HomeMy WebLinkAboutReso 2025-3818RESOLUTION NO. 2025
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN AGREEMENT WITH BAUSCH ENTERPRISES, INC. FOR
THE PURCHASE AND INSTALLATION OF THREE 3 LIFEGUARD TOWERS, IN AN
AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS AND
NO CENTS ($350.000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS
AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE'.
WHEREAS, the City of Sunny Isles Beah (the "City") is in need of a contractor to furnish
and install three (3) located within the City's boundaries (the "Services"); and
WHEREAS, on February 28, 2023, the City of Fort Lauderdale ("Ft. Lauderdale") issued
Invitation to Bid No. 51, titled "Purchase and Installation of Lifeguard Towers" (the "Bid"); and
WHEREAS, on July 10, 2023, Ft. Lauderdale awarded the Bid to, and entered into an
agreement with, Bausch Enterprises, Inc. (the "Contractor") for a period of one (1) year, with
four (4) one year renewal options; and
WHEREAS, the Contractor has expressed their desire and ability to provide the Services
to the City;
WHEREAS, the Contractor is a certified and insured company with the necessary
experience to provide the desired Services; and
WHEREAS, pursuant to Section 62-13(C) of the City's Code of Ordinances, purchases
made under state, county or other governmental contracts, or competitive bids with other
entities are exempt from the competitive bidding requirements set forth in Chapter 62; and
WHEREAS, the City Commission wishes to approve an Agreement with the Contractor
provide the desired Services, in an Amount Not to Exceed Three Hundred Fifty Thousand Dollars
and No Cents ($350.000.00), which includes a contingency in the amount of Sixty -Nine
Thousand Five Hundred Dollars and No Cents ($69,500.00), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval an Agreement. The City Commission hereby approves an Agreement
with the Contractor provide the desired Services, in an Amount Not to Exceed Three Hundred
Fifty Thousand Dollars and No Cents ($350.000.001, which includes a contingency in the amount.
of Sixty -Nine Thousand Five Hundred Dollars and No Cents ($69.500.00), attached hereto as
Exhibit "A".
1 This resolution was amended during the Regular City Commission Meeting to include an additional two (2)
lifeguard towers. Revisions are notated by double underline.
R2025 Bausch Enterprises Purchase And Install Lifeguard Tower.Doc Page 1 of 2
Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of the Agreement.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 17th day
ATTEST:
Maurici Betancur, CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
vcu'-
A*(ain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved byjYbAAA9W' 57t*f 0 Seconded by:lff—mfSytq
Vote:
Mayor Svechin (Yes) (No)
Vice Mayor Lama (Yes) (No)
Commissioner Joseph V .1 (Yes) (No)
Commissioner Stuyvesant T (Yes) (No)
Commissioner Viscarra (Yes) (No)
@BCL@340C627E.Doc Page 2 of 2 224
OSUNNY'S`F9
m
_ AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
` J n.
FLOBEACH AND BAUSCH ENTERPRISES, INC
yR c'oo5¢
> o. SUN . CONTRACT NO. 2025-9052
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made this day of June, 2025, by and between the CITY OF SUNNY ISLES BEACH, Florida,
(hereinafter "City"), and BAUSCH ENTERPRISES, INC, a Florida corporation, whose Federal
Employer Identification (FEI) No. is 65-0633847 (hereinafter "Contractor").
RECITALS
WHEREAS, the City is in need of a contractor to fabricate and install three (3)
aluminum lifeguard towers at or near the 163rd Street Beach Access, at or near the 174th Street
Beach Access, and at or near the 192nd Street Beach Access, as more particularly described
in Attachment "A" (hereinafter "Services" or "Work"); and
WHEREAS, on February 28, 2023, the City of Fort Lauderdale issued Invitation to Bid
("ITB") No. 51, entitled "Purchase and Installation of Lifeguard Towers" and on July 10, 2023,
the City of Fort Lauderdale entered into an Agreement with Contractor for an initial one (1) year
period terminating June 5, 2024, with the option to renew for four (4) additional one-year terms,
which option has currently been exercised through June 5, 2025; and
WHEREAS, pursuant to Section 62-13(C) of the City's Code of Ordinances, purchases
made under state, county or other governmental contracts, or competitive bids with other entities
are exempt from the City's competitive bidding procedures; and
WHEREAS, Contractor is a certified and insured company with the necessary experience
to provide the desired Services; and
WHEREAS, the City desires to enter into an agreement with Contractor, using the City of
Fort Lauderdale's bid and pricing information, to provide the Services, subject to the terms and
conditions contained herein; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
desired Services, as more particularly described in Attachment "A," for an amount of Two
Hundred Eighty Thousand Five Hundred Dollars and No Cents ($280,500.00), plus Sixty -Nine
Thousand Five Hundred Dollars and No Cents ($69,500.00), as a contingency amount, if
necessary, resulting in a total not -to -exceed amount of Three Hundred Fifty Thousand Dollars and
No Cents ($350,000.00);
NOW THEREFORE, in consideration of the promises and the mutual covenants set forth
herein, the parties agree as follows:
TERMS
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
as well as the terms and conditions of the ITB No. 51 entitled "Purchase and Installation of
BAUSCH ENTERPRISES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Lifeguard Towers," and the awarded Agreement, which are specifically incorporated herein and
made a part hereof as Attachment `B," as well as Contractor's Proposal, attached and incorporated
herein as Attachment "A" (hereinafter referred to collectively as "Contract Documents"). In the
event of any conflict between or among the contract documents or any ambiguity or missing
specifications or instruction, the following priority is established:
A. First, this Agreement Between the City of Sunny Isles Beach and Bausch Enterprises,
Inc.— Contract No. 2025-9052.
B. Second, the terms and conditions of ITB No. 51 entitled "Purchase and Installation of
Lifeguard Towers," and of the awarded Agreement, appended collectively as
Attachment `B."
C. Third, Contractor's Proposal, appended as Attachment "A."
3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions
set forth in the Contract Documents. The Services shall be performed by Contractor to the full
satisfaction of the City. Contractor agrees to furnish all labor and material in a good and
workmanlike and professional manner to perform Services. Contractor agrees to have a qualified
representative to audit and inspect the Services provided on a regular basis to ensure all Services
are being performed in accordance with the City's needs and pursuant to the terms of this
Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the
City via telephone and in writing of any problems that could cause damage to the City's property,
improvements and persons. Contractor will require its employees to perform their work in a
manner befitting the type and scope of work to be performed. In the event that the Contractor fails
to complete the Services pursuant to the terms of this contract and City must undertake the
completion of performance of Services, Contractor agrees to indemnify the City for all costs
incurred with respect to the completion of those Services and any damages the City may suffer as
a result of the Contractor's failure to perform the Services.
4. CONTRACT TIME AND TERM. Subject to the provisions relating to the termination
of this Agreement as set forth hereunder, the term of this Agreement shall commence upon the
full execution of this Agreement and shall terminate upon the City's final inspection and the City's
issuance of a final Certificate of Payment to Contractor. The City shall notify the Contractor in
writing of the date on which the Work shall begin ("the Notice to Proceed Date"). The Contractor
shall commence site activities on the Notice to Proceed Date, and the Work shall be carried on
regularly and without interruption. The Contractor shall achieve final completion of the Work,
including the removal of all debris, materials, and equipment, at or near the 174th Street
Beach Access no later than June 25, 2025. The Contractor shall achieve final completion of
the Work at or near the 163rd Street Access and the 192nd Street Access no later than July
31, 2025. The number of calendar days from the Notice to Proceed Date, through the date set forth
for Substantial Completion, shall constitute the "Contract Time."
The terms of Section 15, entitled "Indemnification and Waiver of Liability," Section 22, entitled
"Compliance with Law," Section 11, entitled "Warranty of Services," and Section 12, entitled
"Defective Work," and those specifically provided for in the Contract Documents, shall survive
termination of this Agreement.
5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for
Services performed under this Agreement, for an amount of Two Hundred Eighty Thousand Five
BAUSCH ENTERPRISES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Hundred Dollars and No Cents ($280,500.00), plus Sixty -Nine Thousand Five Hundred Dollars
and No Cents ($69,500.00), as a contingency amount, if necessary, resulting in a total not -to -
exceed amount of Three Hundred Fifty Thousand Dollars and No Cents ($350,000.00). Payment
to Contractor for all charges and tasks under this Agreement shall be in accordance with the
Contract Documents, under the following conditions:
A. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
B. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Invoices must
reference the contract number assigned hereto. Invoices will be paid in accordance
with the State of Florida Prompt Payment Act. The City will pay properly
submitted Contractor invoices following each monthly period within 30 (thirty)
days of receipt, for completed Services, unless the City notifies the Contractor in
writing of the dispute, before the payment is due.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to Contractor.
D. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed, any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been undertaken
by the City. Contractor shall be responsible for any and all of its own expenses in performing its
duties as contemplated under this Agreement. The City shall not be responsible for any expense
incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or
BAUSCH ENTERPRISES, INC. 3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
pay Social Security services and that such obligations shall be that of the Contractor, other than
those set forth in this Agreement. Contractor shall furnish its own transportation, office and other
supplies as it determines necessary in carrying out its duties under this Agreement.
7. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not
subcontract, assign, or transfer any work under this Agreement without the prior written consent
of the City. Should the Contractor subcontract any services under this Agreement, it shall be done
with continued liability for the Contractor. The Contractor shall remain responsible for services,
responsibilities, and liabilities of any person or entity acting under Contractor.
8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents or employees, as indicated below:
A. Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000) per occurrence, and Two
Million Dollars ($2,000,000) in the aggregate.
B. Worker's Compensation and employer's liability coverage, as required pursuant to
Florida law.
C. Business Automobile Liability which shall include coverage for all owned, non -
owned and hired vehicles for minimum limits of a combined single limit of not less
than One Million Dollars ($1,000,000) per accident.
D. Umbrella or Excess Liability policy of not less than One Million Dollars
($1,000,000) per occurrence. Umbrella or Excess Policy must be follow -form
coverage over the Commercial General Liability, Automobile Liability, and
Employers' Liability policies.
Waiver of Subrogation. Contractor agrees by entering into this Agreement to a Waiver of
Subrogation for each required policy herein. When required by the insurer, or should a policy
condition not permit Contractor to enter into a pre -loss agreement to waive subrogation without
an endorsement, then Contractor agrees to notify the insurer and request the policy be endorsed
with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of
Subrogation requirement shall not apply to any policy, which includes a condition specifically
prohibiting such an endorsement, or voids coverage should Contractor enter into such an
agreement on a pre -loss basis.
Insurance required of the Contractor shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City. Such insurance shall not diminish
Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by
companies authorized to do business under the laws of the State of Florida and acceptable to the
City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is
performed, and at any time upon request, Contractor shall furnish to the City certificates of
BAUSCH ENTERPRISES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
insurance evidencing the minimum required coverage and shall be appropriately endorsed
for contractual liability, with the City named as additional insured. All policies and
certificates shall be in forms and issued by insurance companies acceptable to the City Manager
or his designee. All insurance policies and certificates of insurance shall provide that the policies
may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor
shall also require and ensure that each of its sub -Contractors providing services hereunder (if any)
procures and maintains, until the completion of the services, insurance of the types and to the limits
specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
9. ACCIDENT PREVENTION AND BARRICADES. Contractor shall comply with City,
State and Federal regulations and permit requirements for the placement of the proper Traffic
Control Devices. Barricades, cones, construction fencing, temporary construction fencing per City
regulations and other relevant requirements, shall be provided by the Contractor when work is
performed in areas traversed by persons, vehicular traffic, or when deemed necessary by the City
Project Manager(s), at no extra cost to the City. Precautions must be exercised at all times for the
protection of persons and property. All services performed under this contract shall conform to all
relevant regulations as prescribed in the current edition of the Manual of Uniform Traffic Control
Devices (MUTCD), the Florida Department of Transportation's Design Standards (DS) and OSHA
during the course of such effort. Where requirements vary or conflict, the more stringent shall
apply. Any fines levied by the above-mentioned authorities for failure to comply with these
requirements shall be borne solely by the Contractor.
10. SAFETY MEASURES. Contractor shall take all necessary precautions for the safety of
pedestrians and shall erect and properly maintain at all times all necessary safeguards for the
protection of the employees and the public. Contractor to follow all OSHA Safety Standards.
Danger signs warning against hazards created by his/ her operation and work in progress must be
posted. All employees of the Contractor shall be expected to wear safety glasses or goggles,
appropriate clothing, and hearing protection when and wherever applicable. The Contractor shall
use only equipment that is fully operational and in safe operating order. Contractor shall be
especially careful when servicing property when pedestrians and/ or vehicles are in close proximity
and work shall cease until it is safe to proceed.
11. WARRANTY OF SERVICES.
A. The Contractor shall warrant the Work and labor performed for a minimum period
of one (1) year from the date the Services are complete. This warranty shall be in
addition to whatever rights the City may have under state or federal law. The
Contractor's obligation under this warranty shall be at its own cost and expense, to
promptly repair or replace (including cost of removal and installation), that item (or
part or component thereof) which proves defective or fails to comply with the
Agreement within the warranty period such that it complies with the Agreement.
B. Contractor warrants to the City that all materials and equipment furnished under
this Agreement will be new unless otherwise specified and will be of good
quality, free from faults and defects and in conformance with the Agreement. All
equipment and materials not conforming to these requirements, including
BAUSCH ENTERPRISES, INC. 5
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
substitutions not properly approved and authorized, may be considered defective.
If required by City or its designee, Contractor shall furnish satisfactory evidence
as to the kind and quality of materials and equipment. This warranty is not limited
by any other provisions within this Agreement.
C. Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties, expressed and/or implied, shall be given to the City for all material
and equipment covered by this Agreement. All material and equipment furnished
shall be fully guaranteed by the Contractor against factory defects and
workmanship. At no expense to the City, the Contractor shall correct any and
all apparent and latent defects that are required under state or federal law.
12. DEFECTIVE WORK.
A The City or its designee shall have the authority to reject or disapprove work
which is found to be defective. If defective work is found, Contractor shall
promptly either correct all defective work or remove such defective work and
replace it with non -defective work. Contractor shall bear all direct and indirect
costs of such removal or corrections including cost of testing laboratories and
personnel.
B. Should Contractor fail or refuse to remove or correct any defective work or to make
any necessary repairs in accordance with the requirements of this Agreement
within the time indicated in writing by the City Manager or its designee, the City
shall have the authority to cause the defective work to be removed or corrected, or
make such repairs as may be necessary at Contractor's expense. Any expense
incurred by the City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of
failure of Contractor to make all necessary repairs promptly and fully, which is not
cured in the cure period, the City may declare Contractor in default.
C. If, within one (1) year after the date of completion of Services or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision(s) of
this Agreement, any of the work is found to be defective or not in accordance with
this Agreement, Contractor, after receipt of written notice from the City or its designee,
shall promptly correct such defective or nonconforming work within the time specified
by the City without cost to the City. Nothing contained herein shall be construed to
establish a period of limitation with respect to any other obligation which
Contractor might have under this Agreement including but not limited to any claim
regarding latent defects.
D. Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
BAUSCH ENTERPRISES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
E. Where the City or its designee becomes aware of faults, defects or non -conformity
in any of the work provided under this Agreement or with the work being
performed by the Contractor, the City or its designee shall issue a Notice to Cure
to the Contractor for correction. In no event shall the failure of the City or its
designee to bring to the attention of the Contractor of such faults act as a waiver or
release the Contractor from responsibility or liability for such fault, defect or non-
conforming work.
13. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an
amount equal to the actual cost of a third party to cure such failure. If Contractor
fails, refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. The terms of Paragraph 13A(1)
and A(2) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
14. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which this
Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than
in the discharge of the duties of the Contractor under this Agreement, any information which the
City designates in writing as "confidential." As a violation by the Contractor of the provisions of
BAUSCH ENTERPRISES, INC. 7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
this Section could cause irreparable injury to the City and there is no adequate remedy at law for
such violation, the City shall have the right, in addition to any other remedies available to it at law
or in equity, to enjoin the Contractor from violating such provisions.
15. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by
the negligence, error or omission of the Contractor or persons employed or utilized by the
Contractor in performance of Services under this Agreement.
Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
directors, officials and employees from and against any and all causes of action, demands, claims,
losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
including those of their employees, agents, servants, or officers, or accruing, resulting from, or
directly related to the subject matter of this Agreement including, without limitation, any and all
claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding is brought against City by reason of any such claim, cause of action or demand,
Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum 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.
16. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, Contractor AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
17. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
BAUSCH ENTERPRISES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City:
Stan Morris
With a copy to:
City Manager
City Attorney
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1776
Tel: (305) 792-1766
smorris sibfl.net
aboileau n nlaw.com
If to the
Todd Bausch, President
Contractor:
3171 SE Waaler Street
Stuart, Florida 34997
Tel: (772) 220-6652
todd bauschente rises.com
18. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform
the service.
B. Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
C. Contractor shall 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.
D. Contractor shall, 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 by Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
BAUSCH ENTERPRISES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IF 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 CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4"
Floor, Sunny Isles Beach, Florida 33160.
19. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
20. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will
not discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance.
The Contractor will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay or other forms of compensation, and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
21. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code
of Ordinances of the City of Sunny Isles Beach, as amended, which are incorporated by reference
herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The
Contractor covenants that it presently has no interest and shall not acquire any interest, directly or
indirectly which should conflict in any manner or degree with the performance of Services under
this Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
22. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
BAUSCH ENTERPRISES, INC. 10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
23. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Attachments "A" or `B."
24. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
for goods or services if at the time of bidding, submitting a proposal for, or entering into or
renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
engaged in the boycott of Israel. Contractors must certify that the company is not participating in
a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more
shall be terminated at the City's option if it is discovered that the company submitted a false
certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1,
2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "C." Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
the false certification. The Contractor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Contractor does
not demonstrate that the City's determination of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 287.135.
25. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public employer
may not enter into a contract unless each party to the contract registers with and uses the E -Verify
system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a
subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In
accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify
requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website
(https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The
Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Exhibit "D."
26. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled
"Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a
nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2),
BAUSCH ENTERPRISES, INC. 11
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Florida Statutes. Contractor must submit the affidavit that is attached to this Agreement as
Attachment `B," signed by an officer or an authorized representative of the Contractor, under
penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined
in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material
breach of contract.
27. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements, and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
BAUSCH ENTERPRISES, INC. 12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first written above.
BAUSCH ENTERPRISES, INC.
By:
Todd Bausch, President
STATE OF A:
COUNTY OF GL
144
The foregoing instrument was acknowledged before me by means of (physical presence or ❑
online notarization, this -� day of June, 2025, by Todd Bausch, as President of Bausch
Enterprises, Inc.
t) au"
(SEAL) Notary Public, State ofMorida l�Io
(Signature of Notary Public)
ANGELA D ARBOGAST
Notary Public- North Carolina
Avery County
My Commission Expires Nov 13, 2027
Personally Known _ or Produced Identification V -.-
Type
Type of Identification Produced: FL bfzlvzr LlcLrbe
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
RAUSCH RNTMPRISES, INC. 13
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATTEST: CITY O SUN ISLES BEACH
BY: BY:
Mau icio hetancfr Lar%a Svechin, Mayor
CMC City Clerk
Department Head
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
r
BY:
Alain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
BAUSCH ENTERPRISES, INC. 14
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment A
BAUSCH ENTERPRISES, INC. 15
BAUSCH
WATCH TOWER
sc anmmr1s.s
Bausch Watch Tower Division
Bausch Enterprises Inc.
3171 SE Waaler Street
Stuart, FL 34997
772 220.6652
Fabricio Volpi
Sunny Isles Beach
Public Works Director
(305) 792-1930
L&I
BAUSCH ENTERPRISES INC
DATE: APRIL 25, 2025
EXPIRATION DATE: October 31, 2025
INSTALLATION DELIVERY DELIVERY
SALESPERSON JOB
PAYMENT
DUE DATE
METHODS" ESTIMATE DATE
TERMS
Crane/forklift
I
j
Todd B.
needed for By truck
Sunny Isles( assembly & for with flatbed 11 June — July
Zero w/ 1
(30 days upon
completion and
i TBD
settingin trailer to 2025
enclosure
approval
position on y site
i
-our
beach
QTY"
DESCRIPTION
UNIT PRICE LINE TOTAL
Bausch `Zero" Watch Tower, rd package (please see
I
$67,900
$203,7003
j attached descrition) with aluminum center stairs and rail
3
j Delivery to your site and assembly of Zero
$2040
$6,120
6
Side ventilation hatches to open inward
standard
$0
3
-
Bottom enclosure with 2 ban -1 doors
$12,550
$37,650
3
Upper Shelf
$525
$1,575
3
Aluminon powder coated Board Box mounted externally 1
$3550
$10,650
3
I Platform Extension to accept stairway on side of Tower
$1285
1 $3,855
I and add railing
6
Accordion Shutters on Door Windows';
$575
$3450
3
40Ton boom truck for assembly2350
_
$
$7,050
3
Lightning Protection Package (done by Bonded Lightning '',
$2150
$6,450
Protection)
Standard Package on Zero Tower
Marine grade aluminum construction
Embossed composite decking on 12' by 12' aluminum
I
Anodized Aluminum Railin u ade
deck
g p�
j Three-piece aluminum skinned roof with insulation
2-30" Aluminum doors with impact glass windows and SS
handles
Three- 15 -degree tint in glass impact windows with folding
shutters (inside locking)36" tall with 50 square feet of
viewing area
2 ventilation hatches include front vent / seat combination
and rear wall hatch j
Side access, with aluminum stairs and anodized aluminum j
railing on stairs and deck
8 -foot deck elevation
Exterior and interior walls powder coated white with clear
ceramic coating on the exterior
Composite front counter
i
49 square foot floor plan with angled windows and walls
for decreased glare
All stainless-steel fasteners and 4 SS lifting eyes on shelter ; C
Flag holder
Sits on two 12 wide aluminum skids with 4 towing eyes
Quotation prepared by: Todd Bausch
To accept this quotation, sign here and return:
Date:
f
J'
BAUSCH ENTERPRISES INC
SUBTOTAL
$280,500
SALES TAX Exempt
TOTAL $280,500
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment B
BAUSCH ENTERPRISES, INC. 16
Contract 471
Name: Purchase and Installation of Lifeguard Towers
Description: The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced, and licensed
firm(s) to provide and install Lifeguard Towers for the City, in accordance with the terms,
conditions, and specifications contained in this Invitation to Bid (ITB).
Working Contract ID: 471
Currency Code: USD
Effective Date: 06/06/2023
Expiration Date: 06/05/2025
Primary Internal Contact: KIRK MCDONALD
Contacts
Name Email Address
MARIE FLYNN mflynn@fortlauderdale.gov
KIRK MCDONALD kmcdonald@fortlauderdale.gov
Page 1 of 1 I April 9, 2025
Description Cost
Purchase and 93,500.0000
Installation of
Lifeguard Towers with
Storage
Purchase and 81,450.0000
Installation of
Lifeguard Towers
Bausch "Zero" Watch 86,020.0000
Tower
Contract Lines
Unit of
Item Number
Vendor Item
Item Description
Measure
LIFEGUARD TOWERS
LIFEGUARD TOWERS
Purchase and
EA
W/STORAGE FRAME
W/STORAGE FRAME
Installation of
Lifeguard Towers with
Storage
TOWERS WITHOUT
TOWERS WITHOUT
Purchase and
EA
STORAGE FRAME
STORAGE FRAME
Installation of
Lifeguard Towers
BAUSCH "ZERO"
BAUSCH "ZERO"
Bausch "Zero" Watch
EA
WATCH TOWER
WATCH TOWER
Tower
Page 1 of 1 I April 9, 2025
Description Cost
Purchase and 93,500.0000
Installation of
Lifeguard Towers with
Storage
Purchase and 81,450.0000
Installation of
Lifeguard Towers
Bausch "Zero" Watch 86,020.0000
Tower
AGREEMENT FOR
PURCHASE AND INSTALLATION OF LIFEGUARD TOWERS
THIS AGREEMENT for Purchase and Installation of Lifeguard Towers ("Agreement"), made
this day of July 2023, is by and between the City of Fort Lauderdale, a Florida municipality,
("City"), whose address is 100 North Andrews Avenue, Font Lauderdale, Florida 33301-1016, and
Bausch Enterprises, Inc., a Florida corporation (``Contractor"), whose address and phone number
are: 3171 S.E. Waaler Street, Stuart, Florida 34997, Phone: 772-220-6552, Email:
todd ia.bauschenterprises.com, (collectively, the "Parties").
NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth
herein and other good and valuable consideration, Contractor agrees to provide to the City
lifeguard towers and -the installation of same (the "Work"), and the City and the Contractor further
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) Solicitation Event No. 51, Purchase and Installation of Lifeguard Towers, including any
and all addenda, prepared by the City of Fort Lauderdale ("Solicitation" or "Exhibit A").
(2) The Contractor's response to the Solicitation, dated March 29, 2023 ('`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 (� _, 2023, and any attachments.
B. Second, Exhibit A.
C. Third, Exhibit B.
II. SCOPE
The Contractor shall perform the Work under the general direction of the City as set forth in the
Contract Documents.
Unless otherwise specified herein, the Contractor shall perform all work identified in this
Agreement. The Parties agree that the scope of services is a description of Contractor's obligations
and responsibilities, and is deemed to include preliminary considerations and prerequisites, and all
labor, materials, equipment, and tasks which are such an inseparable part of the Work described
that exclusion would render performance by Contractor impractical, illogical, or unconscionable.
CAM #23-0426
Exhibit 3
Page 1 of 18
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 term of this Agreement shall commence on June 6, 2023, and shall end on June 5, 2024.
The City reserves the right to extend this Agreement for four (4) additional one (I) -year terms,
provided all terms, conditions and specifications contained herein remain the same, and the
extension is mutually agreed to in writing and signed by both Parties. In the event the term of this
Agreement extends beyond the end of any fiscal year of City, to wit, September 301, the
continuation of this Agreement beyond the end of the City's fiscal year shall be subject to and
conditioned upon 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 are due within fifteen (15) days of the end of the month except the final invoice which must
be received no later than sixty (60) days after this Agreement expires. Invoices 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
2
CAM #23-0426
Exhibit 3
Page 2 of 18
work that has not been remedied or resolved in a manner satisfactory to the City's Contract
Administrator or failure to comply with this Agreement. The amount withheld shall not be subject
to payment of interest by City.
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 City may terminate this Agreement for cause if the Contractor has not corrected the
breach within ten (10) days after written notice from the City 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.
3
CAM #23-0426
Exhibit 3
Page 3 of 18
This Agreement may be terminated for cause for reasons including, but not limited to,
Contractor's repeated (whether negligent or intentional) submission for payment of false
or 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 tern of this
Agreement and during any renewal or extension term of this Agreement, Contractor, at its
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 Contractor. Contractor shall provide the City a certificate of insurance
evidencing such coverage. Contractor's insurance coverage shall be primary insurance for
all applicable policies, as respects to the City. The limits of coverage under each policy
maintained by Contractor shall not be interpreted as limiting Contractor's liability and
obligations under this Agreement. All insurance policies shall be through insurers
authorized or eligible to write policies in the State of Florida and possess an A.M. Best
rating of A-, VII or better, subject to approval by the City's Risk Manager.
The coverages, limits, and/or endorsements required herein protect the interests of the City,
and these coverages, limits, and/or endorsements shall in no way be relied upon by
Contractor for assessing the extent or determining appropriate types and limits of coverage
to protect Contractor against any loss exposures, whether as a result of this Agreement or
otherwise. The requirements contained herein, as well as the City's review or
4
CAM #23-0426
ExhiNt 3
Page 4 of 18
acknowledgement, are not intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by 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, a Florida municipality, its officials, employees, and volunteers are to be covered
as an additional insured 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 Contractor. The coverage shall contain no special limitation on the scope of protection
afforded to the City, its officials, 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 Contractor does not own vehicles, 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 (2022). 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.
Contractor waives, and Contractor shall ensure that Contractor's insurance carrier waives,
all subrogation rights against the City, its officials, 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.
Contractor must be in compliance with all applicable State and federal workers'
compensation laws, including the U.S. Longshore and Harbor Workers' Compensation Act
and the Jones Act, if applicable.
CAM #23-0426
Exhibit 3
Page 5 of 18
Insurance Certificate Requirements
a. Contractor shall provide the City with valid Certificates of Insurance (binders are
unacceptable) no later than ten (10) days prior to the start of work contemplated in
this Agreement.
b. 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 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 or any surviving obligation of Contractor
following expiration or early termination of the Agreement goes beyond the
expiration date of the insurance policy, 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 covered 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 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
100 N. Andrews Avenue
Fort Lauderdale, FL 33301
Contractor has the sole responsibility for 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
application 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
Contractor's expense.
If Contractor's primary insurance policy/policies do not meet the minimum requirements
as set forth in this Agreement, Contractor may provide evidence of an Umbrella/Excess
insurance policy to comply with this requirement.
Contractor's insurance coverage shall be primary insurance as respects to the City, a
Florida municipality, its officials, employees, and volunteers. Any insurance or self -
6
CAM #23-0426
Exhibit 3
Page 6 of 18
insurance maintained by the City, a Florida municipality, its officials, employees, or
volunteers shall be non-contributory.
Any exclusion or provision in any insurance policy maintained by Contractor that excludes
coverage required in this Agreement shall be deemed 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 may be considered breach of contract. In addition, Contractor must provide to
the City confirmation of coverage renewal via an updated certificate of insurance 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.
Contractor shall provide notice of any and all claims, accidents, and any other occurrences
associated with this Agreement to Contractor's insurance company or companies and the
City's Risk Management office as soon as practical.
It is Contractor's responsibility to ensure that any and all of 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 Contractor.
The City reserves the right to adjust insurance limits from time to time at its discretion with
notice to Contractor.
G. Environmental. Health and Safe
Contractor shall place the highest priority on health and safety and shall maintain a safe
working environment during performance of the Work. Contractor shall comply, and shall
secure compliance by its employees, agents, and subcontractors, with all applicable
environmental, health, safety and security laws and regulations, and performance
conditions in this Agreement. Compliance with such requirements shall represent the
minimum standard required of Contractor. Contractor shall be responsible for examining
all requirements and determine whether additional or more stringent environmental, health,
safety and security provisions are required for the Work. Contractor agrees to utilize
protective devices as required by applicable laws, regulations, and any industry or
Contractor's health and safety plans and regulations, and to pay the costs and expenses
thereof, and warrants that all such persons shall be fit and qualified to carry out the Work.
H. Standard of Care
Contractor represents that 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.
7
CAM #23-0426
Exhibit 3
Page 7 of 18
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 (2022), as may be amended from time to time, if
applicable, or, if the Florida Public Records Act is not applicable, for a minimum period
of three (3) years after termination of this Agreement. If any audit has been initiated and
audit findings have not been resolved at the end of the retention period or three (3) years,
whichever is longer, the books, records, and accounts shall be retained until resolution of
the audit findings. If the Florida public records law is determined by City to be applicable
to Contractor and Contractor's subcontractors' records, Contractor and Contractor's
subcontractors shall comply with all requirements thereof; however, Contractor and
Contractor's subcontractors shall violate no confidentiality or non -disclosure requirement
of either federal or state law. Any incomplete or incorrect entry in such books, records, and
accounts shall be a basis for City's disallowance and recovery of any payment upon such
entry.
Contractor shall, by written contract, require Contractor's subcontractors to agree to the
requirements and obligations of this Section.
The Contractor shall maintain during the term of the Agreement all books of account,
reports and records in accordance with generally accepted accounting practices and
standards for records directly related to this Agreement.
CAM #23-0426
Exhibit 3
Page 8 of 18
K. Public Entitv Crime Act
Contractor represents that the execution of this Agreement will not violate the Public Entity
Crime Act, Section 287.133, Florida Statutes (2022), 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 (2022), 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.
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 prior 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.
CAM #23-0426
Exhibit 3
Page 9 of 18
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.
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
10
CAM #23-0426
Exhibit 3
Page 10 of 18
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 terns 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.
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
CAM #23-0426
Exhibit 3
Page 11 of 18
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 (2022), as may
be amended or revised.
U. Jurisdiction, Venue, Waiver. Waiver of Jury Trial
The Agreement shall be interpreted and construed in accordance with, and governed by,
the laws of the state of Florida. The Parties agree that the exclusive venue for any lawsuit
arising from, related to, or in connection with this Agreement shall be in the state courts of
the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claims arising
from, related to, or in connection with this Agreement must be litigated in federal court,
the Parties agree that the exclusive venue for any such lawsuit shall be in the United States
District Court or United States Bankruptcy Court for the Southern District of Florida. BY
ENTERING INTO THIS AGREEMENT, THE PARTIES HEREBY EXPRESSLY
WAIVE ANY AND ALL RIGHTS EITHER PARTY MIGHT HAVE TO A TRIAL
BY JURY OF ANY ISSUES RELATED TO THIS AGREEMENT. IF A PARTY
FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT
ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE
OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING
THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE
REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN
CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS
SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION.
V. Amendments
No modification, amendment, or alteration in the terns or conditions contained herein shall
be effective unless contained in a written document prepared with the same or similar
formality as this Agreement and executed by the Mayor and/or City Manager, as
determined by City Charter and Ordinances, and Contractor, or others delegated authority
to or otherwise authorized to execute same on their behalf.
W. Prior Agreements
This document represents the final and complete understanding of the Parties and
incorporates or supersedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. The Parties
agree that there is no commitment, agreement, or understanding concerning the subject
matter of this Agreement that is not contained in this written document. Accordingly, the
Parties agree that no deviation from the terms hereof shall be predicated upon any prior
representation or agreement, whether oral or written.
12
CAM #23-0426
Exhibit 3
Page 12 of 18
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 Maieure" )
The City and Contractor will be excused from the performance of their respective
obligations under this Agreement when and to the extent that their performance is delayed
or prevented by any circumstances beyond their control including, fire, flood, explosion,
strikes or other labor disputes, act of God or public emergency, pandemic, war, riot, civil
commotion, malicious damage, act or omission of any governmental authority, delay or
failure or shortage of any type of transportation, equipment, or service from a public utility
needed for their performance, provided that:
1. The non-performing party gives the other party prompt written notice describing the
particulars of the Force Majeure including, but not limited to, the nature of the
occurrence and its expected duration, and continues to furnish timely reports with
respect thereto during the period of the Force Majeure;
2. The excuse of performance is of no greater scope and of no longer duration than is
required by the Force Majeure;
3. No obligations of either party that arose before the Force Majeure causing the excuse
of performance are excused as a result of the Force Majeure; and
4. The non-performing party uses its best efforts to remedy its inability to perform.
Notwithstanding the above, performance shall not be excused under this Section for a
period in excess of two (2) months, provided that in extenuating circumstances, the
City may excuse performance for a longer term. Economic hardship of the Contractor
will not constitute Force Majeure. The term of the Agreement shall be extended by a
period equal to that during which either party's performance is suspended under this
Section.
13
CAM #23-0426
Exhibit 3
Page 13 of 18
AA. Scrutinized Comnanies
The Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List
created pursuant to Section 215.4725, Florida Statutes (2022), 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 (2022), 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 (2022), 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 (2022), 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: 954-828-50029 EMAIL: PRRCONTRACT(a
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 (2022),
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 Agreement if the Contractor
does not transfer the records to the City.
4. Upon completion of the Agreement, transfer, at no cost, to the City all public records in
possession of the Contractor or keep and maintain public records required by the City to
perform the service. If the Contractor transfers all public records to the City upon
completion of the Agreement, the Contractor shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If
the Contractor keeps and maintains public records upon completion of the Agreement, the
Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City's custodian
of public records, in a format that is compatible with the information technology systems
14
CAM #23-0426
Exhlbk 3
Page 14 of 18
of the City.
CC. Non -Discrimination
The Contractor shall not discriminate against its employees based on the employee's race,
color, religion, gender, gender identity, gender expression, marital status, sexual
orientation, national origin, age, disability, or any other protected classification as defined
by applicable law.
1. The Contractor certifies and represents that the Contractor offers the same health
benefits to the domestic partners of its employees as are offered its employees' spouses or
offers its employees the cash equivalent of such health benefits because it is unable to
provide health benefits to its employees' domestic partners, and that the Contractor will
comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida,
(2022), 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.
DD. E -Verify
As a condition precedent to the effectiveness of this Agreement, pursuant to Section
448.095, Florida Statutes (2022), as may be amended or revised, the Contractor and its
subcontractors shall register with and use the E -Verify system to electronically verify the
employment eligibility of newly hired employees.
1. The Contractor shall require each of its subcontractors, if any, to provide the Contractor
with an affidavit stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien. The Contractor shall maintain a copy of the
subcontractor's affidavit for the duration of this Agreement and in accordance with the
public records requirements of this Agreement.
2. The City, the Contractor, or any subcontractor who has a good faith belief that a person
or entity with which it is contracting has knowingly violated Section 448.09(1), Florida
15
CAM #23-0426
Exhibit 3
Page 15 of 18
Statutes (2022), as may be amended or revised, shall terminate the Agreement with the
person or entity.
3. The City, upon good faith belief that a subcontractor knowingly violated the provisions
of Section 448.095(2), Florida Statutes (2022), as may be amended or revised, but that the
Contractor otherwise complied with Section 448.095(2), Florida Statutes (2022), as may
be amended or revised, shall promptly notify Contractor and order the Contractor to
immediately terminate the contract with the subcontractor, and the Contractor shall comply
with such order.
4. An Agreement terminated under Sections 448.095(2)(c)l. or 2., Florida Statutes
(2022), as may be amended or revised, is not a breach of contract and may not be
considered as such. If the City terminates this Agreement under Section 448.095(2)(c),
Florida Statutes (2022), as may be amended or revised, the Contractor may not be awarded
a public contract for at -least one year after the date on which the Agreement was terminated.
The Contractor is liable for any additional costs incurred by the City as a result of
termination of this Agreement.
5. Contractor shall include in each of its subcontracts, if any, the requirements set forth in
this Section, including this subparagraph, requiring any and all subcontractors, as defined
in Section 448.095(1)0), Florida Statutes (2022), as may be amended or revised, to include
all of the requirements of this Section in its subcontracts. Contractor shall be responsible
for compliance by any and all subcontractors, as defined in Section 448.095(1)0), Florida
Statutes (2022), as may be amended or revised, with the requirements of Section 448.095,
Florida Statutes (2022); as may be amended or revised.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
16
CAM #23-0426
Exhibit 3
Page 16 of 18
IN WITNESS WHEREOF, the City and the Contractor execute this Agreement as follows:
CITY OF FORT LAUDERDALE
By: I if
Gregh arria
City Mkanagller rr
Date:
r Mr*k_ 1
Approved as to form:
D'W Spence, Interim City Attorney
By:
Rhonda Montoya, H san
Assistant City Attorney
17
CAM #23-0426
Exhibit 3
Page 17 of 18
WITNESSES:
BAUSCH ENTE RISES, INC.
By:
Todd S. Bausch, President
Print Name
(SEAL)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of E physical presence or ❑
online notarization, this /S day of Tune✓ , 2023, by Todd S. Bausch as President of
Bausch Enterprises, Inc., a Florida corporation.
(Signature of Notary Public — State of Florida)
Print, Type or Stamp Commissioned Name of
Notary Public)
Personally Known OR Produced Identification /—�Ls
Type of Identification Produced /i- D iu 6/ease
18
61umm A. Ddetases
Notary Pubre
State of FkwkM
CorrmhMw Expires 02/08/2024
Coax MIGn No. Citi 956202
CAM #23-0426
Exhibit 3
Page 18 of 18
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Event
Name: Purchase and, Installation of Lifeguard Towers
Description: The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced, and licensed
firm(s) to provide and install Lifeguard Towers for the City, in accordance with the terms,
conditions, and specifications contained in this Invitation to Bid (ITB).
Buyer: McDonald, Kirk
Event Type: IFB
Status: Pending Award
Currency: USD
Sealed Bid: Yes Respond To All Lines: Yes
Q & A Allowed: Yes Number Of Amendments: 1
Display Bid Tabulation: Display When Event Closed For Bidding Or Canceled
Event Dates
Question
Preview:
Open: 02/28/2023 03:00:00 PM
Close: 04/04/2023 02:00:00 PM
Q & A Open: 02/28/2023 03:15:00 PM
Q & A Close: 03/29/2023 05:00:00 PM
Dispute Close:
�'Duest�ons '�
Response Type
Did you fill out and attach all required documents? Yes No Text
Meetings
Attachment
51-732.Required Documents,pdf
Meeting Description Date'
Pre-bid Site Visit -Location 1 The site visit will consist of two (2) 03/13/202310:00:00 AM
locations, upon completion of the visit
to Location 1, the group will.move to
Location 2 which is approximately a 15-
minute`drive from Location 1,
Pre-bid Site Visit - Location 2 Location'2 03/13/2023 11:30:00 AM
May S, 2623 11.35.451 Pr -A ED T
Required
No
No
Page1
CAM #23-0426
Exhibit 1
Page 1 of 43
Event # 51-1: Purchase and Installation of Lifeguard Towers
Name
51-732 Specifications
General Terms and Conditions
Attachment
51-732 Purchase and Installation of Lifeguard Towers.pdf
1. General Conditions - Rev 10-2022.pdf
Commodity Code
Description
155-48 Lifeguard and Umpire/Referee Stands
940-85 Tower Construction
940-86 Tower Maintenance and Repair
Line Details
Line 1: Purchase and Installation of Lifeguard Towers with Storage
Description: Price should include all purchase and installation costs.
The awarded Bidder will be responsible for performing all required site preparation tests, surveys, and studies to
prepare the site for the construction and install.
Item: LIFEGUARD TOWERS W/STORAGE FRAME Purchase and Installation of Lifeguard Towers with Storage
Commodity 155-48 Lifeguard and Umpire/Referee Stands
Code:
May 5, 2023 11.35:45 PM EDT Page 2
CAM #23-0426
Exhibit 1
Page 2 of 43
Event # 51-1: Purchase and Installation of Lifeguard Towers
Manufacturer MFC
Code:
Quantity: 2.0000
Require Yes
Response:
Add On No
Charges
Allowed:
Division: DIV
Unit of EA
Measure:
Price Breaks No
Allowed:
Allow Alternate No
Responses:
Line 2: Purchase and Installation of Lifeguard Towers
Description: Price should include purchase and installation costs.
The awarded Bidder shall be responsible for performing all required site preparation tests, surveys, and studies to
prepare the site for the construction and install.
Item: TOWERS WITHOUT STORAGE FRAME Purchase and Installation of Lifeguard Towers
Commodity 155-48 Lifeguard and Umpire/Referee Stands
Code:
Manufacturer MFC Division: DIV
Code:
Quantity: 1.0000 Unit of EA
Require Yes
Response:
Add On No
Charges
Allowed:
May 5, 2023 11:35:45 PM 'c1?T
Measure:
Price Breaks No
Allowed:
Allow Alternate No
Responses:
CAM #23-0426
Exhibit 1
Page 3 of 43
Page 3
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 Lifeguard Towers
for the City, in accordance with the terms, conditions, and specifications contained in this Invitation
to Bid (ITB).
1.2 Point of Contact
For information concerning procedures for responding to this solicitation, contact
Procurement Specialist, Kirk McDonald, at (954) 828-5073 or email at
kmcdonald(&fortlauderdale.00v. Such contact shall be for clarification purposes only.
For information concerning technical specifications, please utilize the question 1 answer
feature provided by the City's on-line strategic sourcing platform. 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. 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 the City's on-
line strategic sourcing platform shall become part of any contract that is created from this ITB.
1.3 Pre-bid Conference and/or Site Visit
There will be a pre-bid conference and/or site visit scheduled for this ITB. It is strongly suggested
that all Contractors attend the pre-bid conference and/or site visit.
While attendance is not mandatory, tours at other times might not be available. It is the sole
responsibility of the Contractor 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. It is strongly suggested that all Bidders attend the pre-bid meeting and/or
site visit.
It will be the sole responsibility of the Bidder to attend the pre-bid/site visit to inspect the City's
location(s) facilities 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.
If a person decides to appeal any decision made by the board, agency, or commission with
respect to any matter considered at such meeting or hearing, he or she will need a record of the
proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
1.4 CITY'S ON-LINE STRATEGIC SOURCING PLATFORM
The City of Fort Lauderdale uses its own on-line strategic sourcing platform to administer the
competitive solicitation process, including but not limited to soliciting bids, issuing addenda,
posting results, and issuing notification of an intended decision. There is no charge to register
CAM #23-0426
Exhibit 1
Page 4 of 43
and download the ITB from the City's on-line strategic sourcing platform. Bidders are strongly
encouraged to read the supplier tutorials available in the City's on-line strategic sourcing platform
well in advance of their intention of submitting a bid to ensure familiarity with the use of the City's
on-line strategic sourcing platform. The City shall not be responsible for a Bidder's inability to
submit a Bid by the end date and time for any reason, including issues arising from the use of the
City's on-line strategic sourcing platform.
It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically
through the City's on-line strategic sourcing platform no later than the time and date specified in
this solicitation. PAPER BID SUBMITTALS WILL NOT BE ACCEPTED. BIDS MUST BE
SUBMITTED ELECTRONICALLY VIA the City's on-line strategic sourcing platform.
1.5 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 the City's on-line strategic sourcing platform at the
date and time indicated on the solicitation. All openings will be held on the City's on-line strategic
sourcing 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 the
City's on-line strategic sourcing platform before the Last Day for Questions indicated in the
Solicitation.
END OF SECTION
CAM 423-0426
Exhibit 1
Page 6 of 43
SECTION II - SPECIAL TERMS AND CONDITIONS
2.1 General Conditions
ITB General Conditions (Form G-107, Rev. 09/22) 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 the City's on-line strategic sourcing platform 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 the City's on-line strategic sourcing platform 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
the City's on-line strategic sourcing platform as a separate addendum to the ITB. Under no
circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding
upon the City and should be disregarded. All addenda are a part of the competitive solicitation
documents, and each firm will be bound by such addenda. It is the responsibility of each to read
and comprehend all addenda issued.
2.3 Changes and Alterations
Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no oral
modifications will be allowed. Modifications shall not be allowed following the Bid deadline.
2.4 Bidder's Costs
The City shall not be liable for any costs incurred by Bidders in responding to this ITB.
2.5 Pricing/Delivery
All pricing should be identified on the Cost page provided in this ITB. No additional costs may be
accepted, other than the costs stated on the Bid Submittal page. Failure to use the City's Bid
Submittal page and provide costs as requested in this ITB may deem your bid non-responsive.
All pricing must include delivery and installation and be quoted FOB: Destination.
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.
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.
CAM 923-0426
Exhibit 1
Page 6 of 43
2.9 Payment Method
The City of Fort Lauderdale has implemented a Procurement Card (P -Card) program which
changes how payments are remitted to its vendors. The City has transitioned from traditional
paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of
the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks
to be printed and mailed. Payments will be made utilizing the City's P -Card (MasterCard or Visa).
Accordingly, firms must presently have the ability to accept credit card payment or take whatever
steps necessary to implement acceptance of a credit card before the commencement of a
contract. See Contract Payment Method form attached.
2.10 Mistakes
The Bidder shall examine this ITB carefully. The submission of a bid shall be prima facie evidence
that the Bidder has full knowledge of the scope, nature, and quality of the work to be performed;
the detailed requirements of the specifications; and the conditions under which the work is to be
performed. Ignorance of the requirements will not relieve the Bidder from liability and obligations
under the Contract.
2.11 Acceptance of Bids / Minor Irregularities
2.11.1 The City reserves the right to accept or reject any or all bids, part of bids, and to waive
minor irregularities or variances to specifications contained in bids which do not make the
bid conditional in nature and minor irregularities in the solicitation process. A minor
irregularity shall be a variation from the solicitation that does not affect the price of the
contract or does not give a bidder an advantage or benefit not enjoyed by other bidders,
does not adversely impact the interests of other firms, or does not affect the fundamental
fairness of the solicitation process. The City also reserves the right to reissue an ITB.
2.11.2 The City reserves the right to disqualify Bidder during any phase of the competitive
solicitation process and terminate for cause any resulting contract upon evidence of
collusion with intent to defraud or other illegal practices on the part of the Bidder.
2.12 Modification of Services
2.12.1 While this contract is for services provided to the department referenced in this ITB, the
City may require similar work for other City departments. Successful Bidder agrees to take
on such work unless such work would not be considered reasonable or become an
undue burden to the Successful Bidder.
2.12.2 The City reserves the right to delete any portion of the work at any time without cause, and
if such right is exercised by the City, the total fee shall be reduced in the same ratio as
the estimated cost of the work deleted bears to the estimated cost of the work originally
planned. If work has already been accomplished and approved by the City on any portion
of a contract resulting from this ITB, the Successful Bidder shall be paid for the work
completed on the basis of the estimated percentage of completion of such portion to the
total project cost.
2.12.3 The City may require additional items or services of a similar nature, but not specifically
listed in the contract. The Successful Bidder agrees to provide such items or services
and shall provide the City prices on such additional items or services. If the price(s)
offered are not acceptable to the City, and the situation cannot be resolved to the
satisfaction of the City, the City reserves the right to procure those items or services from
other vendors, or to cancel the contract upon giving the Successful Bidder thirty (30) days
written notice.
CAM #23-0426
Exhibit 1
Page 7 of 43
2.12.4 If the Successful Bidder and the City agree on modifications or revisions to the task
elements, after the City has approved work to begin on a particular task or project, and
a budget has been established for that task or project, the Successful Bidder will submit
a revised budget to the City for approval prior to proceeding with the work.
2.13 Non -Exclusive Contract
Bidder agrees and understands that the contract shall not be construed as an exclusive
arrangement and further agrees that the City may, at any time, secure similar or identical
services from another vendor at the City's sole option.
2.14 Sample Contract Agreement
A sample of the formal agreement template, which may be required to be executed by the
awarded vendor can be found at our website:
https://www.fortlauderdale.ciov/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.
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.
2.17.3 Proposer or principals shall have relevant experience in Lifeguard Tower construction
and or comparable project execution. Project manager assigned to the work must have
relevant experience and have served as project manager on similar projects.
2.17.4 Before awarding a contract, the City reserves the right to require that a Proposer submit
such evidence of qualifications as the City may deem necessary. Further, the City may
consider any evidence of the financial, technical, and other qualifications and abilities of
a firm or principals, including previous experiences of same with the City and
performance evaluation for services, in making the award in the best interest of the City.
CAM #23-0428
ExhIVII 1
Page 8 of 43
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
htto://www.fortlauderdale.aov/home/showdocument?id=6036.
2.19 Local Business Preference
2.19.1 Section 2-186, Code of Ordinances of the City of Fort Lauderdale, provides for a local
business preference. In order to be considered for a local business preference, a Bidder
must include the Local Business Preference Certification Statement of this ITB, as
applicable to the local business preference class claimed at the time of Bid submittal:
2.19.2 Upon formal request of the City, based on the application of a Local Business Preference
the Bidder shall within ten (10) calendar days submit the following documentation to the
Local Business Preference Class claimed:
a. Copy of City of Fort Lauderdale current year business tax receipt, or Broward County
current year business tax receipt, and
b. List of the names of all employees of the Bidder and evidence of employees' residence
within the geographic bounds of the City of Fort Lauderdale or Broward County, as the
case may be, such as current Florida driver license, residential utility bill (water,
electric, telephone, cable television), or other type of similar documentation acceptable
to the City.
2.19.3 Failure to comply at time of Bid submittal shall result in the Bidder being found ineligible
for the local business preference.
2.19.4 The complete local business preference ordinance may be found on the City's web site
at the following link:
https://Iibrary.municode.com/fl/fort lauderdale/codes/code of ordinances?nodeld=COO
R CH2AD ARTVFI DIV2PR S2-186LOBUPR
2.19.5 Definitions
a. The term "Class A business" shall mean any business that has established and
agrees to maintain a permanent place of business located in a non-residential zone,
staffed with full-time employees within the limits of the city, and shall maintain a
staffing level for the proposed work of at least fifty percent (50%) who are residents
of the City of Fort Lauderdale.
b. The term "Class B business" shall mean any business that has established and
agrees to maintain a permanent place of business located in a non-residential zone,
staffed with full-time employees within the limits of the city, or shall maintain a staffing
level for the proposed work of at least fifty percent (50%) who are residents of the
City of Fort Lauderdale.
c. The term "Class C business" shall mean any business that has established and
agrees to maintain a permanent place of business located in a non-residential zone,
staffed with full-time employees within the limits of Broward County.
CAM #23-0426
Exhibit 1
Page 9 of 43
d. The term "Class D business" shall mean any business that does not qualify as a
Class A, Class B, or Class C business.
2.20 Disadvantaged Business Enterprise Preference
2.20.1 Section 2-185, Code of Ordinances of the City of Fort Lauderdale, provides for a
disadvantaged business preference. In order to be considered for a disadvantaged
business preference, a Bidder must include a certification from a government agency,
as applicable to the disadvantaged business preference class claimed at the time of
Bid/Proposal submittal:
2.20.2 Upon formal request of the City, based on the application of a Disadvantaged Business
Preference the Bidder shall within ten (10) calendar days submit the following
documentation to the Disadvantaged Business Enterprise Preference Class claimed:
a. Copy of City of Fort Lauderdale current year business tax receipt, or the Tri -County
(Broward, Dade, West Palm Beach) current year business tax receipt, or proof of
active Sunbiz status and
b. List of the names of all employees of the Bidder and evidence of employees' residence
within the geographic bounds of the City of Fort Lauderdale or the Tri- County, as the
case may be, such as current Florida driver license, residential utility bill (water,
electric, telephone, cable television), or other type of similar documentation acceptable
to the City.
2.20.3 Failure to comply at time of Bid/Proposal submittal shall result in the Bidder being found
ineligible for the Disadvantaged Business Enterprise Preference business preference.
2.20.4 The complete disadvantaged business preference ordinance may be found on the City's
web site at the following link:
httr)s://www.fortlauderdale.00v/home/showou blisheddocument?id=56883
2.20.5 Definitions
a. The term "Disadvantaged Class 1 Enterprise" shall mean any disadvantaged
business enterprise that has established and agrees to maintain a permanent place
of business located in a non-residential zone, staffed with full-time employees within
the limits of the city, and provides supporting documentation of its City of Fort
Lauderdale business tax and disadvantaged certification as established in the city's
Procurement Manual.
b. The term "Disadvantaged Class 2 Enterprise" shall mean any disadvantaged
business enterprise that has established and agrees to maintain a permanent place
of business within the limits of the city with full-time employees and provides
supporting documentation of its City of Fort Lauderdale business tax and
disadvantaged certification as established in the city's Procurement Manual.
c. The term "Disadvantaged Class 3 Enterprise" shall mean any disadvantaged
business enterprise that has established and agrees to maintain a permanent place
of business located in a non-residential zone, staffed with full-time employees within
the limits of the Tri -County area and provides supporting documentation of its City
of Fort Lauderdale business tax and disadvantaged certification as established in
the City's Procurement Manual.
CAM #23-0426
Exhibit 1
Page 10 of 43
d. The term "Disadvantaged Class 4 Enterprise" shall mean any disadvantaged
business enterprise that does not qualify as a Class A, Class B, or Class C business,
but is located in the State of Florida and provides supporting documentation of its
disadvantaged certification as established in the City's Procurement Manual.
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.
https://www.fortlauderdale.aov/govern menttdeaartments-a-h/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://Iibrary.municode.com/fl/fort lauderdale/codes/code of ordinances?nodeld=COO
R CH2AD ARTVFI DIV2PR S2-182DIREPRAWINAW
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 Subcontractors
2.23.1 If the Contractor proposes to use subcontractors in the course of providing these services
to the City, this information shall be a part of the bid/proposal 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 subcontractor
candidate in its best interest and to require Contractor to replace subcontractor with one
that meets City approval.
2.23.2 Contractor shall ensure that all of Contractor's subcontractors perform in accordance with
the terms and conditions of this Contract. 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 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
subcontractors for payment for work performed for the City.
2.23.3 Contractor shall require all its subcontractors to provide the required insurance coverage
as well as any other coverage that the contractor may consider necessary, and any
CAM #23-0426
Exhibit 1
Page 11 of 43
deficiency in the coverage or policy limits of said subcontractors will be the sole
responsibility of the contractor.
2.24 Bid Security
NIA
2.26 Payment and Performance Bond
NIA
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, Contractor, at its
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 Contractor. Contractor shall provide the City a certificate of
insurance evidencing such coverage. Contractor's insurance coverage shall be primary
insurance for all applicable policies, as respects to the City. The limits of coverage under
each policy maintained by Contractor shall not be interpreted as limiting Contractor's
liability and obligations under this Agreement. All insurance policies shall be through
insurers authorized or eligible to write policies in the State of Florida and possess an A.M.
Best rating of A-, VII or better, 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/or endorsements shall in no way 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 exposures, 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
Policy must include coverage for contractual liability and independent contractors.
The City, a Florida municipal corporation, its officials, employees, and volunteers are to be
covered as an additional insured 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, its officials, 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.
CAM #23-0426
Exhibit 1
Page 12 of 43
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 Emplover'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, its officials, 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 ten (10) 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 or any surviving obligation of the Contractor following
expiration or early termination of the Agreement 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/Proposal/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
100 N. Andrews Avenue
Fort Lauderdale, FL 33301
CAM #23-0426
Exhibit 1
Page 13 of 43
2.26.5 The Contractor has the sole responsibility for 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 respects to the City,
a Florida municipal corporation, its officials, employees, and volunteers. Any insurance or
self-insurance maintained by the City, a Florida municipal corporation, its officials,
employees, or volunteers shall be non-contributory.
2.26.8 Any exclusion or provision in any insurance policy maintained by the Contractor that
excludes coverage required in this Agreement shall be deemed 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 Contractors 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.
2.27 Insurance — Sub -Contractors
Contractor shall require all 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.
2.28 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,
CAM #23-0426
Exhibit 1
Page 14 of 43
deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID
theft), and electronic fraud.
2.29 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.
2.30 Damage to Public or Private Property
Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems,
vehicles, etc. on or around the job site. Damage to public and/or private property shall be the
responsibility of the Contractor and shall be repaired and/or replaced at no additional cost
to the City.
2.31 Safety
The Contractor(s) shall adhere to the Florida Department of Transportation's Uniform manual on
Traffic Control for construction and maintenance work zones when working on or near a
roadway. It will be the sole responsibility of the Contractor to make themselves and their
employees fully aware of these provisions, especially those applicable to safety.
2.32 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:
2.32.1 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;
2.32.2 The excuse of performance is of no greater scope and of no longer duration than is
required by the Force Majeure;
2.32.3 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
2.32.4 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
CAM #23-0426
Exhibit 1
Page 15 of 43
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.
2.33 Canadian Companies
In the event Contractor is a corporation organized under the laws of any province of Canada or
is a Canadian federal corporation, the City may enforce in the United States of America or in
Canada or in both countries a judgment entered against the Contractor. The Contractor waives
any and all defenses to the City's enforcement in Canada, of a judgment entered by a court
in the United States of America. All monetary amounts set forth in this Contract are in United
States dollars.
2.34 News Releases/Publicity
News releases, publicity releases, or advertisements relating to this contract, or the tasks or
projects associated with the project shall not be made without prior City approval.
2.35 Approved Equal or Alternative Product Bids
The Technical Specifications contained in this solicitation are to be used as a reference only and
are not to be considered of a proprietary nature. These specifications represent a level of quality
and features that are desired by the City of Fort Lauderdale. The City is receptive to any product
that would be considered by qualified City personnel as an approved equal.
The Contractor must state clearly in their bid pages any variance to the specifications. If proposing
an approved equal or alternate product, it will be the Contractors responsibility to provide adequate
information in their bid to enable the City to ensure that the Contractor meets the required criteria.
If adequate information is not submitted with the bid, it may be rejected.
The City of Fort Lauderdale will be the sole judge in determining if the product proposed qualifies
as approved equal. The City reserves the right to award to that Contractor which will best serve
the interest of the City as determined by the City. The City further reserves the right to waive
minor variations to specifications and in the bidding process.
2.36 Contract Period
The initial contract term shall commence upon final execution of the contract by the City and shall
expire one (1) year from that date or the day after the current contract expires, whichever is later.
The City reserves the right to extend the contract for additional four (4) 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 270 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.
2.37 Cost Adjustments
NIA
2.38 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
CAM #23-0426
Exhibit 1
Page 16 of 43
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).
2.39 Contract Coordinator
The City may designate a Contract Coordinator whose principal duties shall be:
• 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.
2.40 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.
2.41 Substitution of Personnel
It is the intention of the City that the Contractor's personnel proposed for the contract will be
available for the contract term. In the event the Contractor wishes to substitute personnel, he shall
propose personnel of equal or higher qualifications and all replacement personnel are subject to
City approval. In the event substitute personnel are not satisfactory to the City and the matter
cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the Contract
for cause. See Section 5.09 General Conditions.
2.42 Ownership of Work
The City shall have full ownership and the right to copyright, otherwise limit, reproduce, modify,
sell, or use all of the work or product produced under this contract without payment of any royalties
or fees to the Contractor above the agreed hourly rates and related costs.
CAM #23-0426
Exhibit 1
Page 17 of 43
2.43 Condition of Trade -In Equipment
WA
2.44 Conditions of Trade -In Shipment and Purchase Payment
WA
2.45 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 must be completed and submitted with Bidder's response to
this ITB.
2.46 Service Organization Controls
N/A
2.47 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.
2.48 Rules and Submittals of Bids
The signer of the bid must declare that the only person(s), company or parties interested in the bid 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.
2.49 Bid Tabulations/Intent to Award
Notice of Intent to Award ContractlBid, resulting from the City's Formal solicitation process may be
found at: https://www.fortlauderdale.aov/Qovemment/departments-a-h/finance/procurement-
services/notices-of-intent-to-award. Tabulations of receipt of those parties responding to a formal
solicitation may be found at: https://www.fortlauderdale.aov/government/departments-a-
h/finance/procurement-services/bid-results, or any interested party may call the Procurement
Services Division at 954-828-5933.
2.50 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
CAM #23-0426
Exhibit 1
Page 18 of 43
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 PRRCONTRACTO-FORTLAUDERDALE.GOV, 954-828-5002, CITY
CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE,
FLORIDA 33301.
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 (2022), 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.
2.51 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.
CAM #23-0426
Exhibit 1
Page 19 of 43
SECTION III - TECHNICAL SPECIFICATIONSISCOPE OF SERVICES
3.1 Project Definition and Objective
Fort Lauderdale Ocean Rescue is seeking a one (1) year initial contract with four (4) one (1) year
renewals contingent on annual appropriation from our City Commission. In the initial year the
department will be purchasing three (3) lifeguard towers, One (1) tower without an enclosed
storage frame and two (2) towers with an enclosed storage frame. In years two (2) to five (5), it is
estimated that we will be replacing two (2) lifeguard towers per year.
The awarded Bidder shall be responsible for performing all required site preparation tests,
surveys, and studies to prepare the site for the construction and install.
Any deviations need to be approved by the city and meet OSHA standards.
3.2 Technical Specifications
3.21. Towers with enclosed frame with storage
- Walls and roof must be insulated for heat and sound reduction.
- Total height of 13'6" minimum.
- Deck structure should be 12'x12' constructed of marine grade aluminum.
- The shelter must be powder coated with marine grade powder inside and outside.
- The exterior must have a ceramic coat.
- The deck should be elevated minimum 8 feet with an option for ramp and/or stairs.
- Railing encircling deck with opening at ramp and/or stairs.
- Two (2) Flagpole holders to be included on the back of tower on opposite sides.
- The support structure shall be enclosed with composite boards for secure storage with
two barn doors for easy access.
- A board box measuring 30"x20"x12'6" long with rollers and perforated metal bottom
panel must be mounted externally off the base structure.
- Tower should have towing eyes on the skids so it can be moved.
- The walls must be straight up.
- The windows on three sides angle inwards at 14 degrees for glare reduction.
- Rear of the tower should have small window that can open and close.
- Tower should have upper shelf storage on side of front window.
- Tower should include a minimum 12" deep shelf in the front of the tower on the inside
to be used as a desk for a work area.
Tower should have three aluminum powder coated shutters to cover windows for
security and shade.
Rear window should have small shutter or awning to secure.
Shutters should have pins to secure while open and closed.
Windows must be impact glass with dark gray tint.
The three main windows should have minimal blind spots in the front.
Must be able to have a 360 -degree view of tower surroundings.
Tower should have two doors, on North and South side of Tower.
The doors must have impact windows and retractable shutters for the windows.
Doors should have stainless steel handles.
Tower must have large hatch on front wall for ventilation and smaller hatches on
CAM #23-0426
Exhibit 1
Page 20 of 43
sides underneath windows.
- Ability to achieve cross ventilation within the tower to keep the Lifeguard cool in the space.
- Towers must include lightning protection.
3.2.2 Towers without enclosed frame for storage
- Walls and roof must be insulated for heat and sound reduction.
- Total height of 13'6" minimum
- Deck structure should be 12'x12' constructed of marine grade aluminum.
- The shelter must be powder coated with marine grade powder inside and outside.
- The exterior must have a ceramic coat as well.
- The deck should be elevated a minimum of 6 feet with an option for ramp and/or stairs.
- Ramps skid footprint should be minimum of 14'x12' exclusive of skid ramps.
- Ramp should be approximately 17' long (length, width, and angle to comply with
OSHA specs) with railing along two sides.
- Railing encircling deck with opening at ramp
- Two (2) Flagpole holders to be included on the back of tower on opposite sides.
A board box measuring 30"x20"x12'6" long with rollers and perforated metal bottom
panel must be mounted externally off the base structure.
Tower should have towing eyes on the skids so it can be moved.
The walls must be straight up.
The windows on three sides angle inwards at 14 degrees for glare reduction.
Rear of the tower should have small window that can open and close.
Tower should have upper shelf storage on side of front window.
- Tower should include a minimum 12" deep shelf in the front of the tower on the inside to
be used as a desk for a work area.
Tower should have three aluminum powder coated shutters to cover windows for
security and shade.
Rear window should have small shutter or awning to secure.
Shutters should have pins to secure while open and closed.
Windows must be impact glass with dark gray tint.
- The three main windows should have minimal blind spots in the front.
Must be able to have a 360 -degree view of tower surroundings.
Tower should have two doors, on North and South side of tower.
- The doors must have impact windows and retractable shutters for the windows.
Doors must have stainless steel handles.
Tower should have large hatch on front wall for ventilation and smaller hatches on
sides underneath windows.
- Ability to achieve cross ventilation within the tower to keep the Lifeguard cool in the space.
- Towers must include lightning protection.
Any deviations need to be approved by the city and meet OSHA standards.
CAM #23-0426
Exhibit 1
Page 21 of 43
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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 1 BIDDER PROPOSAL PAGES) 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 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 fine 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 S 1,000,000 in annual gross receipts.
BLACK, which includes persons having origins in any of the Black racial groups of Africa.
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
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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. Ifa 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 a condition precedent to the effectiveness of this Agreement, 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 (1 Ith
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 (2022), as may be amended or revised. As a condition precedent to any contract for goods or services of
any amount and as a condition precedent 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 (2022), 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 (2022), 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 (2022), as may be amended or revised, 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 (2022), as may be amended or revised.
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 firth 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.
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
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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 famish 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 maybe 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 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 bid.
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.
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 QUALIFICATIONSANSPECTION: 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.
3.14 810 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.
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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 firth 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.fordauderdale.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/Codestcode_of ordinances?nodeid=coor_ch2ad_artvfr_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, famish 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 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.
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
ceniftcates 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 maybe 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.
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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 INDEMNITWHOLD 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 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 2-18T'), 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.
5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firth 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:
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I. 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 Ciry, 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 Ciry 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 arty and all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.
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 parry 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
PRRCONTRACTnFORTLAUDERDALE.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:
I. 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. 10/2022 Page 6 CAM #23-0426
Exhibit 1
Page 33 of 43
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
Name (Printed)
Title
Date
CAM #23-0426
Exhibit 1
Page 34 of 43
CONTRACTOR'S CERTIFICATE OF COMPLIANCE WITH
NON-DISCRIMINATION PROVISIONS OF THE CONTRACT
The completed and signed form should be returned with the Contractor's submittal. If not provided with submittal,
the Contractor must submit within three business days of City's request. Contractor may be deemed non-
responsive for failure to fully comply within stated timeframes.
Pursuant to City Ordinance Sec. 2-17(a)(i)(1i), bidders must certify compliance with the Non -Discrimination
provision of the ordinance.
A. Contractors doing business with the City shall not discriminate against their employees based on the
employee's race, color, religion, gender (including identity or expression), marital status, sexual orientation,
national origin, age, disability, or any other protected classification as defined by applicable law.
Contracts. Every Contract exceeding $100,000, or otherwise exempt from this section shall contain
language that obligates the Contractor to comply with the applicable provisions of this section.
The Contract shall include provisions for the following:
(i) The Contractor certifies and represents that it will comply with this section during the entire term
of the contract.
(ii) The failure of the Contractor to comply with this section shall be deemed to be a material breach
of the contract, entitling the City to pursue any remedy stated below or any remedy provided
under applicable law.
Authorized Signature Print Name and Title
Date
CAM #23-0426
Exhibit 1
Page 35 of 43
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 the credit card 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 Contractors participation in this purchasing program shall be
bome 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)
Title
Signature
Date
CAM #23-0426
Exhibit 1
Page 36 of 43
LOCAL BUSINESS PREFERENCE
Section 2-199.2, Code of Ordinances of the City of Fort Lauderdale, (Ordinance No. C-12-04), provides
for a local business preference.
In order to be considered for a local business preference, a bidder must include the Local Business
Preference Certification Statement of this ITB, as applicable to the local business preference class
claimed at the time of bid submittal.
Upon formal request of the City, based on the application of a Local Business Preference the Bidder
shall, within ten (10) calendar days, submit the following documentation to the Local Business
Preference Class claimed:
A) Copy of City of Fort Lauderdale current year business tax receipt, or Broward County current year
business tax receipt, and
B) List of the names of all employees of the bidder and evidence of employees' residence within the
geographic bounds of the City of Fort Lauderdale or Broward County, as the case may be, such as current
Florida driver license, residential utility bill (water, electric, telephone, cable television), or other type of
similar documentation acceptable to the City.
Failure to comply at time of bid submittal shall result in the bidder being found ineligible for the local
business preference.
THE COMPLETE LOCAL BUSINESS PREFERENCE ORDINANCE MAY BE FOUND ON THE
CITY'S WEB SITE AT THE FOLLOWING LINK:
httas://Iibrary.municode.com/fl/fort lauderdalelcodeslcode of ordinances?nodeld=COOR CH2
AD ARTVFI DIV2PR S2-186LOBUPR
Definitions: The term "Business" shall mean a person, firm, corporation or other business entity which
is duly licensed and authorized to engage in a particular work in the State of Florida. Business shall be
broken down into four (4) types of classes:
1. Class A Business — shall mean any Business that has established and agrees to maintain a
permanent place of business located in a non-residential zone and staffed with full-time
employees within the limits of the City and shall maintain a staffing level of the prime contractor
for the proposed work of at least fifty percent (50%) who are residents of the City.
2. Class B Business - shall mean any Business that has established and agrees to maintain a
permanent place of business located in a non-residential zone and staffed with full-time
employees within the limits of the City or shall maintain a staffing level of the prime contractor for
the proposed work of at least fifty percent (50%) who are residents of the City.
3. Class C Business - shall mean any Business that has established and agrees to maintain a
permanent place of business located in a non-residential zone and staffed with full-time
employees within the limits of Broward County.
4. Class D Business — shall mean any Business that does not qualify as either a Class A, Class B,
or Class C business.
CAM #23-0426
Exhibit 1
Page 37 of 43
LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT
The Business identified below certifies that it qualifies for the local business price preference classification as
indicated herein, and further certifies and agrees that it will re -affirm its local preference classification annually
no later than thirty (30) calendar days prior to the anniversary of the date of a contract awarded pursuant to this
ITB. Violation of the foregoing provision may result in contract termination.
(1) is a Class A Business as defined in City of Fort Lauderdale Ordinance
No. C-17-26, Sec.2-186. A copy of the City of Fort Lauderdale current
year Business Tax Receipt and a complete list of full-time employees
and evidence of their addresses shall be provided within 10 calendar
days of a formal request by the City.
Business Name
(2) is a Class B Business as defined in the City of Fort Lauderdale
Ordinance No. C-17-26, Sec.2-186. A copy of the Business Tax Receipt
or a complete list of full-time employees and evidence of their addresses
shall be provided within 10 calendar days of a formal request by the City.
Business Name
(3) is a Class C Business as defined in the City of Fort Lauderdale
Ordinance No. C-17-26, Sec.2-186. A copy of the Broward County
Business Tax Receipt shall be provided within 10 calendar days of a
formal request by the City.
Business Name
(4) requests a Conditional Class A classification as defined in the City of
Fort Lauderdale Ordinance No. C-17-26, Sec.2-186. Written certification
of intent shall be provided within 10 calendar days of a formal request
by the City.
Business Name
(5) requests a Conditional Class B classification as defined in the City of
Fort Lauderdale Ordinance No. C-17-26, Sec.2-186. Written certification
of intent shall be provided within 10 calendar days of a formal request
by the City.
Business Name
(6) is considered a Class D Business as defined in the City of Fort Lauderdale
Ordinance No. C-17-26, Sec.2-186 and does not qualify for Local
Preference consideration.
Business Name
BIDDER'S COMPANY:
AUTHORIZED COMPANY PERSON:
PRINT NAME SIGNATURE DATE
CAM #23-0426
Exhibit 1
Page 38 of 43
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PREFERENCE
Section 2-185, Code of Ordinances of the City of Fort Lauderdale, provides for a disadvantaged business preference.
In order to be considered for a DBE Preference, a bidder must include a certification from a government agency,
as applicable to the DBE Preference class claimed at the time of bid submittal.
Upon formal request of the City, based on the application of a DBE Preference the Bidder shall, within ten (10)
calendar days, submit the following documentation to the DBE Class claimed:
A) Copy of City of Fort Lauderdale current year business tax receipt, or Broward County current year business
tax receipt, or State of Florida active registration and/or
B) List of the names of all employees of the bidder and evidence of employees' residence within the geographic
bounds of the City of Fort Lauderdale or Broward County, as the case may be, such as current Florida driver
license, residential utility bill (water, electric, telephone, cable television), or other type of similar documentation
acceptable to the City.
Failure to comply at time of bid submittal shall result in the bidder being found ineligible for the disadvantaged
business preference.
THE COMPLETE DBE PREFERENCE ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE
FOLLOWING LINK: httas://www.fortlauderdale.ciov/home/shomublisheddocument?id=56883
Definitions
a. The term "disadvantaged class 1 enterprise" shall mean any disadvantaged business enterprise
that has established and agrees to maintain a permanent place of business located in a non-
residential zone, staffed with full-time employees within the limits of the city, and provides
supporting documentation of its City of Fort Lauderdale business tax and disadvantaged
certification as established in the City's Procurement Manual.
b. The term "disadvantaged class 2 enterprise" shall mean any disadvantaged business enterprise
that has established and agrees to maintain a permanent place of business within the limits of the
city with a full-time employees and provides supporting documentation of its City of Fort Lauderdale
business tax and disadvantaged certification as established in the City's Procurement Manual.
c. The term "disadvantaged class 3 enterprise" shall mean any disadvantaged business enterprise
that has established and agrees to maintain a permanent place of business located in a non-
residential zone, staffed with full-time employees within the limits of the Tri -County area and
provides supporting documentation of its City of Fort Lauderdale business tax and disadvantaged
certification as established in the City's Procurement Manual.
d. The term "disadvantaged class 4 enterprise" shall mean any disadvantaged business enterprise
that does not qualify as a Class A, Class B, or Class C business, but is located in the State of
Florida and provides supporting documentation of its disadvantaged certification as established in
the City's Procurement Manual.
CAM #23-0426
Exhibit 1
Page 39 of 43
DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION STATEMENT
The Business identified below certifies that it qualifies for the disadvantaged business enterprise price preference
classification as indicated herein, and further certifies and agrees that it will re -affirm its preference classification
annually no later than thirty (30) calendar days prior to the anniversary of the date of a contract awarded pursuant
to this solicitation. Violation of the foregoing provision may result in contract termination.
(1) is a disadvantaged class 1 enterprise as defined in the City of Fort
Lauderdale Ordinance Section 2-185 disadvantaged business enterprise that
has established and agrees to maintain a permanent place of business
located in a non-residential zone, staffed with full-time employees within the
limits of the city, and provides supporting documentation of its City of Fort
Lauderdale business tax and disadvantaged certification as established in
the City's Procurement Manual.
Business Name
(2)
BIDDER'S COMPANY:
is a disadvantaged class 2 enterprise as defined in the City of Fort
Lauderdale Ordinance Section 2-185 disadvantaged business enterprise that
has established and agrees to maintain a permanent place of business within
the limits of the city with a full-time employee(s) and provides supporting
documentation of its City of Fort Lauderdale business tax and disadvantaged
certification as established in the City's Procurement Manual.
is a disadvantaged class 3 enterprise as defined in the City of Fort
Lauderdale Ordinance Section 2-185 disadvantaged business enterprise that
has established and agrees to. maintain a permanent place of business
located in a non-residential zone, staffed with full-time employees within the
limits of the Tri -County area and provides supporting documentation of its
City of Fort Lauderdale business tax and disadvantaged certification as
established in the City's Procurement Manual.
is a disadvantaged class 4 enterprise as defined in the City of Fort
Lauderdale Ordinance Section 2-185 disadvantaged business enterprise that
does not qualify as a Class A, Class B, or Class C business, but is located in
the State of Florida and provides supporting documentation of its
disadvantaged certification as established in the City's Procurement Manual.
is not considered a Disadvantaged Enterprise Business as defined in the City
of Fort Lauderdale Ordinance Sec.2-185 and does not qualify for DBE
Preference consideration.
AUTHORIZED COMPANY PERSON:
PRINT NAME SIGNATURE DATE
CAM #23-0426
Exhibit 1
Page 40 of 43
Business Name
(3)
Business Name
(4)
Business Name
(5)
Business Name
BIDDER'S COMPANY:
is a disadvantaged class 2 enterprise as defined in the City of Fort
Lauderdale Ordinance Section 2-185 disadvantaged business enterprise that
has established and agrees to maintain a permanent place of business within
the limits of the city with a full-time employee(s) and provides supporting
documentation of its City of Fort Lauderdale business tax and disadvantaged
certification as established in the City's Procurement Manual.
is a disadvantaged class 3 enterprise as defined in the City of Fort
Lauderdale Ordinance Section 2-185 disadvantaged business enterprise that
has established and agrees to. maintain a permanent place of business
located in a non-residential zone, staffed with full-time employees within the
limits of the Tri -County area and provides supporting documentation of its
City of Fort Lauderdale business tax and disadvantaged certification as
established in the City's Procurement Manual.
is a disadvantaged class 4 enterprise as defined in the City of Fort
Lauderdale Ordinance Section 2-185 disadvantaged business enterprise that
does not qualify as a Class A, Class B, or Class C business, but is located in
the State of Florida and provides supporting documentation of its
disadvantaged certification as established in the City's Procurement Manual.
is not considered a Disadvantaged Enterprise Business as defined in the City
of Fort Lauderdale Ordinance Sec.2-185 and does not qualify for DBE
Preference consideration.
AUTHORIZED COMPANY PERSON:
PRINT NAME SIGNATURE DATE
CAM #23-0426
Exhibit 1
Page 40 of 43
Solicitation/Bid /Contract No:
Project Description:
Contractor/Proposer/Bidder acknowledges and agrees to utilize the U.S. Department of
Homeland Security's E -Verify System to verify the employment eligibility of,
A. all persons employed by Contractor/Proposer/Bidder to perform employment duties
within Florida during the term of the Contract, and,
B. ail persons (including subcontractors/vendors) assigned by Contractor/Proposer/Bidder
to perform work pursuant to the Contract.
The Contractor/Proposer/Bidder acknowledges and agrees that use of the U.S. Department of
Homeland Security's E -Verify System during the term of the Contract is a condition of the Contract.
Contractor/Proposer/ Bidder Company Name:
Authorized Company Person's Signature:
Authorized Company Person's Title:
Date:
CAM #23-0426
Exhibit 1
Page 41 of 43
A minimum of three (3) references shall be provided. It is the responsibility of the Bidder/ Proposer
to ensure that the information provided is accurate and current. The City may find your firm non-
responsive for providing wrong and or outdated information. Additional references may be
provided on a separate page.
Company Name:
Address:
Contact Person:
Title:
Phone #:
Email:
Contract Value:
Year(s):
Description:
Company Name:
Address:
Contact Person:
Title:
Phone #:
Email:
Contract Value:
Year(s):
Description:
Company Name:
Address:
Contact Person:
Title:
Phone #:
Email:
Contract Value:
Year(s):
Description:
CAM #23-0426
Exhibit 1
Page 42 of 43
CITY OF FORT LAUDERDALE BID/PROPOSAL CERTIFICATION
Please Note: It is the sole responsibility of the bidder/proposer to ensure that their response is submitted electronically
through the City's on-line strategic sourcing platform 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.fi.usn.
Company: (Legal Registration)
Address:
EIN (Optional):
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 DBE (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 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.
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.
Submitted by:
Name (printed)
Date
Signature
Title
CAM ,#23.0426
Page 43 *2022
J�.
Event # 51
Version: 1
;Name: Purchase and Installation of Lifeguard -towers
Description: The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced, and licensed firm(s)to
provide and install Lifeguard Towers for the City, in accordance With the terms, conditions, and specifications
contained in this Invitation to Bifl ITB).
Open Date: 02/28/2023 03:00:00
0 1 PM
Event Currency. USD.
Close Date: 04/04/2023 02:00:00 PM
Supplier Bid Amount
Bausch Enterprises
Inc,
PO Box 326
Port Salerno, FL 34992
Item: LIFEGUARD TOWERS W/STORAGE FRAME
Description: Purchase and Installation of Lifeguard Towers with Storage
Unit of EA Quantity: 2,0000
Measure:
268,450.100
Quantity Unit Price Extended Amount
Bausch Enterprises Inc. 2.0000 93,500,00000,000 1187,000.00
Item: TOWERS WITHOUT STORAGE, FRAME
Description: Purchase and Installation of Lifeguard Towers
April 4, 2LM Page I
Tabulation Of. Bids For Event # 51: PO' i`ehase and installation of -Lifeguard -Towers
Unit of EA Quantity: 1.0000
Measure:
Bausch Enterprises Inc.
Quantity
Unit Price Extended Amount
1.0000 81,450.00000000
81,450.00
April 4, 2023 Page 2
CONTRACTOR'S CERTIFICATE OF COMPLIANCE wrrH
NON-DISCRIMINATION PROVISIONS OF THE CONTRACT
The completed and signed form should be returned.with the Contractor's submittal. If not provided with submittal;
the Contractor must submit within three business days of City's request. Contractor may be deemed non-
responsive for failure to fully comply within stated timeframes:.
Pursuant to City Ordinance Sec.. 2A7(a)(i)(ii), bidders must certify compliance with the Non -Discrimination
provision of the ordinance.
A. Contractors doing business with the City shall not discriminate against their employees based. an the
employee's race, color, religion,;gender(induding Identihj or expression), marital` status, sexual orientation,
national origin, age, disability, or'any other protected classification as defined by applicable law.
Contracts. Every Contract exceeding $'100,000, or otherwise exempt from this section shall contain
language that obligates the Contractor to comply with the applicable provisions of this section.
The Contract shall include provisions for the fallowing -
('i) The Contractor certifies and represents that'tt,will comply with this section during the entire term
of the contract.
(ii) The failure of the Contractor to comply with this section'shall be deemed to be a material breach
of the contract, entitling the City to pursue any remedy stated below or any remedy provided
under:applicable law.
Todd S. BaUSGh _ President
Authorized Signature Print Name and Title
3-29-23
Date
Morin Non -180 0912022
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 the credit card 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
bome 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
Bausch Enterprise Inc.
Company Name
Todd S. Bausch
Name (Printed)
President
Title
Signature
3-29-23
Date
Rev. 0912022 Ip
LOCAL BUSINESS PREFERENCE
Section 2-1992, Code of Ordinances of the City of Fort Lauderdale, (Ordinance No. C-12-04), provides
for a local business preference.
In order to be considered for a local business preference, a bidder must include the Local Business
Preference Certification Statement of this ITB, as applicable to the local business preference class
claimed at the time of bid submittal.
Upon formal request of the City, based on the application of a Local Business Preference the Bidder
shall, within ten (10) calendar days, submit the following documentation to the Local Business
Preference Class claimed:
A) Copy of City of Fort Lauderdale current year business tax receipt, or Broward County current year
business tax receipt, and
B) List of the names of all employees of the bidder and evidence of employees' residence within the
geographic bounds of the City of Fort Lauderdale or Broward County. as the case may be, such as current
Florida driver license, residential utility bill (water, electric, telephone, cable television), or other type of
similar documentation acceptable to the City.
Failure to comply at time of bid submittal shall result in the bidder being found ineligible for the local
business preference.
THE COMPLETE LOCAL BUSINESS PREFERENCE ORDINANCE MAY BE FOUND ON THE
CITY'S WEB SITE AT THE FOLLOWING LINK-
hftps;lllibrary.municode.com/fl/f`ort lauderdale/codes/code of ordinances?nodeld=COOR CH2
AD ARTVFI DN2PR S2-186LOBUPR
Definitions: The tern 'Business" shall mean a person, firm, corporation or other business entity which
Is duly licensed and authorized to engage in a particular work in the State of Florida. Business shall be
broken down into four (4) types of classes:
1. Class A Business — shall mean any Business that has established and agrees to maintain a
permanent place of business located in a non-residential zone and staffed with full-time
employees within the limits of the City and shall maintain a staffing level of the prime contractor
for the proposed work of at least fifty percent (50%) who are residents of the City.
2. Class B Business - shall mean any Business that has established and agrees to maintain a
permanent place of business located in a non-residential zone and staffed with full-time
employees within the limits of the City or shall maintain a staffing level of the prime contractor for
the proposed work of at least fifty percent (60%) who are residents of the City.
3. Class C Business - shall mean any Business that has established and agrees to maintain a
permanent place of business located in a non-residential zone and staffed with full-time
employees within the limits of Broward County.
4. Class D Business — shall mean any Business that does not qualify as either a Class A. Class B,
or Class C business.
Fares N*rvW 8-400 09-2022
LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT
The Business identified below certifies that it qualifies for the local business price preference classification as
indicated herein, and further certifies and agrees that it will re -affirm its local preference classification annually
no later than thirty (30) calendar days prior to the anniversary of the date of a contract awarded pursuant to this
ITB. Violation of the foregoing provision may result in contract termination.
(1) is a Class A Business as defined in City of Fort Lauderdale Ordinance
No. C-17-26, Sec.2-186. A copy of the City of Fort Lauderdale current
year Business Tax Receipt and a complete list of full-time employees
and evidence of their addresses shall be provided within 10 calendar
days of a formal request by the City.
Business Name
(2) is a Class B Business as defined in the City of Fort Lauderdale
Ordinance No. C-17-26, Sect -186. A copy of the Business Tax Receipt
o -r a complete list of full-time employees and evidence of their addresses
shall be provided within 10 calendar days of a formai request by the City.
Business Name
(3) is a Class C Business as defined in the City of Fort Lauderdale
Ordinance No. C-17-26, Sec.2-186. A copy of the Broward County
Business Tax Receipt shall be provided within 10 calendar days of a
formai request by the City.
Business Name
(4) requests a Conditional Class A classification as defined in the City of
Fort Lauderdale Ordinance No. C-17-26, See.2-186. Written certification
of intent shall be provided within 10 calendar days of a formal request
by the City.
Business Name
(5) requests a Conditional Class B classification as defined in the City of
Fort Lauderdale Ordinance No. C-17-26, Seo.2-186. Written certification
of intent shall be provided within 10 calendar days of a formal request
by the City.
Business Name
(6) is considered a Class D Business as defined in the City of Fort Lauderdale
Bausch Ent. Ordinance No. C-17-26, Sea2-1136 and does not qualify for Local
Preference consideration.
Business Name
BIDDER'S COMPANY: Bausch Enterprises Inc.
AUTHORIZED COMPANY PERSON: Todd S.Bausch
3-29-23
PRINT NAME SIGNATURE DATE
FW= KM1S0 k&ASbn UVW.a
DISADVANTAGED BUSINESS ENTERPRISE (DOE) PREFERENCE
Section 2-185, Code of Ordinances of the City of Fort Lauderdale, provides for a disadvantaged business preference.
In order to be considered for a DBE Preference, a bidder must include a certification from a government agency,
as applicable to the DBE Preference class claimed at the time of bid submittal.
Upon formal request of the City, based on the application of a DBE Preference the Bidder shall, within ten (10)
calendar days, submit the following documentation to the DBE Class claimed:
A) Copy of City of Fort Lauderdale current year business tax receipt, or Broward County current year business
tax receipt, or State of Florida active registration and/or
B) List of the names of all employees of the bidder and evidence of employees' residence within the geographic
bounds of the City of Fort Lauderdale or Broward County, as the case may be, such as current Florida driver
license, residential utility bill (water, electric, telephone, cable television), or other type of similar documentation
acceptable to the City.
Failure to comply at time of bid submittal shall result in the bidder being found ineligible for the disadvantaged
business preference.
THE COMPLETE DOE PREFF.RENCI~ ORDINANCE MAY OE FOUND ON THE CITY'S WEB SITE AT THE
FOLLOWING LINK: httas:!/www.fortlauderdaie.eov_lhomelshowi)ubiisheddocument?id=56883
Definitions
a. The term "disadvantaged class 1 enterprise" shall mean any disadvantaged business enterprise
that has established and agrees to maintain a permanent place of business located in a non-
residential zone, staffed with full-time employees within the limits of the city, and provides
supporting documentation of its City of Fort Lauderdale business tax and disadvantaged
certification as established in the City's Procurement Manual.
b. The term "disadvantaged class 2 enterprise" shall mean any disadvantaged business enterprise
that has established and agrees to maintain a permanent place of business within the limits of the
city with a full-time employees and provides supporting documentation of Its City of Fort Lauderdale
business tax and disadvantaged certification as established in the City's Procurement Manual.
c. The term "disadvantaged class 3 enterprise" shall mean any disadvantaged business enterprise
that has established and agrees to maintain a permanent place of business located In a non-
residential zone, staffed with full-time employees within the limits of the Tri -County area and
provides supporting documentation of its City of Fort Lauderdale business tax and disadvantaged
certification as established in the City's Procurement Manual.
d. The term "disadvantaged class 4 enterprise" shall mean any disadvantaged business enterprise
that does not qualify as a Class A, Class B, or Class C business, but is located in the State of
Florida and provides supporting documentation of Its disadvantaged certification as established In
the City's Procurement Manual.
F a— ern -t= Ra"w O"rtv12
DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION STATEMENT
The Business identified below certifies that it qualifies for the disadvantaged business enterprise price preference
classification as Indicated herein, and further certifies and agrees that it will re -affirm its preference classification
annually no later than thirty (30) calendar days prior to the anniversary of the date of a contract awarded pursuant
to this solicitation. Violation of the foregoing provision may result in contract termination.
is a disadvantaged class I enterprise as defined in the City of Fort
Lauderdale Ordinance Section 2-185 disadvantaged business enterprise that
hss established and agrees to maintain a permanent place of business
located in a non-residential zone, staffed with full-time employees Within the
limits of the city, and provides supporting documentation of its City of Fort
Lauderdale business tax and disadvantaged certification as established in
the city's Procurement Manual.
Business Name
M is a disadvantaged class 2 enterprise as defined in the City of Fort
Lauderdale Ordinance Section 2-113.5 disadvantaged business enterprise that
has established and agrees to maintain a permanent place of business within
the. limits of the city with a full-time employee(s) and provides supporting
documentation of Its City of Fort Lauderdale business tax and disadvantaged
certification as established in the City's Procurement Manual,
Business Name
(3) is a disadvantaged class 3 enterprise as defined In the City of Fort
Lauderdale Ordinance Section 2-185 disadvantaged business enterprise that
has established and agroos to maintain a permanent place of business
located in a non-residential zone, staffed with full-time employees within In the
limits of the Tri -County area and prq.vide-s supporting documentation of its
City of Fort Lauderdale business tax and disadvantaged certification as
established In the City's Procurement Manual.
Business Name
(4) is a disadvantaged class 4 enterprise as defined in the City of Fort
Lauderdale Ordinance Section 2-1'85 disadvantaged business enterprise that
does riot qualify as a Class A. Class B, or Class C business, but is located in
the State of Florida and provides supporting documentation of its
disadvantaged, certification. as established In the City's Procurement Manual.
Business Name
(5) is not considered, a Disadvantaged Enterprise Business as defined in the City
Bausch Ent. of Fort Lauderdale Ordinance Sec.2-185 and does not qualify for DBE
I ----du s -in e s _sNia * me Preference consideration.
BIDDER'S COMPANY: Bausch Enterprises Inc.
AUTHORIZED COMPANY PERSON: Todd S. Bausch 3-29-23
PRINT NAME SIGNATURE DATE
Fortes Non -180 Revision 09-2022
E -VERIFY AFFIRMATION STATEMENT
Solicitation/Bid /Contract No: ITB# 51-732
Project Description:
City of Fort Lauderdale Purchase and Installation of
Lifeguard Towers
Contractor/Proposer/Bidder acknowledges and agrees to utilize the U.S. Department of
Homeland Security's E Verify System to verify the employment eligibility of,
A. all persons employed by Contractor/Proposer/Bidder to perform employment duties
within Florida during the term of the Contract, and,
B. all persons (including subcontractors/vendors) assigned by Contractor/Proposer/Bidder
to perform work pursuant to the Contract
The Contractor/Proposer/Bidder acknowledges and agrees that use of the U.S. Department of
Homeland Security's E -Verify System during the term of the Contract is a condition of the Contract.
Contractor/Proposer/ Bidder Company Name: Bausch Enterprises Inc.
Authorized Company Person's Signature:
Authorized Company Person's Titin: President
Date:
3-29-23
A minimum of three (3) references shall be provided. It is the responsibility of the Bidder/ Proposer
to ensure that the information provided is accurate and current. The City may find your firm non-
responsive for providing wrong and or outdated information. Additional references may be
provided on a separate page.
Company Name: Palm Beach County Parks and Recreation
Address:
14775 US 1 Jupiter, FL 33477
Contact Person:
Julia Leo
Title:
Ocean Rescue Chief
Phone #:
561-6947482
Email:
jleo@pbcgov.org
Contract Value:
$7770
Year(s):
212023
Description:
new Mobile Watch Tower Prototype
Multiple Zero and LR Towers over the past 8 years
Company Name: City of Dania Beach
Address:
230 SW 12th Ave. Dania Beach, FL 33004
Contact Person:
Mike Huck
Title:
Ocean Rescue Chief
Phone #:
954-651-5066
Email:
mhuck@daniabeachfl.gov
Contract Value:
$98.277
Year(s):
412021
Description:
2 Zero Towers with custom powder colors
Company Name: Indian River County
Address:
1800 27th St. Vero Beach, FL 32960
Contact Person:
Johnathan Billings
Title:
Ocean Rescue Chief
Phone #:
772-913-0030
Email:
jbillings@ircgov.com
Contract Value:
$90,275
Year(s):
1212022.
Description:
Zero Tower with storage enclosure - Round Island
NON -COLLUSION STATEMENT
By signing this offer, the vendor/contractor certifies that this offer is made independently and free
from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or
any relative of any such officer or employee who is an officer or director of, or has a material
interest in, the vendors business, who is in a position to influence this procurement.
Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of
specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any
other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to
influence this procurement.
For purposes hereof, a person has a material interest if they directly or indirectly own more than 5
percent of the total assets or capital stock of any business entity, or if they otherwise stand to
personally gain if the contract is awarded to this vendor.
In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 8.10.8.3,
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
Todd S. Bausch
Name (Printed)
President
Title
3-29-23
Date
Rev 09-2022
CITY OF FORT LAUDERDALE BIDIPROPOSAL CERTIFICATION
Please Nota: It is the sole responsibility of the bidder/proposer to ensure that their response is submitted electronically
through the City'S on-line strategic sourcing platform prior to the bit 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) Bausch Enterprise Inc. EIN (Optional): 65-0633847
Address: 3171 SE Waaler St.
city: Stuart State: Florida
Zip: 34997
Telephone No.: 772-220-6652 FAX No.: 772-220-6653 Email: todd@bauschenterpdses.com
Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): 45 days
Total Bid Discount (section 1.05 of General Conditions): 5%
Check box if your firm qualifies for DBE (section 1.09 of General Conditions): 0
ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are
included in the proposal:
Addendum No. Date issued Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued
1 3-29-23
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 WA.
The below signatory hereby agrees to fumish 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 coven; all terms, conditions, and
specifications of this bid/pmposal. 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.
Submitted by:
Todd S. Bausch
Name (printed)
3-29-23
-bate
Signature
President
Title
revised 09-2022
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment C
BAUSCH ENTERPRISES, INC. 17
�\ o,•" U'N 1KA(,1 Vl( l�lr tt®�V i l.V 1 1 Li1J1\1u'1trA11Vt
yR yY. fLOP� F
[PURSUANT To FLORIDA STATUTE § 287.1351
on behalf of a 5�'
Print Name Company Nam
certifies tha -�Conm�p
-r1s5 e does not:
y Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism
Sectors List; and
5. Has not engaged in business operations in Cuba or Syria_
Signature
Title
Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment D
BAUSCH ENTERPRISES, INC. 18
to the contract registers with and uses the E -Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further, the contractor must also require and
maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to
ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit
the E -Verify website (n-tti)s://www.e-verify.gov/emplovers/enrolling-in-e-verify) and follow the
instructions. The contractor must, as usual, retain the 1-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with E -Verify requirements.
Offeror Signature
P int Name
(5-6(33F/-/7
Federal Employer Identification Number (FEIN)
& " 3 _a 45'
Date
�riAW
TWO
Sworn to and subscribed before me on this this � day of�. � r -_o- —12025.
By �� S
❑ Is personally known to me
Has produced identification (type of identification produced:
�)uwe>r Ltc&,,%
Q-1� ANGELA D ARBOGAST
Notary Public - North CarUli]2027
nature of Notary Public Avery county
My Commission Expires Nov 13,
I Ik t i 3� 2
Print or Stamp of Notary Public Expiration Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment E
BAUSCH ENTERPRISES, INC. 19
A���MM1• tiv �M� � - - - -
city of Sunny Isles Beach:
13070 Qq#i is ,avenue
Sunny Isles Beach, FL. 33100.
Tel,gponq. (305) 9.47-06.03
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of
perjury, as follows:
1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida
Statutes. (Source: § 787.06 (13), Florida Statutes Human Trafficking).
2. The undersigned is authorized to execute this affidavit on behalf of Entity.
Date: & — 3 ® 1, 20��® Signe
Entity:13ALs rl Nam(
Title:
STATE OF cJhQ*,0 (U v& °'-"
COUNTY OF
The foregoing instrument was acknowledged before me, by means of physical presence or ❑
online notarization, this day of 20 Z�, by
Tam S ' as �s, 1 for
l? ,ScA-- CCAI . who is personally known to
me or who has produced 'F� bf-1-1114-v' as identification.
,`•ppwwR��
Notary Public Signature:a�'`�`
Print Name.
ANGELA D ARBOGAST
Notary Public - North Carolina
Avery County
My Commission Expires Nov 13, 2027
State of F-lerida at Large (Seal)
My commission expires: A(312,)2--7
`( 312`)2-_7
cf a
iy OF 5tMN T
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Fabricio Volpi, Public Works Director
DATE: April 17, 2025
RE: Resolution Approving the Purchase of a New Lifeguard Tower from Bausch
Enterprises Inc.
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
Staff is recommending the City Commission approve the purchase of a new lifeguard tower from Bausch
Enterprises Inc., through a piggyback contract with the City of Fort Lauderdale.
This tower will replace the existing lifeguard tower located at 163rd Street [16275 Collins Ave -Beach
access], which is currently in disrepair and no longer suitable for use.
The proposed lifeguard tower is constructed from marine grade aluminum, offering enhanced durability
and significantly reducing maintenance requirements over time. It also features:
• A bottom enclosure suitable for storing UTVs and other Ocean Rescue equipment
• Composite decking for improved longevity and safety
• Impact -resistant windows for enhanced storm resilience with accordion shutters
• 8 -foot deck elevation
Bausch Enterprises Inc. is a reputable vendor currently supplying similar structures to Fort Lauderdale
Item Number: 9.F
221
and Dania Beach Ocean Rescue and several municipalities along Florida's west coast. This consistency in
deployment demonstrates the reliability and quality of the product.
The purchase will be made through a piggyback agreement utilizing the existing competitively bid
contract between Bausch Enterprises Inc. and the City of Fort Lauderdale. This method ensures
compliance with procurement policies while offering cost -efficiency and expedited delivery.
Bausch Enterprises Inc. has agreed to provide the lifeguard tower to our specifications in an amount not
to exceed $93,500.00. Staff is requesting approval for an additional $9,350.00 as contingency, if
needed. The total contract amount will not exceed $102,850.00.
ADDITIONAL INFORMATION:
Tower 163 is an original lifeguard tower that is currently over 25 years old. It is smaller and shorter than
all other towers and is beyond repair.
FUNDING SOURCE:
This was budgeted for FY24-25 under Public Works Operations Capital Outlay, account no. 001-5-5393-
463000-00000.
ATTACHMENTS:
Resolution
Agreement
LG Tower Photo.pdf
Item Number: 9.F
222