+Uf]Id 'Corporation&TradeName=&ChemicalName=SodiumgMill$callorite...p•19§ Page 109 of 136 responses to inquiries under the Freedom of Information Act(FOIA). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E-Verify,you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify Operations at 888-464- 4218. Employer AIlied Universal Corporation Andrea L Smith Name(Please type or print) Title Electronically Signed 05/28/2008 Signature Date Department of Homeland Security—Verification Division CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.51 Page 104 of 136 all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.50 Page 103 of 136 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.49 Page 102 of 136 es,to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.48 Page 101 of 136 automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 6/18/2021 ListiegpiltCgt*aletentleRege j NSF International 12525-312 [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility : Fort Pierce, FL Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer io.5% Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer io.5%Chlorine Disinfection&Oxidation ioomg/L By Weight Aqua Guard Sodium Hypochlorite 10.5% Disinfection&Oxidation 100 mg/L Aqua Guard Sodium Hypochlorite 10.5%By Weight Disinfection&Oxidation ioomg/L Sodium Hypochlorite Disinfection&Oxidation loomg/L Sodium Hypochlorite 10.5%Chlorine By Weight Disinfection&Oxidation loomg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility : Miami, FL Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer 10.5%Chlorine Disinfection&Oxidation loomg/L By Weight Sodium Hypochlorite 10.5%Chlorine By Weight Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5%By Weight Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection&Oxidation loomg/L CAM 21-0674 74 brg/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+1113 Corporation&TradeName=&ChemicalName=SodiumEl$j it lorite...p•2 Page 110 of 136 sal Corporation Andrea L Smith Name(Please type or print) Title Electronically Signed 05/28/2008 Signature Date Department of Homeland Security—Verification Division CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.51 Page 104 of 136 all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.50 Page 103 of 136 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.49 Page 102 of 136 es,to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.48 Page 101 of 136 automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 6/18/2021 Listi6gpattEgintOlictecdteRage I NSF International 12525-312 Aqua Guard Sodium Hypochlorite io.5% Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation ioomg/L Sodium Hypochlorite Disinfection&Oxidation ioomg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility : Tampa, FL Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Bleach Disinfection&Oxidation 84 mg/L Aqua Guard Chlorinating Sanitizer io.5%Chlorine Disinfection&Oxidation ioomg/L By Weight Sodium Hypochlorite io.5%Chlorine By Weight Disinfection&Oxidation ioomg/L Aqua Guard Sodium Hypochlorite io.5%By Weight Disinfection&Oxidation ioomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5% Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation loomg/L Sodium Hypochlorite Disinfection&Oxidation loomg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility : Brunswick, GA Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Bleach Disinfection&Oxidation 74mg/L Aqua Guard Bleach 12.5% Disinfection&Oxidation 74mg/L CAM 21-0674 7d4i fbrg/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+USldi; -Corporation&TradeName=&ChemicalName=Sodiumg#9198 ihlorite...co.3741 Page 111 of 136 Corporation&TradeName=&ChemicalName=SodiumEl$j it lorite...p•2 Page 110 of 136 sal Corporation Andrea L Smith Name(Please type or print) Title Electronically Signed 05/28/2008 Signature Date Department of Homeland Security—Verification Division CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.51 Page 104 of 136 all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.50 Page 103 of 136 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.49 Page 102 of 136 es,to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.48 Page 101 of 136 automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 6/18/2021 Listi&,1pitEgmt ge I NSF International 12525-312 Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation 87mg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection&Oxidation 87mg/L Aqua Guard Sodium Hypochlorite 10.5% Disinfection&Oxidation 87mg/L Aqua Guard Sodium Hypochlorite 12.5% Disinfection&Oxidation 74mg/L Sodium Hypochlorite 10.5% Disinfection&Oxidation 87mg/L Sodium Hypochlorite 12.5% Disinfection&Oxidation 74mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility : Ellisville, MS Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Bleach Disinfection&Oxidation 84mg/L Aqua Guard Bleach 12.5% Disinfection&Oxidation 84mg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5% Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L Sodium Hypochlorite to.5% Disinfection&Oxidation ioomg/L Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Allied Universal Corporation 3901 Northwest 115 Avenue Miami,FL 33178 CAM 21-0674 7diib2 org/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+Uald Corporation&TradeName=&ChemicalName=SodiumWjip$c lorite...p-059 Page 112 of 136 Page 110 of 136 sal Corporation Andrea L Smith Name(Please type or print) Title Electronically Signed 05/28/2008 Signature Date Department of Homeland Security—Verification Division CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.51 Page 104 of 136 all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.50 Page 103 of 136 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.49 Page 102 of 136 es,to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.48 Page 101 of 136 automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 6/18/2021 ListegpaltEgoll_filaisoileRage I NSF International 12525-312 United States 305-888-2623 Visit this company's website thttp://www.allieduniversal.corn) Facility : # 3 USA Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Bleach Disinfection&Oxidation 84mg/L Aqua Guard Bleach 12.5% Disinfection&Oxidation 84mg/L Aqua Guard Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Number of matching Manufacturers is 2 Number of matching Products is 49 Processing time was o seconds CAM 21-0674 ld6i fiorg/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+UBIQW*Corporation&TradeName=&ChemicalName=Sodium ►086311orite...p Page 113 of 136 ard Bleach 12.5% Disinfection&Oxidation 84mg/L Aqua Guard Chlorinating Sanitizer Disinfection&Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5% Disinfection&Oxidation loomg/L Aqua Guard Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L Sodium Hypochlorite to.5% Disinfection&Oxidation ioomg/L Sodium Hypochlorite 12.5% Disinfection&Oxidation 84mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Allied Universal Corporation 3901 Northwest 115 Avenue Miami,FL 33178 CAM 21-0674 7diib2 org/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+Uald Corporation&TradeName=&ChemicalName=SodiumWjip$c lorite...p-059 Page 112 of 136 Page 110 of 136 sal Corporation Andrea L Smith Name(Please type or print) Title Electronically Signed 05/28/2008 Signature Date Department of Homeland Security—Verification Division CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.51 Page 104 of 136 all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.50 Page 103 of 136 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.49 Page 102 of 136 es,to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.48 Page 101 of 136 automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 ` ¢- � City of Fort Lauderdale 12525-312 eittVoik SAFETY DATA SHEET AWED UNIVERSAL CORPORATION Established 1954 1. Identification Product identifier Sodium Hypochlorite, 10-15%Solution Other means of identification SDS number AUC-004 Synonyms Aqua Guard Chlorinating Santizier*Aqua Guard Bleach*Aqua Guard Sodium Hypochlorite 10.5%*Aqua Guard Sodium Hypochlorite 12.5%*Sodium Hypochlorite*Liquid Bleach*Bleach* Hypo Recommended use Swimming pool chemical, hard surface cleaner,water treatment, bleaching,textiles,cooling towers, laudry sanitizer and agricultural/aquacultural purposes Recommended restrictions None known. Manufacturer/Importer/Supplier/Distributor information Manufacturer Company name Allied Universal Corporation Address 3901 N.W. 115th Avenue Miami, FL 33178 United States Telephone General: 1-305-888-2623 24-Hour alert: 1-786-522-0207 Website www.allieduniversal.com E-mail Not available. Contact person Operations Department Emergency phone number CHEMTREC 1-800-424-9300(US/Canada) +01 703-527-3887(International) Supplier Refer to Manufacturer 2. Hazard(s) identification Physical hazards Corrosive to metals Category 1 Health hazards Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 Specific target organ toxicity,single exposure Category 3 respiratory tract irritation Environmental hazards This mixture does not meet the classification criteria according to OSHA HazCom 2012. OSHA defined hazards This mixture does not meet the classification criteria according to OSHA HazCom 2012. Label elements rcto Signal word Danger Hazard statement May be corrosive to metals.Causes severe skin burns and eye damage. Causes serious eye damage. May cause respiratory irritation. Precautionary statement Prevention Keep only in original container. Do not breathe mist.Wash thoroughly after handling. Use only outdoors or in a well-ventilated area. Wear protective gloves/clothing and eye/face protection. Material name:Sodium Hypochlorite, 10-15%Solution sos us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 1 /10 7/1/2021 BidSync Exhibit 3 p.61 Page 114 of 136 d 05/28/2008 Signature Date Department of Homeland Security—Verification Division CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.51 Page 104 of 136 all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.50 Page 103 of 136 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.49 Page 102 of 136 es,to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.48 Page 101 of 136 automated verification to verify work authorization,a tentative nonconfirmation,or the finding of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.47 Page 100 of 136 n,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options 1 The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Response IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. If on skin (or hair):Take off immediately all contaminated clothing. Rinse skin with water/shower. If inhaled: Remove person to fresh air and keep comfortable for breathing. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses,if present and easy to do.Continue rinsing. Immediately call a POISON CENTER or doctor/physician.Specific treatment(see this label).Wash contaminated clothing before reuse. Storage Store locked up.Store in a well-ventilated place. Keep container tightly closed.Store in corrosive resistant container with a resistant inner liner. Disposal Dispose of contents/container in accordance with local/regional/national/international regulations. Hazard(s)not otherwise No OSHA defined hazard classes. classified(HNOC) Other hazards which do not result in classification:Contact with most acids may liberate and toxic gas.Chronic skin contact with low concentrations may cause dermatitis. Supplemental information None. 3. Composition/information on ingredients Mixtures Chemical name Common name and synonyms CAS number Sodium Hypochlorite HYPOCHLORITE SOLUTION 7681-52-9 10-15.5 Sodium hydroxide Caustic soda 1310-73-2 1-5 Lye Soda lye Other components below reportable levels 80-90 *Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret. 4. First-aid measures Inhalation Remove victim to fresh air and keep at rest in a position comfortable for breathing. If breathing stops,provide artificial respiration. Induce artificial respiration with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device. If breathing is difficult, trained personnel should give oxygen.Call a physician or poison control center immediately. Skin contact Immediately flush skin with running water for at least 20 minutes.Take off immediately all contaminated clothing.Take off immediately all contaminated clothing.Call a physician or poison control center immediately.Chemical burns must be treated by a physician.Wash contaminated clothing before reuse. Cover wound with sterile dressing.Do not rub area of contact. Leather and shoes that have been contaminated with the solution may need to be destroyed. Eye contact Immediately flush eyes with plenty of water for at least 15-20 minutes. Remove contact lenses, if present, after the first 5 minutes,then continue rinsing for 10-15 minutes. Call a physician or poison control center immediately.Take care not to rinse contaminated water into the unaffected eye or onto the face. Ingestion Call a physician or poison control center immediately. Rinse mouth. If swallowed: Rinse mouth. Do NOT induce vomiting. Never give anything by mouth to a victim who is unconscious or is having convulsions. Do not induce vomiting. If vomiting occurs,keep head low so that stomach content doesn't get into the lungs. Most important Corrosive to the eyes and may cause severe damage including blindness.Symptoms may include symptoms/effects,acute and stinging,tearing,redness,swelling,and blurred vision. Direct skin contact may cause corrosive delayed skin burns,deep ulcerations and possibly permanent scarring.Can cause severe respiratory irritation.Symptoms may include coughing,choking and wheezing. Inhalation could result in pulmonary edema(fluid accumulation).Symptoms of pulmonary edema(chest pain,shortness of breath)may be delayed.May cause severe irritation and corrosive damage in the mouth,throat and stomach.Symptoms may include abdominal pain,vomiting,burns,perforations,bleeding and eventually death. Indication of immediate Immediate medical attention is required.Causes chemical burns.Treat symptomatically. medical attention and special treatment needed General information Ensure that medical personnel are aware of the material(s) involved,and take precautions to protect themselves. 5. Fire-fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder.Carbon dioxide(CO2). Use media suitable to the surrounding fire such as water fog or fine spray,alcohol foams,carbon dioxide. Use water with caution.Contact with water will generate considerable heat. Material name:Sodium Hypochlorite, 10-15%Solution sos us AUC-004 Version#:04 Issue date:12-03-2020 CAM 21-0674 2/10 7/1/2021 BidSync Exhibit 3 p.62 Page 115 of 136 ctor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Unsuitable extinguishing Do not use water jet as an extinguisher,as this will spread the fire. Do not use dry chemical media extinguishing agents. Maleic anhydride may react with the basic sodium compounds. Use chemical extinguishing agents with caution.Some chemical extinguishing agents may react with this material. Specific hazards arising from Not considered flammable.Vapors are heavier than air and may spread along floors.Contact with the chemical most metals will generate flammable hydrogen gas. Contact with water will generate considerable heat. Reacts violently with a wide variety of organic and inorganic chemicals including alcohol, carbides,chlorates,picrates, nitrates and metals.Toxic fumes,gases or vapours may evolve on burning. Special protective equipment Firefighters should wear proper protective equipment and self-contained breathing apparatus with and precautions for firefighters full face piece operated in positive pressure mode.A full-body chemical resistant suit should be worn. Fire fighting Fight fire with normal precautions from a reasonable distance. Evacuate the area promptly.Move equipment/instructions containers from fire area if you can do so without risk. Use water spray to cool unopened containers. Do not allow run-off from fire fighting to enter drains or water courses. Dike for water control. Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. General fire hazards Vapors are heavier than air and may spread along floors. Hazardous combustion Hydrogen gas. Hydrogen chloride.Chlorine. Oxygen. Sodium oxides. products 6. Accidental release measures Personal precautions, Immediately evacuate personnel to safe areas. Keep unnecessary personnel away. Keep people protective equipment and away from and upwind of spill/leak. Keep out of low areas.Wear appropriate protective equipment emergency procedures and clothing during clean-up. Do not breathe mist or vapor. Do not touch damaged containers or spilled material unless wearing appropriate protective clothing.Ventilate closed spaces before entering them. Local authorities should be advised if significant spillages cannot be contained. For personal protection,see section 8 of the SDS. Methods and materials for Ventilate the area. Remove sources of ignition. Stop leak if you can do so without risk.Absorb containment and cleaning up spillage to prevent material damage. Use a non-combustible material like vermiculite,sand or earth to soak up the product and place into a container for later disposal. Use water spray to reduce vapors or divert vapor cloud drift. Prevent entry into waterways, sewer,basements or confined areas. Remove with vacuum trucks or pump to storage/salvage vessels.Contain and absorb spilled liquid with non-combustible, inert absorbent material (e.g.sand).Small spills can be neutralized by covering with a reducing agent,such as Sodium thiosulfate or Sodium sulphite. If not recoverable,dilute with water or flush to holding area and neutralize. Never return spills to original containers for re-use. Contact the proper local authorities. Contaminated absorbent material may pose the same hazards as the spilled product. For waste disposal,see Section 13. Environmental precautions Contact local authorities in case of spillage to drain/aquatic environment.Avoid discharge into drains,water courses or onto the ground. 7. Handling and storage Precautions for safe handling Use only outdoors or in a well-ventilated area.Wear protective gloves/clothing and eye/face protection. Label containers appropriately.When using,do not eat,drink or smoke. Do not taste or swallow. Do not get in eyes, on skin,on clothing.Wash thoroughly after handling.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up.Storage area should be clearly identified,clear of obstruction and accessible only including any incompatibilities to trained and authorized personnel.Avoid ultraviolet(UV) light sources. Inspect periodically for damage or leaks. Store in corrosive resistant container with a resistant inner liner.Store in original tightly closed container. Keep container tightly closed.Store in a well-ventilated place.Store away from and do not mix with incompatible materials such as acids,oxidizers, organics, reducing agents and all metals except titanium. Keep away from food,drink and animal feedingstuffs. 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Sodium hydroxide(CAS PEL 2 mg/m3 1310-73-2) Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 3/10 7/1/2021 BidSync Exhibit 3 p.63 Page 116 of 136 contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 US.ACGIH Threshold Limit Values Components Type Value Sodium hydroxide(CAS Ceiling 2 mg/m3 1310-73-2) US.NIOSH:Pocket Guide to Chemical Hazards Components Type Value Sodium hydroxide(CAS Ceiling 2 mg/m3 1310-73-2) US.Workplace Environmental Exposure Level(WEEL)Guides Components Type Value SODIUM HYPOCHLORITE STEL 2 mg/m3 (CAS 7681-52-9) Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering Good general ventilation(typically 10 air changes per hour)should be used. Ventilation rates controls should be matched to conditions. If applicable,use process enclosures,local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established, maintain airborne levels to an acceptable level. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures,such as personal protective equipment Eye/face protection Chemical goggles and face shield are recommended. Eye wash facilities and emergency shower Skin protection must be available when handling this product. Hand protection Wear appropriate chemical-resistant gloves.Advice should be sought from glove suppliers. Other Where contact is likely,wear chemical-resistant gloves,chemical protective clothing,rubber boots, and chemical safety goggles plus a face shield. Use of an impervious apron is recommended. Respiratory protection Respiratory protection should be worn when there is a potential to exceed the exposure limit requirements or guidelines. If there are no applicable exposure limit requirements or guidelines, wear respiratory protection when adverse effects,such as respiratory irritation or discomfort have been experienced, or where indicated by your risk assessment process. For most conditions no respiratory protection should be needed; however, if discomfort is experienced, use an approved air-purifying respirator.The following should be effective types of air-purifying respirators: Particulate filter. Thermal hazards Wear appropriate thermal protective clothing,when necessary. General hygiene When using,do not eat,drink or smoke.Do not breathe mist.Avoid contact with eyes,skin and considerations clothing. Upon completion of work,wash hands before eating,drinking,smoking or use of toilet facilities. Remove soiled clothing and wash it thoroughly before reuse. 9. Physical and chemical properties Appearance Clear yellow/green liquid. Physical state Liquid. Form Liquid. Color Clear to yellow/green. Odor Pungent.Chlorine-like. Odor threshold Not available. pH 11 - 13 Melting point/freezing point -150°F(-101.11 °C) Initial boiling point and boiling 212°F(> 100 C range > ° ) Flash point Not Applicable Evaporation rate Not available. Flammability(solid,gas) Not applicable. Upper/lower flammability or explosive limits Flammability limit-lower (%) Not Applicable Flammability limit-lower (%)temperature Not Applicable Material name:Sodium Hypchlorite,10-15%Solution SOS US AUC-004 Version#:04 Issue date:12-03-2020 CAM 21-0674 4/10 7/1/2021 BidSync Exhibit 3 P.64 Page 117 of 136 drains,water courses or onto the ground. 7. Handling and storage Precautions for safe handling Use only outdoors or in a well-ventilated area.Wear protective gloves/clothing and eye/face protection. Label containers appropriately.When using,do not eat,drink or smoke. Do not taste or swallow. Do not get in eyes, on skin,on clothing.Wash thoroughly after handling.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up.Storage area should be clearly identified,clear of obstruction and accessible only including any incompatibilities to trained and authorized personnel.Avoid ultraviolet(UV) light sources. Inspect periodically for damage or leaks. Store in corrosive resistant container with a resistant inner liner.Store in original tightly closed container. Keep container tightly closed.Store in a well-ventilated place.Store away from and do not mix with incompatible materials such as acids,oxidizers, organics, reducing agents and all metals except titanium. Keep away from food,drink and animal feedingstuffs. 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Sodium hydroxide(CAS PEL 2 mg/m3 1310-73-2) Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 3/10 7/1/2021 BidSync Exhibit 3 p.63 Page 116 of 136 contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Flammability limit-upper Not Applicable (%) Flammability limit-upper Not Applicable (%)temperature Explosive limit-lower(%) Not available. Explosive limit-upper(%) Not available. Vapor pressure 12 mm Hg Vapor density Not available. Relative density Not available. Solubility(ies) Solubility(water) Soluble Partition coefficient Not available. (n-octanol/water) Auto-ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 1.18 g/cm3 Molecular formula NaOCI Molecular weight 74.4 Specific gravity 1.165-1.23 10. Stability and reactivity Reactivity Contact with most metals will generate flammable hydrogen gas.Contact with water will generate considerable heat. Reacts with amines and ammonia compounds to form explosively unstable compounds. May be corrosive to metals. May be corrosive to:Aluminum. Stainless steel.Carbon steel.Copper. Bronze Chemical stability Material is stable under normal conditions. Possibility of hazardous Reacts vigorously or violently with many organic and inorganic chemicals such as:acids,acrolein, reactions acrylonitrile,chlorinated hydrocarbons(e.g. 1,2 dichloroethylene),chlorine dioxide,maleic anhydride, nitroethane, nitroparaffins,2-nitrophenol, nitropropane,phosphorus, potassium persulfate,and tetrahydrofuran (containing peroxides). Conditions to avoid Direct sources of heat.Avoid high temperatures. Direct sunlight.Avoid contact with incompatible materials. Do not use in areas without adequate ventilation. Do not allow evaporation to dryness. Incompatible materials Metals. Strong oxidizing agents.Acids.Amines.Ammonia. Reducing agents. Nitrites.Organic compounds. Hazardous decomposition None known, refer to hazardous combustion products in Section 5. products In the event of fire the following can be released:Chlorine. Sodium chlorate. 11. Toxicological information Information on likely routes of exposure Inhalation Prolonged inhalation may be harmful.May cause irritation to the respiratory system.May cause severe irritation to the nose,throat,and respiratory tract. Skin contact Causes severe skin burns. Eye contact Causes serious eye damage. Ingestion Causes digestive tract burns. Ingestion may cause severe irritation of the mouth,the esophagus and the gastrointestinal tract. Most important Corrosive to the eyes and may cause severe damage including blindness.Symptoms may include symptoms/effects,acute and stinging,tearing,redness,swelling,and blurred vision. Direct skin contact may cause corrosive delayed skin burns,deep ulcerations and possibly permanent scarring.Can cause severe respiratory irritation. Symptoms may include coughing,choking and wheezing. Inhalation could result in pulmonary edema(fluid accumulation).Symptoms of pulmonary edema(chest pain,shortness of breath) may be delayed. May cause severe irritation and corrosive damage in the mouth,throat and stomach.Symptoms may include abdominal pain,vomiting, burns,perforations,bleeding and eventually death. Information on toxicological effects Material name:Sodium Hypochlorite,10-15%Solution SOS US AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 5/10 7/1/2021 BidSync Exhibit 3 p.65 Page 118 of 136 7. Handling and storage Precautions for safe handling Use only outdoors or in a well-ventilated area.Wear protective gloves/clothing and eye/face protection. Label containers appropriately.When using,do not eat,drink or smoke. Do not taste or swallow. Do not get in eyes, on skin,on clothing.Wash thoroughly after handling.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up.Storage area should be clearly identified,clear of obstruction and accessible only including any incompatibilities to trained and authorized personnel.Avoid ultraviolet(UV) light sources. Inspect periodically for damage or leaks. Store in corrosive resistant container with a resistant inner liner.Store in original tightly closed container. Keep container tightly closed.Store in a well-ventilated place.Store away from and do not mix with incompatible materials such as acids,oxidizers, organics, reducing agents and all metals except titanium. Keep away from food,drink and animal feedingstuffs. 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Sodium hydroxide(CAS PEL 2 mg/m3 1310-73-2) Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 3/10 7/1/2021 BidSync Exhibit 3 p.63 Page 116 of 136 contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Acute toxicity Not expected to be hazardous by OSHA criteria.There is no available data for the product itself, only for the ingredients.See data for individual ingredient acute toxicity data. Components Species Test Results Sodium hydroxide(CAS 1310-73-2) Acute Dermal LD50 Rabbit No Data in Literature Inhalation LC50 Rat No Data in Literature Oral LD50 Rat No Data in Literature Sodium Hypochlorite(CAS 7681-52-9) Acute Dermal LD50 Rabbit >10000 mg/kg Inhalation LC50 Rat >5.25 mg/I/4h Oral LD50 Rat 8910 mg/kg Skin corrosion/irritation Hazardous by OSHA criteria. Causes severe skin burns.Causes severe skin burns and eye damage.Skin corrosion/irritation- Category 1. Serious eye damage/eye Hazardous by OSHA criteria. irritation Causes serious eye damage. Serious eye damage/eye irritation-Category 1 Respiratory or skin sensitization Respiratory sensitization Not expected to be a respiratory sensitizer. Skin sensitizer Not expected to be hazardous by OSHA criteria. Not expected to be a skin sensitizer. May cause an allergic skin reaction(e.g.hives, rash)in some hypersensitive individuals. Germ cell mutagenicity Not expected to be mutagenic. Carcinogenicity This product is not considered to be a carcinogen by IARC,ACGIH,NTP, or OSHA. IARC Monographs.Overall Evaluation of Carcinogenicity Sodium Hypochlorite(CAS 7681-52-9) 3 Not classifiable as to carcinogenicity to humans. OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050) Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ toxicity- Hazardous by OSHA criteria. single exposure May cause respiratory irritation.Specific Target Organ Toxicity(STOT),Single Exposure, Category 3. Specific target organ toxicity- Not classified as a specific target organ toxicity-repeated exposure. repeated exposure Aspiration toxicity Not expected to be an aspiration hazard. Chronic effects Prolonged inhalation may be harmful.Chronic skin contact with low concentrations may cause dermatitis. 12. Ecological information Ecotoxicity Toxic to aquatic life. Components Species Test Results Sodium hydroxide(CAS 1310-73-2) Aquatic Acute Crustacea EC50 Water flea(Ceriodaphnia dubia) 40 mg/I,48 hours Material name:Sodium Hypochlorite, 10-15%Solution SDS US AUC-004 Version#:04 Issue date:12-03-2020 CAM 21-0674 6/10 7/1/2021 BidSync Exhibit 3 p.66 Page 119 of 136 severe respiratory irritation. Symptoms may include coughing,choking and wheezing. Inhalation could result in pulmonary edema(fluid accumulation).Symptoms of pulmonary edema(chest pain,shortness of breath) may be delayed. May cause severe irritation and corrosive damage in the mouth,throat and stomach.Symptoms may include abdominal pain,vomiting, burns,perforations,bleeding and eventually death. Information on toxicological effects Material name:Sodium Hypochlorite,10-15%Solution SOS US AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 5/10 7/1/2021 BidSync Exhibit 3 p.65 Page 118 of 136 7. Handling and storage Precautions for safe handling Use only outdoors or in a well-ventilated area.Wear protective gloves/clothing and eye/face protection. Label containers appropriately.When using,do not eat,drink or smoke. Do not taste or swallow. Do not get in eyes, on skin,on clothing.Wash thoroughly after handling.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up.Storage area should be clearly identified,clear of obstruction and accessible only including any incompatibilities to trained and authorized personnel.Avoid ultraviolet(UV) light sources. Inspect periodically for damage or leaks. Store in corrosive resistant container with a resistant inner liner.Store in original tightly closed container. Keep container tightly closed.Store in a well-ventilated place.Store away from and do not mix with incompatible materials such as acids,oxidizers, organics, reducing agents and all metals except titanium. Keep away from food,drink and animal feedingstuffs. 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Sodium hydroxide(CAS PEL 2 mg/m3 1310-73-2) Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 3/10 7/1/2021 BidSync Exhibit 3 p.63 Page 116 of 136 contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Components Species Test Results Fish LC50 Western mosquitofish (Gambusia affinis) 125 mg/I,96 hours Sodium Hypochlorite(CAS 7681-52-9) Aquatic Acute Crustacea EC50 Water flea(Daphnia magna) 0.169 mg/I,48 hours Fish LC50 Bluegill (Lepomis macrochirus) 0.58 mg/I,96 hours Persistence and degradability Biodegradation is not applicable to inorganic substances. Bioaccumulative potential No accumulation in living organisms is expected due to high solubility and dissociation properties. Mobility in soil High water solubility indicates a high mobility in soil. Other adverse effects No other adverse environmental effects(e.g.ozone depletion,photochemical ozone creation potential,endocrine disruption,global warming potential)are expected from this component. 13. Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose of contents/container in accordance with local/regional/national/international regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user,the producer and the waste disposal company. Waste from residues/unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues.This material and its container must be disposed of in a safe manner(see: Disposal instructions). Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal. Since emptied containers may retain product residue,follow label warnings even after container is emptied. 14. Transport information DOT UN number UN1791 UN proper shipping name HYPOCHLORITE SOLTUTIONS(RQ=100) Transport hazard class(es) Class 8 Subsidiary risk - Label(s) 8 Packing group III Environmental hazards Marine pollutant Yes Special precautions for user Read safety instructions,SDS and emergency procedures before handling. Special provisions 1B3, N34,T4,TP2,TP24 Packaging exceptions 154 Packaging non bulk 203 Packaging bulk 241 This product does meet the definition of a marine pollutant as described in 49 CFR section 171.8. IATA UN number UN1791 UN proper shipping name HYPOCHLORITE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group III Environmental hazards NO ERG Code 8L Special precautions for user Read safety instructions,SDS and emergency procedures before handling. Other information Passenger and cargo Allowed. aircraft Cargo aircraft only Allowed. Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 7/10 7/1/2021 BidSync Exhibit 3 p.67 Page 120 of 136 outh,throat and stomach.Symptoms may include abdominal pain,vomiting, burns,perforations,bleeding and eventually death. Information on toxicological effects Material name:Sodium Hypochlorite,10-15%Solution SOS US AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 5/10 7/1/2021 BidSync Exhibit 3 p.65 Page 118 of 136 7. Handling and storage Precautions for safe handling Use only outdoors or in a well-ventilated area.Wear protective gloves/clothing and eye/face protection. Label containers appropriately.When using,do not eat,drink or smoke. Do not taste or swallow. Do not get in eyes, on skin,on clothing.Wash thoroughly after handling.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up.Storage area should be clearly identified,clear of obstruction and accessible only including any incompatibilities to trained and authorized personnel.Avoid ultraviolet(UV) light sources. Inspect periodically for damage or leaks. Store in corrosive resistant container with a resistant inner liner.Store in original tightly closed container. Keep container tightly closed.Store in a well-ventilated place.Store away from and do not mix with incompatible materials such as acids,oxidizers, organics, reducing agents and all metals except titanium. Keep away from food,drink and animal feedingstuffs. 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Sodium hydroxide(CAS PEL 2 mg/m3 1310-73-2) Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 3/10 7/1/2021 BidSync Exhibit 3 p.63 Page 116 of 136 contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 IMDG UN number UN1791 UN proper shipping name HYPOCHLORITE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group III Environmental hazards Marine pollutant No. EmS F-A,S-B Special precautions for user Read safety instructions,SDS and emergency procedures before handling. Transport in bulk according to Not available. Annex II of MARPOL 73/78 and the IBC Code DOT Jeff \ b tires CORROSIVE 8 IATA;IMDG (W 11'b w 8 Marine pollutant 15. Regulatory information US federal regulations This product is a"Hazardous Chemical"as defined by the OSHA Hazard Communication Standard,29 CFR 1910.1200. All components are on the U.S.EPA TSCA Inventory List. TSCA Section 12(b)Export Notification(40 CFR 707,Subpt. D) Not regulated. CERCLA Hazardous Substance List(40 CFR 302.4) Sodium hydroxide(CAS 1310-73-2) Listed. Sodium Hypochlorite(CAS 7681-52-9) Listed. SARA 304 Emergency release notification Not regulated. Material name:Sodium Hypochlorite, 10-15%Solution sos us AUC-004 Version#:04 Issue date:12-03-2020 CAM 21-0674 8/10 7/1/2021 BidSync Exhibit 3 p.68 Page 121 of 136 used Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues.This material and its container must be disposed of in a safe manner(see: Disposal instructions). Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal. Since emptied containers may retain product residue,follow label warnings even after container is emptied. 14. Transport information DOT UN number UN1791 UN proper shipping name HYPOCHLORITE SOLTUTIONS(RQ=100) Transport hazard class(es) Class 8 Subsidiary risk - Label(s) 8 Packing group III Environmental hazards Marine pollutant Yes Special precautions for user Read safety instructions,SDS and emergency procedures before handling. Special provisions 1B3, N34,T4,TP2,TP24 Packaging exceptions 154 Packaging non bulk 203 Packaging bulk 241 This product does meet the definition of a marine pollutant as described in 49 CFR section 171.8. IATA UN number UN1791 UN proper shipping name HYPOCHLORITE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group III Environmental hazards NO ERG Code 8L Special precautions for user Read safety instructions,SDS and emergency procedures before handling. Other information Passenger and cargo Allowed. aircraft Cargo aircraft only Allowed. Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 7/10 7/1/2021 BidSync Exhibit 3 p.67 Page 120 of 136 outh,throat and stomach.Symptoms may include abdominal pain,vomiting, burns,perforations,bleeding and eventually death. Information on toxicological effects Material name:Sodium Hypochlorite,10-15%Solution SOS US AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 5/10 7/1/2021 BidSync Exhibit 3 p.65 Page 118 of 136 7. Handling and storage Precautions for safe handling Use only outdoors or in a well-ventilated area.Wear protective gloves/clothing and eye/face protection. Label containers appropriately.When using,do not eat,drink or smoke. Do not taste or swallow. Do not get in eyes, on skin,on clothing.Wash thoroughly after handling.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up.Storage area should be clearly identified,clear of obstruction and accessible only including any incompatibilities to trained and authorized personnel.Avoid ultraviolet(UV) light sources. Inspect periodically for damage or leaks. Store in corrosive resistant container with a resistant inner liner.Store in original tightly closed container. Keep container tightly closed.Store in a well-ventilated place.Store away from and do not mix with incompatible materials such as acids,oxidizers, organics, reducing agents and all metals except titanium. Keep away from food,drink and animal feedingstuffs. 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Sodium hydroxide(CAS PEL 2 mg/m3 1310-73-2) Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 3/10 7/1/2021 BidSync Exhibit 3 p.63 Page 116 of 136 contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050) Not listed. Superfund Amendments and Reauthorization Act of 1986(SARA) Hazard categories Immediate Hazard-Yes Delayed Hazard-No Fire Hazard-No Pressure Hazard-No Reactivity Hazard-No SARA 302 Extremely hazardous substance Not listed. SARA 311/312 Hazardous Yes chemical SARA 313(TRI reporting) Not regulated. Other federal regulations Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPs)List Not regulated. Clean Air Act(CAA)Section 112(r)Accidental Release Prevention(40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations US.California Controlled Substances.CA Department of Justice(California Health and Safety Code Section 11100) Not listed. US.Massachusetts RTK-Substance List Sodium hydroxide(CAS 1310-73-2) Sodium Hypochlorite(CAS 7681-52-9) US.New Jersey Worker and Community Right-to-Know Act Sodium hydroxide(CAS 1310-73-2) Sodium Hypochlorite(CAS 7681-52-9) US.Pennsylvania Worker and Community Right-to-Know Law Sodium hydroxide(CAS 1310-73-2) Sodium Hypochlorite(CAS 7681-52-9) US.Rhode Island RTK Sodium hydroxide(CAS 1310-73-2) Sodium Hypochlorite(CAS 7681-52-9) US.California Proposition 65 California Safe Drinking Water and Toxic Enforcement Act of 1986(Proposition 65):This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. International Inventories Country(s)or region Inventory name On inventory(yes/no)" Australia Australian Inventory of Chemical Substances(AILS) Yes Canada Domestic Substances List(DSL) Yes Canada Non-Domestic Substances List(NDSL) No China Inventory of Existing Chemical Substances in China(IECSC) Yes Europe European Inventory of Existing Commercial Chemical Yes Substances(EINECS) Europe European List of Notified Chemical Substances(ELINCS) No Japan Inventory of Existing and New Chemical Substances(ENCS) Yes Korea Existing Chemicals List(ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 9/10 7/1/2021 BidSync Exhibit 3 p.69 Page 122 of 136 ERG Code 8L Special precautions for user Read safety instructions,SDS and emergency procedures before handling. Other information Passenger and cargo Allowed. aircraft Cargo aircraft only Allowed. Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 7/10 7/1/2021 BidSync Exhibit 3 p.67 Page 120 of 136 outh,throat and stomach.Symptoms may include abdominal pain,vomiting, burns,perforations,bleeding and eventually death. Information on toxicological effects Material name:Sodium Hypochlorite,10-15%Solution SOS US AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 5/10 7/1/2021 BidSync Exhibit 3 p.65 Page 118 of 136 7. Handling and storage Precautions for safe handling Use only outdoors or in a well-ventilated area.Wear protective gloves/clothing and eye/face protection. Label containers appropriately.When using,do not eat,drink or smoke. Do not taste or swallow. Do not get in eyes, on skin,on clothing.Wash thoroughly after handling.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up.Storage area should be clearly identified,clear of obstruction and accessible only including any incompatibilities to trained and authorized personnel.Avoid ultraviolet(UV) light sources. Inspect periodically for damage or leaks. Store in corrosive resistant container with a resistant inner liner.Store in original tightly closed container. Keep container tightly closed.Store in a well-ventilated place.Store away from and do not mix with incompatible materials such as acids,oxidizers, organics, reducing agents and all metals except titanium. Keep away from food,drink and animal feedingstuffs. 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Sodium hydroxide(CAS PEL 2 mg/m3 1310-73-2) Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 3/10 7/1/2021 BidSync Exhibit 3 p.63 Page 116 of 136 contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 Country(s)or region Inventory name On inventory(yes/no)" United States&Puerto Rico Toxic Substances Control Act(TSCA) Inventory Yes *A"Yes"indicates that all components of this product comply with the inventory requirements administered by the governing country(s) A"No"indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 12-03-2020 Version# 04 HMIS H:3 F: 0 R: 1 NFPA H:3 F: 0 R: 1 (1151 Maximum use level for Sodium hypochlorite under NSF/ANSI Standard 60-Maximum use in potable water is 84 mg/L for 12.5%bleach and 100 mg/L for 10.5%bleach. NSF/ANSI/CAN ACGIH:American Conference of Governmental Industrial Hygienists CAS:Chemical Abstract Services List of abbreviations CERCLA:Comprehensive Environmental Response,Compensation and Liability Act of 1980 CFR:Code of Federal Regulations DOT: Department of Transportation DSL:Domestic Substance List EC: European Community EINECS:European Inventory of Existing Commercial chemical Substances EPA: Environmental Protection Agency EPCRA:Emergency Planning and Community Right-to-Know Act HSDB®-Hazardous Substances Data Bank IARC: International Agency for Research on Cancer IATA: International Air Transport Association IBC: Intermediate Bulk Container IMDG: International Maritime Dangerous Goods LC: Lethal Concentration LD: Lethal Dose NOEC:No observable effect concentration NTP:National Toxicology Program OECD: Organisation for Economic Cooperation and Development OSHA:Occupational Safety and Health Administration PPE: Personal Protective Equipment RCRA: Resource Conservation and Recovery Act RTECS: Registry of Toxic Effects of Chemical Substances SARA:Superfund Amendments and Reauthorization Act SDS:Safety Data Sheet STEL:Short Term Exposure Limit TLV:Threshold Limit Values TWA:Time Weighted Average Prepared by: ICC The Compliance Center Inc. 1-888-442-9628 http://www.thecompliancecenter.com Disclaimer Disclaimer This Safety Data Sheet was prepared by ICC The Compliance Center Inc. using information provided by/obtained from Allied Universal Corporation and CCOHS'Web Information Service. The information in the Safety Data Sheet is offered for your consideration and guidance when exposed to this product. ICC The Compliance Center Inc.and Allied Universal Corporation expressly disclaim all expressed or implied warranties and assume no responsibilities for the accuracy or completeness of the data contained herein.The data in this SDS does not apply to use with any other product or in any other process. This Safety Data Sheet may not be changed,or altered in any way without the expressed knowledge and permission of ICC The Compliance Center Inc.and Allied Universal Corporation Bibliography Canadian Centre for Occupational Health and Safety,CCInfoWeb Databases,2014 (Chempendium, RTECs, HSDB, INCHEM) European Chemicals Bureau, Existing Chemicals Work Area, EINECS Information System,2014. Material Safety Data Sheet from manufacturer. OECD-The Global Portal to Information on Chemical Substances-eChemPortal,2014. Material name:Sodium Hypochlorite, 10-15%Solution sos us AUC-004 Version#04 Issue date:12-03-2020 CAM 21-0674 10/10 7/1/2021 BidSync Exhibit 3 p.70 Page 123 of 136 tely.When using,do not eat,drink or smoke. Do not taste or swallow. Do not get in eyes, on skin,on clothing.Wash thoroughly after handling.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up.Storage area should be clearly identified,clear of obstruction and accessible only including any incompatibilities to trained and authorized personnel.Avoid ultraviolet(UV) light sources. Inspect periodically for damage or leaks. Store in corrosive resistant container with a resistant inner liner.Store in original tightly closed container. Keep container tightly closed.Store in a well-ventilated place.Store away from and do not mix with incompatible materials such as acids,oxidizers, organics, reducing agents and all metals except titanium. Keep away from food,drink and animal feedingstuffs. 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Sodium hydroxide(CAS PEL 2 mg/m3 1310-73-2) Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 3/10 7/1/2021 BidSync Exhibit 3 p.63 Page 116 of 136 contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12806-372 Bid #12006-372 - Sodium Hypochlorite (CO-OP) Creation Date Jul 19, 2017 End Date Aug 11, 2017 2:00:00 PM EDT Start Date Jul 21, 2017 4:29:31 PM EDT Awarded Date Not Yet Awarded 12006-372--01-01 Sodium Hypochlorite- Tanker Load Supplier Unit Price Qty/Unit Total Price Attch. Docs Allied Universal Corporation[Ad] First Offer- $0.498 2157356/gallon $1,074,363.288 Y Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Odyssey Manufacturing Company I First Offer- $0.522 2157356/gallon I $1,126,139.832 Y Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Brenntag Mid-South Inc. [Ad] First Offer- $0.69 2157356/gallon $1,488,575.64 Y I Y Product Code: Supplier Product Code: 813540 Agency Notes: Supplier Notes: 12006-372-01-02 Sodium hypochlorite- Less than tanker load Supplier Unit Price Qty/Unit Total Price Attch. Docs Allied Universal Corporation[Ad] First Offer- $0.548 180000/gallon $98,640.00 Y Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Odyssey Manufacturing Company I First Offer- $0.68 180000/gallon $122,400.00 Y Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Brenntag Mid-South Inc. [Ad] I First Offer- $0.72 180000/gallon I $129,600.00 I Y Product Code: Supplier Product Code: 813540 Agency Notes: Supplier Notes: Supplier Totals f Allied Universal Corporation [Ad] $1,173,003.288 (2/2 items) Bid Contact Catherine Guillarmod Address 3901 N.W. 115 Ave. CristyM@allieduniversal.com Miami, FL 33178 Ph 305-888-2623 Fax 786-522-0215 Supplier Code 00002648 Agency Notes: Supplier Notes: Head Attch: i f Odyssey Manufacturing Company $1,248,539.832 (2/2 items) Bid Contact Patrick Allman Address 1484 Massaro Blvd. pallman@odysseymanufacturing.com Tampa, FL 33619 Ph 813-635-0339 Fax 813-630-2589 Agency Notes: Supplier Notes: Head Attch: f Brenntag Mid-South Inc. [Ad] $1,618,175.64 (2/2 items) Bid Contact Stephanie Ubach Address 250 Central Florida Parkway subach@brenntag.com Orlando, FL 32824 Ph 800-876-1727 CAM 21-0674 8/1/20017 BidSync Exhibit 3 pp71 Page 124 of 136 nc.and Allied Universal Corporation expressly disclaim all expressed or implied warranties and assume no responsibilities for the accuracy or completeness of the data contained herein.The data in this SDS does not apply to use with any other product or in any other process. This Safety Data Sheet may not be changed,or altered in any way without the expressed knowledge and permission of ICC The Compliance Center Inc.and Allied Universal Corporation Bibliography Canadian Centre for Occupational Health and Safety,CCInfoWeb Databases,2014 (Chempendium, RTECs, HSDB, INCHEM) European Chemicals Bureau, Existing Chemicals Work Area, EINECS Information System,2014. Material Safety Data Sheet from manufacturer. OECD-The Global Portal to Information on Chemical Substances-eChemPortal,2014. Material name:Sodium Hypochlorite, 10-15%Solution sos us AUC-004 Version#04 Issue date:12-03-2020 CAM 21-0674 10/10 7/1/2021 BidSync Exhibit 3 p.70 Page 123 of 136 tely.When using,do not eat,drink or smoke. Do not taste or swallow. Do not get in eyes, on skin,on clothing.Wash thoroughly after handling.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up.Storage area should be clearly identified,clear of obstruction and accessible only including any incompatibilities to trained and authorized personnel.Avoid ultraviolet(UV) light sources. Inspect periodically for damage or leaks. Store in corrosive resistant container with a resistant inner liner.Store in original tightly closed container. Keep container tightly closed.Store in a well-ventilated place.Store away from and do not mix with incompatible materials such as acids,oxidizers, organics, reducing agents and all metals except titanium. Keep away from food,drink and animal feedingstuffs. 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Sodium hydroxide(CAS PEL 2 mg/m3 1310-73-2) Material name:Sodium Hypochlorite, 10-15%Solution SDS us AUC-004 Version#:04 Issue date: 12-03-2020 CAM 21-0674 3/10 7/1/2021 BidSync Exhibit 3 p.63 Page 116 of 136 contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Flonda Department of State in accordance with Flonda Statutes,pnor to entering into a contract with the City 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copynghted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City If the Contractor uses any design,device,or materials covered by letters,patent or copynght,it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs ansmg from the use of such design,device,or materials in any way involved in the work CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12606-372 Fax 407-851-3512 Agency Notes: Supplier Notes: Head Attch: 8 ** CAM 21-0674 B/1/20017 BidSync Exhibit 3 pp72 Page 125 of 136 Page 107 of 136 Page 105 of 136 Page 94 of 136 under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Cristhianne Munguia Name(printed) Sig ature 6/23/21 Bid Coordinator Date Title Revised 4/28/2020 CAM 21-0674 6/8/2021 2.13 PM BidSync Exhibit 3 p.86 Page 93 of 136 END OF SECTION CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.29 Page 82 of 136 City of Fort Lauderdale 12525-312 CITY OF FORT LAUDERDALE GENERAL CONDITIONS These instructions and conditions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division. The City may delete,supersede,or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid(ITB)Special Conditions,Technical Specifications,Instructions,Pioposal Pages,Addenda,and Legal Advertisement In this general conditions document,Invitation to Bid(ITB), Request for Qualifications(RFQ),and Request for Proposal(RFP)are Interchangeable PART I BIDDER PROPOSAL PAGE(S)CONDITIONS: 1.01 BIDDER ADDRESS The City maintains automated vendor address lists that have been genetated for each specific Commodity Class item through our bid issuing service,BidSync Notices of Invitations to Bid(ITB'S)are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed(if applicable)to every vendor on those lists,who may then view the bid documents online Bidders who have been informed of a bids availability m any other manner are responsible for registering with BidSync in order to view the bid documents There is no fee for domg so If you wish bid notifications be provided to another e-mail address or fax, please contact BidSync.If you wish purchase orders sent to a different address,please so indicate in your bid response If you wish payments sent to a different address,please so indicate on your invoice. 1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB The City reserves the nght to cancel any orders,or part thereof,without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor,to attach all packing slips to the OUTSIDE of each shipment Packing slips must provide a detailed descnption of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment teens,unless otherwise stated m this ITB,will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified,whichever occurs last Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award If a Bidder offers a discount,it is understood that the discount time will be computed from the date of satisfactory delivery,at the place of acceptance,and receipt of correct invoice,at the office specified,whichever occurs last. 1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid,such discount shall be deducted from the total of the firm net mint pnces bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants,by virtue of bidding,that the bid and the pnces quoted in the bid will be firm for acceptance by the City for a penod of one hundred twenty(120)days from the date of bid opening unless otherwise stated in the ITB. 1.07 VARIANCES: For purposes of bid evaluation,Bidder's must indicate any variances,no matter how slight,from ITB General Conditions,Special Conditions, Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such vanances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages If vanances are not stated,or referenced as required,it will be assumed that the product or service fully complies with the City's terms,conditions,and specifications. By teeming a bid,City does not necessarily accept any vanances contained in the bid All variances submitted are subject to ieview and approval by the City If any bid contains matenal variances that,in the City's sole opinion,make that bid conditional in nature,the City reserves the nght to reject the bid or part of the bid that is declared by the City as conditional. 1.08 NO BIDS: If you do not intend to bid please indicate the reason,such as insufficient time to respond,do not offer product or service,unable to meet specifications, schedule would not permit,or any other reason,in the space provided in this ITB. Failure to bid or return no bid comments pnor to the bid due and opening date and time,indicated in this ITB,may result in your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase the participation of Minority Business Enterpnses(MBE),Women Business Enterprises(WBE),and Small Business Enterpnses(SBE)in its procurement activities If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB. Minonty Business Enterprise(MBE)"A Minority Business"is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons Such disadvantage may anse from cultural,racial,chronic economic circumstances or background or other similar cause Such persons include,but are not limited to Blacks,Hispanics,Asian Americans,and Native Ainencans The term"Minonty Business Enterpnse"means a busmess at least 51 percent of which is owned by minonty group members or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by irunonty group members For the purpose of the preceding sentence,minority group members are citizens of the United States who include,but are not limited to Blacks,Hispanics,Asian Americans,and Native Americans Women Business Enterprise(WBE)a"Women Owned or Controlled Business"is a business enterpnse at least 51 percent of which is owned by females or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by females Small Business Enterprise(SBE)"Small Business"means a corporation,partnership,sole piopnetorship,or other legal entity formed for the purpose of making a profit,which is independently owned and operated,has either fewer than 100 employees or less than$1,000,000 in annual gross receipts BLACK,which includes persons having ongins in any of the Black racial groups of Africa CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.73 Page 126 of 136 k CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 WHITE,which includes persons whose ongms are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC,which includes persons of Mexican,Puerto Rican,Cuban,Central and South Amencan,or other Spanish culture or origin,regardless of race NATIVE AMERICAN,which includes persons whose origins are American Indians,Eskimos,Aleuts,or Native Hawaiians. ASIAN AMERICAN,which includes persons having origin in any of the anginal peoples of the Far East,Southeast Asia,the Indian subcontinent,or the Pacific Islands. 1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desire of the City of Fort Lauderdale to increase the participation of minority(MBE)and women-owned(WBE)businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place,it is comnutted to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative descnbing their past accomplishments and intended actions in this area. If proposers are considering minority or women owned enterprise participation in their proposal,those finns,and their specific duties have to be identified in the proposal. If a proposer is considered for award,he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract 1.11 SCRUTINIZED COMPANIES As to any contract for goods or services of$1 million or more and as to the renewal of any contract for goods or services of$1 million or more,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,and that it does not have business operations in Cuba or Syria,as provided in section 287 135,Flonda Statutes(2019),as may be amended or revised. As to any contract for goods or services of any amount and as to the renewal of any contract for goods or services of any amount,the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215 4725, Florida Statutes(2019),and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection(5)of section 287 135,Florida Statutes(2019),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(2019),or is engaged in a boycott of Israel,or has been engaged in business operations in Cuba or Syna,as defined in Section 287.135,Florida Statutes(2019),as may be amended or revised. Rev 2/2020 Page 1 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or proposer certifies,by submission of a response to this solicitation,that neither it nor its pnncipals and subcontractors are presently debarred or suspended by any Federal department or agency. Part II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions,special conditions,technical specifications,instructions to bidders, addenda and any other document used in the bidding process INVITATION TO BID(ITB)The solicitation document used for soliciting competitive sealed bids for goods or services INVITATION TO NEGOTIATE(ITN)All solicitation documents,regardless of medium,whether attached to or incorporated by reference in solicitations for responses from firms that invite proposals from interested and qualified firms so the city may enter into negotiations with the firm(s)determined most capable of providing the required goods or services REQUEST FOR PROPOSALS(RFP)A solicitation method used for soliciting competitive sealed proposals to determine the best value among proposals for goods or services for which price may not be the prevailing factor in award of the contract,or the scope of work,specifications or contract terms and conditions may be difficult to define.Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal using identified and generally weighted evaluation criteria RFPs may include price critena whenever feasible,at the discretion of the city. REQUEST FOR QUALIFICATIONS(RFQ)A solicitation method used for requesting statements of qualifications in order to determine the most qualified proposer for professional services BID—a price and terms quote received in response to an ITB PROPOSAL—a proposal received in response to an RFP BIDDER—Person or firm submitting a Bid. PROPOSER—Person or firm submitting a Proposal. RESPONSIVE BIDDER—A firm who has submitted a bid,offer,quote,or response which conforms in all material respects to the competitive solicitation document and all of its requnements. RESPONSIBLE BIDDER—A firm who is fully capable of meeting all requirements of the solicitation and subsequent contract The respondent must possess the full capability,including financial and technical,ability,business judgment,experience,qualifications,facilities,equipment,integrity,capability,and reliability,in all respects to perform fully the contract requirements and assure good faith performance as determined by the city. FIRST RANKED PROPOSER—That Proposer,responding to a City RFP,whose Proposal is deemed by the City,the most advantageous to the City after applying the evaluation cntena contained in the RFP SELLER—Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR—Any firm having a contract with the city Also referred to as a"Vendor". CONTRACT—All types of agreements,including purchase orders,for procurement of supplies,services,and construction,regardless of what these agreements may be called CONSULTANT—A firm providing professional services for the city. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.74 Page 127 of 136 in annual gross receipts BLACK,which includes persons having ongins in any of the Black racial groups of Africa CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.73 Page 126 of 136 k CAM 21-0674 6/5/2021 2:13 PM BidSync Exhibit 3 p.35 Page 88 of 136 age 87 of 136 of materials that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled CAM 21-0674 2/8/2021 2:13 PM BidSync Exhibit 3 p.22 Page 85 of 136 City of Fort Lauderdale 12525-312 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions,then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration,bids must be received prior to the bid opening date and time Unless otherwise specified, Bidders should use the proposal forms provided by the City These forms may be duplicated,but failure to use the forms may cause the bid to be rejected Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink All information submitted by the Bidder shall be printed,typewritten or filled m with pen and ink Bids shall be signed in ink Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified Only send bids via facsimile transmission(FAX)if the ITB specifically states that bids sent via FAX will be considered If such a statement is not included in the ITB,bids sent via FAX will be rejected Bids will be publicly opened in the Procurement Office,or other designated area,in the presence of Bidders,the public,and City staff Bidders and the public are invited and encouraged to attend bid openings Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect,or no longer available and replaced with an updated model with new specifications,the Bidder shall enter the correct model number on the bidder proposal page In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements 3.03 PRICES QUOTED: Deduct trade discounts,and quote firm net pnces Give both unit pnce and extended total In the case of a discrepancy in computing the amount of the bid,the umt price quoted will govern All pnces quoted shall be F 0 B.destination,freight prepaid(Bidder pays and bears freight charges,Bidder owns goods in transit and files any claims),unless otherwise stated m Special Conditions Each item must be bid separately No attempt shall be made to tie any item or items contained m the ITB with any other business with the City 3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property Exemption number for EIN is 59-6000319,and State Sales tax exemption number is 85-8013875578C-1. 3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise 3.06 APPROVED EQUAL: When the technical specifications call for a brand name,manufacturer,make,model,or vendor ratalog number with acceptance of APPROVED EQUAL,it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City In such cases,the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City,the Bidder must state clearly in the bid any variance from those specifications It is the Bidder's responsibility to provide adequate information,in the bid,to enable the City to ensure that the bid meets the required cntena If adequate information is not submitted with the bid,it may be rejected The City will be the sole judge in determining if the item bid qualifies as an approved equal 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum,mandatory, or required If any Bidder is unable to meet or exceed these items,and feels that the technical specifications are overly restrictive,the bidder must notify the Procurement Services Division immediately Such notification must be received by the Procurement Services Division pnor to the deadline contained in the ITB,for questions of a matenal nature,or prior to five(5)days before bid due and open date,whichever occurs first If no such notification is received pnor to that deadline, the City will consider the technical specifications to be acceptable to all bidders 3.08 MISTAKES: Bidders are cautioned to exanune all terms,conditions,specifications,drawings,exhibits,addenda,delivery instructions and special conditions pertaining to the ITB Failuie of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability Unless otherwise specified in Special Conditions,samples shall be requested after the date of bid opening,and if requested should be received by the City within seven(7)working days of request Samples,when requested,must be furnished free of expense to the City and if not used in testing or destroyed,will upon request of the Bidder,be returned within thirty (30)days of bid award at Bidder's expense When required,the City may request full demonstrations of units prior to award When such demonstrations are requested,the Bidder shall respond promptly and arrange a demonstration at a convenient location Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid Rev 2/2020 Page 2 3.10 LIFE CYCLE COSTING: If so specified in the ITB,the City may elect to evaluate equipment proposed on the basis of total cost of ownership In using Life Cycle Costing,factors such as the following may be considered, estimated useful life,maintenance costs,cost of supplies,labor intensity,energy usage,environmental impact,and residual value The City reserves the right to use those or other applicable criteria,in its sole opinion that will most accurately estimate total cost of use and ownership 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concems,the City of Fort Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content When submitting bids containing items with recycled content,Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated m the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.75 Page 128 of 136 City of Fort Lauderdale 12525-312 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts,if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged m providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities,equipment,personnel,and organization at any time,or to take any other action necessary to determine Bidder's ability to perform The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security,it shall be submitted m the amount stated. A bid security can be in the form of a bid bond or cashier's check Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond,if required;acceptance of insurance coverage,if required;and full execution of contract documents,if required;or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDS/TRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law,which is subject to disclosure by the City under the State of Flonda Public Records Law,Florida Statutes Chapter 119 07("Public Records Law"). The City shall permit public access to all documents,papers,letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP,subject to the provisions of Chapter 119 07 of the Flonda Statutes Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP,except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law,shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Flonda Statutes Chapter 119 07("Public Records Laws"),the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret.The city's determination of whether an exemption applies shall be final,and the proposer agrees to defend,mdemrufy,and hold harmless the City and the City's officers,employees,and agents,against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records In addition,the proposer agrees to defend,indemnify,and hold harmless the City and the City's officers,employees,and agents,against any loss or damages incurred by any person or entity as a result of the City's treatment of records as exempt from disclosure or confidential Proposals bearing copyright symbols or otherwise purporting to be subject to copyright protection in full or in part may be rejected. The proposer authorizes the City to publish,copy,and reproduce any and all documents submitted to the City bearing copyright symbols or otherwise purporting to be subject to copyright protection. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW,DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials,officers or employees affiliated with it,unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue Bidders must disclose any such affiliation Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the nght to accept or reject any or all bids,part of bids,and to waive minor irregularities or variations to specifications contained in bids,and minor irregularities in the bidding process. The City also reserves the nght to award the contract on a split order basis,lump sum basis,individual item basis,or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms,conditions,and specifications of the ITB and whose bid is considered to best serve the City's interest.In determining the responsiveness of the offer and the responsibility of the Bidder,the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required,whether the Bidder can perform promptly,or within the time specified,without delay or interference;the character,integnty,reputation,judgment,experience and efficiency of the Bidder,the quality of past performance by the Bidder,the previous and existing compliance by the Bidder with related laws and ordinances;the sufficiency of the Bidder's financial resources;the availability,quality and adaptability of the Bidder's supplies or services to the required use;the ability of the Bidder to provide future maintenance,service or parts,the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period,the City reserves the nght,in the event the selected bidder does not perform satisfactorily,to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder,if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re-bid,at the sole option of the City. 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal,state,county laws,and local ordinances,rules and regulations,shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s)submitting a bid response hereto and the City by and through its officers,employees and authorized representatives,or any other person,natural or otherwise,and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof 3.19 BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city's procurement ordinance or any applicable law may protest to the chief procurement officer,by delivering a letter of protest to the director of finance within five(5)days after a notice of intent to award is posted on the city's web site at the following url https//www.fortlauderdale gov/departments/fmance/procurement-services/notices- of-intent-to-award The complete protest ordinance may be found on the city's web site at the following url• https://library mumcode.com/fl/fort lauderdale/codes/code_of ordinances? nodeid=coor_ch2ad_artvfi_div2pr_s2-182direpi PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions,the Contractor shall within fifteen(15)working days after notification of award,furnish to the City a Performance Bond,payable to the City of Fort Lauderdale,Florida,in the face amount specified in Special Conditions as surety for faithful CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.76 Page 129 of 136 City of Fort Lauderdale 12525-312 performance under the terms and conditions of the contract If the bond is on an annual coverage basis,renewal for each succeeding year shall be subnutted to the City thirty(30)days pnor to the temmnation date of the existing Performance Bond The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Flonda and having a resident agent Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. Rev 2/2020 Page 3 4.02 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary Insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager pnor to engagmg in any activities under this contract The Contractor's insurance is subject to the approval of the City's Risk Manager The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance and shall have no less than thirty(30)days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder,by submitting the bid,agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 COMPLIANCE WITH SPECIFICATIONS,LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance with bid specifications Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense Any violation resulting in contract termination for cause or delivery of items not conforming to specifications,or late delivery may also result in - Bidder's name being removed from the City's bidder's mailing list for a specified penod and Bidder will not be recommended for any award during that penod - All City Departments being advised to refrain from doing business with the Bidder - All other remedies in law or equity 5.02 ACCEPTANCE,CONDITION,AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the matenal accepted to the satisfaction of the City The material must comply fully with the terms of the ITB,be of the requued quality,new, and the latest model All containers shall be suitable for storage and shipment by common carrier,and all pnces shall include standard commercial packaging The City will not accept substitutes of any kind Any substitutes or matenal not meeting specifications will be returned at the Bidder's expense Payment will be made only after City receipt and acceptance of materials or services 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended 5.04 ASBESTOS STATEMENT: All matenal supplied must be 100%asbestos free Bidder,by virtue of bidding,certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100%asbestos free 5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB,the bidder may,if the bidder has sufficient capacity or quantities available,provide to other governmental agencies,so requesting,the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O B delivered to the requesting agency 5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations,decisions,or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in wnting from an authonzed City representative may be considered Only wntten communications from Contractors,which are assigned by a person designated as authonzed to bind the Contractor,will be recognized by the City as duly authorized expressions on behalf of Contractors 5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor,and not as officers,employees,or agents of the City Personnel policies,tax responsibilities, social security,health insurance,employee benefits,procurement policies unless otherwise stated in this ITB,and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor 5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall protect and defend at Contractor'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, fines,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 Without limiting the foregoing,any and all such claims,suits,or other actions relating to personal injury,death,damage to property,defects in materials or workmanship,actual or alleged violations of any applicable statute,ordmance,administrative order,rule or regulation,or decree of any court shall be included in the indemnity hereunder. 5.09 TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement,or if the Contractor shall violate any of the provisions of this Agreement,the City may upon written notice to the Contractor terminate the nght of the Contractor to proceed under this Agreement,or with such part or parts of the Agreement as to which there has been default,and may hold the Contractor liable for any damages caused to the City by reason of such default and termination In the event of such termination,any completed services performed by the Contractor under this Agreement shall,at the option of the City,become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.77 Page 130 of 136 ging consisting of materials that are degradable or able to be recycled. When specifically stated m the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.75 Page 128 of 136 City of Fort Lauderdale 12525-312 the City The Contractor,however,shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined 5.10 TERMINATION FOR CONVENIENCE: The City reserves the right,in the City's best interest as determined by the City,to cancel any contract by giving written notice to the Contractor thirty(30)days pnor to the effective date of such cancellation. 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropnated in a current fiscal penod,and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds,unless otherwise authorized by law. 5.12 RECORDS/AUDIT: 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 The Contractor agrees to make available to the City Auditor or the City Auditor's designee,dunng normal business hours and in Broward,Miami-Dade or Palm Beach Counties,all books of account,reports,and records relating to this contract The Contractor shall retain all books of account,reports,and records relating to this contract for the duration of the contract and for three years after the final payment under this Agreement,until all pending audits,investigations or litigation matters relating to the contract are closed,or until expiration of the records retention penod prescribed by Florida law or the records retention schedules adopted by the Division of Library and Information Services of the Flonda Department of State,whichever is later 5.13 PERMITS,TAXES,LICENSES: The successful Contractor shall,at his/her/its own expense,obtain all necessary permits,pay all licenses,fees and taxes,required to comply with all local ordinances,state and federal laws,rules and regulations applicable to busmess to be carried out under this contract 5.14 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal,state,local and municipal laws,ordmances rules and regulations that would apply to this contract NON-DISCRIMINATION The Contractor shall not,in any of its activities,including employment,drscnminate against any individual on the basis of race,color, national ongrn,age,religion,creed,sex,disability,sexual onentation,gender,gender identity,gender expression,marital status,or any other protected classification as defined by applicable law. 1 The Contractor certifies and represents that the Contractor will comply with Section 2-187,Code of Ordinances of the City of Fort Lauderdale,Florida,(2019),as may be amended or revised,("Section 2-187"),during the entire term of this Agreement 2 The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3 The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedmgs will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Florida. Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented. The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1. The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the temmniation of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifymg Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authonzed to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Florida Department of State in accordance with Florida Statutes,prior to entering into a contract with the City. 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copyrighted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City.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 any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.78 Page 131 of 136 ng of materials that are degradable or able to be recycled. When specifically stated m the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.75 Page 128 of 136 City of Fort Lauderdale 12525-312 5.18 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the pnor written consent of the City Any award issued pursuant to this ITB,and the monies,which may become due hereunder,are not assignable except with the pnor written approval of the City Commission or the City Manager or City Manager's designee,depending on original award approval 5.19 GOVERNING LAW;VENUE: The Contract shall be governed by and construed in accordance with the laws of the State of Florida Venue for any lawsuit by either party against the other party or otherwise arising out of the Contract,and for any other legal proceeding,shall be in the courts in and for Biowaid County, Flonda,or in the event of federal jurisdiction,in the Southern District of Flonda 5.20 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 PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE,FORT LAUDERDALE,FLORIDA 33301. Contractor shall comply with public records laws,and Contractor shall 1 Keep and maintain public records required by the City 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,Flonda Statutes(2019),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 the contract 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 the 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 the 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 format that is compatible with the information technology systems of the City Rev 2/2020 Page 5 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.79 Page 132 of 136 f this Agreement 2 The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3 The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedmgs will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Florida. Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented. The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1. The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the temmniation of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifymg Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authonzed to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Florida Department of State in accordance with Florida Statutes,prior to entering into a contract with the City. 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copyrighted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City.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 any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.78 Page 131 of 136 ng of materials that are degradable or able to be recycled. When specifically stated m the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.75 Page 128 of 136 City of Fort Lauderdale 12525-312 NON-COLLUSION STATEMENT: By signing this offer,the vendor/contractor certifies that this offer is made independently and free from collusion.Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in,the vendors business,who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity,or if they otherwise stand to personally gain if the contract is awarded to this vendor. In accordance with City of Fort Lauderdale,FL Policy and Standards Manual,6.10.8.3, 3.3.City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest(e.g.ownership of five(5)percent or more). 3.4.Immediate family members(spouse,parents and children)are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names,the City shall interpret this to mean that the vendor has indicated that no such relationships exist. Cristhianne Munguia Bid Coordinator Authorized Signature Title Cristhianne Munguia 6/8/21 Name(Printed) Date CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.80 Page 133 of 136 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 the 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 the 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 format that is compatible with the information technology systems of the City Rev 2/2020 Page 5 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.79 Page 132 of 136 f this Agreement 2 The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3 The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedmgs will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Florida. Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented. The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1. The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the temmniation of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifymg Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authonzed to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Florida Department of State in accordance with Florida Statutes,prior to entering into a contract with the City. 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copyrighted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City.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 any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.78 Page 131 of 136 ng of materials that are degradable or able to be recycled. When specifically stated m the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.75 Page 128 of 136 City of Fort Lauderdale 12525-312 CONTRACT PAYMENT METHOD The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to credit card payments via MasterCard or Visa as part of this program. This allows you as a vendor of the City of Fort Lauderdale to receive your payments fast and safely. No more waiting for checks to be printed and mailed. In accordance with the contract, payments on this contract will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, bidders must presently have the ability to accept these credit cards or take whatever steps necessary to implement acceptance of a card before the start of the contract term, or contract award by the City. All costs associated with the Contractor's participation in this purchasing program shall be borne by the Contractor. The City reserves the right to revise this program as necessary. By signing below you agree with these terms. Please indicate which credit card payment you prefer: u MasterCard i Visa Allied Universal Corporation Company Name Cristhianne Munguia Cristhianne Munguia Name (Printed) Signature 6/8/21 Bid Coordinator Date Title CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.81 Page 134 of 136 ect to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names,the City shall interpret this to mean that the vendor has indicated that no such relationships exist. Cristhianne Munguia Bid Coordinator Authorized Signature Title Cristhianne Munguia 6/8/21 Name(Printed) Date CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.80 Page 133 of 136 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 the 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 the 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 format that is compatible with the information technology systems of the City Rev 2/2020 Page 5 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.79 Page 132 of 136 f this Agreement 2 The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement,entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3 The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4 The City may retain all monies due or to become due until the Contractor complies with Section 2-187 5 The Contractor may be subject to debarment or suspension proceedings Such proceedmgs will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale,Florida. Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented. The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1. The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the temmniation of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifymg Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authonzed to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Florida Department of State in accordance with Florida Statutes,prior to entering into a contract with the City. 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copyrighted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City.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 any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.78 Page 131 of 136 ng of materials that are degradable or able to be recycled. When specifically stated m the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.75 Page 128 of 136 City of Fort Lauderdale 12525-312 BID/PROPOSAL CERTIFICATION Please Note: It is the sole responsibility of the bidder to ensure that his bid is submitted electronically through www.BidSync.com prior to the bid opening date and time listed. Paper bid submittals will not be accepted. 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 http://www.dos.state.fl.us/). Company: (Legal Registration)Allied Universal CorporationElN (Optional): Address: 3901 NW 115 Avenue City: MiamiState: FL Zip: 33178 Telephone No.:305-888-2623 Ext.0125FAX No.: 786-522-0215Email: Bids@Allieduniversal.com Delivery: Calendar days after receipt of Purchase Order(section 1.02 of General Conditions): 14 Total Bid Discount(section 1.05 of General Conditions): N/A Check box if your firm qualifies for MBE/SBE/WBE(section 1.09 of General Conditions): 0 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 1 6/11/21 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 N/A. You must also click the "Take Exception" button. N/A 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 contained in this competitive solicitation. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.82 Page 135 of 136 of the City of Fort Lauderdale,Florida. Rev 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost in providing the required pnor items or services,then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances The circumstances must be beyond the control of the Contractor,and the requested adjustments must be fully documented. The City may,after examination,refuse to accept the adjusted costs if they are not properly documented,increases are considered to be excessive,or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options. 1. The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or Contractor The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2 The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the temmniation of the contract term then in effect 3 If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action under law or equity Such action shall include,but not be limited to,declaring the Contractor in default and disqualifymg Contractor from receiving any business from the City for a stated penod of time If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authonzed to bind the City in such matters 5.16 ELIGIBILITY: If applicable,the Contractor must first register with the Florida Department of State in accordance with Florida Statutes,prior to entering into a contract with the City. 5.17 PATENTS AND ROYALTIES: The Contractor,without exception,shall defend,indemnify,and hold harmless the City and the City's employees,officers,employees, volunteers,and agents from and against liability of any nature and kind,including cost and expenses for or on account of any copyrighted,patented or un-patented invention, process,or article manufactured or used in the performance of the contract,including their use by the City.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 any and all royalties or costs arising from the use of such design,device,or materials m any way involved in the work. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.78 Page 131 of 136 ng of materials that are degradable or able to be recycled. When specifically stated m the ITB,the City may give preference to bids containing items manufactured with recycled matenal or packaging that is able to be recycled. CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.75 Page 128 of 136 City of Fort Lauderdale 12525-312 Submitted by: Cristhianne Munguia Cristhianne Munguia Name(printed) Signature 6/11/21 Bid Coordinator Date Title Revised 4/28/2020 CAM 21-0674 7/1/2021 BidSync Exhibit 3 p.83 Page 136 of 136 of 136 under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Cristhianne Munguia Name(printed) Sig ature 6/23/21 Bid Coordinator Date Title Revised 4/28/2020 CAM 21-0674 6/8/2021 2.13 PM BidSync Exhibit 3 p.86 Page 93 of 136 END OF SECTION CAM 21-0674 6/8/2021 2:13 PM BidSync Exhibit 3 p.29 Page 82 of 136