HomeMy WebLinkAboutR-2025-028 Allied Universal Agreement for Sodium Hypochlorite (Fort Lauderdale)RESOLUTION NO. 2025-028
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT UNDER THE CITY OF FORT LAUDERDALE
CONTRACT ITB NO. 12525-312, THROUGH THE SOUTHEAST FLORIDA
GOVERNMENTAL PURCHASING COOPERATIVE PURCHASING GROUP,
FOR SODIUM HYPOCHLORITE WITH ALLIED UNIVERSAL, CORP.,
VALID THROUGH AUGUST 31, 2025, AND TO EXCEED THE ANNUAL
VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS
($50,000.00); AUTHORIZING SUCH PURCHASES TO BE MADE WITHIN
THE RESPECTIVE DEPARTMENTS’ APPROVED ANNUAL BUDGET
APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection (j), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of the established monetary threshold
without competitive bidding and without advertisement for bids and is authorized to do so if a
resolution is adopted in advance by the City Commission and if such purchases are made
pursuant to a competitive bid obtained in the last eighteen (18) months by other government
agencies such as the federal government, State of Florida, or a Florida municipality or county, or
multiple agencies forming a co-op; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
“Monetary thresholds for certain purchases and payment disbursement authorizations”,
Subsection (a), sets the monetary threshold or limitation at Fifty Thousand Dollars ($50,000.00)
for a vendor each fiscal year that the contract is valid; and
WHEREAS, the Public Services Department utilizes Allied Universal Corporation and
deems it favorable to purchase sodium hypochlorite from this source for its Water Treatment
Plant’s process; and
WHEREAS, the cost of the services will exceed the annual vendor threshold amount of
Fifty Thousand Dollars ($50,000.00) in a single fiscal year and therefore, City Commission
authorization is needed; and
RESOLUTION #2025-028 2
WHEREAS, the Public Services Department is seeking authorization from the City
Commission to enter into an Agreement to utilize the City of Fort Lauderdale Contract No. ITB
#12525-312, through the Southeast Florida Governmental Purchasing Cooperative Group,
effective through August 31, 2025, with Allied Universal Corp. for the purchase of sodium
hypochlorite which Agreement is attached as Exhibit “A”, and which is made a part of and is
incorporated into this Resolution by this reference; authorization is also being requested to exceed
the City’s threshold of Fifty Thousand Dollars ($50,000.00) for a single vendor for fiscal year
2024/25.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “WHEREAS” clauses are ratified and confirmed to be true
and correct and are made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the Public Services Department to
utilize the City of Fort Lauderdale Contract No. ITB #12525-312, through the Southeast Florida
Governmental Purchasing Cooperative Group, with Allied Universal Corp., for the purchase of
sodium hypochlorite in an amount that exceeds the Fifty Thousand Dollars ($50,000.00)
purchase threshold for a single vendor for fiscal year 2024/25.
Section 3. That expenditure of funds will be appropriated from the Water Treatment
Plant Chemical Account No. 401-33-03-533-52-40.
Section 4. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on February 25, 2025.
Motion by Commissioner Lewellen , second by Commissioner Ryan.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
RESOLUTION #2025-028 3
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
1
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND
ALLIED UNIVERSAL CORP., TO PURCHASE SODIUM HYPOCHLORITE
UNDER THE CITY OF FORT LAUDERDALE, FLORIDA, ITB #12525-312,
THROUGH THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING
COOPERATIVE GROUP.
This is an Agreement (“Agreement”) dated ____________________, 2025, between the City of
Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business
located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Allied Universal Corp.,
(“Vendor”), a Florida corporation with an address of 3901 NW 115 Avenue, Miami, Florida 33178,
contact Cristhianne Mungia, email CristhianneM@allieduniversal.com .
In consideration of the mutual covenants, terms and conditions contained in this Agreement,
and other good and valuable consideration, the adequacy and receipt of which are acknowledged and
agreed upon, the parties agree to the following:
1. The current contract issued under ITB #12525-312, between the City of Fort Lauderdale
and the Vendor, a copy of which is attached as Exhibit “A”, and made a part of and is
incorporated into this Agreement by this reference, shall be considered a part of this
Agreement between the City and the Vendor; provided, however, that if Vendor contracts
with any other governmental agency in Florida and service rates are lower than those
afforded to any entity for such purchases, then Vendor shall provide such lower rates to the
City.
2. The current Agreement between the City of Fort Lauderdale, through the Southeast Florida
Governmental Purchasing Cooperative Group, and the Vendor expires on August 31, 2025.
Should the City of Fort Lauderdale extend the underlying contract with the Vendor, the
City shall also be able to use the extended contract for the duration of the extension.
3. Any reference to the City of Fort Lauderdale throughout Exhibit A is replaced with the City
of Dania Beach.
4. 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
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Vendor: Ms. Cristhianne Mungia
Allied Universal Corp.
3901 NW 115 Avenue
Miami, Florida 33178
5. Any insurance policy required pursuant to Exhibit A, would name the City of Dania Beach
as additional insured. A copy of the insurance certificate shall be provided to the City of
Dania Beach upon execution of this piggyback agreement.
6. That in all other respects, the terms of Exhibit “A” apply to this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and
year first written above.
CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM
AND CORRECTNESS
EVE A. BOUTSIS, CITY ATTORNEY ANA M. GARCIA, ICMA-CM
CITY MANAGER
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VENDOR:
Allied Universal Corp.
WITNESSES: a Florida corporation
SIGNATURE SIGNATURE
PRINT Name PRINT Name
SIGNATURE Title
PRINT Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, on , 2025, by ______________________________ (name),
_______________________ (title), of Allied Universal Corp., a Florida corporation, who is personally
known to me or has produced as identification.
NOTARY PUBLIC
My Commission Expires: State of Florida
Southeast Florida Governmental Purchasing
Cooperative Group
CONTRACT AWARD
Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to
lpiper@myboca.us for placement on the NIGP SEFL website Cooperative contract page.
BID/RFP No. ___________________________________________________________________________________
Description/Title: _______________________________________________________________________________
Initial Contract Term: Start Date: ______________________ End Date: _________________
Renewal Terms of the Contract: ______________________ Renewal Options for ________________
(No. of Renewals) (Period of Time)
Renewal No. ___ Start Date: ______________________ End Date: _________________
Renewal No. ___ Start Date: ______________________ End Date: _________________
Renewal No. ___ Start Date: ______________________ End Date: _________________
____________________________________________________________________
SECTION #1 VENDOR AWARD
Vendor Name: ________________________________________________________________________________
Vendor Address: ________________________________________________________________________________
Contact: ________________________________________________________________________________
Phone: ____________________________________ Fax: _______________________________________
Cell/Pager: _________________________________ Email Address: ____________________________
Website: _________________________________ FEIN: ___________________________________
____________________________________________________________________
SECTION #2 AWARD/BACKGROUND INFORMATION
Award Date: ______________ Resolution/Agenda Item No.: ________________
Insurance Required: Yes __________ No _____________
Performance Bond Required: Yes __________ No _____________
____________________________________________________________________
SECTION #3 LEAD AGENCY
Agency Name: __________________________________________________________________
Agency Address: _____________________________________________________________________
Agency Contact: __________________________ Email___________________________________
Telephone: __________________________ Fax: ____________________________________
COMMODITIES CONTRACT AWARD
CITY OF FORT LAUDERDALE
PROCUREMENT SERVICES DIVISION
Awarded Vendor: Terms:
Allied Universal Corp.
3901 NW 115th Ave
Miami, FL 33178
Attn: Cristhianne Mungia
Tel: 305-888-2623 ext 0125
Email: CristhianneM@allieduniversal.com
P-Card Accepted? Yes
Insurance Coverage Required: Yes
Authorized Purchases: $499,800
Approved by City Commission: CAM 23-0653
Extension Options: Yes Qty 2 / 1 -Yr Extensions
ITEMS:
Sodium Hypochlorite (Tanker load) .................................................. $1.47 per gallon
Sodium Hypochlorite (Less than tanker load) …………………………$1.57 per gallon
Department Contract Coordinator: Mary Ann Walder (Johnston), 954-828-7843
Procurement Specialist: Stefan Mohammed, 954-326-6378
Approved by Commission CAM 23-0653 on 8/22/2023
Contract Name
Sodium Hypochlorite (Co-Op)
Contract No. Initial Period Covered Event No.
497 9/1/2023 – 8/31/2025 139
AGREEMENT FOR
SODIUM HYPOCHLORITE (CO-OP)
THIS AGREEMENT, made this _____ day of ______________ 2021, is by and between the
City of Fort Lauderdale, a Florida municipality (“City” or “Parties”), whose address is 100
North Andrews Avenue, Fort Lauderdale, Florida 33301-1016, and Allied Universal Corp., a
Florida corporation (“Contractor,” “Company” or “Parties”), whose address and phone number
are 3901 NW 115th Avenue, Miami, Florida 33178, Phone: 954-888-2623, Email:
bids@allieduniversal.com.
NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth
herein and other good and valuable consideration, the City and the Contractor covenant and agree
as follows:
WITNESSETH:
I.DOCUMENTS
The following documents (collectively “Contract Documents”) are hereby incorporated into and
made part of this Agreement:
(1)Invitation to Bid No. 12525-312, Sodium Hypochlorite (CO-OP), including any and
all addenda, prepared by the City of Fort Lauderdale (“ITB” or “Exhibit A”).
(2)The Contractor’s response to the ITB, dated June 23, 2021 (“Exhibit B”).
All Contract Documents may also be collectively referred to as the “Documents.” In the event of
any conflict between or among the Documents or any ambiguity or missing specifications or
instruction, the following priority is established:
A.First, this Agreement dated ______________, 2021, and any attachments.
B.Second, Exhibit A
C.Third, Exhibit B
II.SCOPE
The Contractor shall perform the Work under the general direction of the City as set forth in the
Contract Documents.
Unless otherwise specified herein, the Contractor shall perform all work identified in this
Agreement. The Parties agree that the scope of services is a description of Contractor’s obligations
and responsibilities, and is deemed to include preliminary considerations and prerequisites, and all
labor, materials, equipment, and tasks which are such an inseparable part of the Work described
that exclusion would render performance by Contractor impractical, illogical, or unconscionable.
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Contractor acknowledges and agrees that the City’s Contract Administrator has no authority to
make changes that would increase, decrease, or otherwise modify the Scope of Services to be
provided under this Agreement.
By signing this Agreement, the Contractor represents that it thoroughly reviewed the documents
incorporated into this Agreement by reference and that it accepts the description of the work and
the conditions under which the Work is to be performed.
III. TERM OF AGREEMENT
The initial contract period shall commence on September 1, 2021 and shall end on August 31,
2023. The City reserves the right to extend the contract for two additional one-year terms,
providing all terms conditions and specifications remain the same, both Parties agree to the
extension, and such extension is approved by the City. In the event the term of this Agreement
extends beyond the end of any fiscal year of City, to wit, September 30th, the continuation of this
Agreement beyond the end of such fiscal year shall be subject to both the appropriation and the
availability of funds.
IV. COMPENSATION
The Contractor agrees to provide the services and/or materials as specified in the Contract
Documents at the cost specified in Exhibit B. It is acknowledged and agreed by Contractor that
this amount is the maximum payable and constitutes a limitation upon City’s obligation to
compensate Contractor for Contractor’s services related to this Agreement. This maximum
amount, however, does not constitute a limitation of any sort upon Contractor’s obligation to
perform all items of work required by or which can be reasonably inferred from the Scope of
Services. Except as otherwise provided in the solicitation, no amount shall be paid to Contractor
to reimburse Contractor’s expenses.
V. METHOD OF BILLING AND PAYMENT
Contractor may submit invoices for compensation no more often than monthly, but only after the
services for which the invoices are submitted have been completed. An original invoice plus one
copy is due within fifteen (15) days of the end of the month except the final invoice which must be
received no later than sixty (60) days after this Agreement expires. Invoices shall designate the
nature of the services performed and/or the goods provided.
City shall pay Contractor within forty-five (45) days of receipt of Contractor’s proper invoice, as
provided in the Florida Local Government Prompt Payment Act.
To be deemed proper, all invoices must comply with the requirements set forth in this Agreement
and must be submitted on the form and pursuant to instructions prescribed by the City’s Contract
Administrator. Payment may be withheld for failure of Contractor to comply with a term,
condition, or requirement of this Agreement.
Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in
part, payment to the extent necessary to protect itself from loss on account of inadequate or defective
work that has not been remedied or resolved in a manner satisfactory to the City’s Contract
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Administrator or failure to comply with this Agreement. The amount withheld shall not be subject
to payment of interest by City.
VI. GENERAL CONDITIONS
A. Indemnification
Contractor shall protect and defend at Contractor’s expense, counsel being subject to the
City’s approval, and indemnify and hold harmless the City and the City’s officers,
employees, volunteers, and agents from and against any and all losses, penalties, fines,
damages, settlements, judgments, claims, costs, charges, expenses, or liabilities, including
any award of attorney fees and any award of costs, in connection with or arising directly
or indirectly out of any act or omission by the Contractor or by any officer, employee,
agent, invitee, subcontractor, or sublicensee of the Contractor. The provisions and
obligations of this Section shall survive the expiration or earlier termination of this
Agreement. To the extent considered necessary by the City Manager, any sums due
Contractor under this Agreement may be retained by City until all of City’s claims for
indemnification pursuant to this Agreement have been settled or otherwise resolved, and
any amount withheld shall not be subject to payment of interest by City.
B. Intellectual Property
Contractor shall protect and defend at Contractor’s expense, counsel being subject to the
City’s approval, and indemnify and hold harmless the City from and against any and all
losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, royalties,
expenses, or liabilities, including any award of attorney fees and any award of costs, in
connection with or arising directly or indirectly out of any infringement or allegation of
infringement of any patent, copyright, or other intellectual property right in connection
with the Contractor’s or the City’s use of any copyrighted, patented or un-patented
invention, process, article, material, or device that is manufactured, provided, or used
pursuant to this Agreement. If the Contractor uses any design, device, or materials covered
by letters, patent or copyright, it is mutually agreed and understood without exception that
the bid prices shall include all royalties or costs arising from the use of such design, device,
or materials in any way involved in the work.
C. Termination for Cause
The aggrieved party may terminate this Agreement for cause if the party in breach has not
corrected the breach within ten (10) days after written notice from the aggrieved party
identifying the breach. The City Manager may also terminate this Agreement upon such
notice as the City Manager deems appropriate under the circumstances in the event the City
Manager determines that termination is necessary to protect the public health or safety. The
Parties agree that if the City erroneously, improperly or unjustifiably terminates for cause,
such termination shall be deemed a termination for convenience, which shall be effective
thirty (30) days after such notice of termination for cause is provided.
This Agreement may be terminated for cause for reasons including, but not limited to,
Contractor’s repeated (whether negligent or intentional) submission for payment of false
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or incorrect bills or invoices, failure to perform the Work to the City’s satisfaction; or
failure to continuously perform the Work in a manner calculated to meet or accomplish the
objectives as set forth in this Agreement.
D. Termination for Convenience
The City reserves the right, in its best interest as determined by the City, to cancel this
Agreement for convenience by giving written notice to the Contractor at least thirty (30)
days prior to the effective date of such cancellation. In the event this Agreement is
terminated for convenience, Contractor shall be paid for any services performed to the
City’s satisfaction pursuant to the Agreement through the termination date specified in the
written notice of termination. Contractor acknowledges and agrees that it has received
good, valuable and sufficient consideration from City, the receipt and adequacy of which
are hereby acknowledged by Contractor, for City’s right to terminate this Agreement for
convenience.
E. Cancellation for Unappropriated Funds
The City reserves the right, in its best interest as determined by the City, to cancel this
Agreement for unappropriated funds or unavailability of funds by giving written notice to
the Contractor at least thirty (30) days prior to the effective date of such cancellation. The
obligation of the City for payment to a Contractor is limited to the availability of funds
appropriated in a current fiscal period, and continuation of the Agreement into a subsequent
fiscal period is subject to appropriation of funds, unless otherwise provided by law.
F. Insurance
As a condition precedent to the effectiveness of this Agreement, during the term of this
Agreement and during any renewal or extension term of this Agreement, the Contractor, at
the Contractor’s sole expense, shall provide insurance of such types and with such terms
and limits as noted below. Providing proof of and maintaining adequate insurance coverage
are material obligations of the Contractor. The Contractor shall provide the City a
certificate of insurance evidencing such coverage. The Contractor’s insurance coverage
shall be primary insurance for all applicable policies. The limits of coverage under each
policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s
liability and obligations under this Agreement. All insurance policies shall be from insurers
authorized to write insurance policies in the State of Florida and that possess an A.M. Best
rating of A-, VII or better. All insurance policies are subject to approval by the City’s Risk
Manager.
The coverages, limits, and endorsements required herein protect the interests of the City,
and these coverages, limits, and endorsements may not be relied upon by the Contractor
for assessing the extent or determining appropriate types and limits of coverage to protect
the Contractor against any loss exposure, whether as a result of this Agreement or
otherwise. The requirements contained herein, as well as the City’s review or
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acknowledgement, are not intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by the Contractor under this Agreement.
The following insurance policies and coverages are required:
Commercial General Liability
Coverage must be afforded under a Commercial General Liability policy with limits not
less than:
• $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property
Damage, and Personal and Advertising Injury
• $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed
Operations
Policy must include coverage for Contractual Liability and Independent Contractors.
The City and the City’s officers, employees, and volunteers are to be covered as additional
insureds with a CG 20 26 04 13 Additional Insured – Designated Person or Organization
Endorsement or similar endorsement providing equal or broader Additional Insured
Coverage with respect to liability arising out of activities performed by or on behalf of the
Contractor. The coverage shall contain no special limitation on the scope of protection
afforded to the City or the City’s officers, employees, and volunteers.
Business Automobile Liability
Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for
Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single
limit each accident.
If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired
and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the
Commercial General Liability policy or separate Business Auto Liability policy.
Workers’ Compensation and Employer’s Liability
Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity
performing work for or on behalf of the City must provide Workers’ Compensation
insurance. Exceptions and exemptions will be allowed by the City’s Risk Manager, if they
are in accordance with Florida Statute.
The Contractor waives, and the Contractor shall ensure that the Contractor’s insurance
carrier waives, all subrogation rights against the City and the City’s officers, employees,
and volunteers for all losses or damages. The City requires the policy to be endorsed with
WC 00 03 13 Waiver of our Right to Recover from Others or equivalent.
The Contractor must be in compliance with all applicable State and federal workers’
compensation laws, including the U.S. Longshore Harbor Workers’ Act and the Jones Act,
if applicable.
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Pollution and Remediation Legal Liability (Hazardous Materials)
For the purpose of this section, the term “hazardous materials” includes all materials and
substances that are designated or defined as hazardous by Florida or federal law or by the
rules or regulations of Florida or any federal agency. If work being performed involves
hazardous materials, the Contractor shall procure and maintain any or all of the following
coverage, which will be specifically addressed upon review of exposure.
Contractors Pollution Liability Coverage
For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim
arising out of this Agreement, including but not limited to, all hazardous materials
identified under the Agreement.
Hazardous Waste Transportation Coverage
The Contractor shall designate the hauler and furnish a Certificate of Insurance from the
hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising
out of the transportation of hazardous materials in an amount not less than $1,000,000 per
claim limit and provide a valid EPA identification number.
Insurance Certificate Requirements
a. The Contractor shall provide the City with valid Certificates of Insurance (binders are
unacceptable) no later than thirty (30) days prior to the start of work contemplated in
this Agreement.
b. The Contractor shall provide to the City a Certificate of Insurance having a thirty (30)
day notice of cancellation; ten (10) days’ notice if cancellation is for nonpayment of
premium.
c. In the event that the insurer is unable to accommodate the cancellation notice
requirement, it shall be the responsibility of the Contractor to provide the proper
notice. Such notification will be in writing by registered mail, return receipt requested,
and addressed to the certificate holder.
d. In the event the Agreement term goes beyond the expiration date of the insurance
policy, the Contractor shall provide the City with an updated Certificate of Insurance
no later than ten (10) days prior to the expiration of the insurance currently in effect.
The City reserves the right to suspend the Agreement until this requirement is met.
e. The Certificate of Insurance shall indicate whether coverage is provided under a
claims-made or occurrence form. If any coverage is provided on a claims-made form,
the Certificate of Insurance must show a retroactive date, which shall be the effective
date of the initial contract or prior.
f. The City shall be named as an Additional Insured on all liability policies, with the
exception of Workers’ Compensation.
g. The City shall be granted a Waiver of Subrogation on the Contractor’s Workers’
Compensation insurance policy.
h. The title of the Agreement, Bid/Contract number, event dates, or other identifying
reference must be listed on the Certificate of Insurance.
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The Certificate Holder should read as follows:
City of Fort Lauderdale
100 North Andrews Avenue
Fort Lauderdale, FL 33301
The Contractor has the sole responsibility for the payment of all insurance premiums and
shall be fully and solely responsible for any costs or expenses as a result of a coverage
deductible, co-insurance penalty, or self-insured retention; including any loss not covered
because of the operation of such deductible, co-insurance penalty, self-insured retention,
or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured
shall be at the Contractor’s expense.
If the Contractor’s primary insurance policy/policies do not meet the minimum
requirements, as set forth in this Agreement, the Contractor may provide evidence of an
Umbrella/Excess insurance policy to comply with this requirement.
The Contractor’s insurance coverage shall be primary insurance as applied to the City and
the City’s officers, employees, and volunteers. Any insurance or self-insurance maintained
by the City covering the City, the City’s officers, employees, or volunteers shall be non-
contributory.
Any exclusion or provision in the insurance maintained by the Contractor that excludes
coverage for work contemplated in this Agreement shall be unacceptable and shall be
considered breach of contract.
All required insurance policies must be maintained until the contract work has been
accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse
in coverage shall be considered breach of contract. In addition, Contractor must provide to
the City confirmation of coverage renewal via an updated certificate should any policies
expire prior to the expiration of this Agreement. The City reserves the right to review, at
any time, coverage forms and limits of Contractor’s insurance policies.
The Contractor shall provide notice of any and all claims, accidents, and any other
occurrences associated with this Agreement shall be provided to the Contractor’s insurance
company or companies and the City’s Risk Management office as soon as practical.
It is the Contractor’s responsibility to ensure that any and all of the Contractor’s
independent contractors and subcontractors comply with these insurance requirements. All
coverages for independent contractors and subcontractors shall be subject to all of the
applicable requirements stated herein. Any and all deficiencies are the responsibility of the
Contractor.
G. Environmental, Health and Safety
Contractor shall place the highest priority on health and safety and shall maintain a safe
working environment during performance of the Work. Contractor shall comply, and shall
secure compliance by its employees, agents, and subcontractors, with all applicable
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environmental, health, safety and security laws and regulations, and performance
conditions in this Agreement. Compliance with such requirements shall represent the
minimum standard required of Contractor. Contractor shall be responsible for examining
all requirements and determine whether additional or more stringent environmental, health,
safety and security provisions are required for the Work. Contractor agrees to utilize
protective devices as required by applicable laws, regulations, and any industry or
Contractor’s health and safety plans and regulations, and to pay the costs and expenses
thereof, and warrants that all such persons shall be fit and qualified to carry out the Work.
H. Standard of Care
Contractor represents that it is qualified to perform the Work, that Contractor and its
subcontractors possess current, valid state and/or local licenses to perform the Work, and
that their services shall be performed in a manner consistent with that level of care and skill
ordinarily exercised by other qualified contractors under similar circumstances.
I. Rights in Documents and Work
Any and all reports, photographs, surveys, and other data and documents provided or
created in connection with this Agreement are and shall remain the property of City; and
Contractor disclaims any copyright in such materials. In the event of and upon termination
of this Agreement, any reports, photographs, surveys, and other data and documents
prepared by Contractor, whether finished or unfinished, shall become the property of City
and shall be delivered by Contractor to the City’s Contract Administrator within seven (7)
days of termination of this Agreement by either party. Any compensation due to Contractor
shall be withheld until Contractor delivers all documents to the City as provided herein.
J. Audit Right and Retention of Records
City shall have the right to audit the books, records, and accounts of Contractor and
Contractor’s subcontractors that are related to this Agreement. Contractor shall keep, and
Contractor shall cause Contractor’s subcontractors to keep, such books, records, and
accounts as may be necessary in order to record complete and correct entries related to this
Agreement. All books, records, and accounts of Contractor and Contractor’s subcontractors
shall be kept in written form, or in a form capable of conversion into written form within a
reasonable time, and upon request to do so, Contractor or Contractor’s subcontractor, as
applicable, shall make same available at no cost to City in written form.
Contractor and Contractor’s subcontractors shall preserve and make available, at
reasonable times for examination and audit by City in Broward County, Florida, all
financial records, supporting documents, statistical records, and any other documents
pertinent to this Agreement for the required retention period of the Florida public records
law, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or,
if the Florida Public Records Act is not applicable, for a minimum period of three (3) years
after termination of this Agreement. If any audit has been initiated and audit findings have
not been resolved at the end of the retention period or three (3) years, whichever is longer,
the books, records, and accounts shall be retained until resolution of the audit findings. If
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the Florida public records law is determined by City to be applicable to Contractor and
Contractor’s subcontractors’ records, Contractor and Contractor’s subcontractors shall
comply with all requirements thereof; however, Contractor and Contractor’s
subcontractors shall violate no confidentiality or non-disclosure requirement of either
federal or state law. Any incomplete or incorrect entry in such books, records, and accounts
shall be a basis for City's disallowance and recovery of any payment upon such entry.
Contractor shall, by written contract, require Contractor’s subcontractors to agree to the
requirements and obligations of this Section.
The Contractor shall maintain during the term of the Agreement all books of account,
reports and records in accordance with generally accepted accounting practices and
standards for records directly related to this Agreement.
K. Public Entity Crime Act
Contractor represents that the execution of this Agreement will not violate the Public Entity
Crime Act, Section 287.133, Florida Statutes (2020), as may be amended or revised , which
essentially provides that a person or affiliate who is a contractor, consultant, or other
provider and who has been placed on the convicted vendor list following a conviction for
a public entity crime may not submit a bid on a contract to provide any goods or services
to City, may not submit a bid on a contract with City for the construction or repair of a
public building or public work, may not submit bids on leases of real property to City, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with City, and may not transact any business with City in excess of the threshold
amount provided in Section 287.017, Florida Statutes (2020), as may be amended or revised,
for category two purchases for a period of 36 months from the date of being placed on the
convicted vendor list. Violation of this Section shall result in termination of this Agreement
and recovery of all monies paid by City pursuant to this Agreement and may result in
debarment from City’s competitive procurement activities.
L. Independent Contractor
Contractor is an independent contractor under this Agreement. Services provided by
Contractor pursuant to this Agreement shall be subject to the supervision of the Contractor.
In providing such services, neither Contractor nor Contractor’s agents shall act as officers,
employees, or agents of City. No partnership, joint venture, or other joint relationship is
created hereby. City does not extend to Contractor or Contractor’s agents any authority of
any kind to bind City in any respect whatsoever.
M. Inspection and Non-Waiver
Contractor shall permit the representatives of City to inspect and observe the Work at all
times.
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The failure of the City to insist upon strict performance of any other terms of this
Agreement or to exercise any rights conferred by this Agreement shall not be construed by
Contractor as a waiver of the City’s right to assert or rely on any such terms or rights on
any future occasion or as a waiver of any other terms or rights.
N. Assignment and Performance
Neither this Agreement nor any right or interest herein shall be assigned, transferred, or
encumbered without the written consent of the other party. In addition, Contractor shall not
subcontract any portion of the Work required by this Agreement, except as provided in the
Schedule of Subcontractor Participation. City may terminate this Agreement, effective
immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance,
by Contractor of this Agreement or any right or interest herein without City’s prior written
consent.
Contractor represents that each person who will render services pursuant to this Agreement
is duly qualified to perform such services by all appropriate governmental authorities,
where required, and that each such person is reasonably experienced and skilled in the
area(s) for which he or she will render his or her services.
Contractor shall perform Contractor’s duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of Contractor’s performance
and all interim and final product(s) provided to or on behalf of City shall be comparable to
the best local and national standards.
In the event Contractor engages any subcontractor in the performance of this Agreement,
Contractor shall ensure that all of Contractor’s subcontractors perform in accordance with
the terms and conditions of this Agreement. Contractor shall be fully responsible for all of
Contractor’s subcontractors’ performance, and liable for any of Contractor’s
subcontractors’ non-performance and all of Contractor’s subcontractors’ acts and
omissions. Contractor shall defend at Contractor’s expense, counsel being subject to City’s
approval or disapproval, and indemnify and hold City and City’s officers, employees, and
agents harmless from and against any claim, lawsuit, third party action, fine, penalty,
settlement, or judgment, including any award of attorney fees and any award of costs, by
or in favor of any of Contractor’s subcontractors for payment for work performed for City
by any of such subcontractors, and from and against any claim, lawsuit, third party action,
fine, penalty, settlement, or judgment, including any award of attorney fees and any award
of costs, occasioned by or arising out of any act or omission by any of Contractor’s
subcontractors or by any of Contractor’s subcontractors’ officers, agents, or employees.
Contractor’s use of subcontractors in connection with this Agreement shall be subject to
City’s prior written approval, which approval City may revoke at any time.
O. Conflicts
Neither Contractor nor any of Contractor’s employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with Contractor’s loyal and conscientious exercise of judgment
and care related to Contractor’s performance under this Agreement.
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Contractor further agrees that none of Contractor’s officers or employees shall, during the
term of this Agreement, serve as an expert witness against City in any legal or
administrative proceeding in which he, she, or Contractor is not a party, unless compelled
by court process. Further, Contractor agrees that such persons shall not give sworn
testimony or issue a report or writing, as an expression of his or her expert opinion, which
is adverse or prejudicial to the interests of City in connection with any such pending or
threatened legal or administrative proceeding unless compelled by court process. The
limitations of this Section shall not preclude Contractor or any persons in any way from
representing themselves, including giving expert testimony in support thereof, in any action
or in any administrative or legal proceeding.
In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to
perform any services required by this Agreement, Contractor agrees to require such
subcontractors, by written contract, to comply with the provisions of this Section to the
same extent as Contractor.
P. Schedule and Delays
Time is of the essence in this Agreement. By signing, Contractor affirms that it believes
the schedule to be reasonable; provided, however, the Parties acknowledge that the
schedule might be modified as the City directs.
Q. Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth herein was
bargained for at arm’s-length and is agreed to by the Parties in exchange for quid pro quo,
that each is substantial and important to the formation of this Agreement and that each is,
therefore, a material term hereof.
City’s failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
R. Compliance With Laws
Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances,
rules, and regulations in performing Contractor’s duties, responsibilities, and obligations
pursuant to this Agreement.
S. Severance
In the event a portion of this Agreement is found by a court of competent jurisdiction to be
invalid or unenforceable, the provisions not having been found by a court of competent
jurisdiction to be invalid or unenforceable shall continue to be effective.
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T. Limitation of Liability
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City’s liability for any cause of action for money damages due to an alleged breach
by the City of this Agreement, so that its liability for any such breach never exceeds the
sum of $1,000. Contractor hereby expresses its willingness to enter into this Agreement
with Contractor’s recovery from the City for any damage action for breach of contract or
for any action or claim arising from this Agreement to be limited to a maximum amount of
$1,000 less the amount of all funds actually paid by the City to Contractor pursuant to this
Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractor hereby agrees that the City shall not be liable to Contractor for damages in an
amount in excess of $1,000 which amount shall be reduced by the amount actually paid by
the City to Contractor pursuant to this Agreement, for any action for breach of contract or
for any action or claim arising out of this Agreement. Nothing contained in this paragraph
or elsewhere in this Agreement is in any way intended to be a waiver of the limitation
placed upon City’s liability as set forth in Section 768.28, Florida Statutes (2020), as may
be amended or revised.
U. Jurisdiction, Venue, Waiver, Waiver of Jury Trial
This Agreement shall be interpreted and construed in accordance with and governed by the
laws of the State of Florida. Venue for any lawsuit by either party against the other party
or otherwise arising out of this Agreement, and for any other legal proceeding, shall be in
the Seventeenth Judicial Circuit in and for Broward County, Florida, or in the event of
federal jurisdiction, in the Southern District of Florida, Fort Lauderdale Division. THE
PARTIES EXPRESSLY AGREE TO WAIVE ALL RIGHTS TO A TRIAL BY
JURY OF ALL ISSUES SO TRIABLE UNDER THIS AGREEMENT.
V. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document prepared with the same or similar
formality as this Agreement and executed by the Mayor and/or City Manager, as
determined by City Charter and Ordinances, and Contractor or others delegated authority
to or otherwise authorized to execute same on their behalf.
W. Prior Agreements
This document represents the final and complete understanding of the Parties and
incorporates or supersedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. The Parties
agree that there is no commitment, agreement, or understanding concerning the subject
matter of this Agreement that is not contained in this written document. Accordingly, the
Parties agree that no deviation from the terms hereof shall be predicated upon any prior
representation or agreement, whether oral or written.
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X. Payable Interest
Except as required and provided for by the Florida Local Government Prompt Payment
Act, City shall not be liable for interest for any reason, whether as prejudgment interest
or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims
and surrenders any and all entitlement it has or may have to receive interest in connection
with a dispute or claim based on or related to this Agreement.
Y. Representation of Authority
Each individual executing this Agreement on behalf of a party hereto hereby represents
and warrants that he or she is, on the date he or she signs this Agreement, duly authorized
by all necessary and appropriate action to execute this Agreement on behalf of such party
and does so with full legal authority.
Z. Uncontrollable Circumstances ("Force Majeure")
The City and Contractor will be excused from the performance of their respective
obligations under this Agreement when and to the extent that their performance is delayed
or prevented by any circumstances beyond their control including, fire, flood, explosion,
strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion,
malicious damage, act or omission of any governmental authority, delay or failure or
shortage of any type of transportation, equipment, or service from a public utility needed
for their performance, provided that:
1. The non-performing party gives the other party prompt written notice describing the
particulars of the Force Majeure including, but not limited to, the nature of the
occurrence and its expected duration, and continues to furnish timely reports with
respect thereto during the period of the Force Majeure;
2. The excuse of performance is of no greater scope and of no longer duration than is
required by the Force Majeure;
3. No obligations of either party that arose before the Force Majeure causing the excuse
of performance are excused as a result of the Force Majeure; and
4. The non-performing party uses its best efforts to remedy its inability to perform.
Notwithstanding the above, performance shall not be excused under this Section for a
period in excess of two (2) months, provided that in extenuating circumstances, the
City may excuse performance for a longer term. Economic hardship of the Contractor
will not constitute Force Majeure. The term of the Agreement shall be extended by a
period equal to that during which either party’s performance is suspended under this
Section.
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AA. Scrutinized Companies
The Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List
created pursuant to Section 215.4725, Florida Statutes (2020), as may be amended or
revised, and that it is not engaged in a boycott of Israel. The City may terminate this
Agreement at the City’s option if the Contractor is found to have submitted a false
certification as provided under subsection (5) of Section 287.135, Florida Statutes (2020),
as may be amended or revised, or been placed on the Scrutinized Companies that Boycott
Israel List created pursuant to Section 215.4725, Florida Statutes (2020), as may be
amended or revised, or is engaged in a boycott of Israel.
BB. Public Records
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT CITY CLERK’S OFFICE, 100 NORTH
ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301,
PHONE: 954-828-5002, EMAIL:
PRRCONTRACT@FORTLAUDERDALE.GOV.
Contractor shall comply with public records laws, and Contractor shall:
1. Keep and maintain public records required by the City to perform the service.
2. Upon request from the City’s custodian of public records, provide the City with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2020),
as may be amended or revised, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the City.
4. Upon completion of the Agreement, transfer, at no cost, to the City all public records in
possession of the Contractor or keep and maintain public records required by the City to
perform the service. If the Contractor transfers all public records to the City upon
completion of the Agreement, the Contractor shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If
the Contractor keeps and maintains public records upon completion of the Agreement, the
Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City’s custodian
of public records, in a format that is compatible with the information technology systems
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of the City.
CC. Non-Discrimination
The Contractor shall not, in any of its activities, including employment, discriminate
against any individual on the basis of race, color, national origin, religion, creed, sex,
disability, sexual orientation, gender, gender identity, gender expression, or marital status.
1. The Contractor certifies and represents that it will comply with Section 2-187, Code of
Ordinances of the City of Fort Lauderdale, Florida, (2020), as may be amended or revised,
(“Section 2-187”).
2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a
material breach of this Agreement, entitling the City to pursue any remedy stated below or
any remedy provided under applicable law.
3. The City may terminate this Agreement if the Contractor fails to comply with Section
2-187.
4. The City may retain all monies due or to become due until the Contractor complies
with Section 2-187.
5. The Contractor may be subject to debarment or suspension proceedings. Such
proceedings will be consistent with the procedures in Section 2-183 of the Code of
Ordinances of the City of Fort Lauderdale, Florida.
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Solicitation 12525-312
Sodium Hypochlorite (CO-OP)
Bid Designation: Public
City of Fort Lauderdale
Bid 12525-312City of Fort Lauderdale
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Bid 12525-312
Sodium Hypochlorite (CO-OP)
Bid Number 12525-312
Bid Title Sodium Hypochlorite (CO-OP)
Bid Start Date Jun 8, 2021 4:12:09 PM EDT
Bid End Date Jun 25, 2021 2:00:00 PM EDT
Question &
Answer End Date Jun 21, 2021 5:00:00 PM EDT
Bid Contact Stefan S Mohammed
Senior Procurement Specialist
Finance
954-828-5351
smohammed@fortlauderdale.gov
Contract Duration 2 years
Contract Renewal 2 annual renewals
Prices Good for 120 days
Bid Comments The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental Purchasing Cooperative
Group (Co-Op) is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium
Hypochlorite in bulk and less than tanker loads as specified herein.
Added on Jun 11, 2021:
This addendum is to add the bid tabulation done on the last bid 12006-372.
All other terms, conditions and specifications remain unchanged.
Addendum # 1
New Documents 12006-372 Sodium hypochlorite bid tabulation.pdf
Item Response Form
Item 12525-312--01-01 - Sodium Hypochlorite- Tanker Load
Quantity 1 gallon
Unit Price
Delivery Location City of Fort Lauderdale
See ITB Specifications
See ITB Specifications
Fort Lauderdale FL 33301
Qty 1
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Description
Based on past usage, the co-op anticipates usage of 8,531,000 gallons for the two year contract. However past usage is not indicative of future
usage.
Item 12525-312--01-02 - Sodium hypochlorite- Less than tanker load
Quantity 1 gallon
Unit Price
Delivery Location City of Fort Lauderdale
See ITB Specifications
See ITB Specifications
Fort Lauderdale FL 33301
Qty 1
Description
Based on past usage, the Co-op anticipates usage of 200,000 gallons for a two year term, however past usage is not indicative of future usage.
Bid 12525-312City of Fort Lauderdale
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City of Fort Lauderdale
Sodium Hypochlorite (CO-OP)
ITB 12525-312
SECTION I – INTRODUCTION AND INFORMATION
1.1 Purpose
The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced and
licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium
Hypochlorite for the City, in accordance with the terms, conditions, and specifications
contained in this Invitation to Bid (ITB).
1.2 BidSync
The City of Fort Lauderdale uses BidSync (www.bidsync.com) to administer the competitive
solicitation process, including but not limited to soliciting proposals, issuing addenda, posting
results and issuing notification of an intended decision. There is no charge to register and
download the ITB from BidSync. Proposers are strongly encouraged to read the various
vendor Guides and Tutorials available in BidSync well in advance of their intention of
submitting a proposal to ensure familiarity with the use of BidSync. The City shall not be
responsible for a Proposers inability to submit a Proposal by the end date and time for any
reason, including issues arising from the use of BidSync.
It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically
through BidSync at www.bidsync.com no later than the time and date specified in this
solicitation. PAPER BID SUBMITTALS WILL NOT BE ACCEPTED. BIDS MUST BE
SUBMITTED ELECTRONICALLY VIA WWW.BIDSYNC.COM.
1.3 Electronic Bid Openings
Please be advised that effective immediately, and until further notice, all Invitation to Bids,
Request For Proposals, Request For Qualifications, and other solicitations led by the City of
Fort Lauderdale will be opened electronically via BIDSYNC.COM at the date and time
indicated on the solicitation. All openings will be held on the BIDSYNC.COM platform.
Anyone requesting assistance or having further inquiry in this matter must contact the
Procurement Specialist indicated on the solicitation, via the Question and Answer forum on
Bidsync.com before the Last Day for Questions indicated in the Solicitation.
1.4 Point of Contact
For information concerning procedures for responding to this solicitation, contact Procurement
Specialist, Stefan Mohammed, at (954) 828-5351 or email at
SMohammed@fortlauderdale.gov. Such contact shall be for clarification purposes only.
For information concerning technical specifications, please utilize the question / answer
feature provided by BidSync at www.bidsync.com. Questions of a material nature must be
received prior to the cut-off date specified in the ITB schedule. Material changes, if any, to the
scope of services or bidding procedures will only be transmitted by written addendum. (See
addendum section of BidSync Site). Bidders please note: No part of your bid can be
submitted via FAX. No variation in price or conditions shall be permitted based upon a claim
of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized
themselves with the nature and extent of the work, and the equipment, materials, and labor
required. The entire bid response must be submitted in accordance with all specifications
contained in this solicitation. The questions and answers submitted in BidSync shall become
part of any contract that is created from this ITB.
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1.5 Pre-bid Conference and/or Site Visit
There will not be a pre-bid conference or site visit for this ITB.
It will be the sole responsibility of the Bidder to become familiar with the scope of the City’s
requirements and systems prior to submitting a bid. No variation in price or conditions shall be
permitted based upon a claim of ignorance. Submission of a bid will be considered evidence
that the Bidder has familiarized themselves with the nature and extent of the work, equipment,
materials, and labor required.
END OF SECTION
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SECTION II - SPECIAL TERMS AND CONDITIONS
2.1 General Conditions
ITB General Conditions (Form G-107, Rev. 09/20) are included and made a part of this ITB.
2.2 Addenda, Changes, and Interpretations
It is the sole responsibility of each firm to notify the Procurement Specialist utilizing the
question / answer feature provided by BidSync and request modification or clarification of any
ambiguity, conflict, discrepancy, omission or other error discovered in this competitive
solicitation. Requests for clarification, modification, interpretation, or changes must be
received prior to the Question and Answer (Q & A) Deadline. Requests received after this date
may not be addressed. Questions and requests for information that would not materially affect
the scope of services to be performed or the solicitation process will be answered within the
question / answer feature provided by BidSync and shall be for clarification purposes only.
Material changes, if any, to the scope of services or the solicitation process will only be
transmitted by official written addendum issued by the City and uploaded to BidSync as a
separate addendum to the ITB. Under no circumstances shall an oral explanation given by
any City official, officer, staff, or agent be binding upon the City and should be disregarded. All
addenda are a part of the competitive solicitation documents and each firm will be bound by
such addenda. It is the responsibility of each to read and comprehend all addenda issued.
2.3 Changes and Alterations
Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no
oral modifications will be allowed. Modifications shall not be allowed following the Bid deadline.
2.4 Bidder’s Costs
The City sh all not be liable for any costs incurred by Bidders in responding to this ITB.
2.5 Pricing/Delivery
Delivery is required within two business days after receipt of purchase order. Failure to meet
this delivery date may be deemed as non-responsive.
All deliveries are to be shipped F.O.B. Destination, Freight included.
Failure to provide costs as requested in this ITB may deem your bid non-responsive.
All work is to be performed during normal working hours unless requested otherwise by the
participating agency. Contractor must provide name and contact information as references for
facilities that have been provided the same or similar products and service.
City of Hallandale delivery instructions- delivery during daylight hour only.
Coral Springs Improvement District special delivery requirements- full safety gear when
offloading chemicals.
2.6 Price Validity
Prices provided in this Invitation to bid (ITB) shall be valid for at least One-Hundred and Twenty
(120) days from time of ITB opening unless otherwise extended and agreed upon by the City
and Bidder. The City shall award contract within this time period or shall request to the
recommended awarded vendor an extension to hold pricing, until products/services have been
awarded.
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2.7 Invoices/Payment
Payment terms will be considered to be net 45 days after the date of satisfactory delivery at
the place of acceptance and receipt of correct invoice at the office specified, whichever occurs
last, in accordance with the Florida Local Government Prompt Payment Act. Bidder may offer
cash discounts for prompt payment but they will not be considered in determination of award.
2.8 Related Expenses/Travel Expenses
All costs including travel are to be included in your bid. The City will not accept any additional
costs.
2.9 Payment Method
The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which
changes how payments are remitted to its vendors. The City has transitioned from traditional
paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor
of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for
checks to be printed and mailed. Payments will be made utilizing the City’s P-Card
(MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card
payment or take whatever steps necessary to implement acceptance of a credit card before
the commencement of a contract. See Contract Payment Method form attached.
2.10 Mistakes
The Bidder shall examine this ITB carefully. The submission of a bid shall be prima facie
evidence that the Bidder has full knowledge of the scope, nature, and quality of the work to be
performed; the detailed requirements of the specifications; and the conditions under which the
work is to be performed. Ignorance of the requirements will not relieve the Bidder from liability
and obligations under the Contract.
2.11 Acceptance of Bids / Minor Irregularities
2.11.1 The City reserves the right to accept or reject any or all bids, part of bids, and to waive
minor irregularities or variances to specifications contained in bids which do not make
the bid conditional in nature and minor irregularities in the solicitation process. A minor
irregularity shall be a variation from the solicitation that does not affect the price of the
contract or does not give a bidder an advantage or benefit not enjoyed by other
bidders, does not adversely impact the interests of other firms or, does not affect the
fundamental fairness of the solicitation process. The City also reserves the right to
reissue an ITB.
2.11.2 The City reserves the right to disqualify Bidder during any phase of the competitive
solicitation process and terminate for cause any resulting contract upon evidence of
collusion with intent to defraud or other illegal practices on the part of the Bidder.
2.12 Modific ation of Services
2.12.1 While th is contract is for services provided to the department referenced in this ITB,
the City may require similar work for other City departments. Successful Bidder agrees
to take on such work unless such work would not be considered reasonable or
become an undue burden to the Successful Bidder.
2.12.2 The City reserves the right to delete any portion of the work at any time without cause,
and if such right is exercised by the City, the total fee shall be reduced in the same
ratio as the estimated co st of the work deleted bears to the estimated cost of the
work originally planned. If work has already been accomplished and approved by the
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City on any portion of a contract resulting from this ITB, the Successful Bidder shall be
paid f or the work completed on the basis of the estimated percentage of completion
of such portion to the total project cost.
2.12.3 The City may require additional items or services of a similar nature, but not
specifica lly listed in the co ntract. The Successful Bidder agrees to provide such items
or services and sh all provide the City prices on such additional items or services. If
the price(s) offered are not acceptable to the City, and the situation cannot be
resolved to the satisfaction of the City, the City reserves the right to procure those
items or services from other vend ors, or to cancel the contract upon giving the
Successful Bidder thirty (30) days written notice.
2.12.4 If the Successful Bidder and the City agree on modifications or revisions to the task
elements, after the City has approved work to begin on a particular task or project,
and a budget has been establish ed for that task or project, the Successful Bidder will
submit a revised budget to the City for approval prior to proceeding with the work.
2.13 No Exclusive Contract
Bidder agrees and understands that the contract shall not be construed as an exclusive
arrangement and further agrees that the City may, at any time, secure similar or identical
services from another vendor at the City’s so le option.
2.14 Sample Contract Agreement
A sample of the formal agreement template, which may be required to be executed by the
awarded vendor can be found at our website:
https://www.fortlauderdale.gov/home/showdocument?id=1212
2.15 Responsiveness
In order to be considered responsive to the solicitation, the firm’s bid shall fully conform in all
material respects to the solicitation and all of its requirements, including all form and substance.
2.16 Responsibility
In order to be considered as a responsible firm, firm shall be fully capable to meet all of the
requirements of the solicitation and subsequent contract, must possess the full capability,
including financial and technical, to perform as contractually required, and must be able to
fully document the ability to provide good faith performance.
2.17 Minimum Qualifications
To be eligible for award of a contract in response to this solicitation, the Bidder must
demonstrate that they have successfully completed services, as specified in the Technical
Specifications / Scope of Services section of this solicitation, are normally and routinely
engaged in performing such services, and are properly and legally licensed to perform such
work. In addition, the Bidder must have no conflict of interest with regard to any other work
performed by the Bidder for the City of Fort Lauderdale.
2.17.1 Firm or principals shall have no record of judgments, pending lawsuits against the City
or criminal activities involving moral turpitude and not have any conflicts of interest that
have not been waived by the City Commission.
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2.17.2 Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of
any debt or contract involving the City, (as a party to a contract, or otherwise); nor
have failed to perform faithfully on any previous contract with the City.
2.18 Lobbying Activities
ALL CONTRACTORS PLEASE NOTE: Any contractor submitting a response to this
solicitation must comply, if applicable, with City of Fort Lauderdale Ordinance No. C-11-42 &
Resolution No. 07-101, Lobbying Activities. Copies of Ordinance No. C-11-42 and Resolution
No. 07-101 may be obtained from the City Clerk’s Office on the 7th Floor of City Hall, 100 N.
Andrews Avenue, Fort Lauderdale, Florida. The ordinance may also be viewed on the City's
website at http://www.fortlauderdale.gov/home/showdocument?id=6036.
2.19 Local Business Preference- N/A
2.20 Disadvantaged Business Enterprise Preference- N/A
2.21 Protest Procedure
2.21.1 Any Bidder who is not recommended for award of a contract and who alleges a failure
by the city to follow the city’s procurement ordinance or any applicable law, may follow
the protest procedure as found in the city’s procurement ordinance within five (5) days
after a notice of intent to award is posted on the city’s web site at the following
link: http://www.fortlauderdale.gov/departments/finance/procurement-services/notices-
of -intent-to-award.
2.21.2 The complete protest ordinance may be found on the city’s web site at the following
link: https://library.municode.com/fl/fort_lauderdale/codes/code_of_ordinances?nodeI
d=COOR_CH2AD_ARTVFI_DIV2PR_S2-182DIREPR
2.22 Public Entity Crimes
Bidder, by submitting a bid, certifies that neither the Bidder nor any of the Bidder’s principals
has been placed on the convicted vendor list as defined in Section 287.133, Florida Statutes
(2018), as may be amended or revised. A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public entity for the construction or repair
of a public building or public work; may not submit bids, proposals, or replies on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the
convicted vendor list.
2.23 Sub-Contractors
2.23.1 If the Contractor proposes to use sub-contractors in the course of providing these
services to the City, this information shall be a part of the bid response. Such
information shall be subject to review, acceptance and approval of the City, prior to any
contract award. The City reserves the right to approve or disapprove of any sub-
contractor candidate in its best interest and to require Contractor to replace sub-
contractor with one that meets City approval.
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2.23.2 Contractor shall ensure that all of Contractor’s sub-contractors perform in accordance
with the terms and conditions of this Contract. Contractor shall be fully responsible for all
of Contractor’s sub-contractors’ performance, and liable for any of Contractor’s sub-
contractor’s non-performance and all of Contractor’s sub-contractors’ acts and
omissions. Contractor shall defend, at Contractor’s expense, counsel being subject to
the City’s approval or disapproval, and indemnify and hold harmless the City and the
City’s officers, employees, and agents from and against any claim, lawsuit, third-party
action, or judgment, including any award of attorney fees and any award of costs, by or
in favor of any Contractor’s sub-contractors for payment for work performed for the City.
2.23.3 Contractor shall require all of its sub-contractors to provide the required insurance
coverage as well as any other coverage that the Contractor may consider necessary,
and any deficiency in the coverage or policy limits of said sub-contractors will be the sole
responsibility of the Contractor.
2.24 Bid Security- N/A
2.25 Payment and Performanc e Bond- N/A
2.26 Insurance Requirements
2.26.1 As a condition precedent to the effectiveness of this Agreement, during the term of this
Agreement and during any renewal or extension term of this Agreement, the Contractor,
at the Contractor’s sole expense, shall provide insurance of such types and with such
terms and limits as noted below. Providing proof of and maintaining adequate insurance
coverage are material obligations of the Contractor. The Contractor shall provide the City
a certificate of insurance evidencing such coverage. The Contractor’s insurance
coverage shall be primary insurance for all applicable policies. The limits of coverage
under each policy maintained by the Contractor shall not be interpreted as limiting the
Contractor’s liability and obligations under this Agreement. All insurance policies shall be
from insurers authorized to write insurance policies in the State of Florida and that
possess an A.M. Best rating of “A-” VII or better. All insurance policies are subject to
approval by the City’s Risk Manager.
2.26.2 The coverages, limits, and endorsements required herein protect the interests of the
City, and these coverages, limits, and endorsements may not be relied upon by the
Contractor for assessing the extent or determining appropriate types and limits of
coverage to protect the Contractor against any loss exposure, whether as a result of this
Agreement or otherwise. The requirements contained herein, as well as the City’s review
or acknowledgement, are not intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by the Contractor under this Agreement.
2.26.3 The following insurance policies and coverages are required:
Commercial General Liability
Coverage must be afforded under a Commercial General Liability policy with limits not
less than:
$1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury,
Property Damage, and Personal and Advertising Injury
$1,000,000 each occurrence and $2,000,000 aggregate for Products and
Completed Operations
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Policy must include coverage for Contractual Liability and Independent Contractors.
The City and the City’s officers, employees, and volunteers are to be covered as
additional insureds with a CG 20 26 04 13 Additional Insured – Designated Person or
Organization Endorsement or similar endorsement providing equal or broader Additional
Insured Coverage with respect to liability arising out of activities performed by or on
behalf of the Contractor. The coverage shall contain no special limitation on the scope of
protection afforded to the City or the City’s officers, employees, and volunteers.
Business Automobile Liability
Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned
vehicles for Bodily Injury and Property Damage in an amount not less than
$1,000,000 combined single limit each accident.
If the Contractor does not own vehicles, the Contractor shall maintain coverage for
Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement
to the Commercial General Liability policy or separate Business Auto Liability policy.
Workers’ Compensation and Employer’s Liability
Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity
performing work for or on behalf of the City must provide Workers’ Compensation
insurance. Exceptions and exemptions will be allowed by the City’s Risk Manager, if
they are in accordance with Florida Statute.
The Contractor waives, and the Contractor shall ensure that the Contractor’s insurance
carrier waives, all subrogation rights against the City and the City’s officers, employees,
and volunteers for all losses or damages. The City requires the policy to be endorsed
with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent.
The Contractor must be in compliance with all applicable State and federal workers’
compensation laws, including the U.S. Longshore Harbor Workers’ Act and the Jones
Act, if applicable.
2.26.4 Insurance Certificate Requirements
a. The Contractor shall provide the City with valid Certificates of Insurance (binders
are unacceptable) no later than thirty (30) days prior to the start of work
contemplated in this Agreement.
b. The Contractor shall provide to the City a Certificate of Insurance having a thirty
(30) day notice of cancellation; ten (10) days’ notice if cancellation is for
nonpayment of premium.
c. In the event that the insurer is unable to accommodate the cancellation notice
requirement, it shall be the responsibility of the Contractor to provide the proper
notice. Such notification will be in writing by registered mail, return receipt
requested, and addressed to the certificate holder.
d. In the event the Agreement term goes beyond the expiration date of the insurance
policy, the Contractor shall provide the City with an updated Certificate of
Insurance no later than ten (10) days prior to the expiration of the insurance
currently in effect. The City reserves the right to suspend the Agreement until this
requirement is met.
e. The Certificate of Insurance shall indicate whether coverage is provided under a
claims-made or occurrence form. If any coverage is provided on a claims-made
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form, the Certificate of Insurance must show a retroactive date, which shall be the
effective date of the initial contract or prior.
f. The City shall be named as an Additional Insured on the general liability policy.
g. The City shall be granted a Waiver of Subrogation on the Contractor’s Workers’
Compensation insurance policy.
h. The title of the Agreement, Bid/Contract number, event dates, or other identifying
reference must be listed on the Certificate of Insurance.
The Certificate Holder should read as follows:
City of Fort Lauderdale
Procurement Services Division
100 N. Andrews Avenue
Fort Lauderdale, FL 33301
2.26.5 The Contractor has the sole responsibility for the payment of all insurance premiums and
shall be fully and solely responsible for any costs or expenses as a result of a coverage
deductible, co-insurance penalty, or self-insured retention; including any loss not covered
because of the operation of such deductible, co-insurance penalty, self-insured retention,
or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured
shall be at the Contractor’s expense.
2.26.6 If the Contractor’s primary insurance policy/policies do not meet the minimum
requirements, as set forth in this Agreement, the Contractor may provide evidence of
an Umbrella/Excess insurance policy to comply with this requirement.
2.26.7 The Contractor’s insurance coverage shall be primary insurance as applied to the City
and the City’s officers, employees, and volunteers. Any insurance or self-insurance
maintained by the City covering the City, the City’s officers, employees, or volunteers
shall be non-contributory.
2.26.8 Any exclusion or provision in the insurance maintained by the Contractor that excludes
coverage for work contemplated in this Agreement shall be unacceptable and shall be
considered breach of contract.
2.26.9 All required insurance policies must be maintained until the contract work has been
accepted by the City, or until this Agreement is terminated, whichever is later. Any
lapse in coverage shall be considered breach of contract. In addition, Contractor must
provide to the City confirmation of coverage renewal via an updated certificate should
any policies expire prior to the expiration of this Agreement. The City reserves the right
to review, at any time, coverage forms and limits of Contractor’s insurance policies.
2.26.10 The Contractor shall provide notice of any and all claims, accidents, and any other
occurrences associated with this Agreement shall be provided to the Contractor’s
insurance company or companies and the City’s Risk Management office as soon
as practical.
2.26.11 It is the Contractor's responsibility to ensure that any and all of the Contractor’s
independent contractors and subcontractors comply with these insurance requirements.
All coverages for independent contractors and subcontractors shall be subject to all of
the applicable requirements stated herein. Any and all deficiencies are the responsibility
of the Contractor.
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OPTIONAL COVERAGES
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Pollution and Remediation Legal Liability (Hazardous Materials)
For the purpose of this section, the term “hazardous materials” includes all materials
and substances that are designated or defined as hazardous by Florida or federal law
or by the rules or regulations of Florida or any federal agency. If work being performed
involves hazardous materials, the Contractor shall procure and maintain any or all of
the following coverage, which will be specifically addressed upon review of exposure.
Contractors Pollution Liability Coverage
For sudden and gradual occurrences and in an amount not less than $1,000,000 per
claim arising out of this Agreement, including but not limited to, all hazardous
materials identified under the Agreement.
Hazardous Waste Transportation Coverage
The Contractor shall designate the hauler and furnish a Certificate of Insurance from
the hauler for Automobile Liability insurance with Endorsement MCS90 for liability
arising out of the transportation of hazardous materials in an amount not less than
$1,000,000 per claim limit and provide a valid EPA identification number.
2.26.12 Insurance – Sub-Contractors
Contractor shall require all of its Sub-Contractors to provide the aforementioned
coverage as well as any other coverage that the Contractor may consider necessary,
and any deficiency in the coverage or policy limits of said Sub-Contractors will be the
sole responsibility of the Contractor.
2.26.13 Insurance for Collection of Credit Card Payments
The successful Contractor will need to provide proof that they maintain insurance
coverage in an amount of not less than $1,000,000 specifically for cyber related
crimes relating to the transmission of credit card information over their website that
can include but are not limited to criminal activity involving the information technology
infrastructure, including illegal access (unauthorized access), illegal interception (by
technical means of non-public transmissions of computer data to, from or within a
computer system), data interference (unauthorized damaging, deletion, deterioration,
alteration or suppression of computer data), systems interference (interfering with the
functioning of a computer system by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID
theft), and electronic fraud.
2.27 Award of Contract
Contractor must bid on all items. Partial bids will not be considered.
The City also reserves the right to accept or reject any or all bids, part of bids, and to waive
minor irregularities or variations to specifications contained in bids, and minor irregularities in
the bidding process. The City also reserves the right to award the contract on a split order
basis, lump sum basis, individual item basis, or such combination as shall best serve the
interest of the City.
A Contract (the “Agreement”) may be awarded by the City Commission. The City reserves the
right to execute or not execute, as applicable, a contract with the Bidder(s) that is determined
to be in the City’s best interests. The City reserves the right to award a contract to more than
one Bidder, at the sole and absolute discretion of the in the City.
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2.28 Damage to Public or Private Prope rty
Extreme care sh all be taken to safeguard all existing facilities, site amenities, irrigation
systems, vehicles, etc. on or around the job site. Damage to public and/or private property
shall be the responsibility of the Contractor and shall be repaired and/or replaced at no
additional cost to the City.
2.29 Safety
The Contracto r(s) shall adhere to the Florida Department of Transportation’s Uniform manual
on Traffic Control for construction and maintenance work zones when working on or near a
roadway. It will be the sole responsibility of the Contractor to make themselves and their
employees fully aware of these provisions, especially those applicable to safety.
2.30 Uncontrollable Circumstances ("Force Majeure")
The City and Contractor will be excused from the performance of their respective obligations
under this agreement when and to the extent that their performance is delayed or prevented by
any circumstances beyond their control including, fire, flood, explosion, strikes or other labor
disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or
omission of any governmental authority, delay or failure or shortage of any type of
transportation, equipment, or service from a public utility needed for their performance, provided
that:
2.30.1 The non-performing party gives the other party prompt written notice describing the
particulars of the Force Majeure including, but not limited to, the nature of the
occurrence and its expected duration, and continues to furnish time ly reports with
respect thereto during the period of the Force Majeure;
2.30.2 The excuse of performance is of no greater scope and of no longer duration than is
required by the Force Majeure;
2.3 0.3 No obligations of either party that arose before the Force Majeure causing the excuse
of performance are excused as a result of the Force Majeure; and
2.30.4 The non-performing party uses its best efforts to remedy its inability to perform.
Notwithstanding the above, performance shall not be excused under this Section for a
period in excess of two (2) months, provided that in extenuating circumstances, the City
may excuse performance for a longer term. Economic hardship of the Contractor will not
constitute Force Majeure. The term of the agreement shall be extended by a period
equal to that during which either party's performance is suspended under this Section.
2.31 Canadian Companies
In the event Contractor is a corporation organized under the laws of any province of Canada
or is a Canadian federal corporation, the City may enforce in the United States of America
or in Canada or in both countries a judgme nt entered against the Contractor. The
Contractor waives any and all defenses to the City’s enforcement in Canada, of a judgment
entered by a court in the United States of America. All monetary amounts set forth in this
Contract are in United States dollars.
2.32 News Releases/Publicity
News releases, publicity releases, or advertisements relating to this contract or the tasks or
projects associated with the project shall not be ma de without prior City approval.
2.33 Approved Equal or Alternative Product Bids- N/A
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2.34 Contract Period
The initial contract term shall commence upon date of award by the City and shall expire two
years from that date. The City reserves the right to extend the contract for two, additional one
year terms, providing all terms conditions and specifications remain the same, both parties
agree to the extension, and such extension is approved by the City.
In the event services are scheduled to end because of the expiration of this contract, the
Contractor shall continue the service upon the request of the City as authorized by the
awarding authority. The extension period shall not extend for more than 180 days beyond the
expiration date of the existing contract. The Contractor shall be compensated for the service
at the rate in effect when this extension clause is invoked by the City.
2.35 Cost Adjustments
Prices quoted shall be firm for the initial contract term of two year(s). No cost increases shall
be accepted in this initial contract term. Please consider this when providing pricing for this
request for proposal.
Thereafter, any extensions which may be approved by the City shall be subject to the
following: costs for any extension terms shall be subject to an adjustment only if increases or
decreases occur in the industry. Such adjustment shall be based on the latest yearly
percentage increase in the All Urban Consumers Price Index (CPI-U) as published by the
Bureau of Labor Statistics, U.S. Dep't. of Labor and shall not exceed five percent (5%).
The yearly increase or decrease in the CPI shall be that latest Index published and available
for the calendar year ending 12/31, prior to the end of the contract year then in effect, as
compared to the index for the comparable month, one-year prior.
Any requested adjustment shall be fully documented and submitted to the City at least ninety
(90) days prior to the contract anniversary date. Any approved cost adjustments shall become
effective on the beginning date of the approved contract extension.
The City may, after examination, refuse to accept the adjusted costs if they are not properly
documented, or considered to be excessive, or if decreases are considered to be insufficient.
In the event the City does not wish to accept the adjusted costs and the matter cannot be
resolved to the satisfaction of the City, the Contract will be considered cancelled on the
scheduled expiration date.
2.36 Service Test Period
If the Contractor has not previously performed the services to the city, the City reserves the
right to require a test period to determine if the Contractor can perform in accordance with the
requirements of the contact, and to the City's satisfaction. Such test period can be from thirty
to ninety days, and will be conducted under all specifications, terms and conditions contained
in the contract. This trial period will then become part of the initial contract period.
A performance evaluation will be conducted prior to the end of the test period and that
evaluation will be the basis for the City's decision to continue with the Contractor or to select
another Contractor (if applicable).
2.37 Contract Coordinator
The City may designate a Contract Coordinator whose principal duties shall be:
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Liaison with Contractor.
Coordinate and approve all work under the contract.
Resolve any disputes.
Assure consistency and quality of Contractor's performance.
Schedule and conduct Contractor performance evaluations and document findings.
Review and approve for payment all invoices for work performed or items delivered.
2.38 Contractor Performance Reviews and Ratings
The City Contract Coordinator may develop a Contractor performance evaluation report. This
report shall be used to periodically review and rate the Contractor's performance under the
contract with performance rating as follows:
Excellent Far exceeds requirements.
Good Exceeds requirements
Fair Just meets requirements.
Poor Does not meet all requirements and contractor is subject to penalty
provisions under the contact.
Non-compliance Either continued poor performance after notice or a performance level
that does not meet a significant portion of the requirements.
This rating makes the Contractor subject to the default or cancellation
for cause provisions of the contract.
The report shall also list all discrepancies found during the review period. The Contractor
shall be provided with a copy of the report and may respond in writing if he takes exception to
the report or wishes to comment on the report. Contractor performance reviews and
subsequent reports will be used in determining the suitability of contract extension.
2.39 Substitution of Personnel- N/A
2.40 Ownership of Work- N/A
2.41 Condition of Trade-In Equipment- N/A
2.42 Conditions of Trade-In Shipment and Purchase Payment- N/A
2.43 Verification of Employment Status
Any Contractor/Consultant assigned to perform responsibilities under its contract with a State
agency is required to utilize the US Department of Homeland Security’s E-Verify system (per
Executive Order Number 11-02) to verify the employment eligibility of: (a) all persons
employed during the contract term by the Contractor to perform employment duties within
Florida; and (b) all persons (including subcontractors) assigned by the Contractor to perform
work pursuant to the contract with the State agency.
E-VERIFY Affirmation Statement (Attachment “ ”) should be completed and submitted with
Proposer’s response to this ITB.
2.44 Service Organization Controls
The Contactor should provide a current SSAE 18, SOC 2, Type I report with their proposal.
Awarded Contractor will be required to provide an SSAE 18, SOC 2, Type II report annually
during the term of this contract. If the Contractor cannot provide the SSAE 18, SOC 2, Type I
report at time of proposal submittal, a current SOC 3 report will be accepted.
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2.45 Warranties of Usage
Any estimated quantities listed are for information and tabulation purposes only. No warranty
or guarantee of quantities needed is given or implied. It is understood that the Contractor will
furnish the City's needs as they arise.
2.46 Rules and Submittals of Bids
The signer of the bid must declare that the only person(s), company or parties interested in the
proposal as principals are named therein; that the bid is made without collusion with any other
person(s), company or parties submitting a bid; that it is in all respects fair and in good faith,
without collusion or fraud; and that the signer of the bid has full authority to bind the principal
bidder.
2.47 Bid Tabulations/Intent to Award
Notice of Intent to Award Contract/Bid, resulting from the City’s Formal solicitation process may
be found at: http://www.fortlauderdale.gov/departments/finance/procurement-services/notices-
of-intent-to -award. Tabulations of receipt of those parties responding to a formal solicitation may
be found at: http://www.fortlauderdale.gov/departments/finance/procurement-services/bid-
results, or any interested party may call the Procurement Services Division at 954-828-5933.
2.48 Public Records
All bids will become the property of the City. The Bidder’s response to the ITB is a public record
pursuant to Florida law, which is subject to disclosure by the City under the State of Florida
Public Records Law, Florida Statutes Chapter 119.07 (“Public Records Law”). The City shall
permit public access to all documents, papers, letters or other material submitted in
connection with this ITB and any resulting Contract to be executed for this ITB, subject to the
provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Bidder’s
response to the ITB purporting to require confidentiality of any portion of the Bidder’s
response to the ITB, except to the extent that certain information is in the City’s opinion a
Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or
other information to the City which the Bidder claims is Trade Secret information and exempt
from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Bidder shall clearly
designate that it is a Trade Secret and that it is asserting that the document or information is
exempt. The Bidder must specifically identify the exemption being claimed under Florida
Statutes 119.07. The City shall be the final arbiter of whether any information contained in the
Bidder’s response to the ITB constitutes a Trade Secret. The city’s determination of whether
an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold
harmless the city and the city’s officers, employees, and agent, against any loss or damages
incurred by any person or entity as a result of the city’s treatment of records as public records.
In the event of Contract award, all documentation produced as part of the Contract shall become
the exclusive property of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002,
CITY CLERK’S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA
33301.
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Contractor shall:
1. Keep and maintain public records required by the City in order to perform the service.
2. Upon request from the City’s custodian of public records, provide the City with a copy of
the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes
(2017), as may be amended or revised, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of this contract if the Contractor does not transfer the
records to the City.
4. Upon completion of the Contract, transfer, at no cost, to the City all public records in
possession of the Contractor or keep and maintain public records required by the City to
perform the service. If the Contractor transfers all public records to the City upon completion
of this Contract, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of this Contract, the Contractor shall
meet all applicable requirements for retaining public records. All records stored electronically
must be provided to the City, upon request from the City’s custodian of public records, in a
format that is compatible with the information technology systems of the City.
2.49 PCI (Payment Card Industry) Compliance
Contractor agrees to comply with all applicable state, federal and international laws, as well as
industry best practices, governing the collection, access, use, disclosure, safeguarding and
destruction of protected information.
Contractor and/or any subcontractor that handles credit card data must be, and remain, PCI
compliant under the current standards and will provide documentation confirming compliance
upon request by the City of Fort Lauderdale, failure to produce documentation could result in
termination of the contract.
END OF SECTION
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Exhibit 3
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SECTION III - TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES
1. SCOPE
The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental
Purchasing Cooperative Group (COOP) is requesting bids to provide a firm fixed price for the
purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified
herein.
2. SPECIFICATIONS AND REQUIREMENTS
Product specifications'(as per ANSI/AWWA B300 standard for Hypochlorite latest revision):
• Trade name: Hypochlorite Solution, Bleach
• Chemical formula: NaOCI
• Specific gravity: at 20C -U -1,2
• Molecular weight 7 4.5
• Appearance: Light-yellow to green clear liquid solution Solubility in water: Complete
• Freezing Temperature: minus 7C to minus 10C
12% Solution Strength and pH range of 11 to 13
3. Standards
Hypochlorite supplied under this contract shall be tested and certified as meeting these
specifications and those of the American National Standards Institute/National Sanitation
Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals
Health Effects, It is the responsibility of the Contractor to inform the participating agency that
NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier
receives verbal or written notification. Loss of certification may constitute sufficient grounds for
immediate termination of the contract between the participating agency and the Contractor.
Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter (GPL)
available chlorine (i.e., 12.0 Trade Percent).
Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by weight
sodium hydroxide and a maximum of 0.45 weight percent sodium hydroxide.
Sampling and testing shall be in accordance with EPA and AWWA B300 standards and NSF
certification must be provided with every delivery.
4. Clean Tank Guarantee
At any time during the performance of this Agreement, if any participating agency has any sort
of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall
clean out the tank at no charge to the participating agency within seven (7) days, unless such
timeframe is extended by the participating agency. The cleanout should be done in such a
manner so that it is done safely with no Joss of disinfection to the affected plant and the
contents disposed of in accordance with current regulations on disposal of hazardous wastes.
The Contractor shall submit a procedure to the participating agency for the approval prior to
this work being completed. The determination of whether there is any such sludge or impurity
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Exhibit 3
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buildup in the tanks will be at the sole discretion of the participating agency. When the tank
has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium
hypochlorite at no cost to the participating agency. Failure of the Contractor to clean out the
tank and replace the sodium hypochlorite within seven (7) days after being served notice (or
within any extension of this timeframe specified by the participating agency) shall be cause for
immediate termination of the sodium hypochlorite supply Agreement between the participating
agency and the Contractor.
5. DELIVERY LOCATIONS, SIZE OF TANKS AND ESTIMATED ANNUAL USAGE FOR
EACH PARTICIPATING AGENCY.
6. SODIUM HYPOCHLORITE- TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR
__4,265,500 Two-year Co-op estimated usage : 8,531,000 gallons.
SODIUM HYPOCHLORITE- LESS THAN A TANKER LOAD- TOTAL ESTIMATED
GALLONS PER YEAR ____100,000 Two-year Co-Op estimated usage : 200,000 gallons.
Agency/ Delivery Location
Number
of
Tanks
Tank Size (Gal)
Estimated
Annual
Usage
Gallons
Special Note
City of Fort Lauderdale
1500 South State Road 7
Fort Lauderdale, FL 33317
3 11,459 170,000
City of Cooper City
11791 SW 49 Street
Cooper City, FL 33330
4 3,000 58,000
City of Coral Springs
3800 NW 85th Avenue
Coral Springs, FL 33065
2 8,000 200,000 2" male, plastic Cam-
lock tank fitting
City of Dania Beach
1201 Stirling Road
Dania Beach, FL 33004
3 1,500 50,000 Plastic cam lock tank
fitting
City of Deerfield Beach
290 Goolsby Blvd
Deerfield Beach, FL 33444
1 6,000 50,000 2" male Cam lock tank
fitting
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Exhibit 3
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City of Delray Beach
200 SW 6th Street
Delray Beach, FL 33444
2 10,000 360,000
20,000 less
than tanker
load
2" cam lock tank fittings
City of Hallandale Beach
630 NW 2 Street
Hallandale Beach, FL 33009
3 2,500 150,000
80,000 Less
than tanker
load
2" Cam Lock Male PVC
Fitting for tank
Coral Springs Improvement
District
10300 NW 11th Manor
Coral Springs, FL 33071
3 5,925 106,000 2" cam lock female tank
fitting.
Requires full safety gear
when offloading
chemicals.
Broward County Water and Wastewater Services
3701 North State Road 7
Lauderdale Lakes, FL 33316
4 7,300 365,000 2" (poly) cam lock tank
fitting
3598 West Prospect Road
Fort Lauderdale, FL 33309
2 450 10,500
Partial loads
to stations 3901 NW 66th Street
Fort Lauderdale, FL
2 250
300 NW 66th Street
Fort Lauderdale, FL 33309
2 450
1390 NE 50th Street
Pompano Beach, FL 33064
6 14,000 720,000
4980 SW 40th Avenue
Dania Beach, FL 33312
2 500
51,000
These will be
partial loads
to stations
3B, I3B9,
I3B8
and 3C
4550 SW 38th Street
West Park, FL 33023
1 350
1600 South Park Road
Hollywood, FL 33021
2 450
1751 SW 57th Avenue
Hollywood, FL 33023
2 450
2400 SW 67th Avenue
Miramar, FL 33023
1 1,100
2401 North Powerline Road
Pompano Beach, FL 33069
1
1
6
2,000
5,000
6,000
800,000
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Exhibit 3
Page 40 of 136
City of Boynton Beach
5469 W Boynton Beach Blvd
Boynton Beach, FL 33437
2 21,000 520,000 3" cam lock male tank
fitting
1620 South Seacrest Blvd
Boynton Beach, FL 33435
1 21,000 3" cam lock male tank
fitting
City of Hollywood
3441 Hollywood Blvd
Hollywood, FL 33021
7 10,000 600,000 2" Cam lock fitting
offload hose for tank
2400 N 68th Avenue
Hollywood, FL 33024
2 500
City of Margate
980 NW 66th Avenue
Margate, FL 33063
2 7,000 25,000 2" Bonjo female tank
fitting
6630 NW 9th Street
Margate, FL 33063
2
1
8,100
3,000
30,000 2" PVC Cam lock male
tank fitting
END OF SECTION
Bid 12525-312City of Fort Lauderdale
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Exhibit 3
Page 41 of 136
CITY OF FORT LAUDERDALE
GENERAL CONDITIONS
These instructions and conditions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division.
The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB) Special
Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB),
Request for Qualifications (RFQ), and Request for Proposal (RFP) are interchangeable.
PART I BIDDER PROPOSAL PAGE(S) CONDITIONS:
1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing
service, BidSync. Notices of Invitations to Bid (ITB’S) are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed (if applicable) to
every vendor on those lists, who may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are responsible
for registering with BidSync in order to view the bid documents. There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax,
please contact BidSync. If you wish purchase orders sent to a different address, please so indicate in your bid response. If you wish payments sent to a different
address, please so indicate on your invoice.
1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without
obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City.
1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a
detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a
detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor’s expense.
1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of
satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt
payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date
of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last.
1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit
prices bid and shall be considered in tabulation and award of bid.
1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a
period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB.
1.07 VARIANCES: For purposes of bid evaluation, Bidder’s must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions,
Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such
variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will
be assumed that the product or service fully complies with the City’s terms, conditions, and specifications.
By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any
bid contains material variances that, in the City’s sole opinion, make that bid conditional in nature, the City reserves the right to reject the bid or part of the bid that is
declared by the City as conditional.
1.08 NO BIDS: If you do not intend to bid please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications,
schedule would not permit, or any other reason, in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date and
time, indicated in this ITB, may result in your firm being deleted from our Bidder’s registration list for the Commodity Class Item requested in this ITB.
1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase
the participation of Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Small Business Enterprises (SBE) in its procurement activities. If
your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB.
Minority Business Enterprise (MBE) “A Minority Business” is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged
persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not
limited to: Blacks, Hispanics, Asian Americans, and Native Americans.
The term “Minority Business Enterprise” means a business at least 51 percent of which is owned by minority group members or, in the case of a publicly owned business, at
least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United
States who include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans.
Women Business Enterprise (WBE) a “Women Owned or Controlled Business” is a business enterprise at least 51 percent of which is owned by females or, in the case
of a publicly owned business, at least 51 percent of the stock of which is owned by females.
Small Business Enterprise (SBE) “Small Business” means a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a
profit, which is independently owned and operated, has either fewer than 100 employees or less than $1,000,000 in annual gross receipts.
BLACK, which includes persons having origins in any of the Black racial groups of Africa.
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WHITE, which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian.
HISPANIC, which includes persons of Mexican, Puerto Rican, Cuban, Central and South American, or other Spanish culture or origin, regardless of race.
NATIVE AMERICAN, which includes persons whose origins are American Indians, Eskimos, Aleuts, or Native Hawaiians.
ASIAN AMERICAN, which includes persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific
Islands.
1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION
It is the desire of the City of Fort Lauderdale to increase the participation of minority (MBE) and women-owned (WBE) businesses in its contracting and procurement
programs. While the City does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms. Proposers
are requested to include in their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are considering minority or
women owned enterprise participation in their proposal, those firms, and their specific duties have to be identified in the proposal. If a proposer is considered for
award, he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract.
1.11 SCRUTINIZED COMPANIES
As to any contract for goods or services of $1 million or more and as to the renewal of any contract for goods or services of $1 million or more, subject to Odebrecht
Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation, 715
F.3d 1268 (11th Cir. 2013), with regard to the “Cuba Amendment,” the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria, as provided in
section 287.135, Florida Statutes (2019), as may be amended or revised. As to any contract for goods or services of any amount and as to the renewal of any contract
for goods or services of any amount, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,
Florida Statutes (2019), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City’s option if the Contractor is found to have
submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2019), as may be amended or revised, or been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized
Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2019), or is engaged in a boycott of Israel, or has been engaged in business
operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2019), as may be amended or revised.
Rev. 2/2020 Page 1
1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS
The bidder or proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended
by any Federal department or agency.
Part II DEFINITIONS/ORDER OF PRECEDENCE:
2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders,
addenda and any other document used in the bidding process:
INVITATION TO BID (ITB) The solicitation document used for soliciting competitive sealed bids for goods or services.
INVITATION TO NEGOTIATE (ITN) All solicitation documents, regardless of medium, whether attached to or incorporated by reference in solicitations for responses
from firms that invite proposals from interested and qualified firms so the city may enter into negotiations with the firm(s) determined most capable of providing the
required goods or services.
REQUEST FOR PROPOSALS (RFP) A solicitation method used for soliciting competitive sealed proposals to determine the best value among proposals for goods or
services for which price may not be the prevailing factor in award of the contract, or the scope of work, specifications or contract terms and conditions may be difficult
to define. Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal using identified and generally weighted evaluation
criteria. RFPs may include price criteria whenever feasible, at the discretion of the city.
REQUEST FOR QUALIFICATIONS (RFQ) A solicitation method used for requesting statements of qualifications in order to determine the most qualified proposer
for professional services.
BID – a price and terms quote received in response to an ITB.
PROPOSAL – a proposal received in response to an RFP.
BIDDER – Person or firm submitting a Bid.
PROPOSER – Person or firm submitting a Proposal.
RESPONSIVE BIDDER – A firm who has submitted a bid, offer, quote, or response which conforms in all material respects to the competitive solicitation document
and all of its requirements.
RESPONSIBLE BIDDER – A firm who is fully capable of meeting all requirements of the solicitation and subsequent contract. The respondent must possess the full
capability, including financial and technical, ability, business judgment, experience, qualifications, facilities, equipment, integrity, capability, and reliability, in all
respects to perform fully the contract requirements and assure good faith performance as determined by the city.
FIRST RANKED PROPOSER – That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the
evaluation criteria contained in the RFP.
SELLER – Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City.
CONTRACTOR – Any firm having a contract with the city. Also referred to as a "Vendor".
CONTRACT – All types of agreements, including purchase orders, for procurement of supplies, services, and construction, regardless of what these agreements may
be called.
CONSULTANT – A firm providing professional services for the city.
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2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have
precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall
prevail in their entirety,
PART III BIDDING AND AWARD PROCEDURES:
3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified,
Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any
erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed, typewritten or filled in
with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a
particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send
bids via facsimile transmission (FAX) if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent
via FAX will be rejected. Bids will be publicly opened in the Procurement Office, or other designated area, in the presence of Bidders, the public, and City staff.
Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder’s and the public in
accordance with applicable regulations.
3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated
model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications,
Bidder shall provide adequate information to allow the City to determine if the model bid meets the City’s requirements.
3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the
amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns
goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or
items contained in the ITB with any other business with the City.
3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption number for EIN is
59-6000319, and State Sales tax exemption number is 85-8013875578C-1.
3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or
guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City’s needs as they arise.
3.06 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED
EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that
would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the
Bidder must state clearly in the bid any variance from those specifications. It is the Bidder’s responsibility to provide adequate information, in the bid, to enable the City to
ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the
item bid qualifies as an approved equal.
3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory,
or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the
Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the ITB, for
questions of a material nature, or prior to five (5) days before bid due and open date, whichever occurs first. If no such notification is received prior to that deadline,
the City will consider the technical specifications to be acceptable to all bidders.
3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions
pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract.
3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special
Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request.
Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty
(30) days of bid award at Bidder’s expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are
requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the
City may result in rejection of a bid.
Rev. 2/2020 Page 2
3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle
Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity, energy usage, environmental
impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use
and ownership.
3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Fort Lauderdale encourages Bidders to submit bids or
alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for
the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the
ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled.
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3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available
governmental contracts, if such action is in its best interest.
3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein.
The City reserves the right to inspect the Bidder’s facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine
Bidder’s ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform.
3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashier’s
check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after
acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as
stated in Special Conditions.
3.15 PUBLIC RECORDS/TRADE SECRETS/COPYRIGHT: The Proposer’s response to the RFP is a public record pursuant to Florida law, which is subject to
disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 (“Public Records Law”). The City shall permit public access to
all documents, papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP, subject to the provisions of Chapter
119.07 of the Florida Statutes.
Any language contained in the Proposer’s response to the RFP purporting to require confidentiality of any portion of the Proposer’s response to the RFP, except to the
extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information
to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Proposer shall clearly
designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being
claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer’s response to the RFP constitutes a
Trade Secret. The city’s determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the City and the
City’s officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. In
addition, the proposer agrees to defend, indemnify, and hold harmless the City and the City’s officers, employees, and agents, against any loss or damages incurred by
any person or entity as a result of the City’s treatment of records as exempt from disclosure or confidential. Proposals bearing copyright symbols or otherwise
purporting to be subject to copyright protection in full or in part may be rejected. The proposer authorizes the City to publish, copy, and reproduce any and all
documents submitted to the City bearing copyright symbols or otherwise purporting to be subject to copyright protection.
EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR
RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS
COPYRIGHTED.
3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the
bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to
disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City’s bidder lists and prohibition from engaging in any
business with the City.
3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor
irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a
split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to
the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the
City’s interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability,
capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the
character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance
by the Bidder with related laws and ordinances; the sufficiency of the Bidder’s financial resources; the availability, quality and adaptability of the Bidder’s supplies or
services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid.
If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the
next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to continue
until a bidder is selected or the contract is re-bid, at the sole option of the City.
3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern development,
submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid
response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by
any bidder shall not constitute a cognizable defense against the legal effect thereof.
3.19 BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city’s
procurement ordinance or any applicable law may protest to the chief procurement officer, by delivering a letter of protest to the director of finance within five (5) days
after a notice of intent to award is posted on the city’s web site at the following url: https://www.fortlauderdale.gov/departments/finance/procurement-services/notices-
of-intent-to-award
The complete protest ordinance may be found on the city’s web site at the following url: https://library.municode.com/fl/fort_lauderdale/codes/code_of_ordinances?
nodeid=coor_ch2ad_artvfi_div2pr_s2-182direpr
PART IV BONDS AND INSURANCE
4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of
award, furnish to the City a Performance Bond, payable to the City of Fort Lauderdale, Florida, in the face amount specified in Special Conditions as surety for faithful
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performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City
thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida and having a resident agent.
Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the
nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor.
Rev. 2/2020 Page 3
4.02 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special
Conditions.
The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the
City’s Risk Manager prior to engaging in any activities under this contract. The Contractor’s insurance is subject to the approval of the City’s Risk Manager. The
certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance and shall have no less than thirty (30) days written notice of cancellation
or material change. Further modification of the insurance requirements may be made at the sole discretion of the City’s Risk Manager if circumstances change or
adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications.
PART V PURCHASE ORDER AND CONTRACT TERMS:
5.01 COMPLIANCE WITH SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance with bid specifications. Items
delivered which do not conform to bid specifications may be rejected and returned at Contractor’s expense. Any violation resulting in contract termination for cause or
delivery of items not conforming to specifications, or late delivery may also result in:
- Bidder’s name being removed from the City’s bidder’s mailing list for a specified period and Bidder will not be recommended for any award during that period.
- All City Departments being advised to refrain from doing business with the Bidder.
- All other remedies in law or equity.
5.02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical
inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new,
and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The
City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder’s expense. Payment will be made
only after City receipt and acceptance of materials or services.
5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of
1970 as amended.
5.04 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the
bidder will supply only material or equipment that is 100% asbestos free.
5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or
quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB
and resulting contract. Prices shall be F.O.B. delivered to the requesting agency.
5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions
with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications
from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on
behalf of Contractors.
5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by
employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities,
social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to
services rendered under this contract shall be those of the Contractor.
5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and
indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages,
settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising
directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. Without
limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual
or alleged violations of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder.
5.09 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if
the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed
under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the
City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at
the option of the City, become the City’s property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of
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the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the
Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the
Contractor can be determined.
5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in the City’s best interest as determined by the City, to cancel any contract by giving written
notice to the Contractor thirty (30) days prior to the effective date of such cancellation.
5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated
in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law.
5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted
accounting practices and standards for records directly related to this contract. The Contractor agrees to make available to the City Auditor or the City Auditor’s
designee, during normal business hours and in Broward, Miami-Dade or Palm Beach Counties, all books of account, reports, and records relating to this contract. The
Contractor shall retain all books of account, reports, and records relating to this contract for the duration of the contract and for three years after the final payment
under this Agreement, until all pending audits, investigations or litigation matters relating to the contract are closed, or until expiration of the records retention period
prescribed by Florida law or the records retention schedules adopted by the Division of Library and Information Services of the Florida Department of State, whichever
is later.
5.13 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his/her/its own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to
comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract.
5.14 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would
apply to this contract.
NON-DISCRIMINATION: The Contractor shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color,
national origin, age, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, marital status, or any other protected classification as
defined by applicable law.
1. The Contractor certifies and represents that the Contractor will comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida, (2019), as
may be amended or revised, (“Section 2-187”), during the entire term of this Agreement.
2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement, entitling the City to pursue any remedy
stated below or any remedy provided under applicable law.
3. The City may terminate this Agreement if the Contractor fails to comply with Section 2-187.
4. The City may retain all monies due or to become due until the Contractor complies with Section 2-187.
5. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in section 2-183 of the Code of
Ordinances of the City of Fort Lauderdale, Florida.
Rev. 2/2020 Page 4
5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap,
unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor’s cost in
providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The
circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to
accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the
City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options:
1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor
shall fill all City requirements submitted to the Contractor until the termination date contained in the notice.
2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non-adjusted) cost until the termination of the contract term then
in effect.
3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve
Contractor of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under
law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying Contractor from receiving any business from
the City for a stated period of time.
If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person
authorized to bind the City in such matters.
5.16 ELIGIBILITY: If applicable, the Contractor must first register with the Florida Department of State in accordance with Florida Statutes, prior to entering into a
contract with the City.
5.17 PATENTS AND ROYALTIES: The Contractor, without exception, shall defend, indemnify, and hold harmless the City and the City’s employees, officers, employees,
volunteers, and agents from and against liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un-patented invention,
process, or article manufactured or used in the performance of the contract, including their use by the City. If the Contractor uses any design, device, or materials covered by
letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs arising from the use of such
design, device, or materials in any way involved in the work.
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5.18 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued
pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Commission or the City
Manager or City Manager’s designee, depending on original award approval.
5.19 GOVERNING LAW; VENUE: The Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any lawsuit by
either party against the other party or otherwise arising out of the Contract, and for any other legal proceeding, shall be in the courts in and for Broward County,
Florida, or in the event of federal jurisdiction, in the Southern District of Florida.
5.20 PUBLIC RECORDS:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT
PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK’S
OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301.
Contractor shall comply with public records laws, and Contractor shall:
1. Keep and maintain public records required by the City to perform the service.
2. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2019), as may be amended or revised, or as otherwise
provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City.
4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the
City.
Rev. 2/2020 Page 5
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NON-COLLUSION STATEMENT:
By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of
Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the
vendor's business, who is in a position to influence this procurement.
Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to
award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this
procurement.
For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any
business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor.
In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3,
3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members
hold a controlling financial interest (e.g. ownership of five (5) percent or more).
3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general
rules.
Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of
the City Procurement Code.
NAME RELATIONSHIPS
In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such
relationships exist.
Authorized Signature Title
Name (Printed)Date
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CONTRACT PAYMENT METHOD
The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes
how payments are remitted to its vendors. The City has transitioned from traditional paper checks to
credit card payments via MasterCard or Visa as part of this program.
This allows you as a vendor of the City of Fort Lauderdale to receive your payments fast and safely. No
more waiting for checks to be printed and mailed.
In accordance with the contract, payments on this contract will be made utilizing the City’s P-Card
(MasterCard or Visa). Accordingly, bidders must presently have the ability to accept these credit cards
or take whatever steps necessary to implement acceptance of a card before the start of the contract
term, or contract award by the City.
All costs associated with the Contractor’s participation in this purchasing program shall be borne by the
Contractor. The City reserves the right to revise this program as necessary.
By signing below you agree with these terms.
Please indicate which credit card payment you prefer:
MasterCard
Visa
Company Name
Name (Printed)Signature
Date Title
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BID/PROPOSAL CERTIFICATION
Please Note: It is the sole responsibility of the bidder to ensure that his bid is submitted electronically through
www.BidSync.com prior to the bid opening date and time listed. Paper bid submittals will not be accepted. All fields below
must be completed. If the field does not apply to you, please note N/A in that field.
If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state,
in accordance with Florida Statute §607.1501 (visit http://www.dos.state.fl.us/).
________________________________________________________________________________________________
Company: (Legal Registration) EIN (Optional):
Address:
City: State: Zip:
Telephone No.: FAX No.: Email:
________________________________________________________________________________________________
Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions):
Total Bid Discount (section 1.05 of General Conditions):
Check box if your firm qualifies for MBE / SBE / WBE (section 1.09 of General Conditions):
________________________________________________________________________________________________
ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are
included in the proposal:
Addendum No.Date Issued Addendum No.Date Issued Addendum No.Date Issued
________________________________________________________________________________________________
VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in
this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space
provided below all variances contained on other pages within your response. Additional pages may be attached if necessary.
No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the
space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement
is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If
you do not have variances, simply mark N/A. You must also click the “Take Exception” button.
________________________________________________________________________________________________
The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all
instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal.
I have read all attachments including the specifications and fully understand what is required. By submitting this signed
proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications
of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in
no event shall the City’s liability for respondent’s direct, indirect, incidental, consequential, special or exemplary damages,
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expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid
conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars
($500.00). This limitation shall not apply to claims arising under any provision of indemnification or the City’s protest ordinance
contained in this competitive solicitation.
Submitted by:
Name (printed)Signature
Date Title
Revised 4/28/2020
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5
6
Bid #12006 -372 - Sodium Hypochlorite (CO -OP)
Creation Date Jul 19, 2017 End Date Aug 11, 2017 2:00:00 PM EDT
Start Date Jul 21, 2017 4:29:31 PM EDT Awarded Date Not Yet Awarded
12006 -372 --01 -01 Sodium Hypochlorite - Tanker Load
Supplier Unit Price Qty/Unit Total Price Attch.Docs
Allied Universal Corporation [Ad]First Offer - $0.498 2157356 / gallon $1,074,363.288 Y Y
Product Code:
Agency Notes:
Supplier Product Code:
Supplier Notes:
Odyssey Manufacturing Company First Offer - $0.522 2157356 / gallon $1,126,139.832 Y Y
Product Code:
Agency Notes:
Supplier Product Code:
Supplier Notes:
Brenntag Mid -South Inc. [Ad]First Offer - $0.69 2157356 / gallon $1,488,575.64 Y Y
Product Code:
Agency Notes:
Supplier Product Code: 813540
Supplier Notes:
12006 -372 --01 -02 Sodium hypochlorite - Less than tanker load
Supplier Unit Price Qty/Unit Total Price Attch.Docs
Allied Universal Corporation [Ad]First Offer - $0.548 180000 / gallon $98,640.00 Y Y
Product Code:
Agency Notes:
Supplier Product Code:
Supplier Notes:
Odyssey Manufacturing Company First Offer - $0.68 180000 / gallon $122,400.00 Y Y
Product Code:
Agency Notes:
Supplier Product Code:
Supplier Notes:
Brenntag Mid -South Inc. [Ad]First Offer - $0.72 180000 / gallon $129,600.00 Y
Product Code:
Agency Notes:
Supplier Product Code: 813540
Supplier Notes:
Supplier Totals
f Allied Universal Corporation [Ad]$1,173,003.288 (2/2 items)
Bid Contact Catherine Guillarmod
CristyM@allieduniversal.com
Ph 305 -888 -2623
Fax 786 -522 -0215
Address 3901 N.W. 115 Ave.
Miami, FL 33178
Supplier Code 00002648
Agency Notes:Supplier Notes:Head Attch:
f Odyssey Manufacturing Company $1,248,539.832 (2/2 items)
Bid Contact Patrick Allman
pallman@odysseymanufacturing.com
Ph 813 -635 -0339
Fax 813 -630 -2589
Address 1484 Massaro Blvd.
Tampa, FL 33619
Agency Notes:Supplier Notes:Head Attch:
f Brenntag Mid -South Inc. [Ad]$1,618,175.64 (2/2 items)
Bid Contact Stephanie Ubach
subach@brenntag.com
Ph 800 -876 -1727
Fax 407 -851 -3512
Address 250 Central Florida Parkway
Orlando, FL 32824
Agency Notes:Supplier Notes:Head
Attch:
**
12006-372City of Fort Lauderdale
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Exhibit 3
Page 53 of 136
5
6
Bid #12006 -372 - Sodium Hypochlorite (CO -OP)Creation Date Jul 19, 2017 End Date Aug 11, 2017 2:00:00 PM EDTStart Date Jul 21, 2017 4:29:31 PM EDT Awarded Date Not Yet Awarded12006-372 --01 -01 Sodium Hypochlorite - Tanker LoadSupplierUnit Price Qty/Unit Total Price Attch.DocsAllied Universal Corporation [Ad]First Offer - $0.498 2157356 / gallon $1,074,363.288 Y YProduct Code: Agency Notes:Supplier Product Code:Supplier Notes:Odyssey Manufacturing Company First Offer - $0.522 2157356 / gallon $1,126,139.832 Y YProduct Code: Agency Notes:Supplier Product Code:Supplier Notes:Brenntag Mid -South Inc. [Ad]First Offer - $0.69 2157356 / gallon $1,488,575.64 Y YProduct Code: Agency Notes:Supplier Product Code: 813540Supplier Notes:12006 -372 --01 -02 Sodium hypochlorite - Less than tanker loadSupplierUnit Price Qty/Unit Total Price Attch.DocsAllied Universal Corporation [Ad]First Offer - $0.548 180000 / gallon $98,640.00 Y YProduct Code: Agency Notes:Supplier Product Code:Supplier Notes:Odyssey Manufacturing Company First Offer - $0.68 180000 / gallon $122,400.00 Y YProduct Code: Agency Notes:Supplier Product Code:Supplier Notes:Brenntag Mid -South Inc. [Ad]First Offer - $0.72 180000 / gallon $129,600.00 YProduct Code: Agency Notes:Supplier Product Code: 813540Supplier Notes:Supplier Totalsf Allied Universal Corporation [Ad]$1,173,003.288 (2/2 items) Bid Contact Catherine Guillarmod CristyM@allieduniversal.com Ph 305 -888 -2623 Fax 786 -522 -0215 Address 3901 N.W. 115 Ave.Miami, FL 33178 Supplier Code 00002648Agency Notes:Supplier Notes:Head Attch:f Odyssey Manufacturing Company $1,248,539.832 (2/2 items) Bid Contact Patrick Allman pallman@odysseymanufacturing.com Ph 813 -635 -0339 Fax 813 -630 -2589 Address 1484 Massaro Blvd.Tampa, FL 33619 Agency Notes:Supplier Notes:Head Attch:f Brenntag Mid -South Inc. [Ad]$1,618,175.64 (2/2 items) Bid Contact Stephanie Ubach
subach@brenntag.com
Ph 800 -876 -1727
Fax 407 -851 -3512
Address 250 Central Florida Parkway
Orlando, FL 32824
Agency Notes:Supplier Notes:Head
Attch:
**
12006-372City of Fort Lauderdale
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Page 54 of 136
Question and Answers for Bid #12525-312 - Sodium Hypochlorite (CO-OP)
Overall Bid Questions
Question 1
Can you post the last bid tab? (Submitted: Jun 11, 2021 1:23:32 PM EDT)
Answer
- Last bid tab added. (Answered: Jun 11, 2021 3:27:16 PM EDT)
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Allied Universal Corporation
Bid Contact Catherine Guillarmod
bids@allieduniversal.com
Ph 305-888-2623
Fax 786-522-0215
Address 3901 N.W. 115 Ave.
Miami, FL 33178
Supplier Code 00002648
Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs
12525-312--01-01 Sodium Hypochlorite- Tanker
Load
Supplier Product
Code:
First Offer - $0.718 1 / gallon $0.718 Y Y
12525-312--01-02 Sodium hypochlorite- Less
than tanker load
Supplier Product
Code:
First Offer - $0.78 1 / gallon $0.78 Y
Supplier Total $1.498
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 3
CAM 21-0674
Exhibit 3
Page 56 of 136
Allied Universal Corporation
Item: Sodium Hypochlorite- Tanker Load
Attachments
Bid 12525-312 - Sodium Hypochlorite CO-OP_AlliedUniversalCorp..pdf
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 4
CAM 21-0674
Exhibit 3
Page 57 of 136
Solicitation 12525-312
Sodium Hypochlorite (CO-OP)
Bid Designation: Public
City of Fort Lauderdale
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 1
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 5
CAM 21-0674
Exhibit 3
Page 58 of 136
Bid 12525-312
Sodium Hypochlorite (CO-OP)
Bid Number 12525-312
Bid Title Sodium Hypochlorite (CO-OP)
Bid Start Date Jun 8, 2021 4:12:09 PM EDT
Bid End Date Jun 25, 2021 2:00:00 PM EDT
Question &
Answer End Date Jun 21, 2021 5:00:00 PM EDT
Bid Contact Stefan S Mohammed
Senior Procurement Specialist
Finance
954-828-5351
smohammed@fortlauderdale.gov
Contract Duration 2 years
Contract Renewal 2 annual renewals
Prices Good for 120 days
Bid Comments The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental Purchasing Cooperative
Group (Co-Op) is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium
Hypochlorite in bulk and less than tanker loads as specified herein.
Item Response Form
Item 12525-312--01-01 - Sodium Hypochlorite- Tanker Load
Quantity 1 gallon
Unit Price
Delivery Location City of Fort Lauderdale
See ITB Specifications
See ITB Specifications
Fort Lauderdale FL 33301
Qty 1
Description
Based on past usage, the co-op anticipates usage of 8,531,000 gallons for the two year contract. However past usage is not indicative of future
usage.
Item 12525-312--01-02 - Sodium hypochlorite- Less than tanker load
Quantity 1 gallon
Unit Price
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 2
$0.718/gl
$0.78/gl
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 6
CAM 21-0674
Exhibit 3
Page 59 of 136
Delivery Location City of Fort Lauderdale
See ITB Specifications
See ITB Specifications
Fort Lauderdale FL 33301
Qty 1
Description
Based on past usage, the Co-op anticipates usage of 200,000 gallons for a two year term, however past usage is not indicative of future usage.
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 3
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 7
CAM 21-0674
Exhibit 3
Page 60 of 136
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 4
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 8
CAM 21-0674
Exhibit 3
Page 61 of 136
City of Fort Lauderdale
Sodium Hypochlorite (CO-OP)
ITB 12525-312
SECTION I – INTRODUCTION AND INFORMATION
1.1 Purpose
The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced and
licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium
Hypochlorite for the City, in accordance with the terms, conditions, and specifications
contained in this Invitation to Bid (ITB).
1.2 BidSync
The City of Fort Lauderdale uses BidSync (www.bidsync.com) to administer the competitive
solicitation process, including but not limited to soliciting proposals, issuing addenda, posting
results and issuing notification of an intended decision. There is no charge to register and
download the ITB from BidSync. Proposers are strongly encouraged to read the various
vendor Guides and Tutorials available in BidSync well in advance of their intention of
submitting a proposal to ensure familiarity with the use of BidSync. The City shall not be
responsible for a Proposers inability to submit a Proposal by the end date and time for any
reason, including issues arising from the use of BidSync.
It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically
through BidSync at www.bidsync.com no later than the time and date specified in this
solicitation. PAPER BID SUBMITTALS WILL NOT BE ACCEPTED. BIDS MUST BE
SUBMITTED ELECTRONICALLY VIA WWW.BIDSYNC.COM.
1.3 Electronic Bid Openings
Please be advised that effective immediately, and until further notice, all Invitation to Bids,
Request For Proposals, Request For Qualifications, and other solicitations led by the City of
Fort Lauderdale will be opened electronically via BIDSYNC.COM at the date and time
indicated on the solicitation. All openings will be held on the BIDSYNC.COM platform.
Anyone requesting assistance or having further inquiry in this matter must contact the
Procurement Specialist indicated on the solicitation, via the Question and Answer forum on
Bidsync.com before the Last Day for Questions indicated in the Solicitation.
1.4 Point of Contact
For information concerning procedures for responding to this solicitation, contact Procurement
Specialist, Stefan Mohammed, at (954) 828-5351 or email at
SMohammed@fortlauderdale.gov. Such contact shall be for clarification purposes only.
For information concerning technical specifications, please utilize the question / answer
feature provided by BidSync at www.bidsync.com. Questions of a material nature must be
received prior to the cut-off date specified in the ITB schedule. Material changes, if any, to the
scope of services or bidding procedures will only be transmitted by written addendum. (See
addendum section of BidSync Site). Bidders please note: No part of your bid can be
submitted via FAX. No variation in price or conditions shall be permitted based upon a claim
of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized
themselves with the nature and extent of the work, and the equipment, materials, and labor
required. The entire bid response must be submitted in accordance with all specifications
contained in this solicitation. The questions and answers submitted in BidSync shall become
part of any contract that is created from this ITB.
Bid 12525-312City of Fort Lauderdale
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12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 9
CAM 21-0674
Exhibit 3
Page 62 of 136
1.5 Pre-bid Conference and/or Site Visit
There will not be a pre-bid conference or site visit for this ITB.
It will be the sole responsibility of the Bidder to become familiar with the scope of the City’s
requirements and systems prior to submitting a bid. No variation in price or conditions shall be
permitted based upon a claim of ignorance. Submission of a bid will be considered evidence
that the Bidder has familiarized themselves with the nature and extent of the work, equipment,
materials, and labor required.
END OF SECTION
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 6
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 10
CAM 21-0674
Exhibit 3
Page 63 of 136
SECTION II - SPECIAL TERMS AND CONDITIONS
2.1 General Conditions
ITB General Conditions (Form G-107, Rev. 09/20) are included and made a part of this ITB.
2.2 Addenda, Changes, and Interpretations
It is the sole responsibility of each firm to notify the Procurement Specialist utilizing the
question / answer feature provided by BidSync and request modification or clarification of any
ambiguity, conflict, discrepancy, omission or other error discovered in this competitive
solicitation. Requests for clarification, modification, interpretation, or changes must be
received prior to the Question and Answer (Q & A) Deadline. Requests received after this date
may not be addressed. Questions and requests for information that would not materially affect
the scope of services to be performed or the solicitation process will be answered within the
question / answer feature provided by BidSync and shall be for clarification purposes only.
Material changes, if any, to the scope of services or the solicitation process will only be
transmitted by official written addendum issued by the City and uploaded to BidSync as a
separate addendum to the ITB. Under no circumstances shall an oral explanation given by
any City official, officer, staff, or agent be binding upon the City and should be disregarded. All
addenda are a part of the competitive solicitation documents and each firm will be bound by
such addenda. It is the responsibility of each to read and comprehend all addenda issued.
2.3 Changes and Alterations
Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no
oral modifications will be allowed. Modifications shall not be allowed following the Bid deadline.
2.4 Bidder’s Costs
The City sh all not be liable for any costs incurred by Bidders in responding to this ITB.
2.5 Pricing/Delivery
Delivery is required within two business days after receipt of purchase order. Failure to meet
this delivery date may be deemed as non-responsive.
All deliveries are to be shipped F.O.B. Destination, Freight included.
Failure to provide costs as requested in this ITB may deem your bid non-responsive.
All work is to be performed during normal working hours unless requested otherwise by the
participating agency. Contractor must provide name and contact information as references for
facilities that have been provided the same or similar products and service.
City of Hallandale delivery instructions- delivery during daylight hour only.
Coral Springs Improvement District special delivery requirements- full safety gear when
offloading chemicals.
2.6 Price Validity
Prices provided in this Invitation to bid (ITB) shall be valid for at least One-Hundred and Twenty
(120) days from time of ITB opening unless otherwise extended and agreed upon by the City
and Bidder. The City shall award contract within this time period or shall request to the
recommended awarded vendor an extension to hold pricing, until products/services have been
awarded.
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 7
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 11
CAM 21-0674
Exhibit 3
Page 64 of 136
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 8
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 12
CAM 21-0674
Exhibit 3
Page 65 of 136
2.7 Invoices/Payment
Payment terms will be considered to be net 45 days after the date of satisfactory delivery at
the place of acceptance and receipt of correct invoice at the office specified, whichever occurs
last, in accordance with the Florida Local Government Prompt Payment Act. Bidder may offer
cash discounts for prompt payment but they will not be considered in determination of award.
2.8 Related Expenses/Travel Expenses
All costs including travel are to be included in your bid. The City will not accept any additional
costs.
2.9 Payment Method
The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which
changes how payments are remitted to its vendors. The City has transitioned from traditional
paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor
of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for
checks to be printed and mailed. Payments will be made utilizing the City’s P-Card
(MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card
payment or take whatever steps necessary to implement acceptance of a credit card before
the commencement of a contract. See Contract Payment Method form attached.
2.10 Mistakes
The Bidder shall examine this ITB carefully. The submission of a bid shall be prima facie
evidence that the Bidder has full knowledge of the scope, nature, and quality of the work to be
performed; the detailed requirements of the specifications; and the conditions under which the
work is to be performed. Ignorance of the requirements will not relieve the Bidder from liability
and obligations under the Contract.
2.11 Acceptance of Bids / Minor Irregularities
2.11.1 The City reserves the right to accept or reject any or all bids, part of bids, and to waive
minor irregularities or variances to specifications contained in bids which do not make
the bid conditional in nature and minor irregularities in the solicitation process. A minor
irregularity shall be a variation from the solicitation that does not affect the price of the
contract or does not give a bidder an advantage or benefit not enjoyed by other
bidders, does not adversely impact the interests of other firms or, does not affect the
fundamental fairness of the solicitation process. The City also reserves the right to
reissue an ITB.
2.11.2 The City reserves the right to disqualify Bidder during any phase of the competitive
solicitation process and terminate for cause any resulting contract upon evidence of
collusion with intent to defraud or other illegal practices on the part of the Bidder.
2.12 Modific ation of Services
2.12.1 While th is contract is for services provided to the department referenced in this ITB,
the City may require similar work for other City departments. Successful Bidder agrees
to take on such work unless such work would not be considered reasonable or
become an undue burden to the Successful Bidder.
2.12.2 The City reserves the right to delete any portion of the work at any time without cause,
and if such right is exercised by the City, the total fee shall be reduced in the same
ratio as the estimated co st of the work deleted bears to the estimated cost of the
work originally planned. If work has already been accomplished and approved by the
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 9
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 13
CAM 21-0674
Exhibit 3
Page 66 of 136
City on any portion of a contract resulting from this ITB, the Successful Bidder shall be
paid f or the work completed on the basis of the estimated percentage of completion
of such portion to the total project cost.
2.12.3 The City may require additional items or services of a similar nature, but not
specifica lly listed in the co ntract. The Successful Bidder agrees to provide such items
or services and sh all provide the City prices on such additional items or services. If
the price(s) offered are not acceptable to the City, and the situation cannot be
resolved to the satisfaction of the City, the City reserves the right to procure those
items or services from other vend ors, or to cancel the contract upon giving the
Successful Bidder thirty (30) days written notice.
2.12.4 If the Successful Bidder and the City agree on modifications or revisions to the task
elements, after the City has approved work to begin on a particular task or project,
and a budget has been establish ed for that task or project, the Successful Bidder will
submit a revised budget to the City for approval prior to proceeding with the work.
2.13 No Exclusive Contract
Bidder agrees and understands that the contract shall not be construed as an exclusive
arrangement and further agrees that the City may, at any time, secure similar or identical
services from another vendor at the City’s so le option.
2.14 Sample Contract Agreement
A sample of the formal agreement template, which may be required to be executed by the
awarded vendor can be found at our website:
https://www.fortlauderdale.gov/home/showdocument?id=1212
2.15 Responsiveness
In order to be considered responsive to the solicitation, the firm’s bid shall fully conform in all
material respects to the solicitation and all of its requirements, including all form and substance.
2.16 Responsibility
In order to be considered as a responsible firm, firm shall be fully capable to meet all of the
requirements of the solicitation and subsequent contract, must possess the full capability,
including financial and technical, to perform as contractually required, and must be able to
fully document the ability to provide good faith performance.
2.17 Minimum Qualifications
To be eligible for award of a contract in response to this solicitation, the Bidder must
demonstrate that they have successfully completed services, as specified in the Technical
Specifications / Scope of Services section of this solicitation, are normally and routinely
engaged in performing such services, and are properly and legally licensed to perform such
work. In addition, the Bidder must have no conflict of interest with regard to any other work
performed by the Bidder for the City of Fort Lauderdale.
2.17.1 Firm or principals shall have no record of judgments, pending lawsuits against the City
or criminal activities involving moral turpitude and not have any conflicts of interest that
have not been waived by the City Commission.
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 10
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 14
CAM 21-0674
Exhibit 3
Page 67 of 136
2.17.2 Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of
any debt or contract involving the City, (as a party to a contract, or otherwise); nor
have failed to perform faithfully on any previous contract with the City.
2.18 Lobbying Activities
ALL CONTRACTORS PLEASE NOTE: Any contractor submitting a response to this
solicitation must comply, if applicable, with City of Fort Lauderdale Ordinance No. C-11-42 &
Resolution No. 07-101, Lobbying Activities. Copies of Ordinance No. C-11-42 and Resolution
No. 07-101 may be obtained from the City Clerk’s Office on the 7th Floor of City Hall, 100 N.
Andrews Avenue, Fort Lauderdale, Florida. The ordinance may also be viewed on the City's
website at http://www.fortlauderdale.gov/home/showdocument?id=6036.
2.19 Local Business Preference- N/A
2.20 Disadvantaged Business Enterprise Preference- N/A
2.21 Protest Procedure
2.21.1 Any Bidder who is not recommended for award of a contract and who alleges a failure
by the city to follow the city’s procurement ordinance or any applicable law, may follow
the protest procedure as found in the city’s procurement ordinance within five (5) days
after a notice of intent to award is posted on the city’s web site at the following
link: http://www.fortlauderdale.gov/departments/finance/procurement-services/notices-
of -intent-to-award.
2.21.2 The complete protest ordinance may be found on the city’s web site at the following
link: https://library.municode.com/fl/fort_lauderdale/codes/code_of_ordinances?nodeI
d=COOR_CH2AD_ARTVFI_DIV2PR_S2-182DIREPR
2.22 Public Entity Crimes
Bidder, by submitting a bid, certifies that neither the Bidder nor any of the Bidder’s principals
has been placed on the convicted vendor list as defined in Section 287.133, Florida Statutes
(2018), as may be amended or revised. A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public entity for the construction or repair
of a public building or public work; may not submit bids, proposals, or replies on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the
convicted vendor list.
2.23 Sub-Contractors
2.23.1 If the Contractor proposes to use sub-contractors in the course of providing these
services to the City, this information shall be a part of the bid response. Such
information shall be subject to review, acceptance and approval of the City, prior to any
contract award. The City reserves the right to approve or disapprove of any sub-
contractor candidate in its best interest and to require Contractor to replace sub-
contractor with one that meets City approval.
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 11
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 15
CAM 21-0674
Exhibit 3
Page 68 of 136
2.23.2 Contractor shall ensure that all of Contractor’s sub-contractors perform in accordance
with the terms and conditions of this Contract. Contractor shall be fully responsible for all
of Contractor’s sub-contractors’ performance, and liable for any of Contractor’s sub-
contractor’s non-performance and all of Contractor’s sub-contractors’ acts and
omissions. Contractor shall defend, at Contractor’s expense, counsel being subject to
the City’s approval or disapproval, and indemnify and hold harmless the City and the
City’s officers, employees, and agents from and against any claim, lawsuit, third-party
action, or judgment, including any award of attorney fees and any award of costs, by or
in favor of any Contractor’s sub-contractors for payment for work performed for the City.
2.23.3 Contractor shall require all of its sub-contractors to provide the required insurance
coverage as well as any other coverage that the Contractor may consider necessary,
and any deficiency in the coverage or policy limits of said sub-contractors will be the sole
responsibility of the Contractor.
2.24 Bid Security- N/A
2.25 Payment and Performanc e Bond- N/A
2.26 Insurance Requirements
2.26.1 As a condition precedent to the effectiveness of this Agreement, during the term of this
Agreement and during any renewal or extension term of this Agreement, the Contractor,
at the Contractor’s sole expense, shall provide insurance of such types and with such
terms and limits as noted below. Providing proof of and maintaining adequate insurance
coverage are material obligations of the Contractor. The Contractor shall provide the City
a certificate of insurance evidencing such coverage. The Contractor’s insurance
coverage shall be primary insurance for all applicable policies. The limits of coverage
under each policy maintained by the Contractor shall not be interpreted as limiting the
Contractor’s liability and obligations under this Agreement. All insurance policies shall be
from insurers authorized to write insurance policies in the State of Florida and that
possess an A.M. Best rating of “A-” VII or better. All insurance policies are subject to
approval by the City’s Risk Manager.
2.26.2 The coverages, limits, and endorsements required herein protect the interests of the
City, and these coverages, limits, and endorsements may not be relied upon by the
Contractor for assessing the extent or determining appropriate types and limits of
coverage to protect the Contractor against any loss exposure, whether as a result of this
Agreement or otherwise. The requirements contained herein, as well as the City’s review
or acknowledgement, are not intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by the Contractor under this Agreement.
2.26.3 The following insurance policies and coverages are required:
Commercial General Liability
Coverage must be afforded under a Commercial General Liability policy with limits not
less than:
$1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury,
Property Damage, and Personal and Advertising Injury
$1,000,000 each occurrence and $2,000,000 aggregate for Products and
Completed Operations
Bid 12525-312City of Fort Lauderdale
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12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 16
CAM 21-0674
Exhibit 3
Page 69 of 136
Policy must include coverage for Contractual Liability and Independent Contractors.
The City and the City’s officers, employees, and volunteers are to be covered as
additional insureds with a CG 20 26 04 13 Additional Insured – Designated Person or
Organization Endorsement or similar endorsement providing equal or broader Additional
Insured Coverage with respect to liability arising out of activities performed by or on
behalf of the Contractor. The coverage shall contain no special limitation on the scope of
protection afforded to the City or the City’s officers, employees, and volunteers.
Business Automobile Liability
Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned
vehicles for Bodily Injury and Property Damage in an amount not less than
$1,000,000 combined single limit each accident.
If the Contractor does not own vehicles, the Contractor shall maintain coverage for
Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement
to the Commercial General Liability policy or separate Business Auto Liability policy.
Workers’ Compensation and Employer’s Liability
Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity
performing work for or on behalf of the City must provide Workers’ Compensation
insurance. Exceptions and exemptions will be allowed by the City’s Risk Manager, if
they are in accordance with Florida Statute.
The Contractor waives, and the Contractor shall ensure that the Contractor’s insurance
carrier waives, all subrogation rights against the City and the City’s officers, employees,
and volunteers for all losses or damages. The City requires the policy to be endorsed
with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent.
The Contractor must be in compliance with all applicable State and federal workers’
compensation laws, including the U.S. Longshore Harbor Workers’ Act and the Jones
Act, if applicable.
2.26.4 Insurance Certificate Requirements
a. The Contractor shall provide the City with valid Certificates of Insurance (binders
are unacceptable) no later than thirty (30) days prior to the start of work
contemplated in this Agreement.
b. The Contractor shall provide to the City a Certificate of Insurance having a thirty
(30) day notice of cancellation; ten (10) days’ notice if cancellation is for
nonpayment of premium.
c. In the event that the insurer is unable to accommodate the cancellation notice
requirement, it shall be the responsibility of the Contractor to provide the proper
notice. Such notification will be in writing by registered mail, return receipt
requested, and addressed to the certificate holder.
d. In the event the Agreement term goes beyond the expiration date of the insurance
policy, the Contractor shall provide the City with an updated Certificate of
Insurance no later than ten (10) days prior to the expiration of the insurance
currently in effect. The City reserves the right to suspend the Agreement until this
requirement is met.
e. The Certificate of Insurance shall indicate whether coverage is provided under a
claims-made or occurrence form. If any coverage is provided on a claims-made
Bid 12525-312City of Fort Lauderdale
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12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 17
CAM 21-0674
Exhibit 3
Page 70 of 136
form, the Certificate of Insurance must show a retroactive date, which shall be the
effective date of the initial contract or prior.
f. The City shall be named as an Additional Insured on the general liability policy.
g. The City shall be granted a Waiver of Subrogation on the Contractor’s Workers’
Compensation insurance policy.
h. The title of the Agreement, Bid/Contract number, event dates, or other identifying
reference must be listed on the Certificate of Insurance.
The Certificate Holder should read as follows:
City of Fort Lauderdale
Procurement Services Division
100 N. Andrews Avenue
Fort Lauderdale, FL 33301
2.26.5 The Contractor has the sole responsibility for the payment of all insurance premiums and
shall be fully and solely responsible for any costs or expenses as a result of a coverage
deductible, co-insurance penalty, or self-insured retention; including any loss not covered
because of the operation of such deductible, co-insurance penalty, self-insured retention,
or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured
shall be at the Contractor’s expense.
2.26.6 If the Contractor’s primary insurance policy/policies do not meet the minimum
requirements, as set forth in this Agreement, the Contractor may provide evidence of
an Umbrella/Excess insurance policy to comply with this requirement.
2.26.7 The Contractor’s insurance coverage shall be primary insurance as applied to the City
and the City’s officers, employees, and volunteers. Any insurance or self-insurance
maintained by the City covering the City, the City’s officers, employees, or volunteers
shall be non-contributory.
2.26.8 Any exclusion or provision in the insurance maintained by the Contractor that excludes
coverage for work contemplated in this Agreement shall be unacceptable and shall be
considered breach of contract.
2.26.9 All required insurance policies must be maintained until the contract work has been
accepted by the City, or until this Agreement is terminated, whichever is later. Any
lapse in coverage shall be considered breach of contract. In addition, Contractor must
provide to the City confirmation of coverage renewal via an updated certificate should
any policies expire prior to the expiration of this Agreement. The City reserves the right
to review, at any time, coverage forms and limits of Contractor’s insurance policies.
2.26.10 The Contractor shall provide notice of any and all claims, accidents, and any other
occurrences associated with this Agreement shall be provided to the Contractor’s
insurance company or companies and the City’s Risk Management office as soon
as practical.
2.26.11 It is the Contractor's responsibility to ensure that any and all of the Contractor’s
independent contractors and subcontractors comply with these insurance requirements.
All coverages for independent contractors and subcontractors shall be subject to all of
the applicable requirements stated herein. Any and all deficiencies are the responsibility
of the Contractor.
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 14
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 18
CAM 21-0674
Exhibit 3
Page 71 of 136
OPTIONAL COVERAGES
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 15
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 19
CAM 21-0674
Exhibit 3
Page 72 of 136
Pollution and Remediation Legal Liability (Hazardous Materials)
For the purpose of this section, the term “hazardous materials” includes all materials
and substances that are designated or defined as hazardous by Florida or federal law
or by the rules or regulations of Florida or any federal agency. If work being performed
involves hazardous materials, the Contractor shall procure and maintain any or all of
the following coverage, which will be specifically addressed upon review of exposure.
Contractors Pollution Liability Coverage
For sudden and gradual occurrences and in an amount not less than $1,000,000 per
claim arising out of this Agreement, including but not limited to, all hazardous
materials identified under the Agreement.
Hazardous Waste Transportation Coverage
The Contractor shall designate the hauler and furnish a Certificate of Insurance from
the hauler for Automobile Liability insurance with Endorsement MCS90 for liability
arising out of the transportation of hazardous materials in an amount not less than
$1,000,000 per claim limit and provide a valid EPA identification number.
2.26.12 Insurance – Sub-Contractors
Contractor shall require all of its Sub-Contractors to provide the aforementioned
coverage as well as any other coverage that the Contractor may consider necessary,
and any deficiency in the coverage or policy limits of said Sub-Contractors will be the
sole responsibility of the Contractor.
2.26.13 Insurance for Collection of Credit Card Payments
The successful Contractor will need to provide proof that they maintain insurance
coverage in an amount of not less than $1,000,000 specifically for cyber related
crimes relating to the transmission of credit card information over their website that
can include but are not limited to criminal activity involving the information technology
infrastructure, including illegal access (unauthorized access), illegal interception (by
technical means of non-public transmissions of computer data to, from or within a
computer system), data interference (unauthorized damaging, deletion, deterioration,
alteration or suppression of computer data), systems interference (interfering with the
functioning of a computer system by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID
theft), and electronic fraud.
2.27 Award of Contract
Contractor must bid on all items. Partial bids will not be considered.
The City also reserves the right to accept or reject any or all bids, part of bids, and to waive
minor irregularities or variations to specifications contained in bids, and minor irregularities in
the bidding process. The City also reserves the right to award the contract on a split order
basis, lump sum basis, individual item basis, or such combination as shall best serve the
interest of the City.
A Contract (the “Agreement”) may be awarded by the City Commission. The City reserves the
right to execute or not execute, as applicable, a contract with the Bidder(s) that is determined
to be in the City’s best interests. The City reserves the right to award a contract to more than
one Bidder, at the sole and absolute discretion of the in the City.
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2.28 Damage to Public or Private Prope rty
Extreme care sh all be taken to safeguard all existing facilities, site amenities, irrigation
systems, vehicles, etc. on or around the job site. Damage to public and/or private property
shall be the responsibility of the Contractor and shall be repaired and/or replaced at no
additional cost to the City.
2.29 Safety
The Contracto r(s) shall adhere to the Florida Department of Transportation’s Uniform manual
on Traffic Control for construction and maintenance work zones when working on or near a
roadway. It will be the sole responsibility of the Contractor to make themselves and their
employees fully aware of these provisions, especially those applicable to safety.
2.30 Uncontrollable Circumstances ("Force Majeure")
The City and Contractor will be excused from the performance of their respective obligations
under this agreement when and to the extent that their performance is delayed or prevented by
any circumstances beyond their control including, fire, flood, explosion, strikes or other labor
disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or
omission of any governmental authority, delay or failure or shortage of any type of
transportation, equipment, or service from a public utility needed for their performance, provided
that:
2.30.1 The non-performing party gives the other party prompt written notice describing the
particulars of the Force Majeure including, but not limited to, the nature of the
occurrence and its expected duration, and continues to furnish time ly reports with
respect thereto during the period of the Force Majeure;
2.30.2 The excuse of performance is of no greater scope and of no longer duration than is
required by the Force Majeure;
2.3 0.3 No obligations of either party that arose before the Force Majeure causing the excuse
of performance are excused as a result of the Force Majeure; and
2.30.4 The non-performing party uses its best efforts to remedy its inability to perform.
Notwithstanding the above, performance shall not be excused under this Section for a
period in excess of two (2) months, provided that in extenuating circumstances, the City
may excuse performance for a longer term. Economic hardship of the Contractor will not
constitute Force Majeure. The term of the agreement shall be extended by a period
equal to that during which either party's performance is suspended under this Section.
2.31 Canadian Companies
In the event Contractor is a corporation organized under the laws of any province of Canada
or is a Canadian federal corporation, the City may enforce in the United States of America
or in Canada or in both countries a judgme nt entered against the Contractor. The
Contractor waives any and all defenses to the City’s enforcement in Canada, of a judgment
entered by a court in the United States of America. All monetary amounts set forth in this
Contract are in United States dollars.
2.32 News Releases/Publicity
News releases, publicity releases, or advertisements relating to this contract or the tasks or
projects associated with the project shall not be ma de without prior City approval.
2.33 Approved Equal or Alternative Product Bids- N/A
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2.34 Contract Period
The initial contract term shall commence upon date of award by the City and shall expire two
years from that date. The City reserves the right to extend the contract for two, additional one
year terms, providing all terms conditions and specifications remain the same, both parties
agree to the extension, and such extension is approved by the City.
In the event services are scheduled to end because of the expiration of this contract, the
Contractor shall continue the service upon the request of the City as authorized by the
awarding authority. The extension period shall not extend for more than 180 days beyond the
expiration date of the existing contract. The Contractor shall be compensated for the service
at the rate in effect when this extension clause is invoked by the City.
2.35 Cost Adjustments
Prices quoted shall be firm for the initial contract term of two year(s). No cost increases shall
be accepted in this initial contract term. Please consider this when providing pricing for this
request for proposal.
Thereafter, any extensions which may be approved by the City shall be subject to the
following: costs for any extension terms shall be subject to an adjustment only if increases or
decreases occur in the industry. Such adjustment shall be based on the latest yearly
percentage increase in the All Urban Consumers Price Index (CPI-U) as published by the
Bureau of Labor Statistics, U.S. Dep't. of Labor and shall not exceed five percent (5%).
The yearly increase or decrease in the CPI shall be that latest Index published and available
for the calendar year ending 12/31, prior to the end of the contract year then in effect, as
compared to the index for the comparable month, one-year prior.
Any requested adjustment shall be fully documented and submitted to the City at least ninety
(90) days prior to the contract anniversary date. Any approved cost adjustments shall become
effective on the beginning date of the approved contract extension.
The City may, after examination, refuse to accept the adjusted costs if they are not properly
documented, or considered to be excessive, or if decreases are considered to be insufficient.
In the event the City does not wish to accept the adjusted costs and the matter cannot be
resolved to the satisfaction of the City, the Contract will be considered cancelled on the
scheduled expiration date.
2.36 Service Test Period
If the Contractor has not previously performed the services to the city, the City reserves the
right to require a test period to determine if the Contractor can perform in accordance with the
requirements of the contact, and to the City's satisfaction. Such test period can be from thirty
to ninety days, and will be conducted under all specifications, terms and conditions contained
in the contract. This trial period will then become part of the initial contract period.
A performance evaluation will be conducted prior to the end of the test period and that
evaluation will be the basis for the City's decision to continue with the Contractor or to select
another Contractor (if applicable).
2.37 Contract Coordinator
The City may designate a Contract Coordinator whose principal duties shall be:
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Liaison with Contractor.
Coordinate and approve all work under the contract.
Resolve any disputes.
Assure consistency and quality of Contractor's performance.
Schedule and conduct Contractor performance evaluations and document findings.
Review and approve for payment all invoices for work performed or items delivered.
2.38 Contractor Performance Reviews and Ratings
The City Contract Coordinator may develop a Contractor performance evaluation report. This
report shall be used to periodically review and rate the Contractor's performance under the
contract with performance rating as follows:
Excellent Far exceeds requirements.
Good Exceeds requirements
Fair Just meets requirements.
Poor Does not meet all requirements and contractor is subject to penalty
provisions under the contact.
Non-compliance Either continued poor performance after notice or a performance level
that does not meet a significant portion of the requirements.
This rating makes the Contractor subject to the default or cancellation
for cause provisions of the contract.
The report shall also list all discrepancies found during the review period. The Contractor
shall be provided with a copy of the report and may respond in writing if he takes exception to
the report or wishes to comment on the report. Contractor performance reviews and
subsequent reports will be used in determining the suitability of contract extension.
2.39 Substitution of Personnel- N/A
2.40 Ownership of Work- N/A
2.41 Condition of Trade-In Equipment- N/A
2.42 Conditions of Trade-In Shipment and Purchase Payment- N/A
2.43 Verification of Employment Status
Any Contractor/Consultant assigned to perform responsibilities under its contract with a State
agency is required to utilize the US Department of Homeland Security’s E-Verify system (per
Executive Order Number 11-02) to verify the employment eligibility of: (a) all persons
employed during the contract term by the Contractor to perform employment duties within
Florida; and (b) all persons (including subcontractors) assigned by the Contractor to perform
work pursuant to the contract with the State agency.
E-VERIFY Affirmation Statement (Attachment “ ”) should be completed and submitted with
Proposer’s response to this ITB.
2.44 Service Organization Controls
The Contactor should provide a current SSAE 18, SOC 2, Type I report with their proposal.
Awarded Contractor will be required to provide an SSAE 18, SOC 2, Type II report annually
during the term of this contract. If the Contractor cannot provide the SSAE 18, SOC 2, Type I
report at time of proposal submittal, a current SOC 3 report will be accepted.
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2.45 Warranties of Usage
Any estimated quantities listed are for information and tabulation purposes only. No warranty
or guarantee of quantities needed is given or implied. It is understood that the Contractor will
furnish the City's needs as they arise.
2.46 Rules and Submittals of Bids
The signer of the bid must declare that the only person(s), company or parties interested in the
proposal as principals are named therein; that the bid is made without collusion with any other
person(s), company or parties submitting a bid; that it is in all respects fair and in good faith,
without collusion or fraud; and that the signer of the bid has full authority to bind the principal
bidder.
2.47 Bid Tabulations/Intent to Award
Notice of Intent to Award Contract/Bid, resulting from the City’s Formal solicitation process may
be found at: http://www.fortlauderdale.gov/departments/finance/procurement-services/notices-
of-intent-to -award. Tabulations of receipt of those parties responding to a formal solicitation may
be found at: http://www.fortlauderdale.gov/departments/finance/procurement-services/bid-
results, or any interested party may call the Procurement Services Division at 954-828-5933.
2.48 Public Records
All bids will become the property of the City. The Bidder’s response to the ITB is a public record
pursuant to Florida law, which is subject to disclosure by the City under the State of Florida
Public Records Law, Florida Statutes Chapter 119.07 (“Public Records Law”). The City shall
permit public access to all documents, papers, letters or other material submitted in
connection with this ITB and any resulting Contract to be executed for this ITB, subject to the
provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Bidder’s
response to the ITB purporting to require confidentiality of any portion of the Bidder’s
response to the ITB, except to the extent that certain information is in the City’s opinion a
Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or
other information to the City which the Bidder claims is Trade Secret information and exempt
from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Bidder shall clearly
designate that it is a Trade Secret and that it is asserting that the document or information is
exempt. The Bidder must specifically identify the exemption being claimed under Florida
Statutes 119.07. The City shall be the final arbiter of whether any information contained in the
Bidder’s response to the ITB constitutes a Trade Secret. The city’s determination of whether
an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold
harmless the city and the city’s officers, employees, and agent, against any loss or damages
incurred by any person or entity as a result of the city’s treatment of records as public records.
In the event of Contract award, all documentation produced as part of the Contract shall become
the exclusive property of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002,
CITY CLERK’S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA
33301.
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Contractor shall:
1. Keep and maintain public records required by the City in order to perform the service.
2. Upon request from the City’s custodian of public records, provide the City with a copy of
the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes
(2017), as may be amended or revised, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of this contract if the Contractor does not transfer the
records to the City.
4. Upon completion of the Contract, transfer, at no cost, to the City all public records in
possession of the Contractor or keep and maintain public records required by the City to
perform the service. If the Contractor transfers all public records to the City upon completion
of this Contract, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of this Contract, the Contractor shall
meet all applicable requirements for retaining public records. All records stored electronically
must be provided to the City, upon request from the City’s custodian of public records, in a
format that is compatible with the information technology systems of the City.
2.49 PCI (Payment Card Industry) Compliance
Contractor agrees to comply with all applicable state, federal and international laws, as well as
industry best practices, governing the collection, access, use, disclosure, safeguarding and
destruction of protected information.
Contractor and/or any subcontractor that handles credit card data must be, and remain, PCI
compliant under the current standards and will provide documentation confirming compliance
upon request by the City of Fort Lauderdale, failure to produce documentation could result in
termination of the contract.
END OF SECTION
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SECTION III - TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES
1. SCOPE
The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental
Purchasing Cooperative Group (COOP) is requesting bids to provide a firm fixed price for the
purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified
herein.
2. SPECIFICATIONS AND REQUIREMENTS
Product specifications'(as per ANSI/AWWA B300 standard for Hypochlorite latest revision):
• Trade name: Hypochlorite Solution, Bleach
• Chemical formula: NaOCI
• Specific gravity: at 20C -U -1,2
• Molecular weight 7 4.5
• Appearance: Light-yellow to green clear liquid solution Solubility in water: Complete
• Freezing Temperature: minus 7C to minus 10C
12% Solution Strength and pH range of 11 to 13
3. Standards
Hypochlorite supplied under this contract shall be tested and certified as meeting these
specifications and those of the American National Standards Institute/National Sanitation
Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals
Health Effects, It is the responsibility of the Contractor to inform the participating agency that
NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier
receives verbal or written notification. Loss of certification may constitute sufficient grounds for
immediate termination of the contract between the participating agency and the Contractor.
Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter (GPL)
available chlorine (i.e., 12.0 Trade Percent).
Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by weight
sodium hydroxide and a maximum of 0.45 weight percent sodium hydroxide.
Sampling and testing shall be in accordance with EPA and AWWA B300 standards and NSF
certification must be provided with every delivery.
4. Clean Tank Guarantee
At any time during the performance of this Agreement, if any participating agency has any sort
of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall
clean out the tank at no charge to the participating agency within seven (7) days, unless such
timeframe is extended by the participating agency. The cleanout should be done in such a
manner so that it is done safely with no Joss of disinfection to the affected plant and the
contents disposed of in accordance with current regulations on disposal of hazardous wastes.
The Contractor shall submit a procedure to the participating agency for the approval prior to
this work being completed. The determination of whether there is any such sludge or impurity
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buildup in the tanks will be at the sole discretion of the participating agency. When the tank
has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium
hypochlorite at no cost to the participating agency. Failure of the Contractor to clean out the
tank and replace the sodium hypochlorite within seven (7) days after being served notice (or
within any extension of this timeframe specified by the participating agency) shall be cause for
immediate termination of the sodium hypochlorite supply Agreement between the participating
agency and the Contractor.
5. DELIVERY LOCATIONS, SIZE OF TANKS AND ESTIMATED ANNUAL USAGE FOR
EACH PARTICIPATING AGENCY.
6. SODIUM HYPOCHLORITE- TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR
__4,265,500 Two-year Co-op estimated usage : 8,531,000 gallons.
SODIUM HYPOCHLORITE- LESS THAN A TANKER LOAD- TOTAL ESTIMATED
GALLONS PER YEAR ____100,000 Two-year Co-Op estimated usage : 200,000 gallons.
Agency/ Delivery Location
Number
of
Tanks
Tank Size (Gal)
Estimated
Annual
Usage
Gallons
Special Note
City of Fort Lauderdale
1500 South State Road 7
Fort Lauderdale, FL 33317
3 11,459 170,000
City of Cooper City
11791 SW 49 Street
Cooper City, FL 33330
4 3,000 58,000
City of Coral Springs
3800 NW 85th Avenue
Coral Springs, FL 33065
2 8,000 200,000 2" male, plastic Cam-
lock tank fitting
City of Dania Beach
1201 Stirling Road
Dania Beach, FL 33004
3 1,500 50,000 Plastic cam lock tank
fitting
City of Deerfield Beach
290 Goolsby Blvd
Deerfield Beach, FL 33444
1 6,000 50,000 2" male Cam lock tank
fitting
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Exhibit 3
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City of Delray Beach
200 SW 6th Street
Delray Beach, FL 33444
2 10,000 360,000
20,000 less
than tanker
load
2" cam lock tank fittings
City of Hallandale Beach
630 NW 2 Street
Hallandale Beach, FL 33009
3 2,500 150,000
80,000 Less
than tanker
load
2" Cam Lock Male PVC
Fitting for tank
Coral Springs Improvement
District
10300 NW 11th Manor
Coral Springs, FL 33071
3 5,925 106,000 2" cam lock female tank
fitting.
Requires full safety gear
when offloading
chemicals.
Broward County Water and Wastewater Services
3701 North State Road 7
Lauderdale Lakes, FL 33316
4 7,300 365,000 2" (poly) cam lock tank
fitting
3598 West Prospect Road
Fort Lauderdale, FL 33309
2 450 10,500
Partial loads
to stations 3901 NW 66th Street
Fort Lauderdale, FL
2 250
300 NW 66th Street
Fort Lauderdale, FL 33309
2 450
1390 NE 50th Street
Pompano Beach, FL 33064
6 14,000 720,000
4980 SW 40th Avenue
Dania Beach, FL 33312
2 500
51,000
These will be
partial loads
to stations
3B, I3B9,
I3B8
and 3C
4550 SW 38th Street
West Park, FL 33023
1 350
1600 South Park Road
Hollywood, FL 33021
2 450
1751 SW 57th Avenue
Hollywood, FL 33023
2 450
2400 SW 67th Avenue
Miramar, FL 33023
1 1,100
2401 North Powerline Road
Pompano Beach, FL 33069
1
1
6
2,000
5,000
6,000
800,000
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City of Boynton Beach
5469 W Boynton Beach Blvd
Boynton Beach, FL 33437
2 21,000 520,000 3" cam lock male tank
fitting
1620 South Seacrest Blvd
Boynton Beach, FL 33435
1 21,000 3" cam lock male tank
fitting
City of Hollywood
3441 Hollywood Blvd
Hollywood, FL 33021
7 10,000 600,000 2" Cam lock fitting
offload hose for tank
2400 N 68th Avenue
Hollywood, FL 33024
2 500
City of Margate
980 NW 66th Avenue
Margate, FL 33063
2 7,000 25,000 2" Bonjo female tank
fitting
6630 NW 9th Street
Margate, FL 33063
2
1
8,100
3,000
30,000 2" PVC Cam lock male
tank fitting
END OF SECTION
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Exhibit 3
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CITY OF FORT LAUDERDALE
GENERAL CONDITIONS
These instructions and conditions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division.
The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB) Special
Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB),
Request for Qualifications (RFQ), and Request for Proposal (RFP) are interchangeable.
PART I BIDDER PROPOSAL PAGE(S) CONDITIONS:
1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing
service, BidSync. Notices of Invitations to Bid (ITB’S) are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed (if applicable) to
every vendor on those lists, who may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are responsible
for registering with BidSync in order to view the bid documents. There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax,
please contact BidSync. If you wish purchase orders sent to a different address, please so indicate in your bid response. If you wish payments sent to a different
address, please so indicate on your invoice.
1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without
obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City.
1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a
detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a
detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor’s expense.
1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of
satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt
payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date
of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last.
1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit
prices bid and shall be considered in tabulation and award of bid.
1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a
period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB.
1.07 VARIANCES: For purposes of bid evaluation, Bidder’s must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions,
Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such
variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will
be assumed that the product or service fully complies with the City’s terms, conditions, and specifications.
By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any
bid contains material variances that, in the City’s sole opinion, make that bid conditional in nature, the City reserves the right to reject the bid or part of the bid that is
declared by the City as conditional.
1.08 NO BIDS: If you do not intend to bid please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications,
schedule would not permit, or any other reason, in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date and
time, indicated in this ITB, may result in your firm being deleted from our Bidder’s registration list for the Commodity Class Item requested in this ITB.
1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase
the participation of Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Small Business Enterprises (SBE) in its procurement activities. If
your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB.
Minority Business Enterprise (MBE) “A Minority Business” is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged
persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not
limited to: Blacks, Hispanics, Asian Americans, and Native Americans.
The term “Minority Business Enterprise” means a business at least 51 percent of which is owned by minority group members or, in the case of a publicly owned business, at
least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United
States who include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans.
Women Business Enterprise (WBE) a “Women Owned or Controlled Business” is a business enterprise at least 51 percent of which is owned by females or, in the case
of a publicly owned business, at least 51 percent of the stock of which is owned by females.
Small Business Enterprise (SBE) “Small Business” means a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a
profit, which is independently owned and operated, has either fewer than 100 employees or less than $1,000,000 in annual gross receipts.
BLACK, which includes persons having origins in any of the Black racial groups of Africa.
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WHITE, which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian.
HISPANIC, which includes persons of Mexican, Puerto Rican, Cuban, Central and South American, or other Spanish culture or origin, regardless of race.
NATIVE AMERICAN, which includes persons whose origins are American Indians, Eskimos, Aleuts, or Native Hawaiians.
ASIAN AMERICAN, which includes persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific
Islands.
1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION
It is the desire of the City of Fort Lauderdale to increase the participation of minority (MBE) and women-owned (WBE) businesses in its contracting and procurement
programs. While the City does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms. Proposers
are requested to include in their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are considering minority or
women owned enterprise participation in their proposal, those firms, and their specific duties have to be identified in the proposal. If a proposer is considered for
award, he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract.
1.11 SCRUTINIZED COMPANIES
As to any contract for goods or services of $1 million or more and as to the renewal of any contract for goods or services of $1 million or more, subject to Odebrecht
Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation, 715
F.3d 1268 (11th Cir. 2013), with regard to the “Cuba Amendment,” the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria, as provided in
section 287.135, Florida Statutes (2019), as may be amended or revised. As to any contract for goods or services of any amount and as to the renewal of any contract
for goods or services of any amount, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,
Florida Statutes (2019), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City’s option if the Contractor is found to have
submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2019), as may be amended or revised, or been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized
Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2019), or is engaged in a boycott of Israel, or has been engaged in business
operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2019), as may be amended or revised.
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1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS
The bidder or proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended
by any Federal department or agency.
Part II DEFINITIONS/ORDER OF PRECEDENCE:
2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders,
addenda and any other document used in the bidding process:
INVITATION TO BID (ITB) The solicitation document used for soliciting competitive sealed bids for goods or services.
INVITATION TO NEGOTIATE (ITN) All solicitation documents, regardless of medium, whether attached to or incorporated by reference in solicitations for responses
from firms that invite proposals from interested and qualified firms so the city may enter into negotiations with the firm(s) determined most capable of providing the
required goods or services.
REQUEST FOR PROPOSALS (RFP) A solicitation method used for soliciting competitive sealed proposals to determine the best value among proposals for goods or
services for which price may not be the prevailing factor in award of the contract, or the scope of work, specifications or contract terms and conditions may be difficult
to define. Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal using identified and generally weighted evaluation
criteria. RFPs may include price criteria whenever feasible, at the discretion of the city.
REQUEST FOR QUALIFICATIONS (RFQ) A solicitation method used for requesting statements of qualifications in order to determine the most qualified proposer
for professional services.
BID – a price and terms quote received in response to an ITB.
PROPOSAL – a proposal received in response to an RFP.
BIDDER – Person or firm submitting a Bid.
PROPOSER – Person or firm submitting a Proposal.
RESPONSIVE BIDDER – A firm who has submitted a bid, offer, quote, or response which conforms in all material respects to the competitive solicitation document
and all of its requirements.
RESPONSIBLE BIDDER – A firm who is fully capable of meeting all requirements of the solicitation and subsequent contract. The respondent must possess the full
capability, including financial and technical, ability, business judgment, experience, qualifications, facilities, equipment, integrity, capability, and reliability, in all
respects to perform fully the contract requirements and assure good faith performance as determined by the city.
FIRST RANKED PROPOSER – That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the
evaluation criteria contained in the RFP.
SELLER – Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City.
CONTRACTOR – Any firm having a contract with the city. Also referred to as a "Vendor".
CONTRACT – All types of agreements, including purchase orders, for procurement of supplies, services, and construction, regardless of what these agreements may
be called.
CONSULTANT – A firm providing professional services for the city.
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2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have
precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall
prevail in their entirety,
PART III BIDDING AND AWARD PROCEDURES:
3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified,
Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any
erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed, typewritten or filled in
with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a
particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send
bids via facsimile transmission (FAX) if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent
via FAX will be rejected. Bids will be publicly opened in the Procurement Office, or other designated area, in the presence of Bidders, the public, and City staff.
Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder’s and the public in
accordance with applicable regulations.
3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated
model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications,
Bidder shall provide adequate information to allow the City to determine if the model bid meets the City’s requirements.
3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the
amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns
goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or
items contained in the ITB with any other business with the City.
3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption number for EIN is
59-6000319, and State Sales tax exemption number is 85-8013875578C-1.
3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or
guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City’s needs as they arise.
3.06 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED
EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that
would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the
Bidder must state clearly in the bid any variance from those specifications. It is the Bidder’s responsibility to provide adequate information, in the bid, to enable the City to
ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the
item bid qualifies as an approved equal.
3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory,
or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the
Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the ITB, for
questions of a material nature, or prior to five (5) days before bid due and open date, whichever occurs first. If no such notification is received prior to that deadline,
the City will consider the technical specifications to be acceptable to all bidders.
3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions
pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract.
3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special
Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request.
Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty
(30) days of bid award at Bidder’s expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are
requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the
City may result in rejection of a bid.
Rev. 2/2020 Page 2
3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle
Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity, energy usage, environmental
impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use
and ownership.
3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Fort Lauderdale encourages Bidders to submit bids or
alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for
the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the
ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled.
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3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available
governmental contracts, if such action is in its best interest.
3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein.
The City reserves the right to inspect the Bidder’s facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine
Bidder’s ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform.
3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashier’s
check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after
acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as
stated in Special Conditions.
3.15 PUBLIC RECORDS/TRADE SECRETS/COPYRIGHT: The Proposer’s response to the RFP is a public record pursuant to Florida law, which is subject to
disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 (“Public Records Law”). The City shall permit public access to
all documents, papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP, subject to the provisions of Chapter
119.07 of the Florida Statutes.
Any language contained in the Proposer’s response to the RFP purporting to require confidentiality of any portion of the Proposer’s response to the RFP, except to the
extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information
to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Proposer shall clearly
designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being
claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer’s response to the RFP constitutes a
Trade Secret. The city’s determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the City and the
City’s officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. In
addition, the proposer agrees to defend, indemnify, and hold harmless the City and the City’s officers, employees, and agents, against any loss or damages incurred by
any person or entity as a result of the City’s treatment of records as exempt from disclosure or confidential. Proposals bearing copyright symbols or otherwise
purporting to be subject to copyright protection in full or in part may be rejected. The proposer authorizes the City to publish, copy, and reproduce any and all
documents submitted to the City bearing copyright symbols or otherwise purporting to be subject to copyright protection.
EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR
RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS
COPYRIGHTED.
3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the
bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to
disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City’s bidder lists and prohibition from engaging in any
business with the City.
3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor
irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a
split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to
the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the
City’s interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability,
capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the
character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance
by the Bidder with related laws and ordinances; the sufficiency of the Bidder’s financial resources; the availability, quality and adaptability of the Bidder’s supplies or
services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid.
If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the
next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to continue
until a bidder is selected or the contract is re-bid, at the sole option of the City.
3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern development,
submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid
response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by
any bidder shall not constitute a cognizable defense against the legal effect thereof.
3.19 BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city’s
procurement ordinance or any applicable law may protest to the chief procurement officer, by delivering a letter of protest to the director of finance within five (5) days
after a notice of intent to award is posted on the city’s web site at the following url: https://www.fortlauderdale.gov/departments/finance/procurement-services/notices-
of-intent-to-award
The complete protest ordinance may be found on the city’s web site at the following url: https://library.municode.com/fl/fort_lauderdale/codes/code_of_ordinances?
nodeid=coor_ch2ad_artvfi_div2pr_s2-182direpr
PART IV BONDS AND INSURANCE
4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of
award, furnish to the City a Performance Bond, payable to the City of Fort Lauderdale, Florida, in the face amount specified in Special Conditions as surety for faithful
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performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City
thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida and having a resident agent.
Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the
nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor.
Rev. 2/2020 Page 3
4.02 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special
Conditions.
The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the
City’s Risk Manager prior to engaging in any activities under this contract. The Contractor’s insurance is subject to the approval of the City’s Risk Manager. The
certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance and shall have no less than thirty (30) days written notice of cancellation
or material change. Further modification of the insurance requirements may be made at the sole discretion of the City’s Risk Manager if circumstances change or
adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications.
PART V PURCHASE ORDER AND CONTRACT TERMS:
5.01 COMPLIANCE WITH SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance with bid specifications. Items
delivered which do not conform to bid specifications may be rejected and returned at Contractor’s expense. Any violation resulting in contract termination for cause or
delivery of items not conforming to specifications, or late delivery may also result in:
- Bidder’s name being removed from the City’s bidder’s mailing list for a specified period and Bidder will not be recommended for any award during that period.
- All City Departments being advised to refrain from doing business with the Bidder.
- All other remedies in law or equity.
5.02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical
inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new,
and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The
City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder’s expense. Payment will be made
only after City receipt and acceptance of materials or services.
5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of
1970 as amended.
5.04 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the
bidder will supply only material or equipment that is 100% asbestos free.
5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or
quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB
and resulting contract. Prices shall be F.O.B. delivered to the requesting agency.
5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions
with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications
from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on
behalf of Contractors.
5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by
employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities,
social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to
services rendered under this contract shall be those of the Contractor.
5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and
indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages,
settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising
directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. Without
limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual
or alleged violations of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder.
5.09 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if
the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed
under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the
City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at
the option of the City, become the City’s property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of
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the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the
Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the
Contractor can be determined.
5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in the City’s best interest as determined by the City, to cancel any contract by giving written
notice to the Contractor thirty (30) days prior to the effective date of such cancellation.
5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated
in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law.
5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted
accounting practices and standards for records directly related to this contract. The Contractor agrees to make available to the City Auditor or the City Auditor’s
designee, during normal business hours and in Broward, Miami-Dade or Palm Beach Counties, all books of account, reports, and records relating to this contract. The
Contractor shall retain all books of account, reports, and records relating to this contract for the duration of the contract and for three years after the final payment
under this Agreement, until all pending audits, investigations or litigation matters relating to the contract are closed, or until expiration of the records retention period
prescribed by Florida law or the records retention schedules adopted by the Division of Library and Information Services of the Florida Department of State, whichever
is later.
5.13 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his/her/its own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to
comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract.
5.14 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would
apply to this contract.
NON-DISCRIMINATION: The Contractor shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color,
national origin, age, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, marital status, or any other protected classification as
defined by applicable law.
1. The Contractor certifies and represents that the Contractor will comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida, (2019), as
may be amended or revised, (“Section 2-187”), during the entire term of this Agreement.
2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement, entitling the City to pursue any remedy
stated below or any remedy provided under applicable law.
3. The City may terminate this Agreement if the Contractor fails to comply with Section 2-187.
4. The City may retain all monies due or to become due until the Contractor complies with Section 2-187.
5. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in section 2-183 of the Code of
Ordinances of the City of Fort Lauderdale, Florida.
Rev. 2/2020 Page 4
5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap,
unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor’s cost in
providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The
circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to
accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the
City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options:
1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor
shall fill all City requirements submitted to the Contractor until the termination date contained in the notice.
2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non-adjusted) cost until the termination of the contract term then
in effect.
3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve
Contractor of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under
law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying Contractor from receiving any business from
the City for a stated period of time.
If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person
authorized to bind the City in such matters.
5.16 ELIGIBILITY: If applicable, the Contractor must first register with the Florida Department of State in accordance with Florida Statutes, prior to entering into a
contract with the City.
5.17 PATENTS AND ROYALTIES: The Contractor, without exception, shall defend, indemnify, and hold harmless the City and the City’s employees, officers, employees,
volunteers, and agents from and against liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un-patented invention,
process, or article manufactured or used in the performance of the contract, including their use by the City. If the Contractor uses any design, device, or materials covered by
letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs arising from the use of such
design, device, or materials in any way involved in the work.
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 31
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CAM 21-0674
Exhibit 3
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5.18 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued
pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Commission or the City
Manager or City Manager’s designee, depending on original award approval.
5.19 GOVERNING LAW; VENUE: The Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any lawsuit by
either party against the other party or otherwise arising out of the Contract, and for any other legal proceeding, shall be in the courts in and for Broward County,
Florida, or in the event of federal jurisdiction, in the Southern District of Florida.
5.20 PUBLIC RECORDS:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT
PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK’S
OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301.
Contractor shall comply with public records laws, and Contractor shall:
1. Keep and maintain public records required by the City to perform the service.
2. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2019), as may be amended or revised, or as otherwise
provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City.
4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the
City.
Rev. 2/2020 Page 5
Bid 12525-312City of Fort Lauderdale
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NON-COLLUSION STATEMENT:
By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of
Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the
vendor's business, who is in a position to influence this procurement.
Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to
award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this
procurement.
For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any
business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor.
In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3,
3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members
hold a controlling financial interest (e.g. ownership of five (5) percent or more).
3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general
rules.
Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of
the City Procurement Code.
NAME RELATIONSHIPS
In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such
relationships exist.
Authorized Signature Title
Name (Printed)Date
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 33
Cristhianne Munguia 6/8/21
Bid Coordinator
12525-312City of Fort Lauderdale
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CAM 21-0674
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CONTRACT PAYMENT METHOD
The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes
how payments are remitted to its vendors. The City has transitioned from traditional paper checks to
credit card payments via MasterCard or Visa as part of this program.
This allows you as a vendor of the City of Fort Lauderdale to receive your payments fast and safely. No
more waiting for checks to be printed and mailed.
In accordance with the contract, payments on this contract will be made utilizing the City’s P-Card
(MasterCard or Visa). Accordingly, bidders must presently have the ability to accept these credit cards
or take whatever steps necessary to implement acceptance of a card before the start of the contract
term, or contract award by the City.
All costs associated with the Contractor’s participation in this purchasing program shall be borne by the
Contractor. The City reserves the right to revise this program as necessary.
By signing below you agree with these terms.
Please indicate which credit card payment you prefer:
MasterCard
Visa
Company Name
Name (Printed)Signature
Date Title
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 34
Allied Universal Corporation
Cristhianne Munguia
6/8/21 Bid Coordinator
12525-312City of Fort Lauderdale
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CAM 21-0674
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BID/PROPOSAL CERTIFICATION
Please Note: It is the sole responsibility of the bidder to ensure that his bid is submitted electronically through
www.BidSync.com prior to the bid opening date and time listed. Paper bid submittals will not be accepted. All fields below
must be completed. If the field does not apply to you, please note N/A in that field.
If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state,
in accordance with Florida Statute §607.1501 (visit http://www.dos.state.fl.us/).
________________________________________________________________________________________________
Company: (Legal Registration) EIN (Optional):
Address:
City: State: Zip:
Telephone No.: FAX No.: Email:
________________________________________________________________________________________________
Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions):
Total Bid Discount (section 1.05 of General Conditions):
Check box if your firm qualifies for MBE / SBE / WBE (section 1.09 of General Conditions):
________________________________________________________________________________________________
ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are
included in the proposal:
Addendum No.Date Issued Addendum No.Date Issued Addendum No.Date Issued
________________________________________________________________________________________________
VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in
this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space
provided below all variances contained on other pages within your response. Additional pages may be attached if necessary.
No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the
space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement
is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If
you do not have variances, simply mark N/A. You must also click the “Take Exception” button.
________________________________________________________________________________________________
The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all
instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal.
I have read all attachments including the specifications and fully understand what is required. By submitting this signed
proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications
of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in
no event shall the City’s liability for respondent’s direct, indirect, incidental, consequential, special or exemplary damages,
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 35
Allied Universal Corporatoin
3901 NW 115 Avenue
Miami FL 33178
305-888-2623 Ext. 0125
786-522-0215 Bids@Allieduniversal.com
14
N/A
1 6/11/21
N/A
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 39
CAM 21-0674
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expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid
conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars
($500.00). This limitation shall not apply to claims arising under any provision of indemnification or the City’s protest ordinance
contained in this competitive solicitation.
Submitted by:
Name (printed)Signature
Date Title
Revised 4/28/2020
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 36
Cristhianne Munguia
Bid Coordinator6/23/21
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 40
CAM 21-0674
Exhibit 3
Page 93 of 136
Question and Answers for Bid #12525-312 - Sodium Hypochlorite (CO-OP)
Overall Bid Questions
There are no questions associated with this bid.
Question Deadline: Jun 21, 2021 5:00:00 PM EDT
Bid 12525-312City of Fort Lauderdale
6/8/2021 2:13 PM p. 37
12525-312City of Fort Lauderdale
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Exhibit 3
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12525-312City of Fort Lauderdale
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Corporate Office
3901 NW 115 Avenue
Miami, Florida 33178
305-888-2623 office
305-463-8369 fax
8350 NW 93 Street
Miami, Florida 33166
AUC - 305-888-2623
9501 Rangeline Road
Ft. Pierce, Florida 34987
AUC - 772-464-6195
5215 W. Tyson Avenue
Tampa, Florida 33611
CFI - 813-832-4868
14770 Old Saint Augustine Road
Jacksonville, FL 32207
AUC - 904-619-6180
30 Neil Gunn Drive
Ellisville, MS 39437
AUC - 601-477-2550
204 SCM Road
Brunswick, GA 31525
AUC - 912-267-9470
9545 Rangeline Road
Ft. Pierce, Florida 34987
ANT 1 - 772-464-6195
2815 Inland Transport St.
Palmetto, Florida 34221
ANT 2
R E F E R E N C E S
S O D IU M H Y P O C H L O R IT E
M I A M I D A D E W AT E R & S E W E R
7 0 0 W E S T 2 N D A V E .
H I A L E A H , F L 3 3 0 11
J O N H A N S E N
7 8 6 - 2 3 6 - 7 6 2 5 / C E L L
3 0 5 - 8 0 5 - 1 6 2 0 FA X
J O N .H A N S E N @ M I A M I D A D E .G O V
C I T Y O F N E W P O R T R I C H E Y
4 7 3 0 N . M A I N S T R E E T
N E W P O R T R I C H E Y , F L 3 4 6 5 2
R O G E R G O D D W I N
O P E R AT I O N S M A N A G E R
7 2 7 - 8 4 1 - 4 5 6 8
G O O D W I N R @ C I T Y O F N E W P O R T R I C H E Y .O R G
C I T Y O F F T . M Y E R S
H E AT H L A U F E N B E R G
P L A N T S U P E R I N T E N D E N T
1 5 0 1 R A L E I G H S T R E E T
F O R T M Y E R S , F L 3 39 0 2
2 3 9 - 3 2 1 - 7 5 7 4
H L A U F E N B E R G @ C I T Y F T M Y E R S .C O M
C I T Y O F S U N R I S E
1 4 1 0 0 SW 8 S T R E E T
S U N R I S E , F L 3 3 3 2 5
D O U G H K E RW I N
C H I E F O P E R AT O R O F U T I L I T I E S A D M I N I S T R AT I O N
9 5 4 - 8 4 6 - 7 4 0 0
D K E RW I N @ S U N R I S E F L .G O V
12525-312City of Fort Lauderdale
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SAFETY DATA SHEET
1. Identification
Product identifier
Other means of identification
SDS number
Synonyms
Recommended use
Sodium Hypochlorite, 10-15% Solution
AUC-004
Aqua Guard Chlorinating Santizier * Aqua Guard Bleach * Aqua Guard Sodium Hypochlorite
10.5% * Aqua Guard Sodium Hypochlorite 12.5% * Sodium Hypochlorite * Liquid Bleach * Bleach *
Hypo
Swimming pool chemical, hard surface cleaner, water treatment, bleaching, textiles, cooling
towers, laudry sanitizer and agricultural/ aquacultural purposes
Recommended restrictions None known.
Manufacturer/Importer/Supplier/Distributor information
Manufacturer
Allied Universal Corporation
Address 3901 N.W. 115th Avenue
Company name
Contact person
Website
Telephone General:1-305-888-2623
24-Hour alert:1-786-522-0207
Emergency phone number CHEMTREC 1-800-424-9300 (US/Canada)
+01 703-527-3887 (International)
Operations Department
E-mail
United States
www.allieduniversal.com
Not available.
Miami, FL 33178
Supplier Refer to Manufacturer
2. Hazard(s) identification
Category 1Corrosive to metalsPhysical hazards
Category 1Skin corrosion/irritationHealth hazards
Category 1Serious eye damage/eye irritation
Environmental hazards
Specific target organ toxicity, single exposure Category 3 respiratory tract irritation
This mixture does not meet the classification criteria according to OSHA HazCom 2012.
This mixture does not meet the classification criteria according to OSHA HazCom 2012.OSHA defined hazards
Label elements
Signal word
Hazard statement
Precautionary statement
Prevention
Danger
May be corrosive to metals. Causes severe skin burns and eye damage. Causes serious eye
damage. May cause respiratory irritation.
Keep only in original container. Do not breathe mist. Wash thoroughly after handling. Use onlyoutdoors or in a well-ventilated area.
Wear protective gloves/clothing and eye/face protection.
1 / 10
Material name: Sodium Hypochlorite, 10-15% Solution
AUC-004 Version #: 04 Issue date: 12-03-2020
SDS US
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Response IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. If on skin (or hair): Take off
immediately all contaminated clothing. Rinse skin with water/shower. If inhaled: Remove person
to fresh air and keep comfortable for breathing. If in eyes: Rinse cautiously with water for several
minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a
POISON CENTER or doctor/physician. Specific treatment (see this label). Wash contaminated
clothing before reuse.
Storage Store locked up. Store in a well-ventilated place. Keep container tightly closed. Store in corrosive
resistant container with a resistant inner liner.
Disposal Dispose of contents/container in accordance with local/regional/national/international regulations.
Hazard(s) not otherwise
classified (HNOC)
No OSHA defined hazard classes.
Other hazards which do not result in classification: Contact with most acids may liberate and toxic
gas. Chronic skin contact with low concentrations may cause dermatitis.
Supplemental information None.
3. Composition/information on ingredients
Mixtures
CAS number %Chemical name Common name and synonyms
HYPOCHLORITE SOLUTION 7681-52-9Sodium Hypochlorite 10-15.5
Other components below reportable levels 80-90
Caustic soda
Lye
Soda lye
1310-73-2Sodium hydroxide 1-5
*Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret.
4. First-aid measures
Inhalation Remove victim to fresh air and keep at rest in a position comfortable for breathing. If breathing
stops, provide artificial respiration. Induce artificial respiration with the aid of a pocket mask
equipped with a one-way valve or other proper respiratory medical device. If breathing is difficult,
trained personnel should give oxygen. Call a physician or poison control center immediately.
Skin contact Immediately flush skin with running water for at least 20 minutes. Take off immediately all
contaminated clothing. Take off immediately all contaminated clothing. Call a physician or poison
control center immediately. Chemical burns must be treated by a physician. Wash contaminated
clothing before reuse. Cover wound with sterile dressing. Do not rub area of contact. Leather and
shoes that have been contaminated with the solution may need to be destroyed.
Eye contact Immediately flush eyes with plenty of water for at least 15-20 minutes. Remove contact lenses, if
present, after the first 5 minutes, then continue rinsing for 10-15 minutes. Call a physician or poison
control center immediately. Take care not to rinse contaminated water into the unaffected eye or
onto the face.
Ingestion Call a physician or poison control center immediately. Rinse mouth. If swallowed: Rinse mouth. Do
NOT induce vomiting. Never give anything by mouth to a victim who is unconscious or is having
convulsions. Do not induce vomiting. If vomiting occurs, keep head low so that stomach content
doesn't get into the lungs.
Most important
symptoms/effects, acute and
delayed
Corrosive to the eyes and may cause severe damage including blindness. Symptoms may include
stinging, tearing, redness, swelling, and blurred vision. Direct skin contact may cause corrosive
skin burns, deep ulcerations and possibly permanent scarring. Can cause severe respiratory
irritation. Symptoms may include coughing, choking and wheezing. Inhalation could result in
pulmonary edema (fluid accumulation). Symptoms of pulmonary edema (chest pain, shortness of
breath) may be delayed. May cause severe irritation and corrosive damage in the mouth, throat
and stomach. Symptoms may include abdominal pain, vomiting, burns, perforations, bleeding and
eventually death.
Indication of immediate
medical attention and special
treatment needed
Immediate medical attention is required. Causes chemical burns. Treat symptomatically.
General information Ensure that medical personnel are aware of the material(s) involved, and take precautions to
protect themselves.
5. Fire-fighting measures
Suitable extinguishing media Water fog. Foam. Dry chemical powder. Carbon dioxide (CO2). Use media suitable to the
surrounding fire such as water fog or fine spray, alcohol foams, carbon dioxide. Use water with
caution. Contact with water will generate considerable heat.
2 / 10
Material name: Sodium Hypochlorite, 10-15% Solution
AUC-004 Version #: 04 Issue date: 12-03-2020
SDS US
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Unsuitable extinguishing
media
Do not use water jet as an extinguisher, as this will spread the fire. Do not use dry chemical
extinguishing agents. Maleic anhydride may react with the basic sodium compounds. Use
chemical extinguishing agents with caution. Some chemical extinguishing agents may react with
this material.
Specific hazards arising from
the chemical
Not considered flammable. Vapors are heavier than air and may spread along floors. Contact with
most metals will generate flammable hydrogen gas. Contact with water will generate considerable
heat. Reacts violently with a wide variety of organic and inorganic chemicals including alcohol,
carbides, chlorates, picrates, nitrates and metals. Toxic fumes, gases or vapours may evolve on
burning.
Special protective equipment
and precautions for firefighters
Firefighters should wear proper protective equipment and self-contained breathing apparatus with
full face piece operated in positive pressure mode. A full-body chemical resistant suit should be
worn.
Fire fighting
equipment/instructions
Fight fire with normal precautions from a reasonable distance. Evacuate the area promptly. Move
containers from fire area if you can do so without risk. Use water spray to cool unopened
containers. Do not allow run-off from fire fighting to enter drains or water courses. Dike for water
control.
Specific methods Use standard firefighting procedures and consider the hazards of other involved materials.
General fire hazards Vapors are heavier than air and may spread along floors.
Hazardous combustion
products
Hydrogen gas. Hydrogen chloride. Chlorine. Oxygen. Sodium oxides.
6. Accidental release measures
Personal precautions,
protective equipment and
emergency procedures
Immediately evacuate personnel to safe areas. Keep unnecessary personnel away. Keep people
away from and upwind of spill/leak. Keep out of low areas. Wear appropriate protective equipment
and clothing during clean-up. Do not breathe mist or vapor. Do not touch damaged containers or
spilled material unless wearing appropriate protective clothing. Ventilate closed spaces before
entering them. Local authorities should be advised if significant spillages cannot be contained. For
personal protection, see section 8 of the SDS.
Methods and materials for
containment and cleaning up
Ventilate the area. Remove sources of ignition. Stop leak if you can do so without risk. Absorb
spillage to prevent material damage. Use a non-combustible material like vermiculite, sand or
earth to soak up the product and place into a container for later disposal. Use water spray to
reduce vapors or divert vapor cloud drift. Prevent entry into waterways, sewer, basements or
confined areas. Remove with vacuum trucks or pump to storage/salvage vessels. Contain and
absorb spilled liquid with non-combustible, inert absorbent material (e.g. sand). Small spills can be
neutralized by covering with a reducing agent, such as Sodium thiosulfate or Sodium sulphite. If
not recoverable, dilute with water or flush to holding area and neutralize.
Never return spills to original containers for re-use. Contact the proper local authorities.
Contaminated absorbent material may pose the same hazards as the spilled product. For waste
disposal, see Section 13.
Environmental precautions Contact local authorities in case of spillage to drain/aquatic environment. Avoid discharge into
drains, water courses or onto the ground.
7. Handling and storage
Precautions for safe handling Use only outdoors or in a well-ventilated area. Wear protective gloves/clothing and eye/face
protection. Label containers appropriately. When using, do not eat, drink or smoke. Do not taste or
swallow. Do not get in eyes, on skin, on clothing. Wash thoroughly after handling. Observe good
industrial hygiene practices.
Conditions for safe storage,
including any incompatibilities
Store locked up. Storage area should be clearly identified, clear of obstruction and accessible only
to trained and authorized personnel. Avoid ultraviolet (UV) light sources. Inspect periodically for
damage or leaks. Store in corrosive resistant container with a resistant inner liner. Store in original
tightly closed container. Keep container tightly closed. Store in a well-ventilated place. Store away
from and do not mix with incompatible materials such as acids, oxidizers, organics, reducing
agents and all metals except titanium. Keep away from food, drink and animal feedingstuffs.
8. Exposure controls/personal protection
Occupational exposure limits
US. OSHA Table Z-1 Limits for Air Contaminants (29 CFR 1910.1000)
ValueComponentsType
PEL 2 mg/m3Sodium hydroxide (CAS
1310-73-2)
3 / 10
Material name: Sodium Hypochlorite, 10-15% Solution
AUC-004 Version #: 04 Issue date: 12-03-2020
SDS US
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US. ACGIH Threshold Limit Values
ValueComponentsType
Ceiling 2 mg/m3Sodium hydroxide (CAS
1310-73-2)
US. NIOSH: Pocket Guide to Chemical Hazards
ValueComponentsType
Ceiling 2 mg/m3Sodium hydroxide (CAS
1310-73-2)
US. Workplace Environmental Exposure Level (WEEL) Guides
ValueComponentsType
STEL 2 mg/m3SODIUM HYPOCHLORITE
(CAS 7681-52-9)
Biological limit values No biological exposure limits noted for the ingredient(s).
Appropriate engineering
controls
Good general ventilation (typically 10 air changes per hour) should be used. Ventilation rates
should be matched to conditions. If applicable, use process enclosures, local exhaust ventilation,
or other engineering controls to maintain airborne levels below recommended exposure limits. If
exposure limits have not been established, maintain airborne levels to an acceptable level. Eye
wash facilities and emergency shower must be available when handling this product.
Individual protection measures, such as personal protective equipment
Eye/face protection
Skin protection
Hand protection
Other
Respiratory protection
Thermal hazards
General hygiene
considerations
Chemical goggles and face shield are recommended. Eye wash facilities and emergency shower
must be available when handling this product.
Wear appropriate chemical-resistant gloves. Advice should be sought from glove suppliers.
Where contact is likely, wear chemical-resistant gloves, chemical protective clothing, rubber boots,
and chemical safety goggles plus a face shield. Use of an impervious apron is recommended.
Respiratory protection should be worn when there is a potential to exceed the exposure limit
requirements or guidelines. If there are no applicable exposure limit requirements or guidelines,
wear respiratory protection when adverse effects, such as respiratory irritation or discomfort have
been experienced, or where indicated by your risk assessment process. For most conditions no
respiratory protection should be needed; however, if discomfort is experienced, use an approved
air-purifying respirator. The following should be effective types of air-purifying respirators:
Particulate filter.
Wear appropriate thermal protective clothing, when necessary.
When using, do not eat, drink or smoke. Do not breathe mist. Avoid contact with eyes, skin and
clothing. Upon completion of work, wash hands before eating, drinking, smoking or use of toilet
facilities. Remove soiled clothing and wash it thoroughly before reuse.
9.Physical and chemical properties
Appearance
Physical state
Form
Color
Clear yellow/green liquid.
Liquid.
Liquid.
Clear to yellow/green.
Pungent. Chlorine-like.
Not available.
11 - 13
-150 °F (-101.11 °C)
> 212 °F (> 100 °C)
Not Applicable
Odor
Odor threshold
pH
Melting point/freezing point
Initial boiling point and boiling
range
Flash point
Evaporation rate
Flammability (solid, gas)
Not available.
Not applicable.
Upper/lower flammability or explosive limits
Not ApplicableFlammability limit - lower
(%)
Flammability limit - lower
(%) temperature Not Applicable
4 / 10
Material name: Sodium Hypchlorite, 10-15% Solution
AUC-004 Version #: 04 Issue date: 12-03-2020
SDS US
12525-312City of Fort Lauderdale
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CAM 21-0674
Exhibit 3
Page 117 of 136
Flammability limit - upper
(%)
Not Applicable
Flammability limit - upper
(%) temperature
Not Applicable
Explosive limit - lower (%)Not available.
Explosive limit - upper (%)Not available.
Vapor pressure 12 mm Hg
Vapor density Not available.
Relative density Not available.
Solubility(ies)
Solubility (water)Soluble
Partition coefficient
(n-octanol/water)
Not available.
Auto-ignition temperature Not available.
Decomposition temperature Not available.
Viscosity Not available.
Other information
Density 1.18 g/cm3
Molecular formula NaOCI
Molecular weight
Specific gravity
10. Stability and reactivity
Reactivity
Chemical stability
Possibility of hazardous
reactions
Conditions to avoid
Incompatible materials
Hazardous decomposition
products
74.4
1.165-1.23
Contact with most metals will generate flammable hydrogen gas. Contact with water will generate
considerable heat. Reacts with amines and ammonia compounds to form explosively unstable
compounds. May be corrosive to metals. May be corrosive to: Aluminum. Stainless steel. Carbon
steel. Copper. Bronze
Material is stable under normal conditions.
Reacts vigorously or violently with many organic and inorganic chemicals such as: acids, acrolein,
acrylonitrile, chlorinated hydrocarbons (e.g. 1,2 dichloroethylene), chlorine dioxide, maleic
anhydride, nitroethane, nitroparaffins, 2-nitrophenol, nitropropane, phosphorus, potassium
persulfate, and tetrahydrofuran (containing peroxides).
Direct sources of heat. Avoid high temperatures. Direct sunlight. Avoid contact with incompatiblematerials. Do not use in areas without adequate ventilation. Do not allow evaporation to dryness.
Metals. Strong oxidizing agents. Acids. Amines. Ammonia. Reducing agents. Nitrites. Organic
compounds.
None known, refer to hazardous combustion products in Section 5.
In the event of fire the following can be released: Chlorine. Sodium chlorate.
11. Toxicological information
Information on likely routes of exposure
Inhalation Prolonged inhalation may be harmful. May cause irritation to the respiratory system. May cause
severe irritation to the nose, throat, and respiratory tract.
Skin contact Causes severe skin burns.
Eye contact Causes serious eye damage.
Ingestion Causes digestive tract burns. Ingestion may cause severe irritation of the mouth, the esophagus
and the gastrointestinal tract.
Most important
symptoms/effects, acute and
delayed
Corrosive to the eyes and may cause severe damage including blindness. Symptoms may include
stinging, tearing, redness, swelling, and blurred vision. Direct skin contact may cause corrosive
skin burns, deep ulcerations and possibly permanent scarring. Can cause severe respiratory
irritation. Symptoms may include coughing, choking and wheezing. Inhalation could result in
pulmonary edema (fluid accumulation). Symptoms of pulmonary edema (chest pain, shortness of
breath) may be delayed. May cause severe irritation and corrosive damage in the mouth, throat
and stomach. Symptoms may include abdominal pain, vomiting, burns, perforations, bleeding and
eventually death.
Information on toxicological effects
5 / 10
Material name: Sodium Hypochlorite, 10-15% Solution
AUC-004 Version #: 04 Issue date: 12-03-2020
SDS US
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CAM 21-0674
Exhibit 3
Page 118 of 136
Acute toxicity Not expected to be hazardous by OSHA criteria. There is no available data for the product itself,
only for the ingredients. See data for individual ingredient acute toxicity data.
Test ResultsComponentsSpecies
Sodium hydroxide (CAS 1310-73-2)
LD50 Rabbit
Dermal
Acute
No Data in Literature
LC50 Rat
Inhalation
No Data in Literature
LD50 Rat
Oral
No Data in Literature
Sodium Hypochlorite (CAS 7681-52-9)
LD50 Rabbit
Dermal
Acute
> 10000 mg/kg
LC50 Rat
Inhalation
> 5.25 mg/l/4h
LD50 Rat
Oral
8910 mg/kg
Skin corrosion/irritation Hazardous by OSHA criteria.
Causes severe skin burns. Causes severe skin burns and eye damage. Skin corrosion/irritation -
Category 1.
Serious eye damage/eye
irritation
Hazardous by OSHA criteria.
Causes serious eye damage. Serious eye damage/eye irritation - Category 1
Respiratory or skin sensitization
Respiratory sensitization Not expected to be a respiratory sensitizer.
Skin sensitizer Not expected to be hazardous by OSHA criteria. Not expected to be a skin sensitizer.
May cause an allergic skin reaction (e.g. hives, rash) in some hypersensitive individuals.
Germ cell mutagenicity Not expected to be mutagenic.
Carcinogenicity This product is not considered to be a carcinogen by IARC, ACGIH, NTP, or OSHA.
IARC Monographs. Overall Evaluation of Carcinogenicity
Sodium Hypochlorite (CAS 7681-52-9)3 Not classifiable as to carcinogenicity to humans.
OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050)
Not listed.
Reproductive toxicity This product is not expected to cause reproductive or developmental effects.
Specific target organ toxicity -
single exposure
Hazardous by OSHA criteria.
May cause respiratory irritation. Specific Target Organ Toxicity (STOT), Single Exposure,
Category 3.
Specific target organ toxicity -
repeated exposure
Not classified as a specific target organ toxicity -repeated exposure.
Aspiration toxicity Not expected to be an aspiration hazard.
Chronic effects Prolonged inhalation may be harmful. Chronic skin contact with low concentrations may cause
dermatitis.
12. Ecological information
Ecotoxicity Toxic to aquatic life.
Components Test ResultsSpecies
Sodium hydroxide (CAS 1310-73-2)
Aquatic
Acute
EC50Crustacea 40 mg/l, 48 hoursWater flea (Ceriodaphnia dubia)
6 / 10
Material name: Sodium Hypochlorite, 10-15% Solution
AUC-004 Version #: 04 Issue date: 12-03-2020
SDS US
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BidSync7/1/2021 p. 66
CAM 21-0674
Exhibit 3
Page 119 of 136
Components Test ResultsSpecies
LC50Fish 125 mg/l, 96 hoursWestern mosquitofish (Gambusia affinis)
Sodium Hypochlorite (CAS 7681-52-9)
Aquatic
Acute
EC50Crustacea 0.169 mg/l, 48 hoursWater flea (Daphnia magna)
LC50Fish 0.58 mg/l, 96 hoursBluegill (Lepomis macrochirus)
Persistence and degradability Biodegradation is not applicable to inorganic substances.
Bioaccumulative potential No accumulation in living organisms is expected due to high solubility and dissociation properties.
Mobility in soil High water solubility indicates a high mobility in soil.
Other adverse effects No other adverse environmental effects (e.g. ozone depletion, photochemical ozone creation
potential, endocrine disruption, global warming potential) are expected from this component.
13. Disposal considerations
Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose of
contents/container in accordance with local/regional/national/international regulations.
Local disposal regulations Dispose in accordance with all applicable regulations.
Hazardous waste code The waste code should be assigned in discussion between the user, the producer and the waste
disposal company.
Waste from residues / unused
products
Dispose of in accordance with local regulations. Empty containers or liners may retain some
product residues. This material and its container must be disposed of in a safe manner (see:
Disposal instructions).
Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal.
Since emptied containers may retain product residue, follow label warnings even after container is
emptied.
14. Transport information
DOT
UN1791UN number
HYPOCHLORITE SOLTUTIONS ( RQ = 100)UN proper shipping name
8Class
Transport hazard class(es)
-Subsidiary risk
8Label(s)
IIIPacking group
YesMarine pollutant
Environmental hazards
Read safety instructions, SDS and emergency procedures before handling.Special precautions for user
IB3, N34, T4, TP2, TP24Special provisions
154Packaging exceptions
203Packaging non bulk
241Packaging bulk
This product does meet the definition of a marine pollutant as described in 49 CFR section 171.8.
IATA
UN1791UN number
HYPOCHLORITE SOLUTIONUN proper shipping name
8Class
Transport hazard class(es)
-Subsidiary risk
IIIPacking group
NOEnvironmental hazards
8LERG Code
Read safety instructions, SDS and emergency procedures before handling.Special precautions for user
Allowed.Passenger and cargo
aircraft
Other information
Allowed.Cargo aircraft only
7 / 10
Material name: Sodium Hypochlorite, 10-15% Solution
AUC-004 Version #: 04 Issue date: 12-03-2020
SDS US
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CAM 21-0674
Exhibit 3
Page 120 of 136
IMDG
UN1791UN number
HYPOCHLORITE SOLUTIONUN proper shipping name
8Class
Transport hazard class(es)
-Subsidiary risk
IIIPacking group
No.Marine pollutant
Environmental hazards
F-A, S-BEmS
Read safety instructions, SDS and emergency procedures before handling.Special precautions for user
Not available.Transport in bulk according to
Annex II of MARPOL 73/78 and
the IBC Code
DOT
IATA; IMDG
Marine pollutant
15. Regulatory information
US federal regulations This product is a "Hazardous Chemical" as defined by the OSHA Hazard Communication
Standard, 29 CFR 1910.1200.
All components are on the U.S. EPA TSCA Inventory List.
TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D)
Not regulated.
CERCLA Hazardous Substance List (40 CFR 302.4)
Sodium hydroxide (CAS 1310-73-2)Listed.
Sodium Hypochlorite (CAS 7681-52-9)Listed.
SARA 304 Emergency release notification
Not regulated.
8 / 10
Material name: Sodium Hypochlorite, 10-15% Solution
AUC-004 Version #: 04 Issue date: 12-03-2020
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BidSync7/1/2021 p. 68
CAM 21-0674
Exhibit 3
Page 121 of 136
OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050)
Not listed.
Superfund Amendments and Reauthorization Act of 1986 (SARA)
Hazard categories Immediate Hazard - Yes
Delayed Hazard - No
Fire Hazard - No
Pressure Hazard - No
Reactivity Hazard - No
SARA 302 Extremely hazardous substance
Not listed.
SARA 311/312 Hazardous
chemical
Yes
SARA 313 (TRI reporting)
Not regulated.
Other federal regulations
Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPs) List
Not regulated.
Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130)
Not regulated.
Safe Drinking Water Act
(SDWA)
Not regulated.
US state regulations
US. California Controlled Substances. CA Department of Justice (California Health and Safety Code Section 11100)
Not listed.
US. Massachusetts RTK - Substance List
Sodium hydroxide (CAS 1310-73-2)
Sodium Hypochlorite (CAS 7681-52-9)
US. New Jersey Worker and Community Right-to-Know Act
Sodium hydroxide (CAS 1310-73-2)
Sodium Hypochlorite (CAS 7681-52-9)
US. Pennsylvania Worker and Community Right-to-Know Law
Sodium hydroxide (CAS 1310-73-2)
Sodium Hypochlorite (CAS 7681-52-9)
US. Rhode Island RTK
Sodium hydroxide (CAS 1310-73-2)
Sodium Hypochlorite (CAS 7681-52-9)
US. California Proposition 65
California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): This material is not known to contain
any chemicals currently listed as carcinogens or reproductive toxins.
International Inventories
Country(s) or region Inventory name On inventory (yes/no)*
YesAustraliaAustralian Inventory of Chemical Substances (AICS)
YesCanadaDomestic Substances List (DSL)
NoCanadaNon-Domestic Substances List (NDSL)
YesChinaInventory of Existing Chemical Substances in China (IECSC)
YesEuropeEuropean Inventory of Existing Commercial Chemical
Substances (EINECS)
NoEuropeEuropean List of Notified Chemical Substances (ELINCS)
YesJapanInventory of Existing and New Chemical Substances (ENCS)
YesKoreaExisting Chemicals List (ECL)
YesNew Zealand New Zealand Inventory
YesPhilippinesPhilippine Inventory of Chemicals and Chemical Substances
(PICCS)
9 / 10
Material name: Sodium Hypochlorite, 10-15% Solution
AUC-004 Version #: 04 Issue date: 12-03-2020
SDS US
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BidSync7/1/2021 p. 69
CAM 21-0674
Exhibit 3
Page 122 of 136
Country(s) or region Inventory name On inventory (yes/no)*
YesUnited States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory
*A "Yes" indicates that all components of this product comply with the inventory requirements administered by the governing country(s)
A "No" indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing
country(s).
16. Other information, including date of preparation or last revision
12-03-2020
04
Issue date
Version #
HMIS
NFPA
List of abbreviations
ACGIH: American Conference of Governmental Industrial Hygienists
CAS: Chemical Abstract Services
CERCLA: Comprehensive Environmental Response, Compensation and Liability Act of 1980
CFR: Code of Federal Regulations
DOT: Department of Transportation
DSL: Domestic Substance List
EC: European Community
EINECS: European Inventory of Existing Commercial chemical Substances
EPA: Environmental Protection Agency
EPCRA: Emergency Planning and Community Right-to-Know Act
HSDB® - Hazardous Substances Data Bank
IARC: International Agency for Research on Cancer
IATA: International Air Transport Association
IBC: Intermediate Bulk Container
IMDG: International Maritime Dangerous Goods
LC: Lethal Concentration
LD: Lethal Dose
NOEC: No observable effect concentration
NTP: National Toxicology Program
OECD: Organisation for Economic Cooperation and Development
OSHA: Occupational Safety and Health Administration
PPE: Personal Protective Equipment
RCRA: Resource Conservation and Recovery Act
RTECS: Registry of Toxic Effects of Chemical Substances
SARA: Superfund Amendments and Reauthorization Act
SDS: Safety Data Sheet
STEL: Short Term Exposure Limit
TLV: Threshold Limit Values
TWA: Time Weighted Average
Disclaimer
Prepared by: ICC The Compliance Center Inc. 1-888-442-9628
http://www.thecompliancecenter.com
Disclaimer
This Safety Data Sheet was prepared by ICC The Compliance Center Inc. using information
provided by / obtained from Allied Universal Corporation and CCOHS’ Web Information Service.
The information in the Safety Data Sheet is offered for your consideration and guidance when
exposed to this product. ICC The Compliance Center Inc. and Allied Universal Corporation
expressly disclaim all expressed or implied warranties and assume no responsibilities for the
accuracy or completeness of the data contained herein. The data in this SDS does not apply to
use with any other product or in any other process.
This Safety Data Sheet may not be changed, or altered in any way without the expressed
knowledge and permission of ICC The Compliance Center Inc. and Allied Universal Corporation
Bibliography Canadian Centre for Occupational Health and Safety, CCInfoWeb Databases, 2014
(Chempendium, RTECs, HSDB, INCHEM)
European Chemicals Bureau, Existing Chemicals Work Area, EINECS Information System, 2014.
Material Safety Data Sheet from manufacturer.
OECD - The Global Portal to Information on Chemical Substances - eChemPortal, 2014.
10 / 10
Material name: Sodium Hypochlorite, 10-15% Solution
AUC-004 Version #04 Issue date: 12-03-2020
SDS US
H: 3 F: 0 R: 1
H: 3 F: 0 R: 1
Maximum use level for Sodium hypochlorite under NSF/ANSI Standard 60 - Maximum use in
potable water is 84 mg/L for 12.5% bleach and 100 mg/L for 10.5% bleach.
12525-312City of Fort Lauderdale
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CAM 21-0674
Exhibit 3
Page 123 of 136
5
6
Bid #12006 -372 - Sodium Hypochlorite (CO -OP)
Creation Date Jul 19, 2017 End Date Aug 11, 2017 2:00:00 PM EDT
Start Date Jul 21, 2017 4:29:31 PM EDT Awarded Date Not Yet Awarded
12006 -372 --01 -01 Sodium Hypochlorite - Tanker Load
Supplier Unit Price Qty/Unit Total Price Attch.Docs
Allied Universal Corporation [Ad]First Offer - $0.498 2157356 / gallon $1,074,363.288 Y Y
Product Code:
Agency Notes:
Supplier Product Code:
Supplier Notes:
Odyssey Manufacturing Company First Offer - $0.522 2157356 / gallon $1,126,139.832 Y Y
Product Code:
Agency Notes:
Supplier Product Code:
Supplier Notes:
Brenntag Mid -South Inc. [Ad]First Offer - $0.69 2157356 / gallon $1,488,575.64 Y Y
Product Code:
Agency Notes:
Supplier Product Code: 813540
Supplier Notes:
12006 -372 --01 -02 Sodium hypochlorite - Less than tanker load
Supplier Unit Price Qty/Unit Total Price Attch.Docs
Allied Universal Corporation [Ad]First Offer - $0.548 180000 / gallon $98,640.00 Y Y
Product Code:
Agency Notes:
Supplier Product Code:
Supplier Notes:
Odyssey Manufacturing Company First Offer - $0.68 180000 / gallon $122,400.00 Y Y
Product Code:
Agency Notes:
Supplier Product Code:
Supplier Notes:
Brenntag Mid -South Inc. [Ad]First Offer - $0.72 180000 / gallon $129,600.00 Y
Product Code:
Agency Notes:
Supplier Product Code: 813540
Supplier Notes:
Supplier Totals
f Allied Universal Corporation [Ad]$1,173,003.288 (2/2 items)
Bid Contact Catherine Guillarmod
CristyM@allieduniversal.com
Ph 305 -888 -2623
Fax 786 -522 -0215
Address 3901 N.W. 115 Ave.
Miami, FL 33178
Supplier Code 00002648
Agency Notes:Supplier Notes:Head Attch:
f Odyssey Manufacturing Company $1,248,539.832 (2/2 items)
Bid Contact Patrick Allman
pallman@odysseymanufacturing.com
Ph 813 -635 -0339
Fax 813 -630 -2589
Address 1484 Massaro Blvd.
Tampa, FL 33619
Agency Notes:Supplier Notes:Head Attch:
f Brenntag Mid -South Inc. [Ad]$1,618,175.64 (2/2 items)
Bid Contact Stephanie Ubach
subach@brenntag.com
Ph 800 -876 -1727
Fax 407 -851 -3512
Address 250 Central Florida Parkway
Orlando, FL 32824
Agency Notes:Supplier Notes:Head
Attch:
**
12006-372City of Fort Lauderdale
BidSync8/11/2017 p. 1
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 71
CAM 21-0674
Exhibit 3
Page 124 of 136
5
6
Bid #12006 -372 - Sodium Hypochlorite (CO -OP)Creation Date Jul 19, 2017 End Date Aug 11, 2017 2:00:00 PM EDTStart Date Jul 21, 2017 4:29:31 PM EDT Awarded Date Not Yet Awarded12006-372 --01 -01 Sodium Hypochlorite - Tanker LoadSupplierUnit Price Qty/Unit Total Price Attch.DocsAllied Universal Corporation [Ad]First Offer - $0.498 2157356 / gallon $1,074,363.288 Y YProduct Code: Agency Notes:Supplier Product Code:Supplier Notes:Odyssey Manufacturing Company First Offer - $0.522 2157356 / gallon $1,126,139.832 Y YProduct Code: Agency Notes:Supplier Product Code:Supplier Notes:Brenntag Mid -South Inc. [Ad]First Offer - $0.69 2157356 / gallon $1,488,575.64 Y YProduct Code: Agency Notes:Supplier Product Code: 813540Supplier Notes:12006 -372 --01 -02 Sodium hypochlorite - Less than tanker loadSupplierUnit Price Qty/Unit Total Price Attch.DocsAllied Universal Corporation [Ad]First Offer - $0.548 180000 / gallon $98,640.00 Y YProduct Code: Agency Notes:Supplier Product Code:Supplier Notes:Odyssey Manufacturing Company First Offer - $0.68 180000 / gallon $122,400.00 Y YProduct Code: Agency Notes:Supplier Product Code:Supplier Notes:Brenntag Mid -South Inc. [Ad]First Offer - $0.72 180000 / gallon $129,600.00 YProduct Code: Agency Notes:Supplier Product Code: 813540Supplier Notes:Supplier Totalsf Allied Universal Corporation [Ad]$1,173,003.288 (2/2 items) Bid Contact Catherine Guillarmod CristyM@allieduniversal.com Ph 305 -888 -2623 Fax 786 -522 -0215 Address 3901 N.W. 115 Ave.Miami, FL 33178 Supplier Code 00002648Agency Notes:Supplier Notes:Head Attch:f Odyssey Manufacturing Company $1,248,539.832 (2/2 items) Bid Contact Patrick Allman pallman@odysseymanufacturing.com Ph 813 -635 -0339 Fax 813 -630 -2589 Address 1484 Massaro Blvd.Tampa, FL 33619 Agency Notes:Supplier Notes:Head Attch:f Brenntag Mid -South Inc. [Ad]$1,618,175.64 (2/2 items) Bid Contact Stephanie Ubach
subach@brenntag.com
Ph 800 -876 -1727
Fax 407 -851 -3512
Address 250 Central Florida Parkway
Orlando, FL 32824
Agency Notes:Supplier Notes:Head
Attch:
**
12006-372City of Fort Lauderdale
BidSync8/11/2017 p. 2
12525-312City of Fort Lauderdale
BidSync7/1/2021 p. 72
CAM 21-0674
Exhibit 3
Page 125 of 136
CITY OF FORT LAUDERDALE
GENERAL CONDITIONS
These instructions and conditions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division.
The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB) Special
Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB),
Request for Qualifications (RFQ), and Request for Proposal (RFP) are interchangeable.
PART I BIDDER PROPOSAL PAGE(S) CONDITIONS:
1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing
service, BidSync. Notices of Invitations to Bid (ITB’S) are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed (if applicable) to
every vendor on those lists, who may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are responsible
for registering with BidSync in order to view the bid documents. There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax,
please contact BidSync. If you wish purchase orders sent to a different address, please so indicate in your bid response. If you wish payments sent to a different
address, please so indicate on your invoice.
1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without
obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City.
1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a
detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a
detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor’s expense.
1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of
satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt
payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date
of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last.
1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit
prices bid and shall be considered in tabulation and award of bid.
1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a
period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB.
1.07 VARIANCES: For purposes of bid evaluation, Bidder’s must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions,
Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such
variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will
be assumed that the product or service fully complies with the City’s terms, conditions, and specifications.
By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any
bid contains material variances that, in the City’s sole opinion, make that bid conditional in nature, the City reserves the right to reject the bid or part of the bid that is
declared by the City as conditional.
1.08 NO BIDS: If you do not intend to bid please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications,
schedule would not permit, or any other reason, in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date and
time, indicated in this ITB, may result in your firm being deleted from our Bidder’s registration list for the Commodity Class Item requested in this ITB.
1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase
the participation of Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Small Business Enterprises (SBE) in its procurement activities. If
your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB.
Minority Business Enterprise (MBE) “A Minority Business” is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged
persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not
limited to: Blacks, Hispanics, Asian Americans, and Native Americans.
The term “Minority Business Enterprise” means a business at least 51 percent of which is owned by minority group members or, in the case of a publicly owned business, at
least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United
States who include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans.
Women Business Enterprise (WBE) a “Women Owned or Controlled Business” is a business enterprise at least 51 percent of which is owned by females or, in the case
of a publicly owned business, at least 51 percent of the stock of which is owned by females.
Small Business Enterprise (SBE) “Small Business” means a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a
profit, which is independently owned and operated, has either fewer than 100 employees or less than $1,000,000 in annual gross receipts.
BLACK, which includes persons having origins in any of the Black racial groups of Africa.
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WHITE, which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian.
HISPANIC, which includes persons of Mexican, Puerto Rican, Cuban, Central and South American, or other Spanish culture or origin, regardless of race.
NATIVE AMERICAN, which includes persons whose origins are American Indians, Eskimos, Aleuts, or Native Hawaiians.
ASIAN AMERICAN, which includes persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific
Islands.
1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION
It is the desire of the City of Fort Lauderdale to increase the participation of minority (MBE) and women-owned (WBE) businesses in its contracting and procurement
programs. While the City does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms. Proposers
are requested to include in their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are considering minority or
women owned enterprise participation in their proposal, those firms, and their specific duties have to be identified in the proposal. If a proposer is considered for
award, he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract.
1.11 SCRUTINIZED COMPANIES
As to any contract for goods or services of $1 million or more and as to the renewal of any contract for goods or services of $1 million or more, subject to Odebrecht
Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation, 715
F.3d 1268 (11th Cir. 2013), with regard to the “Cuba Amendment,” the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria, as provided in
section 287.135, Florida Statutes (2019), as may be amended or revised. As to any contract for goods or services of any amount and as to the renewal of any contract
for goods or services of any amount, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,
Florida Statutes (2019), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City’s option if the Contractor is found to have
submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2019), as may be amended or revised, or been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized
Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2019), or is engaged in a boycott of Israel, or has been engaged in business
operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2019), as may be amended or revised.
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1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS
The bidder or proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended
by any Federal department or agency.
Part II DEFINITIONS/ORDER OF PRECEDENCE:
2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders,
addenda and any other document used in the bidding process:
INVITATION TO BID (ITB) The solicitation document used for soliciting competitive sealed bids for goods or services.
INVITATION TO NEGOTIATE (ITN) All solicitation documents, regardless of medium, whether attached to or incorporated by reference in solicitations for responses
from firms that invite proposals from interested and qualified firms so the city may enter into negotiations with the firm(s) determined most capable of providing the
required goods or services.
REQUEST FOR PROPOSALS (RFP) A solicitation method used for soliciting competitive sealed proposals to determine the best value among proposals for goods or
services for which price may not be the prevailing factor in award of the contract, or the scope of work, specifications or contract terms and conditions may be difficult
to define. Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal using identified and generally weighted evaluation
criteria. RFPs may include price criteria whenever feasible, at the discretion of the city.
REQUEST FOR QUALIFICATIONS (RFQ) A solicitation method used for requesting statements of qualifications in order to determine the most qualified proposer
for professional services.
BID – a price and terms quote received in response to an ITB.
PROPOSAL – a proposal received in response to an RFP.
BIDDER – Person or firm submitting a Bid.
PROPOSER – Person or firm submitting a Proposal.
RESPONSIVE BIDDER – A firm who has submitted a bid, offer, quote, or response which conforms in all material respects to the competitive solicitation document
and all of its requirements.
RESPONSIBLE BIDDER – A firm who is fully capable of meeting all requirements of the solicitation and subsequent contract. The respondent must possess the full
capability, including financial and technical, ability, business judgment, experience, qualifications, facilities, equipment, integrity, capability, and reliability, in all
respects to perform fully the contract requirements and assure good faith performance as determined by the city.
FIRST RANKED PROPOSER – That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the
evaluation criteria contained in the RFP.
SELLER – Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City.
CONTRACTOR – Any firm having a contract with the city. Also referred to as a "Vendor".
CONTRACT – All types of agreements, including purchase orders, for procurement of supplies, services, and construction, regardless of what these agreements may
be called.
CONSULTANT – A firm providing professional services for the city.
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2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have
precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall
prevail in their entirety,
PART III BIDDING AND AWARD PROCEDURES:
3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified,
Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any
erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed, typewritten or filled in
with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a
particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send
bids via facsimile transmission (FAX) if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent
via FAX will be rejected. Bids will be publicly opened in the Procurement Office, or other designated area, in the presence of Bidders, the public, and City staff.
Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder’s and the public in
accordance with applicable regulations.
3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated
model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications,
Bidder shall provide adequate information to allow the City to determine if the model bid meets the City’s requirements.
3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the
amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns
goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or
items contained in the ITB with any other business with the City.
3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption number for EIN is
59-6000319, and State Sales tax exemption number is 85-8013875578C-1.
3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or
guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City’s needs as they arise.
3.06 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED
EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that
would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the
Bidder must state clearly in the bid any variance from those specifications. It is the Bidder’s responsibility to provide adequate information, in the bid, to enable the City to
ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the
item bid qualifies as an approved equal.
3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory,
or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the
Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the ITB, for
questions of a material nature, or prior to five (5) days before bid due and open date, whichever occurs first. If no such notification is received prior to that deadline,
the City will consider the technical specifications to be acceptable to all bidders.
3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions
pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract.
3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special
Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request.
Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty
(30) days of bid award at Bidder’s expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are
requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the
City may result in rejection of a bid.
Rev. 2/2020 Page 2
3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle
Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity, energy usage, environmental
impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use
and ownership.
3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Fort Lauderdale encourages Bidders to submit bids or
alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for
the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the
ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled.
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3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available
governmental contracts, if such action is in its best interest.
3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein.
The City reserves the right to inspect the Bidder’s facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine
Bidder’s ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform.
3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashier’s
check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after
acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as
stated in Special Conditions.
3.15 PUBLIC RECORDS/TRADE SECRETS/COPYRIGHT: The Proposer’s response to the RFP is a public record pursuant to Florida law, which is subject to
disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 (“Public Records Law”). The City shall permit public access to
all documents, papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP, subject to the provisions of Chapter
119.07 of the Florida Statutes.
Any language contained in the Proposer’s response to the RFP purporting to require confidentiality of any portion of the Proposer’s response to the RFP, except to the
extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information
to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Proposer shall clearly
designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being
claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer’s response to the RFP constitutes a
Trade Secret. The city’s determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the City and the
City’s officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. In
addition, the proposer agrees to defend, indemnify, and hold harmless the City and the City’s officers, employees, and agents, against any loss or damages incurred by
any person or entity as a result of the City’s treatment of records as exempt from disclosure or confidential. Proposals bearing copyright symbols or otherwise
purporting to be subject to copyright protection in full or in part may be rejected. The proposer authorizes the City to publish, copy, and reproduce any and all
documents submitted to the City bearing copyright symbols or otherwise purporting to be subject to copyright protection.
EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR
RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS
COPYRIGHTED.
3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the
bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to
disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City’s bidder lists and prohibition from engaging in any
business with the City.
3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor
irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a
split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to
the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the
City’s interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability,
capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the
character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance
by the Bidder with related laws and ordinances; the sufficiency of the Bidder’s financial resources; the availability, quality and adaptability of the Bidder’s supplies or
services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid.
If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the
next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to continue
until a bidder is selected or the contract is re-bid, at the sole option of the City.
3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern development,
submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid
response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by
any bidder shall not constitute a cognizable defense against the legal effect thereof.
3.19 BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city’s
procurement ordinance or any applicable law may protest to the chief procurement officer, by delivering a letter of protest to the director of finance within five (5) days
after a notice of intent to award is posted on the city’s web site at the following url: https://www.fortlauderdale.gov/departments/finance/procurement-services/notices-
of-intent-to-award
The complete protest ordinance may be found on the city’s web site at the following url: https://library.municode.com/fl/fort_lauderdale/codes/code_of_ordinances?
nodeid=coor_ch2ad_artvfi_div2pr_s2-182direpr
PART IV BONDS AND INSURANCE
4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of
award, furnish to the City a Performance Bond, payable to the City of Fort Lauderdale, Florida, in the face amount specified in Special Conditions as surety for faithful
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performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City
thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida and having a resident agent.
Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the
nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor.
Rev. 2/2020 Page 3
4.02 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special
Conditions.
The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the
City’s Risk Manager prior to engaging in any activities under this contract. The Contractor’s insurance is subject to the approval of the City’s Risk Manager. The
certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance and shall have no less than thirty (30) days written notice of cancellation
or material change. Further modification of the insurance requirements may be made at the sole discretion of the City’s Risk Manager if circumstances change or
adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications.
PART V PURCHASE ORDER AND CONTRACT TERMS:
5.01 COMPLIANCE WITH SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance with bid specifications. Items
delivered which do not conform to bid specifications may be rejected and returned at Contractor’s expense. Any violation resulting in contract termination for cause or
delivery of items not conforming to specifications, or late delivery may also result in:
- Bidder’s name being removed from the City’s bidder’s mailing list for a specified period and Bidder will not be recommended for any award during that period.
- All City Departments being advised to refrain from doing business with the Bidder.
- All other remedies in law or equity.
5.02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical
inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new,
and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The
City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder’s expense. Payment will be made
only after City receipt and acceptance of materials or services.
5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of
1970 as amended.
5.04 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the
bidder will supply only material or equipment that is 100% asbestos free.
5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or
quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB
and resulting contract. Prices shall be F.O.B. delivered to the requesting agency.
5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions
with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications
from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on
behalf of Contractors.
5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by
employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities,
social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to
services rendered under this contract shall be those of the Contractor.
5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and
indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages,
settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising
directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. Without
limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual
or alleged violations of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder.
5.09 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if
the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed
under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the
City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at
the option of the City, become the City’s property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of
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the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the
Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the
Contractor can be determined.
5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in the City’s best interest as determined by the City, to cancel any contract by giving written
notice to the Contractor thirty (30) days prior to the effective date of such cancellation.
5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated
in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law.
5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted
accounting practices and standards for records directly related to this contract. The Contractor agrees to make available to the City Auditor or the City Auditor’s
designee, during normal business hours and in Broward, Miami-Dade or Palm Beach Counties, all books of account, reports, and records relating to this contract. The
Contractor shall retain all books of account, reports, and records relating to this contract for the duration of the contract and for three years after the final payment
under this Agreement, until all pending audits, investigations or litigation matters relating to the contract are closed, or until expiration of the records retention period
prescribed by Florida law or the records retention schedules adopted by the Division of Library and Information Services of the Florida Department of State, whichever
is later.
5.13 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his/her/its own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to
comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract.
5.14 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would
apply to this contract.
NON-DISCRIMINATION: The Contractor shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color,
national origin, age, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, marital status, or any other protected classification as
defined by applicable law.
1. The Contractor certifies and represents that the Contractor will comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida, (2019), as
may be amended or revised, (“Section 2-187”), during the entire term of this Agreement.
2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement, entitling the City to pursue any remedy
stated below or any remedy provided under applicable law.
3. The City may terminate this Agreement if the Contractor fails to comply with Section 2-187.
4. The City may retain all monies due or to become due until the Contractor complies with Section 2-187.
5. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in section 2-183 of the Code of
Ordinances of the City of Fort Lauderdale, Florida.
Rev. 2/2020 Page 4
5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap,
unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor’s cost in
providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The
circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to
accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the
City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options:
1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor
shall fill all City requirements submitted to the Contractor until the termination date contained in the notice.
2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non-adjusted) cost until the termination of the contract term then
in effect.
3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve
Contractor of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under
law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying Contractor from receiving any business from
the City for a stated period of time.
If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person
authorized to bind the City in such matters.
5.16 ELIGIBILITY: If applicable, the Contractor must first register with the Florida Department of State in accordance with Florida Statutes, prior to entering into a
contract with the City.
5.17 PATENTS AND ROYALTIES: The Contractor, without exception, shall defend, indemnify, and hold harmless the City and the City’s employees, officers, employees,
volunteers, and agents from and against liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un-patented invention,
process, or article manufactured or used in the performance of the contract, including their use by the City. If the Contractor uses any design, device, or materials covered by
letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs arising from the use of such
design, device, or materials in any way involved in the work.
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5.18 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued
pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Commission or the City
Manager or City Manager’s designee, depending on original award approval.
5.19 GOVERNING LAW; VENUE: The Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any lawsuit by
either party against the other party or otherwise arising out of the Contract, and for any other legal proceeding, shall be in the courts in and for Broward County,
Florida, or in the event of federal jurisdiction, in the Southern District of Florida.
5.20 PUBLIC RECORDS:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT
PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK’S
OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301.
Contractor shall comply with public records laws, and Contractor shall:
1. Keep and maintain public records required by the City to perform the service.
2. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2019), as may be amended or revised, or as otherwise
provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City.
4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the
City.
Rev. 2/2020 Page 5
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NON-COLLUSION STATEMENT:
By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of
Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the
vendor's business, who is in a position to influence this procurement.
Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to
award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this
procurement.
For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any
business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor.
In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3,
3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members
hold a controlling financial interest (e.g. ownership of five (5) percent or more).
3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general
rules.
Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of
the City Procurement Code.
NAME RELATIONSHIPS
In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such
relationships exist.
Cristhianne Munguia Bid Coordinator
Authorized Signature Title
Cristhianne Munguia 6/8/21
Name (Printed)Date
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CONTRACT PAYMENT METHOD
The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program
which changes how payments are remitted to its vendors. The City has transitioned from
traditional paper checks to credit card payments via MasterCard or Visa as part of this
program.
This allows you as a vendor of the City of Fort Lauderdale to receive your payments fast
and safely. No more waiting for checks to be printed and mailed.
In accordance with the contract, payments on this contract will be made utilizing the City’s
P-Card (MasterCard or Visa). Accordingly, bidders must presently have the ability to accept
these credit cards or take whatever steps necessary to implement acceptance of a card
before the start of the contract term, or contract award by the City.
All costs associated with the Contractor’s participation in this purchasing program shall be
borne by the Contractor. The City reserves the right to revise this program as necessary.
By signing below you agree with these terms.
Please indicate which credit card payment you prefer:
MasterCard
Visa
Allied Universal Corporation
Company Name
Cristhianne Munguia Cristhianne Munguia
Name (Printed)Signature
6/8/21 Bid Coordinator
Date Title
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BID/PROPOSAL CERTIFICATION
Please Note: It is the sole responsibility of the bidder to ensure that his bid is submitted electronically through
www.BidSync.com prior to the bid opening date and time listed. Paper bid submittals will not be accepted. All fields below
must be completed. If the field does not apply to you, please note N/A in that field.
If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state,
in accordance with Florida Statute §607.1501 (visit http://www.dos.state.fl.us/).
________________________________________________________________________________________________
Company: (Legal Registration) Allied Universal CorporationEIN (Optional):
Address: 3901 NW 115 Avenue
City: MiamiState: FL Zip: 33178
Telephone No.: 305-888-2623 Ext.0125FAX No.: 786-522-0215Email: Bids@Allieduniversal.com
________________________________________________________________________________________________
Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): 14
Total Bid Discount (section 1.05 of General Conditions): N/A
Check box if your firm qualifies for MBE / SBE / WBE (section 1.09 of General Conditions):
________________________________________________________________________________________________
ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are
included in the proposal:
Addendum No.Date Issued Addendum No.Date Issued Addendum No.Date Issued
1 6/11/21
________________________________________________________________________________________________
VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement
in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the
space provided below all variances contained on other pages within your response. Additional pages may be attached if
necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and
contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any
variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with
this competitive solicitation. If you do not have variances, simply mark N/A. You must also click the “Take Exception”
button.
N/A
________________________________________________________________________________________________
The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all
instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal.
I have read all attachments including the specifications and fully understand what is required. By submitting this signed
proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications
of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that
in no event shall the City’s liability for respondent’s direct, indirect, incidental, consequential, special or exemplary damages,
expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement,
bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred
Dollars ($500.00). This limitation shall not apply to claims arising under any provision of indemnification or the City’s protest
ordinance contained in this competitive solicitation.
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Submitted by:
Cristhianne Munguia Cristhianne Munguia
Name (printed)Signature
6/11/21 Bid Coordinator
Date Title
Revised 4/28/2020
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