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R-2023-123 Award of ITB 23-016 for Event Equipment Rental to Fiesta Carousel and Sunshine Tents and Events
RESOLUTION NO. 2023-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AWARD OF CITY INVITATION TO BID NO. 23-016 FOR EVENT EQUIPMENT RENTAL TO FIESTA CAROUSEL, INC. AND SUNSHINE TENTS AND EVENTS RENTAL, LLC, WHICH MAY EXCEED AN ANNUAL VENDOR THRESHOLD TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); AUTHORIZING EXECUTION OF AN AGREEMENT WITH BOTH VENDORS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 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 $50,000.00; and WHEREAS, the City of Dania Beach desires to enter into a contract with two qualified vendors to provide event equipment rental on an as needed basis for various City special events; and WHEREAS, the City published Invitation to Bid (ITB) No. 23-016 for Event Equipment Rental on July 24, 2023 and the City received two responses from Fiesta Carousel, Inc. and Sunshine Tents and Events Rental (the "Vendors"); and WHEREAS, the responses were opened on August 14, 2023 at 1:00 p.m. and the Evaluation Committee, consisting of the Deputy Director of Parks and Recreation, the Special Events Manager, and the Parks and Recreation Superintendent, reviewed and evaluated the responses; and WHEREAS, the City Administration recommends that the City Commission select both of the Vendors for ITB No. 23-016 as the most qualified and responsive proposers and authorize the proper City officials to execute agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ❑ANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute agreements with the Vendors, a copy of which Agreements are attached as Exhibit "A" and Exhibit "B" and made a part of and incorporated into this Resolution by this reference, with pricing determined by the Bid Forms. Section 3. That funding is budgeted in the Special Events Division Promotional Activities Account No. 001-72-09-574-48-10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective immediately upon passage. PASSED AND ADOPTED on r 92023. Motion by ��l7tl�l - �Y}E'$ , second by 1� FINAL VOTE ON ADOPTION: Commissioner Joyce Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen 41f �S Mayor Archibald J. Ryan IV ATTEST• ELORA RIERA. C CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: 2 RESOLUTION #2023- 1 2b AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on 20l, between the City of Dania Beach, Florida, a Florida municipal corporation, (the "City") with an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Sunshine Tents & Event Rentals LLC, ("Contractor") a Florida limited liability company with a mailing address of 2322 SW 58`h Terrace, West Park, Florida 33023, for services related to City Invitation to Bid ("ITB") No. 23-016 entitled, "Event Equipment Rental". WITNESSETH: 1n consideration of the mutual covenants, terms and conditions contained in this Agreement, and for other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows: ARTICLE 1 PREMARLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions of the respective parties herein, the following statements, representations and explanations shall he accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 On July 24, 2023, the CITY advertised its notice to bidders of the CITY's desire to hire a CONTRACTOR to provide Event Equipment Rental Services as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, for the said bid entitled: ITB NO.23-016 "EVENT EQUIPMENT RENTAL" 1.2 On August 14, 2023, the bids were opened at Dania Beach City Hall, 100 Dania Beach Boulevard, Northwest Conference Room. 1.3 On the 26`' day of September 2023, the CITY awarded the bid to CONTRACTOR and approved an agreement with CONTRACTOR consistent with the terms and conditions set forth herein. ARTICLE 2 SERVICES AND RESPONSIBILITIES 23 CONTRACTOR hereby agrees to provide the services for event equipment rental, as more particularly described in Exhibit "B" attached hereto and by this reference made a part hereof, in accordance with the Scope of Services outlined in the Bid, "Event Equipment Rental", attached hereto and made a part hereof as Exhibit "A" and CONTRACTOR's response thereto, attached hereto and made a part hereof as Exhibit "B". CONTRACTOR agrees to do everything required by this Agreement, the Sealed Bid Package, Addenda to this Agreement, and Commission award complete with proposal form. In the event of any conflicts between this Agreement, Exhibit A and Exhibit B, this Agreement shall prevail, followed by Exhibit A. 2.2 CONTRACTOR shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 2.3 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. 2.4 CONTRACTOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional standards of good engineering practice. If within one year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises CONTRACTOR thereof in writing, CONTRACTOR agrees to re -perform such deficient services without charge to the CITY. 2.5 CONTRACTOR shall not utilize the services of any sub -Contractor without the prior written approval of CITY. ARTICLE 3 TERM AND TERMINATION 3.1 The term of this Agreement shall be for three (3) years, commencing on October 1, 2023 and terminating on September 30, 2026. 3.2 Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the CONTRACTOR notice by certified mail, return receipt requested, directed to the principal office of the CONTRACTOR, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the CONTRACTOR shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with CONTRACTOR. 3.3 Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide CONTRACTOR twenty (20) days' advance written notice to the CONTRACTOR. If CONTRACTOR promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated and the City will pay CONTRACTOR for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines 2 that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. ARTICLE 4 COMPENSATION AND METHOD OF PAYMENT Pa -merit for Services. City agrees to pay CONTRACTOR. a fee or fees as determined based upon the scope of work identified by the City to provide services related to the specified project. There will be a not -to -exceed amount of One Hundred Fifty Thousand Dollars ($150,000.00) per year for the term of this Agreement. No travel and meal costs will he reimbursable. Prior to seeking any services outside of CONTRACTOR's scope and pricing as identified in Exhibit "A", as "Costs not included with proposal", CONTRACTOR shall adhere to the foregoing: 4.1. Any necessary additional work, as determined by City, which is not covered by the scope of service, shall not be undertaken without a written amendment to authorizing a Work Order executed by both parties in advance of any new or additional work. 4.2. CONTRACTOR shall submit its invoices in the format and with supporting documentation as may be required by City. 4.3. The City shall pay CONTRACTOR monthly for services rendered within thirty (30) calendar days from date of approval of each of CONTRACTOR's invoices by the City Manager, up to the maximum amount of the proposal contained in Exhibit A. if any errors or omissions are discovered in any invoice, City will inform CONTRACTOR and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. 4A. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. ARTICLE 5 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 5.1 CITY or CONTRACTOR may request changes that would increase, decrease, or otherwise modify the Scope of Services, as described in Exhibit "A," to be provided under this Agreement as described in Article 2 of this Agreement. These changes will affect the monthly compensation accordingly. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY, and must be contained in a written amendment, executed by the parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. 5.2 in no event will the CONTRACTOR be compensated for any work which has not been described in a separate written agreement executed by the parties hereto. ARTICLE 6 INDEMNIFICATION The CONTRACTOR shall, in addition to any other obligation, to indemnify the Owner and to the fullest extent permitted by law, indemnify and hold harmless the Owner, including its employees from and against claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: 6.1 bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged negligent act, error or omission of the CONTRACTOR or its subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; 6.2 violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent, copyright or trademark rights by CONTRACTOR or its subcontractors in the performance of the work; 6.3 liens, claims, actions made by the CONTRACTOR or its subcontractors or other party performing the work; 6.4 claims related to collection practices or any actions of a contradictory nature pursuant to Contract or in an attempt to collect monies due or claimed to be due to the Owner. 6.5 The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by the CONTRACTOR and that Florida Statutes §725.06 requires a specific consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by CONTRACTOR. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. ARTICLE 7 INSURANCE 7.1 Insurance Required Before Commencement of Work: The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Section, and not until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work on any subcontract until the Subcontractor and all Coverages required of any Subcontractor have been obtained and approved by the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy deductibles and self -insured retentions. 4 7.2 Insurance Requirements: Coverages shall be in force until all Work required to be performed under the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE 1N COVERAGE SHALL BE NON -EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE BID DOCUMENTS CONCERNING CONTRACTOR DELAY. 7.3 Required Minimum Coverages: The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The CONTRACTOR shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible amounts. 7.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. T5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance) - a. Annual Aggregate shall apply "Per Job"; b. "The City of Dania Beach, Florida" is added as a named "Additional Insured"; c. Additional Insured status is included for Products completed operations coverage for a period of no less than five (5) years following the completion of the Work or Project; d. Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 2037 (07 04); e. Contractor's insurance shall be primary and non-contributory; f. Waiver of Subrogation in favor of the City; g. 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and h. Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. 5 7.6 WORKERS' COMPENSATION INSURANCE must be provided for all persons fulfilling this agreement whether employed, contracted, temporary, or subcontracted for the life of the agreement, including any applicable warranty period(s), and it is to apply to all "statutory employees" of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. 7.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Contractor shall require any Subcontractors similarly. to provide Workers' Compensation Insurance for all of the latter's employees, in addition to any coverage afforded by the Contractor, by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00) Employers' Liability Limits Part B. 7.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK, THE FOLLOWING: A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS' COMPENSATION INSURANCE COVERAGE; OR B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. 7.9 SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance) : A) 30 Days' Notice of Cancellation or Modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and B) Waiver of Subrogation. 7.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired, and non -owned vehicles. 7.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): a) "The City of Dania Beach" is added as a named "Additional Insured"; b) 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and c) Waiver of Subrogation. 7.12 Proof of Insurance: The following are requirements that must be met regarding the Bidder's delivery of Certificates of Insurance for all coverages required in the Agreement and Bid Documents: R 7.12.1 "Official" Certificates of Insurance must be delivered to the City Clerk's office and Risk Manager of the City. If the "Official" certificates are not delivered before or on the fourteenth (141h) Business Day after the issuance by the City of the "Notice of Intent to Award", then the City has the right to consider the awarded Agreement to the successful Bidder as void and to negotiate a contract with the next lowest responsive and responsible Bidder. "Special Provisions", as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the "Official" certificates. 7.12.2 All Certificates of Insurance must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to City. If this coverage is not provided, then Contractor is responsible for such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than A-Vii in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's rating shall drop, the insurance carrier shall immediately notify the City in writing. ARTICLE 8 INDEPENDENT CONTRACTOR 8.1 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACTOR is an independent Contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act mini.muirn wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONTRACTOR's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR, which policies of CONTRACTOR shall not conflict with CITY, State, H.U.D., or United States policies, rules or regulations relating to the use of CONTRACTOR's Funds provided for herein. The CONTRACTOR agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 9 GOVERNING LAW VENUE FEES 9.1 This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be in Broward County, Florida. 9.2 All claims, counterclaims, disputes and other matters in question between City and CONTRACTOR arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non- binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. 9.3 If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. In any litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard of performance required in it, the prevailing party shall be entitled to recover reasonable attorney fees from the non -prevailing party. 9.4 Operations During Dispute. In the event that a dispute, if any, arises between the City and the CONTRACTOR relating to this Agreement, or its performance or compensation, the CONTRACTOR agrees to continue to render service in full compliance with all terms and conditions of this Agreement as required by the City. ARTICLE 10 PUBLIC RECORDS 10.1 CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The CONTRACTOR shall also maintain the financial information and data used by the CONTRACTOR in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The CONTRACTOR will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and CONTRACTOR acknowledges that such laws have possible application and agrees to comply with all such laws. 10.2 Upon request from the City custodian of public records, CONTRACTOR shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 10.3 Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. 10.4 Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 10.5 Any compensation due to CONTRACTOR shall be withheld until all records are received as provided in this Agreement. 10.6 CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. Section 119.0701(2)[a), Florida Statutes 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. Custodian of Records: Mailing Address: Telephone number: FLORA RIERA, CITY CLERK 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 954-924-9800, Ext. 3623 Email: eriera daniabeachfl.gov W ARTICLE 11 NOTICES 11. Notices. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Eve A. Boutsis, City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Contractor: Sunshine Tents & Event Rentals, LLC 2322 SW 58t' Terrace West Park, Florida 33023 ARTICLE 12 SCRUTINIZED COMPANIES — 287.135 AND 215.473 SCRUTINIZED COMPANIES. CONTRACTOR certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, CONTRACTOR agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the CITY may immediately terminate this Agreement for cause if the CONTRACTOR, its affiliates, or its subcontractors are found to have submitted a false certification; or if the CONTRACTOR, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. ARTICLE 13 E-VERIFY A. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: 10 0) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and 0i) All persons (including sub vendors/consultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Dania Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Dania Beach; and (iii) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. CONTRACTOR shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The CONTRACTOR shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the CONTRACTOR, the CONTRACTOR may not be awarded a public contract for a period of one (1) year after the date of termination. ARTICLE 14 SOVEREIGN IMMUNITY 14.1 CONTRACTOR acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by CONTRACTOR against the CONTRACTOR other than claims arising out of this Agreement. Specifically, the CONTRACTOR acknowledges that it cannot and will not assert any claims against the CONTRACTOR, unless the claim is based upon a breach by the CONTRACTOR of this Agreement. Further, the CONTRACTOR recognizes the CONTRACTOR is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the CONTRACTOR' s exercise of that regulatory authority. In addition, the CONTRACTOR retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The CONTRACTOR acknowledges that it has no right and will not make claim based upon any of the following: a. Claims based upon any alleged breach by the CONTRACTOR of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the CONTRACTOR. All obligations of the CONTRACTOR are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Consultants, agents, or any CONTRACTOR employee; and 11 d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the CONTRACTOR and the CITY. ARTICLE 15 MISCELLANEOUS 15.1 Ownership of Documents. Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of CITY whether or not the project for which they are made is completed. City hereby agrees to use CONTRACTOR's work product for its intended purposes. 15.2 Records. he Consultant shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Consultant shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Consultant agrees that Consultant, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Consultant at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at Consultant's option Consultant shall pay Consultant for travel, per diem, and other costs incurred by Consultant to examine, audit, excerpt, copy or transcribe such material at such other location. Consultant shall make a reasonable effort to maintain the confidentiality of such audit report( s). 15.3 Assignments: Amendments. This Agreement, and any interests herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement, any change of ownership of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this Agreement shall run to the benefit of CITY and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 15.4 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 12 15.6 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.7 Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 15.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 15.9 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 15.10 Extent of Agreement. This Agreement represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 15.11 Legal Representation. It is acknowledged that each party was represented by counsel in the preparation of and contributed equally to the terms and conditions of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the parry preparing same shall not apply herein due to the joint contributions of both parties. 15.12 Counterparts and Execution. This Agreement may be executed in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be Iegally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 15.13 Safety The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The CONTRACTOR shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments. The CONTRACTOR certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health Act (OSHA). 13 15.14 Warranty. The Contractor shall warrant to the City that materials and equipment furnished under the agreement will be of good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the City's name and for its sole benefit. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 14 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. ATTEST: ELORA RIERA, MMC CITY CLERK APPROVED FOR FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 15 CITY: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation ARCHIBALD J. RYAN IV MAYOR ANA M. GARCIA,ICMA-CM CITY MANAGER Dated: 2023 WITNESSES: SIGNATURE PRINT Name SIGNATURE PRINT Name STATE OF FLORIDA COUNTY OF CONTRACTOR: Sunshine Tents & Event Rentals, LLC a Florida limited liability company SIGNATURE PRINT Name Title The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on as 2023, by of Sunshine Tents & Event Rentals, LLC, a Florida limited liability company. He/She is personally known to me or has produced as identification. My Commission Expires: 16 NOTARY PUBLIC State of Florida CITY OF DANIA BEACH, FLORIDA DANIA BEACH ;E,1,i: U'"e 1T LCWE IT EVENT EQUIPMENT RENTAL CITY INVITATION TO BID ("ITB."} NO. 23-016 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 JULV, 2023 TABLE OF CONTENTS NOTICE TO BIDDERS PROJECT DOCUMENTS MANDATORY PRE -BID CONFERENCE BID DOCUMENTS LIST OF DRAWINGS SECTION 1 INTRODUCTION AND INFORMATION SECTION 2 NO BIDS SECTION 3 CAUSES FOR REJECTION OF A BID SECTION 4 INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS SECTION 5 GENERAL CONDITIONS SECTION 6 SPECIAL CONDITIONS SECTION 7 PUBLIC ENTITY CRIMES STATEMENT SECTION 8 PRICES, TERMS ARE TO BE FIRM SECTION 9 BID SECURITY SECTION 10 PROTECTION OF PROPERTY SECTION 11 SITE RESTORATION SECTION 12 INSTRUCTIONS TO BIDDERS SECTION 13 RETENTION OF RECORDS AND RIGHT TO ACCESS CLAUSE SECTION 14 NON -COLLUSION STATEMENT SECTION 15 FLORIDA TRENCH SAFETY ACT SECTION 16 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS SECTION 17 PUBLIC RECORDS SECTION 18 SUCCESSORS AND ASSIGNS SECTION 19 QUALIFICATION OF BIDDERS SECTION 20 CONTRACTOR'S RELATION TO THE CITY SECTION 21 EMPLOYEES OF THE CONTRACTOR SECTION 22 AVAILABILITY OF FUNDS SECTION 23 LICENSES, PERMITS AND FEES SECTION 24 TERMINATION OF AGREEMENT SECTION 25 TERMINATION OF AGREEMENT FOR CAUSE SECTION 26 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS SECTION 27 INSURANCE REQUIREMENTS SECTION 28 SAFETY SECTION 29 WARRANTY SECTION 30 RESPONSIBLE BIDDER SECTION 31 CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD SECTION 32 BILLING PROCEDURE SECTION 33 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING SECTION 34 BID PROTEST PROCEDURE SECTION 35 LITIGATION SECTION 36 CONTRACT AWARD AND EXECUTION SECTION 37 CONE OF SILENCE SECTION 38 ADDITIONAL GENERAL CONDITIONS EXHIBIT "A" BIDDER QUALIFICATIONS EXHIBIT "B" BIT] FORM EXHIBIT "C" BIDDER'S QUESTIONNAIRE EXHIBIT "D" SWORN STATEMENT UNDER SECTION §287.133(3)(a), F.S., FLORIDA STATUTES ON PUBLIC ENTITY CRIMES EXHIBIT "E" NON -COLLUSION AFFIDAVIT EXHIBIT "F" INDEPENDENCE AFFIDAVIT EXHIBIT "G" REFERENCES EXHIBIT "H" ACKNOWLEDGMENT OF ADDENDA EXHIBIT "I" CERTIFICATION TO ACCURACY OF BID EXHIBIT " ]" DRUG -FREE WORKPLACE CERTIFICATION CITY OF DANIA BEACH, FLORIDA INVITATION TO BID FOR "EVENT EQUIPMENT RENTAL" ITB 23-016 NOTICE TO BIDDERS NOTICE IS GIVEN that the City of Dania Beach, Florida (the "City" or "Owner") will be accepting sealed Bids for its "EVENT EQUIPMENT RENTAL, ITB 23-016". Bids will be accepted on DemandStar until August 14, 2023 at 1:00 PM. Bids received after this time will be rejected. All submissions will remain confidential and exempt from public record disclosure requirements until the response opening is conducted. PROJECT DOCUMENTS Documents may be obtained from www.demandstar.com or from the City Website at www.daniabeachfl.Lyov. MANDATORY PRE -BID CONFERENCE A pre -bid conference will not be held. BID DOCUMENTS Bids must be submitted electronically on DemandStar, the City's designated electronic bidding system. All bid document files must be clearly labeled "EVENT EQUIPMENT RENTAL, ITB 23-016". All bid prices shall be guaranteed firm for a minimum of one hundred twenty (120) calendar days after the submission of the bid. No bidder may withdraw a bid within ninety (90) calendar days after the bid opening date. Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or award of bid, whichever is sooner. In the event presentations are necessary, all non -presenting bidders will be required to exit the room during the presentations of each of the other bidders as portions of selection committee meetings at which presentations are made are exempt from Florida's public meeting laws. Bids will be publicly opened and read aloud immediately after the submission deadline on the Bid due date referenced above using Zoom meeting software, in the presence of the City Clerk or designee on the above stated date. Award of a contract will be made at a subsequent City Commission meeting. A11 bidders are advised that the City has not authorized the use of the City seal by individuals or entities responding to City bids. Bidders shall demonstrate successful performance of projects of a similar magnitude, scope and value as this project. The City Commission of the City of Dania Beach reserves the right to reject any and all bids, to waive any informality in a bid and to make an award in the best interests of the City, as Owner. CITY OF DANIA BEACH, FLORIDA Published on: July 26, 2023 SECTION 1 - INTRODUCTION AND INFORMATION 1.1 SCOPE 1.1.1 The City of Dania Beach, Florida (the "City" or "Owner"), is actively seeking bids from qualified Contractors (the "Contractor"), for "EVENT EQUIPMENT RENTAL, ITB 23- 016". The City is seeking a qualified individuals or firms to provide special event equipment on an as needed basis for City -hosted special events and festivals throughout the year. The City is seeking a cost per hour for rental items which include but are not limited to: Tents, Tables, Linen, Chairs, Lighting, Fencing, Bars, Fans, Pipe and Drape, Portable Stage Units and other equipment as outlined in Exhibit B. The Contractor shall be required to furnish and fully install and set-up the special events equipment listed in Exhibit B in a timely manner with the adequate amount of personnel to complete the set-up at the time required by the City. The Contractor shall also ensure that no person that has been convicted of a felony is assigned to a City sponsored event. The selected vendors will inspect all equipment for compliance prior to the event start. Any equipment found to be in non -working or otherwise unacceptable condition shall be replaced. Any unacceptable equipment MUST be replaced in a timely manner before event start. Contractor shall work with assigned City Staff to coordinate the delivery, set-up, tear -down and pick-up of the special events equipment. The City will try its best to give a minimum lead time of seven (7) calendar days to the Contractor(s) prior to the desired scheduled starting date for any specific assignment and event. When possible, longer lead times shall be given to the Contractor(s). Services will be required on weekdays, weekends and holidays. Tents and Canopies: All tents and canopies shall be clean and in good condition, free of stains, rips and worn areas. Tents must include tent flags. All tents and canopies must meet all applicable permitting requirements. Tables and Chairs: All tables and chairs shall be clean, sturdy and in good condition. All Other Items: All other equipment that may be rented under this Contract shall be supplied in clean, presentable and working condition, and with any supplies and accessories necessary for proper operation of the item. Company shall verify audio/visual equipment for any required compatibility with City systems at the time of Event Order placement. 1.1.2 By submitting a bid, the Bidder acknowledges that he, she, or it is familiar with the scope of services prior to submitting a bid. Failure of a Bidder to be familiar with the requirements of the Project Work does not relieve the Contractor of the responsibility for completion of all required services for the Project. 1.1.3 It shall also be the Bidder's responsibility to visit the proposed Project Site to become thoroughly familiar with the nature and extent of the Work to be performed and all local existing site conditions, and to make his or her own estimate of the facilities and difficulties attending the execution of the Work; no allowance shall be made by the Owner for the Bidder's failure to do so. 1.1.4 Bids will be considered if submitted by qualified Contractors who or which have experience, including similar previous work in the provision of the requested services. Contractors offering full service will receive the highest consideration. 1.1.5 Applicants should include the following items in the submitted Bid: Letter of Transmittal; a. Anticipated time line to begin delivery of services; b. A breakdown of the costs for the delivery of services described above. c. A list of five (5) similar projects performed in South Florida (see the form to be used which is included as Exhibit "A", "Bidder Qualifications."; it is made a part of and is incorporated into the 1TB by this reference) and it includes the following information: 1) Name of each entity for which the work was performed; 2) Brief description of the scope of work; 3) Amount of initial contract award; and 4) Name of contact person and contact information with the entity who can knowledgeably discuss your company's performance. f. Indication that the Contractor can provide increased levels of service (additional hours) at the same cost per hour; and g. Any other information that the Contractor feels is relevant to assist the City in evaluating Contractor's qualifications. h. The City intends to award an agreement to the lowest, responsive, responsible Bidder for the requested services specified in the ITS, taking into consideration experience, staffing, equipment, materials, references and past performance. The City reserves the right to reject any and all bids, to waive any informality in a bid and to make an award in the best interests of the City. In case of disputes in the award of the agreement, the decision of the City shall be final and binding on both parties. i. If the Bidder to whom or to which an award is made fails to enter into an agreement, the award may be annulled and the agreement offered to the next most qualified Bidder or to the Bidder which offered the next lowest, responsive and responsible bid in the opinion of the City. THE CONTRACTOR AND ANY SUBCONTRACTOR(S) SHALL NOT COMMENCE WORK ON THE PROJECT UNTIL AN AGREEMENT HAS BEEN FULLY EXECUTED BY BOTH PARTIES. SECTION 2 - NO BIDS If a Bidder does 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. Failure to bid prior to the date and time scheduled for the bid opening may result in the Bidder being deleted from the City's bidders' registration list for the services requested in the Invitation to Bid. SECTION 3 - CAUSES FOR REJECTION OF A BID 3.1 No bid will be considered or accepted that, in the opinion of the City, is informal or unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its own proportion of the cost as nearly as is practicable. However, the City shall be under no obligation to investigate the correctness of any bid, and the Bidder by signing the bid shall be deemed to have verified that no errors appear in the bid as submitted. Any alterations, erasures, interlineations or failures of a bid to contain all items called for in the ITB may result in rejection of the bid. 3.2 If any Bidder violates any provision in the ITB, such Bidder may be disqualified from performing the Project Work, or from furnishing the requested services for which the bid was submitted, and the Bidder may be further disqualified from bidding on any future bids for work, for goods, or for services for the City. 3.3 The Bidder shall complete the "Bid Form", which is attached as Exhibit `B"; it is made a part of and is incorporated into the ITB by this reference. SECTION 4 - INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS 4.1 All questions requiring interpretation or clarification of the bidding documents shall be made in writing and shall be delivered to the City (and its Consultant, if applicable) to procurementAdaniabeachfl.gov by 5:00 P.M. on August 7, 2023. Questions received after this time will not be addressed. 4.2 For information pertaining to this ITB, email the Procurement Administrator at procurementAdaniabeachfl.gov. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or Proposal procedures will be transmitted only by written addendum. 4.3 Interpretations or modifications of the bidding documents made in any manner other than Addendum or Addenda issued by the City shall not be binding and shall have no effect. 4.4 The Bidder, prior to submitting a bid, shall ascertain that it has received any Addendum or Addenda issued by the City for this Project, and that shall be acknowledged in writing by an authorized representative. 4.5 Costs for those matters not questioned and not addressed in an Addendum or Addenda, shall be the responsibility of the Bidder, and Bidder shall be responsible to include such costs within the submitted Bid. 4.6 Bidders shall use the Bid Document Forms furnished in the ITB. Bid Base Amounts shall be furnished in both words and numerals, and in case of a discrepancy between the two, the amount written in words shall govern. 4.7 In the event of a mathematical error in the extension of any unit price, or addition of total price, the unit price shall prevail. 4.8 Insurance Coverage: Bidders who are responding to the Invitation to Bid ("ITB") MUST comply with all of the insurance requirements specified in Section 27 ("Insurance Requirements") of the Bid Documents and the Agreement upon award to the successful Bidder. SECTION 5 - GENERAL CONDITIONS 5.1 Purpose: The purpose of the Invitation to Bid is to establish between the City and the Contractor an agreement to perform the project work. The successful Bidder shall provide a Performance Bond for One Hundred Ten percent (110%) of the contract price made payable to the City of Dania Beach, Florida, within fourteen (14) days of notification of the award of the agreement. A copy of the Performance Bond form is attached as Exhibit "C"; it is made a part of and is incorporated into the ITB by this reference. 5.2 Documentation: Bidder shall submit in its bid the following: a. Evidence that the Bidder is certified and licensed to perform the required services in the State of Florida. The successful Bidder must be in compliance with all applicable laws and regulations; b. A statement stating the number of years the Contractor has been a qualified provider of the requested services; and C. A complete Bidder's Questionnaire form which is attached as Exhibit "E'; it is made a part of and is incorporated into the ITB by this reference. 5.3 Bidder Expenses: Bidders are solely responsible for their own expenses in preparing and submitting Bids, and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from this ITB. The City and its representatives, agents, consultants and advisors shall not be liable to any Bidder for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by any Bidder in preparing and submitting a Bid, or participating in negotiations for a contract, or any other activity related to or arising out of this ITB. 5.4 No Contract: By submitting a Bid and participating in the process as outlined in this ITB, Bidders expressly agree that no contract of any kind is formed under or arises from this ITB prior to the complete signing by both parties of a formal written contract. 5.5 Conflict of Interest: Bidders shall disclose any potential conflicts of interest and existing business relationships they may have with the City. If requested by the City, a Bidder should provide all pertinent information regarding ownership of the entity within forty-eight (48) hours of the City's request. 5.6 General Conditions: The agreement to be awarded will be subject to the provisions of the United Sates Constitution, Florida laws, statutes and ordinances of the United States of America, the State of Florida, Broward County and the City of Dania Beach. SECTION 6 - SPECIAL CONDITIONS 6.1 Any and all Special Conditions contained in the ITB that may be in variance or conflict 9 with the General Conditions shall have precedence over the General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety. 6.2 The Notice of Invitation to Bid, Bidder's Questionnaire, Specifications, Exhibits, Addendum or Addenda, the legal advertisement of the ITB and any other pertinent documents form a part of the ITB, and ultimately, the agreement; all of the documents are made a part of and are incorporated into the ITB and the awarded agreement. SECTION 7 - PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who, or which has been placed on the State of Florida 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 a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F. S. for CATEGORY TWO, which is $35,000.00, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. A form to that effect, as mentioned above, must be submitted by the Bidder. A copy of the Sworn Statement on Public Entities Crimes is attached as Exhibit "F"; a copy is made a part of and is incorporated into the ITB by this reference. SECTION 8 — PRICES, TERMS ARE TO BE FIRM 8.1 The Bidder warrants by virtue of its Bid that the prices, terms and conditions contained in the ITB shall be firm for a period of no less than one hundred twenty (120) calendar days from the date of the bid opening. 8.2 The bid prices shall include all permit fees, royalties, license fees, taxes and other costs arising from the use of the materials and equipment in any way involved in the Project Work, as well as all costs of packaging, transporting and delivery of any materials and equipment to the designated location within the City, and the site cleanup. 8.3 The City may require the addition or deletion of services from the Contractor if the requirements and needs of the City change, in City's sole opinion. This may entail additional services and additional locations. The Contractor shall provide the City with costs for these additional services and additional locations or both, based upon the cost structure utilized in establishing the pricing for listed locations in initially contracted areas. Deletion of locations, services, or both shall be handled in the same manner as described above. If the costs offered are not acceptable to the City, the City reserves the right to procure the additional services from one or more other Contractors. SECTION 9 - BID SECURITY 9.1 Bid Security: N/A 10 SECTION In - PROTECTION OF PROPERTY 10.1 The successful Bidder shall at all times guard against damage or loss to City property or property of other persons, vendors or Contractors and shall be responsible for replacing or repairing any such damage or loss. The Contractor will be required to report any such damages immediately to the City's representative in charge of the Project. The successful Bidder shall ensure that the area in which the sidewalks are being replaced that pedestrians, and the general public are not injured nor have access to the area (safety screening) in which work is proceeding. 10.2 The City reserves the right to repair any damages created by the Contractor and to deduct the appropriate amount from any payment due to the Contractor. In all cases, the decision of the City is final. SECTION 11 —SITE RESTORATION Contractor shall remove all excess material and shall clean up and restore the site to its original condition or better, All damage, as a result of work under this Contract, done to existing structures, pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences, walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or stabilized areas or driveways, and including all obstructions not specifically named in this provision, shall be repaired, or replaced, as determined by the City. Site restoration shall be done in a timely manner. SECTION 12 - INSTRUCTIONS TO BIDDERS 12.1 Form Documents: The hid and its accompanying statements must be made on the forms provided in the ITB. The forms must be submitted in good order and with all the blanks completed. The bid must be signed by a representative of the Bidder duly authorized to do so, and, in the case the hid is signed by a deputy or subordinate, the principal's written authority to do so must accompany the bid. 12.2 Taxes: The City is exempt from any taxes related to the requested services, which may otherwise be imposed by the state or federal government. This exemption does not transmit to suppliers in their purchases of goods or services, used in work or goods supplied to the City. The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. SECTION 13 - RETENTION OF RECORDS AND RIGHT TO ACCESS The successful Bidder shall preserve and make available all financial records, supporting documents, statistical records, and any other documents pertinent to the agreement for a period of three (3) years after termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been resolved at the end of these three (3) years, the records shall be retained by the City until resolution of audit finding. SECTION 14 - NON -COLLUSION STATEMENT By submitting a bid, the Bidder affirms that the bid is without previous understanding, agreement, or connection with any person, business, or corporation and that the bid is in all respects fair, and made without collusion or fraud. The Non -Collusion Affidavit form must be executed by the Bidder; a copy of the form is attached as Exhibit "H' ; it is made a part of and is incorporated into the ITB by this reference. SECTION 15 - FLORIDA TRENCH SAFETY ACT The Bidder shall include with its Bid, when applicable, all documentation required by the Florida "Trench Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid, and those presented in any subsequent change orders shall include the Bidder's cost for compliance with the applicable trench safety standards. SECTION 16 - MINIMUM AND MANDATORY TECHNICAL SPECIF ICATIONS The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to provide these items, and feels that the technical specifications are overly restrictive, the Bidder must notify the City of Dania Beach in writing immediately. Such notification must be received by the City prior to the deadline contained in the ITB, for questions of a material nature, at least ten (10) calendar days prior to the bid opening date. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to the Bidder. SECTION 17 - PUBLIC RECORDS 17.1 Bid Submissions Shall Become City Property: All submissions become the property of the City and will not be returned to the Bidder. The City will hold all submissions in confidence unless otherwise required by law. 17.2 Contractor's Obligations: Bidders should be aware the City is a "public body" as defined in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section 119.0701(2) (a), and the related provisions of the Florida Public Records Law. If awarded this project, the following will apply: 17.2.1 Documents to Be City Property: Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with the contract are and shall remain the property of the City. 17.2.2 Maintenance of Records: Bidder agrees to keep and maintain public records in Bidder's possession or control in connection with Bidder's performance under the contract. Bidder additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. The records should be maintained for at least five years after completion of work. Bidder shall ensure that public records that are exempt or confidential and exempt from public records disclosure 12 requirements are not disclosed, except as authorized by law, for the duration of the contract, and following completion of the contract until the records are transferred to the City. 17.2.3 Response to Public Records Requests: Upon request from the City custodian of public records, Bidder shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 17.2.4 Delivery of Records: Upon completion of the contractor in the event of termination by either party, any and all public records relating to the contract in the possession of the Bidder shall he delivered by the Bidder to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Bidder shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of the contract, the Bidder shall destroy any and all duplicate public records that are exempt or confidential andexempt from public records disclosure requirements. Any compensation due to Bidder shall be withheld until all records are received as provided in this ITB. 17.2.5 Failure to Comply: Bidder's failure or refusal to comply with the provisions of this section shall result in the immediate termination of the contract by the City. 173 Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes: IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE BIDDER MUST CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Mailing Address: Telephone number: Email: Elora Riera, City Clerk 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 954-924-6800, Ext. 3623 eriera(u,daniabeachfl. o SECTION 18 - SUCCESSORS AND ASSIGNS The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and legal representatives to the agreement. Neither party to the agreement shall assign or subcontract it or any portion of it, without the advance written consent of the other. 191 SECTION 19 - QUALIFICATION OF BIDDERS 19.1 Bidders' Qualifications: The Bidder shall complete the Bidders' Qualifications Form (Exhibit "A") attached, along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Bidder to demonstrate successful performance of projects of a similar magnitude, scope and value as this project may be deemed to be grounds for declaring the Bidder to be non -responsible. 19.2 Certified Financial Statement: If requested by the Owner, the Bidder shall submit a certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current financial resources, liabilities, capital equipment, and financial history performance. 19.3 Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by the City for any one or more of the following reasons: a. Reason to believe that collusion exists among the Bidders. b. The Bidder is or has been involved directly or indirectly in litigation or arbitration against the Owner within the past ten (10) years. c. The Bidder has defaulted on any previous contract with the Owner within the past ten (10) years or is in arrears on an existing contract. d. The submittal of more than one Bid from an individual, firm, partnership, corporation or association under the same or different names. All such parties shall be disqualified. e. Untimely bids shall be automatically and absolutely disqualified and returned unopened. Excuses for the untimely submittal shall not be accepted. The time of bid receipt documented by the City Clerk's office shall determine the timeliness of the Bid. 19.4 Non -responsible Bidder: A Bidder may be determined by the Owner to be "non -responsible" once Bids are opened, and a Bid may be rejected for any one or more of (but not limited to) the following reasons: a. Determination of a lack of competency as may be revealed by qualification statements, financial statements, experience records or other information disclosed to Owner by other sources. b. The Bidder's uncompleted or pending workload on other projects, which in the judgment of the Owner may cause detrimental impact on timely completion of the Work. c. The appearance of an unbalanced Bid, as determined by the Owner. d. If the Bidder makes one or more false statements or provides false information in connection with any portion of the bidding documents. e. If the Bidder fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project. 19.5 Non -responsive Bidder: A Bidder may be deemed to be non -responsive and a Bid may be rejected for any of, but not limited to, the following reasons: a. If the Bidder fails to submit a complete Bid, including but not limited to, submitting evidence of all insurance coverages required by the Bid and the Contract Documents. b. If the Bidder fails in any way to abide by any of the provisions of the Contract Documents. SECTION 20 - CONTRACTOR'S RELATION TO THE CITY- INDEPENDENT 14 CONTRACTOR It is expressly agreed upon and understood that the Contractor will be in all respects an independent contractor as to the Project Work, and that the Contractor is in no respect an agent or employee of the City. The agreement will specify the Project Work to be done by the Contractor, but the method to be employed to accomplish the work shall be the responsibility of the Contractor, unless otherwise provided in writing in the agreement. Contractor and its employees are not entitled to any of the benefits that the City provides for City employees. SECTION 21 - EMPLOYEES OF THE CONTRACTOR 21.1 Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in the ITB. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re -let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. 21.2 Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. SECTION 22 - AVAILABILITY OF FUNDS The obligations of the City under the awarded agreement will be subject to the availability of funds. SECTION 23 - LICENSES PERMITS AND FEES In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee a Contractor will have to pay the City before or during the work, items or services to be provided or the percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City by virtue of the work, items, or services as part of the agreement are as follows: a. Contractor shall have and maintain during the term of the agreement any and all appropriate City licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). b. During the performance of the agreement, there may be times when the Contractor will be required to obtain a permit for such work, or in connection with the items or services. It is the responsibility of the Contractor to ensure that it has the appropriate permits as may become necessary during the performance of the work. Any fees related to 15 the required permits in connection with the agreement will be the sole responsibility of the Contractor. c. Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal government. d. City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination System (NPDES). SECTION 24 - TERMINATION OF AGREEMENT If the successful Bidder who or which is awarded the contract fails to provide the services, or shall in any other manner commit a breach of the agreement and fails to remedy the same within five (5) calendar days after receipt of written notice from the City, the City may terminate the agreement resulting from the ITB without any further notice to the Contractor. City representatives will review the construction services periodically to assure that the requirements of the agreement are being met. If any work is unsatisfactory, the Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. If deficiencies are not corrected within five (5) working days, the City may, at its option, perform the required services or contract to have them performed and deduct the cost of those services from the agreement cost. SECTION 25 - TERIVIINATION OF AGREEMENT FOR CAUSE If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under the agreement, or if the Contractor shall violate any of the provisions of the agreement, the City may upon written notice to the Contractor, terminate the right of the Contractor to proceed under the agreement, or as to such part or parts of the agreement for which there has been a 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 default and termination, any completed services performed by the Contractor under the 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 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 set-off until such time as the amount of damages due to the City from the Contractor can be determined. The City reserves the right to terminate the agreement upon thirty (30) calendar days' written notice, without cause. SECTION 26 - INDEMNIFICATION AND HOLD HARMLESS PROVISIONS 26.1 The selected Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: a. bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, anyone directly or indirectly employed by any of 16 them, or anyone for whose acts any of them may be liable in the performance of the work; b. any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent rights by Contractor in the performance of the work; c. liens, claims, actions made by the Contractor or other party performing the work; and d. claims of whatsoever nature related to collection practices or any actions of a contradictory nature pursuant to the Agreement or in an attempt to collect monies due or claimed to be due to the City. 26.2 Indemnification for Construction Contracts. In the event that the performance of services under the Contract is deemed to be a "construction contract" pursuant to §725.06, Florida Statutes, as it may be amended from time to time, the following indemnification shall apply: To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the Contractor agrees to indemnify and hold harmless the Owner, its officers, employees, and assigns from liabilities, damages, losses, and costs including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the provisions in the Contract Documents. SECTION 27 - INSURANCE REQUIREMENTS 27.1 Insurance Required Before Commencement of Work: The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Section, and not until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work on any subcontract until the Subcontractor and all Coverages required of any Subcontractor have been obtained and approved by the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy deductibles and self -insured retentions. 27.2 Insurance Requirements: Coverages shall be in force until all Work required to be performed under the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON -EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE BID DOCUMENTS CONCERNING CONTRACTOR DELAY. 17 27.3 Required Minimum Coverages: The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The CONTRACTOR shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible amounts. 27.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. 27.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): a. Annual Aggregate shall apply "Per Job"; b. "The City of Dania Beach, Florida" is added as a named "Additional Insured"; c. Additional Insured status is included for Products completed operations coverage for a period of no less than five (5) years following the completion of the Work or Project; d. Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 2037 (07 04); e. Contractor's insurance shall be primary and non-contributory; f. Waiver of Subrogation in favor of the City; g. 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and h. Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. 27.6 WORKERS' COMPENSATION INSURANCE must be provided for all persons fulfilling this agreement whether employed, contracted, temporary, or subcontracted for the life of the agreement, including any applicable warranty period(s), and it is to apply to all "statutory employees" of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. 27.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Contractor shall require any Subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees, in addition to any coverage afforded by the Contractor, by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00) Employers' Liability Limits Part B. 27.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK, THE FOLLOWING: 18 A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS' COMPENSATION INSURANCE COVERAGE; OR B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT, 27.9 SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance) : A) 30 Days' Notice of Cancellation or Modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and B) Waiver of Subrogation. 27.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits ❑f no less than One Million Dollars (S1,000,000.00), to include coverage for owned, hired, and non -owned vehicles. 27.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): A) "The City of Dania Beach" is added as a named "Additional Insured"; B) 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and C) Waiver of Subrogation. 27.12 Proof of Insurance: The following are requirements that must be met regarding the Bidder's delivery of Certificates of Insurance for all coverages required in the Agreement and Bid Documents: 27.12.1 "Preliminary" certificate means that certificates of insurance verifying all general insurance requirements (as noted below) must be included with Bid at submittal on the date and time of the Bid opening. If the "preliminary" certificates are not included with a Bid submittal, then the City has the right to consider the submitted Bid as non -responsive on the date and time of the Bid opening. "Preliminary" Certificates may be issued without documentation of all "Special Provisions". However, Contractor does understand that all provisions, including "Special Provisions" noted below are expected to be fully documented on or attached to the "Official" Certificates of Insurance as described below. 27.12.2 "Official" Certificates of Insurance must be delivered to the City Clerk's office and Risk Manager of the City. If the "Official" certificates are not delivered before or on the fourteenth (14`h) Business Day after the issuance by the City of the "Notice of intent to Award", then the City has the right to consider the awarded Agreement to the successful Bidder as void and to negotiate a contract with the next lowest responsive and responsible Bidder. "Special Provisions", as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the "Official" certificates. 19 27.12.3 All Certificates of Insurance must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to City. If this coverage is not provided, then Contractor is responsible for such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than A-VII in the latest edition of the `BEST'S KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's rating shall drop, the insurance carrier shall immediately notify the City in writing. SECTION 28 — SAFETY 28.1 The successful Bidder shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The successful Bidder shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments. 28.2 Bidder, by submitting a bid, certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health Act (OSHA). SECTION 29 - WARRANTY The Contractor shall warrant to the City that materials and equipment famished under the agreement will be of good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the City's name and for its sole benefit. The warranty shall be for one year after completion of the work. SECTION 30 - RESPONSIBLE BIDDER No bid will be accepted from, nor will any agreement be awarded to, any person or entity who or which is in arrears to the City of Dania Beach upon any debt or agreement, who or which is in default as surety or otherwise upon any obligation to the City, who is deemed irresponsible or unreliable by the City, or who or which has been found guilty or convicted of a Public Entity crime in any federal or state trial court of record. SECTION 31 - CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD The City shall have the right to investigate the financial condition and experience record of the Bidder, and determine to its satisfaction the competency of the Bidder to undertake the requested 20 services in the ITB. SECTION 32 - BILLING PROCEDURE The preferred method for invoices is to send via email to ap(c daniabeachfl.gny. A copy may also be mailed to City Hall. with a copy to: City of Dania Beach Finance Department Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 City of Dania Beach Parks and Recreation Department Attn-. Eric Brown 100 West Dania Beach Boulevard Dania Beach, Florida 33004 The City will pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to adjustments as provided in the Contract Documents, the amounts equal to the sum of the unit, lump sum price or both established for each separately identified work item, times the estimated quantity of that item, as indicated in the Schedule of Prices. As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is an estimate only and the final Contract amount and the total payment made to the Contractor will be based on the actual number of units of each work item incorporated in the Work of the Contract. It is understood that the unit prices quoted or established for work items will be used for computing the amount to be paid to the Contractor, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the Specifications. SECTION 33-PROHIBITION AGAINST CONSIDERING SOCIAL POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. SECTION 34 - BI❑ PROTEST PROCEDURE 34.1 After a Notice of Intent to Award a contract is posted, any actual or prospective Bidder claiming to be aggrieved in connection with the pending award of the Contract or any element of the process leading to the award of the Contract may protest to the City Manager. A protest must be filed by 5:00 PM on the third (3rd) Business Day after posting at City Hall of the Notice of 21 Award (excluding the day that the Notice is posted) or any right to protest is waived. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and a Bid Protest Bond are timely received by the City Manager's Office. 34.2 A Bid Protest Bond shall accompany the written protest, to compensate City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be retained by the City. The deposit shall be in the form of a cashier's check, and shall be the one percent (1%) of the amount of the pending award to the initial successful Bidder or five thousand ($5,000.00) dollars, whichever is less. 34.3 The Protest Committee shall have the authority to review, settle, and resolve all protests. Members of the Protest Committee will be appointed by the City Manager. If the Protest Committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law, applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps are to be taken to remedy it. 34.4 In the event of a timely protest, the City Manager shall stay the award of the Contract unless, after consulting with the City Attorney and a representative from the City's Department for which the services are being obtained, the City Manager determines that the award of the Contract without delay is necessary to protect the substantial interests of the City. The continuation of the bid award process under these circumstances shall not preempt or otherwise affect the protest. SECTION 35 - LITIGATION 35.1 In addition to any other provision of this ITB, the City may, in its absolute discretion, reject a Bid if the Bidder, or any officer or director of the Bidder submitting the Bid, is or has been engaged directly or indirectly in legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. 35.2 In determining whether or not to reject a Bid under this section, the City will consider whether the litigation is likely to affect the Bidder's ability to work with the City, its consultants and representatives and whether the City's experience with the Bidder indicates that there is a risk that the City will incur increased staff and legal costs in the administration of the contract if it is awarded to the Bidder. 35.3 A contract with the successful Bidder will include the following: GOVERNING LAW; CONSENT TO JURISDICTION. The law of the State of Florida shall govern the contract. The contract is not subject to arbitration. THE PARTIES EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES ARISING FROM, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL CONTRACT TERM. 22 35.4 All claims, counterclaims, disputes and other matters in question between City and the Contractor arising out of, relating to or pertaining to the Contract, the breach of it, the services of it, or the standard of perfonnance required in it, are to be addressed by resort to non -binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be detennined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. If City or Contractor incurs any expense in enforcing the terms of the Contractor, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorney fees. SECTION 36 - CONTRACT AWARD AND EXECUTION 36.1 Bid Opening and Evaluation: The City will publicly open and announce all bids it receives by total amount in accordance with the terms of the advertisement. The City will verify all bidders have properly submitted and executed all required bid documents and forms; review all bids for accuracy; prepare a tabulation of the bids showing the item details and total bid for all responsible bids; check for conformance of all bids to the engineer's estimate; evaluate unbalanced bid items; confirm the bid tabulations; and provide a recommendation for award of bid or recommendation for re -advertisement, if appropriate, to the City Commission. 36.2 Rejection of Bids: The City may reject bids in the following circumstances: (a) where the tow bid differs from the engineer's estimate by an unreasonable amount (reasonable conformance pursuant to 23 CFR 635.114(c)) (b) where obvious unbalancing of unit prices has occurred, or (c) where competition is considered to be inadequate relative to the size, type, and location of the project. 36.3 Prohibition of Negotiations with Contractors or Bidders: Negotiations with contractors are not permitted during the advertisement, award, or execution period of the contracting process. 36.4 Contract Award and Execution; The City will enter into a contract with the lowest priced and the most responsive and responsible bidder. The contract term shall be for a period of three (3) years. If the City is unable to come to terms with the lowest priced and the most responsive and responsible bidder, the City shall initiate the award process with the next lower priced most responsive and responsible bidder, and so on, until a contract is executed. The City is under no obligation to accept any Bid submitted. The City reserves the right in its sole discretion to waive informalities in, or, at any tiyne in the process and to reject any or all Bids at any time. All costs incurred in the preparation and presentation of any Bid shall be wholly absorbed by the 23 Bidder. All supporting documentation and manuals submitted with any Bid will become the property of the City of Dania Beach unless otherwise requested by the Bidder at the time of submission. SECTION 37 — CONE OF SILENCE 37.1 Cone of Silence: Definitions: "Cone of Silence," as used in this ITB, means a prohibition on any communication regarding a particular Request for Proposal ("RIFF'), Request for Qualification ("RFQ") or Invitation to Bid ("ITB"), between: a potential vendor, service provider, Bidder, bidder, lobbyist, or consultant, and: a City Commission member, City's professional staff including, but not limited to, the City Manager and her staff, or any member of the City's Selection Committee. Restriction; Notice: A Cone of Silence shall be imposed upon this ITB upon the advertisement of the ITB. At the time of imposition of the Cone of Silence, the City Manager or designee shall provide for public notice of the Cone of Silence by posting a notice at City Hall. The City Manager shall issue a written notice as to the Cone of Silence to the affected departments, file a copy of such notice with the City Clerk, with a copy to each City Commissioner, and shall include in any public solicitation for goods or services a statement disclosing the requirements of this section. Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Commission meeting (whether a regular or special meeting) at which the City Manager makes a written recommendation of award to the City Commission. However, if the City Commission refers the City Manager's recommendation back to the City Manager or staff for further review, the Cone of Silence shall be re -imposed until such time as the City Manager makes a subsequent written recommendation. Exceptions to Applicability: The provisions of this section shall not apply to: a. Oral communications at pre -bid conferences; b. Oral presentations before the Selection Committee; c. Public presentations made to the City Commission members during any duly noticed public meeting; d. Communications in writing at any time with any City employee, unless specifically prohibited by the ITB. The Bidder shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request; e. Communications regarding the ITB between a potential vendor, service provider, Bidder, lobbyist or consultant and the City's Procurement and Contract Services Agent or City employee designated as responsible for 24 administering the procurement process for the ITS, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; f. Communications with the City Attorney and his staff; g. Duly noticed site visits to determine the competency of a Bidder regarding the ITB during the time period between the opening of Bids and the time the City Manager makes a written recommendation; h. Any emergency procurement of goods or services pursuant to City Code; i. Responses to the City's request for clarification or additional information; j. Contract negotiations during any duly noticed public meeting; k. Communications to enable City staff to seek and obtain industry comment or perform market research, provided all related communications between a potential vendor, service provider, Bidder, lobbyist, or consultant and any member of the City's professional staff including, but not limited to, the City Manager and his staff are in writing or are made at a duly noticed public meeting. Penalties: Violation of this section by a particular Bidder shall render any ITB award or contract to the Bidder voidable by the City Commission or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided in this ITB, violation of any provision of this section by a City employee may subject the employee to disciplinary action. PIease contact the City Attorney for any questions concerning "Cone of Silence" compliance. 25 EXHIBIT "A" BIDDER QUALIFICATIONS ITB NO.23-016 The Bidder, as a result of this Bid, MUST hold a county or municipal business tax receipt in its area of its fixed business location. The following information MUST be completed and submitted with the Bid to be considered: 1. Legal Name and Address: Name: Address: City, State, Zip: Telephone/Fax: 2. Specify type of entity Check One: Corporation O Partnership O Individual ( ) Other ( ) SPECIFY 3. If Corporation, state: Date of Incorporation: State in which Incorporated: 4. If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by the Office of the Florida Secretary of State: 5. Name and Title of Principal Officers Date Elected: 6. The length of time in business:years 7. The length of time (continuous) in business in Florida: years 8. Provide a list of at least five commercial or government references that the successful Bidder has supplied service/commodities meeting the requirements of the City of Dania Beach specifications, within the last five (5) years (see attached). 9. A copy of a county or municipal Business Tax Receipt. 26 io, SIMILAR PROJECTS WITHIN THE LAST FIVE (5) YEARS Project Title Project Title Address Address Owner Owner Owner's Telephone Number Owner's Telephone Number Contract Value Contract Value Percent Complete Completion Date Percent Complete Completion Date Project Title Project Title Address Address Owner Owner Owner's Telephone Number Owner's Telephone Number Contract Value Contract Value Percent Complete Completion Date Percent Complete Completion Date 27 Project Title Project Title Address Address Owner Owner Owner's Telephone Number Owner's Telephone Number Contract Value Contract Value Percent Complete Completion Date Percent Complete Completion Date Project Title Project Title Address Address Owner Owner Owner's Telephone Number Owner's Telephone Number Contract Value Contract Value Percent Complete Completion Date Percent Complete Completion Date Project Title Address Owner Project Title Address Owner 28 Owner's Telephone Number Contract Value Owner's Telephone Number Contract Value Percent Complete Completion Date Percent Complete Completion Date 11. Have you ever failed to complete any work awarded to you? Yes No If yes, attach a separate sheet of explanation. 12. Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete an Agreement? Yes No If yes, attach a separate sheet of explanation. 13. Within the last five years, have you ever had a performance, payment or bid bond. called? Yes No If yes, attach a separate sheet of explanation. 14. Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration against the City? Yes No If yes, attach a separate sheet of explanation. 15. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any other Florida public entity? Yes No If yes, attach a separate sheet of explanation. 16. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any private entity for an amount greater than $100,000? Yes No If yes, attach a separate sheet of explanation. 17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been charged or indicted for any criminal activity within the last five years? Yes No If yes, attach a separate sheet of explanation. 18. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted or fined for any criminal activity within the last five years? Yes No If yes, attach a separate sheet of explanation. 19. Within the last five years, have you, any officer or partner of your organization, or the organization been investigated by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office? Yes No If yes, attach a separate sheet of explanation. 29 20. Within the last five years, have you, any officer or partner of your organization, or the organization communicated with any local, state, or federal law enforcement agency, criminal justice agency or inspector general office relating to goods or services provided or performed for any governmental entity? Yes No If yes, attach a separate sheet of explanation. 21. Within the last five years, have there been any reports or audits relating to you, any officer or partner of your organization, or the organization issued by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office. Yes No If yes, attach a separate sheet of explanation. 22. Within the last five years, have you, any officer or partner of your organization, or the organization failed to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or potential or apparent conflicts of interest. Yes No If yes, attach a separate sheet of explanation Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania Beach and will be a factor considered in awarding any resulting contract. The purpose is to insure that the successful Bidders in the sole opinion of the City of Dania Beach can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms or conditions that are in conflict, the most stringent requirement shall apply. END OF BIDDER QUALIFICATIONS 30 EXHIBIT "B" BID FORM ITB 23-016 "EVENT EQUIPMENT RENTAL" Bid Form is posted on City Webpage and DemandStar EXHIBIT "C" BIDDER'S QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers contained below: 1. How many years has your organization been in business? 2. List below (or on an attached sheet, if necessary) the names, addresses and telephone numbers of organizations, governmental, private or both located in Broward, Miami -Dade or Palm Beach Counties, for which you are now, or have within the past five (5) years, provided services similar to that called for in the Invitation to Bid. 3. List below (or on an attached sheet, if necessary) all pertinent information and data that would indicate the ability of your organization and management personnel to perform satisfactorily. 4. Have you personally completed a plan for performance of the work? 5. Have you ever failed to complete work awarded to you? If so, when, where and why? 6. What equipment do you own that is available for work? 7. Has your company ever been debarred or held in default in Broward, Miami -Dade, or Palm Beach Counties or elsewhere by any other governmental entity? How many employees (Contractors only) will be assigned to perform the services? 9. How many supervisors will be assigned to perform the services? 10. Will personnel be part of a regular crew assigned to perform the services? Yes No 11. Will you be able to provide service for emergency situations? Yes No If so, how much notice is required? 12. What equipment do you own that is available to complete the Project? Please attach copies of any licenses, awards, certificates, etc., that you may have. EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS AND SHIELDS INSTALLED AND FUNCTIONING AT THE TIME OF WORK. END OF BIDDER'S QUESTIONNAIRE EXHIBIT "D" Sworn Statement Under Section U87.133(3)(a), Florida Statutes on Public Entity Crimes (This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths.) This sworn statement is submitted with Invitation to Bid No. 23-016. 2. This sworn statement is submitted by: (name of entity submitting sworn statement) its business address is: Federal Identification Number (FEIN) is: (if applicable) Social Security Number: (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) 3. My name is: (PRINT NAME of individual signing this document) and my relationship to the entity is: (President, General Partner, etc. as applicable) 4. I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Section 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non - jury trial, or entry of a plea of guilty or nolo contendere (also known as "No Contest"). 6. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: (a) A predecessor or successor of a person or a corporation convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima -facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding agreement and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which that I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies): Neither the entity submitting the sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989 and (Please now indicate which additional statement below applies): There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order) The person or affiliate was placed on the convicted list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Florida Department of General Services) SIGNATURE (of person whose name first appears above) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me on W as Date 20 by of , corporation/partnershipI on behalf of the corporation/partnership who (check one) [ ] is personally known to me or [ ] has produced as identification. My commission expires: Signature of Notary Public PRINTED Name of Notary EXHIBIT "E" NON -COLLUSION AFFIDAVIT The undersigned Bidder has not divulged to, discussed, or compared his/her/its Bid with any other Bidders and has not colluded with any other Bidder or parties to the Bid whatsoever. Name of City Project, EVENT EQUIPMENT RENTAL City's Invitation to Bid No.: 23-0I5 Name of Bidder SIGNATURE of Bidder or Authorized Agent of .Bidder Title 20 Date STATE OF FLORIDA } } ss: COUNTY OF ) PRINT Name of Bidder or Authorized Agent of Bidder BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ❑ physical presence or ❑ online notarization, on as of , an organization authorized to do business in the State of Florida, and acknowledged and executed the foregoing statement as die proper official of for the use and purposes mentioned in it and affixed the official seal of the entity, and (bat the instrument is the act and deed of drat entity. Helshe is personally known to me or has produced as identification. Signature of Notary Public PRINTED Name of Notary My commission expires: EXHIBIT "F" INDEPENDENCE AFFIDAVIT The undersigned individual, being duly sworn, deposes and says that: I am of , the Bidder that has submitted the attached Bid; I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my household have or have had during the past five years, any relationships (professional, financial, familial or otherwise) with the City (or any of its districts), its elected or appointed officials, its employees or agents, or any member or alternate member of the Selection Committee. A "relationship" for the purpose of this affidavit shall include but not be limited to employer/employee, consultant, contractor, subcontractor, associate, officer, partnership, joint venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient (in excess of $100.00), past or on -going personal relationships, or joint involvement with charitable/voluntary activities. Relationship includes having a prior or current contract with the City. Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my household have received any promise of compensation, remuneration, gift, discount, or other gratuity in exchange for my Bid. I understand and agree that I shall give the City written notice of any other relationships (as defined above) that I enter into with the City (or any of its districts), its elected or appointed officials, its employees or agents, or any member or alternate member of the Selection Committee during the period of the Agreement. I set forth below any exceptions to the aforementioned (if none, write "None"): Signature (Blue ink only) Print Name EXHIBIT F — CONTINUED Title Date STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ❑ physical presence or ❑ online notarization, on as , of an organization authorized to do business in the State of Florida, and acknowledged and executed the foregoing statement as the proper official of for the use and purposes mentioned in it and affixed the official seal of the entity, and that the instrument is the act and deed of that entity. He/she is personally known to me or has produced as identification. Notary Public PRINT Name of Notary Public My commission expires: EXHIBIT "G" REFERENCES Bidder shall provide a minimum of three references for which the bidder has provided services within the past five (5) years. Name of company: Address: Telephone number: Email address: Principal contact person(s): Year contract initiated and terminated: Name of company: Address: Telephone number: Email address: Principal contact person(s): Year contract initiated and terminated: Name of company: Address: Telephone number: Email address: Principal contact person(s): Year contract initiated and terminated: EXHIBIT "H" ACKNOWLEDGMENT OF ADDENDA The Bidder acknowledges the receipt of the following addenda issued by the City and incorporated into and made part of the ITB or the Agreement. In the event the Bidder fails to include any such addenda in the table below, submission of this form shall constitute acknowledgment of receipt of all addenda, whether or not received by the Bidder. ADDENDUM NUMBER DATE RECEIVED PRINT NAME TITLE SIGNATURE (BLUE INK ONLY) EXHIBIT "I" CERTIFICATION TO ACCURACY OF BID The Bidder, by executing this form, certifies and attests that all forms, affidavits and documents related to the document that it has enclosed in the Bid in support of its Bid are true and accurate. Failure by the Bidder to attest to the truth and accuracy of such forms, affidavits and documents shall result in the Bid being deemed non -responsive and such Bid will not be considered. By submitting a Bid to do the work, the Bidder certifies that a careful review of the ITB and the Agreement has taken place and that the Bidder is fully informed and understands the requirements of the ITB and the expected Agreement and the quality and quantity of services to be performed. The undersigned individual, being duly sworn, deposes and says that: A. He/She is of , the Bidder that has submitted the attached Bid; B. He/She is fully informed respecting the preparation and contents of the attached Bid and of all forms, affidavits and documents submitted in support of such Bid; C. All forms, affidavits and documents submitted in support of this Bid and included in this Bid are true and accurate; D. No information that should have been included in such forms, affidavits and documents has been omitted; and E. No information that is included in such forms, affidavits or documents is false or misleading. 1*4:11:31WIli CERTIFICATION TO ACCURACY OF BID (continued) Signature (Blue ink only) Print Name Title Date STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ❑ physical presence or ❑ online notarization, on as , of , an organization authorized to do business in the State of Florida, and acknowledged and executed the foregoing statement as the proper official of for the use and purposes mentioned in it and affixed the official sea] of the entity, and that the instrument is the act and deed of that entity. He/she is personally known to me or has produced as identification. My commission expires: Notary Public PRINT Name of Notary Public EXHIBIT " J" DRUG -FREE WORKPLACE CERTIFICATION FORM Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are received by the CITY OF DANIA BEACH for the procurement of commodities or contractual services, a bid/Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (I). 4. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of Section 287.087, Florida Statutes. This Certification is submitted by (PRINT Name of Authorized Agent) (Title) (Bidder Name) who does certify that said Company has implemented a drug -free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. SIGNATURE DATE CITY OF DANIA BEACH, FLORIDA 0ANIA HACH SEA11 UVE If LUIE if EVENT EQUIPMENT RENTAL CITY INVITATION TO BID ["ITB."} NO. 23-01 & ADDENDUM 1 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 AUGUST 8, 2023 CITY OF DANIA BEACH, FLORIDA INVITATION TO BID FOR "EVENT EQUIPMENT RENTAL" ITB 23-016 ADDENDUM 1 TO ALL BIDDERS: PLEASE TAKE NOT E OF THE FOLLOWING REVISIONS, ADDITIONS,DELETIONS, CLARIFICATIONS, ETC. RELATIVE TO THE SOLICITATION, WHICH IN ACCORDANCE WITH THE CONTRACT DOCUMENTS SHALL BECOME A PART OF AND HAVE PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE. 1. The following items are added to the Bid Form, Exhibit `B': • Daily Rental of 8'x 12'x2' Portable riser pieces with fixed height stairs • Daily Rental of 8'x 12'x4' Portable riser pieces with adjustable height stairs • Daily Rental of 12'x 12'x2' Portable riser pieces with fixed height stairs • Daily Rental of 12'x 12'x4' Portable riser pieces with adjustable height stairs • Daily Rental of 16'x I6'x4' Portable riser pieces with adjustable height stairs • Daily Rental of 20'x 20'x4' Portable riser pieces with adjustable height stairs • Fixed Height Stairs for stages 2' high • Adjustable height stairway • Stage Skirt • Universal guard rails • ADA Compliant disability ramp D � p D v) �� o��Q��QAo•oo op°A�0 �0 D D [J0D0 P �Jo �IIIwlwlllllWlwllwlWllll�f wlllWIW�WI IWI 75 Q� w a. u� W � W w W o M N � F F ' Coo Cd .�� 0 -0 al T3 aa d 3 'd_ -t 72 Ucx �' cn r� U) v, cn Z , v, cn Vi U w 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3� �' � i� a' � 3 ❑ co° o a o Q o o a a a a o a 4? I r- L7 ,--� •-• CV N N N m � t7 �'] �n Vl kn �Q M of d] +t,D,� rm z= _ •� --� --� ^� •--� •--� rq N CV CAS N CV m M a s a r-- A r- +--i g i41 o o❑ 4-4 Y ❑ L a) C7 Q] G 47 U d.1 e) W rJ G] 6J C�J v G7 C1 cD o Q a ❑ oa e� � E G � � � � � � r wwwr"wwr c wwrs.wc�:wP� Pwr�wQdd &- -� I- ��ao L o p0000 00D`�0� d p d 0 0 °0 0°0��p4p A o A d 0 0 o 0 p Q p 0 0 o p 4 °- OA0 - !J0 p 0p0 It in Ili W W W W W W W W W W W W W W W W W W W W W W W W W W W W Ltl W W W y W y � � .� .ri e� •y^7, d 'Lys cC Rf C� R4 9 3 3 3333 a"i a"i •°v' avi avi Duo .i* p d N W 'j"" rn '[i rn ��i a0i ��" G� C� Cd � y H cG N N .D •D .fl .D � ^ O O O O O O N N N �O M M M M M � �! �J U E'1 E-1 E-4 E-� � rui X �/ x X X ^ — .--i — N p , O %,O w O N I` 1 .�+ O 4-4 4r 4r 4r 4r 4-4 t7 -0 'C -0 W N %O O ^ �O W O ^ C 4 ., c� cd . �.i c� . � c� 97 0 cct "" �-. O O O I O O � O '? }• N ��t- 0 rnm o��V.aQk,r-X4M4 U 0 1 r'000� '� a� � o a' o � 0 a' 0 �. 0 4. I., 0 4� �. 0 4. �. 0 4, �, 0 4� :, 0 4, "" 0 4. 0 4, O U b a� C a� -0 r + � LY, a[i � a LY, aoi LY, a LY, s fl CAai 0 0 ai ti ai 97 0 a � r. 97 Q 0 � O � °� -0 ' � s X U v� C —. cd cDv .--� •-• a� a� a� a� a� a� a� b a� F7 C chi }g b 0 ty o o -�3 a� w cd ca cd cd -� cd k c3 ;� E�E-� HHHHaaaaaaaawWaaxco914 AAAAAA �,dv� � 0 . . , • ] O J O 0 O / CL / Q § / t / f z _ k / al / § 9 ' cd k� 45 k bjO / d/ AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on , 20 , between the City of Dania Beach, Florida, a Florida municipal corporation, (the "City") with an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Fiesta Carousel, Inc., ("Contractor") a Florida corporation with a mailing address of 991 W. 22" d Street, Hialeah, Florida 33010, for services related to City Invitation to Bid ("ITB") No. 23-01 b entitled, "Event Equipment Rental". WITNESSETH: In consideration of the mutual covenants, terms and conditions contained in this Agreement, and for other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows: ARTICLE 1 PRENIABLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 On July 24, 2023, the CITY advertised its notice to bidders of the CITY's desire to hire a CONTRACTOR to provide Event Equipment Rental Services as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, for the said bid entitled: ITB NO. 23-016 "EVENT E UIPMENT RENTAL" 1.2 On August 14, 2023, the bids were opened at Dania Beach City Hall, 100 Dania Beach Boulevard, Northwest Conference Room. 1.3 On the 26`s day of September 2023, the CITY awarded the bid to CONTRACTOR and approved an agreement with CONTRACTOR consistent with the terms and conditions set forth herein. ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1 CONTRACTOR hereby agrees to provide the services for event equipment rental, as more particularly described in Exhibit "B" attached hereto and by this reference made a part hereof, in accordance with the Scope of Services outlined in the Bid, "Event Equipment Rental", attached hereto and made a part hereof as Exhibit "A" and CONTRACTOR's response thereto, attached hereto and made a part hereof as Exhibit "B". CONTRACTOR agrees to do everything required by this Agreement, the Sealed Bid Package, Addenda to this Agreement, and Commission award complete with proposal form. In the event of any conflicts between this Agreement, Exhibit A and Exhibit B, this Agreement shall prevail, followed by Exhibit A. 2.2 CONTRACTOR shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 2.3 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. 2.4 CONTRACTOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional standards of good engineering practice. If within one year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises CONTRACTOR thereof in writing, CONTRACTOR agrees to re -perform such deficient services without charge to the CITY. 2.5 CONTRACTOR shall not utilize the services of any sub -Contractor without the prior written approval of CITY. ARTICLE 3 TERM AND TERA'IINATION 3.1 The term of this Agreement shall be for three (3) years, commencing on October 1, 2023 and terminating on September 30, 2026. 3.2 Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the CONTRACTOR notice by certified mail, return receipt requested, directed to the principal office of the CONTRACTOR, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the CONTRACTOR shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with CONTRACTOR. 3.3 Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide CONTRACTOR twenty (20) days' advance written notice to the CONTRACTOR. If CONTRACTOR promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated and the City will pay CONTRACTOR for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines 2 that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. ARTICLE 4 COMPENSATION AND METHOD OF PAYMENT Pa ment for Services. City agrees to pay CONTRACTOR a fee or fees as determined based upon the scope of work identified by the City to provide services related to the specified project. There will be a not -to -exceed amount of One Hundred Fifty Thousand Dollars ($150,000.00) per year for the term of this Agreement. No travel and meal costs will be reimbursable. Prior to seeking any services outside of CONTRACTOR's scope and pricing as identified in Exhibit "A", as "Costs not included with proposal", CONTRACTOR shall adhere to the foregoing: 4.1. Any necessary additional work, as determined by City, which is not covered by the scope of service, shall not be undertaken without a written amendment to authorizing a Work Order executed by both parties in advance of any new or additional work. 4.2. CONTRACTOR shall submit its invoices in the format and with supporting documentation as may be required by City_ 4.3. The City shall pay CONTRACTOR monthly for services rendered within thirty (30) calendar days from date of approval of each of CONTRACTOR's invoices by the City Manager, up to the maximum amount of the proposal contained in Exhibit A. If any errors or omissions are discovered in any invoice, City will inform CONTRACTOR and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. 4.4. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. ARTICLE 5 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 5.1 CITY or CONTRACTOR may request changes that would increase, decrease, or otherwise modify the Scope of Services, as described in Exhibit "A," to be provided under this Agreement as described in Article 2 of this Agreement. These changes will affect the monthly compensation accordingly. Such changes or additional services trust be in accordance with the provisions of the Code of Ordinances of the CITY, and must be contained in a written amendment, executed by the parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. 5.2 In no event will the CONTRACTOR be compensated for any work which has not been described in a separate written agreement executed by the parties hereto. 3 ARTICLE 6 INDEMNIFICATION The CONTRACTOR shall, in addition to any other obligation, to indemnify the Owner and to the fullest extent permitted by law, indemnify and hold harmless the Owner, including its employees from and against claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: 6.1 bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged negligent act, error or omission of the CONTRACTOR or its subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; 6.2 violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent, copyright or trademark rights by CONTRACTOR or its subcontractors in the performance of the work; 6.3 liens, claims, actions made by the CONTRACTOR or its subcontractors or other party performing the work; 6.4 claims related to collection practices or any actions of a contradictory nature pursuant to Contract or in an attempt to collect monies due or claimed to be due to the Owner. 6.5 The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by the CONTRACTOR and that Florida Statutes §725.06 requires a specific consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by CONTRACTOR. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. ARTICLE 7 INSURANCE 7.1 Insurance Required Before Commencement of Work: The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Section, and not until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work on any subcontract until the Subcontractor and all Coverages required of any Subcontractor have been obtained and approved by the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy deductibles and self -insured retentions. 4 7.2 Insurance Requirements: Coverages shall be in force until all Work required to be performed under the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON -EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE BID DOCUMENTS CONCERNING CONTRACTOR DELAY. 7.3 Required Minimum Coverages: The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The CONTRACTOR shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible amounts. 7.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. 7.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to he confirmed on or attached to the Official Certificate of Insurance): a. Annual Aggregate shall apply "Per Job"; b. "The City of Dania Beach, Florida" is added as a named "Additional Insured"; c. Additional Insured status is included for Products completed operations coverage for a period of no less than five (5) years following the completion of the Work or Project; d. Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 2037 (07 04); e. Contractor's insurance shall be primary and noncontributory; f. Waiver of Subrogation in favor of the City; g. 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and h. Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. 5 7.6 WORKERS' COMPENSATION INSURANCE must be provided for all persons fulfilling this agreement whether employed, contracted, temporary, or subcontracted for the life of the agreement, including any applicable warranty period(s), and it is to apply to all "statutory employees" of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. 7.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Contractor shall require any Subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees, in addition to any coverage afforded by the Contractor, by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00) Employers' Liability Limits Part B. 7.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK, THE FOLLOWING: A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS' COMPENSATION INSURANCE COVERAGE; OR B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. 7.9 SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance) : A) 30 Days' Notice of Cancellation or Modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and B) Waiver of Subrogation. 7.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired, and non -owned vehicles. 7.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): a) "The City of Dania Beach" is added as a named "Additional Insured"; b) 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and c) Waiver of Subrogation. 7.12 Proof of Insurance: The following are requirements that must be met regarding the Bidder's delivery of Certificates of Insurance for all coverages required in the Agreement and Bid Documents: 1 7.12.1 "Official" Certificates of Insurance must be delivered to the City Clerk's office and Risk Manager of the City. If the "Official" certificates are not delivered before or on the fourteenth (141") Business Day after the issuance by the City of the "Notice of Intent to Award", then the City has the right to consider the awarded Agreement to the successful Bidder as void and to negotiate a contract with the next lowest responsive and responsible Bidder. "Special Provisions", as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the "Official" certificates. 7.12.2 All Certificates of Insurance must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (34) days' prior written notice has been given to City. If this coverage is not provided, then Contractor is responsible for such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than A-VII in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's rating shall drop, the insurance carrier shall immediately notify the City in writing. ARTICLE 8 INDEPENDENT CONTRACTOR 9.1 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACTOR is an independent Contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONTRACTOR's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR, which policies of CONTRACTOR shall not conflict with CITY, State, H.U.D., or United States policies, rules or regulations relating to the use of CONTRACTOR's Funds provided for herein. The CONTRACTOR agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 9 GOVERNING LAW, VENUE, FEES 9.1 This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be in Broward County, Florida. 7 9.2 All claims, counterclaims, disputes and other matters in question between City and CONTRACTOR arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non- binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. 9.3 If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. In any litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard of performance required in it, the prevailing party shall be entitled to recover reasonable attorney fees from the non -prevailing party. 9.4 Operations During Dispute. In the event that a dispute, if any, arises between the City and the CONTRACTOR relating to this Agreement, or its performance or compensation, the CONTRACTOR agrees to continue to render service in full compliance with all terms and conditions of this Agreement as required by the City. ARTICLE 10 PUBLIC RECORDS 10.1 CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The CONTRACTOR shall also maintain the financial information and data used by the CONTRACTOR in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The CONTRACTOR will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and CONTRACTOR acknowledges that such laws have possible application and agrees to comply with all such laws. 10.2 Upon request from the City custodian of public records, CONTRACTOR shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 10.3 Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. 10.4 Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 10.5 Any compensation due to CONTRACTOR shall be withheld until all records are received as provided in this Agreement. 10.6 CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. Section 119.0701 Z a Florida Statutes 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. Custodian of Records: Mailing Address: Telephone number: ELORA RIERA, CITY CLERK 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 954-924-9800, Ext. 3623 Email: eriera(a),daniabeachfl.pov E ARTICLE 11 NOTICES 11. Notices. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Eve A. Boutsis, City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Contractor: Fiesta Carousel, Inc. 991 W. 22nd Street Hialeah, Florida 33010 ARTICLE 12 SCRUTINIZED COMPANIES — 287.135 AND 215.473 SCRUTINIZED COMPANIES. CONTRACTOR certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, CONTRACTOR agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the CITY may immediately terminate this Agreement for cause if the CONTRACTOR, its affiliates, or its subcontractors are found to have submitted a false certification; or if the CONTRACTOR, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. ARTICLE 13 E-VERIFY A. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of 10 0) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and (ii) All persons (including sub vendors/consultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Dania Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the ten-n of the contract is a condition of the contract with the City of Dania Beach; and (iii) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. CONTRACTOR shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The CONTRACTOR shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. if this contract is terminated for a violation of the statute by the CONTRACTOR, the CONTRACTOR may not be awarded a public contract for a period of one (1) year after the date of tennination. ARTICLE 14 SOVEREIGN IMMUNITY 14.1 CONTRACTOR acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by CONTRACTOR against the CONTRACTOR other than claims arising out of this Agreement. Specifically, the CONTRACTOR acknowledges that it cannot and will not assert any claims against the CONTRACTOR, unless the claim is based upon a breach by the CONTRACTOR of this Agreement. Further, the CONTRACTOR recognizes the CONTRACTOR is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the CONTRACTOR' s exercise of that regulatory authority. In addition, the CONTRACTOR retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The CONTRACTOR acknowledges that it has no right and will not make claim based upon any of the following: a. Claims based upon any alleged breach by the CONTRACTOR of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the CONTRACTOR. All obligations of the CONTRACTOR are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Consultants, agents, or any CONTRACTOR employee; and 11 d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the CONTRACTOR and the CITY. ARTICLE 15 MISCELLANEOUS 15.1 Ownership of Documents. Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of CITY whether or not the project for which they are made is completed. City hereby agrees to use CONTRACTOR's work product for its intended purposes. 15.2 Records. he Consultant shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Consultant shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Consultant agrees that Consultant, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Consultant at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at Consultant's option Consultant shall pay Consultant for travel, per diem, and other costs incurred by Consultant to examine, audit, excerpt, copy or transcribe such material at such other location. Consultant shall make a reasonable effort to maintain the confidentiality of such audit report( s). 15.3 Assignments: Amendments. This Agreement, and any interests herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement, any change of ownership of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this Agreement shall run to the benefit of CITY and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 15.4 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 12 15.6 Binding Authority Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.7 Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 15.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 15.9 SeverabiHty. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fidlest extent permitted by law. 15.10 Extent of Agreement. This Agreement represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 15.11 Le al Representation. It is acknowledged that each party was represented by counsel in the preparation of and contributed equally to the terms and conditions of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both parties. 15.12 Counterparts and Execution. This Agreement may be executed in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other parry through facsimile transmission., email, or other electronic delivery. 15.13 Safety. The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The CONTRACTOR shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments. The CONTRACTOR certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health Act (OSHA), 13 15.14 Warranty, The Contractor shall warrant to the City that materials and equipment fumished under the agreement will be of good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the City's name and for its sole benefit. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 14 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. ATTEST: ELORA RIERA, MMC CITY CLERK APPROVED FOR FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 15 CITY: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation ARCHIBALD J. RYAN IV MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER Dated: 2023 WITNESSES: SIGNATURE PRINT Name CONTRACTOR: Fiesta Carousel, Inc. a Florida corporation SIGNATURE PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on as 2023, by of Fiesta Carousel, Inc., a Florida corporation. He/She is personally known to me or has produced as identification. My Commission Expires: 16 NOTARY PUBLIC State of Florida CITY OF DANIA BEACH, FLORIDA DANIA BEACH EVENT EQUIPMENT RENTAL CITY INVITATION TO BID ("ITB.") NO. 23-016 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 DULY, 2023 TABLE OF CONTENTS NOTICE TO BIDDERS PROJECT DOCUMENTS MANDATORY PRE -BID CONFERENCE BID DOCUMENTS LIST OF DRAWINGS SECTION 1 INTRODUCTION AND INFORMATION SECTION 2 NO BIDS SECTION 3 CAUSES FOR REJECTION OF A BID SECTION 4 INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS SECTION 5 GENERAL CONDITIONS SECTION 6 SPECIAL CONDITIONS SECTION 7 PUBLIC ENTITY CRIMES STATEMENT SECTION 8 PRICES, TERMS ARE TO BE FIRM SECTION 9 BID SECURITY SECTION 10 PROTECTION OF PROPERTY SECTION 11 SITE RESTORATION SECTION 12 INSTRUCTIONS TO BIDDERS SECTION 13 RETENTION OF RECORDS AND RIGHT TO ACCESS CLAUSE SECTION 14 NON -COLLUSION STATEMENT SECTION 15 FLORIDA TRENCH SAFETY ACT SECTION 16 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS SECTION 17 PUBLIC RECORDS SECTION 18 SUCCESSORS AND ASSIGNS SECTION 19 QUALIFICATION OF BIDDERS SECTION 20 CONTRACTOR'S RELATION TO THE CITY SECTION 21 EMPLOYEES OF THE CONTRACTOR SECTION 22 AVAILABILITY OF FUNDS SECTION 23 LICENSES, PERMITS AND FEES SECTION 24 TERMINATION OF AGREEMENT SECTION 25 TERMINATION OF AGREEMENT FOR CAUSE SECTION 26 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS SECTION 27 INSURANCE REQUIREMENTS SECTION 28 SAFETY SECTION 29 WARRANTY SECTION 30 RESPONSIBLE BIDDER SECTION 31 CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD SECTION 32 BILLING PROCEDURE SECTION 33 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING SECTION 34 BID PROTEST PROCEDURE SECTION 35 LITIGATION SECTION 36 CONTRACT AWARD AND EXECUTION SECTION 37 CONE OF SILENCE SECTION 38 ADDITIONAL GENERAL CONDITIONS 2 EXHIBIT "A" BIDDER QUALIFICATIONS EXHIBIT "B" BID FORM EXHIBIT "C" BIDDER'S QUESTIONNAIRE EXHIBIT "D" SWORN STATEMENT UNDER SECTION §287.I33(3)(a), F.S., FLORIDA STATUTES ON PUBLIC ENTITY CRIMES EXHIBIT "E" NON -COLLUSION AFFIDAVIT EXHIBIT "F" INDEPENDENCE AFFIDAVIT EXHIBIT "G" REFERENCES EXHIBIT "H" ACKNOWLEDGMENT OF ADDENDA EXHIBIT "I" CERTIFICATION TO ACCURACY OF BID EXHIBIT "J" DRUG -FREE WORKPLACE CERTIFICATION CITY OF DANIA BEACH, FLORIDA INVITATION TO BID FOR "EVENT EQUIPMENT RENTAL" ITB 23-016 NOTICE TO BIDDERS NOTICE IS GIVEN that the City of Dania Beach, Florida (the "City" or "Owner") will be accepting sealed Bids for its "EVENT EQUIPMENT RENTAL, ITB 23-016". Bids will be accepted on DemandStar until August 14, 2023 at 1:00 PM. Bids received after this time will be rejected. All submissions will remain confidential and exempt from public record disclosure requirements until the response opening is conducted. PROJECT DOCUMENTS Documents may be obtained from www.demandstar.com or from the City Website at www.daniabeachfl.2ov. MANDATORY PRE -BID CONFERENCE A pre -bid conference will not be held. BID DOCUMENTS Bids must be submitted electronically on DemandStar, the City's designated electronic bidding system. All bid document files must be clearly labeled "EVENT EQUIPMENT RENTAL, ITB 23-016". All bid prices shall be guaranteed firm for a minimum of one hundred twenty (120) calendar days after the submission of the bid. No bidder may withdraw a bid within ninety (90) calendar days after the bid opening date. 4 Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or award of bid, whichever is sooner. In the event presentations are necessary, all non -presenting bidders will be required to exit the room during the presentations of each of the other bidders as portions of selection committee meetings at which presentations are made are exempt from Florida's public meeting laws. Bids will be publicly opened and read aloud immediately after the submission deadline on the Bid due date referenced above using Zoom meeting software, in the presence of the City Clerk or designee on the above stated date. Award of a contract will be made at a subsequent City Commission meeting. All bidders are advised that the City has not authorized the use of the City sea! by individuals or entities responding to City bids. Bidders shall demonstrate successful performance of projects of a similar magnitude, scope and value as this project. The City Commission of the City of Dania Beach reserves the right to reject any and all bids, to waive any informality in a bid and to make an award in the best interests of the City, as Owner. CITY OF DANIA BEACH, FLORIDA Published on: July 26, 2023 5 SECTION 1 - INTRODUCTION AND INFORMATION 1.1 SCOPE 1.1.1 The City of Dania Beach, Florida (the "City" or "Owner"), is actively seeking bids from qualified Contractors (the "Contractor"), for "EVENT EQUIPMENT RENTAL, ITB 23- 016". The City is seeking a qualified individuals or firms to provide special event equipment on an as needed basis for City -hosted special events and festivals throughout the year. The City is seeking a cost per hour for rental items which include but are not limited to: Tents, Tables, Linen, Chairs, Lighting, Fencing, Bars, Fans, Pipe and Drape, Portable Stage Units and other equipment as outlined in Exhibit B. The Contractor shall be required to furnish and fully install and set-up the special events equipment listed in Exhibit B in a timely manner with the adequate amount of personnel to complete the set-up at the time required by the City. The Contractor shall also ensure that no person that has been convicted of a felony is assigned to a City sponsored event. The selected vendors will inspect all equipment for compliance prior to the event start. Any equipment found to be in non -working or otherwise unacceptable condition shall be replaced. Any unacceptable equipment MUST be replaced in a timely manner before event start. Contractor shall work with assigned City Staff to coordinate the delivery, set-up, tear -down and pick-up of the special events equipment. The City will try its best to give a minimum lead time of seven (7) calendar days to the Contractor(s) prior to the desired scheduled starting date for any specific assignment and event. When possible, longer lead times shall be given to the Contractor(s). Services will be required on weekdays, weekends and holidays. Tents and Canopies: All tents and canopies shall be clean and in good condition, free of stains, rips and worn areas. Tents must include tent flags. All tents and canopies must meet all applicable permitting requirements. Tables and Chairs: All tables and chairs shall be clean, sturdy and in good condition. All Other Items: All other equipment that may be rented under this Contract shall be supplied in clean, presentable and working condition, and with any supplies and accessories necessary for proper operation of the item. Company shall verify audio/visual equipment for any required compatibility with City systems at the time of Event Order placement. 1.1.2 By submitting a bid, the Bidder acknowledges that he, she, or it is familiar with the scope of services prior to submitting a bid. Failure of a Bidder to be familiar with the requirements of the Project Work does not relieve the Contractor of the responsibility for completion of all required services for the Project. 1.1.3 It shall also be the Bidder's responsibility to visit the proposed Project Site to become thoroughly familiar with the nature and extent of the Work to be performed and all local existing site conditions, and to make his or her own estimate of the facilities and difficulties attending the execution of the Work; no allowance shall be made by the Owner for the Bidder's failure to do so. 1.1.4 Bids will be considered if submitted by qualified Contractors who or which have experience, including similar previous work in the provision of requested services. Contractors offering full service will receive the highest consideration. 1.1.5 Applicants should include the following items in the submitted Bid: Letter of Transmittal; a. Anticipated time line to begin delivery of services; b. A breakdown of the costs for the delivery of services described above. c. A list of five (5) similar projects performed in South Florida (see the form to be used which is included as Exhibit "A", "Bidder Qualifications"; it is made a part of and is incorporated into the ITB by this reference) and it includes the following information: 1) Name of each entity for which the work was performed; 2) Brief description of the scope of work; 3) Amount of initial contract award; and 4) Name of contact person and contact information with the entity who can knowledgeably discuss your company's performance. f. Indication that the Contractor can provide increased levels of service (additional hours) at the same cost per hour; and g. Any other information that the Contractor feels is relevant to assist the City in evaluating Contractor's qualifications. h. The City intends to award an agreement to the lowest, responsive, responsible Bidder for the requested services specified in the ITS, taking into consideration experience, staffing, equipment, materials, references and past performance. The City reserves the right to reject any and all bids, to waive any informality in a bid and to make an award in the best interests of the City. In case of disputes in the award of the agreement, the decision of the City shall be final and binding on both parties. i. If the Bidder to whom or to which an award is made fails to enter into an agreement, the award may be annulled and the agreement offered to the next most qualified Bidder or to the Bidder which offered the next lowest, responsive and responsible bid in the opinion of the City. THE CONTRACTOR AND ANY SUBCONTRACTOR(S) SHALL NOT COMMENCE WORK ON THE PROJECT UNTIL AN AGREEMENT HAS BEEN FULLY EXECUTED BY BOTH PARTIES. SECTION 2 - NO SIDS If a Bidder does 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. Failure to bid prior to the date and time scheduled for the bid opening may result in the Bidder being deleted from the City's bidders' registration list for the services requested in the Invitation to Bid. SECTION 3 - CAUSES FOR REJECTION OF A BID 3.1 No bid will be considered or accepted that, in the opinion of the City, is informal or unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its own proportion of the cost as nearly as is practicable. However, the City shall be under no obligation to investigate the correctness of any bid, and the Bidder by signing the bid shall be deemed to have verified that no errors appear in the bid as submitted. Any alterations, erasures, interlineations or failures of a bid to contain all items called for in the ITB may result in rejection of the bid. 3.2 If any Bidder violates any provision in the ITB, such Bidder may be disqualified from performing the Project Work, or from furnishing the requested services for which the bid was submitted, and the Bidder may be further disqualified from bidding on any future bids for work, for goods, or for services for the City. 3.3 The Bidder shall complete the "Bid Form", which is attached as Exhibit `B"; it is made a part of and is incorporated into the ITB by this reference. SECTION 4 - INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS 4.1 All questions requiring interpretation or clarification of the bidding documents shall be made in writing and shall be delivered to the City (and its Consultant, if applicable) to procurementAdaniabeachfl.gov by 5:00 P.M. on August 7, 2023. Questions received after this time will not be addressed. 4.2 For information pertaining to this ITB, email the Procurement Administrator at procurementAdaniabeachfl.gov. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or Proposal procedures will be transmitted only by written addendum. 4.3 Interpretations or modifications of the bidding documents made in any manner other than Addendum or Addenda issued by the City shall not be binding and shall have no effect. 4.4 The Bidder, prior to submitting a bid, shall ascertain that it has received any Addendum or Addenda issued by the City for this Project, and that shall be acknowledged in writing by an authorized representative. 4.5 Costs for those matters not questioned and not addressed in an Addendum or Addenda, shall be the responsibility of the Bidder, and Bidder shall be responsible to include such costs within the submitted Bid. 4.6 Bidders shall use the Bid Document Forms furnished in the ITB. Bid Base Amounts shall be furnished in both words and numerals, and in case of a discrepancy between the two, the amount written in words shall govern. 4.7 In the event of a mathematical error in the extension of any unit price, or addition of total price, the unit price shall prevail. 4.8 Insurance Coverage: Bidders who are responding to the Invitation to Bid ("ITB") MUST comply with all of the insurance requirements specified in Section 27 ("Insurance Requirements") of the Bid Documents and the Agreement upon award to the successful Bidder. SECTION 5 - GENERAL CONDITIONS 5.1 Purpose: The purpose of the Invitation to Bid is to establish between the City and the Contractor an agreement to perform the project work. The successful Bidder shall provide a Performance Bond for One Hundred Ten percent (I 1 D%) of the contract price made payable to the City of Dania Beach, Florida, within fourteen (14) days of notification of the award of the agreement. A copy of the Performance Bond form is attached as Exhibit "C"; it is made a part of and is incorporated into the ITB by this reference. 5.2 Documentation: Bidder shall submit in its bid the following: a. Evidence that the Bidder is certified and licensed to perform the required services in the State of Florida. The successful Bidder must be in compliance with all applicable laws and regulations; b. A statement stating the number of years the Contractor has been a qualified provider of the requested services; and C. A complete Bidder's Questionnaire form which is attached as Exhibit "E"; it is made a part of and is incorporated into the ITB by this reference. 5.3 Bidder Expenses: Bidders are solely responsible for their own expenses in preparing and submitting Bids, and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from this ITB. The City and its representatives, agents, consultants and advisors shall not be liable to any Bidder for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by any Bidder in preparing and submitting a Bid, or participating in negotiations for a contract, or any other activity related to or arising out of this ITB. 5.4 No Contract: By submitting a Bid and participating in the process as outlined in this ITB, Bidders expressly agree that no contract of any kind is formed under or arises from this ITB prior to the complete signing by both parties of a formal written contract. 5.5 Conflict of Interest: Bidders shall disclose any potential conflicts of interest and existing business relationships they may have with the City. If requested by the City, a Bidder should provide all pertinent information regarding ownership of the entity within forty-eight (48) hours of the City's request. 5.6 General Conditions: The agreement to be awarded will be subject to the provisions of the United Sates Constitution, Florida laws, statutes and ordinances of the United States of America, the State of Florida, Broward County and the City of Dania Beach. SECTION 5 - SPECIAL CONDITIONS 6.1 Any and all Special Conditions contained in the ITS that may be in variance or conflict 9 with the General Conditions shall have precedence over the General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety. 6.2 The Notice of Invitation to Bid, Bidder's Questionnaire, Specifications, Exhibits, Addendum or Addenda, the legal advertisement of the ITB and any other pertinent documents form a part of the ITB, and ultimately, the agreement; all of the documents are made a part of and are incorporated into the ITB and the awarded agreement. SECTION 7 - PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who, or which has been placed on the State of Florida 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 a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F. S. for CATEGORY TWO, which is $35,000.00, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. A form to that effect, as mentioned above, must be submitted by the Bidder. A copy of the Sworn Statement on Public Entities Crimes is attached as Exhibit "F"; a copy is made a part of and is incorporated into the ITB by this reference. SECTION 8 — PRICES. TERMS ARE TO BE FIRM 8.1 The Bidder warrants by virtue of its Bid that the prices, terms and conditions contained in the ITB shall be firm for a period of no less than one hundred twenty (120) calendar days from the date of the bid opening. 8.2 The bid prices shall include all permit fees, royalties, license fees, taxes and other costs arising from the use of the materials and equipment in any way involved in the Project Work, as well as all costs of packaging, transporting and delivery of any materials and equipment to the designated location within the City, and the site cleanup. 8.3 The City may require the addition or deletion of services from the Contractor if the requirements and needs of the City change, in City's sole opinion. This may entail additional services and additional locations. The Contractor shall provide the City with costs for these additional services and additional locations or both, based upon the cost structure utilized in establishing the pricing for listed locations in initially contracted areas. Deletion of locations, services, or both shall be handled in the same manner as described above. If the costs offered are not acceptable to the City, the City reserves the right to procure the additional services from one or more other Contractors. SECTION 9 - BID SECURITY 9.1 Bid Security: N/A ' 10 SECTION 10 - PROTECTION OF PROPERTY 10.1 The successful Bidder shall at all tunes guard against damage or loss to City property or property of other persons, vendors or Contractors and shall be responsible for replacing or repairing any such damage or loss. The Contractor will be required to report any such damages immediately to the City's representative in charge of the Project. The successful Bidder shall ensure that the area in which the sidewalks are being replaced that pedestrians, and the general public are not injured nor have access to the area (safety screening) in which work is proceeding. 10.2 The City reserves the right to repair any damages created by the Contractor and to deduct the appropriate amount from any payment due to the Contractor. In all cases, the decision of the City is final. SECTION 11 — SITE RESTORATION Contractor shall remove all excess material and shall clean up and restore the site to its Original condition or better. All damage, as a result of work under this Contract, done to existing structures, pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences, walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or stabilized areas or driveways, and including all obstructions not specifically named in this provision, shall be repaired, or replaced, as determined by the City. Site restoration shall be done in a timely manner. SECTION 12 - INSTRUCTIONS TO BIDDERS 12.1 Form Documents: The bid and its accompanying statements must be made on the forms provided in the ITS. The forms must be submitted in good order and with all the blanks completed. The bid must be signed by a representative of the Bidder duty authorized to do so, and, in the case the bid is signed by a deputy or subordinate, the principal's written authority to do so must accompany the bid. 12.2 Taxes: The City is exempt from any taxes related to the requested services, which may otherwise be imposed by the state or federal government. This exemption does not transmit to suppliers in their purchases of goods or services, used in work or goods supplied to the City. The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. SECTION 13 - RETENTION OF RECORDS AND RIGHT TO ACCESS The successful Bidder shall preserve and make available all financial records, supporting documents, statistical records, and any other documents pertinent to the agreement for a period of three (3) years after termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been resolved at the end of these three (3) years, the records shall be 11 retained by the City until resolution of audit finding. SECTION 14 - NON -COLLUSION STATEMENT By submitting a bid, the Bidder affirms that the bid is without previous understanding, agreement, or connection with any person, business, or corporation and that the bid is in all respects fair, and made without collusion or fraud. The Non -Collusion Affidavit form must be executed by the Bidder; a copy of the form is attached as Exhibit "H' ; it is made a part of and is incorporated into the ITB by this reference. SECTION 15 - FLORIDA TRENCH SAFETY ACT The Bidder shall include with its Bid, when applicable, all documentation required by the Florida "Trench Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid, and those presented in any subsequent change orders shall include the Bidder's cost for compliance with the applicable trench safety standards. SECTION 16 - MINIMUM AND MANDATORY TECHNICAL SPECIF ICATIONS The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to provide these items, and feels that the technical specifications are overly restrictive, the Bidder must notify the City of Dania Beach in writing immediately. Such notification must be received by the City prior to the deadline contained in the ITB, for questions of a material nature, at least ten (10) calendar days prior to the bid opening date. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to the Bidder. SECTION 17 - PUBLIC RECORDS 17.1 Bid Submissions Shall Become City Property: All submissions become the property of the City and will not be returned to the Bidder. The City will hold all submissions in confidence unless otherwise required by law. 17.2 Contractor's Obligations: Bidders should be aware the City is a "public body" as defined in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section 119.0701(2) (a), and the related provisions of the Florida Public Records Law. If awarded this project, the following will apply: 17.2.1 Documents to Be City Property: Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with the contract are and shall remain the property of the City. 17.2.2 Maintenance of Records: Bidder agrees to keep and maintain public records in Bidder's possession or control in connection with Bidder's performance under the contract. Bidder additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. The records should be maintained for at least five years after completion of work. Bidder shall ensure that public records that are exempt or confidential and exempt from public records disclosure 12 requirements are not disclosed, except as authorized by law, for the duration of the contract, and following completion of the contract until the records are transferred to the City. 17.2.3 Response to Public Records Requests: Upon request from the City custodian of public records, Bidder shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 17.2.4 Delivery of Records: Upon completion of the contractor in the event of termination by either party, any and all public records relating to the contract in the possession of the Bidder shall be delivered by the Bidder to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Bidder shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of the contract, the Bidder shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Any compensation due to Bidder shall be withheld until a]I records are received as provided in this ITB. 17.2.5 Failure to Comply: Bidder's failure or refusal to comply with the provisions of this section shall result in the immediate termination of the contract by the City. 173 Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes: IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE BIDDER MUST CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Mailing Address: Telephone number: Email: Elora Riera, City Clerk 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 954-924-6800, Ext. 3623 eriera Adania beat h fl. gov SECTION 18 - SUCCESSORS AND. ASSIGNS The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and legal representatives to the agreement. Neither party to the agreement shall assign or subcontract it or any portion of it, without the advance written consent of the other. 13 SECTION 19 - QUALIFICATION OF BIDDERS 19.1 Bidders' Qualifications: The Bidder shall complete the Bidders' Qualifications Form (Exhibit "A") attached, along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Bidder to demonstrate successful performance of projects of a similar magnitude, scope and value as this project may be deemed to be grounds for declaring the Bidder to be non -responsible. 19.2 Certified Financial Statement: If requested by the Owner, the Bidder shall submit a certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current financial resources, liabilities, capital equipment, and financial history performance. 19.3 Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by the City for any one or more of the following reasons: a. Reason to believe that collusion exists among the Bidders. b. The Bidder is or has been involved directly or indirectly in litigation or arbitration against the Owner within the past ten (10) years. c. The Bidder has defaulted on any previous contract with the Owner within the past ten (10) years or is in arrears on an existing contract. d. The submittal of more than one Bid from an individual, firm, partnership, corporation or association under the same or different names. All such parties shall be disqualified. e. Untimely bids shall be automatically and absolutely disqualified and returned unopened. Excuses for the untimely submittal shall not be accepted. The time of bid receipt documented by the City Clerk's office shall determine the timeliness of the Bid. 19.4 Non -responsible Bidder: A Bidder may be determined by the Owner to be "non -responsible" once Bids are opened, and a Bid may be rejected for any one or more of (but not limited to) the following reasons: a. Determination of a lack of competency as may be revealed by qualification statements, financial statements, experience records or other information disclosed to Owner by other sources. b. The Bidder's uncompleted or pending workload on other projects, which in the judgment of the Owner may cause detrimental impact on timely completion of the Work. c. The appearance of an unbalanced Bid, as determined by the Owner. d. If the Bidder makes one or more false statements or provides false information in connection with any portion of the bidding documents. e. If the Bidder fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project. 19.5 Non -responsive Bidder: A Bidder may be deemed to be non -responsive and a Bid may be rejected for any of, but not limited to, the following reasons: a. If the Bidder fails to submit a complete Bid, including but not limited to, submitting evidence of all insurance coverages required by the Bid and the Contract Documents. b. If the Bidder fails in any way to abide by any of the provisions of the Contract Documents. SECTION 20 - CONTRACTOR'S RELATION TO THE CITY- INDEPENDENT 14 CONTRACTOR It is expressly agreed upon and understood that the Contractor will be in all respects an independent contractor as to the Project Work, and that the Contractor is in no respect an agent or employee of the City. The agreement will specify the Project Work to be done by the Contractor, but the method to be employed to accomplish the work shall be the responsibility of the Contractor, unless otherwise provided in writing in the agreement. Contractor and its employees are not entitled to any of the benefits that the City provides for City employees. SECTION 21 - EMPLOYEES OF THE CONTRACTOR 21.1 Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in the ITS. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re -let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. 21.2 Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. SECTION 22 - AVAILABILITY OF FUNDS The obligations of the City under the awarded agreement will be subject to the availability of funds. SECTION 23 - LICENSES PERMITS AND FEES In accordance with the Public Sid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee a Contractor will have to pay the City before or during the work, items or services to be provided or the percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City by virtue of the work, items, or services as part of the agreement are as follows: a. Contractor shall have and maintain during the term of the agreement any and all appropriate City licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). b. During the performance of the agreement, there may be times when the Contractor will be required to obtain a permit for such work, or in connection with the items or services. It is the responsibility of the Contractor to ensure that it has the appropriate permits as may become necessary during the performance of the work. Any fees related to 15 the required permits in connection with the agreement will be the sole responsibility of the Contractor. c. Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal government. d. City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination System (NPDES). SECTION 24 - TERMINATION OF AGREEMENT If the successful Bidder who or which is awarded the contract fails to provide the services, or shall in any other manner commit a breach of the agreement and fails to remedy the same within five (5) calendar days after receipt of written notice from the City, the City may terminate the agreement resulting from the ITB without any further notice to the Contractor. City representatives will review the construction services periodically to assure that the requirements of the agreement are being met. If any work is unsatisfactory, the Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. If deficiencies are not corrected within five (5) working days, the City may, at its option, perform the required services or contract to have them performed and deduct the cost of those services from the agreement cost. SECTION 25 - TERNIINATION OF AGREEMENT FOR CAUSE If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under the agreement, or if the Contractor shall violate any of the provisions of the agreement, the City may upon written notice to the Contractor, terminate the right of the Contractor to proceed under the agreement, or as to such part or parts of the agreement for which there has been a 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 default and termination, any completed services performed by the Contractor under the 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 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 set-off until such time as the amount of damages due to the City from the Contractor can be determined. The City reserves the right to terminate the agreement upon thirty (30) calendar days' written notice, without cause. SECTION 26 - INDEMNIFICATION AND HOLD HARMLESS PROVISIONS 26.1 The selected Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: a. bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, anyone directly or indirectly employed by any of 16 them, or anyone for whose acts any of them may be liable in the performance of the work; b. any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent rights by Contractor in the performance of the work; c. liens, claims, actions made by the Contractor or other party performing the work; and d. claims of whatsoever nature related to collection practices or any actions of a contradictory nature pursuant to the Agreement or in an attempt to collect monies due or claimed to be due to the City. 26.2 Indemnification for Construction Contracts. In the event that the performance of services under the Contract is deemed to be a "construction contract" pursuant to §725.06, Florida Statutes, as it may be amended from time to time, the following indemnification shall apply: To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the Contractor agrees to indemnify and hold harmless the Owner, its officers, employees, and assigns from liabilities, damages, losses, and costs including, but not Iimited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the provisions in the Contract Documents. SECTION 27 - INSURANCE REQUIREMENTS 27.1 Insurance Required Before Commencement of Work: The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Section, and not until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work on any subcontract until the Subcontractor and all Coverages required of any Subcontractor have been obtained and approved by the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy deductibles and self -insured retentions. 27.2 Insurance Requirements. Coverages shall be in force until all Work required to be performed under the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON -EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE BID DOCUMENTS CONCERNING CONTRACTOR DELAY. 17 27.3 Required Minimum Coverages: The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The CONTRACTOR shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible amounts. 27.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. 27.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): a. Annual Aggregate shall apply "Per Job"; b. "The City of Dania Beach, Florida" is added as a named "Additional Insured"; c. Additional Insured status is included for Products completed operations coverage for a period of no less than five (5) years following the completion of the Work or Project; d. Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 2037 (07 04); e. Contractor's insurance shall be primary and non-contributory; f. Waiver of Subrogation in favor of the City; g. 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and h. Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. 27.6 WORKERS' COMPENSATION INSURANCE must be provided for all persons fulfilling this agreement whether employed, contracted, temporary, or subcontracted for the life of the agreement, including any applicable warranty period(s), and it is to apply to all "statutory employees" of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. 27.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Contractor shall require any Subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees, in addition to any coverage afforded by the Contractor, by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00) Employers' Liability Limits Part B. 27.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK, THE FOLLOWING: 18 A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS' COMPENSATION INSURANCE COVERAGE; OR B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. 27.9 SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance) : A) 30 Days' Notice of Cancellation or Modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and B) Waiver of Subrogation. 27.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired, and non -owned vehicles. 27.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): A) "The City of Dania Beach" is added as a named "Additional Insured", B) 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and C) Waiver of Subrogation. 27.12 Proof of Insurance: The following are requirements that must be met regarding the Bidder's delivery of Certificates of Insurance for all coverages required in the Agreement and Bid Documents: 27.12.1 "Preliminary" certificate means that certificates of insurance verifying all general insurance requirements (as noted below) must be included with Bid at submittal on the date and time of the Bid opening. If the "preliminary" certificates are not included with a Bid submittal, then the City has the right to consider the submitted Bid as non -responsive on the date and time of the Bid opening. "Preliminary" Certificates may be issued without documentation of all "Special Provisions". However, Contractor does understand that all provisions, including "Special Provisions" noted below are expected to be fully documented on or attached to the "Official" Certificates of Insurance as described below. 27.12.2 "Official" Certificates of Insurance must be delivered to the City Clerk's office and Risk Manager of the City. if the "Official" certificates are not delivered before or on the fourteenth (141h) Business Day after the issuance by the City of the "Notice of Intent to Award", then the City has the right to consider the awarded Agreement to the successful Bidder as void and to negotiate a contract with the next lowest responsive and responsible Bidder. "Special Provisions", as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the "Official" certificates. 19 27.12.3 All Certificates of Insurance must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to City. If this coverage is not provided, then Contractor is responsible for such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than A-VII in the latest edition of the `BEST'S KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's rating shall drop, the insurance carrier shall immediately notify the City in writing. SECTION 28 — SAFETY 28.1 The successful Bidder shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The successful Bidder shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments. 28.2 Bidder, by submitting a bid, certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health Act (OSHA). SECTION 29 - WARRANTY The Contractor shall warrant to the City that materials and equipment furnished under the agreement will be of good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the City's name and for its sole benefit. The warranty shall be for one year after completion of the work. SECTION 30 - RESPONSIBLE BIDDER No bid will be accepted from, nor will any agreement be awarded to, any person or entity who or which is in arrears to the City of Dania Beach upon any debt or agreement, who or which is in default as surety or otherwise upon any obligation to the City, who is deemed irresponsible or unreliable by the City, or who or which has been found guilty or convicted of a Public Entity crime in any federal or state trial court of record. SECTION 31 - CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD The City shall have the right to investigate the financial condition and experience record of the Bidder, and determine to its satisfaction the competency of the Bidder to undertake the requested 20 services in the ITB. SECTION 32 - BILLING PROCEDURE The preferred method for invoices is to send via email to a q),daniabeachfl. ov. A copy may also be mailed to City Hall. with a copy to: City of Dania Beach Finance Department Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 City of Dania Beach Parks and Recreation Department Attn: Eric Brown 100 West Dania Beach Boulevard Dania Beach, Florida 33004 The City will pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to adjustments as provided in the Contract Documents, the amounts equal to the sum of the unit, lump sum price or both established for each separately identified work item, times the estimated quantity of that item, as indicated in the Schedule of Prices. As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is an estimate only and the final Contract amount and the total payment made to the Contractor will be based on the actual number of units of each work item incorporated in the Work of the Contract. It is understood that the unit prices quoted or established for work items will be used for computing the amount to be paid to the Contractor, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the Specifications. SECTION 33-PROHIBITION AGAINST CONSIDERING SOCIAL POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. SECTION 34 - BID PROTEST PROCEDURE 34.1 After a Notice of Intent to Award a contract is posted, any actual or prospective Bidder claiming to be aggrieved in connection with the pending award of the Contract or any element of the process leading to the award of the Contract may protest to the City Manager. A protest must be filed by 5:00 PM on the third (3`d) Business Day after posting at City Hall of the Notice of 2t Award (excluding the day that the Notice is posted) or any right to protest is waived. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and a Bid Protest Bond are timely received by the City Manager's Office. 34.2 A Bid Protest Bond shall accompany the written protest, to compensate City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be retained by the City. The deposit shall be in the form of a cashier's check, and shall be the one percent (1%) of the amount of the pending award to the initial successful Bidder or five thousand ($5,000.00) dollars, whichever is less. 34.3 The Protest Committee shall have the authority to review, settle, and resolve all protests. Members of the Protest Committee will be appointed by the City Manager. If the Protest Committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law, applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps are to be taken to remedy it. 34.4 In the event of a timely protest, the City Manager shall stay the award of the Contract unless, after consulting with the City Attorney and a representative from the City's Department for which the services are being obtained, the City Manager determines that the award of the Contract without delay is necessary to protect the substantial interests of the City. The continuation of the bid award process under these circumstances shall not preempt or otherwise affect the protest. SECTION 35 - LITIGATION 35.1 In addition to any other provision of this ITB, the City may, in its absolute discretion, reject a Bid if the Bidder, or any officer or director of the Bidder submitting the Bid, is or has been engaged directly or indirectly in legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. 35.2 In determining whether or not to reject a Bid under this section, the City will consider whether the litigation is likely to affect the Bidder's ability to work with the City, its consultants and representatives and whether the City's experience with the Bidder indicates that there is a risk that the City will incur increased staff and legal costs in the administration of the contract if it is awarded to the Bidder. 35.3 A contract with the successful Bidder will include the following: GOVERNING LAW; CONSENT TO JURISDICTION. The law of the State of Florida shall govern the contract. The contract is not subject to arbitration. THE PARTIES EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES ARISING FROM, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL CONTRACT TERM. 22 35.4 All claims, counterclaims, disputes and other matters in question between City and the Contractor arising out of, relating to or pertaining to the Contract, the breach of it, the services of it, or the standard of performance required in it, are to be addressed by resort to non -binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. If City or Contractor incurs any expense in enforcing the terms of the Contractor, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorney fees. SECTION 36 - CONTRACT AWARD AND EXECUTION 36.1 Bid Opening and Evaluation: The City will publicly open and announce all bids it receives by total amount in accordance with the terns of the advertisement. The City will verify all bidders have properly submitted and executed all required bid documents and forms; review all bids for accuracy; prepare a tabulation of the bids showing the item details and total bid for all responsible bids; check for conformance of a]I bids to the engineer's estimate; evaluate unbalanced bid items; confirm the bid tabulations; and provide a recommendation for award of bid or recommendation for re -advertisement, if appropriate, to the City Commission. 36.2 Rejection of Bids: The City may reject bids in the following circumstances: (a) where the low bid differs from the engineer's estimate by an unreasonable amount (reasonable conformance pursuant to 23 CFR 635.114(c)) (b) where obvious unbalancing of unit prices has occurred, or (c) where competition is considered to be inadequate relative to the size, type, and location of the project. 36.3 Prohibition of Negotiations with Contractors or Bidders: Negotiations with contractors are not permitted during the advertisement, award, or execution period of the contracting process. 36.4 Contract Award and Execution: The City will enter into a contract with the lowest priced and the most responsive and responsible bidder, The contract term shall be for a period of three (3) years. If the City is unable to come to terms with the lowest priced and the most responsive and responsible bidder, the City shall initiate the award process with the next lower priced most responsive and responsible bidder, and so on, until a contract is executed. The City is under no obligation to accept any Bid submitted. The City reserves the right in its sole discretion to waive informalities in, or, at any time in the process and to reject any or all Bids at any time. All costs incurred in the preparation and presentation of any Bid shall be wholly absorbed by the 23 Bidder. All supporting documentation and manuals submitted with any Bid will become the property of the City of Dania Beach unless otherwise requested by the Bidder at the time of submission. SECTION 37 — CONE OF SILENCE 37.1 Cone of Silence: Definitions: "Cone of Silence," as used in this ITB, means a prohibition on any communication regarding a particular Request for Proposal ("RIFF), Request for Qualification ("RFQ") or Invitation to Bid ("ITB"), between: a potential vendor, service provider, Bidder, bidder, lobbyist, or consultant, and: a City Commission member, City's professional staff including, but not limited to, the City Manager and her staff, or any member of the City's Selection Committee. Restriction; Notice: A Cone of Silence shall be imposed upon this ITB upon the advertisement of the ITB. At the time of imposition of the Cone of Silence, the City Manager or designee shall provide for public notice of the Cone of Silence by posting a notice at City Hall. The City Manager shall issue a written notice as to the Cone of Silence to the affected departments, file a copy of such notice with the City Clerk, with a copy to each City Commissioner, and shall include in any public solicitation for goods or services a statement disclosing the requirements of this section. Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Commission meeting (whether a regular or special meeting) at which the City Manager makes a written recommendation of award to the City Commission. However, if the City Commission refers the City Manager's recommendation back to the City Manager or staff for further review, the Cone of Silence shall be re -imposed until such time as the City Manager makes a subsequent written recommendation. Exceptions to Applicability: The provisions of this section shall not apply to: a. Oral communications at pre -bid conferences; b. Oral presentations before the Selection Committee; c. Public presentations made to the City Commission members during any duly noticed public meeting; d. Communications in writing at any time with any City employee, unless specifically prohibited by the ITB. The Bidder shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request; e. Communications regarding the ITB between a potential vendor, service provider, Bidder, lobbyist or consultant and the City's Procurement and Contract Services Agent or City employee designated as responsible for 24 administering the procurement process for the ITB, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; f. Communications with the City Attorney and his staff; g. Duty noticed site visits to determine the competency of a Bidder regarding the ITB during the time period between the opening of Bids and the time the City Manager makes a written recommendation; h. Any emergency procurement of goods or services pursuant to City Code; i. Responses to the City's request for clarification or additional information; j. Contrast negotiations during any duly noticed public meeting; k. Communications to enable City staff to seek and obtain industry comment or perform market research, provided all related communications between a potential vendor, service provider, Bidder, lobbyist, or consultant and any member of the City's professional staff including, but not limited to, the City Manager and his staff are in writing or are made at a duly noticed public meeting. Penalties: Violation of this section by a particular Bidder shall render any ITB award or contract to the Bidder voidable by the City Commission or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided in this ITB, violation of any provision of this section by a City employee may subject the employee to disciplinary action. Please contact the City Attorney for any questions concerning "Cone of Silence" compliance. 25 EXHIBIT "A" BIDDER QUALIFICATIONS ITB NO.23-016 The Bidder, as a result of this Bid, MUST hold a county or municipal business tax receipt in its area of its fixed business location. The following information MUST be completed and submitted with the Bid to be considered: 1. Legal Name and Address: Name: Address: City, State, Zip: Telephone/Fax: 2. Specify type of entity Check One: Corporation () Partnership () Individual () Other ( ) SPECIFY 3. If Corporation, state: Date of Incorporation: State in which Incorporated: 4. If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by the Office of the Florida Secretary of State: 5. Name and Title of Principal Officers Date Elected: 6. The length of time in business: years 7. The length of time (continuous) in business in Florida: vears 8. Provide a list of at least five commercial or government references that the successful Bidder has supplied service/commodities meeting the requirements of the City of Dania Beach specifications, within the last five (5) years (see attached). 9. A copy of a county or municipal Business Tax Receipt. i i o. SIMILAR PROJECTS WITHIN THE LAST FIVE (5) YEARS Project Title Project Title Address Address Owner Owner Owner's Telephone Number Owner's Telephone Number Contract Value Contract Value Percent Complete Completion Date Percent Complete Completion Date Project Title Project Title Address Address Owner Owner Owner's Telephone Number Owner's Telephone Number Contract Value Contract Value Percent Complete Completion Date Percent Complete Completion Date 27 Project Title Address Project Title Address Owner Owner Owner's Telephone Number Owner's Telephone Number Contract Value Percent Complete Contract Value Completion Date Percent Complete Completion Date Project Title Address Owner Owner's Telephone Number Contract Value Percent Complete Completion Date Project Title Address Owner Project Title Address Owner Owner's Telephone Number Contract Value Percent Complete Completion Date Project Title Address Owner 28 Owner's Telephone Number Contract Value Percent Complete Completion Date Owner's Telephone Number Contract Value Percent Complete Completion Date IL Have you ever failed to complete any work awarded to you? Yes No If yes, attach a separate sheet of explanation. 12. Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete an Agreement? Yes No If yes, attach a separate sheet of explanation. 13. Within the last five years, have you ever had a performance, payment or bid bond called? Yes No If yes, attach a separate sheet of explanation. 14. Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration against the City? Yes No If yes, attach a separate sheet of explanation. 15. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any other Florida public entity? Yes No If yes, attach a separate sheet of explanation. 16. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any private entity for an amount greater than $100,000? Yes No If yes, attach a separate sheet of explanation. 17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been charged or indicted for any criminal activity within the last five years? Yes No If yes, attach a separate sheet of explanation. 18. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted or fined for any criminal activity within the last five years? Yes No If yes, attach a separate sheet of explanation. 19. Within the last five years, have you, any officer or partner of your organization, or the organization been investigated by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office? Yes No If yes, attach a separate sheet of explanation. 29 20. Within the last five years, have you, any officer or partner of your organization, or the organization communicated with any local, state, or federal law enforcement agency, criminal justice agency or inspector general office relating to goods or services provided or performed for any governmental entity? Yes No If yes, attach a separate sheet of explanation. 21. Within the last five years, have there been any reports or audits relating to you, any officer or partner of your organization, or the organization issued by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office. Yes No If yes, attach a separate sheet of explanation. 22. Within the last five years, have you, any officer or partner of your organization, or the organization failed to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or potential or apparent conflicts of interest. Yes No If yes, attach a separate sheet of explanation Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania Beach and will be a factor considered in awarding any resulting contract. The purpose is to insure that the successful Bidders in the sole opinion of the City of Dania Beach can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms or conditions that are in conflict, the most stringent requirement shall apply. END OF BIDDER QUALIFICATIONS 30 EXHIBIT "B" BID FORM ITB 23-016 "EVENT EQUIPMENT RENTAL" Bid Form is posted on City Webpage and DemandStar EXHIBIT "C" BIDDER'S QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers contained below: 1. How many years has your organization been in business? 2. List below (or on an attached sheet, if necessary) the names, addresses and telephone numbers of organizations, governmental, private or both located in Broward, Miami -Dade or Palm Beach Counties, for which you are now, or have within the past five (5) years, provided services similar to that called for in the Invitation to Bid. 3. List below (or on an attached sheet, if necessary) all pertinent information and data that would indicate the ability of your organization and management personnel to perform satisfactorily. 4. Have you personally completed a plan for performance of the work? 5. Have you ever failed to complete work awarded to you? If so, when, where and why? 6. What equipment do you own that is available for work? 7. Has your company ever been debarred or held in default in Broward, Miami -Dade, or Palm Beach Counties or elsewhere by any other governmental entity? 8. How many employees (Contractors only) will be assigned to perform the services? 9. How many supervisors will be assigned to perform the services? 10. Will personnel he part of a regular crew assigned to perform the services? Yes No 11. Will you be able to provide service for emergency situations? Yes No If so, how much notice is required? 12. What equipment do you own that is available to complete the Project? Please attach copies of any licenses, awards, certificates, etc., that you may have. EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS AND SHIELDS INSTALLED AND FUNCTIONING AT THE TIME OF WORK. END OF BIDDER'S QUESTIONNAIRE EXHIBIT "D" Sworn Statement Under Section 4287.133(3)(a), Florida Statutes on Public Entity Crimes (This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths.) This sworn statement is submitted with Invitation to Bid No. 23-016. 2. This sworn statement is submitted by: its business address is: Federal Identification Number (FEIN) is: Social Security Number: (name of entity submitting sworn statement) (if applicable) (if the entity has no FEIN, include the Social Security Number of the individual signing this swom statement) 3. My name is: (PRINT NAME of individual signing this document) and my relationship to the entity is: (President, General Partner, etc. as applicable) 4. I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Section 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non - jury trial, or entry of a plea of guilty or nolo contendere (also known as "No Contest"). 6. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: (a) A predecessor or successor of a person or a corporation convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "'affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima -facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding agreement and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which that I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies): Neither the entity submitting the sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to duly 1, 1999 and (Please now indicate which additional statement below applies): There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order) The person or affiliate was placed on the convicted list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Florida Department of General Services) SIGNATURE (of person whose name first appears above) STATE OF FLORIDA COUNTY OF ) Sworn to and subscribed before me on the corporation/partnership who My commission expires: as Date _, a corporation/partnership, (check one) [ ] is personally known to me or [ ] as identification. Signature of Notary Public PRINTED Name of Notary 20 by of on behalf of zas produced EXHIBIT "E" NON -COLLUSION AFFIDAVIT The undersigned Bidder has not divulged to, discussed, or compared his/her/its Bid with any other Bidders and has not colluded with any other Bidder or parties to the Bid whatsoever. Name of City Project: EVENT EQUIPMENT RENTAL City's Invitation to Bid No.: 23-016 Name of Bidder SIGNATURE of Bidder or Authorized Agent of Bidder Title ,2D Date STATE OF FLORIDA } ss: COUNTY OF } PRINT Name of Bidder or Authorized Agent of Bidder BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ❑ physical presence or 0 online notarization, on as of , an organization authorized to do business in the State of Florida, and acknowledged and executed the foregoing statement as the proper official of for the use and purposes mentioned in it and affixed the official sea] of the entity, and that the instrument is the act and deed of that entity. He/she is personally known to me or has produced as identification. Signature of Notary Public PRINTED Name of Notary My commission expires: EXHIBIT "F" INDEPENDENCE AFFIDAVIT The undersigned individual, being duly sworn, deposes and says that: I am of , the Bidder that has submitted the attached Bid; I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my household have or have had during the past five years, any relationships (professional, financial, familial or otherwise) with the City (or any of its districts), its elected or appointed officials, its employees or agents, or any member or alternate member of the Selection Committee. A "relationship" for the purpose of this affidavit shall include but not be limited to employer/employee, consultant, contractor, subcontractor, associate, officer, partnership, joint venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient (in excess of $100.00), past or on -going personal relationships, or joint involvement with charitable/voluntary activities. Relationship includes having a prior or current contract with the City. Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my household have received any promise of compensation, remuneration, gift, discount, or other gratuity in exchange for my Bid. I understand and agree that I shall give the City written notice of any other relationships (as defined above) that I enter into with the City (or any of its districts), its elected or appointed officials, its employees or agents, or any member or alternate member of the Selection Committee during the period of the Agreement. I set forth below any exceptions to the aforementioned (if none, write "None"): Signature (Blue ink only) Print Name EXHIBIT F — (CONTINUED) Title Date STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ❑ physical presence or ❑ online notarization, on as , of an organization authorized to do business in the State of Florida, and acknowledged and executed the foregoing statement as the proper official of for the use and purposes mentioned in it and affixed the official seal of the entity, and that the instrument is the act and deed of that entity. He/she is personally known to me or has produced as identification. Notary Public PRINT Name of Notary Public My commission expires: EXHIBIT "G" REFERENCES Bidder shall provide a minimum of three references for which the bidder has provided services within the past five (5) years. Name of company: Address: Telephone number: Email address: Principal contact person(s): Year contract initiated and terminated: Name of company: Address: Telephone number: Email address: Principal contact person(s): Year contract initiated and terminated: Name of company: Address: Telephone number: Email address: Principal contact person(s): Year contract initiated and terminated: EXHIBIT "H" ACKNOWLEDGMENT OF ADDENDA The Bidder acknowledges the receipt of the following addenda issued by the City and incorporated into and made part of the ITB or the Agreement. In the event the Bidder fails to include any such addenda in the table below, submission of this form shall constitute acknowledgment of receipt of all addenda, whether or not received by the Bidder. ADDENDUM ❑ATE PRINT NAME TITLE SIGNATURE NUMBER RECEIVED {BLUE INK ONLY} EXHIBIT "I" CERTIFICATION TO ACCURACY OF BID The Bidder, by executing this form, certifies and attests that all forms, affidavits and documents related to the document that it has enclosed in the Bid in support of its Bid are true and accurate. Failure by the Bidder to attest to the truth and accuracy of such forms, affidavits and documents shall result in the Bid being deemed non -responsive and such Bid will not be considered. By submitting a Bid to do the work, the Bidder certifies that a careful review of the ITB and the Agreement has taken place and that the Bidder is fully informed and understands the requirements of the ITB and the expected Agreement and the quality and quantity of services to be performed. The undersigned individual, being duly sworn, deposes and says that: A. He/She is the Bidder that has submitted the attached Bid; of B. He/She is fully informed respecting the preparation and contents of the attached Bid and of all forms, affidavits and documents submitted in support of such Bid; C. All forms, affidavits and documents submitted in support of this Bid and included in this Bid are true and accurate; D. No information that should have been included in such forms, affidavits and documents has been omitted; and E. No information that is included in such forms, affidavits or documents is false or misleading. EXHIBIT "[" CERTIFICATION TO ACCURACY OF BID (continued) Signature (Blue ink only) Print Name Title Date STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ❑ physical presence or ❑ online notarization, on as , of , an organization authorized to do business in the State of Florida, and acknowledged and executed the foregoing statement as the proper official of for the use and purposes mentioned in it and affixed the official seal of the entity, and that the instrument is the act and deed of that entity. He/she is personally known to me or has produced as identification. My commission expires: Notary Public PRINT Name of Notary Public EXHIBIT "J" DRUG -FREE WORKPLACE CERTIFICATION FORM Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are received by the CITY OF DANIA BEACH for the procurement of commodities or contractual services, a bid/Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). 4. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of Section 287.087, Florida Statutes. This Certification is submitted by (PRINT Name of Authorized Agent) the (Title) (Bidder Name) who does certify that said Company has implemented a drug -free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6)above. SIGNATURE DATE CITY OF DANIA BEACH, FLORIDA DANIA BFACH SEA I" it ;GwE t EVENT EQUIPMENT RENTAL CITY INVITATION TO BID ("ITB.") NO. 23-016 ADDENDUM I Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 AUGUST 8, 2023 CITY OF DANIA BEACH, FLORIDA INVITATION TO BID FOR "EVENT EQUIPMENT RENTAL" ITB 23-016 ADDENDUM 1 TO ALL BIDDERS: PLEASE TAKE NOT E OF THE FOLLOWING REVISIONS, ADDITIONS,DELETIONS, CLARIFICATIONS, ETC. RELATIVE TO THE SOLICITATION, WHICH IN ACCORDANCE WITH THE CONTRACT DOCUMENTS SHALL BECOME A PART OF AND HAVE PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE. 1. The following items are added to the Bid Form, Exhibit `B': • Daily Rental of 8'x 12'x2' Portable riser pieces with fixed height stairs • Daily Rental of 8'x 12'x4' Portable riser pieces with adjustable height stairs • Daily Rental of 12'x 12'x2' Portable riser pieces with fixed height stairs • Daily Rental of 12'x 12'x4' Portable riser pieces with adjustable height stairs • Daily Rental of 16'x 16'x4' Portable riser pieces with adjustable height stairs • Daily Rental of 20'x 20'x4' Portable riser pieces with adjustable height stairs • Fixed Height Stairs for stages 2' high • Adjustable height stairway • Stage Skirt • Universal guard rails • ADA Compliant disability ramp 7 0 H d aW m r o r G 0 J W In W W F W W W LU Q Z < a 0 O C7 O� a o Q o a o v v O o o a a w n p p m d CD CD o co CD a v a CD ui o iri CD to CD o p v ao o v o ro CDv o v aao coir cao �i M iN` ,� ° � W ui Lo 'a cn O7 N r N 'P7 -tr N N w CV N w Q7 d Q d d Q Q d Q d d d Q 'Q Q d C Q Q d Q Q d d Q Q s W W W L:c LU W W: W LU W W W W w W W W a 7 W W L1 W LU C u v V U t—xr- co N , 4O LR V7 V1 t/7 CIS r!1 V7 !/] cn eC y � G cG � cd N cG G � G tG� c3 G [C G � G• i�J v3-�3-03-�3-03 �3b3-o3 �3-0.� Ln v -� -v -v 0 ❑ V) ❑ 0 a ❑ Q O ❑ O O Q ❑ e y CD 0 o a o a o c a o o G a o Q a o Q Q � n y0 > --^ N N Cat CV crl M tr +.O �G vl �n �D U Co 00 ,� `: L pi C� O O o a C b O C N N p N O N q 0 0< N N M M d' 0 0 b0 Cc loc �' '� ;/7 ❑ f7.. gn c� 77 6J C 0 0 y v cs v v v v w o� v v v v w v w v w v v c Lo o i� cc cG ca sC cq cc cC R c3 ca R cc M 0 cc co @ cv 0- 0 F Z 0 H W Li d Z_ n' Q LY i] � Z � Q W 0 a � L rn EA U7 J W F Cl, _F S LL 2 C7 0 3D W 0C oW L?a 6L- W ZQ TO F cn I- M MW 0 U)a� a� W" [n C] ca LD U z0 CCa 2CL �U U� Ld Q m_, a� Q m C 3 0 2 Y m N d 7 4) N H O) C w o Fw- C F W O W Z WIL O O p Z O O ` W K LL Z Z p ZO Z 0 g c C SQ 8 LL. -' J 0 0 0 0 0 `L u o J U --{{ W �n W �' R o 0 0 0 O c D c o $ a o Cl ID C CD CD V IDg$ S R LO o n N C 0 o� S g N CO) 2 00 v 8 Q1 Q1 cV e- cV vi °D .�- rn V N c0 cV c�1 .�- n cam) 1n 't h � N ui ti N &0 Q W Q W Q W Q W Q W Q W Q Q Q W Q Q Q W W W W W W W W W W W W W W W W W W W W W LU W r.. ao v X N X N co M ? aa� 'a+ X X x 0 d AD rn Si rn U) O �� ,L$O� H Z H Z H Z N .- O Z �n $ -per •t71 .�?y O cm,9 o co_ Lx 3 3 3 w w U O _O M i f j 14 0 O C x Y 0 V pp + � Jen GGGX . 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