HomeMy WebLinkAboutReso 2026-3946RESOLUTION NO.2026 - ✓ i c�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, TERMINATING THE EXISTING AGREEMENT WITH BETTOLI TRADING
CORPORATION FOR VENDING MACHINE SERVICES; APPROVING AN AGREEMENT
WITH COMPASS GROUP USA, INC. TO PROVIDE VENDING MACHINE SERVICES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 191h, 2022, via Resolution No. 2022-3340, the City Commission of the
City of Sunny Isles Beach (the "City") approved an agreement with Bettoli Trading Corporation,
d/b/a Bettoli Vending ("Bettoli"), for vending machine services at various City locations; and
WHEREAS, Bettoli has provided satisfactory vending services to the City since 2010; and
WHEREAS, on August 20th, 2025, Compass Group USA, Inc. ("Compass") acquired Bettoli,
resulting in Compass becoming the successor -in -interest to Bettoli with respect to vending
machine operations; and
WHEREAS, the City of Pembroke Pines ("Pembroke Pines") issued Request for Proposal No.
RE-24-04 (the "RFP"), to furnish, install, stock, replenish, and maintain beverage and snack vending
machines (the "Services") at various Pembroke Pines locations in exchange for a monthly revenue
share; and
WHEREAS, on October 15, 2025, Pembroke Pines approved an Assignment, Assumption,
and Consent Agreement between Pembroke Pines, Bettoli, and Compass ("Assignment
Agreement"), formally recognizing Compass as the contractor under the RFP; and
WHEREAS, the contract awarded by Pembroke Pines provides that the it shall receive
twenty percent (20%) of Compass' gross sales from all vending machine sales on Pembroke Pines
properties; and
WHEREAS, Compass has agreed to honor and maintain the previously agreed upon
percentage of gross sales by Bettoli of twenty-seven percent (27%); and
WHEREAS, Compass is a certified and insured company with the necessary experience to
provide the desired Services; and
WHEREAS, the City wishes to approve an Agreement with Compass to provide the desired
Services, attached hereto as Exhibit "A", where Compass shall pay to the City a license fee equal to
twenty-seven percent 27% of the gross sales from all vending machines located on City property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with
@BCL@8416E6AA Page 1 of 2
724
Compass to provide the desired Services, attached hereto as Exhibit "A", where Compass shall pay
to the City a license fee equal to twenty-seven percent 27% of the gross sales from all vending
machines located on City property.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 15th day of nuary, 026.
i yC-1
AT1<ESTie /1 -. /r
Maurikio Betanlcur, CIVIC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Wain E. Boileau for Nabors, Giblin, &
Nickerson, P.A.
Moved bytWW6119yoc. Seconded by:
Vote:
Mayor Svechin V/ (Yes) (No)
Vice Mayor Lama- (Yes) (No)
Commissioner Joseph Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
@BCL@8416E6AA Page 2 of 2
725
Docusign Envelope ID: A6158799-C7BC-4838-B581-OC84CDE5OB97
SJNNY She
y.,n AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND COMPASS GROUP USA, INC.
F LO P�
CTr OFSUN '�4
CONTRACT NO.2025-9213
THIS CONTRACTUAL AGREEMENT (hereinafter "Agreement") is made this Vday
��
of 2026, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter
"City"), and COMPASS GROUP USA, INC. by and through its Canteen Division, a foreign
corporation authorized to do business in the State of Florida, whose Federal Employer Identification
(FEI) Number is 56-1874931 (hereinafter "Contractor").
RECITALS
WHEREAS, the City is in need of a contractor to provide vending machine products and
services at various locations, including the Government Center, Pelican Community Park,
Samson Ocean Front Park, Heritage Park, Town Center Park, and The Spot ("Services"); and
WHEREAS, the City of Pembroke Pines issued Request for Proposal No. RE-24-04,
entitled "Vending Machine Services at Various Pembroke Pines Locations" and on June 25, 2024,
the City of Pembroke Pines approved an award to, and contract with, Bettoli Trading Corp., for
an initial two (2) year term, terminating on August 2, 2026, with the option to renew for two (2)
additional two (2) year terms; and
WHEREAS, effective August 20, 2025, Contractor acquired Bettoli Trading Corp., and
on October 15, 2025, the City of Pembroke Pines approved an Assignment, Assumption, and
Consent Agreement with Contractor and Bettoli Trading Corp., and effectively assigned its
Agreement with Bettoli Trading Corp. to Contractor; 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 wishes to enter into an agreement with Contractor, using the City of
Pembroke Pines' bid and pricing information, to provide the Services, subject to the terms and
conditions contained herein; and
WHEREAS, the City wishes to enter into an agreement with Contractor to provide the
desired Services. whereupon the Contractor shall pay to the City a License Fee equal to 27% of the
gross sales from all vending machine sales located on City property.
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.
COMPASS GROUP USA, INC.
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
as well as the terms and conditions of the City of Pembroke Pines RFP No. RE-24-04, entitled
"Vending Machine Services at Various Pembroke Pines Locations," Contractor's Proposal thereto,
and the resulting contract dated June 25, 2024, which are specifically incorporated herein as
Composite Exhibit "A" (hereinafter referred to as "Contract Documents").
3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions
set forth in the Contract Documents at the following locations within the City: Government Center,
Pelican Community Park, Samson Ocean Front Park, Heritage Park, Town Center Park, and
The Spot (hereinafter referred to as "Services").
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. TERM. Subject to the provisions relating to the termination of this Agreement asset forth
hereunder, the term of this Agreement shall commence upon execution of this Agreement by all
Parties and shall expire on August 2, 2026. Prior to, or upon completion of the initial term, the City
has the option at its sole discretion to renew this Agreement for two (2) additional two (2) year
renewal terms.
5. COMPENSATION. In consideration for the City entering into this Agreement, which
grants Contractor certain rights to provide the Services on City -owned property and receive
resulting revenues, the Contractor shall pay to the City a license fee equal to 27% of the gross sales
from all vending machines sales on City property in accordance with the terms and conditions
outlined in the Contract Documents (the "License Fee"), which shall be payable on a monthly basis
within thirty (30) calendar days following the end of each month. No amount shall be paid to
Contractor to reimburse its expenses. Contractor shall generate and attach a gross sales report for
every vending machine covered under this Agreement when submitting payment of the License
Fee to the City.
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
COMPASS GROUP USA, INC.
Docusign Envelope ID: AB1 58799-C7BC-4838-B581 -OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 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. BACKGROUND CHECK. Prior to performing work in the City pursuant to the
Agreement, Contractor, and managers, employees, independent contractors, and any
subcontractors of Contractor (collectively "Personnel") that will perform work under this
Agreement shall be required to undergo a criminal background check consisting of a Florida
Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime
Information Center ("FCIC/NCIC") criminal records check. Any Personnel not meeting this
requirement will not be permitted to perform work under this Agreement. The background check
will be performed by the City's Human Resources Department, at the Contractor's sole expense.
Failure of Contractor to comply with this provision, shall be cause for termination of the
Agreement.
The Contractor's Personnel shall wear an identifiable uniform shirt provided by the Contractor,
and maintain a clean, neat appearance.
8. 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.
9. 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. Contractor will have the right to self -
insure for any of the coverages below and shall list the City as an additional insured on its
Comprehensive General Liability, Business Automobile Liability and Umbrella Liability policies.
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 Ten
Million Dollars ($10,000,000) 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 Two Million Dollars ($2,000,000) per accident.
D. Umbrella or Excess Liability policy of not less than Ten Million Dollars
COMPASS GROUP USA, INC.
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
($10,000,000) 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.
The Comprehensive General Liability Insurance 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
insurance evidencing the minimum required coverage and shall be appropriately endorsed
for contractual liability, with the City listed as additional insured on the Comprehensive
General Liability, Automobile Liability and Umbrella Liability coverages. All certificates
shall be in forms and issued by insurance companies reasonably acceptable to the City Manager
or his designee. All 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.
10. POLYSTYRENE PROHIBITION. City Ordinance 2021-564 ("Polystyrene Ordinance")
prohibits individuals and temporary vendors who are located on or operating on City Property or
a City Facility, as defined therein, from carrying or using expanded polystyrene food service
articles. In accordance with City's Polystyrene Ordinance, any and all vending machines provided
by Contractor located or operating on City Property or a City Facility shall not contain any products
that violate the prohibition against carrying or use of expanded polystyrene food service articles.
It shall be the sole responsibility of the Contractor to ensure its products comply with the City's
Polystyrene Ordinance.
11. 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,
COMPASS GROUP USA, INC. 4
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
1. 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 A(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.
12. LIQUIDATED DAMAGES.
Failure to meet the following obligations, including any extension granted in writing by the City,
shall require the Contractor to pay the City, as liquidated damages and not as a penalty, a minimum
amount equal to Twenty -Five Dollars ($25.00) per day:
A. Contractor shall check and fill vending machines twice per week, once Monday and
a second time on Fridays, to ensure they are fully stocked and operational.
B. Contractor will address any service calls initiated by the City within one (1) day,
seven (7) days a week.
13. 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
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.
14. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, 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,
COMPASS GROUP USA, INC.
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
15. 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 parry 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.
16. 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 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
COMPASS GROUP USA, INC.
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
If to the Michael Coffey, Division President With a copy to:
Contractor: 28100 US Hwy 19N, STE 307 Canteen Managing Legal Counsel
Clearwater, FL 33761 Compass Group USA, Inc.
Tel: (206) 391-0435 2400 Yorkmont Road
Michael.Coffe com ass-usa.com Charlotte, NC 28217
17. 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.
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, 4t'
Floor, Sunny Isles Beach, Florida 33160.
18. 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.
19. 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
COMPASS GROUP USA, INC.
Docusign Envelope ID: A6158799-C7BC-4838-B581-OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
20. 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.
21. 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.
22. 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."
23. 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
COMPASS GROUP USA, INC.
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 `B." 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.
24. 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 parry 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 "C."
25. 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),
Florida Statutes. Contractor must submit the affidavit that is attached to this Agreement as
Attachment "D," 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.
26. 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.
COMPASS GROUP USA, INC.
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first written above.
COMPASS GROUP USA, INC.
DocuSigne""d by:
By: AZ' cho
Michael Co ey, Division President
STATE OF Florida
COUNTY OF Pinellas
The foregoing instrument was acknowledged before me by means of V physical presence or ❑
online notarization, this 6thday of Janrermy 2026, by Michael Coffey, as Division President of
Compass Group USA, Inc. April
� - ak
(SEAL) N ry blic, Sta of Florida
(Signature of Notary Public)
�`'•a• wca.aF MW
Cobrotsef #NH$?41Z4
�''tosctd�° 31,210
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
Personally Known V or Produced Identification
Type of Identification Produced:
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
COMPASS GROUP USA, INC. 10
Docusign Envelope ID: A6158799-C7BC-4838-B581-OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
TTE T. �� 1, CITY OF U NY ISLES BEACH
iP
'I3:.. BY:
M�rr'o etanur - Larisa gvechin, Mayor
CMC City Clerk
IM
Department Head
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
A ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
COMPASS GROUP USA, INC. 11
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE501397
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment A
COMPASS GROUP USA, INC. 12
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE50697
Docusign Envelope ID: 6BO50412-BB53-4701-ADDF-476C8136OE34
City of Pembroke Pines
FIRST AMENDMENT TO
VENDING MACHINE SERVICES AGREEMENT
BETWEEN THE CITY OF PEMBROKE PINES AND
COMPASS GROUP USA, INC.
THIS AMENDMENT ("First Amendment"), dated October 23, 2025 is entered
into by and between:
THE CITY OF PEMBROIKE PINES, a municipal corporation
organized and operating under the laws of the State of Florida, with an
address of 601 City Center Way, Pembroke Pines, FL 33025,
hereinafter referred to as "CITY",
and
COMPASS GROUP USA, INC., a For Profit Corporation as listed with
the Florida Division of Corporations, with a business address of 2400
Yorkmont Road, Tax Department, Charlotte, NC 28217, hereinafter
referred to as "CONTRACTOR". "CITY" and "CONTRACTOR' may
hereinafter be referred to collectively as the "Parties" and individually as
a 'Tarty".
WHEREAS, on June 25, 2024, CITY and BETTOLI TRADING CORP. entered into the
Vending Machine Services Agreement ("Original Agreement") pursuant to Request for Proposals
("RFP") # RE-24-04, for an initial two (2) year period, which will naturally expire on August
2, 2026; and,
WHEREAS BETTOLI TRADING CORP. conveyed its intention to enter into an
Assignment, Assumption and Consent Agreement with COMPASS GROUP USA, INC., as the
successor company to assume all obligations presently reserved to BETTOLI TRADING CORP.
under this Agreement; and,
WHEREAS, effective August 20, 2025, COMPASS GROUP USA, INC. acquired
BETTOLI TRADING CORP.; and,
WHEREAS Section 22.4 of the Original Agreement provides that any change of
ownership of BETTOLI TRADING CORP. shall constitute an assignment which requires CITY
approval; and,
WHEREAS, on October 15, 2025 1. the City Commission approved that certain
document entitled "Assignment, Assumption, and Consent Agreement" between the CITY,
BETTOLI TRADING CORP. and COMPASS GROUP USA, INC.; and,
WHEREAS the Parties desire to supplement the terms of the Original Agreement, as
Page 1 of 8 2047-20250925 v, I
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
Docusign Envelope ID: 6BO50412-BB53-4701-ADDF-476C81360E34
@ City of Pembroke Pines
amended, as set forth in this First Amendment.
WITNESSETH
NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and
other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties
hereto agree as set forth below:
SECTION 1. The recitations set forth in the above "WHEREAS" clauses are true and
correct and incorporated herein by this reference.
SECTION 2. The Original Agreement is hereby assigned to COMPASS GROUP USA,
INC.
SECTION 3. The contact information set forth in Section 22.6 of the Original Agreement,
as amended, is hereby amended as set forth below :
CITY: Charles F. Dodge, City Manager
City of Pembroke Pines
601 City Center Way, e Floor
Pembroke Pines, Florida 33025
Telephone No. (954) 450-1040
Copy To: Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
CONTRACTOR: Michael Coffey, President Division I
Compass Group USA, Inc.
2400 Yorkmont Road, Tax Department
Charlotte, NC 28217
E-mail: Michael.Coffev encompass-usa.com
SECTION 4. Scrutinized Companies.
4.1 CONTRACTOR, its principals or owners, certify that they are not listed on the
Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in
Sudan List, Scrutinized Companies with Activities in Iran Terrorism Sectors List, or is
engaged in business operations with Syria. In accordance with Section 287.135, Florida
Statutes, as amended, a company is ineligible to, and may not, bid on, submit a proposal
for, or enter into or renew a contract with any agency or local governmental entity for goods
or services of:
Page 2 of 8 2047-20250925 v.l
Docusign Envelope ID: AB1 58799-C7BC-4838-B581 -OC84CDE5OB97
Docusign Envelope ID: 6B050412-BB53-4701-ADDF-476C8136OE34
=: City of Pembroke Pines
4.1.1 Any amount if, at the time bidding on, submitting a proposal for, or entering
into or renewing such contract, the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is
engaged in a boycott of Israel; or
4.1.2 One million dollars or more if, at the time of bidding on, submitting a
proposal for, or entering into or renewing such contract, the company:
4.1.2.1 Is on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in Iran Terrorism Sectors List,
created pursuant to Section 215.473, Florida Statutes; or
4.1.2.2 Is engaged in business operations in Syria.
SECTION 5. Employment Eligibility. CONTRACTOR certifies that it is aware of
and complies with the requirements of Section 448.095, Florida Statues, as may be amended from
time to time and briefly described herein below.
5.1 Definitions for this Section.
5.1.1 "Contractor" means a person or entity that has entered or is attempting to
enter into a contract with a public employer to provide labor, supplies, or services
to such employer in exchange for salary, wages, or other remuneration.
"Contractor" includes, but is not limited to, a vendor or consultant.
5.1.2 "Contractor" includes, but is not limited to, a vendor or consultant.
5.1.3 "Subcontractor" means a person or entity that provides labor, supplies, or
services to or for a contractor or another subcontractor in exchange for salary,
wages, or other remuneration.
5.1.4 "E-Verify system" means an Internet -based system operated by the United
States Department of Homeland Security that allows participating employers to
electronically verify the employment eligibility of newly hired employees.
5.2 Registration Requirement; Termination. Pursuant to Section 448.095, Florida
Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify
system in order to verify the work authorization status of all newly hired employees.
Contractor shall register for and utilize the U.S. Department of Homeland Security's E-
Verify System to verify the employment eligibility of:
5.2.1 All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract; and
5.2.2 All persons (including subvendors/subconsultants/subcontractors) assigned
by Contractor to perform work pursuant to the contract with the City of Pembroke
Pines. The Contractor acknowledges and agrees that registration and use of the U.S.
Department of Homeland Security's E-Verify System during the term of the
contract is a condition of the contract with the City of Pembroke Pines; and
Page 3 of 8 2047-20250925 v.l
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
Docusign Envelope ID: 6BO50412-BB53-4701-ADDF-476C81360E34
@ City of Pembroke Pines
5.2.3 The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat., 'Employment Eligibility," as amended from time to time. This includes, but
is not limited to, registration and utilization of the E-Verify System to verify the
work authorization status of all newly hired employees. Contractor shall also
require all subcontractors to provide an affidavit attesting that the subcontractor
does not employ, contract with, or subcontract with, an unauthorized alien. The
Contractor shall maintain a copy of such affidavit for the duration of the contract.
Failure to comply will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute, the subcontract must be terminated immediately.
,Any challenge to termination under this provision must be filed in the Circuit Court
no later than twenty (20) calendar days after the date of termination. Termination
of this Contract under this Section is not a breach of contract and may not be
considered as such. If this contract is terminated for a violation of the statute by
the Contractor, the Contractor may not be awarded a public contract for a period of
one (1) year after the date of termination.
SECTION 6. Public Entitv Crimes. Pursuant to Section 287.133(2)(a), Fla. Stat., a
person or affiliate, as defined in Section 287.133(1), Fla. Stat., 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 thirty-five thousand dollars ($35,000.00) for a period of thirty-six (36) months
following the date of being placed on the convicted vendor list. By executing this First
Amendment, the CONTRACTOR represents and warrants that neither it nor any of its affiliates is
currently on the convicted vendor list.
SECTION 7. Discriminatory Vendor List. Pursuant to Section 287.134(2)(a), Fla. Stat.,
an entity or affiliate, as defined in Section 287.134(1), who has been placed on the discriminatory
vendor list 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. By executing this First Amendment, the CONTRACTOR
represents and warrants that neither it nor any of its affiliates is currently on the discriminatory
vendor list.
SECTION 8. Human Trafficking. Pursuant to Section 787.06(13), Fla. Stat.,
nongovernmental agencies contracting with CITY are required to provide an affidavit attesting
that the nongovernmental agency does not use coercion for labor or services as defined within
Section 787.06, Fla. Stat. By executing this First Amendment and submitting the executed required
affidavit, the CONTRACTOR represents and warrants that it does not use coercion for labor or
services as provided by state law.
Page 4 of 8 2047.20250925 v.]
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
Docusign Envelope ID: 6BO50412-BB53-4701-ADDF-476C8136OE34
�--�' - City of Pembroke Pines
SECTION 9. Antitrust Violations. Pursuant to Section 287.137, Florida Statutes, as
may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list
(electronically published and updated quarterly by the State of Florida) following a conviction or
being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any
new contract to provide any goods or services to a public entity; may not submit a bid, proposal,
or reply for a new contract with a public entity for the construction or repair of a public building
or public work; may not submit a bid, proposal, or reply on new leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a new contract with a public entity; and may not transact new business with a public entity.
By entering into this First Amendment, CONTRACTOR certifies neither it nor its affiliate(s) are
on the antitrust violator vendor list at the time of entering this First Amendment. False certification
under this paragraph or being subsequently added to that list will result in termination of the
Original Agreement, as amended, at the option of the CITY consistent with Section 287.137,
Florida Statutes, as amended.
SECTION 10. Comnliance. with Foreign Entity Laws. CONTRACTOR ("Entity")
hereby attests under penalty of perjury the following:
10.1 Entity is not owned by the government of a foreign country of concern as defined
in Section 287.138, Florida Statutes. (Source: Section 287.138(2)(a), Florida
Statutes);
10.2 The government of a foreign country of concern does not have a controlling interest
in Entity. (Source: Section 287.138(2)(b), Florida Statutes);
10.3 Entity is not owned or controlled by the government of a foreign country of
concern, as defined in Section 692.201, Florida Statutes. (Source: § 288.007(2),
Florida Statutes);
10.4 Entity is not a partnership, association, corporation, organization, or other
combination of persons organized under the laws of or having its principal place of
business in a foreign country of concern, as defined in Section 692.201, Florida
Statutes, or a subsidiary of such entity. (Source: Section 288.007(2), Florida
Statutes);
10.5 Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes.
(Source: Section 692.202(5)(a)(1), Florida Statutes); and,
10.6 Entity is in compliance with all applicable requirements of Sections 692.202,
692.203, and 692.204, Florida Statutes.
SECTION 11. In the event of any conflict or ambiguity by and between the terms and
provisions of this First Amendment, and the Original Agreement, the terms and provisions of this
First Amendment shall control to the extent of any such conflict or ambiguity.
SECTION 12. The Parties agree that in all other respects the Original Agreement shall
remain in full force and effect, except as specifically modified herein.
SECTION 13. Each exhibit referred to in the Original Agreement, except as repealed
herein, forms an essential part of this First Amendment. The exhibits, if not physically attached,
Page 5 of 8 2047-20250925 v.1
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE50B97
Docusign Envelope ID: 6B050412-BB53-4701-ADDF-476C81360E34
@ City of Pembroke Pines
should be treated as part of this First Amendment and are incorporated herein by reference.
SECTION 14. Each person signing this First Amendment on behalf of either Parry
individually warrants that he or she has full legal power to execute this First Amendment on behalf
of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all
provisions contained in this First Amendment.
SECTION 15. This First Amendment may be executed by hand or electronically in
multiple originals or counterparts, each of which shall be deemed to be an original and together
shall constitute one and the same agreement. Execution and delivery of this First Amendment by
the Parties shall be legally binding, valid and effective upon delivery of the executed documents
to the other Party through facsimile transmission, email, or other electronic delivery.
SIGNATURE PAGE AND
AFFIDAVIT OF COMPLIANCE WITH
HUMAN TRAFFICKING LAWS FOLLOW
Page 6 of 8 2047.20250925 v.I
Docusign Envelope ID: AB1 58799-C7BC-4838-B581 -OC84CDE5OB97
Docusign Envelope ID: A9CB1F33-849A-4600-9559-B2EDB51FF9FO
City of Pembroke Pines
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day
and year first written above.
CITY:
CITY OF PEMBROKE PINES, FLORIDA
APPROVED AS TO FORM:
Signed by: D�ocuSicgneedd by:
(breg BY:
A563A10DtcF05417.:. E2=4AA8795454
October 22, 2025
Print Name: Jacob G. Horowitz MAYOR ANGELO CASTILLO
OFFICE OF'TEE CITY ATTORNEY
DocuSigned by:
ATTEST: BY: S F. b
DocuSigned by:
G� j.
f CHARLES F. DODGE, CITY MANAGER
—�,�� � _19EK401 October 22, 2025
=DE_81bk=E=R0C3ER&1 CITY CLERK
Gabriel Fernandez October 23, 2025
Signed by:
CONTRACTOR:
COMPASS GROUP USA, INC.
Slonad by:
Signed By:
1C191CNEWSCC.;.
Printed Name: Michael Coffey
Title: President Division l
September 25, 2025
Page 7 of 8
2D47 20250925 v.1
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
Docusign Envelope ID: 6BO50412-BB53-4701-ADDF-476C8136OE34
C
City of Pembroke Pines
AFFIDAVIT OF COMPLIANCE WITH HUMAN TRAFFICKING LAWS
In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the
entity listed below ("Entity"), hereby attests under penalty of perjury that:
1. The Affiant is an officer or representative of the Entity entering into an agreement
with the City of Pembroke Pines.
2. The Entity does not use coercion for labor or services as defined in Section 787.06,
Florida Statutes, entitled "Human Trafficking".
3. The Affiant is authorized to execute this Affidavit on behalf of the Entity.
4. I understand that I am swearing or affirming under oath to the truthfulness of the
claims made in this affidavit and that the punishment for knowingly making a false statement
includes fines and/or imprisonment.
5. Pursuant to Sec. 92.525(2), Fla. Stat., under penalties of perjury, I declare that I
have read the foregoing affidavit of compliance with Human Trafficking Laws and that the facts
stated in it are true.
FURTHER AFFIANT SAYETH NAUGHT.
DATE: October 16, 2025
ENTITY: COMPASS GROUP USA, INC.
d by:
SIGNED BY:5Z-a b
1CIMME65641C—
NAME: Michael Coffey
TITLE: President Division
Page 8 of 8 2047-20250925 v.1
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
JOIN US PROGRESS
I WITH US /
Vending Machine Services at Various
Pembroke Pines Locations
Request for Proposals # RE-24-04
General Information
Project Timeline
This contract shall be for an initial two-year period with two additional
See Section 1.4
two-year renewal terms.
Evaluation of Proposals
Staff
See Section 1.7
Non -Mandatory Pre -Bid
Not Applicable
Not Applicable
Meeting
Question Due Date
March 11, 2024
See Section 1.8
Proposals will be
2:00 p.m. on April 16, 2024
See Section 1.8
accepted until
5% Proposal Security /
✓ Not required.
See Section 4.1
Bid Bond
❑ Required, regardless of proposal cost.
❑ Required in the event that the proposal exceeds $200,000.
100% Payment and
✓ Not required.
See Section 4.2
Performance Bonds
❑ Required, regardless of the awarded contract amount.
❑ Required in the event that the awarded contract exceeds $200,000.
Grant or Federal
Not Applicable
Not Applicable
Funding Information
THE CITY OF PEMBROKE PINES
PROCUREMENT DEPARTMENT
8300 SOUTH PALM DRIVE
PEMBROKE PINES, FLORIDA 33025
(954) 518-9020
Docusign Envelope ID: A13158799-C7BC-4838-B581-OC84CDE50697
d at
City of Pembroke Pines
Table of Contents
SECTION 1 - INSTRUCTIONS.................................................................................................. 5
1.1
NOTICE........................................................................................................................5
1.1.1
VIRTUAL BID OPENING.......................................................................................
5
1.2
PURPOSE.....................................................................................................................6
1.3
SCOPE OF WORK....................................................................................................... 6
1.3.1
EQUIPMENT PRODUCTS AND SERVICES........................................................ 7
1.3.2
DELIVERY, INSTALLATION AND OPERATION .............................................. 8
1.3.3
RESALE PRICING.................................................................................................. 8
1.3.4
ASSIGNMENT AND/OR SUBCONTRACTING................................................... 9
1.3.5
PAYMENT............................................................................................................... 9
1.3.5
REVENUE PROPOSAL (40 points)........................................................................ 9
1.4
PROJECT TIMELINE................................................................................................
10
1.5
PROPOSAL REQUIREMENTS................................................................................
10
1.5.1
Questionnaires.........................................................................................................11
TAB 1 - RESALE PRICING & APPROACH (30 POINTS) ............................................
11
TAB 2 - REFERENCES (10 POINTS): ............................................................................
11
TAB 3 — EXPERIENCE AND ABILITY (15 POINTS): ..................................................
12
1.5.3
Other Completed Questionnaires............................................................................
13
1.5.4
Other Completed Documents..................................................................................
13
1.5.5
Optional Documentation.........................................................................................
13
1.6
VENDOR REGISTRATION DOCUMENTS............................................................
15
1.6.1
Vendor Information Form.......................................................................................
15
1.6.2
Form W-9 (Rev. October 2018)..............................................................................
15
1.6.3
Company Profile Form...........................................................................................
15
1.6.4
Sworn Statement on Public Entity Crimes Form ....................................................
15
1.6.5
Equal Benefits Certification Form..........................................................................
16
1.6.6
Vendor Drug -Free Workplace Certification Form .................................................
16
1.6.7
Scrutinized Company Certification.........................................................................
16
1.6.8
E-Verify System Certification Statement...............................................................
16
1.6.9
Veteran Owned Small Business Preference Certification ......................................
16
1.6.10
Local Business Tax Receipts...............................................................................
16
1.6.11
Local Vendor Preference Certification...............................................................
16
RFP # RE-24-04 SECTION 1- INSTRUCTIONS Page 2
Docusign Envelope ID: A13158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
1.7
EVALUATION OF PROPOSALS & PROCESS OF SELECTION .........................
16
1.7.1
SCORING FOR PROJECT COST CRITERIA......................................................
17
1.8
TENTATIVE SCHEDULE OF EVENTS..................................................................
19
1.9
SUBMISSION REQUIREMENTS............................................................................
19
SECTION 2 - INSURANCE REQUIREMENTS.....................................................................
20
SECTION 3 - GENERAL TERMS & CONDITIONS..............................................................
27
3.1
EXAMINATION OF CONTRACT DOCUMENTS ..................................................
27
3.2
CONFLICT OF INSTRUCTIONS.............................................................................
27
3.3
ADDENDA or ADDENDUM....................................................................................
27
3.4
INTERPRETATIONS AND QUESTIONS...............................................................
27
3.5
RULES, REGULATIONS, LAWS, ORDINANCES and LICENSES ......................
27
3.6
WARRANTIES FOR USAGE...................................................................................
28
3.7
BRAND NAMES........................................................................................................
28
3.8
QUALITY...................................................................................................................28
3.9
SAMPLES...................................................................................................................28
3.11
DEVELOPMENT COSTS..........................................................................................
28
3.12
PRICING.....................................................................................................................28
3.13
DELIVERY POINT....................................................................................................
29
3.14
TAX EXEMPT STATUS...........................................................................................
29
3.15
CONTRACT TIME ....................................................................................................
29
3.16
COPYRIGHT OR PATENT RIGHTS.......................................................................
29
3.17
PUBLIC ENTITY CRIMES.......................................................................................
29
3.18
CONFLICT OF INTEREST.......................................................................................
29
3.19
FACILITIES...............................................................................................................
29
3.20
ENVIRONMENTAL REGULATIONS.....................................................................
30
3.21
SIGNATURE REQUIRED.........................................................................................
30
3.22
MANUFACTURER'S CERTIFICATION.................................................................
30
3.23
MODIFICATION OR WITHDRAWAL OF PROPOSAL ........................................
30
3.24
PUBLIC BID; BID OPENING AND GENERAL EXEMPTIONS ...........................
30
3.25
RESERVATIONS FOR REJECTION AND AWARD ..............................................
31
3.26
BID PROTEST...........................................................................................................
31
3.27
INDEMNIFICATION.................................................................................................
31
3.28
DEFAULT PROVISION............................................................................................
32
3.29
ACCEPTANCE OF MATERIAL...............................................................................
32
RFP # RE-24-04 SECTION I - INSTRUCTIONS Page 3
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE50697
~' City of Pembroke Pines
3.30 LOCAL GOVERNMENT PROMPT PAYMENT ACT ............................................ 33
3.31 SCRUTINIZED COMPANIES LIST......................................................................... 33
3.32 PUBLIC RECORDS; TRADE SECRET, PROPRIETARY AND CONFIDENTIAL
SUBMITTALS......................................................................................................................... 33
3.33 PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES.... 34
3.34 CONE OF SILENCE.................................................................................................. 34
3.35 E-VERIFY.................................................................................................................. 35
3.36 JESSICA LUNSFORD ACT...................................................................................... 36
3.37 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR
IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING ................................. 36
ATTACHMENTS
Attachment A: Non -Collusive Affidavit
Attachment B: Sample Insurance Certificate
Attachment C: Specimen Contract - Contractual Services Agreement
Attachment D: Vending Proposed Locations
RFP # RE-24-04 SECTION 1- INSTRUCTIONS Page 4
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
SECTION 1 - INSTRUCTIONS
1.1 NOTICE
Notice is hereby given that the City Commission of the City of Pembroke Pines is seeking
sealed proposals for:
RFP # RE-24-04
Vending Machine Services at Various Pembroke Pines Locations
Solicitations may be obtained from the City of Pembroke Pines website at
http://www.ppines.com/index.aspx?NID=667 and on the https://ppines.bonfirehub.com/
website.
If you have any problems downloading the solicitation, please contact the Bonfire Support
at Supporte GoBonfire.com.
If additional information help is needed with downloading the solicitation package please
contact the Procurement Department at (954) 518-9020 or by email at
purchasing@ppines.com. The Procurement Department hours are between 7:00 a.m. - 6:00
p.m. on Monday through Thursday and is located at 8300 South Palm Drive, Pembroke
Pines, Florida 33025.
The City requires all questions relating to the solicitation be entered through the
"Messages" section for the specific project on the https:Hppines.bonfirehub.com/
website. Under the "Messages" section, vendors will find the "Opportunity Q&A" tab in
which they can ask their specific question(s). Responses to the questions will be provided
online at https://ppines.bonfirehub.com. Such request must be received by the "Question
Due Date" stated in the solicitation. The issuance of a response via Bonfire is considered
an Addendum and shall be the only official method whereby such an interpretation or
clarification will be made.
Proposals will be accepted until 2:00 p.m., Tuesday, April 16, 2024. Proposals must be
submitted electronically at https://ppines.bonfirehub.com/. The sealed electronic
proposals will be publicly opened at 2:30 p.m. by the City Clerk's Office, in the City Hall
Administration Building, 4a' Floor Conference Room located at 601 City Center Way,
Pembroke Pines, Florida, 33025.
1.1.1 VIRTUAL BID OPENING
The bid opening for this project will be held in the City Clerk's Office Conference
Room located on the 4ffi Floor in the Charles F. Dodge City Center/City Hall
Administration Building at 601 City Center Way, Pembroke Pines, Florida, 33025 at 2:30
PM on the bid due date.
RFP # RE-24-04 SECTION 1 - INSTRUCTIONS Page 5
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
' . City of Pembroke Pines
In light of public health concerns and to ensure accessibility for all, the City encourages
interested parties, vendors, and the public to participate virtually via live streaming
instead of attending the meeting in person. To virtually attend the bid opening, please use
the Cisco Webex Meetings platform.
Virtual Meeting Details:
• WebEx Meeting Link: https://ppines.webex.com/meet/purchasing
• Cisco Webex Meeting Number: 717 019 586
• Join by Phone Number: +1-408-418-9388
The public may download the Cisco Webex Meetings app from
https://www.webex.com/downloads.html/
To ensure an efficient meeting process, participants are requested to mute their audio and
camera during the meeting. While the public is welcome to attend the virtual bid opening,
please note that active participation and commenting will not be allowed during the
proceedings.
For further information about the bid opening or assistance in accessing the virtual
meeting, please contact:
Danny Benedit, Procurement Department
City of Pembroke Pines
8300 South Palm Drive,
Pembroke Pines, FL 33025
954-518-9022 or 954-518-9020
purchasingnppines.com
1.2 PURPOSE
The City is seeking proposals from qualified firms, hereinafter referred to as the Vendor, to
establish a contract to furnish, install, stock, replenish and maintain beverage machines, snack
machines or both at various City locations, in accordance with the terms, conditions, and
specifications contained in this solicitation. The selected vending company shall provide a
monthly commission to the City of Pembroke Pines.
1.3 SCOPE OF WORK
The services required are designed for a vendor to furnish, install, stock, replenish and maintain
beverage and snack vending machines, at no cost to the City, to be placed at approved locations
for use by guests, visitors, citizens and employees. The proposer will furnish, install and maintain
vending machines at City designated locations as described in Attachment D or at any other
location that the City may permit and that has been agreed upon by both parties.
The City estimates thirty-five (35) to forty (40) beverage vending machines and five (5) to ten (10)
snack vending machine locations. See Attachment D for a list of locations. The City and the
RFP # RE-24-04 SECTION 1- INSTRUCTIONS Page 6
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
Proposer recognize that not all the requirements of the contract contemplated herein can be
determined with precision at the time of the contract. It is understood that matters such as locations
and the exact number of machines will be determined or adjusted from time to time as the needs
of the City of Pembroke Pines dictate. It is the intent and purpose of conducting the service in a
way that provides the most efficient operation to the City of Pembroke Pines.
1.3.1 EQUIPMENT PRODUCTS AND SERVICES
The vending machines are to be "state of the art." Equipment shall be no more than five
(5) years old at any given time during the contract term. All costs for delivery, set-up,
stocking, replenishment, servicing, replacement and removal, when necessary, are to be
borne by the successful Vendor. The machines shall have the ability to make change. All
machines shall remain the property of the successful Vendor. All equipment shall adhere
to proper safety codes. The Vendor shall bear the cost for electrical upgrades where
necessary.
The successful Vendor shall provide nationally recognized name brand equipment, i.e.
Dixie/Narco, Crane, National, Rowe, AP Products or City approved equivalent. Bidders
shall furnish the manufacturer and model of the equipment bid, including specifications or
capacity, and variety of product to be dispensed. Technical data, including pictures, are to
be included as part of your bid.
All machines shall have an internal tamper proof metering system to show the actual
quantity dispensed and contain dollar bill validators. The starting counter number will be
recorded upon installation of the machines and verified by the Contract Manager and the
Finance Department with the initial inventory of vending machines. At any time, the City
makes a request, the Contractor must verify the counter with City personnel present.
"Beverages" shall mean all carbonated and noncarbonated non-alcoholic beverages,
including but not limited to carbonated soft drinks, packaged energy and fluid replacement
drinks, water and tea drinks.
Beverages to be furnished shall be in no less than five (5) flavors. Both regular and diet
type carbonated soft drinks, including all natural, non -carbonated fruit juices and water
shall be included in the selection. Drinks are to be furnished in twelve (12) ounce, pop -
top, recyclable aluminum cans or twenty (20) ounce plastic recyclable bottles. Soft drinks
will be name brands for example as manufactured by Pepsi -Cola, Coca-Cola, Royal Crown
Cola, Canada Dry, Welch's, Ocean Spray, Minute Maid, and Tropicana. Vendor(s) shall
provide with the bid a list of the brands, types and flavors that will be furnished.
"Snacks" to be furnished shall include chips, baked chips, cookies, candy, pastries,
crackers, nuts, granola bars, healthy choices etc. Snacks will be name brands manufactured
by Frito Lay, Lance, Nestle, Mars, and Hershey. Vendor(s) shall provide with the bid a
list of the brands, types and flavors that will be furnished.
RFP # RE-24-04 SECTION 1 - INSTRUCTIONS Page 7
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
The City shall reserve the right to add or reject specific products or require upgrading of
product quality in connection with the services provided at the City's discretion.
Any product offered must be fresh and unexpired (sold by date) when delivered and stock
must be rotated on a regular basis to maintain a fresh supply and avoid outdated products.
Consideration should be given to those products offering adequate packaging to prevent
aging, hardening or other similar deterioration of merchandise quality.
The snack machines should be large capacity machines with up to 45 selections and 800
total products. Vendor(s) shall specify the size of equipment bid. Final determination of
selected unit(s) shall be made by the City.
It is the intent of the City to have neat, clean and attractive machines in proper working
order. The City shall reserve the right to determine what shall be acceptable in terms of
the aesthetic value (neat, clean, attractive, and serviceable) of the vending machines to be
installed in City facilities. Specific machines shall be upgraded to provide a greater
selection or quantity at the same price and terms set forth during the term of the Agreement
whenever the City determines a greater customer selection is appropriate.
1.3.2 DELIVERY, INSTALLATION AND OPERATION
The machines shall be delivered, installed, and placed in operation at all locations
awarded after notification of award according to City provided location list and
installation schedule. All delivery, installation and removal charges shall be borne by the
successful Vendor.
Vending equipment shall be installed to present an attractive, movable, flush front,
matched uniform configuration. Equipment shall be secured to provide for safe, secure
operation, and to prevent tipping or shifting, including cages for outside locations.
The successful Vendor is responsible for maintenance, upkeep, and repair of all
machines. Maintenance includes periodic preventative and routine checks and same day
service for repairs and any malfunctions. If equipment repairs cannot be made on site,
and downtime is determined (by the City) to be excessive, the Vendor may be requested
to replace the equipment with a loaner unit until repair can be completed or a permanent
replacement is provided by the Vendor. The continuous, uninterrupted, satisfactory
operation of these machines is a vital factor. Successful Vendor's performance in
maintaining this operation will be closely monitored. Lost, stolen or damaged equipment
shall be replaced or repaired (as applicable) at no cost to the City.
1.3.3 RESALE PRICING
The Vendor agrees that prices charged for vended merchandise will be as stated in the
Vendor's Proposal, or as negotiated in the Contract between the City and the Vendor.
Prices are to remain firm for the initial two (2) years of the contract. Prices offered and
accepted by the City may be subject to adjustment for extension terms only. Such
RFP # RE-24-04 SECTION 1- INSTRUCTIONS Page 8
Docusign Envelope ID: AB158799-MC-4838-13581-OC84CDE5OB97
A )k
City of Pembroke Pines
adjustments shall be by mutual agreement between the City and the Vendor(s), evidenced
by a written amendment.
1.3.4 ASSIGNMENT AND/OR SUBCONTRACTING
Any resulting agreement may not be assigned without the express permission from the
City. A listing of all subcontractors, if any, and the portion of the contract they will
perform must be submitted with the proposal. If sub -contractors are stated, this does not
relieve the Vendor from the prime responsibility for full and complete satisfactory and
acceptable performance under any awarded contract.
1.3.5 PAYMENT
Payment and statement for the previous month's gross receipts shall be received by the
City by the fifteenth (15th) of the following month. If the Vendor fails to make this
payment within five (5) days of the due date, there shall be an additional charge of $50.00
payable to the City for such late payment. The late fee shall be applied one time per
month.
The Vendor shall be responsible for collecting and remitting all sales tax to the State of
Florida. Vendors are advised that payments made to the City of Pembroke Pines for the
right to operate any vending are considered taxable as rental payments. Therefore, the
rental payments due to the City on the fifteenth (15th) of the month will include
applicable sales tax. The Vendor is responsible for any and all real property taxes, special
assessments, and any other taxes imposed against the premises.
1.3.6 REVENUE PROPOSAL (40 points)
The Vendor is to provide a percentage against gross sales, or minimum amount per
month, whichever is greater payable to the City on a monthly basis, for the following.
This will be per vending machine:
Example #1: If the percentage of gross sales payable is greater than the minimum
amount per month then the percentage of gross sales payable shall be submitted to
the City.
0 Example #2: If the minimum amount per month is greater than the percentage of
gross sales payable then the minimum amount per month shall be submitted to the
City.
Beverage & Snack Machine Revenue Proposal
To be
Submitted Via Bids nc
Percentage of gross sales payable to the City
Minimum amount per month payable to the City
RFP # RE-24-04 SECTION 1- INSTRUCTIONS Page 9
Docusign Envelope ID: AB1 58799-C7BC-4838-B581 -OC84CDE5OB97
Ja`
City of Pembroke Pines
1.4 PROJECT TIMELINE
This contract shall be for an initial two-year period with two additional two-year renewal terms.
1.5 PROPOSAL REQUIREMENTS
The https:Hppines.bonfirehub.com website allows for vendors to complete, scan and upload
their documents as part of the proposer's submittal on the website.
Prospective proposers interested in responding to this solicitation are requested to provide all of
the information listed in this section. Submittals that do not respond completely to all of
requirements specified herein may be considered non -responsive and eliminated from the
process. Brevity and clarity are encouraged.
The Bonfire system utilizes "Questionnaires" to request the following information from
prospective proposers.
1.5.1 Pricing Sheet / Bid Tables
1. Bid Table: The vendor must provide their pricing through the designated
lines items listed on the Excel Sheet that is available for download on the
Bonfire website under the "Pricing Sheet / Bid Table" section. Please
follow the instructions given in this package and on the Excel Sheet to
complete and upload the information back onto the Bonfire website.
2. Responses: This tab of the Bid Table includes a "Vendor Notes" column
for any additional comments regarding the requested line item(s). A
comment is required in the "Vendor Notes" column. If the vendor does
not need to submit any comments, please enter N/A or similar.
a. Below is a sample of the "Responses" tab of the Bid Table:
Responses
Success: All data is valid
Beverages & Snacks
_F Revenue
Success M values provided #1 - -t 5 30.�0.00 38 151.00
03 NSA S 8.008.00 S'?.8320a
Proposal --�
� tcCJ S s uoo oo $ 22,83200 {
Please note, for the column titled "Percentage of gross sales payable to the City (Please
submit in decimal points)", if the proposer wanted to submit a value of "20%", they
should enter ". 02 "
RFP # RE-24-04 SECTION 1 - INSTRUCTIONS Page 10
Docusign Envelope ID: A6158799-C7BC-4838-B581-OC84CDE5OB97
T Y" City of Pembroke Pines
1.5.2 Questionnaires
TAB 1 - RESALE PRICING & APPROACH (30 POINTS)
The requested information below pertaining to Tab 1 shall be submitted through
the "Other Completed Documents" section on Bonfire.
1. Resale Pricing: Vendor shall provide a detail listing, including brands,
types and flavors of all beverage and snack products along with pricing to
be offered in all vending machines. These prices are not subject to change
unless mutually agreed upon.
2. Service Narrative: This is to include a concise narrative with sufficient
detail indicating the proposed approach to providing the required services,
including a description of the types and qualities of service that would be
provided.
3. Sub -Contracting: A listing of all sub -contractors, if any, and the portion
of the contract they will perform must be submitted with the proposal.
4. Maintenance Plan: Please describe your maintenance plan.
5. Equipment Details: Bidders shall furnish the manufacturer and model of
the equipment bid, including specifications or capacity, and variety of
product to be dispensed. Technical data, including pictures are to be
included as part of your bid.
6. Schedule: Proposer shall provide a timeline that highlights proposed tasks
regarding the installation and maintenance of all vending machines at all
specified locations.
TAB 2 — REFERENCES FORM (10 POINTS):
Provide specific examples of similar contracts References should be from the last
five years and should be capable of explaining and confirming your firm's
capacity to successfully complete the scope of work outlined herein. As part of
the proposal evaluation process, the City may conduct an investigation of
references, including a record check or consumer affairs complaints. Proposers'
submission of a proposal constitutes acknowledgment of the process and consent
to investigate. The City is the sole judge in determining Proposers qualifications.
In regards to the References Form portion, you will have the ability to enter
information for 5 different references including the Reference Contact
Information and the specific Project Information.
In addition, do not provide references for City of Pembroke Pines projects.
1. Previous Experience:
a. How many clients have you provided Services for?
b. What similar or related projects have you worked on within the past three
years?
RFP # RE-24-04 SECTION 1 - INSTRUCTIONS Page 11
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
c. What challenges did you face and how did you overcome them?
d. How much of your revenue is derived from managing projects similar to
ours?
2. References Form: Please provide references for your Services.
a. References Contact Information
i. Name of Firm, City, County or Agency
ii. Address
iii.
Contact Name
iv.
Contact Title
v.
Contact E-mail Address
vi.
Contact Telephone #
b. Project Information
i.
Name of Contractor Performing the work
ii.
Name and location of the project
iii.
Nature of the firm's responsibility on the project
iv.
Contract start date
v.
Contract (Anticipated) end date
vi.
Quantity of vending machines
TAB 3 — EXPERIENCE AND ABILITY (15 POINTS):
The relative experience and qualification of each applicant's proposed team, with
respect to the project scope, will be judged and a relative rating assigned. This
parameter expresses the general and specific project -related capability of the team
and indicates the adequate depth and abilities of the organization which it can
draw upon as needed. This will include management, technical, and support staff.
1. Explain your firm's interest in working on this project, a positive
commitment to perform the required work and a description of the firm.
2. Describe the size of your firm.
3. Describe your firm's financial history, strength and stability.
4. Describe your firm's range of activities.
5. Describe the specialized experience and technical competence of the firm
or persons with respect to working on similar projects.
6. Do you have a minimum of five (5) years of experience? Please provide
proof of such experience.
7. The firm or person's must provide information on their proximity to and
familiarity with the area in which the project is located.
8. Explain the availability and access to the firm's top level management
personnel.
9. Please describe the past record of performance of the firm or person with
respect to accessibility to clients, ability to meet schedules,
communication and coordination skills.
RFP # RE-24-04 SECTION 1- INSTRUCTIONS Page 12
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
,T. a City of Pembroke Pines
10. Identify the contact person and supervisory personnel who will work on
the various projects, including the relative experience of all professionals
proposed for use on the team.
11. Provide summaries of key persons and on -site staff to be assigned to the
project with emphasis on their experience with similar work.
12. Explain the ability and experience of the field staff with specific attention
to project related experience.
13. Contractor should list any applicable qualification, including education,
experience, honors and awards received, and professional associations of
which the firm and/or its personnel are members.
14. Provide the recent, current, and projected workload of the firm.
15. What is your reputation compared to your peers in the market?
16. What is your reputation like among customers and how have you
developed it?
17. How does your service differ from similar competitors'? How do you win
and retain business?
18. A brief statement must be included which explains why your proposal
would be the most effective and beneficial to the City of Pembroke Pines.
1.5.4 Other Completed Questionnaires
1. Contact Information Form
2. Proposer's Background Information
3. Vendor Registration Checklist
1.5.5 Other Completed Documents
Attachment A: Non -Collusive Affidavit
2. Resale Pricing
3. Service Narrative
4. Sub -Contracting
5. Maintenance Plan
6. Equipment Details
7. Schedule
1.5.6 Optional Documentation
1. Trade Secrets:
RFP # RE-24-04 SECTION 1 - INSTRUCTIONS Page 13
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
a. The Proposer's response to this solicitation 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
solicitation and the Contract to be executed for this solicitation, subject to
the provisions of Chapter 119.07 of the Florida Statutes.
b. Any language contained in the Proposer's response to the solicitation
purporting to require confidentiality of any portion of the Proposer's
response to the solicitation, 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 solicitation constitutes a Trade Secret.
c. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA
FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT
MARK YOUR RESPONSE TO THE SOLICITATION AS
PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR
RESPONSE TO THE SOLICITATION OR ANY PART THEREOF AS
COPYRIGHTED. ALL DOCUMENTS THAT THE FIRM PURPORTS
TO BE CONFIDENTIAL, PROPRIETARY OR A TRADE SECRET
SHALL BE UPLOADED TO THE BONFIRE WEBSITE AS A
SEPARATE ATTACHMENT, IN THIS SECTION, CLEARLY
IDENTIFYING THE EXEMPTION BEING CLAIMED UNDER
FLORIDA STATUTES 119.07.
d. 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 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.
2. Financial Statements:
a. The City is not requesting the vendor to submit any financial statements
for this project and prefers if the vendor does not submit financial
statements. In addition, if the City needs a copy of the vendor's financial
statements, the City can contact the vendor after the bid due date to
RFP # RE-24-04 SECTION 1 - INSTRUCTIONS Page 14
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
J;
City of Pembroke Pines
request those documents. However, if the vendor does submit the
financial statements, they should be uploaded in this section.
b. Any claim of confidentiality on financial statements must be asserted at
the time of submittal. The firm must identify the specific statute that
authorizes the exemption from the Public Records Law. Please note that
the financial statement exemption provided for in Section 119.071(1)c,
Florida Statutes only applies to submittals in response to a solicitation for
a "public works" project.
3. Additional Information:
a. Please provide any additional information that you deem necessary to
complete your proposal in this section, if it has not been requested in
another section.
1.6 VENDOR REGISTRATION DOCUMENTS
The https://Ppines.bonfirehub.com/ website will allow vendors to update their information and
documents on an as -needed basis. This process is intended to make the bidding process easier
for vendors that bid on multiple City projects. This process will allow vendors to complete and
submit the following standard forms and documents at any time prior to bidding on a project. In
addition, the vendors will be able to utilize these same forms without the need to re -fill and re-
submit the forms each time they bid on a City project. In the event that the City does not have
one of the forms or documents listed below for your company, the City may reach out to your
company after the bid has closed to obtain the document(s).
Furthermore, please make sure to update this information on an as -needed basis so that all
pertinent information is accurate, such as local business tax receipts, and any other
relevant information.
The following documents can be completed prior to the bidding process through the
https:Hppines.bonfirehub.com/ website and do not need to be attached to your submittal as the
Bonfire website will automatically include it.
1.6.1 Vendor Information Form
1.6.2 Form W-9 (Rev. October 2018)
a. Previously dated versions of this form will delay the processing of any
payments to the selected vendor.
1.6.3 Company Profile Form
1.6.4 Sworn Statement on Public Entity Crimes Form
RFP # RE-24-04 SECTION 1 - INSTRUCTIONS Page 15
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
iyvAa
City of Pembroke Pines
1.6.5 Equal Benefits Certification Form
1.6.6 Vendor Drug -Free Workplace Certification Form
1.6.7 Scrutinized Company Certification
1.6.8 E-Verify System Certification Statement
a. Effective January 1, 2021, pursuant to Section 448.095. Florida Statues, the City
may not enter into a contract with a vendor/contractor/subcontractor unless that
vendor/contractor/subcontractor is registered with and uses the E-Verify system
administered by the U.S. Department of Homeland Security ("DHS").
b. Contractor shall also require all subcontractors to provide an affidavit attesting
that the subcontractor does not employ, contract with, or subcontract with, an
unauthorized alien. The Contractor shall maintain a copy of such affidavit for the
duration of the contract.
1.6.9 Veteran Owned Small Business Preference Certification
a. If claiming Veteran Owned Small Business Preference Certification, business
must attach the "Determination Letter" from the United States Department of
Veteran Affairs Center for Verification and Evaluation notifying the business
that they have been approved as a Veteran Owned Small Business (VOSB).
b. The Veteran Owned Small Business Preference Certification form must be
completed by/for the proposer; the proposer WILL NOT qualify for Veteran
Owned Small Business Preference based on their sub -contractors'
qualifications.
1.6.10 Local Business Tax Receipts
1.6.11 Local Vendor Preference Certification
1.7 EVALUATION OF PROPOSALS & PROCESS OF SELECTION
A. Staff will evaluate all responsive proposals received from proposers who meet or exceed
the bid requirements contained in the solicitation. Evaluations shall be based upon the
information and references contained in the proposals as submitted. As such, the
Proposal should be as comprehensive as possible; clearly describing the details of
services that the Proposer intends to provide.
B. The City will convene an Evaluation Committee and brief its members on the scope of
the project and the services required. The Evaluation Committee will evaluate proposals
based on the following criteria
RFP # RE-24-04 SECTION 1- INSTRUCTIONS Page 16
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
Criteria
Points
Resale Pricing & Approach
30 points
References
10 points
Experience and Ability
15 points
Revenue Proposal
40 points
Local Vendor Preference/
Veteran Owned Small Business Preference*
5 points
Total Points
100 points
*Please note that the Local Vendor Preference is used to evaluate the submittals
received from proposers and are assigned point totals, a preference of five (5) points
of the total evaluation point shall be given to the Local Pembroke Pines Vendor(s); a
preference of two and a half (2.5) points of the total evaluation point shall be given to
the Local Broward County Vendor(s), all other vendors shall receive zero (0) points.
Vendors must submit the attached Local Vendor Preference Certification Form in
order to qualms for these evaluation points.
Veteran Owned Small Business (VOSB) is also used to evaluate the submittals
received from proposers and are assigned point totals, a preference of two and a half
(2.5) points of the total evaluation point shall be given to the Veteran Owned Small
Businesses. Vendors must submit the attached Veteran Owned Small Business
Preference Certification Form in order to qualms for these evaluation points.
All other vendors shall receive zero (0) points.
C. The Evaluation Committee shall have the option to short-list the proposers based on the
criteria listed above. In addition, the Evaluation Committee may schedule a meeting for
the firms to make presentations and answer questions of clarification as part of its
evaluation. As part of this process, the firms shall have officials of the appropriate
management level present and representing the firm. The project manager should be
available. The firm shall be prepared to present an overall briefing regarding the manner
in which the contractual obligations will be accomplished.
D. The Evaluation Committee will make a recommendation to the City Commission for
award of contract. The contract shall be awarded to the most responsive/responsible
proposer whose proposal is determined to be the most advantageous to the City taking
into consideration the evaluation criteria. If an agreement cannot be reached with the
highest ranked firm, the City shall have the option to start negotiating with the next
highest ranked firm(s).
1.7.1 SCORING FOR PROJECT COST CRITERIA
The Evaluation Committee will utilize the following when calculating the weighted score
of each vendor related to the Revenue Proposal criteria.
RFP # RE-24-04 SECTION I- INSTRUCTIONS Page 17
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
' City of Pembroke Pines
The Percentage of gross sales payables to the City for Beverages & Snacks for each
proposer will be multiplied against the City's estimated annual amount for Gross Sales
for Beverages & Snacks to determine the Total Revenue from Gross Sales for each
proposer.
For calculation purposes, the City shall use $30,000 as the estimated annual amount for
Gross Sales for Beverages & Snacks. However, please note that the $30,000 estimate is
not a guaranteed amount of gross sales that may be realized during the course of the
contract as sales fluctuate.
In addition, the Total Minimum Amount Per Month Payable to the City for Beverage
and Snack Machines will be multiplied by 12 months and also multiplied by the
Estimated Number of Vending Machines to generate the Total Estimated Minimum
Annual Amount Payable to the City.
For calculation purposes, the City shall use 36 as the Estimated Number of Vending
Machines. However, please note that the number of machines may fluctuate from
time to time, per mutual agreement of the parties.
The higher amount of the Total Estimated Annual Revenue from Gross Sales or the
Total Estimated Minimum Annual Amount Payable to the City will be used as the
Revenue Proposal for each proposer.
Then Proposer "X" Revenue Proposal will be divided by the Highest
Revenue Proposal and that total will be multiplied by the Maximum Available
Points for the Revenue Proposal = Proposer "X" Score.
Example:
Firm "A" revenue proposal is $20,000 and is the highest revenue proposal
Firm `B" revenue proposal is $15,000
Firm "C" revenue proposal is $10,000
Maximum Points Available for the "Revenue Proposal" criteria: 45
Calculation:
Firm "A": Highest revenue proposal and receives 45 points
Firm `B": $15,000/$20,000 x 45 points = 33.75 points
Firm "C": $10,000/$20,000 x 45 points = 22.50 points
RFP # RE-24-04 SECTION 1 - INSTRUCTIONS Page 18
Docusign Envelope ID: A6158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
1.8 TENTATIVE SCHEDULE OF EVENTS
Event
Time &/or Date
Issuance of Solicitation(Posting Date
March 12, 2024
Question Due Date
Aril 2, 2024
Anticipated Date of Issuance for the
Addenda with Questions and Answers
April 8, 2024
Proposals will be accepted until
2:00 p.m. on April 16, 2024
Proposals will be opened at
2:30 p.m. on April 16, 2024
Evaluation of Proposals by Staff
Aril 17, 2024 - May 3, 2024
Recommendation of Contractor to
City Commission award
May 15, 2024
1.9 SUBMISSION REQUIREMENTS
Bids/proposals must be submitted electronically at https:Hppines.bonfirehub.com/ on or
before 2:00 p.m. on April 16, 2024.
Please note vendors should be registered on Bonfire under the name of the organization that they
are operating as and it should match the organization name on the documents that they are
submitting and utilizing when responding to the solicitation.
In addition, the vendor must complete any questionnaires on the
https:Hppines.bonfirehub.com/ website and provide any additional information requested
throughout this solicitation. Any additional information requested in the solicitation should be
scanned and uploaded.
The City recommends for proposers to submit their proposals as soon as they are ready to do
so. Please allow ample time to submit your proposals on the https:Hppines.bonfirehub.com/
website. Proposals may be modified or withdrawn prior to the deadline for submitting Proposals.
Bonfire Support is happy to help you with submitting your proposal and to ensure that you are
submitting your proposals correctly, but we ask that you contact SupportgGoBonfire.com with
ample time before the bid closing date and time.
PLEASE DO NOT SUBMIT ANY PROPOSALS VIA MAIL, E-MAIL OR FAX.
RFP # RE-24-04 SECTION 1 - INSTRUCTIONS Page 19
Docusign Envelope ID: A6158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
SECTION 2 - INSURANCE REQUIREMENTS
2.1 INDEMNIFICATION:
Yes No
✓ ❑ 2.1.1 General Indemnification: The CONTRACTOR shall indemnify and hold harmless
the CITY and its officers, employees, agents and instrumentalities from any and all liability,
losses or damages, including attorneys' fees and costs of defense, which the CITY or its
officers, employees, agents or instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Agreement by the CONTRACTOR or its employees,
agents, servants, partners, principals or subcontractors. The CONTRACTOR shall pay all
claims and losses in connection therewith and shall investigate and defend all claims, suits
or actions of any kind or nature in the name of the CITY, where applicable, including
appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may
issue thereon. The CONTRACTOR expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the CONTRACTOR shall
in no way limit the responsibility to indemnify, keep and save harmless and defend the
CITY or its officers, employees, agents and instrumentalities as herein provided.
Yes No
❑ x 2.1.2 Indemnification for Design Professionals and Construction Contracts: The
CONTRACTOR shall indemnify and hold harmless the CITY, its officers and employees
from any and all liability, losses or damages, including reasonable attorneys' fees and costs
of defense, which the CITY, its officers and employees, may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature to the extent such
claims are caused by negligence, recklessness, or intentional wrongful conduct of the
CONTRACTOR and other persons employed or utilized by CONTRACTOR during
performance of this Agreement. The CONTRACTOR shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any kind
or nature in the name of the CITY, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and attorneys' fees which may issue thereon. The
CONTRACTOR expressly understands and agrees that any insurance protection required
by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the CITY or its officers,
employees, agents and instrumentalities as herein provided.
2.2 CONTRACTOR shall not commence work under this Agreement until it has obtained all
insurance required under this paragraph and such insurance has been approved by the Risk Manager
of the CITY nor shall the CONTRACTOR allow any subcontractor to commence work on any
subcontract until all similar such insurance required of the subcontractor has been obtained and
similarly approved.
2.3 Certificates of Insurance, reflecting evidence of the required insurance, shall be filed with the
CITY's Risk Manager prior to the commencement of this Agreement. Policies shall be issued by
companies authorized to do business under the laws of the State of Florida. The insurance company
RFP # RE-24-04 SECTION 2 - INSURANCE REQUIREMENTS Page 20
Docusign Envelope ID: A13158799-C7BC-4838-B581-OC84CDE501397
City of Pembroke Pines
shall be rated no less than "A" as to management, and no less than "Class VI" as to financial
strength according to the latest edition of Best's Insurance Guide published by A.M. Best
Company.
2.4 Certificates of Insurance shall provide for thirty (30) days' prior written notice to the CITY in
case of cancellation or material changes in the policy limits or coverage states. If the carrier cannot
provide thirty (30) days' notice of cancellation, either the CONTRACTOR or their Insurance Broker
must agree to provide notice.
2.5 Insurance shall be in force until all obligations required to be fulfilled under the terms of the
Agreement are satisfactorily completed as evidenced by the formal acceptance by the CITY. In the
event the insurance certificate provided indicates that the insurance shall terminate and lapse during
the period of this Agreement, the CONTRACTOR shall furnish, at least forty-five (45) days prior to
the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and
like coverage for the balance of the period of the Agreement and extension thereunder is in effect.
The CONTRACTOR shall neither commence nor continue to provide any services pursuant to this
Agreement unless all required insurance remains in full force and effect. CONTRACTOR shall be
liable to CITY for any lapses in service resulting from a gap in insurance coverage.
2.6 REQUIRED INSURANCE
CONTRACTOR shall be required to obtain all applicable insurance coverage, as
indicated below, prior to commencing any work pursuant to this Agreement:
Yes No
✓ ❑ 2.6.1 Comprehensive General Liability Insurance written on an occurrence basis including,
but not limited to: coverage for bodily injury and property damage, personal & advertising
injury, products & completed operations, and contractual liability. Coverage must be written
on an occurrence basis, with limits of liability no less than:
1. Each Occurrence Limit- $1,000,000
2. Fire Damage Limit (Damage to rented premises) - $100,000
3. Personal & Advertising Injury Limit - $1,000,000
4. General Aggregate Limit - $2,000,000
5. Products & Completed Operations Aggregate Limit - $2,000,000
Products & Completed Operations Coverage shall be maintained for the later of three (3)
years after the delivery of goods/services or final payment under the Agreement. (For
Construction projects: Increase to ten (10) years and include a Designated Construction
Projects) General Aggregate Limit)
RFP # RE-24-04 SECTION 2 - INSURANCE REQUIREMENTS Page 21
Docusign Envelope ID: A13158799-C7BC-4838-B581-OC84CDE50697
�I
City of Pembroke Pines
The City of Pembroke Pines must be shown as an additional insured with respect to
this coverage. The CITY's additional insured status shall extend to any coverage
beyond the minimum limits of liability found herein.
Yes No
✓ ❑ 2.6.2 Workers' Compensation and Employers' Liability Insurance covering all
employees, and/or volunteers of the CONTRACTOR engaged in the performance of the
scope of work associated with this Agreement. In the case any work is sublet, the
CONTRACTOR shall require the subcontractors similarly to provide Workers'
Compensation Insurance for all the latter's employees unless such employees are covered
by the protection afforded by the CONTRACTOR. Coverage for the CONTRACTOR and
all subcontractors shall be in accordance with applicable state and/or federal laws that may
apply to Workers' Compensation Insurance with limits of liability no less than:
1. Workers' Compensation: Coverage A — Statutory
2. Employers Liability: Coverage B $500,000 Each Accident
$500,000 Disease — Policy Limit
$500,000 Disease — Each Employee
If CONTRACTOR claims to be exempt from this requirement, CONTRACTOR shall
provide CITY proof of such exemption along with a written request for CITY to exempt
CONTRACTOR, written on CONTRACTOR letterhead.
Yes No
✓ ❑ 2.6.3 Comprehensive Auto Liability Insurance covering all owned, non -owned and hired
vehicles used in connection with the performance of work under this Agreement, with a
combined single limit of liability for bodily injury and property damage no less than:
1. Any Auto (Symbol 1)
Combined Single Limit (Each Accident) - $1,000,000
2. Hired Autos (Symbol 8)
Combined Single Limit (Each Accident) - $1,000,000
3. Non -Owned Autos (Symbol 9)
Combined Single Limit (Each Accident) - $1,000,000
If work under this Agreement includes transportation of hazardous materials, policy shall
include pollution liability coverage equivalent to that provided by the latest version of the
ISO pollution liability broadened endorsement for auto and the latest version of the ISO
Motor Carrier Act endorsement, equivalents or broader language.
Yes No
❑ ❑ 2.6.3.1 If CONTRACTOR requests reduced limits under a Personal Auto Liability
Policy and it is agreed to by the CITY, coverage shall include Bodily Injury limits of
RFP # RE-24-04 SECTION 2 - INSURANCE REQUIREMENTS Page 22
Docusign Envelope ID: AB1 58799-C7BC-4838-B581 -OC84CDE5OB97
dv°
City of Pembroke Pines
$100,000 per person/$300,000 per occurrence and Property Damage limits of
$300,000 per occurrence
Yes No
✓ ❑ 2.6.4 Umbrella/Excess Liability Insurance in the amount of $2,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must be follow form of the General Liability, Auto Liability and Employer's
Liability. This coverage shall be maintained for a period of no less than the later of three
(3) years after the delivery of goods/services or final payment pursuant to this Agreement.
The City of Pembroke Pines must be shown as an additional insured with respect to
this coverage. The CITY's additional insured status shall extend to any coverage
beyond the minimum limits of liability found herein.
Yes No
❑ x 2.6.5 Professional Liability/Errors & Omissions Insurance with a limit of liability no less
than $1,000,000 per wrongful or negligent act. This coverage shall be maintained for a period
of no less than three (3) years after the delivery of goods/services final payment pursuant to
this Agreement. Retroactive date, if any, to be no later than the first day of service to the CITY.
(Limit to align with size and scope of the Agreement and exposure inherent with
operation/services being performed. For Construction projects: Increase to ten (10) years)
Yes No
❑ x 2.6.6 Environmental/Pollution Liability insurance shall be required with a limit of no less
than $1,000,000 per wrongful act. Coverage shall include: CONTRACTOR'S completed
operations, sudden, accidental and gradual pollution conditions. This coverage shall be
maintained for a period of no less than the later of three (3) years after the delivery of
goods/services or final payment pursuant to this Agreement. Retroactive date, if any, to be
no later than the first day of service to the CITY. (Limit to align with size and scope of the
Agreement and exposure inherent with operation/services being performed. For
Construction projects: Increase to ten (10) years)
The City of Pembroke Pines must be shown as an additional insured with respect to
this coverage. The CITY's additional insured status shall extend to any coverage
beyond the minimum limits of liability found herein.
Yes No
❑ x 2.6.7 Cyber Liability including Network Security and Privacy Liability with a limit of
liability no less than $1,000,000 per loss. Coverage shall include liability arising from:
theft, dissemination and/or use of confidential information stored or transmitted in
electronic form, unauthorized access to, use of, or tampering with computer systems,
including hacker attacks or inability of an authorized third party to gain access to your
RFP # RE-24-04 SECTION 2 - INSURANCE REQUIREMENTS Page 23
Docusign Envelope ID: AB1 58799-C7BC-4838-B581 -OC84CDE5OB97
l
74
City of Pembroke Pines
services, including denial of service, and the introduction of a computer virus into, or
otherwise causing damage to, a customer's or third person's computer, computer system,
network, or similar computer -related property and the data, software and programs thereon.
If vendor is collecting credit card information, it shall cover all PCI breach expenses.
Coverage is to include the various state monitoring and state required remediation as well
as meet the various state notification requirements. This coverage shall be maintained for
a period of no less than the later of three (3) years after delivery of goods/services or final
payment of the Agreement. Retroactive date, if any, to be no later than the first day of
service to the CITY.
The City of Pembroke Pines must be shown as an additional insured with respect to
this coverage. The CITY's additional insured status shall extend to any coverage
beyond the minimum limits of liability found herein.
Yes No
❑ x 2.6.8 Crime Coverage shall include employee dishonesty, forgery or alteration, and
computer fraud in an amount of no less than $1,000,000 per loss. If CONTRACTOR is
physically located on CITY's premises, a third -party fidelity coverage extension shall
apply.
Yes No
❑ x 2.6.9 Garage Liability & Garage -keepers Legal Liability for those that manage parking
lots for the CITY or service CITY vehicles. Coverage must be written on an occurrence
basis, with limits of liability no less than $1,000,000 per Occurrence, including products &
completed operations. This coverage shall be maintained for a period of no less than the
later of three (3) years after the delivery of goods/services or final payment of this
Agreement.
The City of Pembroke Pines must be shown as an additional insured with respect to
this coverage. The CITY's additional insured status shall extend to any coverage
beyond the minimum limits of liability found herein.
Yes No
❑ x 2.6.10 Liquor Liability for those in the business of selling, serving or furnishing of any
alcoholic beverages, whether licensed or not, shall carry a limit of liability of no less than
$1,000,000 per occurrence. Coverage shall be maintained for the later of three (3) years
after the delivery of goods/services or final payment under the Agreement.
The City of Pembroke Pines must be shown as an additional insured with respect to
this coverage. The CITY's additional insured status shall extend to any coverage
beyond the minimum limits of liability found herein.
Yes No
RFP # RE-24-04 SECTION 2 - INSURANCE REQUIREMENTS Page 24
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
❑ x 2.6.11 Sexual Abuse & Molestation for any agreement involving a vulnerable population.
Limits shall be no less than $500,000 per occurrence. This coverage shall be maintained
for a period of no less than the later of three (3) years after the delivery of goods/services
or final payment of this Agreement. Retroactive date, if any, to be no later than the first
day of service to the CITY. (Limit to align with size and scope of the Agreement and
exposure inherent with operation/services being performed.)
The City of Pembroke Pines must be shown as an additional insured with respect to
this coverage. The CITY's additional insured status shall extend to any coverage
beyond the minimum limits of liability found herein.
Yes No
❑ x 2.6.12 Builder's Risk Insurance shall be "All Risk" for one hundred percent (100%) of the
completed value of the project that is the subject of this Agreement with a deductible of not
more than five percent (5%) for Named Windstorm and $20,000 per claim for all other
perils. The Builder's Risk Insurance shall include interests of the CITY, the
CONTRACTOR and subcontractors of the project. The CONTRACTOR shall include a
separate line item for all costs associated with the Builder's Risk Insurance Coverage for
the project. The CITY reserves the right at its sole discretion to utilize the
CONTRACTOR's Builder's Risk Insurance or for the CITY to purchase its own Builder's
Risk Insurance for the Project. Prior to the CONTRACTOR purchasing the Builder's Risk
insurance for the project, the CONTRACTOR shall allow the CITY the opportunity to
analyze the CONTRACTOR's coverage and determine who shall purchase the coverage.
Should the CITY utilize the CONTRACTOR's Builder's Risk Insurance, the
CONTRACTOR shall be responsible for all deductibles. If the CITY chooses to purchase
the Builder's Risk Coverage on the project, the CONTRACTOR shall provide the CITY
with a change order deduct for all premiums and costs associated with the Builder's Risk
insurance in their schedule. Should the CITY choose to utilize the CITY's Builder's Risk
Program, the CITY shall be responsible for the Named Windstorm Deductible and the
CONTRACTOR shall be responsible for the All Other Perils Deductible.
If and when 100% is not available or reasonable, the CITY Risk Manager is to make the
determination as to what limits are appropriate for the given project.
Yes No
❑ ❑ 2.6.13 Other Insurance
2.7 REQUIRED ENDORSEMENTS
RFP # RE-24-04 SECTION 2 - INSURANCE REQUIREMENTS Page 25
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
2.7.1 The City of Pembroke Pines shall be named as an Additional Insured on each of
the Liability Policies required herein.
2.7.2 Waiver of all Rights of Subrogation against the CITY.
2.7.3 Thirty (30) Day Notice of Cancellation or Non -Renewal to the CITY.
2.7.4 CONTRACTOR's policies shall be Primary & Non -Contributory.
2.7.5 All policies shall contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY.
2.7.6 The City of Pembroke Pines shall be named as a Loss Payee on all Property
and/or Inland Marine Policies as their interest may appear.
2.8 Any and all insurance required of the CONTRACTOR pursuant to this Agreement must also
be required by any subcontractor in the same limits and with all requirements as provided herein,
including naming the CITY as an additional insured, in any work that is subcontracted unless such
subcontractor is covered by the protection afforded by the CONTRACTOR and provided proof of
such coverage is provided to CITY. The CONTRACTOR and any subcontractors shall maintain such
policies during the term of this Agreement.
2.9 The CITY reserves the right to require any other additional types of insurance coverage and/or
higher limits of liability it deems necessary based on the nature of work being performed under this
Agreement.
2.10 The insurance requirements specified in this Agreement are minimum requirements and in
no way reduce any liability the CONTRACTOR has assumed in the indemnification/hold harmless
section(s) of this Agreement.
RFP # RE-24-04 SECTION 2 - INSURANCE REQUIREMENTS Page 26
Docusign Envelope ID: A13158799-C7BC-4838-B581-OC84CDE501397
Ja' ,
City of Pembroke Pines
SECTION 3 - GENERAL TERMS &
CONDITIONS
3.1 EXAMINATION OF CONTRACT
DOCUMENTS
Before submitting a Proposal, each Proposer
should (a) consider federal, state and local
laws, ordinances, rules and regulations that
may in any manner affect cost or
performance of the work, (b) study and
carefully correlate the Proposer's
observations with the Proposal Documents;
and (c) notify the Purchasing Manager of all
conflicts, errors and discrepancies, if any, in
the Proposal Documents.
The Proposer, by and through the
submission of a Proposal, agrees that
Proposer shall be held responsible for having
familiarized themselves with the nature and
extent of the work and any local conditions
that may affect the work to be done and the
services, equipment, materials, parts and
labor required.
3.2 CONFLICT OF INSTRUCTIONS
If a conflict exists between the General
Conditions and Instructions stated herein
and specific conditions and instructions
contained in specifications, the specifications
shall govern.
3.3 ADDENDA or ADDENDUM
A formal solicitation may require an
Addendum to be issued. An addendum in
some way may clarify, correct or change the
original solicitation (i.e. due date/time,
specifications, terms, conditions, line item).
Vendors submitting a proposal should check
the Bonfire website for any addenda issued.
Vendors are cautioned not to consider verbal
modifications to the solicitation, as the
addendum issued through Bonfire will be the
only official method whereby changes will be
made.
3.4 INTERPRETATIONS AND
QUESTIONS
If the Proposer is in doubt as to the meaning
of any of the Proposal Documents, is of the
opinion that the Conditions and
Specifications contain errors or
contradictions or reflect omissions, or has
any question concerning the conditions and
specifications, the Proposer shall submit a
question for interpretation or clarification.
The City requires all questions relating to the
solicitation be entered through the
"Messages" section for the specific project
on the https:Hppines.bonfirehub.com/
website. Under the "Messages" section,
vendors will find the "Opportunity Q&A" tab
in which they can ask their specific
question(s). Responses to the questions will
be provided online at
https:Hppines.bonfirehub.com. Such
request must be received by the "Question
Due Date" stated in the
solicitation. Questions received after
"Question Due Date" shall not be
answered. Interpretations or clarifications in
response to such questions will be issued via
Bonfire. The issuance of a response via
Bonfire is considered an Addendum and
shall be the only official method whereby
such an interpretation or clarification will be
made.
Bonfire Support is also available to assist
proposers with submitting their proposal and
to ensure that proposers are submitting their
proposals correctly. Proposers should
ensure that they contact they Bonfire support
at Supporta-GoBonfire.com with ample time
before the bid closing date and time.
For all other questions related to this
solicitation, please contact the Purchasing
Department at purchasing(d)-ppines.com.
3.5 RULES, REGULATIONS, LAWS,
ORDINANCES and LICENSES
The awarded contractor shall observe and
obey all laws, ordinances, rules, and
regulations of the federal, state, and CITY,
which may be applicable to the service being
provided. The awarded firm shall have or be
responsible for obtaining all necessary
RFP # RE-24-04 SECTION 3 - GENERAL TERMS & CONDITIONS Page 27
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
Ja
City of Pembroke Pines
permits or licenses required, if necessary, in
order to provide this service.
Proposer warrants by submittal that prices
quoted here are in conformity with the latest
federal price guidelines, if any.
3.6 WARRANTIES FOR USAGE
Whenever a bid is sought, seeking a source
of supply for a specified time for materials or
service, the quantities or usage shown are
estimated only. No guarantee or warranty is
given or implied by the City as to the total
amount that may or may not be purchased
from any resulting contracts. These
quantities are for proposer's information only
and will be used for tabulation and
presentation of bid.
3.7 BRAND NAMES
If and wherever in the specifications a brand
name, make, name of manufacturer, trade
name, or vendor catalog number is
mentioned, it is for the purpose of
establishing a grade or quality of material
only. Since the City does not wish to rule out
other competition and equal brands or
makes, the phrase "OR EQUAL" is added.
However, if a product other than that
specified is bid, Proposers shall indicate on
their proposal and clearly state the proposed
substitution and deviation. It is the vendor's
responsibility to provide any necessary
documentation and samples within their bid
submittal to prove that the product is equal to
that specified. Such samples are to be
furnished before the date of bid opening,
unless otherwise specified. Additional
evidence in the form of documentation and
samples may be requested if the proposed
brand is other than that specified. The City
retains the right to determine if the proposed
brand shall be considered as an approved
equivalent or not.
3.8 QUALITY
All materials used for the manufacture or
construction of any supplies, materials, or
equipment covered by this bid shall be new,
the latest model, of the best quality, and
highest grade workmanship, unless
otherwise noted.
3.9 SAMPLES
Samples, when requested, must be
furnished before, or at the bid opening,
unless otherwise specified, and delivered
free of expense to the City and if not used in
testing or destroyed, will upon request within
thirty (30) days of bid award be returned at
the proposer's expense.
3.10 ESTIMATED QUANITIES
No guarantee is expressed or implied as to
the total quantity of commodities/services to
be purchased pursuant to this solicitation.
Estimated quantities will be used for
comparison and ranking purposes only. The
City is not obligated to contract for a given
amount of commodities/services subsequent
to the award of this solicitation. The City
reserves the right to issue separate purchase
orders as needed, issue a blanket purchase
order, and release partial quantities, or any
combination of the preceding as deemed
necessary by the City.
3.11 DEVELOPMENT COSTS
Neither the City nor its representatives shall
be liable for any expenses incurred in
connection with the preparation, submission
or presentation of a Bid in response to this
solicitation. All information in the Bid shall be
provided at no cost to the City.
3.12 PRICING
Prices should be stated in units of quantity
specified in the bidding specifications. In
case of discrepancy in computing the
amount of the bid, the unit prices quoted will
govern.
Proposer warrants by virtue of bidding that
prices, terms, and conditions quoted in his
bid will be firm for acceptance for a period of
ninety (90) days from date of bid opening
RFP # RE-24-04 SECTION 3 - GENERAL TERMS & CONDITIONS Page 28
Docusign Envelope ID: A6158799-C7BC-4838-B581-OC84CDE501397
City of Pembroke Pines
unless otherwise stated by the City or
proposer.
3.13 DELIVERY POINT
All items shall be delivered F.O.B.
destination, and delivery cost and charges
included in the bid price. Failure to do so
may be cause for rejection of bid.
3.14 TAX EXEMPT STATUS
The City is exempt from Florida Sales and
Federal Excise taxes on direct purchase of
tangible property.
3.16 CONTRACT TIME
By virtue of the submission of the Proposal,
Proposer agrees and fully understands that
the completion time of the work of the
Contract is an essential and material
condition of the Contract and that time is of
the essence. The Successful Proposer
agrees that all work shall be prosecuted
regularly, diligently and uninterrupted at such
rate of progress as will ensure full completion
thereof within the time specified. Failure to
complete the work within the time period
specified shall be considered a default.
In addition, time will be of the essence for any
orders placed as a result of this bid.
Purchaser reserves the right to cancel such
orders, or part thereof, without obligation if
delivery is not made at the time(s) or place(s)
specified.
3.16 COPYRIGHT OR PATENT RIGHTS
Proposer warrants that there have been no
violations of copyrights or patent rights in
manufacturing, producing, or selling other
goods shipped or ordered as a result of this
bid, and seller agrees to hold the purchaser
harmless from any and all liability, loss or
expense occasioned by such violation.
3.17 PUBLIC ENTITY CRIMES
"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 on a contract to provide any
goods or services to a public entity, may not
submit a bid on a contract with a public entity
for the construction or repair of a public
building or public work, may not submit bids
on leases of real property to a public entity,
may not be awarded or perform work as a
contractor, supplier, subcontractor, or
consultant under a contract with any public
entity, and may not transact business with
any public entity in excess of the threshold
amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months
from the date of being placed on the
convicted vendor list."
The Public Entity Crime Affidavit Form, in the
Vendor Registration module on the Bonfire
website, includes documentation that shall
be executed by an individual authorized to
bind the Proposer. The Proposer further
understands and accepts that any contract
issued as a result of this solicitation shall be
either voidable or subject to immediate
termination by the City. In the event there is
any misrepresentation or lack of compliance
with the mandates of Section 287.133 or
Section 287.134, respectively, Florida
Statutes. The City in the event in such
termination, shall not incur any liability to the
Proposer for any goods, services or
materials furnished.
3.18 CONFLICT OF INTEREST
The award of any contract hereunder is
subject to the provisions of Chapter 112,
Florida Statutes. Proposers must disclose
with their Proposal the name of any officer,
director, partner, proprietor, associate or
agent who is also an officer or employee of
CITY or any of its agencies. Further, all
Proposers must disclose the name of any
officer or employee of CITY who owns,
directly or indirectly, an interest of five
percent (5%) or more in the Proposer 's firm
or any of its branches or affiliate companies.
3.19 FACILITIES
RFP # RE-24-04 SECTION 3 - GENERAL TERMS & CONDITIONS Page 29
Docusign Envelope ID: A6158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
The City reserves the right to inspect the
Proposer's facilities at any time with prior
notice.
3.20 ENVIRONMENTAL REGULATIONS
CITY reserves the right to consider
Proposer's history of citations and/or
violations of environmental regulations in
determining a Proposer's responsibility, and
further reserves the right to declare a
Proposer not responsible if the history of
violations warrant such determination.
Proposer shall submit with the Proposal, a
complete history of all citations and/or
violations, notices and dispositions thereof.
The non -submission of any such
documentation shall be deemed to be an
affirmation by the Proposer that there are no
citations or violations. Proposer shall notify
CITY immediately of notice of any citation or
violation that Proposer may receive after the
Proposal opening date and during the time of
performance of any contract awarded to
Proposers.
3.21 SIGNATURE REQUIRED
All proposals must be signed with the firm
name and by an officer or employee having
authority to bind the company or firm by his
signature. FAILURE TO PROPERLY SIGN
PROPOSAL SHALL INVALIDATE SAME,
AND IT MAY NOT BE CONSIDERED FOR
AWARD.
The individual executing this Bid on behalf of
the Company warrant to the City that the
Company is authorized to do business in the
State of Florida, is in good standing and that
Company possesses all of the required
licenses and certificates of competency
required by the State of Florida and Broward
County to provide the goods or perform the
services herein described.
The signed bid shall be considered an offer
on the part of the proposer or contractor,
which offer shall be deemed accepted upon
approval by the City Commission of the City
of Pembroke Pines and in case of default on
the part of the proposer or contractor after
such acceptance, the City of Pembroke
Pines may take such action as it deems
appropriate including legal action for
damages or specific performance.
3.22 MANUFACTURER'S
CERTIFICATION
The City of Pembroke Pines reserves the
right to request from proposer separate
manufacturer certification of all statements
made in the proposal.
3.23 MODIFICATION OR
WITHDRAWAL OF PROPOSAL
The City recommends for proposers to
submit their proposals as soon as they are
ready to do so. Please allow ample time to
submit your proposals on the Bonfire
website. Proposals may be modified or
withdrawn prior to the deadline for submitting
Proposals.
3.24 PUBLIC BID; BID OPENING AND
GENERAL EXEMPTIONS
All submittals received by the deadline will be
recorded, and will subsequently be publicly
opened on the same business day at 2:30
p.m. at the office of the City Clerk, 4th Floor,
601 City Center Way, Pembroke Pines,
Florida, 33025.
All Proposals received from Proposers in
response to the solicitation will become the
property of CITY and will not be returned to
the Proposers. In the event of Contract
award, all documentation produced as part of
the Contract shall become the exclusive
property of CITY. Proposers are requested
to identify specifically any information
contained in their Proposals which they
consider confidential and/or proprietary and
which they believe to be exempt from
disclosure, citing specifically the applicable
exempting law.
Pursuant to Section 119.071 of the Florida
Statutes, sealed bids, proposals, or replies
received by a Florida public agency shall
RFP # RE-24-04 SECTION 3 - GENERAL TERMS & CONDITIONS Page 30
Docusign Envelope ID: A13158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
remain exempt from disclosure until an
intended decision is announced or until 30
days from the opening, whichever is earlier.
Therefore, proposers will not be able to
procure a copy of their competitor's bids until
an intended decision is reached or 30 days
has elapsed since the time of the bid
opening.
However, pursuant to Section 255.0518 of
the Florida Statutes, when opening sealed
bids that are received pursuant to a
competitive solicitation for construction or
repairs on a public building or public
work, the entity shall:
(a) Open the sealed bids at a public
meeting.
(b) Announce at that meeting the name
of each bidder and the price
submitted in the bid.
(c) Make available upon request the
name of each bidder and the price
submitted in the bid.
For solicitations that are not for
"construction or repairs on a public
building or public work" the City shall not
reveal the prices submitted in the bids until
an intended decision is announced or until 30
days from the opening, whichever is earlier.
3.25 RESERVATIONS FOR REJECTION
AND AWARD
The City of Pembroke Pines reserves the
right to accept or reject any and all bids or
parts of bids, to waive irregularities and
technicalities, and to request rebids. The
City also reserves the right to award a
contract on such items(s) or service(s) the
City deems will best serve its interests. All
bids shall be awarded to the most
responsive/responsible proposer, provided
the (City) may for good cause reject any bid
or partthereof. It further reserves the right to
award a contract on a split order basis, or
such combinations.as shall best serve the
interests of the City unless otherwise
specified. No premiums, rebates or
gratuities permitted, either with, prior to, or
after award. This practice shall result in the
cancellation of said award and/or return of
items (as applicable) and the recommended
removal of proposer from bid list(s).
3.26 BID PROTEST
Any protests or challenges to this
competitive procurement shall be governed
by Section 35.38 of the City's Code of
Ordinances.
3.27 INDEMNIFICATION
The Successful Proposer shall pay all
claims, losses, liens, settlements or
judgments of any nature whatsoever in
connection with the subsequent
indemnifications including, but not limited to,
reasonable attorney's fees (including
appellate attorney's fees) and costs.
CITY reserves the right to select its own legal
counsel to conduct any defense in any such
proceeding and all costs and fees associated
therewith shall be the responsibility of
Successful Proposer under the
indemnification agreement. Nothing
contained herein is intended nor shall it be
construed to waive City's rights and
immunities under the common law or Florida
Statute 768.28 as amended from time to
time.
Additional indemnification requirements may
be included under Special Terms and
Conditions and/or as part of a specimen
contract included in the solicitation package.
General Indemnification: To the fullest
extent permitted by laws and regulations,
Successful Proposer shall indemnify,
defend, save and hold harmless the CITY, its
officers, agents and employees, harmless
from any and all claims, damages, losses,
liabilities and expenses, direct, indirect or
consequential arising out of or in
consequential arising out of or alleged to
have arisen out of or in consequence of the
products, goods or services furnished by or
operations of the Successful Proposer or his
subcontractors, agents, officers, employees
RFP # RE-24-04 SECTION 3 - GENERAL TERMS & CONDITIONS Page 31
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE501397
City of Pembroke Pines
or independent contractors pursuant to or in
the performance of the Contract.
Indemnification for Design Professionals
and Construction Contracts: The
Successful Proposer shall indemnify and
hold harmless the CITY, its officers and
employees, from any and all liability, losses
or damages, including reasonable attorneys'
fees and costs of defense, which the CITY,
its officers and employees, may incur as a
result of claims, demands, suits, causes of
actions or proceedings of any kind or nature
to the extent such claims are caused by the
negligence, recklessness, or intentional
wrongful conduct of the Successful Proposer
and other persons employed or utilized by
the Successful Proposer during performance
of the resulting Agreement.
Patent and Copyright Indemnification:
Successful Proposer agrees to indemnify,
defend, save and hold harmless the CITY, its
officers, agents and employees, from all
claims, damages, losses, liabilities and
expenses arising out of any alleged
infringement of copyrights, patent rights
and/or the unauthorized or unlicensed use of
any invention, process, material, property or
other work manufactured or used in
connection with the performance of the
Contract, including its use by CITY.
3.28 DEFAULT PROVISION
In the case of default by the proposer or
contractor, the City of Pembroke Pines may
procure the articles or services from any
other sources and hold the proposer or
contractor responsible for any excess costs
occasioned or incurred thereby.
The City shall be the sole judge of
nonperformance, which shall include any
failure on the part of the successful Proposer
to accept the Award, to furnish required
documents, and/or to fulfill any portion of the
contract within the time stipulated. Upon
default by the successful Proposer to meet
any terms of this agreement, the City will
notify the Proposer five (5) days (weekends
and holidays excluded) to remedy the
default. Failure on the Contractor's part to
correct the default within the required five (5)
days shall result in the contract being
terminated and upon the City notifying in
writing the Contractor of its intentions and the
effective date of the termination. The
following shall constitute default:
A. Failure to perform the Work required
under the contract and/or within the time
required or failing to use the subcontractor,
entities and personnel as identified and set
forth, and to the degree specified in the
contract.
B. Failure to begin the Work under this Bid
within the time specified.
C. Failure to perform the Work with sufficient
Workers and equipment or with sufficient
materials to ensure timely completion.
D. Neglecting or refusing to remove
materials or perform new Work where prior
Work has been rejected as non -conforming
with the terms of the contract.
E. Becoming insolvent, being declared
bankrupt, or committing act of bankruptcy or
insolvency, or making an assignment
renders the successful Proposer incapable
of performing the Work in accordance with
and as required by the contract.
F. Failure to comply with any of the terms of
the contract in any material respect.
In the event of default of a contract, the
successful Proposer shall pay all attorney's
fees and court costs incurred in collecting
any damages. The successful Proposer shall
pay the City for any and all costs incurred in
ensuing the completion of the project.
Additional provisions may be included in the
specimen contract.
3.29 ACCEPTANCE OF MATERIAL
The material delivered under this proposal
shall remain the property of the seller until a
RFP # RE-24-04 SECTION 3 - GENERAL TERMS & CONDITIONS Page 32
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
_Y
City of Pembroke Pines
physical inspection and actual usage of this
material and/or services is made and
thereafter accepted to the satisfaction of the
City and must comply with the terms herein,
and be fully in accord with specifications and
of the highest quality. In the event the
material and/or services supplied to the City
are found to be defective or do not conform
to specifications, the City reserves the right
to cancel the order upon written notice to the
seller and return product to seller at the
sellers expense.
3.30 LOCAL GOVERNMENT PROMPT
PAYMENT ACT
The City complies with Florida Statute
218.70, Local Government Prompt Payment
Act.
3.31 SCRUTINIZED COMPANIES LIST
In accordance with Florida Statue 287.135,
as amended, 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 of:
(a) Any amount of, at the time of bidding on,
submitting a proposal for, or entering into or
renewing such contract, the company is on
the Scrutinized Companies that Boycott
Israel List, created pursuant to s. 215.4725,
or is engaged in a boycott of Israel; or
(b) One million dollars or more if, at the time
of bidding on, submitting a proposal for, or
entering into or renewing such contract, the
company:
1. Is on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran
Petroleum Energy Sector List, created
pursuant to s. 215.473; or
2. Is engaged in business operations in
Syria.
By submitting a bid, proposal or response,
the company, principals or owners certify
that they are not listed on the Scrutinized
Companies that boycott Israel List,
Scrutinized Companies with activities in
Sudan List, Scrutinized Companies with
Activities in the Iran Petroleum Energy
Sector List, or is engaged in business
operations in Syria.
3.32 PUBLIC RECORDS; TRADE
SECRET, PROPRIETARY AND
CONFIDENTIAL SUBMITTALS
The Proposer's response to this solicitation
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 solicitation and the
Contract to be executed for this solicitation,
subject to the provisions of Chapter 119.07
of the Florida Statutes.
Any language contained in the Proposer's
response to the solicitation purporting to
require confidentiality of any portion of the
Proposer's response to the solicitation,
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 solicitation
constitutes a Trade Secret.
RFP # RE-24-04 SECTION 3 - GENERAL TERMS & CONDITIONS Page 33
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
Any claim of confidentiality on financial
statements must be asserted at the time of
submittal. The firm must identify the specific
statute that authorizes the exemption from
the Public Records Law. Please note that
the financial statement exemption provided
for in Section 119.071(1)c, Florida Statutes
only applies to submittals in response to a
solicitation for a "public works" project.
EXCEPT FOR CLEARLY MARKED
PORTIONS THAT ARE BONA FIDE TRADE
SECRETS PURSUANT TO FLORIDA LAW,
DO NOT MARK YOUR RESPONSE TO THE
SOLICITATION AS PROPRIETARY OR
CONFIDENTIAL. DO NOT MARK YOUR
RESPONSE TO THE SOLICITATION OR
ANY PART THEREOF AS COPYRIGHTED.
ALL DOCUMENTS THAT THE FIRM
PURPORTS TO BE CONFIDENTIAL,
PROPRIETARY OR A TRADE SECRET
SHALL BE UPLOADED TO THE BONFIRE
WEBSITE AS A SEPARATE ATTACHMENT
CLEARLY IDENTIFYING THE EXEMPTION
BEING CLAIMED UNDER FLORIDA
STATUTES 119.07.
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 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.
3.33 PURCHASING AGREEMENTS
WITH OTHER GOVERNMENT
AGENCIES
It ishereby made part of this solicitation that
the submission of any bid response to this
advertised request constitutes a bid made
under the same or similar terms and
conditions, for the same price, or better price,
to other government agencies if agreeable
by the proposer and the government agency.
At the option of the vendor/contractor, the
use of the contract resulting from this
solicitation may be extended to other
governmental agencies, including the State
of Florida, its agencies, political subdivisions,
counties, and cities.
Each governmental agency allowed by the
vendor/contractor to use this contract shall
do so independently of any other
governmental entity. Each agency shall be
responsible for its own purchases and shall
be liable only for goods or services ordered,
received, and accepted. No agency receives
any liability by virtue of this bid and
subsequent contract award.
3.34 CONE OF SILENCE
Prohibited Communication: In accordance
with the Cone of Silence Ordinance, Section
35.40 of the City's Code of Ordinances,
during the course of a sealed competitive
solicitation, a cone of silence shall be in
effect between:
(1) Any person or entity that seeks a
contract, contract amendment, award,
recommendation, or approval related to a
sealed competitive solicitation or that is
subject to being evaluated or having its
response evaluated in connection with a
sealed competitive solicitation, including a
person or entity's representative; and
(2) The City Manager or any person or
group of persons appointed or designated by
the City Commission or the City Manager to
evaluate, select, or make a recommendation
to the City Commission or the City Manager
regarding a sealed competitive solicitation,
including any member of the
selection/evaluation committee.
Effective Dates: A cone of silence shall be
in effect during a sealed competitive
solicitation process beginning upon the
advertisement for the sealed competitive
solicitation or during such other procurement
activities as declared by the City
Commission, and shall terminate at the time
the City Commission takes final action or
gives final approval of a contract, rejects all
bids or responses to the sealed competitive
RFP # RE-24-04 SECTION 3 - GENERAL TERMS & CONDITIONS Page 34
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
AZ
City of Pembroke Pines
solicitation, or takes other action which ends
the sealed competitive solicitation process.
Permitted Communication: The cone of
silence shall not apply to:
(1) Written or oral communications with
legal counsel for the city, the Procurement
Department staff for the city, and the person
or persons designated in the sealed
competitive solicitation as the contact person
for clarification or information related to the
sealed competitive solicitation.
(2) Public presentations, asking
questions, or providing feedback at pre -bid
meetings, site visits or conferences or at a
selection, evaluation or negotiation meeting
related to the sealed competitive solicitation.
(3) Contract negotiations with the
selected entity.
Violations: Any action in violation of this
section shall be cause for disqualification of
the bid or the proposal.
3.35 E-VERIFY
Contractor certifies that it is aware of and
complies with the requirements of Section
448.095, Florida Statues, as may be
amended from time to time and briefly
described herein below.
1) Definitions for this Section:
a) "Contractor" means a person or
entity that has entered or is attempting to
enter into a contract with a public
employer to provide labor, supplies, or
services to such employer in exchange
for salary, wages, or other remuneration.
"Contractor" includes, but is not limited
to, a vendor or consultant.
b) "Subcontractor" means a person or
entity that provides labor, supplies, or
services to or for a contractor or another
subcontractor in exchange for salary,
wages, or other remuneration.
c) "E-Verify system" means an Internet -
based system operated by the United
States Department of Homeland Security
that allows participating employers to
electronically verify the employment
eligibility of newly hired employees.
2) Registration Requirement; Termination:
Pursuant to Section 448.095, Florida
Statutes, effective January 1, 2021,
Contractors, shall register with and use the
E-verify system in order to verify the work
authorization status of all newly hired
employees. Contractor shall register for and
utilize the U.S. Department of Homeland
Security's E-Verify System to verify the
employment eligibility of:
a) All persons employed by a Contractor
to perform employment duties within
Florida during the term of the contract; and
b) All persons (including subvendors /
subconsultants / subcontractors) assigned
by Contractor to perform work pursuant to
the contract with the City of Pembroke
Pines. The Contractor acknowledges and
agrees that registration and use of the U.S.
Department of Homeland Security's E-
Verify System during the term of the
contract is a condition of the contract with
the City of Pembroke Pines; and
c) The Contractor shall comply with the
provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from
time to time. This includes, but is not limited
to registration and utilization of the E-Verify
System to verify the work authorization
status of all newly hired employees.
Contractor shall also require all
subcontractors to provide an affidavit
attesting that the subcontractor does not
employ, contract with, or subcontract with,
an unauthorized alien. The Contractor shall
maintain a copy of such affidavit for the
duration of the contract. Failure to comply
RFP # RE-24-04 SECTION 3 - GENERAL TERMS & CONDITIONS Page 35
Docusign Envelope ID: A13158799-C7BC-4838-B581-OC84CDE50697
City of Pembroke Pines
will lead to termination of this Contract, or
if a subcontractor knowingly violates the
statute, the subcontract must be
terminated immediately. Any challenge to
termination under this provision must be
filed in the Circuit Court no later than
twenty (20) calendar days after the date of
termination. Termination of this Contract
under this Section is not a breach of
contract and may not be considered as
such. If this contract is terminated for a
violation of the statute by the Contractor,
the Contractor may not be awarded a
public contract for a period of one (1) year
after the date of termination.
3.36 JESSICA LUNSFORD ACT
Background screening requirements for
Contractor's performing services for or at
City's Charter Schools. (1) Except as
provided in §§1012.467 or 1012.468,
Florida Statutes, non -instructional school
employees or contractual personnel who
(i) are permitted access on school
grounds when students are present, (ii)
who have direct contact with students or,
(iii) who have access to or control of
school funds must meet level 2 screening
requirements as described in §1012.32,
Florida Statutes. Contractual personnel
shall include any Contractor, individual,
or entity under contract with the City
engaged to perform services for or at
City's Charter Schools.
(2) Every 5 years following employment
or entry into a resulting contract in a
capacity described in subsection (1),
each person who is so employed or
under contract with the City must meet
level 2 screening requirements as
described in §1012.32, Florida Statutes,
at which time the City shall request the
Department of Law Enforcement to
forward the fingerprints to the Federal
Bureau of Investigation for the level 2
screening. If, for any reason following
employment or entry into a resulting
contract in a capacity described in
subsection (1), the fingerprints of a
person who is so employed or under
contract with the City are not retained by
the Department of Law Enforcement
under §1012.32(3)(a) and (b), Florida
Statutes, the person must file a complete
set of fingerprints with the City. Upon
submission of fingerprints for this
purpose, the City shall request the
Department of Law Enforcement to
forward the fingerprints to the Federal
Bureau of Investigation for the level 2
screening, and the fingerprints shall be
retained by the Department of Law
Enforcement under §1012.32(3)(a) and
(b), Florida Statutes. The cost of the state
and federal criminal history check
required by level 2 screening shall be
borne by the Contractor, or the person
fingerprinted. Under penalty of perjury,
each person who is employed or
engaged to perform a resulting contract
in a capacity described in subsection (1)
must agree to inform his or her employer
or the party with whom he or she is under
contract within 48 hours if convicted of
any disqualifying offense while he or she
is employed or under a resulting contract
in that capacity. (3) If it is found that a
person who is employed or under
contract in a capacity described in
subsection (1) does not meet the level 2
requirements, the person shall be
immediately suspended from working in
that capacity and shall remain
suspended until final resolution of any
appeals.
3.37 PROHIBITION AGAINST
CONSIDERING SOCIAL,
POLITICAL OR IDEOLOGICAL
RFP # RE-24-04 SECTION 3 - GENERAL TERMS & CONDITIONS Page 36
Docusign Envelope ID: A6158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
INTERESTS IN GOVERNMENT
CONTRACTING
Bidders are hereby notified of the
provisions of section 287.05701, Florida
Statutes, as amended, that the City will
not request documentation of or
consider a Bidder's social, political, or
ideological interests when determining if
the Bidder is a responsible
Bidder. Bidders are further notified that
the City's governing body may not give
preference to a Bidder based on the
Bidder's social, political, or ideological
interests.
RFP # RE-24-04 SECTION 3 - GENERAL TERMS & CONDITIONS Page 37
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
BIDDER is the
NON -COLLUSIVE AFFIDAVIT
(Owner, Partner, Officer, Representative or Agent)
BIDDER is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said BIDDER nor any of its officers, partners, owners, agents, representative,
employees or parties in interest, including this affidavit, have in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other BIDDER, firm or person to submit
a collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted; or to refrain from bidding in connection with such Contract; or have in any
manner, directly or indirectly, sought by agreement or collusion, or communications, or
conference with any BIDDER, firm, or person to fix the price or prices in the attached Bid or
any other BIDDER, or to fix any overhead, profit, or cost element of the Bid Price or the Bid
Price of any other BIDDER, or to secure through any collusion conspiracy, connivance, or
unlawful agreement any advantage against (Recipient), or any person interested in the
proposed Contract;
The price of items quoted in the attached Bid are fair and proper and are not tainted by collusion,
conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of its
agents, representatives, owners, employees or parties in interest, including this affidavit.
Printed Name/Signature
Title
Name of Company
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
C
ACORD CERTIFICATE OF LIABILITY INSURANCE I
DATE(MM/DD[YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
YOUR COMPANY NAME HERE I 1INSURERC, Companies providing coverage
INSURER D.
COVFRAGFS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (mminniyy)
POLICY EXPIRATIONLTR
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
,,.,:. =CLAIMS MADE OCCUR
EACH OCCURRENCE
$
Must Include General Liability
FIRE DAMAGE (Any one fire)
$
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GENT AGGREGATE LIMIT APPLIES PER:
policy = project ❑ loc
PRODUCTS - COMP/OP AGG
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
SAMPLE CERTIFICATE
GARAGE LIABILITY
ANY AUTO
AUTO ONLY -EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
EXCESS LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
$
AGGREGATE
$
$
$
COMPENSATION AND
EMPLOYERS' LIABILITY
WC STAT01 H-
U-ORY LIMITS I I ER
TWORKERS
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
OTHER
Certificate must contain wording similar to what appears below
DESCRIPTION OF OPERAT ONS LOCAT ONSIVEH CLES EXC
"THE CERTIFICATE HOLDER IS NAMED AS ADDITIONALLY_INSURED WITH REGARD TO GENERAL LIABILITY" ,
C:tK l II-IUA I t HULUtK ADDITIONAL INSURED; INSURER LETTER: C:ANC:tLLA I IUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Pembrok lines IL 30 DAYS WRITTEN
601 City Center way City Must Be Named as Certificate Holder LEFT.
Pembroke Pines FL 33025
AUTHORIZED REPRESENTATIVE
RD
(DACORD CORPORATION 1988
n
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
-` "`` City of Pembroke Pines
CONTINUING SERVICES AGREEMENT
THIS IS AN AGREEMENT ("Agreement"), dated this day of
by and between:
Attachment C
THE CITY OF PEMBROKE PINES, a municipal corporation of the State of
Florida with a business address of 601 City Center Way, Pembroke Pines, Florida
33025 (hereinafter referred to as the "CITY")
and
«Vendor Name_ Upper_ Case», a «Vendor Business_Type», as listed with the
Florida Division of Corporations, authorized to do business in the State of Florida,
and with a business address of <<Vendor_Corporate_Address_Line_1»,
<<Vendor_ Corporate_Address_Line_2» (hereinafter referred to as the
"CONTRACTOR"). CITY and CONTRACTOR may hereinafter be referred to
collectively as the "Parties."
WITNESSETH:
2021
In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter
set forth, CITY and CONTRACTOR agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference for this Agreement, and to
generally express the objectives and intentions of the respective parties herein, the following
statements, representations, and explanations shall be accepted as predicates for the undertakings and
commitments included within the provisions which follow, and may be relied upon by the parties as
essential elements of the mutual considerations upon which this Agreement is based.
1.1 On <<Solicitation Advertisement_ Date», the CITY advertised its notice to bidders of the
CITY's desire to hire a firm to provide <<Service_Description» as more particularly described in
Exhibit "A" attached hereto and by this reference made a part hereof, for the said bid entitled:
<<Solicitation_Type_Abbreviation» # «Solicitation Number»
"«Solicitation Title» "
1.2 On «Bid Opening_Date», the bids were opened at the offices of the City Clerk.
Pagel of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
X-" '`-`"` City of Pembroke Pines
1.3 On 2021, the CITY Commission approved the ranking of the firms
responding to the referenced solicitation and authorized the negotiation of Continuing Services
Agreements for an initial <<Initial Contract Length» term.
1.4 Negotiations pertaining to the services to be performed by the CONTRACTOR were
undertaken and this Agreement incorporates the results of such negotiation.
1.5 CONTRACTOR is one of the «Number_ of Vendors_ in_ the_ Pool» highest ranked
qualified firms referenced above and is willing and able to perform such
«Service_ Description» for the CITY on an as needed basis, pursuant to the basic terms and
conditions set forth in this Agreement (hereinafter referred to as "Continuing Services
Agreement" or "Agreement").
1.6 The purpose of this Continuing Services Agreement is not to authorize any specific
services, but to set forth certain terms and conditions which shall apply when and if
CONTRACTOR is chosen, from the pool of contractors, from a request to submit a bid on a
specific project.
1.7 CITY intends and CONTRACTOR acknowledges that any future services pursuant to this
Agreement shall be non-exclusive and performed on an as needed basis and at the sole discretion
of CITY, with no guaranty as to any minimum amount of work to be performed by
CONTRACTOR.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 CITY agrees to purchase and CONTRACTOR agrees to provide goods and/or services to the
City for specified projects as may be identified by CITY from time to time in CITY's sole discretion
(the "Services") all of which shall be the subject of this Agreement. CITY makes no representation
to CONTRACTOR of exclusivity nor of any minimum amount of work to be assigned to
CONTRACTOR by CITY.
2.2 CONTRACTOR shall provide the Services as identified herein and in the CITY's
<<Solicitation_Type_Abbreviation>> and CONTRACTOR's response thereto, collectively
incorporated herein as Exhibit "A" and made a specific part hereof, according to the prices and terms
contained therein.
2.3 The Parties acknowledge that this Agreement is a term contract and that CITY shall
purchase and CONTRACTOR shall provide the Services on an as -needed basis upon written
request of the CITY. Nothing contained herein or in any exhibit or amendment hereto, shall require
the CITY to procure any Services identified in Exhibit "A".
2.4 As needed, the CITY shall communicate with CONTRACTOR to determine
CONTRACTOR's availability to perform a particular assignment or project pursuant to the terms
and conditions of this Agreement. In the event CONTRACTOR agrees to provide such Services,
Page 2 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
"�s':�a�S l:: .�- '�4'33i�
*- `"`` City of Pembroke Pines
CITY shall issue a written authorization to proceed. No work may be undertaken without a prior
written authorization from the CITY. Any such Services performed by CONTRACTOR without
such written authorization or Notice to Proceed, shall be at CONTRACTOR's own risk and shall
not incur any liability to CITY.
2.5 All specifications and plans prepared or to be used for the Services provided herein shall
be certified and approved by CONTRACTOR and submitted to the CITY for approval prior to
advertisement or implementation as applicable.
2.6 All Services provided by CONTRACTOR shall be provided in a professional manner and
CONTRACTOR acknowledges that CITY ' is relying upon CONTRACTOR's professional
knowledge and expertise to perform under this Agreement. Services performed by
CONTRACTOR shall be in accordance with the schedule provided by CITY, unless the parties
agree in writing to modify or change the schedule. CONTRACTOR's failure to maintain the
implementation schedule may warrant a full review by the CITY.
2.7 In the event the CONTRACTOR requires the services of any subconsultants
/subcontractors or other professional associates in connection with services covered by this
Agreement, the CONTRACTOR must secure the prior written approval of the CITY.
2.8 Any subcontract with a subcontractor or subconsultant shall afford to the CONTRACTOR
rights against the subcontractor or subconsultant which correspond to those rights afforded to the
CITY against the CONSULTANT herein, including but not limited to those rights of termination
as set forth herein.
2.9 No reimbursement shall be made to the CONTRACTOR for any subconsultants that have
not been previously approved by the CITY for use by the CONTRACTOR.
ARTICLE 3
TERM AND TERMINATION
3.1 CONTRACTOR shall provide the Services as identified herein and in Exhibit "A" attached
hereto and made part hereof, for an initial <4nitial Contract Length» period commencing on
«Commencement_ Date» and ending on <<Termination_Date», and according to the estimated
schedule contained in Exhibit "A".
3.2 This Agreement may be renewed for «Contract_Renewal_Terms» upon mutual consent,
evidenced by a written Amendment to this Agreement extending the term thereof.
3.3 Post Contractual Obligations. In the event that the term of this agreement expires, the
CONTRACTOR agrees to continue providing services, on a month to month basis until the CITY
establishes a new contract for services.
3.4 Termination for Convenience. This Agreement may be terminated by CITY for
convenience, upon providing «Termination_for Convenience» days of written notice by the
Page 3 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE50697
-= '` `~ City of Pembroke Pines
iy,, _
terminating party to the other parry for such termination in which event CONTRACTOR shall be
paid its compensation for services performed to termination date, including services reasonably
related to termination. In the event that CONTRACTOR abandons this Agreement or causes it to
be terminated, CONTRACTOR shall indemnify CITY against loss pertaining to this termination.
3.5 In the event CONTRACTOR abandons or terminates this Agreement or causes it to be
terminated by CITY for any reason, CONTRACTOR shall indemnify CITY against any loss
pertaining to this termination.
For purposes of this Agreement, termination by CITY for cause includes, but is not limited to, any
of the following circumstances:
3.5.1 CONTRACTOR's failure to keep, perform and observe each and every provision
of this Agreement and such failure continues for a period of more than fifteen (15)
days after CITY's delivery of a written notice to CONTRACTOR's of such breach
or default;
3.5.2 CONTRACTOR becomes insolvent;
3.5.3 CONTRACTOR takes the benefit of any present or future insolvency statute;
3.5.4 CONTRACTOR makes a general assignment for the benefit of creditors,
3.5.5 CONTRACTOR files a voluntary petition in bankruptcy or a petition or answer
seeking an arrangement of its reorganization or the readjustment of its indebtedness
under the Federal Bankruptcy laws or under any other law or statute of the United
States or any state thereof;
3.5.6 CONTRACTOR consents to the appointment of a receiver, trustee or liquidator of
all or substantially all of its property;
3.5.7 A petition under any present or future insolvency laws or statute is filed against
CONTRACTOR and such petition is not dismissed within thirty (30) days after its
filing; or
3.5.8 Any assignment of this Agreement in whole or in part, or any of CONTRACTOR's
rights and obligations hereunder.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
4.1 Unless stated otherwise on attached Exhibit "A", CITY's sole compensation to
CONTRACTOR for the provision of Services hereunder shall be based on the as -needed services
provided and governed by «Solicitation_ Title» program subject to the applicable rules and
regulations governing those programs. Upon delivery, the CITY shall make final inspection of the
Services rendered. If this inspection shows that the Services have been delivered in a satisfactory
manner and in accordance with the specifications of this Agreement or purchase order submitted
Page 4 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
=- -`:= City of Pembroke Pines
by the CITY, the CITY shall receive the same. Final payment due the CONTRACTOR shall be
withheld until inspection is made by the CITY and merits of performance evaluated. This total
acceptance will be done in a reasonable and timely manner. Upon acceptance, CONTRACTOR
shall submit to CITY an invoice for the Commodities provided and CITY, upon approval of the
invoice, shall pay the same within thirty (30) days.
4.2 If any of the Services is required to be rejected for any reason, the CONTRACTOR shall
be required to perform the Services to the satisfaction of the CITY. CITY shall pay
CONTRACTOR monthly in accordance with the Florida Prompt Payment Act. Additionally,
payment may be withheld by the City Manager, for failure of CONTRACTOR to comply with a
term, condition or requirement of this Agreement.
4.3 All payments shall be governed by the Local Government Prompt Payment Act, as set forth
in Part VII, Chapter 218, Florida Statutes.
ARTICLE 5
GUARANTEE OF SERVICES
5.1 CONTRACTOR warrants and guarantees that the Services provided, and each individual
good or item, including all components and all installed accessories and equipment, shall be fit for
the intended use of the Commodities and CONTRACTOR shall provide a warranty as to fitness
of the Commodities for a period of one hundred and eighty (180) days or the time designated in
the standard factory warranty or the time designated in Exhibit 'W', whichever is longer. The
warranty will cover parts, labor and any necessary shipping for repair or replacement of the
Commodities, or each individual good or item, including all components and all installed
accessories and equipment.
ARTICLE 6
INDEMNIFICATION
6.1 CONTRACTOR shall indemnify and hold harmless the CITY, its officers, agents, assigns,
employees, consultants, separate contractors, any of their subcontractors, and sub -subcontractors
from and against claims, demands, or causes of action whatsoever, and the resulting losses,
damages, costs and expenses, including but not limited to attorneys' fees, including paralegal
expenses, liabilities, damages, orders, judgments, or decrees, sustained by the CITY arising out of
or resulting from performance of this Agreement, the failure of CONTRACTOR to take out and
maintain insurance as required under this Agreement, and any negligent act or omission of
CONTRACTOR, its employees, agents, partners, principals, subcontractors, and officers. The
CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may
issue thereon.
Page 5 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE50B97
@ City of Pembroke Pines
6.2 Upon completion of all services, obligations and duties provided for in this Agreement, or
in the event of termination of this Agreement for any reason, the terms and conditions of this
Article shall survive indefinitely.
6.3 CITY reserves the right to select its own legal counsel to conduct any defense in any such
proceeding and all costs and fees associated therewith shall be the responsibility of
CONTRACTOR.
6.4 CONTRACTOR shall be liable for any accident, loss, injury or damages to persons and/or
property arising out of and/or resulting from CONTRACTOR's performance of the work required
by this Agreement.
6.5 Nothing contained herein is intended nor shall be construed to waive CITY's rights and
immunities under the common law or Section 768.28, Florida Statutes, as may be amended from
time to time.
ARTICLE 7
INSURANCE
7.1 The CONTRACTOR expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit
the responsibility to indemnify, keep and save harmless and defend the CITY or its officers,
employees, agents and instrumentalities as herein provided.
7.2 CONTRACTOR shall not commence work under this Agreement until it has obtained all
insurance required under this paragraph and such insurance has been approved by the Risk Manager
of the CITY nor shall the CONTRACTOR allow any subcontractor to commence work on any
subcontract until all similar such insurance required of the subcontractor has been obtained and
similarly approved.
7.3 Certificates of Insurance, reflecting evidence of the required insurance, shall be filed with the
CITY's Risk Manager prior to the commencement of this Agreement. Policies shall be issued by
companies authorized to do business under the laws of the State of Florida. The insurance company
shall be rated no less than "A" as to management, and no less than "Class VI" as to financial
strength according to the latest edition of Best's Insurance Guide published by A.M. Best
Company.
7.4 Certificates of Insurance shall provide for thirty (30) days' prior written notice to the CITY in
case of cancellation or material changes in the policy limits or coverage states. If the carrier cannot
provide thirty (30) days' notice of cancellation, either the CONTRACTOR or their Insurance Broker
must agree to provide notice.
7.5 Insurance shall be in force until all obligations required to be fulfilled under the terms of the
Agreement are satisfactorily completed as evidenced by the formal acceptance by the CITY. In the
event the insurance certificate provided indicates that the insurance shall terminate and lapse during
Page 6 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE50B97
@ City of Pembroke Pines
the period of this Agreement, the CONTRACTOR shall furnish, at least forty-five (45) days prior to
the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and
like coverage for the balance of the period of the Agreement and extension thereunder is in effect.
The CONTRACTOR shall neither commence nor continue to provide any services pursuant to this
Agreement unless all required insurance remains in full force and effect. CONTRACTOR shall be
liable to CITY for any lapses in service resulting from a gap in insurance coverage.
7.6 REQUIRED INSURANCE
CONTRACTOR shall be required to obtain all applicable insurance coverage, as indicated
below, prior to commencing any work pursuant to this Agreement:
Yes No
❑ ❑ 7.6.1 Comprehensive General Liability Insurance written on an occurrence basis including,
but not limited to: coverage for bodily injury and property damage, personal & advertising
injury, products & completed operations, and contractual liability. Coverage must be written
on an occurrence basis, with limits of liability no less than:
1. Each Occurrence Limit - $1,000,000
2. Fire Damage Limit (Damage to rented premises) - $100,000
3. Personal & Advertising Injury Limit - $1,000,000
4. General Aggregate Limit - $2,000,000
5. Products & Completed Operations Aggregate Limit - $2,000,000
Products & Completed Operations Coverage shall be maintained for the later of three (3)
years after the delivery of goods/services or final payment under the Agreement. (For
Construction projects: Increase to ten (10) years and include a Designated Construction
Project(s) General Aggregate Limit) The City of Pembroke Pines must be shown as an
additional insured with respect to this coverage. The CITY's additional insured status
shall extend to any coverage beyond the minimum limits of liability found herein.
Yes No
❑ ❑ 7.6.2 Workers' Compensation and Employers' Liability Insurance covering all
employees, and/or volunteers of the CONTRACTOR engaged in the performance of the
scope of work associated with this Agreement. In the case any work is sublet, the
CONTRACTOR shall require the subcontractors similarly to provide Workers'
Compensation Insurance for all the latter's employees unless such employees are covered
by the protection afforded by the CONTRACTOR. Coverage for the CONTRACTOR and
all subcontractors shall be in accordance with applicable state and/or federal laws that may
apply to Workers' Compensation Insurance with limits of liability no less than:
1. Workers' Compensation: Coverage A — Statutory
2. Employers Liability: Coverage B $500,000 Each Accident
$500,000 Disease — Policy Limit
$500,000 Disease — Each Employee
If CONTRACTOR claims to be exempt from this requirement, CONTRACTOR shall provide
Page 7 of 21 LR-2021-06
Docusign Envelope ID: A13158799-C7BC-4838-B581-OC84CDE5OB97
1, _
"� ` `= City of Pembroke Pines
,y
CITY proof of such exemption for CITY to exempt CONTRACTOR.
Yes No
❑ ❑ 7.6.3 Comprehensive Auto Liability Insurance covering all owned, non -owned and hired
vehicles used in connection with the performance of work under this Agreement, with a
combined single limit of liability for bodily injury and property damage no less than:
1. Any Auto (Symbol 1)
Combined Single Limit (Each Accident) - $1,000,000
2. Hired Autos (Symbol 8)
Combined Single Limit (Each Accident) - $1,000,000
3. Non -Owned Autos (Symbol 9)
Combined Single Limit (Each Accident) - $1,000,000
If work under this Agreement includes transportation of hazardous materials, policy shall
include pollution liability coverage equivalent to that provided by the latest version of the ISO
pollution liability broadened endorsement for auto and the latest version of the ISO Motor
Carrier Act endorsement, equivalents or broader language.
Yes No
❑ ❑ 7.6.3.1 If CONTRACTOR requests reduced limits under a Personal Auto Liability
Policy and it is agreed to by the CITY, coverage shall include Bodily Injury limits of
$100,000 per person/$300,000 per occurrence and Property Damage limits of
$300,000 per occurrence
Yes No
❑ ❑ 7.6.4 Umbrella/Excess Liability Insurance in the amount of $ as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must be follow form of the General Liability, Auto Liability and Employer's
Liability. This coverage shall be maintained for a period of no less than the later of three
(3) years after the delivery of goods/services or final payment pursuant to this Agreement.
The City of Pembroke Pines must be shown as an additional insured with respect to
this coverage. The CITY's additional insured status shall extend to any coverage
beyond the minimum limits of liability found herein.
Yes No
❑ ❑ 7.6.5 Professional Liability/Errors & Omissions Insurance with a limit of liability no less
than $1,000,000 per wrongful or negligent act. This coverage shall be maintained for a period
of no less than three (3) years after the delivery of goods/services final payment pursuant to
this Agreement. Retroactive date, if any, to be no later than the first day of service to the CITY.
(Limit to align with size and scope of the Agreement and exposure inherent with
operation/services being performed. For Construction projects: Increase to ten (10) years)
Yes No
❑ ❑ 7.6.6 Environmental/Pollution Liability insurance shall be required with a limit of no less
than $1,000,000 per wrongful act. Coverage shall include: CONTRACTOR's completed
operations, sudden, accidental and gradual pollution conditions. This coverage shall be
maintained for a period of no less than the later of three (3) years after the delivery of
goods/services or final payment pursuant to this Agreement. Retroactive date, if any, to be
no later than the first day of service to the CITY. (Limit to align with size and scope of the
Agreement and exposure inherent with operation/services being performed. For
Page 8 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
;- ==` City of Pembroke Pines
Construction projects: Increase to ten (10) years). The City of Pembroke Pines must be
shown as an additional insured with respect to this coverage. The CITY's additional
insured status shall extend to any coverage beyond the minimum limits of liability
found herein.
Yes No
❑ ❑ 7.6.7 Cyber Liability including Network Security and Privacy Liability with a limit of
liability no less than $1,000,000 per loss. Coverage shall include liability arising from:
theft, dissemination and/or use of confidential information stored or transmitted in
electronic form, unauthorized access to, use of, or tampering with computer systems,
including hacker attacks or inability of an authorized third parry to gain access to your
services, including denial of service, and the introduction of a computer virus into, or
otherwise causing damage to, a customer's or third person's computer, computer system,
network, or similar computer -related property and the data, software and programs thereon.
If vendor is collecting credit card information, it shall cover all PCI breach expenses.
Coverage is to include the various state monitoring and state required remediation as well
as meet the various state notification requirements. This coverage shall be maintained for
a period of no less than the later of three (3) years after delivery of goods/services or final
payment of the Agreement. Retroactive date, if any, to be no later than the first day of
service to the CITY. The City of Pembroke Pines must be shown as an additional
insured with respect to this coverage. The CITY's additional insured status shall
extend to any coverage beyond the minimum limits of liability found herein.
Yes No
❑ ❑ 7.6.8 Crime Coverage shall include employee dishonesty, forgery or alteration, and
computer fraud in an amount of no less than $1,000,000 per loss. If CONTRACTOR is
physically located on CITY's premises, a third -party fidelity coverage extension shall
apply.
Yes No
❑ ❑ 7.6.9 Garage Liability & Garage -keepers Legal Liability for those that manage parking
lots for the CITY or service CITY vehicles. Coverage must be written on an occurrence
basis, with limits of liability no less than $1,000,000 per Occurrence, including products &
completed operations. This coverage shall be maintained for a period of no less than the
later of three (3) years after the delivery of goods/services or final payment of this
Agreement. The City of Pembroke Pines must be shown as an additional insured with
respect to this coverage. The CITY's additional insured status shall extend to any
coverage beyond the minimum limits of liability found herein.
Yes No
❑ ❑ 7.6.10 Liquor Liability for those in the business of selling, serving or furnishing of any
alcoholic beverages, whether licensed or not, shall carry a limit of liability of no less than
$1,000,000 per occurrence. Coverage shall be maintained for the later of three (3) years
after the delivery of goods/services or final payment under the Agreement. The City of
Pembroke Pines must be shown as an additional insured with respect to this coverage.
The CITY's additional insured status shall extend to any coverage beyond the
minimum limits of liability found herein.
Yes No
❑ ❑ 7.6.11 Sexual Abuse & Molestation for any agreement involving a vulnerable population.
Limits shall be no less than $500,000 per occurrence. This coverage shall be maintained
Page 9 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE50B97
�-`� r=�"�= City of Pembroke Pines
�•4y �_
for a period of no less than the later of three (3) years after the delivery of goods/services
or final payment of this Agreement. Retroactive date, if any, to be no later than the first
day of service to the CITY. (Limit to align with size and scope of the Agreement and
exposure inherent with operation/services beingperformed.) The City of Pembroke Pines
must be shown as an additional insured with respect to this coverage. The CITY's
additional insured status shall extend to any coverage beyond the minimum limits of
liability found herein.
Yes No
❑ ❑ 7.6.12 Builder's Risk Insurance shall be "All Risk" for one hundred percent (100%) of the
completed value of the project that is the subject of this Agreement with a deductible of not
more than five percent (5%) for Named Windstorm and $20,000 per claim for all other
perils. The Builder's Risk Insurance shall include interests of the CITY, the
CONTRACTOR and subcontractors of the project. The CONTRACTOR shall include a
separate line item for all costs associated with the Builder's Risk Insurance Coverage for
the project. The CITY reserves the right at its sole discretion to utilize the
CONTRACTOR's Builder's Risk Insurance or for the CITY to purchase its own Builder's
Risk Insurance for the Project. Prior to the CONTRACTOR purchasing the Builder's Risk
insurance for the project, the CONTRACTOR shall allow the CITY the opportunity to
analyze the CONTRACTOR's coverage and determine who shall purchase the coverage.
Should the CITY utilize the CONTRACTOR's Builder's Risk Insurance, the
CONTRACTOR shall be responsible for all deductibles. If the CITY chooses to purchase
the Builder's Risk Coverage on the project, the CONTRACTOR shall provide the CITY
with a change order deduct for all premiums and costs associated with the Builder's Risk
insurance in their schedule. Should the CITY choose to utilize the CITY's Builder's Risk
Program, the CITY shall be responsible for the Named Windstorm Deductible and the
CONTRACTOR shall be responsible for the All Other Perils Deductible.
If and when 100% is not available or reasonable, the CITY Risk Manager is to make the
determination as to what limits are appropriate for the given project.
Yes No
❑ ❑ 7.6.13 Other Insurance
7.7 REQUIRED ENDORSEMENTS
7.7.1 The City of Pembroke Pines shall be named as an Additional Insured on each of
the Liability Policies required herein.
7.7.2 Waiver of all Rights of Subrogation against the CITY.
Page 10 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
0 City of Pembroke Pines
7.7.3 Thirty (30) Day Notice of Cancellation or Non -Renewal to the CITY.
7.7.4 CONTRACTOR's policies shall be Primary & Non -Contributory.
7.7.5 All policies shall contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY.
7.7.6 The City of Pembroke Pines shall be named as a Loss Payee on all Property
and/or Inland Marine Policies as their interest may appear.
7.8 Any and all insurance required of the CONTRACTOR pursuant to this Agreement must also
be required by any subcontractor in the same limits and with all requirements as provided herein,
including naming the CITY as an additional insured, in any work that is subcontracted unless such
subcontractor is covered by the protection afforded by the CONTRACTOR and provided proof of
such coverage is provided to CITY. The CONTRACTOR and any subcontractors shall maintain such
policies during the term of this Agreement.
7.9 The CITY reserves the right to require any other additional types of insurance coverage and/or
higher limits of liability it deems necessary based on the nature of work being performed under this
Agreement.
7.10 The insurance requirements specified in this Agreement are minimum requirements and in no
way reduce any liability the CONTRACTOR has assumed in the indemnification/hold harmless
section(s) of this Agreement.
ARTICLE 8
NON-DISCRIIVIINATION & EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Agreement, neither the CONTRACTOR nor any
subcontractors shall discriminate against any employee or applicant for employment because of
race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial
status, sexual orientation, or disability if qualified. CONTRACTOR will take affirmative action
to ensure that employees are treated during employment, without regard to their race, religion,
color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. Such actions must include, but not be limited to, the
following: employment, promotion, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. CONTRACTOR shall agree to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause. CONTRACTOR further agrees that
CONTRACTOR will ensure that subcontractors, if any, will be made aware of and will comply
with this nondiscrimination clause.
ARTICLE 9
INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the Parties. It is
the intent of the Parties that the CONTRACTOR is an independent contractor under this Agreement
Page 11 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
�= = -`-"` City of Pembroke Pines
:4,.
and not the CITY's employee for all purposes, including but not limited to, the application of the Fair
Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act,
the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue
Code, the State Workers' Compensation Act, and the State unemployment insurance law. The
CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means
of carrying out CONTRACTOR's activities and responsibilities hereunder provided, further that
administrative procedures applicable to services rendered under this Agreement shall be those of
CONTRACTOR, which policies of CONTRACTOR shall not conflict with CITY, State, Federal, or
United States policies, rules or regulations relating to the use of CONTRACTOR's funds provided for
herein. The CONTRACTOR agrees that it is a separate and independent enterprise from the CITY,
that it has full opportunity to find other business, that it has made its own investment in its business,
and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not
be construed as creating any joint employment relationship between the CONTRACTOR and the
CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but
not limited to unpaid minimum wages and/or overtime premiums.
ARTICLE 10
AGREEMENT SUBJECT TO FUNDING
This agreement shall remain in full force and effect only as long as the expenditures provided
for in the Agreement have been appropriated by the City Commission of the City of Pembroke Pines
in the annual budget for each fiscal year of this Agreement, and is subject to termination based on
lack of funding.
ARTICLE 11
UNCONTROLLABLE FORCES
11.1 Neither CITY nor CONTRACTOR shall be considered to be in default of this Agreement
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which,
by the exercise of reasonable diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is beyond the reasonable
control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, pandemic, acts of God, war, riot, civil disturbance, sabotage, and
governmental actions.
11.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming party could
have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable
dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed
from performance by an uncontrollable force, give written notice to the other party describing the
circumstances and uncontrollable forces preventing continued performance of the obligations of this
Agreement.
ARTICLE 12
GOVERNING LAW AND VENUE
Page 12 of 21 LR-2021-06
Docusign Envelope ID: AB1 58799-C7BC-4838-B581 -OC84CDE5OB97
�--.::-�=� City of Pembroke Pines
IN' •_
This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida as now and hereafter in force. The venue for any and all actions or claims arising out of
or related to this Agreement shall be in Broward County, Florida.
ARTICLE 13
SIGNATORY AUTHORITY
CONTRACTOR shall provide CITY with copies of requisite documentation evidencing that
the signatory for CONTRACTOR has the authority to enter into this Agreement.
ARTICLE 14
DEFAULT OF CONTRACT & REMEDIES
14.1 Damages. CITY reserves the right to recover any ascertainable actual damages incurred as a
result of the failure of CONTRACTOR to perform in accordance with the requirements of this
Agreement, or for losses sustained by CITY resultant from CONTRACTOR's failure to perform in
accordance with the requirements of this Agreement.
ARTICLE 15
BANKRUPTCY
It is agreed that if CONTRACTOR is adjudged bankrupt, either voluntarily or involuntarily,
then this Agreement shall terminate effective on the date and at the time the bankruptcy petition is
filed.
ARTICLE 16
MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between CONTRACTOR and CITY, and
all negotiations.. and oral understandings between the Parties are merged herein. This Agreement can
be supplemented or amended only by a written document executed by both CONTRACTOR and
CITY with the same formality and equal dignity herewith.
ARTICLE 17
DISPUTE RESOLUTION
17.1 Operations During Dispute.
17.1.1 In the event that a dispute, if any, arises between CITY and CONTRACTOR relating
to this Agreement, performance or compensation hereunder, CONTRACTOR shall continue to render
service in full compliance with all terms and conditions of this Agreement as interpreted by CITY
regardless of such dispute.
17.1.2 CONTRACTOR expressly recognizes the paramount right and duty of CITY to
provide adequate maintenance of CITY's Property, and further agrees, in consideration for the
execution of this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief
Page 13 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
y;"�-� --`= City of Pembroke Pines
%by _
in any court, but will negotiate with CITY for an adjustment on the matter or matters in dispute and,
upon failure of said negotiations to resolve the dispute, may present the matter to a court of competent
jurisdiction in an appropriate suit therefore instituted by it or by CITY.
17.1.3 Notwithstanding the other provisions in this Section, CITY reserves the right to
terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet
reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the
deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by
CONTRACTOR of such notice from CITY.
ARTICLE 18
PUBLIC RECORDS
18.1 The City of Pembroke Pines is public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
18.1.1 Keep and maintain public records required by the CITY to perform the service;
18.1.2 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, or as otherwise provided by law;
18.1.3 Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and, following completion of the contract, CONTRACTOR shall
destroy all copies of such confidential and exempt records remaining in its possession after
the CONTRACTOR transfers the records in its possession to the CITY; and
18.1.4 Upon completion of the contract, CONTRACTOR shall transfer to the CITY, at no
cost to the CITY, all public records in CONTRACTOR's possession. All records stored
electronically by the CONTRACTOR 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.
18.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute
a Default and Breach of this Agreement and the CITY shall enforce the Default in accordance with
the provisions set forth herein.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Page 14 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
0 City of Pembroke Pines
CITY CLERK
601 CITY CENTER WAY, 41h FLOOR
PEMBROKE PINES, FL 33025
(954) 450-1050
m2raham(i0pines.com
ARTICLE 19
SCRUTINIZED COMPANIES
19.1 CONTRACTOR, its principals or owners, certify that they are not listed on the Scrutinized
Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is engaged in
business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended,
a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract
with any agency or local governmental entity for goods or services of:
19.1.1 Any amount if, at the time bidding on, submitting a proposal for, or entering
into or renewing such contract, the company is on the Scrutinized Companies that Boycott
Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a
boycott of Israel; or
19.1.2 One million dollars or more if, at the time of bidding on, submitting a proposal for,
or entering into or renewing such contract, the company:
19.1.2.1 Is on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
created pursuant to Section 215.473, Florida Statutes; or
19.1.2.2 Is engaged in business operations in Syria.
ARTICLE 20
EQUAL BENEFITS FOR EMPLOYEES
20.1 CONTRACTOR certifies that it is aware of the requirements of Section 35.39 of the
CITY's Code of Ordinances and certifies that it is aware of the requirements of Section 35.39 of
the CITY's Code of Ordinances and certifies that (check only one box below):
❑ CONTRACTOR currently complies with the requirements of Section 35.39 of the
CITY's Code of Ordinances; or
❑ CONTRACTOR will comply with the conditions of Section 35.39 of the CITY's
Code of Ordinances; or
❑ CONTRACTOR will not comply with the conditions of Section 35.39 of the
CITY's Code of Ordinances; or
Page 15 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
y="= `-`"`` City of Pembroke Pines
❑ CONTRACTOR does not comply with the conditions of Section 35.39 of the
CITY's Code of Ordinances because of the following allowable exemption (check
only box below):
❑ CONTRACTOR does not provide benefits to employees' spouses in
traditional marriages; or
❑ CONTRACTOR provides an employee the cash equivalent of benefits
because CONTRACTOR is unable to provide benefits to employees'
Domestic Partners or spouses despite making reasonable efforts to provide
them. To meet this exception, CONTRACTOR shall provide a notarized
affidavit that it has made reasonable efforts to provide such benefits. The
affidavit shall state the efforts taken to provide such benefits and the amount
of the cash equivalent. Case equivalent means the amount of money paid to
an employee with a Domestic Partner or spouse rather than providing
benefits to the employee's Domestic Partner or spouse. The case equivalent
is equal to the employer's direct expense of providing benefits to an
employee's spouse; or
❑ CONTRACTOR is a religious organization, association, society, or any
non-profit charitable or educational institution or organization operated,
supervised, or controlled by or in conjunction with a religious organization,
association, or society; or
❑ CONTRACTOR is a governmental agency.
20.2 Except where federal or state law mandates to the contrary, a contractor awarded a contract
pursuant to a competitive solicitation shall provide benefits to Domestic Partners and spouses of
its employees, irrespective of gender, on the same basis as it provides benefits to employees'
spouses in traditional marriages.
20.3 CONTRACTOR shall provide the City Manager and his/her designee, access to its records
for the purpose of audits and/or investigations to ascertain compliance with the provisions of this
Article, and upon request shall provide evidence that the CONTRACTOR is in compliance with
the provisions of this Article upon the renewal of this AGREEMENT or when the City Manager
or his/her designee receives a complaint or has reason to believe CONTRACTOR may not be in
compliance with the provisions of this Article. Records shall include but not be limited to providing
the City Manager and his/her designee with certified copies of CONTRACTOR's records
pertaining to its benefits policies and its employment policies and practices.
20.4 CONTRACTOR must conspicuously make available to all employees and applicants for
employment the following statement:
"During the performance of a contract with the City of Pembroke
Pines, Florida, the CONTRACTOR will provide Equal Benefits to its
employees with spouses, as defined by Section 35.39 of the City of
Pembroke Pines Code of Ordinances, and its employees with Domestic
Page 16 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE50697
,,,1 City of Pembroke Pines
Partners and all Married Couples".
If CONTRACTOR has questions regarding the application of Section 35.39 of the City of
Pembroke Pines Code of Ordinances to CONTRACTOR's duties pursuant to this Agreement,
contact Human Resources at (954) 954-392-2092 or drotsteinAppines.com.
20.5 By executing this Agreement, CONTRACTOR certifies that it agrees to comply with the
above and Section 35.39 of the City of Pembroke Pines Code of Ordinances, as may be amended
from time to time.
ARTICLE 21
EMPLOYMENT ELIGIBILITY
21.1 E-Verify. CONTRACTOR certifies that it is aware of and complies with the
requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly
described herein below.
21.1.1 Definitions for this Section.
21.1.1.1 "Contractor" means a person or entity that has entered or is
attempting to enter into a contract with a public employer to provide labor, supplies,
or services to such employer in exchange for salary, wages, or other remuneration.
21.1.1.2 "Contractor" includes, but is not limited to, a vendor or consultant.
21.1.1.3 "Subcontractor" means a person or entity that provides labor,
supplies, or services to or for a contractor or another subcontractor in exchange for
salary, wages, or other remuneration.
21.1.1.4 "E-Verify system" means an Internet -based system operated by the
United States Department of Homeland Security that allows participating
employers to electronically verify the employment eligibility of newly hired
employees.
21.2 Redstration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes,
effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to
verify the work authorization status of all newly hired employees. Contractor shall register for and
utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment
eligibility of:
21.2.1 All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract; and
21.2.2 All persons (including subvendors/subconsultants/subcontractors) assigned by
Contractor to perform work pursuant to the contract with the City of Pembroke Pines. The
Contractor acknowledges and agrees that registration and use of the U.S. Department of
Homeland Security's E-Verify System during the term of the contract is a condition of the
Page 17 of 21 LR-2021-06
Docusign Envelope ID: AB1 58799-C7BC-4838-B581 -OC84CDE5OB97
0 City of Pembroke Pines
contract with the City of Pembroke Pines; and
21.2.3 The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes, but is not limited
to registration and utilization of the E-Verify System to verify the work authorization status
of all newly hired employees. Contractor shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ, contract with, or subcontract
with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the
duration of the contract. Failure to comply will lead to termination of this Contract, or if a
subcontractor knowingly violates the statute, the subcontract must be terminated
immediately. Any challenge to termination under this provision must be filed in the Circuit
Court no later than twenty (20) calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be considered as
such. If this contract is terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract for a period of one (1) year after the date
of termination.
ARTICLE 22
MISCELLANEOUS
22.1 Ownership of Documents. Reports, surveys, studies, and other data provided in
connection with this Agreement are and shall remain the property of CITY, whether or not the project
for which they are made is completed.
22.2 Legal Representation. It is acknowledged that each party to this Agreement had the
opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the
rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein
due to the joint contributions of both Parties.
22.3 Records. CONTRACTOR shall keep such records and accounts and require any and all
subcontractors to keep records and accounts as may be necessary in order to record complete and
correct entries as to personnel hours charged to this engagement, and any expenses for which
CONTRACTOR expects to be reimbursed. Such books and records will be available at all reasonable
times for examination and audit by CITY and shall be kept for a period of ten (10) years after the
completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries
in such books and records will be grounds for disallowance by CITY of any fees or expenses based
upon such entries. All records shall be maintained and available for disclosure, as appropriate, in
accordance with Chapter 119, Florida Statues.
22.4 Assignments; Amendments. This Agreement, and any interests herein, shall not be
assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR
without the prior written consent of CITY. For purposes of this Agreement, any change of ownership
of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this
Agreement shall run to the benefit of CITY and its successors and assigns. It is further agreed that no
modification, amendment, or alteration in the terms or conditions contained herein shall be effective
Page 18 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Pembroke Pines
unless contained in a written document executed with the same formality and of equal dignity
herewith.
22.5 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for CONTRACTOR to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONTRACTOR any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this provision, CITY shall have the right to
terminate the Agreement without liability at its discretion, to deduct from the contract price, or
otherwise recover the full amount of such fee, commission, percentage, gift or consideration.
22.6 Notice. Whenever any parry desires to give notice unto any other party, it must be given by
written notice, sent by certified United States mail, with return receipt requested, addressed to the
party for whom it is intended and the remaining party, at the places last specified, and the places for
giving of notice shall remain such until they shall have been changed by written notice in compliance
with the provisions of this section. For the present, CONTRACTOR and CITY designate the
following as the respective places for giving of notice:
CITY Charles F. Dodge, City Manager
City of Pembroke Pines
601 City Center Way, 4t' Floor
Pembroke Pines, Florida 33025
Telephone No. (954) 450-1040
Copy To: Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
CONTRACTOR «Vendor_Contact_Title>>
«Vendor Name>>
«Vendor_Physical_Contact _Address_Line_&
«Vendor_Physical_Contact_Address_Line_2>>
E-mail: «Vendor Emaih>
Telephone No: «Vendor_ Phone _Number>>
Cell phone No: «Vendor_ Cell_Number>>
Facsimile No: «Vendor Fax Number»
22.7 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such parry with respect to all provisions
contained in this Agreement.
Page 19 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
"' "-`"`` City of Pembroke Pines
'Ny _
22.8 Headings. Headings herein are for the convenience of reference only and shall not be
considered in any interpretation of this Agreement.
22.9 Exhibits. Each exhibit referred to in this Agreement forms an essential part of this
Agreement. The exhibits, if not physically attached, should be treated as part of this Agreement and
are incorporated herein by reference.
22.10 Severability. If any provision of this Agreement or application thereof to any person or
situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and
the application of such provisions to persons or situations other than those as to which it shall have
been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and
effect, and be enforced to the fullest extent permitted by law.
22.11 Entire Agreement and Conflicts: This Agreement is intended by the parties hereto to be
final expression of this Agreement, and it constitutes the full and entire understanding between the
parties with respect to the subject hereof, notwithstanding any representations, statements, or
agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the
RFP and the CONTRACTOR's bid proposal, this Agreement shall govern, then the RFP, and then
the bid proposal.
22.12 Waiver. Failure of CITY to insist upon strict performance of any provision or condition
of this Agreement, or to execute any right therein contained, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition, or right, but the same shall remain in
full force and effect.
22.13 Attorneys' Fees. In the event that either party brings suit for enforcement of this
Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided
under the indemnification provisions set forth herein above.
22.14 Protection of CITY Property. At all times during the performance of this Agreement,
CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work
being carried on under this Agreement.
22.15 Counterparts and Execution. This Agreement may be executed by hand or
electronically in multiple originals or counterparts, each of which shall be deemed to be an original
and together shall constitute one and the same agreement. Execution and delivery of this Agreement
by the Parties shall be legally binding, valid and effective upon delivery of the executed documents
to the other party through facsimile transmission, email, or other electronic delivery.
22.16 Compliance with Statutes. It shall be the CONTRACTOR's responsibility to be aware of
and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, City,
state, and federal agencies as applicable.
Page 20 of 21 LR-2021-06
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
}-'M11 City of Pembroke Pines
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day
and year first written above.
CITY:
ATTEST:
CITY OF PEMBROKE PINES, FLORIDA
MIN
MARLENE D. GRAHAM, CITY CLERK MAYOR FRANK C. ORTIS
APPROVED AS TO FORM: BY:
Print Name:
OFFICE OF THE CITY ATTORNEY
CHARLES F. DODGE, CITY MANAGER
CONTRACTOR:
«Vendor Name Upper_Case»
Signed By:
Name:
Title:
Page 21 of 21
LR-2021-06
DocusignEnvelope ID: AB158799-C7BC-4838-6581-OC84CDE50B97_ ding Proposed Locations
Park
Address
Outdoor
Soda
Indoor
Soda
Indoor
Snack
Chapel Trail Park
19531 Taft Street, 33029
2
Paul J. Maxwell Park
1200 SW 72nd Avenue, 33023
1
Pembroke Lakes Golf &
Tennis Center
10500 Taft Street, 33026
2
2
Rose G. Price Park
901 NW 208th Avenue, 3309
1
1
1
Silver Lakes North
2300 NW 172nd Avenue, 33029
1
Silver Lakes South
17601 SW 2nd Street, 33029
1
Towngate Park
901 NW 155th Avenue, 33028
1
1
West Pines Soccer Park and
Nature Preserve
350 SW 196th Avenue, 33029
2
PD Main
9500 Pines Bkvd, 33024
1
1
PD West
18400 Johnson Street, 33026
1
Water Plant
7905 Johnson Street 22024
1
Public Services
13975 Pembroke Rd 33026
1
1
Public Services - Main Office
8300 S. Palm Drive 33024
2
1
Charter School - FSU Campus
601 Sw 172nd Ave 33029
1
Charter High School
17189 Sheridan Street 33029
1
Charter Central Campus
12550 Sheridan Street 33026
2
1
Pines Place Apartments
8210 Florida Dr, 33025
4
Transportation Bus Depot
901 Poinciana Drive, 33025
1
1
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
ina r!/DF
/Y/IrJ P r1 /;�F' �J r ;✓11 J r.S
Frequently Asked Questions regarding the Proposal Submission Form / Questionnaire
Question 1) In regards to the proposal submission form, it states "the summary worksheet shows your overall progress for the questionnaire", but we
downloaded the file and fill in the requested information, and no value appears on the summary worksheet. Should we submit the form without the progress
shown on the summary worksheet?
Answer: Please see attached example picture. In this example, Tab " 1" has been fully completed, as a result, the "% Complete" column shows " 100°/d' and
the Progress Bar is fully green. The other Tabs or "Question Set"s are not complete, as a result, they show "0.00V and the progress bar is empty and there
is a pink box at the end of those rows. When you have completed all of the sections, all of your "% Complete" sections should be "100.00%" and your
progress bars should be green.
Summary
1 14 100.00% —t
i
2 80 0.00% L.
3 5 0.00%
4 10 0.00%
5 12 0.00%
i
6 11 0.00%
i
;.
-=-----�=
Docusign Envelope ID: AB158799-C7BC4838-B581-OC84CDE5OB97
"l�7f
�rJ/)E;r:J! LP11`IES
Question 2) We completed all the boxes in all the sheets and even so, there are boxes in pink (as I understand the book is taking them as if they were not
filled) and therefore the summary does not give 100%, in our case it gives 87.12%.
Answer: The issue is that all of your responses should be included in the 'Response" Column... depending on the response that you put in the 'Response"
column (as some of the responses are selections from a drop down box), you will be required to also add a comment to the "Comment' column. See
attached screen shot of acceptable and unacceptable responses. If a row shows that it is still in Pink, you need to add some information to either the
"Response" column or the "Comment' column.
Question Set 6: Vendor Registration Checklist
Question Set B Instructions
The City has Included various documents in the Vendor Registration portal on the Bonfire webslte. This process is intended to make the bidding process easlerforvendors that bid on multiple City projects. This
process will allow vendors to complete and submit the following standard forms and documents at any time prior to bidding on a project In addition. the vendors will be able to utilize these same forms without the
need to re -fill and re -submit the fortes each time they bid on a City project. In the event that the City does not have one of the forms or documents listed below for your company, the City may reach out to your
company after the bid has closed to obtain the tlocument(s).
Furthermore, please make sure to update this Information on an as -needed basis so that all pertinent Information is accurate, such as local business lax recelpls, and any other relevant information
This section will summarize your responses to those relevant documents.
6.7.1 Which option did you select on the Equal Benefits Cenlficahon Form?
fi 61 Which option did you select on the Vendor Drug -Free Workplace Certification
Forth?
A) Complies
Does Not Comply
A comment is required forthisiesponse
Did you submit a completed E-Verity System Certification Statement In the Vendor.
6.9.1 Registration Portal? Yes
6.10.1 Did you submit your Local Business Tax Receipts in the Vendor Registration No I do not currently have a copy or the my Local Business Tax Receipts, however I
Portal? am worlong on getting a copy to upload to the vendor registration portal. -
Did you submit a completed Scrutinized Company Cenigcatlon In the Vendor
-
6.11.1 Registration Portal? Yes
C QS C1i
Docusign Envelope ID: AB158799-C7BC-4838-B581-6C84CDE5OB97
7h_ Ctty 7i
PrJAE"F"JJ!r P I J Jr.S
Submission Instructions for Suppliers
Please follow these instructions to submit via our Public Portal.
1. Prepare your submission materials:
Requested Information
Name
Type
# Files
Requirement
Instructions
You will need to
fill out the
provided
Response
Template for
Proposal
Questionnaire:
this
Submission (Q-
Excel (.xlsx)
1
Required
Questionnaire.
57CN)
The Response
Template can
be downloaded
from the project
listing on the
Bonfire portal.
You will need to
fill out the
provided
Response
Template for
Untitled
BidTable: Excel
this BidTable.
BidTable (BT-
(.xlsx)
1
Required
The Response
17DI)
Template can
be downloaded
from the project
listing on the
Bonfire portal.
Non -Collusive
File Type: PDF
1
Required
Docusign Envelope ID: AB1 58799-C7BC-4838-B581 -OC84CDE5OB97
Pr1"ABj2,01 r P1i I
Name
Type
# Files
Requirement
Instructions
Affidavit
(pdf)
Resale Pricing
File Type: PDF
Multiple
Required
( pdf)
Service
File Type: PDF
Multiple
Required
Narrative
(�p f) d
Sub -Contracting
File Type: PDF
Multiple
Required
(.pdf)
Maintenance
File Type: PDF
Multiple
Required
Plan
(pdf)
Equipment
File Type: PDF
Multiple
Required
Details
d
Schedule
File Type: PDF
Multiple
Required
(.pdf)
Trade Secrets
File Type: PDF
Multiple
Optional
(pdf)
Financial
File Type: PDF
Multiple
Optional
Statements
d
Additional
File Type: PDF
Multiple
Optional
Information
(.pdf)
Commodity Codes
Commodity Set
Commodity Code
Title
Description
US NAICS 2022
5616
Investigation and
Security Services
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
oTM! chy Jf
p E j"11A B F', D1 r pIJrJ
Commodity Set
Commodity Code
Title
Description
Investigation, Guard,
US_NAICS_2022
56161
and Armored Car
Services
Security Guards and
US NAICS 2022
561612
— —
Patrol Services
Armored Car
US NAICS 2022
561613
— —
Services
Requested Documents:
Please note the type and number of files allowed. The maximum upload file size is 1000 MB.
Please do not embed any documents within your uploaded files, as they will not be
accessible or evaluated.
Requested Questionnaires:
The Questionnaire Response Templates can be obtained at
hftps:Hppines.bonfirehub.com/opportunities/124449.
Please note that Questionnaires may take a significant amount of time to prepare.
Requested BidTables:
The BidTable Response Templates can be obtained at
https:Hppines.bonfirehub.com/opportunities/124449.
Please note that BidTables may take a significant amount of time to prepare.
Docusign Envelope ID: AB1 58799-C7BC-4838-B581 -OC84CDE5OB97
•ri,: cr:y Cif
p r,- j"A Jf Jf rPli IrJ
2. Upload your submission at:
https:Hppines.bonfirehub.com/opportunities/124449
You will not be able to prepare a submission unless you submit'Yes' for your Intent to Bid by
Apr 16, 2024 2:00 AM EDT.
The Vendor Discussion period for this opportunity starts Mar 14, 2024 8:00 PM EDT. The
Vendor Discussion period for this opportunity ends Apr 02, 2024 11:30 PM EDT. You will not
be able to send messages after this time.
Your submission must be uploaded, submitted, and finalized prior to the Closing Time of Apr
17, 2024 2:00 PM EDT. We strongly recommend that you give yourself sufficient time and at
least ONE (1) day before Closing Time to begin the uploading process and to finalize your
submission.
Important Notes:
Each item of Requested Information will only be visible after the Closing Time.
Uploading large documents may take significant time, depending on the size of the file(s)
and your Internet connection speed.
You will receive an email confirmation receipt with a unique confirmation number once you
finalize your submission.
Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox.
Javascript must be enabled. Browser cookies must be enabled.
Need Help?
City of Pembroke Pines uses a Bonfire portal for accepting and evaluating proposals
digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related
Docusign Envelope ID: A6158799-C7BC-4838-B581-OC84CDE5OB97
Thi! ky Df
to your submission. You can also visit their help forum at
https://vendorsupport.gobonfire.com/hc/en-us
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
PrJY1 Fr11Jt � PJl Jr� Maria R. Requests Community Projects Vendors Insights V
City of Pembroke Pi...
RE-24-04 - Vending IViachine Services Th-- ,Eior
'r r�
at Various Pembroke Pines Locations
�JJ J
City of Pembroke Pines Back to list
C. Project Details
Project: Vending Machine Services at Various Pembroke Pines
Locations
Ref. #: RE-24-04
Type: RFP
Status: CLOSED
Open Date: Mar 14th 2024, 5:30 PM EDT
Intent to Bid Due Date: Apr 16th 2024, 2:00 PM EDT
Questions Due Date: Apr 2nd 2024, 11:30 PM EDT
Contact Information: Procurement Department, 954-518-9020
Close Date: Apr 16th 2024, 2:00 PM EDT
Days Left: Submissions are now closed
Project Description:
The City is seeking proposals from qualified firms, hereinafter referred to as the Vendor, to establish a contract to
furnish, install, stock, replenish and maintain beverage machines, snack machines or both at various City locations,
in accordance with the terms, conditions, and specifications contained in this solicitation. The selected vending
company shall provide a monthly commission to the City of Pembroke Pines.
Important Events:
GINaVigation
odes:
dUAlcs_2022 4542 Vending Machine Operators
Do
;usign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
„
J�lll� 0r'� r'1J 1rc Requests Community Projects Vendors
Maria R.
Insights
City of Pembroke Pi...
US_NAiCS_2022 5616 nves iga i�ion and"Security Services
Us_NAICS_2022 56161 Inve?-,R§Non, Guard, and Armored Car Services
Us NAICs_2022 561612 Security Guards and Patrol Services
US NAICS 2022 561613 Armored Car Services
Us_NAICs 2022 445132 Vending Machine Operators
Supporting Documentation:
Download All Files
Search
File Type Description
Date Created Actions
Attachment D - Vending Documentation Attachment D
Mar 14th 2024, 1:32 PM Download
Proposed Locations (2).pdf
EDT
Bonfire FAQs regarding Documentation Bonfire FAQ regarding
Aug 9th 2022, 4:55 PM Download
Question naires. pdf Questionnaires
EDT
Non -Collusive Affidavit.pdf Documentation AttachmentA
Aug 9th 2022, 4:55 PM Download
RE-24-04 Vending Machine
Documentation
1) RFP
Services at Various Pembroke
Pines Locations.pdf
Sample Insurance
Documentation
Attachment B
Certificate.pdf
Specimen Contract -
Documentation
Attachment C
Continuing Services
Agreement.pdf
Submission Instructions - RE-
Documentation
Submission Instructions
24-04.pdf
EDT
Mar 14th 2024, 1:29 PM Download
EDT
Aug 9th 2022, 4:55 PM Download
EDT
Mar 14th 2024, 1:31 PM Download
EDT
Mar 14th 2024, 1:47 PM Download
EDT
Requested Information:
Listed below are the documents and information needed to complete your submission:
Pricing Sheet / Bid Table
Name Type # Files Requirement Instructions Actions
3I
You will need to fill out the Download
Untitled BidTable (BT-17DI) BidTable: 1 REQUIRED provided Response Template
Excel (.xlsx) for this BidTable.
Other Completed Documents
Name Type
3 'on -Collusive Affidavit File Type: PDF (pdf)
Skip Top Navigation
......G ....Ong File Type: PDF (.pdf)
# Files Requirement Instructions Actions
1 REQUIRED
Multiple REQUIRED
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
Maria R.
Prl'/1JF'Or'�Jl Jr� Requests
Community Projects Vendors Insights
City of Pembroke Pi...
•,.—•ter-•-•--•--r.-•r........
i
Sub -Contracting Portal
File Type: PDF (.pdf)
Multiple
REQUIRED
Maintenance Plan
File Type: PDF (.pdf)
Multiple
REQUIRED
Equipment Details
File Type: PDF (.pdf)
Multiple
REQUIRED
Schedule
File Type: PDF (.pdf)
Multiple
REQUIRED
Questionnaire
5 Name
Type # Files
Requirement
Instructions
Actions
j
3
You will need to fill out the
Download
Questionnaire:
provided Response
I Proposal Submission (Q-57CN)
Excel (.xlsx) 1
REQUIRED Template for this
Questionnaire.
Optional Documentation
I
Name
Type
# Files
Requirement Instructions
Actions
i Trade Secrets
File Type: PDF (.pdf)
Multiple
OPTIONAL
Financial Statements
1
File Type: PDF (.pdf)
Multiple
OPTIONAL
j Additional Information
File Type: PDF (.pdf)
Multiple
OPTIONAL
Document Takers
Larch
Vendors
# Files
Actions
Aeromech Engineering Solutions LLC
5
View
ATLANTIC VENDING INC.
1
View
Bettoli Trading Corp
26.
View
BidNet
7
View
Breaktime Vending
?
View
Cambridge LTD
135
View
ELITE TRANSPORT SOUTH, LLC
7
View
ENCOP, INC.
8
View
3
i Skip ToNavigation
i p_....._... _.__.._e Solutions LLC
i
2
View
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE50B97
Prl`/l�r 0r'� �'11-1F Requests Community
Projects Vendors Insights
Maria R.
City of Pembroke Pi...
Uwl
Portal
Federal Engineering & Testing, Inc.
3
View
Florida Sunshine Vending
2
View
Genius logistics vending LLC
1
View
Grey and Associates
8
View
Gtech
7
View
North America Procurement Council Inc., PBC
7
View
Onvia, Inc
7
View
RELYC CONTRACTOR
8
View
Sanford Federal, Inc.
1.
View
South Florida Healthy Vending, LLC
;
9
View
Taza Supplies LLC
14
View
VISUAL
1
View
YRY Homes
7
View
Interested Subcontractors
Search
Vendors Contact !contract Services
Processing
i
u Messages
Public Notices (0) Vendor Discussions (0)
®1 -qubmissions and Subcontracting
3
Skip Top Navigation
This project is not open for proposal submissions at this time.
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
1r1
Requests Community Projects Vendors Insights Maria R.
City of Pembroke Pi...
jechnical Sup= 11ortal Security lerms of bervice trivacyEoftcy i emap
Powered by
Portal
diz) J d(c
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
rn_ ary rif
J r✓
Public Notices
No messages
Docusign Envelope ID: AB1 58799-C7BC-4838-B581 -OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment B
COMPASS GROUP USA, INC. 13
Docusign Envelope ID: AD11DE68-6F53-43ED-98FB-AF1E2286139B6
��4�1altY ts`@
: CONTRACTOR ANTI -BOYCOTT CERTIFICATION
r
�rr�':tlf SUM SHG
[PURSUANT TO FLORIDA STATUTE § 287.1351
I, Michael Coffey on behalf of Compass Group USA, Inc.
Print Name Company Name
certifies that Compass Group USA, Inc. does not:
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
DocuSigned by:
Division President
Title
April 6, 2026
Date
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment C
COMPASS GROUP USA, INC. 14
Docusign Envelope ID: AD11DE68-6F53-43ED-98FB-AF1E228BB9B6
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 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 448.096, 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 thttps llwww e yeri y;ggy employers!enrolling-in-e-verifyj 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.
Compass Group:USA, Inc.
Company Name
DocuSigned'by
April 6, 2026
Date
Michael Coffey Division President
Print Name Title
56-1874931
Federal Employer Identification Number (FEIN)
Sworn to and subscribed before me on this this 6th day of April.2026 2 3,
By Michael Coffey
M is personally' known to me
I] s oduced identification (type of identification produced:
of Notary Pu 'c
NIC4iAF PAGLtY
Commission M1,167404
EvlruAugast31,2M August 31, 2029
Print or Stamp of Notary Public Expiration Date
Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment D
COMPASS GROUP USA, INC. 15
Docusign Envelope ID: AD1IDE68-6F53-43ED-98176-AF1E228BB9136
a 17
n" °= s°" k Affidavit of Compliance with, Anti -Human Trafficking Laws
City of Sunfl,y Isles Beach
18070 Callins Avenue
Sunrmy Isles Beach, FL 33160
Telephone (:306) 9,17-0606
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of
perjury, as follows:
1 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.
Docuftned,by;.
Date: March 2, 2026 Signed: FANL ,
Entity: Compass Group USA, Inc.
STATE OF Florida
COUNTY OF Pinellas
Name: Michael Coffey
Title: Division President
The foregoing instrument was acknowledged before me, by means of ffi physical presence or 17
online notarization, this 2nd day of March , 2026 by
Michael Coffey as Division Presi ent for
Compass Group USA, Inc. by and through its Canteen Division , wh is personally known o
me or who has produced as identification.
��arr�y
ra.•••••.�4+ MCOLAF.AAGLEY
* CIMMI$510n#H14674124
m''Foxcto�'�� ExpkesAuguet31,2025
Notary Public Signature: State of Florida at Large (Seal)
Nicola F Pagley August 31, 2029
Print Name: - My commission expires: