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d. The term "Disadvantaged Class 4 Enterprise" shall mean any disadvantaged <br />business enterprise that does not qualify as a Class A, Class B, or Class C business, <br />but is located in the State of Florida and provides supporting documentation of its <br />disadvantaged certification as established in the City's Procurement Manual. <br />2.21 Protest Procedure <br />2.21.1 Any Bidder who is not recommended for award of a contract and who alleges a failure by <br />the city to follow the city's procurement ordinance or any applicable law, may follow the <br />protest procedure as found in the city's procurement ordinance within five (5) days after a <br />notice of intent to award is posted on the city's web site at the following link. <br />https://www.fortlauderdale.aov/govern menttdeaartments-a-h/finance/procurement- <br />services/notices-of-intent-to-award <br />2.21.2 The complete protest ordinance may be found on the city's web site at the following link: <br />https://Iibrary.municode.com/fl/fort lauderdale/codes/code of ordinances?nodeld=COO <br />R CH2AD ARTVFI DIV2PR S2-182DIREPRAWINAW <br />2.22 Public Entity Crimes <br />Bidder, by submitting a bid, certifies that neither the Bidder nor any of the Bidder's principals <br />has been placed on the convicted vendor list as defined in Section 287.133, Florida Statutes <br />(2018), as may be amended or revised. A person or affiliate who has been placed on the <br />convicted vendor list following a conviction for a public entity crime may not submit a bid, <br />proposal, or reply on a contract to provide any goods or services to a public entity; may not <br />submit a bid, proposal, or reply on a contract with a public entity for the construction or repair <br />of a public building or public work; may not submit bids, proposals, or replies on leases of real <br />property to a public entity; may not be awarded or perform work as a contractor, supplier, <br />subcontractor, or consultant under a contract with any public entity; and may not transact <br />business with any public entity in excess of the threshold amount provided in s. 287.017 for <br />CATEGORY TWO for a period of 36 months following the date of being placed on the <br />convicted vendor list. <br />2.23 Subcontractors <br />2.23.1 If the Contractor proposes to use subcontractors in the course of providing these services <br />to the City, this information shall be a part of the bid/proposal response. Such information <br />shall be subject to review, acceptance, and approval of the City, prior to any contract <br />award. The City reserves the right to approve or disapprove of any subcontractor <br />candidate in its best interest and to require Contractor to replace subcontractor with one <br />that meets City approval. <br />2.23.2 Contractor shall ensure that all of Contractor's subcontractors perform in accordance with <br />the terms and conditions of this Contract. Contractor shall be fully responsible for all of <br />Contractor's subcontractors' performance, and liable for any of Contractor's subcontractors' <br />non-performance and all of Contractor's subcontractors' acts and omissions. Contractor <br />shall defend, at Contractor's expense, counsel being subject to the City's approval or <br />disapproval, and indemnify and hold harmless the City and the City's officers, employees, <br />and agents from and against any claim, lawsuit, third -party action, or judgment, including <br />any award of attorney fees and any award of costs, by or in favor of any Contractor's <br />subcontractors for payment for work performed for the City. <br />2.23.3 Contractor shall require all its subcontractors to provide the required insurance coverage <br />as well as any other coverage that the contractor may consider necessary, and any <br />CAM #23-0426 <br />Exhibit 1 <br />Page 11 of 43 <br />