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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-071and Temp. Reso. #13963 June 28, 2023 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023- Or7l A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NUMBER 23-23B FOR ROOF TARPS TO ALL IN SAFETY, CORPORATION; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT TO PROVIDE FOR THE PURCHASE OF THE ANNUAL REQUIREMENTS FOR ROOF TARPS FOR THE CITY OF TAMARAC AND ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE FOR A PERIOD EFFECTIVE UPON AWARD OF THE AGREEMENT, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO EXERCISE UP TO THREE (3) ADDITIONAL ONE (1) YEAR RENEWALS, PROVIDING FOR THE CITY MANAGER OR DESIGNEE TO APPROVE AND ACCEPT ANY EXTENSIONS, RENEWAL OPTIONS, ASSIGNMENTS OR OTHER AMENDMENTS TO THE AGREEMENT AND AUTHORIZE THE EXPENDITURE OF APPROPRIATED FUNDS BY THE CITY MANAGER OR APPROPRIATE CITY OFFICIALS; PROVIDING FOR CONFLICTS, - PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is located in a high velocity wind zone; WHEREAS, as a result of a hurricane, substantial roof damage may occur to roofs throughout the City; and WHEREAS, it is in the best interest of the City and its residents to be able to assess roof damage for structures within the City in an expeditious manner Temp. Reso. #13963 June 28, 2023 Page 2 of 5 immediately following a storm; and WHEREAS, provision of roof tarps to residents will help to control additional damage resultant from unprotected roofs; and WHEREAS, specifications were submitted and bids were formally solicited via Invitation for Bid #23-23B on May 4, 2023 for the purchase of Roof Tarps on an annual basis on behalf of the City and the Southeast Florida Governmental Purchasing Cooperative; included herein as Exhibit "'I"; and WHEREAS, three (3) bids were received on May 31, 2023 from the following bidders, a copy of said bid tab is included herein as Exhibit "2": All In Safety Corporation $138,723.00 M & K Imports, Inc. $276,385.81 H84 Exports, LLC $379.814.99 and WHEREAS, the best interest of the City and the Southeast Florida Governmental Purchasing Cooperative is served by awarding agreements to the lowest total aggregate bid for all tarps; and WHEREAS, All In Safety Corporation was the lowest responsive and responsible responder for the roof tarps, with an aggregate price of $138,723.00, a copy of said response is included as Exhibit "3" herein; and WHEREAS, roof tarps are required for emergency use by the City and other governmental units; and WHEREAS, the roof tarp bid and Agreement were written and solicited in accordance with Federal Procurement Standards issued by the Office of Management & Budget as Part 2 CFR 200 Section 317 — 327 and Part 2 CFR Temp. Reso. #13963 June 28, 2023 Page 3 of 5 200 Appendix II as required by federal regulation in order to receive grant funded reimbursements as the result of purchases made in response to a natural disaster as declared by the Federal government; and WHEREAS, the Financial Services Director and the Purchasing and Contracts Manager recommend that the City award the bid to The All In Safety Corporation for the purchase of annual requirements for roof tarps and execute an Agreement included herein as Exhibit "4". and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award the bid for the annual requirements for roof tarps for the City of Tamarac and the Southeast Florida Governmental Purchasing Cooperative to All in Safety Corporation for a total price estimate of $138,723.00, for purchases as may be necessary to provide for the safety of City residents as well as residents of members of the Southeast Florida Governmental Purchasing Cooperative. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The City Commission hereby awards Bid Number 23-23B, and authorizes the appropriate city officials to execute an Agreement, attached herein as Exhibit 'A", for the purchase of the annual requirements for roof tarps Temp. Reso. #13963 June 28, 2023 Page 4 of 5 for the City of Tamarac and the Southeast Florida Governmental Purchasing Cooperative to All In Safety Corporation, in the estimated amount of $138,723.00, for purchases as may be deemed necessary to provide for the safety of residents. SECTION 3: The City Manager or designee furthermore is hereby authorized to approve and accept any extensions, renewal options, assignments and other amendments to the Agreement as provided for in the Agreement, attached hereto as "Exhibit "4". SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. "The remainder of this page is left blank intentionally" Temp. Reso. #13963 June 28, 2023 Page 5 of 5 PASSED, ADOPTED AND APPROVED this Jday of 2023. ATTEST: BERLY DIL N, r Y CLERK MICH LE J. GOMEZ MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ k4l DIST 1: VICE MAYOR BOLTON DIST 2: COMM. WRIGHT DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THIS CITY OF TAMARAC ONLY. a L1 HANS OTTINOT a CITY ATTORNEY TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC I_\►1 k ALL IN SAFETY CORPORATION THIS AGREEMENT is made and entered into this 3044day of Aoue 20-3 by and between the City of Tamarac, a municipal corporation with principal offi6A located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and All In Safety Corporation, a New York corporation, with principal offices located at 509 Temple Hill Rd, New Windsor, New York, 12553 (the "Contractor") to provide roof tarps for the City and for agencies within the Southeast Florida Governmental Purchasing Cooperative (the "Co-op"). Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. THE CONTRACT DOCUMENTS The contract documents consist of this Agreement, Bid Document No. 23-23B Annual Requirements for Roof Tarps, issued by the City of Tamarac on Invitation to Bid #23-23B including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions, Instructions to Bidder's), Technical Specifications, all addenda, Attachment A, "Requirements for Projects Funded by Federal Grants", including "Appendix II" to Part 2 CFR 200, Attachment B, "Pricing" the Contractor's Bid response dated 5/15/2023, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid 23-23B Annual Requirements for Roof Tarps as issued by City, and the contractor's bid response; Bid 23-23B Annual Requirements for Roof Tarps as issued by City shall take precedence over the contractor's bid response. Furthermore, in the event of a conflict between this document and any other Contract Documents, this Agreement shall prevail. 2. THE WORK 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents including all Addendums, Exhibits, Attachments and Appendices. 2.1.2 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3. INSURANCE 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The Fore Purchasing and Contracts Division appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: • General Liability - $1 M/$2M • Automobile — $1 M/$1 M • Workers Comp — Statutory 4. CONTRACT TERM 4.1 The contract term shall be for an initial one (1) year period effective on the date of contract award. The City reserves the right to renew the contract for up to three (3) additional one (1) year periods, providing all parties agree to the extension and renewal terms. 4.2 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing & Contracts Manager. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. The ongoing performance evaluation process will continue during any renewal periods for the life of the Agreement. 5. PRICING 5.1 Pricing shall be provided in the Contractor's bid, included herein as Attachment B. Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. Pricing shall remain firm and fixed through the contract period. 5.2 No price increase will be accepted during the initial contract period. Contractor may submit a price increase or decrease request to be effective on the anniversary date of the Agreement, based on Contractor's actual freight and fuel cost only. To qualify for this increase, the Contractor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration, including copies of actual invoices, or other appropriate documentation. Under NO circumstances will the Contractor be permitted to request additional profit. The City will accept a price decrease at any time. 23-23B Annual Requirements for Roof Tarps 2 City of Tamarac The City For Your Life Purchasing and Contracts Division ........--.._------......_ ....------------------ ---- 5.3 POST -STORM EVENT — EXPEDITED DELIVERY REQUIREMENTS: It is anticipated that the majority of roof tarps will be ordered for inventory stock, however, some entities may wish to purchase quantities contingent on a storm event. It is understood that in the aftermath of a storm the ability to transport items may be difficult to accomplish. In the event of such a situation, the City will permit the contractor to obtain alternate transportation at the then prevailing cost, and bill the entity as a pass -through cost, with no additional profit margin. In addition, the City or entity reserves the right to contract separately for transportation. If an entity contracts for transportation, the contractor shall provide access to their facility for pick-up of merchandise; and shall waive the associated freight charge. 6. PAYMENTS 6.1 Payment will be made after proper delivery of compliant products, and receipt of a properly completed invoice. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 6.2 Each member of the Co-op shall be responsible for their payment arrangements. 7. REMEDIES Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. E-Amyllr17 T111 l Contractor shall provide the manufacturer's standard warranty of merchantability, and fitness for a particular purpose. All warranties are to be provided to the Purchasing & Contracts Manager prior to the effective date of this Agreement. 9. INDEMNIFICATION 9.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 9.2 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. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. 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 under the indemnification agreement. 9.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 10.1 During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, genetic information or disability if qualified. 10.2 The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, 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. 10.3 The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11.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 and not the City's employee for any 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 Worker's 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, 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 had 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 23-238 Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division -- - — -- --- ......... -- ..... ........ 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. 12.ASSIGNMENT AND SUBCONTRACTING Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13. NOTICE Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Ottinot Law, P.A. 5944 Coral Ridge Drive, PM #201 Coral Springs, FL 33076 Attn: Hans Ottinot CONTRACTOR All In Safety Corporation 509 Temple Hill Rd New Windsor, New York, 12553 FIN/EIN: 46-1207064 Contact: Moshe Follman, Vice -President Phone: (718) 812-0968 Fax: (718) 689-1442 E-mail: sales(a)_allinsafetv.com 14.TERMINATION 14.1 Termination for Convenience: This Agreement may be terminated by City for convenience, upon seven (7) days of written notice by terminating party to the other party 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. 14.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 15.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 Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16.VENUE This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17. SIGNATORY AUTHORITY The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18. SEVERABILITY; WAIVER OF PROVISIONS Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect enforceability of that provision or of the remainder of this Agreement. 19. UNCONTROLLABLE CIRCUMSTANCES 19.1 Neither the 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, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 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. 20. MERGER; AMENDMENT This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 21. NO CONSTRUCTION AGAINST DRAFTING PARTY Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 22.CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the 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 the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 23.SCRUTINIZED COMPANIES - 287.135 AND 215.473 23.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 23.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If 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 Section 287.135, Florida Statutes, as amended from time to time. 24. PUBLIC RECORDS 24.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, CONTRACTOR shall: 24.1.1 Keep and maintain public records required by the CITY in order to perform the service. 24.1.2 Upon request from the CITY, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at no cost to the CITY. 23-23B A,mrial Requirements for Roof Tarps TAMARAC City of Tamarac Thee Purchasing and Contracts Division 24.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement and any renewals thereof if CONTRACTOR does not transfer the records to the CITY. 24.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all public records in possession of CONTRACTOR, or keep and maintain public records required by the CITY to perform the service. If CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records in a format that is compatible with the information technology systems of the CITY. 24.2 During the term of this Agreement and any renewals, CONTRACTOR shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. 25. E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall 23-23B Annual Requirements for Roof Tarps ♦ 1 M City of Tamarac The City For Your Life Purchasing and Contracts Division be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 26.GRANT FUNDING REQUIREMENTS: 26.1 Items purchased from this Agreement may be funded by federal grants. Purchases made herein are made in accordance with the requirements of Federal Regulations contained in Title 2 Code of Federal Regulations (CFR) Part 200, "Procurement Standards" as well as regulations promulgated by Federal Agencies including the Office of Management and Budget (OMB) or other federal agencies providing such grants in conjunction with the City's needs. 26.2 The City has included the text of the Federal Grant Requirements "Procurement Standards" and incorporated 2 C.F.R. Part 200 §§ 200.317 through 200.327, along with Appendix II as ATTACHMENT A— "REQUIREMENTS FOR PROJECTS FUNDED BY FEDERAL GRANTS" to this solicitation. Bidder shall agree to the applicable requirements of Appendix II for grants. Federal requirements will not apply to projects which are not funded by Federal agencies either directly or through another agency when the City is a subrecipient of federal grant funding. 27. CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERKCa-)TAMARAC.ORG Remainder of Page Intentionally Blank 23-23B Annual Requirements for Roof Tarps 9 City of Tamarac TAMARAC The City For Your Life Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Vice President duly authorized to execute same. OF T AMq ,���'', ESTABLISHED Q ATTEST- _ 19 Q: 01 berly Dill&i OUN�' Ity Clerk �rrr�fi�tiIII0\0'' 6-&—A),Z6 Date ATTEST: CITY OF TAMARAC M" Y��611 I/ Michelle J. Gomez, Mayor 1 &&- � Date Levent\Mcuoglu, Date Appr as to form and legal sufficiency: r an tt o ,City Attorney Da ALL IN SAFETY CORPORATION Company Name j� , Signature of Corporate Secretary Signature of Ae President Chanie Follman Corporate Secretary (CORPORATE SEAL) Moshe Follman Vice President 610(, 1�2 Date 23-23B Aonua/ Requirements for Roof Tarps 10 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF ` :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Moshe Follman, Vice President of All In Safety Corporation, a New York Corporation, to me known to be the 7/sge on(s) described in and who executed the foregoing instrument and acknowledged before me that h executed the same. WITNESS my hand and official seal this day of �/-� ( , 20A �y� Signature o Notary Pu / Iica.5` State of Flo ida at Larger°°9 Print, Type or Stamp Name of Notary Public ❑ Personally, known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 23-23B Annual Requirements for Roof Tarps 11 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Attachment A — REQUIREMENTS FOR PROJECTS FUNDED BY FEDERAL GRANTS THIS EXHIBIT APPLIES ONLY TO PROJECTS UTILIZING FEDERAL FUNDING AND DOES NOT APPLY TO PROJECTS THAT DO NOT UTILIZE FEDERAL FUNDING This document shall be incorporated as a contract document attachment for 23-23B Annual Requirements for Roof Tarps which may be partially or fully funded through a federal grant provided to the City of Tamarac ("CITY"). Therefore, when the CITY engages in contracting for such projects. Consultants should familiarize themselves with the regulations and requirements contained below and in Part 2 C.F.R. 200 Sections 317-327 "PROCUREMENT STANDARDS", provided for reference, and must comply with the applicable provisions of 2 C.F.R. Appendix II included herein when CITY projects are funded with Federal Funds. For purposes of this Agreement, any references to a "Non -Federal entity" of a "subrecipient" of a State included herein shall mean the City of Tamarac ("CITY"). Consultant agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State, County and City orders, statutes, ordinances, rules, and regulations which may pertain to the Services required under the Agreement, including but not limited to the following: �. 200.317 PROCUREMENT BY STATES & NON-FEDERAL ENTITIES (APPLIES TO STATE AGENCIES ONLY) When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non -Federal funds. The State will comply with §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by § 200.327. All other non -Federal entities, including subrecipients of a State, must follow the procurement standards in §§ 200.318 through 200.327. 2. 200.318 (a-b)GENERAL PROCUREMENT STANDARDS The CITY has documented procurement procedures and will conform to the procurement standards identified in 200.317 through 200.327. In accordance with the requirements of this grant/s, the CITY shall maintain oversight to ensure that Consultants perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 3. 200.318 (c)(1) FEDERAL NON -CONFLICT a. The CITY maintains written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your life Purchasing and Contracts Division firm considered for a contract. The officers, employees, and agents of the CITY may neither solicit nor accept gratuities, favors, or anything of monetary value from Consultants or parties to subcontracts. However, non -Federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the CITY. b. The CITY maintains written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the CITY is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 4. 200.318 (d) AVOIDING ACQUISITION OF UNNECESSARY OR DUPLICATIVE ITEMS The CITY shall consider consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives and any other appropriate analysis to determine the most economical approach. s. 200.318 (e) PROMOTE COST-EFFECTIVE USE OF SHARED SERVICES To foster greater economy and efficiency, and in accordance with efforts to promote cost- effective use of shared services across the Federal Government, the CITY encourages entering into state and local intergovernmental agreements or inter -entity agreements where appropriate for procurement or use of common or shared goods and services. Competition requirements will be met with documented procurement actions using strategic sourcing, shared services, and other similar procurement arrangements. s. 200.318 (f) SURPLUS PROPERTY The CITY encourages the use of Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. 7. 200.318 (g) VALUE ENGINEERING The CITY encourages the use of value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at an overall lower cost. 8. 200.318 (h) RESPONSIBLE CONTRACTOR The CITY shall award contracts only to responsible Consultants possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as Consultant integrity, compliance with public policy, record of past performance, and financial and technical resources. See also 200.214. s. 200.318 (1) HISTORY/METHODOLOGLY OF PROCUREMENT The CITY shall maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to, the following: Rationale for the method of procurement, selection of contract type, Consultant selection or rejection, and the basis for the contract price. lo. 200.318 (j) TIME -AND -MATERIALS CONTRACT The CITY may use a time -and -materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the Consultant exceeds at its 23-23B Annual Requirements for Roof Tarps City of Tamarac The City For Your Life Purchasing and Contracts Division own risk. Time -and -materials type contract means a contract whose cost to the CITY is the sum of: a. The actual cost of materials; and b. Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. Since this formula generates an open-ended contract price, a time -and -materials contract provides no positive profit incentive to the Consultant for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the Consultant exceeds at its own risk. Further, if this methodology is utilized the CITY awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the Consultant is using efficient methods and effective cost controls. 11. 200.318 (k) The CITY alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the CITY of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the CITY unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. 12. 200.319 COMPETITION a. All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and � 200.320. b. In order to ensure objective Consultant performance and eliminate unfair competitive advantage, Consultants that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: 1. Placing unreasonable requirements on firms in order for them to qualify to do business; 2. Requiring unnecessary experience and excessive bonding; 3. Noncompetitive pricing practices between firms or between affiliated companies; 4. Noncompetitive contracts to consultants that are on retainer contracts; 5. Organizational conflicts of interest; 6. Specifying only a "brand name" product instead of allowing "an equal' product to be offered and describing the performance or other relevant requirements of the procurement; and 7. Any arbitrary action in the procurement process. C. The CITY must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. 23-239 Annual Requirements for Roof Tarps 14 TAMARAC City of Tamarac The City For Your life Purchasing and Contracts Division d. The CITY has written procedures for procurement transactions. These procedures must ensure that all solicitations: 1. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and 2. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. e. The CITY has ensured that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the CITY has not precluded potential bidders from qualifying during the solicitation period. f. Noncompetitive procurements can only be awarded in accordance with & 200.320(c). 13. 200.320 Methods of procurement to be followed The CITY has documented procurement procedures, consistent with the standards of this section and 44 200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub -award. a. Informal procurement methods. When the value of the procurement for property or services under a Federal award does not exceed the simplified acquisition threshold (SAT), as defined in § 200.1, or a lower threshold established by the CITY, formal procurement methods are not required. The CITY may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost. The informal methods used for procurement of property or services at or below the SAT include: 1. Micro -purchases — i. Distribution. The acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold (See the definition of micro -purchase in § 200.1). To the maximum extent practicable, the CITY should distribute micro -purchases equitably among qualified suppliers. ii. Micro -purchase awards. Micro -purchases may be awarded without soliciting competitive price or rate quotations if the CITY considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. Purchase cards can be used for micro -purchases if procedures are documented and approved by the CITY. iii. Micro -purchase thresholds. The CITY is responsible for determining and documenting an appropriate micro -purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro -purchase threshold used by the CITY must be authorized or not prohibited under State, local, or tribal laws or 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division regulations. The CITY may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) in accordance with paragraphs (a)(1)(iv) and (v) of this section. iv. CITY increase to the micro -purchase threshold up to $50,000. The CITY may establish a threshold higher than the micro -purchase threshold identified in the FAR in accordance with the requirements of this section. The CITY may self -certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal awarding agency and auditors in accordance with 200.334. The self - certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following: A. A qualification as a low -risk auditee, in accordance with the criteria in 200.520 for the most recent audit; B. An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or, C. For public institutions, a higher threshold consistent with State law. V. The CITY may increase to the micro -purchase threshold over $50,000. Micro -purchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The CITY must submit a request with the requirements included in paragraph (a)(1)(iv) of this section. The increased threshold is valid until there is a change in status in which the justification was approved. 2. Small purchases — i. Small purchase procedures. The acquisition of property or services, the aggregate dollar amount of which is higher than the micro -purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the CITY. ii. Simplified acquisition thresholds. The CITY is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk and its documented procurement procedures which must not exceed the threshold established in the FAR. When applicable, a lower simplified acquisition threshold used by the CITY must be authorized or not prohibited under State, local, or tribal laws or regulations. b. Formal procurement methods. When the value of the procurement for property or services under a Federal financial assistance award exceeds the SAT, or a lower threshold established by the CITY, formal procurement methods are required. Formal procurement methods require following documented procedures. Formal procurement methods also require public advertising unless a non-competitive procurement can be used in accordance with 200.319 or paragraph (c) of this section. The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the CITY determines to be appropriate: 1. Sealed bids. A procurement method in which bids are publicly solicited and a firm fixed -price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the 23-23B Annual Requirements for Roof Tarps i6 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division invitation for bids, is the lowest in price. The sealed bids method is the preferred method for procuring construction, if the conditions. i. In order for sealed bidding to be feasible, the following conditions should be present: A. A complete, adequate, and realistic specification or purchase description is available; B. Two or more responsible bidders are willing and able to compete effectively for the business; and C. The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. ii. If sealed bids are used, the following requirements apply: A. Bids must be solicited from an adequate number of qualified sources, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; B. The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; C. All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; D. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and E. Any or all bids may be rejected if there is a sound documented reason. 2. Proposals. A procurement method in which either a fixed price or cost - reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids. They are awarded in accordance with the following requirements: i. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number of qualified offerors. Any response to publicized requests for proposals must be considered to the maximum extent practical; ii. The CITY has a written method for conducting technical evaluations of the responsible proposals received and making selections; iii. Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the CITY, with price and other factors considered; and iv. The CITY may use competitive proposal procedures for qualifications - based procurement of architectural/engineering (A/E) professional services whereby offeror's qualifications are evaluated and the most 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac ThFOr u\ Life Purchasing and Contracts Division qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms that are a potential source to perform the proposed effort. C. Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply: 1. The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold (see paragraph (a)(1) of this section); 2. The item is available only from a single source; 3. The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; 4. The Federal awarding agency or pass -through entity expressly authorizes a noncompetitive procurement in response to a written request from the CITY; or 5. After solicitation of a number of sources, competition is determined inadequate. 14. 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. MINORITY / WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION In accordance with the requirements as stated in C.F.R. 200.321, the City encourages the active participation of minority businesses, women's business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. If subcontracts are to be let, through a prime contractor, that Consultant is required to take the affirmative steps listed in items (a.) through (e.) below to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 15. 200.322 Domestic preferences for procurements (NOT APPLICABLE TO THIS AGREEMENT FOR PROFESSIONAL SERVICES) a. As appropriate and to the extent consistent with law, the CITY, to the greatest extent practicable under a Federal award, will provide a preference and encourages the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all 23-23B Annual Requirements for Roof Tarps 18 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division subawards, including all contracts and purchase orders for work or products under this award. b. For purposes of this section: 1. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 16. 200.322 Procurement of recovered materials (NOT APPLICABLE TO THIS AGREEMENT FOR PROFESSIONAL SERVICES) The CITY encourages and the Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including, but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 17. 200.324 Contract cost and price a. The CITY has performed a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the CITY has made independent estimates before receiving bids or proposals. b. The CITY shall negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. c. Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the CITY under subpart E of this part. The CITY may reference its own cost principles that comply with the Federal cost principles. d. The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. 18. 200.325 Federal awarding agency or pass -through entity review a. The CITY will make available, upon request of the Federal awarding agency or pass - through entity, technical specifications on proposed procurements where the Federal awarding agency or pass -through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the CITY desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass -through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. b. The CITY shall make available upon request, for the Federal awarding agency or pass - through entity pre -procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: 23-23B Annual Requirements for Roof Tarps 19 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 1. The CITY's procurement procedures or operation fails to comply with the procurement standards in this part; 2. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; 3. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product; 4. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or 5. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. c. The CITY would be exempt from the pre -procurement review in paragraph (b) of this section if the Federal awarding agency or pass -through entity determines that its procurement systems comply with the standards of this part. 1. The CITY may request that its procurement system be reviewed by the Federal awarding agency or pass -through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high -dollar funding, and third -party contracts are awarded on a regular basis; 2. The CITY may self -certify its procurement system. Such self -certification must not limit the Federal awarding agency's right to survey the system. Under a self - certification procedure, the Federal awarding agency may rely on written assurances from the CITY that it is complying with these standards. The CITY must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. 19. 200.326 Bonding Requirements For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass -through entity may accept the bonding policy and requirements of the CITY provided that the Federal awarding agency or pass -through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: a. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part of the Consultant for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. C. A payment bond on the part of the Consultant for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. 2o. 200.327 Contract provisions The CITY's contracts shall contain the applicable provisions described in appendix II to this part. 23-23B Annual Requirements for Roof Tarps 20 TAMARAC City of Tamarac For Purchasing and Contracts Division City Your Life Appendix II of 2 CFR 200 Consultant agrees to all Provisions shown below under Appendix II of 2 CFR 200 as sections which are hereby incorporated in this Agreement for projects utilizing Federal Grant Funding: FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES The CITY and CONSULTANT acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract. CONSULTANT agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the sub -Consultant who will be subject to its provisions. 2. ACCESS BY THE GRANTEE, SUBGRANTEE, FEDERAL GRANTOR AGENCY AND COMPTROLLER GENERAL The Consultant shall allow access by the grantee, sub grantee, Federal grantor agency and Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts and transcriptions. s. EQUAL EMPLOYMENT OPPORTUNITY The Consultant shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their Consultants or subgrantees). All Consultants and sub -Consultants performing work in connection with this Contract shall provide equal opportunity for employment because of race, religion, color, age, sex, national origin, sexual preference, disability or marital status. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in a conspicuous place available for employees and applicants for employment, such notices as may be required by any authority having jurisdiction over the Work setting forth the provisions of the nondiscrimination law. a. DAVIS-BACON & RELATED ACTS — This requirement shall not apply to work performed by Consultant under this Agreement, however, Consultant may be required to include requirements for adherence to these statutes when developing Scope of Work / Specification documents for a federally funded project requiring construction, alteration or repair of public buildings or public works. If construction, alteration or repair of public buildings or public works project is funded or assisted under one or more Federal statutes, the Davis -Bacon prevailing wage provisions may apply to the project if any of the applicable statutes requires payment of Davis -Bacon wage rates. a. Consultant shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276a- 7) as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute, Consultant must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified 23-23B Annual Requirements for Roof Tarps 21 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division in a wage determination made by the Secretary of Labor. In addition, Consultant must be required to pay wages not less than once a week. b. The Davis -Bacon Act requires that each contract over $2,000 to which the United States or the District of Columbia is a party for the construction, alteration, or repair of public buildings or public works shall contain a clause setting forth the minimum wages to be paid to various classes of laborers and mechanics employed under the contract. Under the provisions of the Act, Consultants or their sub -Consultants are to pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. c. In addition to the Davis -Bacon Act itself, Congress has added prevailing wage provisions to approximately 60 statutes which assist construction projects through grants, loans, loan guarantees, and insurance. These "related Acts" involve construction in such areas as transportation, housing, air and water pollution reduction, and health. Davis -Bacon wage determinations are to be used in accordance with the provisions of Regulations, 29 CFR Part 1, Part 3, and Part 5. s. COPELAND ANTI -KICKBACK ACT. a. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. Consultant must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. City must report all suspected or reported violations to the Federal awarding agency. b. Subcontracts. The Consultant or sub -Consultant shall insert in any subcontracts the clause above and such other clauses as the FEMA or other administering Federal agency may by appropriate instructions require, and also a clause requiring the sub -Consultants to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the compliance by any sub -Consultant or lower tier sub -Consultant with all of these contract clauses. C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant and sub -Consultant as provided in 29 C.F.R. § 5.12. 6. CONTRACT WORK HOURS AND SAFETY STANDARDS. The Consultant shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702-3704) as supplemented by Department of Labor regulations (29 CFR Part 5). "Compliance with the Contract Work Hours and Safety Standards Act." a. (1) Overtime requirements. No Consultant or sub -Consultant contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 23-23B Annual Requirements for Roof Tarps 22 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the Consultant and any sub - Consultant responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and sub -Consultant shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or sub -Consultant under any such contract or any other federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or sub -Consultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The Consultant or sub -Consultant shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the sub -Consultants to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any sub -Consultant or lower tier sub -Consultant with the clauses set forth in paragraphs (b)(1) through (4) of this section." FEDERAL CLEAN AIR AND WATER ACTS Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to the applicable federal administrating agency and the Regional Office of the Environmental Protection Agency (EPA). DHS SEAL, LOGO, AND FLAGS. Consultant shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre -approval. SUSPENSION AND DEBARMENT. a. Non-federal entities are subject to the non -procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. b. If the resulting contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Consultant is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). C. The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, 23-238 "Hotta! ,2equrremerlts for Roof Tarps 23 TAMARAC City of Tamarac The city For Your Life Purchasing and Contracts Division subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. d. This certification is a material representation of fact relied upon by the City. If it is later determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. e. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES If Consultant fail to perform to the satisfaction of the City any material requirement of the contract or is in violation of a material provision of the contract, the City shall provide written notice to the Consultant requesting that the breach or noncompliance be remedied within a set time frame outlined in the contract. In the event that a dispute, if any, arises between City and Consultant relating to this Agreement, performance or compensation hereunder, Consultant shall continue to render service in full compliance with all terms and conditions of the resulting agreement as interpreted by City regardless of such dispute. Unless otherwise provided for in the resulting agreement, all claims, counter -claims, disputes and other matters in question between the City and the Contractor, arising out of or relating to the resulting agreement, or the breach of it, will be first forwarded to the City Manager, the parties agree to reasonably negotiate the for resolution of the matter, upon failure of said negotiations to resolve the dispute, the parties may present the matter to a court of competent jurisdiction. 11. RIGHTS TO INVENTIONS Consultant agrees that if this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or inventions for Federal Government purposes. 12. NO OBLIGATION BY THE FEDERAL GOVERNMENT The federal government is not a party to this contract and is not subject to any obligations or liabilities to the CITY, contractor, or any other party pertaining to any matter resulting from the contract. 13. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that federal financial assistance will be used to fund the Agreement only. Consultant will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 14. FRAUDULENT STATEMENTS Consultant acknowledges that 31 U.S.C. Chap. 38 applies to Contractor's actions pertaining to this Agreement. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division is. ANTI -LOBBYING. Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. This provision is applicable to all Federal -aid construction contracts and to all related sub -contracts which exceed $100,000 (49 CFR 20). The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 16. RECYCLED PRODUCTS / RECOVERED MATERIALS The Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including, but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 17. COMPLIANCE WITH STATE ENERGY POLICY AND CONSERVATION ACT Consultant shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 23-23B Annual Requirements for Roof Tarps 25 TAMARAC City of Tamarac Th� For Your � Purchasing and Contracts Division 18. MINORITY / WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION In accordance with the requirements as stated in C.F.R. 200.321, the City encourages the active participation of minority businesses, women's business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. If subcontracts are to be let, through a prime contractor, that Consultant is required to take the affirmative steps listed in items (a.) through (e.) below to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. f. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; g. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; h. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; i. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; j. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. is. REPORTING & RETENTION OF RECORDS Pursuant to 44 CFR 13.36(i)(7), Consultant shall comply with federal requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the U.S. Department of Housing and Urban Development, the applicable federal Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of Consultant which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to provide applicable federal Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. Notwithstanding any other requirement set forth in this solicitation or the resulting agreement, all required records shall be retained for at minimum three (3) years after final payments and all other pending matters are closed. 20. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES Prohibitions: Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. Unless an exception applies, the Consultant and its sub - Consultants may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of 23-23B Annual Requirements for Roof Tarps 26 TAMARAC City of Tamarac rn�Qr Your Life Purchasing and Contracts Division City any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. a. Exceptions: This Section does not prohibit Consultant from providing: (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. b. Reporting requirement: In the event Consultant identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Consultant is notified of such by a sub -Consultant at any tier or by any other source, the Consultant shall report the information required of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. The Consultant shall report the following information: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten (10) business days of submitting the information required of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Consultant shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The Consultant shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. C. Domestic Preference for Procurements: As appropriate, and to the extent consistent with law, the Consultant should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 23-23B Annual Requirements for Roof Tarps 27 TAMARAC City of Tamarac ThFor Purchasing and Contracts Division 21. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS If applicable, the Consultant grants to City, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, Consultant will identify such data and grant to the City or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, Consultant will deliver to the Consultant data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by Contractor. 22. PERSONALLY, IDENTIFIABLE INFORMATION In accordance with 2 C.F.R. §200.303, regarding internal controls of a non -Federal entity, Consultant must guarantee the protection of all Personally Identifiable Information (PII) obtained. The program will enact necessary measures to ensure PII of all applicants is safeguarded as to avoid release of private information. If a Consultant or employee should experience any loss or potential loss of PII, the City shall be notified immediately of the breach or potential breach. 23. RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Consultant pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 24. AFFIRMATIVE SOCIOECONOMIC STEPS If subcontracts are to be let, Consultant is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 25. INSPECTION AND ACCEPTANCE The City has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within thirty (30) days so as to not impede the work of the Contractor. Any product of work shall be deemed accepted as submitted if the City does not issue written comments and/or required corrections within thirty (30) days from the date of receipt of such product from the Contractor. The Consultant shall make any required corrections promptly at no additional charge and return a revised copy of the product to the City within seven (7) days of notification or a later date if extended by the City. Failure by the Consultant to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor's submission of corrected work remains unacceptable, the City may terminate the resulting contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. 26. DOCUMENTATION OF COSTS All costs shall be supported by properly executed payrolls, time records, invoices, or vouchers, 23-238 Annual Requirements for Roof Tarps City of Tamarac The City For Your Life Purchasing and Contracts Division or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents, pertaining in whole or in part to the Agreement, shall be clearly identified and regularly accessible. 27. INCREASING SEAT BELT USE IN THE UNITED STATES. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultantis encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company -owned, rented or personally owned vehicles. 28. REDUCING TEXT MESSAGING WHILE DRIVING Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant is encouraged to adopt and enforce policies that ban text messaging while driving, and establish workplace safety policies to decrease accidents caused by distracted drivers. 29. DISCRIMINATION PROHIBITED. Statutes and regulations prohibiting discrimination which may be applicable to the resulting agreement include, without limitation, the following: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; b. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and e. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 30. DRUG FREE WORKPLACE This certification is required by the regulations implementing Sections 5151-5160 of the Drug - Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 USC 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017-600, Purpose. The January 31, 1989, regulations were amended and published as Part 11 of the May 25, 1990 Federal Register (pages 21681-21691). 31. PROHIBITION OF GRATUITIES By submission for this solicitation, the Consultant certifies that no employee has or shall benefit financially or materially from such submission or subsequent contract. Any contract issued as a result of this solicitation may be terminated at such time as it is determined that gratuities of any kind were either offered or received by any of the aforementioned persons. 23-23B Annual Requirements for Roof Tarps �:i TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Agreed to and incorporated into 23-23B Annual Requirements for Roof Tarps T V'f Company Name /� r Signature of Authorized Representative /7()s� / Q//!,, Type/Print Name of Authorized Representative Date 23-23B Annual Requirements for Roof Taips 30 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Attachment B — Pricing Line Item Tarp, Economy, 15' x 20' U/M Unit Price 1 Quantities 1 — 9 EA $9.00 2 Quantities 10 — 99 EA $9.00 3 Quantities 100 — 499 EA $9.00 4 Quantities 500 — 999 EA $9.00 5 Quantities >1000 EA $9.00 Line Item Tarp, Economy, 20' x 30' U/M Unit Price 1 Quantities 1 — 9 EA $19.00 2 Quantities 10 — 99 EA $18.00 3 Quantities 100 — 499 EA $18.00 4 Quantities 500 — 999 EA $18.00 5 Quantities >1000 EA $18.00 Line Item Tarp, Economy, 25' x 40' U/M Unit Price 1 Quantities 1 — 9 EA $31.00 2 Quantities 10 — 99 EA $30.00 3 Quantities 100 — 499 EA $30.00 4 Quantities 500 — 999 EA $30.00 5 Quantities >1000 EA $30.00 Line Item Tarp, Economy, 30' x 40' U/M Unit Price 1 Quantities 1 — 9 EA $36.00 2 Quantities 10 — 99 EA $35.00 3 Quantities 100 — 499 EA $35.00 4 Quantities 500 — 999 EA $35.00 5 Quantities >1000 EA $35.00 Line Item Tarp, Economy, 30' x 50' U/M Unit Price 1 Quantities 1 — 9 EA $44.00 2 Quantities 10 — 99 EA $43.00 3 Quantities 100 — 499 EA $43.00 4 Quantities 500 — 999 EA $43.00 5 Quantities >1000 EA $43.00 Line Item Tarp, Heavy Grade, 30' x 40' U/M Unit Price 1 Quantities 1 — 9 EA $65.00 2 Quantities 10 — 99 EA $64.00 3 Quantities 100 — 499 EA $64.00 4 Quantities 500 — 999 EA $64.00 5 Quantities >1000 EA $64.00 23-23B Anouat Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Line Item Tarp, Heavy Grade, 30' x 50' U/M Unit Price 1 Quantities 1 — 9 EA $84.00 2 Quantities 10 — 99 EA $83.00 3 Quantities 100 — 499 EA $83.00 4 Quantities 500 — 999 EA $83.00 5 Quantities >1000 EA $83.00 Line Item ADDITIONAL OPTIONAL ITEMS U/M Unit Price 1 Industrial Bungee Cord. 24" long dual hook ends EA $10.00 2 Industrial Bungee Cord. 36" long dual hook ends EA $16.00 3 Fastener 10d common galvanized nails 200/box BOX $25.00 4 Tarp Tape 2" wide waterproof EA 23-23B Annual Requirements for Roof Tarps 32 TR 13963 -- Exhibit 1 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division INVITATION TO BID. TA'�.,.�=`:�AC 0400� The City For Your Life 23-23B ANNUAL REQUIREMENTS FOR ROOF TARPS Publish Date: 05/04/2023 All Questions Due: 05/24/2023 by 12:00 PM Bid Due Date and Ceremony: 05/31/2023 at 3:00 PM Through Microsoft Teams Click here to join the meeting Meeting ID: 279 643 534 50 Passcode: 4pAnoz Or call in (audio only) +1 954-289-2459„677273568# U.S., Ft. Lauderdale, Phone Conference ID: 677 273 568# Where to Deliver Bid: Online At: https://www.tamarac.org/bids For: City of Tamarac Purchasing and Contracts Division 7525 NW 88th Avenue Tamarac, Florida 33321 Bonds required for this project: NONE 23-238 Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division TABLE OF CONTENTS ANNUAL REQUIREMENTS FOR ROOF TARPS 23-23B INVITATIONTO BID................................................................................................................................... 1 TABLEOF CONTENTS.............................................................................................................................. 2 ADVERTISEMENT INVITATION TO BID(ITB).......................................................................................... 6 SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE ......................................... 7 OURVISION AND MISSION...................................................................................................................... 8 INSTRUCTIONSTO BIDDERS.................................................................................................................. 9 1. AUTHORITY................................................................................................................................9 2. REGISTRATION AND SUBMISSION OF THE BID.................................................................... 9 3. PRE -BID MEETING.................................................................................................................. 10 4. TYPES OF SOLICITATIONS ISSUED BY THE CITY.............................................................. 10 5. WITHDRAWAL OF BID............................................................................................................. 10 6. NON -COLLUSIVE AFFIDAVIT................................................................................................. 10 7. CONFLICT OF INTEREST........................................................................................................ 10 8. QUANTITIES.............................................................................................................................11 9. PRICES, PAYMENTS. DISCOUNTS & ELECTRONIC PAYMENTS ....................................... 11 10. DELIVERY.................................................................................................................................11 11. SAMPLES AND DEMONSTRATIONS...................................................................................... 12 12. BACKGROUND INVESTIGATION............................................................................................ 12 13. CLARIFICATION & ADDENDA................................................................................................. 12 14. CONTACT INFORMATION AND QUESTIONS FOR ADDENDUM ......................................... 13 15. BID TABULATION..................................................................................................................... 13 16. UNBALANCED BIDS................................................................................................................ 13 17. UNIT PRICES............................................................................................................................ 13 18. FORM AGREEMENT DOCUMENT.......................................................................................... 13 19. OTHER GOVERNMENTAL ENTITIES..................................................................................... 14 20. PROTESTS............................................................................................................................... 14 21. DIGITAL FORMS TO BE COMPLETED WITH BID.................................................................. 14 22. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION ................ 14 23. CONVICTION HISTORY EMPLOYMENT POLICIES............................................................... 15 GENERALTERMS AND CONDITIONS................................................................................................... 16 1. CONDITIONS OF MATERIALS................................................................................................ 16 2. COPYRIGHTS OR PATENT RIGHTS...................................................................................... 16 3. SAFETY STANDARDS............................................................................................................. 16 4. PERFORMANCE...................................................................................................................... 16 5. INSPECTION............................................................................................................................ 16 6. TERMINATION..........................................................................................................................17 7. ASSIGNMENT...........................................................................................................................17 8. EMPLOYEES............................................................................................................................ 17 9. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT ..................................... 17 lits for Ro, 2 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 10. TAXES.......................................................................................................................................18 11. OMISSION OF DETAILS.......................................................................................................... 18 12. INSURANCE REQUIREMENTS............................................................................................... 18 13. INDEMNIFICATION.................................................................................................................. 19 14. INDEPENDENT CONTRACTOR.............................................................................................. 19 15. VENUE...................................................................................................................................... 19 16. SCRUTINIZED COMPANIES.................................................................................................... 20 17. RECORDS/AUDITS.................................................................................................................. 20 18. BUDGETARY CONSTRAINTS................................................................................................. 21 19. EQUITABLE ADJUSTMENT PROVISION................................................................................ 21 20. E-VERIFY COMPLIANCE......................................................................................................... 21 21. CUSTODIAN OF RECORDS.................................................................................................... 22 SPECIALCONDITIONS........................................................................................................................... 23 1. CONTRACT TERM................................................................................................................... 23 2. COOPERATIVE PURCHASING............................................................................................... 23 3. AWARD RESERVATIONS........................................................................................................ 23 4. PRICING....................................................................................................................................23 5. ORDERS................................................................................................................................... 24 6. DELIVERY.................................................................................................................................24 7. POST -STORM EVENT - EXPEDITED DELIVERY REQUIREMENTS .................................... 24 8. INVOICING................................................................................................................................ 24 9. QUANTITIES.............................................................................................................................24 10. CONTINGENCY ITEMS............................................................................................................ 24 11. GRANT FUNDED REQUIREMENTS FOR PURCHASES UNDER THIS AGREEMENT ........ 25 TECHNICAL SPECIFICATIONS............................................................................................................... 26 BIDSCHEDULE ........................................................................................................................................ 29 SAMPLE BID / AGREEMENT.................................................................................................................. 32 1. THE CONTRACT DOCUMENTS.............................................................................................. 32 2. THE WORK............................................................................................................................... 32 3. INSURANCE............................................................................................................................. 32 4. CONTRACT TERM................................................................................................................... 33 5. CONTRACT SUM..................................................................................................................... 33 6. PAYMENTS...............................................................................................................................33 7. REMEDIES................................................................................................................................33 8. WARRANTY..............................................................................................................................34 9. INDEMNIFICATION.................................................................................................................. 34 10. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT ..................................... 35 11. INDEPENDENT CONTRACTOR.............................................................................................. 35 12. ASSIGNMENT AND SUBCONTRACTING............................................................................... 36 13. NOTICE.....................................................................................................................................36 14. TERMINATION..........................................................................................................................36 15. AGREEMENT SUBJECT TO FUNDING................................................................................... 37 23-23B Annual Requirements for Roof Tarps 3 f V AA Nil i s City of Tamarac The City For Your Life Purchasing and Contracts Division 16. VENUE...................................................................................................................................... 37 17. SIGNATORY AUTHORITY....................................................................................................... 37 18. SEVERABILITY; WAIVER OF PROVISIONS........................................................................... 37 19. UNCONTROLLABLE CIRCUMSTANCES................................................................................ 37 20. MERGER; AMENDMENT......................................................................................................... 37 21. NO CONSTRUCTION AGAINST DRAFTING PARTY............................................................. 38 22. CONTINGENT FEES................................................................................................................ 38 23. SCRUTINIZED COMPANIES - 287.135 AND 215.473............................................................ 38 24. PUBLIC RECORDS.................................................................................................................. 38 25. E-VERIFY..................................................................................................................................39 26. GRANT FUNDING REQUIREMENTS: ..................................................................................... 40 27. CUSTODIAN OF RECORDS.................................................................................................... 40 CORPORATE ACKNOWLEDGEMENT................................................................................................... 42 Attachment A - REQUIREMENTS FOR PROJECTS FUNDED BY FEDERAL GRANTS .................... 43 1. 200.317 PROCUREMENT BY STATES & NON-FEDERAL ENTITIES .................................. 43 2. 200.318 (a-b)GENERAL PROCUREMENT STANDARDS...................................................... 43 3. 200.318 (c)(1) FEDERAL NON-CONFLICT............................................................................. 43 4. 200.318 (d) AVOIDING ACQUISITION OF UNNECESSARY OR DUPLICATIVE ITEMS...... 44 5. 200.318 (e) PROMOTE COST-EFFECTIVE USE OF SHARED SERVICES .......................... 44 6. 200.318 (f) SURPLUS PROPERTY..........................................................................................44 7. 200.318 (g) VALUE ENGINEERING........................................................................................ 44 8. 200.318 (h) RESPONSIBLE CONTRACTOR.......................................................................... 44 9. 200.318 (i) HISTORY/METHODOLOGLY OF PROCUREMENT.............................................44 10. 200.318 0) TIME -AND -MATERIALS CONTRACT................................................................... 44 11. 200.318 (k)................................................................................................................................ 45 12. 200.319 COMPETITION........................................................................................................... 45 13. 200.320 Methods of procurement to be followed................................................................. 46 14. 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms........................................................................................ 49 15. 200.322 Domestic preferences for procurements (NOT APPLICABLE TO THIS AGREEMENT FOR PROFESSIONAL SERVICES)............................................................................. 49 16. 200.322 Procurement of recovered materials (NOT APPLICABLE TO THIS AGREEMENT FOR PROFESSIONAL SERVICES)..................................................................................................... 50 17. 200.324 Contract cost and price............................................................................................ 50 18. 200.325 Federal awarding agency or pass -through entity review ..................................... 50 19. 200.326 Bonding Requirements............................................................................................. 51 20. 200.327 Contract provisions.................................................................................................. 51 AppendixII of 2 CFR 200........................................................................................................................ 52 1. FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES .......................................... 52 2. ACCESS BY THE GRANTEE, SUBGRANTEE, FEDERAL GRANTOR AGENCY AND COMPTROLLER GENERAL................................................................................................................ 52 3. EQUAL EMPLOYMENT OPPORTUNITY................................................................................ 52 4. DAVIS-BACON & RELATED ACTS -..................................................................................... 52 23-23B Annual Requirements for Roof Tarps 4 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 5. COPELAND ANTI -KICKBACK ACT...................................................................................... 53 6. CONTRACT WORK HOURS AND SAFETY STANDARDS .................................................... 53 7. FEDERAL CLEAN AIR AND WATER ACTS........................................................................... 54 8. DHS SEAL, LOGO, AND FLAGS............................................................................................ 54 9. SUSPENSION AND DEBARMENT.......................................................................................... 54 10. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES ............................................. 55 11. RIGHTS TO INVENTIONS........................................................................................................ 55 12. NO OBLIGATION BY THE FEDERAL GOVERNMENT.......................................................... 55 13. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS ........ 55 14. FRAUDULENT STATEMENTS................................................................................................ 55 15. ANTI-LOBBYING......................................................................................................................56 16. RECYCLED PRODUCTS / RECOVERED MATERIALS......................................................... 56 17. COMPLIANCE WITH STATE ENERGY POLICY AND CONSERVATION ACT ..................... 56 18. MINORITY / WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION ................................ 57 19. REPORTING & RETENTION OF RECORDS.......................................................................... 57 20. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENTOR SERVICES............................................................................................................... 57 21. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS. 59 22. PERSONALLY, IDENTIFIABLE INFORMATION.................................................................... 59 23. RIGHTS IN DATA..................................................................................................................... 59 24. AFFIRMATIVE SOCIOECONOMIC STEPS............................................................................. 59 25. INSPECTION AND ACCEPTANCE......................................................................................... 59 26. DOCUMENTATION OF COSTS............................................................................................... 59 27. INCREASING SEAT BELT USE IN THE UNITED STATES .................................................... 60 28. REDUCING TEXT MESSAGING WHILE DRIVING................................................................. 60 29. DISCRIMINATION PROHIBITED............................................................................................. 60 30. DRUG FREE WORKPLACE.................................................................................................... 60 31. PROHIBITION OF GRATUITIES.............................................................................................. 60 23-23B Annual Requirements for Roof Tarps 5 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division May 4, 2023 ADVERTISEMENT INVITATION TO BID OTB) ALL QUALIFIED BIDDERS: 23-23B Sealed Bids, addressed to the Procurement Agent of the City of Tamarac, Broward County, Florida, shall be received electronically via the City's encrypted procurement management system, bids&tendersT"' until 3:00 PM local time, May 31, 2023 for: ANNUAL REQUIREMENTS FOR ROOF TARPS 23-23B The City of Tamarac is hereby requesting Bids, from qualified bidders, to supply Roof Tarps. The attached Invitation to Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. The governmental agencies participating in this procurement and their respective delivery locations are listed in the attached document. Other members of the Southeast Florida Governmental Cooperative are also eligible to participate in this Agreement with the permission of the successful vendor. Sealed Bids must be received electronically via the City's encrypted procurement management system, bids&tendersTM on or before the date and time referenced above. Any Bids received after 3:00 PM on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Bid is received will be resolved against the Bidder. The Contractor may be required to perform on behalf of the City of Tamarac in accordance with applicable regulations contained in Title 2 Code of Federal Regulations (CFR) Part 200, as well as regulations promulgated by Federal Agencies including OMB, FEMA, FHWA and other federal agencies in conjunction with the City's needs. MINORITY / WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION: The City of Tamarac, in accordance with the requirements as stated in C.F.R. 200.321 encourages the active participation of minority businesses, women's business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible either as prime contractors or subcontractors Tamarac FL, 33321-2401 The City reserves the right to reject any or all Bidders, to waive any informalities or irregularities in any Bids received, to re -advertise for Bids, to award in whole or in part to one or more Bidders or take any other such actions that may be deemed to be in the best interests of the City. Bid documents may be obtained electronically ONLY at: https://www.tamarac.org/bids. Armanda Erdle Procurement Agent 954.597.3568 Publish Sun -Sentinel: 05/07/2023 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE Cooperative Purchasing: The Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: • Each participating governmental entity will be responsible for awarding a contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division OUR VISION AND MISSION Our Vision: The City of Tamarac, our community of choice -- leading the nation in quality of life through safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. Our Mission: We Are "Committed to Excellence... Always" It is our job to foster and create an environment that: Responds to the Customer Creates and Innovates Works as a Team Achieves Results, and Makes a Difference In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered; in a manner that improves the overall value of the services that the City provides to its residents. In addition, we expect our vendors to work with the City as a team and exhibit the highest level of integrity when dealing with any office or department of the City. Diligence in the execution of the requirements of this proposal will ultimately contribute to the overall quality of services provided to the entire community. The City is searching for a firm who will exemplify these ideals in the execution of their work, and the successful firm will be measured against the performance standards outlined in this quotation invitation. ACCESSIBILITY The information contained in this document is available in an accessible format at: https://www.tamarac.org/bids. INTRODUCTION It is the intent of the City to award this Bid to the lowest responsible and responsive Responding firm. The City reserves the right to accept or reject any or all Bids and to waive any informality concerning the Bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the Bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation" Article V, "Purchasing Procedures", Section 6-141 et seq. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division INSTRUCTIONS TO BIDDERS 23-23B ANNUAL REQUIREMENTS FOR ROOF TARPS It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. 1. AUTHORITY This solicitation is issued pursuant to and governed by the laws of the State of Florida, Article VI I "Financial Procedures", Section 7.11, "Requirements for Public Bidding, of the City of Tamarac Charter; and Chapter 6 "Finance and Taxation", Article V, the Tamarac Procurement Code. 2. REGISTRATION AND SUBMISSION OF THE BID 2.1 All bidders / proposers must visit https://www.tamarac.org/bids to download bid documents. Bidders must create a New Account with the City's solicitation distribution partner, bids&tenders TM, and must select the commodity codes for which they wish to be notified. Upon selection of commodity codes and the completion of registration, bidders will receive electronic e-mail notifications any time new solicitations are uploaded for the specific commodity codes selected. The notifications will provide vendors a link, allowing the vendor to download the package and receive all new addendums released by the City for that solicitation. It is the Contractor's responsibility to select the correct Commodity Code associated with what type of items or services they can provide to the City. 2.2 Upon completion of the registration process, a confirming e-mail will be sent to the individual who registered. 2.3 Bidders shall be solely responsible for maintaining accurate contact data through the Bids and Tenders system. The City shall under no circumstances be responsible for any errors or omissions in vendor's contact information on file with Bids and Tenders. Updates to contact information may be requested by contacting Bids and Tenders at support@bidsandtenders.org. 2.4 The Responding firm is directed to submit all bids online at https://www.tamarac.org/bids no later than the date and time specified on the cover page of this solicitation document. Bids will not be considered and cannot be entered online after the above referenced closing date. The City will not be responsible for a late bid as a result of the vendor's inability to respond and upload their bid response in a timely manner. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 2.5 It is the Responding firm's responsibility to read and understand the requirements of this bid request. Unless otherwise specified, the Responding firm must use the bid form located online for Invitation for Bid document. 2.6 All bids shall be submitted in the English language. All prices, terms and conditions bid in the submitted response shall be expressed in U.S. Dollars, and will be firm for acceptance for ninety (90) calendar days from the date of the bid opening unless otherwise stated by the City. 2.7 The Responding firm preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Responding firm shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 3. PRE -BID MEETING The City may hold a pre -bid conference for this project. The information regarding such meeting will be noted on the cover page or advertisement page of this document. NOTE: NO PRE -BID MEETING REQUIRED FOR THIS SOLICITATION. 4. TYPES OF SOLICITATIONS ISSUED BY THE CITY Anytime the City releases a new solicitation it will contain a suffix of one of the following types: B = Invitation to Bid (ITB) R = Request for Proposal (RFP) L = Letter of interest (LOI) Q = Request for Qualifications (RFQ) RB/RP = Re-Bid/Proposal FQ = Formal Quotation (RFFQ) IQ = Informal Quotation (RFIQ) HQ = Housing Quotation (RFHQ) This suffix will determine what type of solicitation the City will be procuring. 5. WITHDRAWAL OF BID Any Responding firm may withdraw its bid prior to the indicated opening time. The request for withdrawal must be completed online at https://www.tamarac.org/bids if requested prior to the bid opening date and time. 6. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity and may be cause for rejection of the bid. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Responding firms shall disclose the name of any officer, director, partner, 23-23B Annual Requirements for Roof Tarps 10 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates 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 contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS 9.1 Firm Pricing: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, pricing submitted shall be fixed and firm for a period of ninety (90) calendar days including when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. 9.2 Prompt Payment Discounts: Responding firms are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Responding firm shall enter zero (0) for the percentage discount to indicate net 30 days. If the Responding firm does not enter a percentage discount, it is understood and agreed that the payment terms shall be two percent (2%) ten (10) days, net thirty (30) days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Local Government Prompt Payment Act, F.S. Chapter 218. (See link for more information) 9.3 ****************IMPORTANT NOTE**********************Payments by Electronic Funds Transfer: ALL payments by the City will be made by Direct Deposit (ACH) via electronic funds transfer. Vendors must register for direct deposit with the City prior to receiving any payments by providing a "City of Tamarac Consent for Direct Deposit" form (ACH Form) to the City's Financial Services Accounting Division. The form may be accessed on the City of Tamarac web -site at https://tamarac.seamIessdocs.com/f/DirectDeposit . 9.4 Please contact the Purchasing & Contracts Division at the number shown on this solicitation document herein as the first point of contact for more information. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the quotation. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 11. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested, it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Responding firm's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Responding firm. 12.BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Responding firm's officers and/or employees, by the Broward County Sheriff's Office. Responding firm's submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Responding firm's qualifications. 13.CLARIFICATION & ADDENDA 13.1 It is essential that all vendors receiving a bid or proposal download the document from the City's website. 13.2 All bidders / proposers must visit https://www.tamarac.org/bids to download bid documents. Bidders must create a New Account with the City's solicitation distribution partner, bids&tendersTA4, and must select the commodity codes for which they wish to be notified. Upon selection of commodity codes and the completion of registration, bidders will receive electronic e-mail notifications any time new solicitations are uploaded for the specific commodity codes selected. The notifications will provide vendors a link, allowing the vendor to download the package and receive all new addendums released by the City for that solicitation. It is the Contractor's responsibility to select the correct Commodity Code associated with what type of items or services they can provide to the City. 13.3 Upon completion of the registration process, a confirming e-mail will be sent to the individual who registered. Addendums will be uploaded to the City's website but regardless of the means of transmission of an Addendum it is the responsibility of the bidder or proposer to ensure that they have received all addendums issued for a solicitation prior to submitting a response. Bidders shall be solely responsible for maintaining accurate contact data with the Bids and Tenders. The City shall under no circumstances be responsible for and errors or omissions in vendor's contact information on file with. Updates to contact information may be requested by contacting Bids and Tenders at support@bidsandtenders.org. 13.4 Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Scope or Work outlined in this quotation, the Special Conditions and/or the Scope or Work shall prevail. 13.5 The Responding firm shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any 23-238 Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division material errors in specifications are found, the Responding firm shall contact the Purchasing & Contracts Division Office immediately. 14.CONTACT INFORMATION AND QUESTIONS FOR ADDENDUM For inquiries regarding this or any solicitation Bidders must submit questions online at https://www.tamarac.org/bids Once on the webpage bidder should click the solicitation they are interested in and click the "Submit a Question Button". All questions will be reviewed by the City and answered in the form of an addendum which will be uploaded to the City's website and available for all firms registered as plan holders. The City of Tamarac reserves the right to amend this bid prior to the bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. **** SPECIAL NOTE -- Addendums will only be issued electronically through the City's website. Vendors will be notified of the availability of new solicitations and addendums via e-mail (per the vendor's selected commodity choice). The City of Tamarac reserves the right to amend this bid prior to the bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. 15. BID TABULATION When a IFB or bid Closes an unofficial bid tab will be posted online at: https://www.tamarac.org/bids Responding firms will be able to download the unofficial bid tabulation at the link provided directly above. The City may or may not notify unsuccessful Responding firms of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids and quotations or proposals received by an agency pursuant to invitations for bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3) (a), or within 30 days after bid/proposal opening, whichever is earlier. 16.UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, the City reserves the right to reject such bid. 17.UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Responding firm's online submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. 18. FORM AGREEMENT DOCUMENT The City may attach as a part of this solicitation; a Form Agreement document. Responding firms shall be responsible for complying with all the terms and conditions of the Form Agreement document if included herein, except where variant or conflicting 23-23B Annual Requirements for Roof Tarps 13 City of Tamarac TAMARAC The City For Your Life Purchasing and Contracts Division language may be included in any Special Conditions contained herein. Responding firms shall note any deviation or variance with the Form Agreement document at the time of the online bid submission. 19.OTHER GOVERNMENTAL ENTITIES If a Responding firm is awarded a contract because of this Invitation to Bid, responding firm will, if Responding firm has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. 20. PROTESTS Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the purchasing and contracts manager. The protest shall be submitted in writing within five (5) business days after such aggrieved person knows or should have known of the facts giving rise thereto and shall be submitted with the procedures outlined in section 6-154 "Appeals and remedies" of the Tamarac procurement code, available at the following link: https://www.municode.com/library/fl/tamarac/codes/code of ordinances?nodeld=PTIICO CH6FITA ARTVTAPRCO 21. DIGITAL FORMS TO BE COMPLETED WITH BID The following fillable digital forms have been created and must be submitted / acknowledged with each bid: Certification Vendor Drug -Free Workplace Bidder's Qualification Statement References Scrutinized Companies List Firm's Primary Ownership Local, CBE and Veteran Information (Optional) Conviction History Employment Policy Inquiry (Optional) 22. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION The following forms must be filled out, scanned back and uploaded to the defined section below: Document Upload # Required form to be printed, filled -out, scanned in & uploaded 22.1 Document Upload 1: Non -Collusive Affidavit & Acknowledgement of Non - Collusive Affidavit. 22.2 Document Upload 2: Certified Resolution. 22.3 Document Upload 3: Certificate of Insurance — Proof of Requirements. 22.4 Document Upload 4: Internal Revenue Service Form W-9. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 22.5 Document Upload 5: Conviction History -- Validation that Bidder has policies in place to exclude requesting criminal history information from employment candidates until after the Bidder initially determines that a candidate is otherwise qualified for the job being advertised. Upload your employment application, employee handbook or other proof of compliance. (Optional) 22.6 Document Upload 6: Federal Grant Requirements Compliance (Attachment A). Bidder shall upload Attachment A — REQUIREMENTS FOR PROJECTS FUNDED BY FEDERAL GRANTS provided in Part 2 C.F.R. 200 Sections 317- 327 "PROCUREMENT STANDARDS", and Part 2 C.F.R., Appendix Il. Failure to provide the requested attachments may result in your bid being deemed non- responsive. 23. CONVICTION HISTORY EMPLOYMENT POLICIES 23.1 The policy of the City of Tamarac is that it will not include any question on any application for employment, inquire either orally or in writing, receive information about an applicant's criminal history background check, or otherwise obtain information about an applicant's criminal history until after the City initially determines that the applicant is otherwise qualified for a position. Once the City has initially determined that an applicant is otherwise qualified, the City may inquire into or obtain information about a criminal record. 23.2 The City encourages vendors that do business with the City to adopt and employ conviction history policies, practices, and standards that are consistent with the policies found in the first paragraph of this section herein. 23.3 Vendors are requested to provide information relating to their policies regarding criminal information history and will be asked to provide information as a part of vendor's electronic response. Vendors with criminal history information procedures may be requested to validate their procedures by providing copies of their written policy and/or copies of their employment applications as part of their electronic submittal response. Remainder of Page Intentionally Blank 23-23B Annual Requirements for Roof Tarps 15 City of Tamarac TAMARAC The City For Your Life Purchasing and Contracts Division GENERAL TERMS AND CONDITIONS BID NO. 23-23B ANNUAL REQUIREMENTS FOR ROOF TARPS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Responding firms including but not limited to Invitations for Bid, Requests for Quotation and Requests for Proposal. As such the words "quotation", "bid" and "proposal" may be used interchangeably in reference to all offers submitted by prospective Responding firms. Any and all special conditions in this IFB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 1. CONDITIONS OF MATERIALS All materials and products supplied by the Responding firm in conjunction with this bid shall be new, warranted for their merchantability, fit for a purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. If any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Responding firm at no cost to the City. Successful Responding firm shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period that may be specified below shall commence upon final acceptance of the product. 2. COPYRIGHTS OR PATENT RIGHTS The Responding firm warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered because of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 3. SAFETY STANDARDS The Responding firm warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall follow Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered because of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). 4. PERFORMANCE Failure on the part of the Quoting firm to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award; notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance -based contracting. The City may, by written notice to the Responding firm, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 5. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 6. TERMINATION a. DEFAULT: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b.TERMINATION FOR CONVENIENCE OF CITY: Notwithstanding any additional requirements for performance -based contracting contained in the special conditions herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. If the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. c. FUNDING OUT: This agreement shall remain in full force and effect only if the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement; and is subject to termination based on lack of funding. 7. ASSIGNMENT The Responding firm shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. No such approval will be construed as making the City a part of or to such assignment or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of its liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner who can legally bind the company, stating that they will continue to perform the requirements of the contract in compliance with all the terms, conditions, and specifications so stated in the contract. 8. EMPLOYEES Employees of the Responding firm shall always be under its sole direction and not an employee or agent of the City. The Responding firm shall supply competent and physically capable employees. The City may require the Responding firm to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Responding firm shall be responsible to the City for all acts and omissions of all employees working under its directions. 9. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the successful Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity, genetic information or expression, or disability if qualified. Such actions must include, but not be limited to, 23-238 Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10.TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 11.OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the Responding firm of supplying such product(s) as specified. 12.INSURANCE REQUIREMENTS Except for contract requirements where goods are drop -shipped to the City, responding firm agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Responding firm shall obtain at Responding firm's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Responding firm shall maintain such insurance in full force and effect during the life of this Agreement. Responding firm shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Responding firm shall indemnify and save the City harmless from any damage resulting to it for failure of either Responding firm or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: • General Liability- $1 M/$2M • Automobile — $1 M/$1 M • Workers Comp — Statutory The City reserves the right to require higher limits depending upon the scope of work under this Agreement that may be outlined below. Neither Responding firm nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Responding firm will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days' notice prior to cancellation. TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division The Responding firm's liability insurance policies shall be endorsed to add the City of Tamarac as "additional insured". The Responding Firm's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Responding firm shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Responding firm purchase a bond to cover the full amount of the deductible or self -insured retention. If the Responding firm is to provide professional services under this Agreement, the Responding firm must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims - Made" forms are acceptable for Professional Liability insurance. A sample Insurance certificate validating that the responding firm has the required insurance coverage that will meet the requirements outlined herein must be uploaded with Responding firm's bid. 13.INDEMNIFICATION The Responding firm shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Responding firm or its Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 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 under the indemnification agreement. 14.INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the successful Contractor is an independent contractor under this Agreement and not the City's employee for any 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 Worker's 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 any potential Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, 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 had 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. Any potential 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. 15.VENUE Any Agreement resulting from this solicitation shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 16. SCRUTINIZED COMPANIES By execution of this bid/proposal, Bidder certifies that Bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Bidder been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 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. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If 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 Section 287.135, Florida Statutes, as amended from time to time. 17. RECORDS/AUDITS The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: • Keep and maintain public records required by the City to perform the service; • Upon request from the City's custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law. • 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. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 18. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document maybe subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. 19. EQUITABLE ADJUSTMENT PROVISION The City of Tamarac may, in its sole discretion, make an equitable adjustment in the Contract Terms and conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfy all the following criteria: 1) the volatility is due to causes wholly beyond the Contractor's control; 2) the volatility affects the marketplace or industry, not just the particular Contractor's source of supply; 3) the effect on pricing or availability of supply is substantial; and 4) the volatility so affects the Contractor that continued performance of the Contract would result in substantial loss. Any adjustment would require irrefutable evidence and written approval by the Purchasing and Contracts Manager, the City Manager or the Mayor and City Commission depending on the contract threshold and original signature authority established for the individual Agreement. The City may elect to provide a one-time increase, an increase for a predetermined period which may be reflected as a change in the unit price or as a surcharge in addition to the unit price, or an increase for the remainder of the contract. In the event of any market decreases the Contractor shall in good faith provide the City with reduced pricing. All requests for an Equitable Adjustments must be addressed in writing to the attention of the Purchasing and Contracts Manager, and include appropriate documentation including but not limited to, data from established government or industry indices, market trend data, notification from suppliers or manufacturers or other information as agreed upon between the City and the Successful Bidder. 20. E-VERIFY COMPLIANCE As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Consultant shall require each of its subcontractors to provide Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Consultant, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Consultant otherwise complied, shall promptly notify Consultant and Consultant shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Consultant acknowledges that upon termination of this Agreement by the City for a violation of this section by Consultant, Consultant may not be awarded a public contract for at least one (1) year. Consultant further acknowledges that Consultant is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Consultant or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these 23-238 Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division clauses in any lower tier subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 21.CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK(a--)TAMARAC.ORG Remainder of Page Intentionally Blank 23-23B Annual Requirements for Roof Tarps 22 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division SPECIAL CONDITIONS BID NO. 23-23B ANNUAL REQUIREMENTS FOR ROOF TARPS 1. CONTRACT TERM The contract term shall be for an initial one (1) year period effective on the date of contract award. The City reserves the right to renew the contract for up to three (3) additional one (1) year periods, providing all parties agree to the extension and renewal terms. 2. COOPERATIVE PURCHASING This is a Cooperative Invitation to Bid issued by the City of Tamarac on behalf of the participating governmental entities in the Southeast Florida Governmental Cooperative, as referenced within this bid document. All quantities provided are estimates of annual usage and may be increased or decreased to meet the requirements of each participant. No warranty is given or implied as to the exact quantities that will be used during the term of this contract. In addition, Co-op members who do not participate directly may piggy -back this agreement at any time during the term, with the permission of the successful vendor. 3. AWARD RESERVATIONS The City reserves the right to consider a Bidders history of performance and deliveries in determining a Bidder's responsibility, and further reserves the right to declare a bidder not responsible if the history of violations warrants such determination. Award to be made based on the extended unit cost for quantities less than 10 and on an all -or -none basis to the lowest aggregate responsive and responsible bidder, or in the best interest of the City. 4. PRICING A. Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. Pricing shall remain firm and fixed through the contract period. B. No price increase will be accepted during the initial contract period. The successful contractor may submit a price increase or decrease request to be effective on the anniversary date of the Agreement, based on contractor's actual material, freight or fuel cost. To qualify for this increase, the contractor must submit justification and written verification from material/freight/fuel distributor(s) to the Purchasing Division a minimum of 90 days prior to initial contract term expiration, including copies of actual invoices, or other appropriate documentation. Under NO circumstances will the contractor be permitted to request additional profit. The City will accept a price decrease at any time. C. Pricing on quoted on each item shall be for quantities less than 10 per order. This price will be used to calculate low bid. When submitting pricing on this bid, the City has provided an area to enumerate pricing for various quantity levels. Please provide pricing as shown. In addition, for purposes of evaluation and comparison, the City has provided estimated quantities for items based on information received from members of the SE Florida Governmental Purchasing Cooperative. These Estimated 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your life Purchasing and Contracts Division Quantities have been included on the bid form, and the determination of a responsive low bid will be based on the aggregate total of the "Estimated Quantity" figures shown in boldface on the bid form. Please provide unit pricing and extension as required; and add the aggregate total in the area provided on the bid form. 5. ORDERS Each entity participating in this Agreement shall be responsible for placing orders under this Agreement with the successful bidder. Agencies shall order quantities on an as needed basis during the term of the Agreement. 6. DELIVERY Bidder shall be capable of and agree to the following: A. Deliver to the location specified, and provide for dock delivery, FOB Destination. B. The risk of loss, injury or destruction, regardless of the cause, shall be on the Bidder until the delivery of goods to the designated City or agency location. Title to the goods shall pass to the City or agency upon delivery and acceptance. 7. POST -STORM EVENT — EXPEDITED DELIVERY REQUIREMENTS It is anticipated that the majority of roof tarps will be ordered for inventory stock, however, some entities may wish to purchase quantities contingent on a storm event. It is understood that in the aftermath of a storm the ability to transport items may be difficult to accomplish. In the event of such a situation, the City will permit the contractor to obtain alternate transportation at the then prevailing cost, and bill the entity as a pass -through cost, with no additional profit margin. In addition, the City or entity reserves the right to contract separately for transportation. If an entity contracts for transportation, the contractor shall provide access to their facility for pick-up of merchandise; and shall waive the associated freight charge. 8. INVOICING Each Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable cash discounts. 9. QUANTITIES The quantities shown herein are only estimates of requirements. The agreement shall be for the volume actually ordered. Payment shall be authorized for actual orders released under this agreement. 10. CONTINGENCY ITEMS Contingency items are items which the City may elect to purchase in the future but for which the City has no immediate requirement. All items on the Bid Form other than the Estimated Quantities are to be considered contingencies. The City reserves the right not to purchase these items, and is under no obligation to do so. Contingency item pricing will not be a factor in determining the lowest responsive and responsible bidder for purposes of award. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 11. GRANT FUNDED REQUIREMENTS FOR PURCHASES UNDER THIS AGREEMENT 11.1 Items purchased from this Agreement may be funded by federal grants. Purchases made herein are made in accordance with the requirements of Federal Regulations contained in Title 2 Code of Federal Regulations (CFR) Part 200, "Procurement Standards" as well as regulations promulgated by Federal Agencies including the Office of Management and Budget (OMB) or other federal agencies providing such grants in conjunction with the City's needs. 11.2 The City has included the text of the Federal Grant Requirements "Procurement Standards" and incorporated 2 C.F.R. Part 200 §§ 200.317 through 200.327, along with Appendix II as ATTACHMENT A— "REQUIREMENTS FOR PROJECTS FUNDED BY FEDERAL GRANTS" to this solicitation. Bidder shall agree to the applicable requirements of Appendix II for grants. Federal requirements will not apply to projects which are not funded by Federal agencies either directly of through another agency when the City is a subrecipient of federal grant funding. 11.3 MINORITY / WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION: The City of Tamarac, in accordance with the requirements as stated in C.F.R. 200.321 encourages the active participation of minority businesses, women's business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible either as prime contractors or subcontractors. The City encourages the following methods to achieve increased participation: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Remainder of Page Intentionally Blank 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac Th C'it F Y I Purchasing and Contracts Division e y or our i e TECHNICAL SPECIFICATIONS BID NO. 23-23B ANNUAL REQUIREMENTS FOR ROOF TARPS 1. INTRODUCTION The following technical requirements shall govern the purchase of roof tarps to be utilized for distribution by the City of Tamarac, and other agencies within the SE Florida Governmental Purchasing Co-operative during the contract period. 2. SIZES Tarps shall be provided in the following nominal sizes, with finished sizes to be not greater than 6" shorter on any single side: 15' x 20' 20' x 30' 25' x 40' 30' x 40' 30' x 50' 3. MATERIALS A. Economy: Tarps shall be polyethylene construction, minimum 5.1 Mils thickness, fiber coated on both sides. The tarp weight shall be a minimum of 2.9 ounces per square yard. Weave shall be a minimum 800 denier, with a minimum 8 x 8 fiber count. B. Heavy -Duty: Tarps shall be polyethylene construction, minimum 10.5 Mils thickness, fiber coated on both sides. The tarp weight shall be a minimum of 5.4 ounces per square yard. Weave shall be a minimum 1200 denier, with a minimum 14 x 14 fiber count. 4. RESISTENCE TO ELEMENTS Tarps shall be designed to resist ultraviolet rays from the sun, and shall be designed to be water resistant, acid resistant, mildew resistant, and tear resistant. 5. SEAMS Seams, when required because of the tarp size, shall be heat -sealed. 6. GROMMETS A. Economy: Tarps shall utilize reinforced rust resistant metal grommets, which shall be spaced along at least two opposite sides of the tarp, at increments of approximately 36". B. Heavy -Duty: Tarps shall utilize reinforced rust resistant metal grommets, which shall be spaced along at least two opposite sides of the tarp, at increments of approximately 18". In addition, corners shall be reinforced. 23-23B Annual Requirements for Roof Tarps 1 1 0, City of Tamarac The City For Your Life Purchasing and Contracts Division Following is a list of the agencies participating in this bid and their respective delivery locations: AGENCY DELIVERY ADDRESS CITY/STATE/ZIP CONTACT PHONE Broward County 1801 NW 64th St, Suite Ft. Lauderdale, FL, Camile (954) 831-3961 101 33309 Campbell Broward County 960 NW 38th St Oakland Park, FL, Edgar Ruiz (954) 357-7084 (Alternate Delivery 33309 Location and Contact City of Coconut Creek TBD Coconut Creek, FL Lorie Messer 954 956-1584 City of Coral Springs Central Stores, 4181 Coral Springs, FL, Alan (954) 345-2235 NW 121 Ave 33065 Distefano City of Fort Lauderdale 220 SW 14 Ave, Bldg. 3 Ft Lauderdale, FL, Corey Callier (954) 828-5873 33312 City of Hallandale Department of Public Hallandale Beach, FL, Charles (954) 457-1669 Beach Works, 630 NW 2nd St 33009 Casimir City of Miami Gardens Miami Gardens City Miami Gardens, FL, Tom Ruiz (305) 622-8000 Hall, 18605 NW 27th 33056 Ave City of North 701 SW 71 st Ave North Lauderdale, FL, Myriam (954) 722-0900 Lauderdale 33068 Jacques X 4810 City of North Miami 17011 NE 191h Ave North Miami Beach, Meghan (305) 948-2946 Beach North FL, 33162 Bennett City of Riviera Beach 1481 West 15th Street Riviera Beach, FL, Glendora (561) 845-3477 33404 Williams City of Sunrise 14150 NW 8ch Street Sunrise, FL, 33325 Steve Joseph. 954 888-3295 City of Tamarac 6011 Nob Hill Road Tamarac, FL 33321 Keith Glatz 954 597-3570 City of Wilton Manors 2100 N Dixie Highway Wilton Manors, FL Augustus (954) 390-2130 33305 Haynes 23-23B Annual Requirements for Roof Tarps 27 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division ESTIMATED QUANTITIES BY ENTITY AGENCY 15x20 Econ 20x30 Econ 25x40 Econ 30 x 40 Econ 30x50 Econ 30x40 Heavy 30x50 Heav Broward County 2000 3000 1000 City of Coconut Creek TBD TBD TBD TBD TBD TBD TBD City of Coral Springs 40 City of Fort Lauderdale 10 10 10 10 10 10 10 City of Hallandale Beach 50 50 50 City of Miami Gardens TBD TBD TBD TBD TBD TBD TBD City of North Lauderdale 10 10 20 20 20 30 30 City of North Miami Beach 30 25 10 City of Riviera Beach 20 20 20 10 10 10 10 City of Sunrise 10 10 10 10 10 10 10 City of Tamarac 20 20 20 10 10 Cityof Wilton Manors TBD TBD TBD TBD TBD TBD TBD TOTALS 2070 3100 1130 75 100 120 120 Note: Quantities shown are for reference purposes. The Agreement shall be for the actual quantities ordered. Please bid based on specific quantities provided on the bid form herein; and provide pricing for quantity breaks per the instructions on the Bid Form. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division BID SCHEDULE BID NO. 23-23B ANNUAL REQUIREMENTS FOR ROOF TARPS The Bidder hereby declares that he or she has carefully examined the requirements and specifications contained herein, and does hereby agree to furnish all materials, tools, equipment and incidentals and to sustain all the expenses incurred in performing the work in strict accordance with the requirements & specifications, which are made a part thereof at the following prices offered. In the event of latent multiplication errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. To be eligible for award of this project, the Bidder must possess at time of bid opening, the competency that the firm can meet, exceed, or legally perform the scope of work described, will be acceptable. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. The City of Tamarac is hereby requesting Bids, from qualified vendors, to furnish and deliver roof tarps on an "as -needed" basis as specified herein. The electronic Bid Schedule form is available online at: https://www.tamarac.orq/bids. Please submit your price proposal online using the electronic Bid Schedule form. The form shown below is for reference only. Description Quantity Breaks UOM Unit Price Freight per Total Cost Per Tar Unit Tarp, Economy, Estimated Qty: 15' x 20'. 2070 $ $ $ (Please price the Estimated Quantity 1-9 $ $ based on quantities 10-99 $ $ less than 10 and 100-499 EA $ $ provide pricing for 500-999 $ $ quantity breaks as 1000+ $ $ shown.) Tarp, Economy, Estimated Qty: 20' x 30'. 3100 $ $ $ (Please price the Estimated Quantity 1-9 $ $ based on quantities 10-99 $ $ less than 10 and 100-499 EA $ $ provide pricing for 500-999 $ $ quantity breaks as 1000+ $ $ shown.) Tarp, Economy, Estimated Qty: 25' x 40'. 1130 $ $ $ (Please price the EA Estimated Quantity 1-9 $ $ based on quantities 10-99 $ $ 23-236 Annual Requirements for Roof Tarps 29 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division less than 10 and 100-499 $ $ provide pricing for 500-999 $ $ quantity breaks as 1000+ $ $ shown.) Tarp, Economy, Estimated Qty: 30' x 40'. 75 $ $ $ (Please price the Estimated Quantity 1-9 $ $ based on quantities 10-99 EA $ $ less than 10 and 100-499 $ $ provide pricing for 500-999 $ $ quantity breaks as 1000+ $ $ shown.) Tarp, Economy, Estimated Qty: 30' x 50'. 100 EA $ $ $ (Please price the 1-9 $ $ Estimated Quantity 10-99 $ $ based on quantities 100-499 $ $ less than 10 and 500-999 $ $ provide pricing for 1000+ $ $ quantity breaks as shown. Tarp, Heavy Grade, Estimated Qty: 30' x 40'. 120 EA $ $ $ (Please price the 1-9 $ $ Estimated Quantity 10-99 $ $ based on quantities 100-499 $ $ less than 10 and 500-999 $ $ provide pricing for 1000+ $ $ quantity breaks as shown. Tarp, Heavy Grade, Estimated Qty: 30' x 50'. 120 EA $ $ $ (Please price the 1-9 $ $ Estimated Quantity 10-99 $ $ based on quantities 100-499 $ $ less than 10 and 500-999 $ $ provide pricing for 1000+ $ $ quantity breaks as shown. TOTAL FOR ESTIMATED QUANTITY ITEMS $ 23-238 Annual Requirements for Roof Tarps 30 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division The City is requesting pricing for the following items only if the vendor is able to provide them. This pricing shall not be considered in the determination of the Bid Award. Industrial Bungee Cord. 24" long, dual hook ends EA $ $ $ Industrial Bungee Cord. EA 36" long, dual hook ends $ $ $ Fastener, 10d common LB $ galvanized nails $ $ Tarp Tape, 2" wide, waterproof. LIFT $ $ $ For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein. It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. In the event or latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner The quantities shown herein are estimated quantities based on historic usage over a 12-month period, and represent the best estimate of the City for required quantities. The City may have quantities that are less than or more than the estimated quantities shown herein. The contract issued as a result of this solicitation shall be for the actual quantities required. Remainder of Page Intentionally Blank 23-23B Annual Requirements for Roof Tarps 31 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division SAMPLE BID / AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this day of , 20_ by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and corporation with principal offices located at (the "Contractor") to provide Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. THE CONTRACT DOCUMENTS The contract documents consist of this Agreement, Bid Document No. 23-23B for "ROOF TARPS", issued by the City of Tamarac on Invitation to Bid #23-23B including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions, Instructions to Bidder's), Technical Specifications, all addenda, the Contractor's Bid response dated , and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid for " " as issued by City, and the contractor's bid response; Bid for " " as issued by City shall take precedence over the contractor's bid response. Furthermore, in the event of a conflict between this document and any other Contract Documents, this Agreement shall prevail. 2. THE WORK 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents including all Addendums, Exhibits, Attachments and Appendices. 2.1.2 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3. INSURANCE 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: • General Liability- $1 M/$2M • Automobile — $1 M/$1 M • Workers Comp — Statutory 4. CONTRACT TERM 4.1 The contract period shall be for two (2) years based upon successful performance by the Contractor. The initial contract term shall commence upon date of award by the City or at a date mutually agreeable with the successful contractor, whichever is later and shall expire two (2) years from that date. Upon completion of the first two (2) year period, the City reserves the right to renew the Contract for three (3) additional one (1) year periods providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. 4.2 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing & Contracts Manager. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. The ongoing performance evaluation process will continue during any renewal periods for the life of the Agreement. 5. CONTRACT SUM Pricing shall conform to the pricing schedule submitted by Contractor, included herein as Attachment A. 6. PAYMENTS Payment will be made monthly for work that has been completed, inspected and properly invoiced. Invoices must bear the bid number, project name, project number, and purchase order number. The City has up to thirty (30) business days to review, approve and pay all invoices after receipt. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 7. REMEDIES 7.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 7.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to the City, and / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The City shall be the sole judge of non-conformance and the quality of workmanship. 8. WARRANTY Contractor warrants the service provided are in accordance with the specifications of Bid No. 23-23B. In the event that services do not meet the specifications, Contractor shall perform such steps as required to remedy the defects within a reasonable time after work has been performed. 9. INDEMNIFICATION 9.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 9.2 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. The Contractor shall pay all claims, losses, liens, settlements orjudgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. 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 under the indemnification agreement. 9.3 The City and Consultant recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Consultant and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Consultant. Furthermore, the City and Consultant understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Consultant's responsibility to indemnify. 23-23B Annual .Requirements for Roof Tarps City of Tamarac TAMARAC The City For Your Life Purchasing and Contracts Division 9.4 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 10.1 During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, genetic information or disability if qualified. 10.2 The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, 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. 10.3 The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11.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 and not the City's employee for any 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 Worker's 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, 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 had 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. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your life Purchasing and Contracts Division 12.ASSIGNMENT AND SUBCONTRACTING Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13. NOTICE Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Ottinot Law, P.A. 5944 Coral Ridge Drive, PM #201 Coral Springs, FL 33076 Attn: Hans Ottinot CONTRACTOR Name: Address: FIN/EIN: Contract Licensee: Contact: Email: Phone: Fax: 14.TERMINATION 14.1 Termination for Convenience: This Agreement may be terminated by City for convenience, upon seven (7) days of written notice by terminating party to the other party 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. 14.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 15.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 Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16.VENUE This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17. SIGNATORY AUTHORITY The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18. SEVERABILITY; WAIVER OF PROVISIONS Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect enforceability of that provision or of the remainder of this Agreement. 19.UNCONTROLLABLE CIRCUMSTANCES 19.1 Neither the 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, war, riot, civil disturbance, sabotage, and governmental actions, such as delays in permitting due to outside agencies, which are beyond the Contractor's control. 19.2 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. 20. MERGER; AMENDMENT This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 23-23B Annual Requirements for Roof Tarps 37 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 21. NO CONSTRUCTION AGAINST DRAFTING PARTY Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 22. CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the 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 the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 23.SCRUTINIZED COMPANIES - 287.135 AND 215.473 23.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 23.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If 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 Section 287.135, Florida Statutes, as amended from time to time. 24.PUBLIC RECORDS 24.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, CONTRACTOR shall: 24.1.1 Keep and maintain public records required by the CITY in order to perform the service. 24.1.2 Upon request from the CITY, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at no cost to the CITY. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 24.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement and any renewals thereof if CONTRACTOR does not transfer the records to the CITY. 24.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all public records in possession of CONTRACTOR, or keep and maintain public records required by the CITY to perform the service. If CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records in a format that is compatible with the information technology systems of the CITY. 24.2 During the term of this Agreement and any renewals, CONTRACTOR shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. 25. E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 26. GRANT FUNDING REQUIREMENTS: 26.1 Items purchased from this Agreement may be funded by federal grants. Purchases made herein are made in accordance with the requirements of Federal Regulations contained in Title 2 Code of Federal Regulations (CFR) Part 200, "Procurement Standards" as well as regulations promulgated by Federal Agencies including the Office of Management and Budget (OMB) or other federal agencies providing such grants in conjunction with the City's needs. 26.2 The City has included the text of the Federal Grant Requirements "Procurement Standards" and incorporated 2 C.F.R. Part 200 §§ 200.317 through 200.327, along with Appendix II as ATTACHMENT A— "REQUIREMENTS FOR PROJECTS FUNDED BY FEDERAL GRANTS" to this solicitation. Bidder shall agree to the applicable requirements of Appendix II for grants. Federal requirements will not apply to projects which are not funded by Federal agencies either directly of through another agency when the City is a subrecipient of federal grant funding. 27. CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK(cD-TAMARAC.ORG Remainder of Page Intentionally Blank 23-23B Annual Requirements for Roof Tarps 40 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President / Owner duly authorized to execute same. ATTEST: Kimberly Dillon, CIVIC City Clerk Date ATTEST: Signature of Corporate Secretary Name of Corporate Secretary (CORPORATE SEAL) CITY OF TAMARAC Michelle J. Gomez, Mayor Date Levent Sucuoglu, City Manager Date Approved as to form and legal sufficiency: Hans Ottinot, City Attorney Date Company Name Company Name Signature of President / Owner Name of President / Owner Date 23-23B Annual Requirements for Roof Tarps 41 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared President of a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of , 20 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally, known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 23-23B Annual Requirements for Roof Tarps 42 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Attachment A — REQUIREMENTS FOR PROJECTS FUNDED BY FEDERAL GRANTS THIS EXHIBIT APPLIES ONLY TO PROJECTS UTILIZING FEDERAL FUNDING AND DOES NOT APPLY TO PROJECTS THAT DO NOT UTILIZE FEDERAL FUNDING This document shall be incorporated as a contract document attachment for 23-23B Annual Requirements for Roof Tarps which may be partially or fully funded through a federal grant provided to the City of Tamarac ("CITY"). Therefore, when the CITY engages in contracting for such projects. Consultants should familiarize themselves with the regulations and requirements contained below and in Part 2 C.F.R. 200 Sections 317-327 "PROCUREMENT STANDARDS', provided for reference, and must comply with the applicable provisions of 2 C.F.R. Appendix II included herein when CITY projects are funded with Federal Funds. For purposes of this Agreement, any references to a "Non -Federal entity" of a "subrecipient" of a State included herein shall mean the City of Tamarac ("CITY'). Consultant agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State, County and City orders, statutes, ordinances, rules, and regulations which may pertain to the Services required under the Agreement, including but not limited to the following: 1. 200.317 PROCUREMENT BY STATES & NON-FEDERAL ENTITIES When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non -Federal funds. The State will comply with §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by § 200.327. All other non -Federal entities, including subrecipients of a State, must follow the procurement standards in §§ 200.318 through 200.327. 2. 200.318 (a-b)GENERAL PROCUREMENT STANDARDS The CITY has documented procurement procedures and will conform to the procurement standards identified in 200.317 through 200.327. In accordance with the requirements of this grant/s, the CITY shall maintain oversight to ensure that Consultants perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 3. 200.318 (c)(1) FEDERAL NON -CONFLICT a. The CITY maintains written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the CITY may 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division neither solicit nor accept gratuities, favors, or anything of monetary value from Consultants or parties to subcontracts. However, non -Federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the CITY. b. The CITY maintains written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the CITY is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 4. 200.318 (d) AVOIDING ACQUISITION OF UNNECESSARY OR DUPLICATIVE ITEMS The CITY shall consider consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives and any other appropriate analysis to determine the most economical approach. s. 200.318 (e) PROMOTE COST-EFFECTIVE USE OF SHARED SERVICES To foster greater economy and efficiency, and in accordance with efforts to promote cost- effective use of shared services across the Federal Government, the CITY encourages entering into state and local intergovernmental agreements or inter -entity agreements where appropriate for procurement or use of common or shared goods and services. Competition requirements will be met with documented procurement actions using strategic sourcing, shared services, and other similar procurement arrangements. 6. 200.318 (f) SURPLUS PROPERTY The CITY encourages the use of Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. 7. 200.318 (g) VALUE ENGINEERING The CITY encourages the use of value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at an overall lower cost. s. 200.318 (h) RESPONSIBLE CONTRACTOR The CITY shall award contracts only to responsible Consultants possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as Consultant integrity, compliance with public policy, record of past performance, and financial and technical resources. See also & 200.214. s. 200.318 (i) HISTORY/METHODOLOGLY OF PROCUREMENT The CITY shall maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to, the following: Rationale for the method of procurement, selection of contract type, Consultant selection or rejection, and the basis for the contract price. lo. 200.318 0) TIME -AND -MATERIALS CONTRACT The CITY may use a time -and -materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the Consultant exceeds at its 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division own risk. Time -and -materials type contract means a contract whose cost to the CITY is the sum of: a. The actual cost of materials; and b. Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. Since this formula generates an open-ended contract price, a time -and -materials contract provides no positive profit incentive to the Consultant for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the Consultant exceeds at its own risk. Further, if this methodology is utilized the CITY awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the Consultant is using efficient methods and effective cost controls. 11. 200.318 (k) The CITY alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the CITY of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the CITY unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. 12. 200.319 COMPETITION a. All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and 20� 0.320. b. In order to ensure objective Consultant performance and eliminate unfair competitive advantage, Consultants that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: 1. Placing unreasonable requirements on firms in order for them to qualify to do business; 2. Requiring unnecessary experience and excessive bonding; 3. Noncompetitive pricing practices between firms or between affiliated companies; 4. Noncompetitive contracts to consultants that are on retainer contracts; 5. Organizational conflicts of interest; 6. Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance or other relevant requirements of the procurement; and 7. Any arbitrary action in the procurement process. C. The CITY must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. 23-23B Annual Requirements for Roof Tarps 45 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division d. The CITY has written procedures for procurement transactions. These procedures must ensure that all solicitations: 1. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and 2. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. e. The CITY has ensured that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the CITY has not precluded potential bidders from qualifying during the solicitation period. f. Noncompetitive procurements can only be awarded in accordance with § 200.320(c). 13. 200.320 Methods of procurement to be followed The CITY has documented procurement procedures, consistent with the standards of this section and §§ 200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub -award. a. Informal procurement methods. When the value of the procurement for property or services under a Federal award does not exceed the simplified acquisition threshold (SAT), as defined in § 200.1, or a lower threshold established by the CITY, formal procurement methods are not required. The CITY may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost. The informal methods used for procurement of property or services at or below the SAT include: 1. Micro -purchases — i. Distribution. The acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold (See the definition of micro -purchase in § 200.1). To the maximum extent practicable, the CITY should distribute micro -purchases equitably among qualified suppliers. ii. Micro -purchase awards. Micro -purchases may be awarded without soliciting competitive price or rate quotations if the CITY considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. Purchase cards can be used for micro -purchases if procedures are documented and approved by the CITY. iii. Micro -purchase thresholds. The CITY is responsible for determining and documenting an appropriate micro -purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro -purchase threshold used by the CITY must be authorized or not prohibited under State, local, or tribal laws or 23-238 Annual RQquirarrtents ,pr Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division regulations. The CITY may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) in accordance with paragraphs (a)(1)(iv) and (v) of this section. iv. CITY increase to the micro -purchase threshold up to $50,000. The CITY may establish a threshold higher than the micro -purchase threshold identified in the FAR in accordance with the requirements of this section. The CITY may self -certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal awarding agency and auditors in accordance with 2§ 00.334. The self - certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following: A. A qualification as a low -risk auditee, in accordance with the criteria in 20$ 0.520 for the most recent audit; B. An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or, C. For public institutions, a higher threshold consistent with State law. V. The CITY may increase to the micro -purchase threshold over $50,000. Micro -purchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The CITY must submit a request with the requirements included in paragraph (a)(1)(iv) of this section. The increased threshold is valid until there is a change in status in which the justification was approved. 2. Small purchases — i. Small purchase procedures. The acquisition of property or services, the aggregate dollar amount of which is higher than the micro -purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the CITY. ii. Simplified acquisition thresholds. The CITY is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk and its documented procurement procedures which must not exceed the threshold established in the FAR. When applicable, a lower simplified acquisition threshold used by the CITY must be authorized or not prohibited under State, local, or tribal laws or regulations. b. Formal procurement methods. When the value of the procurement for property or services under a Federal financial assistance award exceeds the SAT, or a lower threshold established by the CITY, formal procurement methods are required. Formal procurement methods require following documented procedures. Formal procurement methods also require public advertising unless a non-competitive procurement can be used in accordance with 200.319 or paragraph (c) of this section. The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the CITY determines to be appropriate: 1. Sealed bids. A procurement method in which bids are publicly solicited and a firm fixed -price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division invitation for bids, is the lowest in price. The sealed bids method is the preferred method for procuring construction, if the conditions. i. In order for sealed bidding to be feasible, the following conditions should be present: A. A complete, adequate, and realistic specification or purchase description is available; B. Two or more responsible bidders are willing and able to compete effectively for the business; and C. The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. ii. If sealed bids are used, the following requirements apply: A. Bids must be solicited from an adequate number of qualified sources, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; B. The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; C. All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; D. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and E. Any or all bids may be rejected if there is a sound documented reason. 2. Proposals. A procurement method in which either a fixed price or cost - reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids. They are awarded in accordance with the following requirements: i. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number of qualified offerors. Any response to publicized requests for proposals must be considered to the maximum extent practical; ii. The CITY has a written method for conducting technical evaluations of the responsible proposals received and making selections; iii. Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the CITY, with price and other factors considered; and iv. The CITY may use competitive proposal procedures for qualifications - based procurement of architectural/engineering (A/E) professional services whereby offeror's qualifications are evaluated and the most 23-238 Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms that are a potential source to perform the proposed effort. Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply: 1. The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold (see paragraph (a)(1) of this section); 2. The item is available only from a single source; 3. The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; 4. The Federal awarding agency or pass -through entity expressly authorizes a noncompetitive procurement in response to a written request from the CITY; or 5. After solicitation of a number of sources, competition is determined inadequate. 14. 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. MINORITY / WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION In accordance with the requirements as stated in C.F.R. 200.321, the City encourages the active participation of minority businesses, women's business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. If subcontracts are to be let, through a prime contractor, that Consultant is required to take the affirmative steps listed in items (a.) through (e.) below to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 15. 200.322 Domestic preferences for procurements (NOT APPLICABLE TO THIS AGREEMENT FOR PROFESSIONAL SERVICES) a. As appropriate and to the extent consistent with law, the CITY, to the greatest extent practicable under a Federal award, will provide a preference and encourages the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division subawards, including all contracts and purchase orders for work or products under this award. b. For purposes of this section: 1. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 16. 200.322 Procurement of recovered materials (NOT APPLICABLE TO THIS AGREEMENT FOR PROFESSIONAL SERVICES) The CITY encourages and the Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including, but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 17. 200.324 Contract cost and price a. The CITY has performed a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the CITY has made independent estimates before receiving bids or proposals. b. The CITY shall negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. c. Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the CITY under subpart E of this part. The CITY may reference its own cost principles that comply with the Federal cost principles. d. The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. 18. 200.325 Federal awarding agency or pass -through entity review a (7 The CITY will make available, upon request of the Federal awarding agency or pass - through entity, technical specifications on proposed procurements where the Federal awarding agency or pass -through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the CITY desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass -through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. The CITY shall make available upon request, for the Federal awarding agency or pass - through entity pre -procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: 23-236 Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 1. The CITY's procurement procedures or operation fails to comply with the procurement standards in this part; 2. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; 3. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product; 4. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or 5. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. c. The CITY would be exempt from the pre -procurement review in paragraph (b) of this section if the Federal awarding agency or pass -through entity determines that its procurement systems comply with the standards of this part. 1. The CITY may request that its procurement system be reviewed by the Federal awarding agency or pass -through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high -dollar funding, and third -party contracts are awarded on a regular basis; 2. The CITY may self -certify its procurement system. Such self -certification must not limit the Federal awarding agency's right to survey the system. Under a self - certification procedure, the Federal awarding agency may rely on written assurances from the CITY that it is complying with these standards. The CITY must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. 19. 200.326 Bonding Requirements For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass -through entity may accept the bonding policy and requirements of the CITY provided that the Federal awarding agency or pass -through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: a. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part of the Consultant for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. C. A payment bond on the part of the Consultant for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. 20. 200.327 Contract provisions The CITY's contracts shall contain the applicable provisions described in appendix II to this part. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Appendix II of 2 CFR 200 Consultant agrees to all Provisions shown below under Appendix II of 2 CFR 200 as sections which are hereby incorporated in this Agreement for projects utilizing Federal Grant Funding: FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES The CITY and CONSULTANT acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract. CONSULTANT agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the sub -Consultant who will be subject to its provisions. ACCESS BY THE GRANTEE, SUBGRANTEE, FEDERAL GRANTOR AGENCY AND COMPTROLLER GENERAL The Consultant shall allow access by the grantee, sub grantee, Federal grantor agency and Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts and transcriptions. 3. EQUAL EMPLOYMENT OPPORTUNITY The Consultant shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their Consultants or subgrantees). All Consultants and sub -Consultants performing work in connection with this Contract shall provide equal opportunity for employment because of race, religion, color, age, sex, national origin, sexual preference, disability or marital status. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in a conspicuous place available for employees and applicants for employment, such notices as may be required by any authority having jurisdiction over the Work setting forth the provisions of the nondiscrimination law. 4. DAVIS-BACON & RELATED ACTS — This requirement shall not apply to work performed by Consultant under this Agreement, however, Consultant may be required to include requirements for adherence to these statutes when developing Scope of Work / Specification documents for a federally funded project requiring construction, alteration or repair of public buildings or public works. If construction, alteration or repair of public buildings or public works project is funded or assisted under one or more Federal statutes, the Davis -Bacon prevailing wage provisions may apply to the project if any of the applicable statutes requires payment of Davis -Bacon wage rates. a. Consultant shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276a- 7) as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute, Consultant must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division in a wage determination made by the Secretary of Labor. In addition, Consultant must be required to pay wages not less than once a week. b. The Davis -Bacon Act requires that each contract over $2,000 to which the United States or the District of Columbia is a party for the construction, alteration, or repair of public buildings or public works shall contain a clause setting forth the minimum wages to be paid to various classes of laborers and mechanics employed under the contract. Under the provisions of the Act, Consultants or their sub -Consultants are to pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. c. In addition to the Davis -Bacon Act itself, Congress has added prevailing wage provisions to approximately 60 statutes which assist construction projects through grants, loans, loan guarantees, and insurance. These "related Acts" involve construction in such areas as transportation, housing, air and water pollution reduction, and health. Davis -Bacon wage determinations are to be used in accordance with the provisions of Regulations, 29 CFR Part 1, Part 3, and Part 5. s. COPELAND ANTI -KICKBACK ACT. a. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. Consultant must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. City must report all suspected or reported violations to the Federal awarding agency. b. Subcontracts. The Consultant or sub -Consultant shall insert in any subcontracts the clause above and such other clauses as the FEMA or other administering Federal agency may by appropriate instructions require, and also a clause requiring the sub -Consultants to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the compliance by any sub -Consultant or lower tier sub -Consultant with all of these contract clauses. C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant and sub -Consultant as provided in 29 C.F.R. § 5.12. 6. CONTRACT WORK HOURS AND SAFETY STANDARDS. The Consultant shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702-3704) as supplemented by Department of Labor regulations (29 CFR Part 5). "Compliance with the Contract Work Hours and Safety Standards Act." a. (1) Overtime requirements. No Consultant or sub -Consultant contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 23-23B Annual Requirements for Roof Tarps 5 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division b. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the Consultant and any sub - Consultant responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and sub -Consultant shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. C. (3) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or sub -Consultant under any such contract or any other federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or sub -Consultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. d. (4) Subcontracts. The Consultant or sub -Consultant shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the sub -Consultants to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any sub -Consultant or lower tier sub -Consultant with the clauses set forth in paragraphs (b)(1) through (4) of this section." FEDERAL CLEAN AIR AND WATER ACTS Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to the applicable federal administrating agency and the Regional Office of the Environmental Protection Agency (EPA). DHS SEAL, LOGO, AND FLAGS. Consultant shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre -approval. SUSPENSION AND DEBARMENT. a. Non-federal entities are subject to the non -procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. b. If the resulting contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Consultant is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). C. The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. d. This certification is a material representation of fact relied upon by the City. If it is later determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. e. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES If Consultant fail to perform to the satisfaction of the City any material requirement of the contract or is in violation of a material provision of the contract, the City shall provide written notice to the Consultant requesting that the breach or noncompliance be remedied within a set time frame outlined in the contract. In the event that a dispute, if any, arises between City and Consultant relating to this Agreement, performance or compensation hereunder, Consultant shall continue to render service in full compliance with all terms and conditions of the resulting agreement as interpreted by City regardless of such dispute. Unless otherwise provided for in the resulting agreement, all claims, counter -claims, disputes and other matters in question between the City and the Contractor, arising out of or relating to the resulting agreement, or the breach of it, will be first forwarded to the City Manager, the parties agree to reasonably negotiate the for resolution of the matter, upon failure of said negotiations to resolve the dispute, the parties may present the matter to a court of competent jurisdiction. 11. RIGHTS TO INVENTIONS Consultant agrees that if this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or inventions for Federal Government purposes. 12. NO OBLIGATION BY THE FEDERAL GOVERNMENT The federal government is not a party to this contract and is not subject to any obligations or liabilities to the CITY, contractor, or any other party pertaining to any matter resulting from the contract. 13. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that federal financial assistance will be used to fund the Agreement only. Consultant will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 14. FRAUDULENT STATEMENTS Consultant acknowledges that 31 U.S.C. Chap. 38 applies to Contractor's actions pertaining to this Agreement. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 15. ANTI -LOBBYING. Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. This provision is applicable to all Federal -aid construction contracts and to all related sub -contracts which exceed $100,000 (49 CFR 20). The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 16. RECYCLED PRODUCTS / RECOVERED MATERIALS The Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including, but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 17. COMPLIANCE WITH STATE ENERGY POLICY AND CONSERVATION ACT Consultant shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 18. MINORITY / WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION In accordance with the requirements as stated in C.F.R. 200.321, the City encourages the active participation of minority businesses, women's business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. If subcontracts are to be let, through a prime contractor, that Consultant is required to take the affirmative steps listed in items (a.) through (e.) below to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. f. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; g. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; h. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; i. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; j. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 19. REPORTING & RETENTION OF RECORDS Pursuant to 44 CFR 13.36(i)(7), Consultant shall comply with federal requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the U.S. Department of Housing and Urban Development, the applicable federal Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of Consultant which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to provide applicable federal Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. Notwithstanding any other requirement set forth in this solicitation or the resulting agreement, all required records shall be retained for at minimum three (3) years after final payments and all other pending matters are closed. 20. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES Prohibitions: Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. Unless an exception applies, the Consultant and its sub - Consultants may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. a. Exceptions: This Section does not prohibit Consultant from providing: (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. b. Reporting requirement: In the event Consultant identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Consultant is notified of such by a sub -Consultant at any tier or by any other source, the Consultant shall report the information required of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. The Consultant shall report the following information: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten (10) business days of submitting the information required of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Consultant shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The Consultant shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. C. Domestic Preference for Procurements: As appropriate, and to the extent consistent with law, the Consultant should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 21. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS If applicable, the Consultant grants to City, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, Consultant will identify such data and grant to the City or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, Consultant will deliver to the Consultant data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by Contractor. 22. PERSONALLY, IDENTIFIABLE INFORMATION In accordance with 2 C.F.R. §200.303, regarding internal controls of a non -Federal entity, Consultant must guarantee the protection of all Personally Identifiable Information (PII) obtained. The program will enact necessary measures to ensure PII of all applicants is safeguarded as to avoid release of private information. If a Consultant or employee should experience any loss or potential loss of PII, the City shall be notified immediately of the breach or potential breach. 23. RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Consultant pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 24. AFFIRMATIVE SOCIOECONOMIC STEPS If subcontracts are to be let, Consultant is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 25. INSPECTION AND ACCEPTANCE The City has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within thirty (30) days so as to not impede the work of the Contractor. Any product of work shall be deemed accepted as submitted if the City does not issue written comments and/or required corrections within thirty (30) days from the date of receipt of such product from the Contractor. The Consultant shall make any required corrections promptly at no additional charge and return a revised copy of the product to the City within seven (7) days of notification or a later date if extended by the City. Failure by the Consultant to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor's submission of corrected work remains unacceptable, the City may terminate the resulting contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. 26. DOCUMENTATION OF COSTS All costs shall be supported by properly executed payrolls, time records, invoices, or vouchers, 23-236 Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents, pertaining in whole or in part to the Agreement, shall be clearly identified and regularly accessible. 27. INCREASING SEAT BELT USE IN THE UNITED STATES. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultantis encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company -owned, rented or personally owned vehicles. 28. REDUCING TEXT MESSAGING WHILE DRIVING Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant is encouraged to adopt and enforce policies that ban text messaging while driving, and establish workplace safety policies to decrease accidents caused by distracted drivers. 29. DISCRIMINATION PROHIBITED. Statutes and regulations prohibiting discrimination which may be applicable to the resulting agreement include, without limitation, the following: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; b. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and e. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 30. DRUG FREE WORKPLACE This certification is required by the regulations implementing Sections 5151-5160 of the Drug - Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 USC 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017-600, Purpose. The January 31, 1989, regulations were amended and published as Part II of the May 25, 1990 Federal Register (pages 21681-21691). 31. PROHIBITION OF GRATUITIES By submission for this solicitation, the Consultant certifies that no employee has or shall benefit financially or materially from such submission or subsequent contract. Any contract issued as a result of this solicitation may be terminated at such time as it is determined that gratuities of any kind were either offered or received by any of the aforementioned persons. 23-238 Annual Requirernerits for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Agreed to and incorporated into 23-23B Annual Requirements for Roof Tarps Company Name Signature of Authorized Representative Type/Print Name of Authorized Representative Date 23-23B Annual Requirements for Roof Tarps 61 23-23B TR 13963 -- Exhibit 2 Roof Tarps Closing Date: Wednesday, May 31, 2023 Submission Summa Vendor City/Province Submission Name Unofficial Value or Notes All In Safety Corp New Windsor, New York Submission 1 $138,723.00 M&K IMPORTS LLC MILLBROOK, NY Submission 1 $276,385.81 H84 Exports, LLC Sunrise , FL Submission 1 $379,814.99 Witness (Print Name) Signature Date Witness (Print Name) Signature Date Witness (Print Name) Signature Date TR 13963 -- Exhibit 3 23-23B - Roof Tarps Opening Date: May 5, 2023 9:00 AM Closing Date: May 31, 2023 3:00 PM Vendor Details Company Name: All In Safety Corp 509 Temple Hill Rd Address: New Windsor, New York 12553 Contact: Moshe Follman Email: moshe@allinsafety.com Phone: 718-812-0968 Fax: 718-689-1442 HST#: 461207064 Submission Details Created On: Wednesday May 10, 2023 13:22:31 Submitted On: Monday May 15, 2023 14:28:43 Submitted By: Moshe Follman Email: moshe@allinsafety.com Transaction #: 3c34fd40-7f6d-424e-9479-d 1 f317c92957 Submitter's IP Address: 96.246.158.51 Bid Number: 23-23B Vendor Name: All In Safety Corp Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. " Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner. If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank. Do not enter a $0.00 dollar value. All prices must be expressed in U.S. Dollar currency. 23-23B BID SCHEDULE 1: TARP, ECONOMY, 15' X 20' The Bidder hereby declares that he or she has carefully examined the requirements and specifications contained herein, and does hereby agree to furnish all materials, tools, equipment and incidentals and to sustain all the expenses incurred in performing the work in strict accordance with the requirements & specifications, which are made a part thereof at the following prices offered. In the event of latent multiplication errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. To be eligible for award of this project, the Bidder must possess at time of bid opening, the competency that the firm can meet, exceed, or legally perform the scope of work described, will be acceptable. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. The City of Tamarac is hereby requesting Bids, from qualified vendors, to furnish and deliver roof tarps on an "as -needed" basis as specified herein. Item Description Quantity Unit Unit Price " Total 1 TARP, ECONOMY, 15' X 20' (Provide 2070 Each $9.0000 $ 18,630.00 Pricing for Tarp quantities between 1 and 9 tarps) 2 TARP, ECONOMY, 15' X 20' (Provide 1 Each $9.0000 $ 9.00 Pricing for Tarp quantities between 10 and 99 tarps) 3 TARP, ECONOMY, 15' X 20' (Provide 1 Each $9.0000 $ 9.00 Pricing for Tarp quantities between 100 and 499 tarps) 4 TARP, ECONOMY, 15' X 20' (Provide 1 Each $9.0000 $ 9.00 Pricing for Tarp quantities between 500 and 999 tarps) 5 TARP, ECONOMY, 15' X 20' (Pricing for 1 Each $9.0000 $ 9.00 Quantities > 1000) Subtotal: $ 18,666.00 Bid Number: 23-23B Vendor Name: All In Safety Corp 23-23B BID SCHEDULE 2: TARP, ECONOMY, 20' X 30' The Bidder hereby declares that he or she has carefully examined the requirements and specifications contained herein, and does hereby agree to furnish all materials, tools, equipment and incidentals and to sustain all the expenses incurred in performing the work in strict accordance with the requirements & specifications, which are made a part thereof at the following prices offered. In the event of latent multiplication errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. To be eligible for award of this project, the Bidder must possess at time of bid opening, the competency that the firm can meet, exceed, or legally perform the scope of work described, will be acceptable. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. The City of Tamarac is hereby requesting Bids, from qualified vendors, to furnish and deliver roof tarps on an "as -needed" basis as specified herein. m Li Ite1 Description Quantity Unit Unit Price' Total TARP, ECONOMY, 20' X 30' (Provide 3100 Each $19.0000 $ 58,900.00 Pricing for Tarp quantities between 1 and 9 tarps) 2 TARP, ECONOMY, 20' X 30' (Provide 1 Each $18.0000 $ 18.00 Pricing for Tarp quantities between 10 and 99 tarps) 3 TARP, ECONOMY, 20' X 30' (Provide 1 Each $18.0000 $ 18.00 Pricing for Tarp quantities between 100 and 499 tarps) 4 TARP, ECONOMY, 20' X 30' (Provide 1 Each $18.0000 $ 18.00 Pricing for Tarp quantities between 500 and 999 tarps) 5 TARP, ECONOMY, 20' X 30' (Pricing for 1 Each $18.0000 $ 18.00 Quantities > 1000) Subtotal: $ 58,972.00 Bid Number: 23-23B Vendor Name: All In Safety Corp 23-23B BID SCHEDULE 3: TARP, ECONOMY, 25' X 40' The Bidder hereby declares that he or she has carefully examined the requirements and specifications contained herein, and does hereby agree to furnish all materials, tools, equipment and incidentals and to sustain all the expenses incurred in performing the work in strict accordance with the requirements & specifications, which are made a part thereof at the following prices offered. In the event of latent multiplication errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. To be eligible for award of this project, the Bidder must possess at time of bid opening, the competency that the firm can meet, exceed, or legally perform the scope of work described, will be acceptable. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. The City of Tamarac is hereby requesting Bids, from qualified vendors, to furnish and deliver roof tarps on an "as -needed" basis as specified herein. Line Item Description Quantity Unit Unit Price * Total 1 TARP, ECONOMY, 25' X 40' (Provide 1130 Each $31.0000 $ 35,030.00 Pricing for Tarp quantities between 1 and 9 tarps) 2 TARP, ECONOMY, 25' X 40' (Provide 1 Each $30.0000 $ 30.00 Pricing for Tarp quantities between 10 and 99 tarps) 3 TARP, ECONOMY, 25' X 40' (Provide 1 Each $30.0000 $ 30.00 Pricing for Tarp quantities between 100 and 499 tarps) 4 TARP, ECONOMY, 25' X 40' (Provide 1 Each $30.0000 $ 30.00 Pricing for Tarp quantities between 500 and 999 tarps) 5 TARP, ECONOMY, 25' X 40' (Pricing for 1 Each $30.0000 $ 30.00 Quantities > 1000) Subtotal: $ 35,150.00 Bid Number: 23-23B Vendor Name: All In Safety Corp 23-23B BID SCHEDULE 4: TARP, ECONOMY, 30' X 40' The Bidder hereby declares that he or she has carefully examined the requirements and specifications contained herein, and does hereby agree to furnish all materials, tools, equipment and incidentals and to sustain all the expenses incurred in performing the work in strict accordance with the requirements & specifications, which are made a part thereof at the following prices offered. In the event of latent multiplication errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. To be eligible for award of this project, the Bidder must possess at time of bid opening, the competency that the firm can meet, exceed, or legally perform the scope of work described, will be acceptable. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. The City of Tamarac is hereby requesting Bids, from qualified vendors, to furnish and deliver roof tarps on an "as -needed" basis as specified herein. Line Item Description Quantity Unit Unit Price * Total 1 TARP, ECONOMY, 30' X 40' (Provide 75 Each $36.0000 $ 2,700.00 Pricing for Tarp quantities between 1 and 9 tarps) 2 TARP, ECONOMY, 30' X 40' (Provide 1 Each $35.0000 $ 35.00 Pricing for Tarp quantities between 10 and 99 tarps) 3 TARP, ECONOMY, 30' X 40' (Provide 1 Each $35.0000 $ 35.00 Pricing for Tarp quantities between 100 and 499 tarps) 4 TARP, ECONOMY, 30' X 40' (Provide 1 Each $35.0000 $ 35.00 Pricing for Tarp quantities between 500 and 999 tarps) 5 TARP, ECONOMY, 30' X 40' (Pricing for 1 Each $35.0000 $ 35.00 Quantities > 1000) Subtotal: $ 2,840.00 Bid Number: 23-23B Vendor Name: All In Safety Corp 23-23B BID SCHEDULE 5: TARP, ECONOMY, 30' X 50' The Bidder hereby declares that he or she has carefully examined the requirements and specifications contained herein, and does hereby agree to furnish all materials, tools, equipment and incidentals and to sustain all the expenses incurred in performing the work in strict accordance with the requirements & specifications, which are made a part thereof at the following prices offered. In the event of latent multiplication errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. To be eligible for award of this project, the Bidder must possess at time of bid opening, the competency that the firm can meet, exceed, or legally perform the scope of work described, will be acceptable. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. The City of Tamarac is hereby requesting Bids, from qualified vendors, to furnish and deliver roof tarps on an "as -needed" basis as specified herein. Line Item Description Quantity Unit Unit Price Total 1 TARP, ECONOMY, 30' X 50' (Provide 100 Each $44.0000 $ 4,400.00 Pricing for Tarp quantities between 1 and 9 tarps) 2 TARP, ECONOMY, 30' X 50' (Provide 1 Each $43.0000 $ 43.00 Pricing for Tarp quantities between 10 and 99 tarps) 3 TARP, ECONOMY, 30' X 50' (Provide 1 Each $43.0000 $ 43.00 Pricing for Tarp quantities between 100 and 499 tarps) 4 TARP, ECONOMY, 30' X 50' (Provide 1 Each $43.0000 $ 43.00 Pricing for Tarp quantities between 500 and 999 tarps) 5 TARP, ECONOMY, 30' X 50' (Pricing for 1 Each $43.0000 $ 43.00 Quantities > 1000) Subtotal: $ 4,572.00 Bid Number: 23-23B Vendor Name: All In Safety Corp 23-23B BID SCHEDULE 6: TARP, HEAVY, 30' X 40' The Bidder hereby declares that he or she has carefully examined the requirements and specifications contained herein, and does hereby agree to furnish all materials, tools, equipment and incidentals and to sustain all the expenses incurred in performing the work in strict accordance with the requirements & specifications, which are made a part thereof at the following prices offered. In the event of latent multiplication errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. To be eligible for award of this project, the Bidder must possess at time of bid opening, the competency that the firm can meet, exceed, or legally perform the scope of work described, will be acceptable. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. The City of Tamarac is hereby requesting Bids, from qualified vendors, to furnish and deliver roof tarps on an "as -needed" basis as specified herein. tm Description Quantity Unit Unit Price * Total 1 TARP, HEAVY, 30' X 40' (Provide Pricing 120 Each $65.0000 $ 7,800.00 for Tarp quantities between 1 and 9 tarps) 2 TARP, HEAVY, 30' X 40' (Provide Pricing 1 Each $64.0000 $ 64.00 for Tarp quantities between 10 and 99 tarps) 3 TARP, HEAVY, 30' X 40' (Provide Pricing 1 Each $64.0000 $ 64.00 for Tarp quantities between 100 and 499 tarps) 4 TARP, HEAVY, 30' X 40' (Provide Pricing 1 Each $64.0000 $ 64.00 for Tarp quantities between 500 and 999 tarps) 5 TARP, HEAVY, 30' X 40' (Pricing for 1 Each $64.0000 $ 64.00 Quantities > 1000) Subtotal: $ 8,056.00 Bid Number: 23-23B Vendor Name: All In Safety Corp 23-23B BID SCHEDULE 7: TARP, HEAVY, 30' X 50' The Bidder hereby declares that he or she has carefully examined the requirements and specifications contained herein, and does hereby agree to furnish all materials, tools, equipment and incidentals and to sustain all the expenses incurred in performing the work in strict accordance with the requirements & specifications, which are made a part thereof at the following prices offered. In the event of latent multiplication errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. To be eligible for award of this project, the Bidder must possess at time of bid opening, the competency that the firm can meet, exceed, or legally perform the scope of work described, will be acceptable. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. The City of Tamarac is hereby requesting Bids, from qualified vendors, to furnish and deliver roof tarps on an "as -needed" basis as specified herein. tm Description Quantity Unit Unit Price * Total 1 TARP, HEAVY, 30' X 50' (Provide Pricing 120 Each $84.0000 $ 10,080.00 for Tarp quantities between 1 and 9 tarps) 2 TARP, HEAVY, 30' X 50' (Provide Pricing 1 Each $83.0000 $ 83.00 for Tarp quantities between 10 and 99 tarps) 3 TARP, HEAVY, 30' X 50' (Provide Pricing 1 Each $83.0000 $ 83.00 for Tarp quantities between 100 and 499 tarps) 4 TARP, HEAVY, 30' X 50' (Provide Pricing 1 Each $83.0000 $ 83.00 for Tarp quantities between 500 and 999 tarps) 5 TARP, HEAVY, 30' X 50' (Pricing for 1 Each $83.0000 $ 83.00 Quantities > 1000) Subtotal: $ 10,412.00 Bid Number: 23-23B Vendor Name: All In Safety Corp 23-23B BID SCHEDULE 8: ADDITIONAL OPTIONAL ITEMS The Bidder hereby declares that he or she has carefully examined the requirements and specifications contained herein, and does hereby agree to furnish all materials, tools, equipment and incidentals and to sustain all the expenses incurred in performing the work in strict accordance with the requirements & specifications, which are made a part thereof at the following prices offered. In the event of latent multiplication errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. To be eligible for award of this project, the Bidder must possess at time of bid opening, the competency that the firm can meet, exceed, or legally perform the scope of work described, will be acceptable. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. The City of Tamarac is hereby requesting Bids, from qualified vendors, to furnish and deliver roof tarps on an "as -needed" basis as specified herein. r We will not be submitting for 23-23B BID SCHEDULE 8: ADDITIONAL OPTIONAL ITEMS Line Item Description Quantity Unit Unit Price" Total 1 Industrial Bungee Cord. 24" long, dual hook ends 1 Each $10.0000 $ 10.00 2 Industrial Bungee Cord. 36" long, dual hook ends 1 Each $16.0000 $ 16.00 3 Fastener, 10d common galvanized nails 1 Each $25.0000 $ 25.00 4 Tarp Tape, 2" wide, waterproof 1 Each $4.0000 $ 4.00 Subtotal: $ 55.00 Summary Table Bid Form Amount 23-23B BID SCHEDULE 1: TARP, ECONOMY, 15' X 20' $ 18,666.00 23-23B BID SCHEDULE 2: TARP, ECONOMY, 20' X 30' $ 58,972.00 23-23B BID SCHEDULE 3: TARP, ECONOMY, 25' X 40' $ 35,150.00 23-23B BID SCHEDULE 4: TARP, ECONOMY, 30' X 40' $ 2,840.00 23-23B BID SCHEDULE 5: TARP, ECONOMY, 30' X 50' $ 4,572.00 23-23B BID SCHEDULE 6: TARP, HEAVY, 30' X 40' $ 8,056.00 23-23B BID SCHEDULE 7: TARP, HEAVY, 30' X 50' $ 10,412.00 23-23B BID SCHEDULE 8: ADDITIONAL OPTIONAL ITEMS $ 55.00 Subtotal Contract Amount: $ 138,723.00 Bid Number: 23-23B Vendor Name: All In Safety Corp CONVICTION HISTORY EMPLOYMENT POLICY INQUIRY Conviction history employment policies. The policy of the City of Tamarac is that it will not include any question on any application for employment, inquire either orally or in writing, receive information about an applicant's criminal history background check, or otherwise obtain information about an applicant's criminal history until after the City initially determines that the applicant is otherwise qualified for a position. Once the City has initially determined that an applicant is otherwise qualified, the City may inquire into or obtain information about a criminal record. The City encourages vendors that do business with the City to adopt and employ conviction history policies, practices, and standards that are consistent with the policies found in the first paragraph of this section herein. Vendors are requested to provide information relating to their policies regarding criminal information history and will be asked to provide information as a part of vendor's electronic response. Vendors with criminal history information procedures may be requested to validate their procedures by providing copies of their written policy and/or copies of their employment applications as part of their electronic submittal response. r We will not be submitting for CONVICTION HISTORY EMPLOYMENT POLICY INQUIRY Description Response* Does your Firm have policies in place to exclude requesting criminal history information from r Yes employment candidates until after the candidates have been deemed qualified? (If yes, please G No upload supporting document) LOCAL, VETERAN AND CBE INFORMATION r We will not be submitting for LOCAL, VETERAN AND CBE INFORMATION Description Response* Is the primary address of your firm located with the City limits of Tamarac? No Which of following best describes the primary owner's veteran status? Non -Veteran Is your firm a Certified Business Enterprise (CBE) Certified by Broward County? (NOTE Proof of Certification must be included in Document Upload Section) * No Bid Number: 23-23B Vendor Name: All In Safety Corp CERTIFICATION We (1), the undersigned, hereby agree to furnish the item (s)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. Description Response* Options Company Name All In Safety Corp Address 509 Temple Hill Rd Telephone 7188120968 City New Windsor State New York Zip 12553 Contractor's License Number n/a Not Applicable Federal Tax ID Number 461207064 Email address for above signer moshe@allinsafety.com Indicate which type of organization from the list in the Options column. S Corp CORPORATION SCRUTINIZED COMPANIES AND BOYCOTT OF ISRAEL By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. CONTRACTOR further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONTRACTOR of the CITY's determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If 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 Section 287.135, Florida Statutes, as amended from time to time. Description Response I Hereby Acknowledge the Scrutinized Companies -- 287.135 and 215.473 Information Above and Will Abide by Everything Outlined in this Section c: Yes r No Bid Number: 23-23B Vendor Name: All In Safety Corp E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Description Response* I Hereby Acknowledge the E-VERIFY Information Above and Will Abide by Everything Outlined in r Yes this Section r• No BIDDER'S QUALIFICATION STATEMENT Item Description Response* 1 How many years has your organization been in business under 13 its present name? 2 If Vendor is operating under Fictitious Name, submit evidence of n/a compliance with Florida Fictitious Name Statute: 3 Under what former name(s) has your business operated? Also n/a List former address(es) of that business (if any). 4 Have you ever been debarred or suspended from doing No business with any governmental entity? If Yes, Explain 5 Has your company ever declared bankruptcy? No If Yes, explain: 6 Have you ever received a contract or purchase order from the Yes City of Tamarac? Bid Number: 23-23B Vendor Name: All In Safety Corp FIRM'S PRIMARY OWNERSHIP Line If Other Please Enter Item Description Response* Information Here: (If NONE Enter the word "NONE") 1 Does your firm employ more than 50 No NONE persons (including full-time and part-time employees) 2 Is your firm a construction firm? No NONE 3 If you are a construction firm, is the No NONE average annual gross revenue for your firm for the past three (3) years greater than $9 million? 4 Which of the following best describes the Female NONE gender of your firm's primary owner (at least 51 % ownership): 5 Which of the following best describes the Caucasian/White NONE ethnicity of your firm's primary owner (at least 51 % ownership): 6 Please select the current certification your None NONE firm holds: (NOTE Proof of Certification must be included in Document Upload Section) 7 Indicate the agency or agencies that Other NONE have granted the certification to your firm: BIDDER'S OWNERSHIP SURVEY Line If Other Please Enter Information Item Description Response* Here: (If NONE Enter the word "NONE") 1 Does your firm employ more than 50 persons No NONE (including full-time and part-time employees) 2 Is your firm a construction firm? No NONE 3 Which of the following best describes the gender of Female NONE your firm's primary owner (at least 51 % ownership): 4 Which of the following best describes the ethnicity of Caucasian/White NONE your firm's primary owner (at least 51 % ownership): 5 Which of following best describes the primary Non -Veteran NONE owner's veteran status (at least 51% ownership): 6 Indicate the agency or agencies that have granted Other NONE the certification to your firm: Bid Number: 23-23B Vendor Name: All In Safety Corp VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each conviction. 4. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Description Response * I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything Outlined in this Section r Yes r No PAYMENT TERMS AND METHOD Line Item Description Response* Comments 1 TERMS: % (percent discount, if NET 30 Days any, if payment made within DAYS; otherwise, terms are NET 30 days. 2 The City of Tamarac desires to have the Yes ability to use a city credit card for payment. Will your firm accept a Visa credit card as payment from the City of Tamarac? Bid Number: 23-23B Vendor Name: All In Safety Corp REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Line Item Company Name Legal Address Contact Name Phone Number Email Address 1 Empire Medical Empire Medical Hershey 3477317868 hersheyeds@gmail.co m 2 Garden State Highway Garden State Highway Jimmie 8566927572 Jimmie@gshpinc.com 3 Glenco Supply Glenco Supply Glen Abrams 9142629960 glen@glencosupply.co m 4 Pasco County Pasco County Kim Miller 3525214556 accts.payable@pasco clerk.com 5 TDCJ TDCJ Misti Dibble 9364376044 tdcj.ap- invsys@tdcj.texas.gov Documents It is your responsibility to make sure the uploaded file(s) is/are not defective or corrupted and are able to be opened and viewed by the Owner. If the attached file(s) cannot be opened or viewed, your Response Document may be rejected. The following forms must be filled out, scanned, and uploaded to the defined section below. Please note that failure to provide the requested uploads may result in your bid being deemed as non -responsive: • Non -Collusive Affidavit (Document U low) - CCF_000034(2).pdf - Monday May 15, 2023 14:25:43 • Certified Resolution (Document Upload 2)_- CCF_000035(3).pdf - Monday May 15, 2023 14:26:00 • Certificate of Insurance -- Proof of Requirements (Document Upload 3) - Evidence-of-Insuran_AII-In-Safety-C_Acord- 25_2-2-2023_1349846203.pdf - Friday May 12, 2023 10:01:28 • Internal Revenue Service Form W-9 (Document Upload 4) - W-9 2022 509.pdf - Friday May 12, 2023 10:01:15 • Conviction History Validation (Document Upload 5) (optional) • Federal Grant Requirements Compliance (Attachment A) - CCF_000029(1).pdf - Friday May 12, 2023 10:08:28 • Additional Document (optional) Bid Number: 23-23B Vendor Name: All In Safety Corp Addenda, Terms and Conditions GENERAL TERMS AND CONDITIONS 23-23B ANNUAL REQUIREMENTS FOR ROOF TARPS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Responding firms including but not limited to Invitations for Bid, Requests for Quotation and Requests for Proposal. As such the words "quotation", "bid" and "proposal" may be used interchangeably in reference to all offers submitted by prospective Responding firms. Any and all special conditions in this IFB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 1. CONDITIONS OF MATERIALS All materials and products supplied by the Responding firm in conjunction with this bid shall be new, warranted for their merchantability, fit for a purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. If any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Responding firm at no cost to the City. Successful Responding firm shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period that may be specified below shall commence upon final acceptance of the product. COPYRIGHTS OR PATENT RIGHTS The Responding firm warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered because of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. SAFETY STANDARDS The Responding firm warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall follow Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered because of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). 4. PERFORMANCE Failure on the part of the Quoting firm to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award; notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Responding firm, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 5. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 6. TERMINATION a. DEFAULT: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Bid Number: 23-23B Vendor Name: All In Safety Corp Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY: Notwithstanding any additional requirements for performance based contracting contained in the special conditions herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. If the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. C. FUNDING OUT: This agreement shall remain in full force and effect only if the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 7. ASSIGNMENT The Responding firm shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. No such approval will be construed as making the City a part of or to such assignment or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of its liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner who can legally bind the company, stating that they will continue to perform the requirements of the contract in compliance with all the terms, conditions, and specifications so stated in the contract. 8. EMPLOYEES Employees of the Responding firm shall always be under its sole direction and not an employee or agent of the City. The Responding firm shall supply competent and physically capable employees. The City may require the Responding firm to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Responding firm shall be responsible to the City for all acts and omissions of all employees working under its directions. 9. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the successful Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity, genetic information or expression, 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. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 11. OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the Responding firm of supplying such product(s) as specified. 12. INSURANCE REQUIREMENTS Except for contract requirements where goods are drop -shipped to the City, responding firm agrees to, in the Bid Number: 23-23B Vendor Name: All In Safety Corp performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Responding firm shall obtain at Responding firm's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Responding firm shall maintain such insurance in full force and effect during the life of this Agreement. Responding firm shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Responding firm shall indemnify and save the City harmless from any damage resulting to it for failure of either Responding firm or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: • General Liability - $1 M/$2M • Automobile — $1 M/$1 M • Workers Comp — Statutory The City reserves the right to require higher limits depending upon the scope of work under this Agreement that may be outlined below. Neither Responding firm nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Responding firm will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days' notice prior to cancellation. The Responding firm's liability insurance policies shall be endorsed to add the City of Tamarac as "additional insured". The Responding Firm's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Responding firm shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Responding firm purchase a bond to cover the full amount of the deductible or self -insured retention. If the Responding firm is to provide professional services under this Agreement, the Responding firm must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. A sample Insurance certificate validating that the responding firm has the required insurance coverage that will meets the requirements outlined herein must be uploaded with Responding firm's bid. 13. INDEMNIFICATION The Responding firm shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Responding firm or its Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 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 under the indemnification agreement. 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. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 14. INDEPENDENT CONTRACTOR Bid Number: 23-23B Vendor Name: All In Safety Corp An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the successful Contractor is an independent contractor under this Agreement and not the City's employee for any 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 Worker's 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 any potential Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, 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 had 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. Any potential 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. 15. VENUE Any Agreement resulting from this solicitation shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 16. SCRUTINIZED COMPANIES By execution of this bid/proposal, Bidder certifies that Bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Bidder been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If 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 Section 287.135, Florida Statutes, as amended from time to time. 17. RECORDS/AUDITS 17.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 17.1.1 Keep and maintain public records required by the City to perform the service; 17.1.2 Upon request from the City's custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law. 17.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 17.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. Bid Number: 23-23B Vendor Name: All In Safety Corp 17.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 18. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. 19. EQUITABLE ADJUSTMENT PROVISION The City of Tamarac may, in its sole discretion, make an equitable adjustment in the Contract Terms and conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfy all the following criteria: 1) the volatility is due to causes wholly beyond the Contractor's control; 2) the volatility affects the marketplace or industry, not just the particular Contractor's source of supply; 3) the effect on pricing or availability of supply is substantial; and 4) the volatility so affects the Contractor that continued performance of the Contract would result in substantial loss. Any adjustment would require irrefutable evidence and written approval by the Purchasing and Contracts Manager, the City Manager or the Mayor and City Commission depending on the contract threshold and original signature authority established for the individual Agreement. The City may elect to provide a one- time increase, an increase for a predetermined period which may be reflected as a change in the unit price or as a surcharge in addition to the unit price, or an increase for the remainder of the contract. In the event of any market decreases the Contractor shall in good faith provide the City with reduced pricing. All requests for an Equitable Adjustments must be addressed in writing to the attention of the Purchasing and Contracts Manager, and include appropriate documentation including but not limited to, data from established government or industry indices, market trend data, notification from suppliers or manufacturers or other information as agreed upon between the City and the Successful Bidder. 20. E-VERIFY COMPLIANCE As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Consultant shall require each of its subcontractors to provide Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Consultant, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Consultant otherwise complied, shall promptly notify Consultant and Consultant shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Consultant acknowledges that upon termination of this Agreement by the City for a violation of this section by Consultant, Consultant may not be awarded a public contract for at least one (1) year. Consultant further acknowledges that Consultant is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Consultant or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 21. CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK Bid Number: 23-23B Vendor Name: All In Safety Corp 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK0TAMARAC.ORG r We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the solicitation. We (1) certify that we(I) have read the entire document, including the Specifications, Scope or Statement of Work, Additional Requirements, Supplemental Attachments, Instructions to Bidders (or Proposers), Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire solicitation document. - Moshe Follman, Owner, ALL IN SAFETY CORP The bidder/proposer shall declare any potential conflict of interest that could arise from responding to this solicitation. Do you have a potential conflict of interest? r Yes 0 No The Bidder/Proposer acknowledges and agrees that the addendum/addenda below form part of the Solicitation Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and pages attachments (if applicable) There have not been any addenda issued for this bid. Bid Number: 23-23B Vendor Name: All In Safety Corp P�2/2/2023 (MM/DD/YYYY) A►`R �® CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). F777Bedford CONTACT NAME: ance PHONE FAX Ave. Suite 26 (A c, No. Ext): 718-534-1322 we No : 516-740-2836 Y 11205 AD RIESS: Certs@artekinsurance.com INSURED ALLINSA-01 INSURERB: State Farm Mutual Automobile Insurance Company All In Safety Corp w 44 Skillman St #5L suRERc: Evanston Insurance Company Brooklyn NY 11205 INSURERD: The Travelers Indemnily Company INSURER E : INSURER F : cnVFRAnFR CFRTIFICATF NUMBER: 134RR4R9n3 RFVISION NIIMRFR- THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IU R� NSD D LT TYPE OF INSURANCE I LTR N POLICPOLICY NUMBER MM/DDY EFF POLICY MMIDD EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [K OCCUR VCGP084404 9/4/2022 9/4/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TRENTED O PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO POLICY LOC X JECT OTHER GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 1$ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED I X I NON -OWNED AUTOS ONLY AUTOS ONLY 32-333F-14 32 12/14/2022 12/14/2023 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB X EXCESS LIAB OCCUR CLAIMS -MADE MKLV7EUL103082 9/4/2022 9/4/2023 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED I I RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A UB-OT428908-2242-G 12/14/2022 12/14/2023 X PER OTH- STATUTE I I ER E.L. EACH ACCIDENT _ $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CFRTIFICATF Hnl DFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Evidence of Insurance AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: • General Liability- $1 M/$2M • Automobile— $1 M/$1 M • Workers Comp — Statutory 4. CONTRACT TERM 4.1 The contract term shall be for an initial one (1) year period effective on the date of contract award. The City reserves the right to renew the contract for up to three (3) additional one (1) year periods, providing all parties agree to the extension and renewal terms. 4.2 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing & Contracts Manager. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. The ongoing performance evaluation process will continue during any renewal periods for the life of the Agreement. 5. PRICING 5.1 Pricing shall be provided in the Contractor's bid, included herein as Attachment B. Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. Pricing shall remain firm and fixed through the contract period. 5.2 No price increase will be accepted during the initial contract period. Contractor may submit a price increase or decrease request to be effective on the anniversary date of the Agreement, based on Contractor's actual freight and fuel cost only. To qualify for this increase, the Contractor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration, including copies of actual invoices, or other appropriate documentation. Under NO circumstances will the Contractor be permitted to request additional profit. The City will accept a price decrease at any time. 23-23B Annual Requirements for Root Taips City of Tamarac The City For Your L fie Purchasing and Contracts Division 5.3 POST -STORM EVENT — EXPEDITED DELIVERY REQUIREMENTS: It is anticipated that the majority of roof tarps will be ordered for inventory stock, however, some entities may wish to purchase quantities contingent on a storm event. It is understood that in the aftermath of a storm the ability to transport items maybe difficult to accomplish. In the event of such a situation, the City will permit the contractor to obtain alternate transportation at the then prevailing cost, and bill the entity as a pass -through cost, with no additional profit margin. In addition, the City or entity reserves the right to contract separately for transportation. If an entity contracts for transportation, the contractor shall provide access to their facility for pick-up of merchandise; and shall waive the associated freight charge. 6. PAYMENTS 6.1 Payment will be made after proper delivery of compliant products, and receipt of a properly completed invoice. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 6.2 Each member of the Co-op shall be responsible for their payment arrangements. 7. REMEDIES Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 8. WARRANTY Contractor shall provide the manufacturer's standard warranty of merchantability, and fitness for a particular purpose. All warranties are to be provided to the Purchasing & Contracts Manager prior to the effective date of this Agreement. 9. INDEMNIFICATION 9.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 9.2 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. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. 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 under the indemnification agreement. 9.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 10.1 During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, genetic information or disability if qualified. 10.2 The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, 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. 10.3 The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11.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 and not the City's employee for any 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 Worker's 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, 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 had 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 23-238 Anoua! Requirements for Roof Tarps TAMARAC City of Tamarac — — Purchasing and Contracts Division The City For Your Life 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. 12.ASSIGNMENT AND SUBCONTRACTING Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13. NOTICE Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Ottinot Law, P.A. 5944 Coral Ridge Drive, PM #201 Coral Springs, FL 33076 Attn: Hans Ottinot CONTRACTOR All In Safety Corporation 509 Temple Hill Rd New Windsor, New York, 12553 FIN/EI N: 46-1207064 Contact: Moshe Follman, Vice -President Phone: (718) 812-0968 Fax: (718) 689-1442 E-mail: sales(a)allinsafety.com 14. TERMINATION 14.1 Termination for Convenience: This Agreement may be terminated by City for convenience, upon seven (7) days of written notice by terminating party to the other party 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. 14.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 15.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 Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16. VENUE This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17. SIGNATORY AUTHORITY The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18.SEVERABILITY; WAIVER OF PROVISIONS Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect enforceability of that provision or of the remainder of this Agreement. 19. UNCONTROLLABLE CIRCUMSTANCES 19.1 Neither the 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, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 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. 20. MERGER; AMENDMENT This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 21. NO CONSTRUCTION AGAINST DRAFTING PARTY Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 22. CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the 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 the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 23.SCRUTINIZED COMPANIES - 287.135 AND 215.473 23.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 23.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If 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 Section 287.135, Florida Statutes, as amended from time to time. 24. PUBLIC RECORDS 24.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, CONTRACTOR shall: 24.1.1 Keep and maintain public records required by the CITY in order to perform the service. 24.1.2 Upon request from the CITY, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at no cost to the CITY. 23-236 Annual Regwwmeots fo+ Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 24.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement and any renewals thereof if CONTRACTOR does not transfer the records to the CITY. 24.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all public records in possession of CONTRACTOR, or keep and maintain public records required by the CITY to perform the service. If CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records in a format that is compatible with the information technology systems of the CITY. 24.2 During the term of this Agreement and any renewals, CONTRACTOR shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. 25. E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lowertier subcontracts. Contractor shall 23-238 Annuai Requirements for Roof Tarps TAMARAC City of Tamarac Purchasing and Contracts Division The City For Your Life be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 26.GRANT FUNDING REQUIREMENTS: 26.1 Items purchased from this Agreement may be funded by federal grants. Purchases made herein are made in accordance with the requirements of Federal Regulations contained in Title 2 Code of Federal Regulations (CFR) Part 200, "Procurement Standards" as well as regulations promulgated by Federal Agencies including the Office of Management and Budget (OMB) or other federal agencies providing such grants in conjunction with the City's needs. 26.2 The City has included the text of the Federal Grant Requirements "Procurement Standards" and incorporated 2 C.F.R. Part 200 §§ 200.317 through 200.327, along with Appendix II as ATTACHMENT A— "REQUIREMENTS FOR PROJECTS FUNDED BY FEDERAL GRANTS" to this solicitation. Bidder shall agree to the applicable requirements of Appendix II for grants. Federal requirements will not apply to projects which are not funded by Federal agencies either directly or through another agency when the City is a subrecipient of federal grant funding. 27. CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 C ITYCLE RK(cD-TAMARAC.ORG Remainder of Page Intentionally Blank 23-23S Annual Requirements for Roof Taips TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF ti 4v., +ri(k :SS COUNTY OF I'\'- f I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Moshe Follman, Vice President of All In Safety Corporation, a New York Corporation, to me known to be the erson(s) described in and who executed the foregoing instrument and acknowledged before me that /she executed the same. WITNESS my hand and official seal this day of Signature Notary #ublic State of Florida at Large cp�� Print, Type or Stamp Name of Notary Public ❑ Personally, known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 23-238 Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Attachment A — REQUIREMENTS FOR PROJECTS FUNDED BY FEDERAL GRANTS THIS EXHIBIT APPLIES ONLY TO PROJECTS UTILIZING FEDERAL FUNDING AND DOES NOT APPLY TO PROJECTS THAT DO NOT UTILIZE FEDERAL FUNDING This document shall be incorporated as a contract document attachment for.23-23B Annual Requirements for Roof Tarps which may be partially or fully funded through a federal grant provided to the City of Tamarac ("CITY"). Therefore, when the CITY engages in contracting for such projects. Consultants should familiarize themselves with the regulations and requirements contained below and in Part 2 C.F.R. 200 Sections 317-327 "PROCUREMENT STANDARDS", provided for reference, and must comply with the applicable provisions of 2 C.F.R. Appendix II included herein when CITY projects are funded with Federal Funds. For purposes of this Agreement, any references to a "Non -Federal entity" of a "subrecipient" of a State included herein shall mean the City of Tamarac ("CITY"). Consultant agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State, County and City orders, statutes, ordinances, rules, and regulations which may pertain to the Services required under the Agreement, including but not limited to the following: �. 200.317 PROCUREMENT BY STATES & NON-FEDERAL ENTITIES (APPLIES TO STATE AGENCIES ONLY) When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non -Federal funds. The State will comply with §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by § 200.327. All other non -Federal entities, including subrecipients of a State, must follow the procurement standards in §§ 200.318 through 200.327. 2. 200.318 (a-b)GENERAL PROCUREMENT STANDARDS The CITY has documented procurement procedures and will conform to the procurement standards identified in 200.317 through 200.327. In accordance with the requirements of this grant/s, the CITY shall maintain oversight to ensure that Consultants perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 3. 200.318 (c)(1) FEDERAL NON -CONFLICT a. The CITY maintains written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a 23-23B Annual Requirements for Roof Tarps 12 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division firm considered for a contract. The officers, employees, and agents of the CITY may neither solicit nor accept gratuities, favors, or anything of monetary value from Consultants or parties to subcontracts. However, non -Federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the CITY. b. The CITY maintains written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the CITY is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 4. 200.318 (d) AVOIDING ACQUISITION OF UNNECESSARY OR DUPLICATIVE ITEMS The CITY shall consider consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives and any other appropriate analysis to determine the most economical approach. s. 200.318 (e) PROMOTE COST-EFFECTIVE USE OF SHARED SERVICES To foster greater economy and efficiency, and in accordance with efforts to promote cost- effective use of shared services across the Federal Government, the CITY encourages entering into state and local intergovernmental agreements or inter -entity agreements where appropriate for procurement or use of common or shared goods and services. Competition requirements will be met with documented procurement actions using strategic sourcing, shared services, and other similar procurement arrangements. 6. 200.318 (f) SURPLUS PROPERTY The CITY encourages the use of Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. 7. 200.318 (g) VALUE ENGINEERING The CITY encourages the use of value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at an overall lower cost. s. 200.318 (h) RESPONSIBLE CONTRACTOR The CITY shall award contracts only to responsible Consultants possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as Consultant integrity, compliance with public policy, record of past performance, and financial and technical resources. See also 200.214. s. 200.318 (1) HISTORY/METHODOLOGLY OF PROCUREMENT The CITY shall maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to, the following: Rationale for the method of procurement, selection of contract type, Consultant selection or rejection, and the basis for the contract price. lo. 200.318 (j) TIME -AND -MATERIALS CONTRACT The CITY may use a time -and -materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the Consultant exceeds at its 23-23B Annual Requirements for Roof Tarps 13 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division own risk. Time -and -materials type contract means a contract whose cost to the CITY is the sum of: a. The actual cost of materials; and b. Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. Since this formula generates an open-ended contract price, a time -and -materials contract provides no positive profit incentive to the Consultant for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the Consultant exceeds at its own risk. Further, if this methodology is utilized the CITY awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the Consultant is using efficient methods and effective cost controls. 11. 200.318 (k) The CITY alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the CITY of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the CITY unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. 12. 200.319 COMPETITION a. All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and § 200.320. b. In order to ensure objective Consultant performance and eliminate unfair competitive advantage, Consultants that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: 1. Placing unreasonable requirements on firms in order for them to qualify to do business; 2. Requiring unnecessary experience and excessive bonding; 3. Noncompetitive pricing practices between firms or between affiliated companies; 4. Noncompetitive contracts to consultants that are on retainer contracts; 5. Organizational conflicts of interest; 6. Specifying only a "brand name" product instead of allowing "an equal' product to be offered and describing the performance or other relevant requirements of the procurement; and 7. Any arbitrary action in the procurement process. C. The CITY must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. 23-238 Annual Requirernents for Roof Tarps 14 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division d. The CITY has written procedures for procurement transactions. These procedures must ensure that all solicitations: 1. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and 2. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. e. The CITY has ensured that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the CITY has not precluded potential bidders from qualifying during the solicitation period. f. Noncompetitive procurements can only be awarded in accordance with § 200.32O(c). 13. 200.320 Methods of procurement to be followed The CITY has documented procurement procedures, consistent with the standards of this section and §§200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub -award. a. Informal procurement methods. When the value of the procurement for property or services under a Federal award does not exceed the simplified acquisition threshold (SAT), as defined in § 200.1, or a lower threshold established by the CITY, formal procurement methods are not required. The CITY may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost. The informal methods used for procurement of property or services at or below the SAT include: 1. Micro -purchases — i. Distribution. The acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold (See the definition of micro -purchase in 200.1). To the maximum extent practicable, the CITY should distribute micro -purchases equitably among qualified suppliers. ii. Micro -purchase awards. Micro -purchases may be awarded without soliciting competitive price or rate quotations if the CITY considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. Purchase cards can be used for micro -purchases if procedures are documented and approved by the CITY. iii. Micro -purchase thresholds. The CITY is responsible for determining and documenting an appropriate micro -purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro -purchase threshold used by the CITY must be authorized or not prohibited under State, local, or tribal laws or 23-23B Annual Requirements for Roof Tarps 15 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division regulations. The CITY may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) in accordance with paragraphs (a)(1)(iv) and (v) of this section. iv. CITY increase to the micro -purchase threshold up to $50,000. The CITY may establish a threshold higherthan the micro -purchase threshold identified in the FAR in accordance with the requirements of this section. The CITY may self -certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal awarding agency and auditors in accordance with 200.334. The self - certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following: A. A qualification as a low -risk auditee, in accordance with the criteria in 200.520 for the most recent audit; B. An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or, C. For public institutions, a higher threshold consistent with State law. V. The CITY may increase to the micro -purchase threshold over $50,000. Micro -purchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The CITY must submit a request with the requirements included in paragraph (a)(1)(iv) of this section. The increased threshold is valid until there is a change in status in which the justification was approved. 2. Small purchases — i. Small purchase procedures. The acquisition of property or services, the aggregate dollar amount of which is higher than the micro -purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the CITY. ii. Simplified acquisition thresholds. The CITY is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk and its documented procurement procedures which must not exceed the threshold established in the FAR. When applicable, a lower simplified acquisition threshold used by the CITY must be authorized or not prohibited under State, local, or tribal laws or regulations. b. Formal procurement methods. When the value of the procurement for property or services under a Federal financial assistance award exceeds the SAT, or a lower threshold established by the CITY, formal procurement methods are required. Formal procurement methods require following documented procedures. Formal procurement methods also require public advertising unless a non-competitive procurement can be used in accordance with 200.319 or paragraph (c) of this section. The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the CITY determines to be appropriate: 1. Sealed bids. A procurement method in which bids are publicly solicited and a firm fixed -price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the 23-238 Annual Requirements for Roof Tarps 16 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division invitation for bids, is the lowest in price. The sealed bids method is the preferred method for procuring construction, if the conditions. i. In order for sealed bidding to be feasible, the following conditions should be present: A. A complete, adequate, and realistic specification or purchase description is available; B. Two or more responsible bidders are willing and able to compete effectively for the business; and C. The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. ii. If sealed bids are used, the following requirements apply: A. Bids must be solicited from an adequate number of qualified sources, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; B. The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; C. All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; D. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and E. Any or all bids may be rejected if there is a sound documented reason. Proposals. A procurement method in which either a fixed price or cost - reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids. They are awarded in accordance with the following requirements: i. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number of qualified offerors. Any response to publicized requests for proposals must be considered to the maximum extent practical; ii. The CITY has a written method for conducting technical evaluations of the responsible proposals received and making selections; iii. Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the CITY, with price and other factors considered; and iv. The CITY may use competitive proposal procedures for qualifications - based procurement of architectural/engineering (A/E) professional services whereby offeror's qualifications are evaluated and the most 23-23B Annual Requirements for Roof Tarps 17 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms that are a potential source to perform the proposed effort. Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply: 1. The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold (see paragraph (a)(1) of this section); 2. The item is available only from a single source; 3. The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; 4. The Federal awarding agency or pass -through entity expressly authorizes a noncompetitive procurement in response to a written request from the CITY; or 5. After solicitation of a number of sources, competition is determined inadequate. 14. 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. MINORITY / WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION In accordance with the requirements as stated in C.F.R. 200.321, the City encourages the active participation of minority businesses, women's business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. If subcontracts are to be let, through a prime contractor, that Consultant is required to take the affirmative steps listed in items (a.) through (e.) below to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 15. 200.322 Domestic preferences for procurements (NOT APPLICABLE TO THIS AGREEMENT FOR PROFESSIONAL SERVICES) a. As appropriate and to the extent consistent with law, the CITY, to the greatest extent practicable under a Federal award, will provide a preference and encourages the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all 23-238 Annual Requirements for Roof Tarps 18 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division subawards, including all contracts and purchase orders for work or products under this award. b. For purposes of this section: 1. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 16. 200.322 Procurement of recovered materials (NOT APPLICABLE TO THIS AGREEMENT FOR PROFESSIONAL SERVICES) The CITY encourages and the Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including, but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 17. 200.324 Contract cost and price a. The CITY has performed a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the CITY has made independent estimates before receiving bids or proposals. b. The CITY shall negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. c. Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the CITY under subpart E of this part. The CITY may reference its own cost principles that comply with the Federal cost principles. d. The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. 18. 200.325 Federal awarding agency or pass -through entity review a. The CITY will make available, upon request of the Federal awarding agency or pass - through entity, technical specifications on proposed procurements where the Federal awarding agency or pass -through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the CITY desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass -through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. b. The CITY shall make available upon request, for the Federal awarding agency or pass - through entity pre -procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: 23-238 Annual Requirements for Roof Tarps 19 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 1. The CITY's procurement procedures or operation fails to comply with the procurement standards in this part; 2. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; 3. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product; 4. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or 5. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. c. The CITY would be exempt from the pre -procurement review in paragraph (b) of this section if the Federal awarding agency or pass -through entity determines that its procurement systems comply with the standards of this part. 1. The CITY may request that its procurement system be reviewed by the Federal awarding agency or pass -through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high -dollar funding, and third -party contracts are awarded on a regular basis; 2. The CITY may self -certify its procurement system. Such self -certification must not limit the Federal awarding agency's right to survey the system. Under a self - certification procedure, the Federal awarding agency may rely on written assurances from the CITY that it is complying with these standards. The CITY must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. is. 200.326 Bonding Requirements For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass -through entity may accept the bonding policy and requirements of the CITY provided that the Federal awarding agency or pass -through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: a. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part of the Consultant for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. C. A payment bond on the part of the Consultant for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. 2o. 200.327 Contract provisions The CITY's contracts shall contain the applicable provisions described in appendix II to this part. 23-23B Annual Requirements for Roof Tarps 20 TAMARAC City of Tamarac The City For Your fife Purchasing and Contracts Division Appendix II of 2 CFR 200 Consultant agrees to all Provisions shown below under Appendix II of 2 CFR 200 as sections which are hereby incorporated in this Agreement for projects utilizing Federal Grant Funding: FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES The CITY and CONSULTANT acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract. CONSULTANT agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the sub -Consultant who will be subject to its provisions. 2. ACCESS BY THE GRANTEE, SUBGRANTEE, FEDERAL GRANTOR AGENCY AND COMPTROLLER GENERAL The Consultant shall allow access by the grantee, sub grantee, Federal grantor agency and Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts and transcriptions. 3. EQUAL EMPLOYMENT OPPORTUNITY The Consultant shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their Consultants or subgrantees). All Consultants and sub -Consultants performing work in connection with this Contract shall provide equal opportunity for employment because of race, religion, color, age, sex, national origin, sexual preference, disability or marital status. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in a conspicuous place available for employees and applicants for employment, such notices as may be required by any authority having jurisdiction over the Work setting forth the provisions of the nondiscrimination law. a. DAVIS-BACON & RELATED ACTS — This requirement shall not apply to work performed by Consultant under this Agreement, however, Consultant may be required to include requirements for adherence to these statutes when developing Scope of Work / Specification documents for a federally funded project requiring construction, alteration or repair of public buildings or public works. If construction, alteration or repair of public buildings or public works project is funded or assisted under one or more Federal statutes, the Davis -Bacon prevailing wage provisions may apply to the project if any of the applicable statutes requires payment of Davis -Bacon wage rates. a. Consultant shall comply with the Davis -Bacon Act (40 U.S,C. 276a to 276a- 7) as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute, Consultant must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified 23-23B Annual Requirements for Roof Tarps 21 A A t MOO City of Tamarac The City For Your Life Purchasing and Contracts Division in a wage determination made by the Secretary of Labor. In addition, Consultant must be required to pay wages not less than once a week. b. The Davis -Bacon Act requires that each contract over $2,000 to which the United States or the District of Columbia is a party for the construction, alteration, or repair of public buildings or public works shall contain a clause setting forth the minimum wages to be paid to various classes of laborers and mechanics employed under the contract. Under the provisions of the Act, Consultants or their sub -Consultants are to pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. c. In addition to the Davis -Bacon Act itself, Congress has added prevailing wage provisions to approximately 60 statutes which assist construction projects through grants, loans, loan guarantees, and insurance. These "related Acts" involve construction in such areas as transportation, housing, air and water pollution reduction, and health. Davis -Bacon wage determinations are to be used in accordance with the provisions of Regulations, 29 CFR Part 1, Part 3, and Part 5. s. COPELAND ANTI -KICKBACK ACT. a. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. Consultant must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. City must report all suspected or reported violations to the Federal awarding agency. b. Subcontracts. The Consultant or sub -Consultant shall insert in any subcontracts the clause above and such other clauses as the FEMA or other administering Federal agency may by appropriate instructions require, and also a clause requiring the sub -Consultants to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the compliance by any sub -Consultant or lower tier sub -Consultant with all of these contract clauses. C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant and sub -Consultant as provided in 29 C.F.R. § 5.12. s. CONTRACT WORK HOURS AND SAFETY STANDARDS. The Consultant shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702-3704) as supplemented by Department of Labor regulations (29 CFR Part 5). "Compliance with the Contract Work Hours and Safety Standards Act." a. (1) Overtime requirements. No Consultant or sub -Consultant contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 23-23S Annual Requirernents for Roof Tarps 22 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division b. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the Consultant and any sub - Consultant responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and sub -Consultant shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. C. (3) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or sub -Consultant under any such contract or any other federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or sub -Consultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. d. (4) Subcontracts. The Consultant or sub -Consultant shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the sub -Consultants to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any sub -Consultant or lower tier sub -Consultant with the clauses set forth in paragraphs (b)(1) through (4) of this section." 7. FEDERAL CLEAN AIR AND WATER ACTS Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to the applicable federal administrating agency and the Regional Office of the Environmental Protection Agency (EPA). s. DHS SEAL, LOGO, AND FLAGS. Consultant shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre -approval. e. SUSPENSION AND DEBARMENT. a. Non-federal entities are subject to the non -procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. b. If the resulting contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Consultant is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935), C. The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, 23-238 Annual Requirements for Roof Tarps 23 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. d. This certification is a material representation of fact relied upon by the City. If it is later determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. e. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES If Consultant fail to perform to the satisfaction of the City any material requirement of the contract or is in violation of a material provision of the contract, the City shall provide written notice to the Consultant requesting that the breach or noncompliance be remedied within a set time frame outlined in the contract. In the event that a dispute, if any, arises between City and Consultant relating to this Agreement, performance or compensation hereunder, Consultant shall continue to render service in full compliance with all terms and conditions of the resulting agreement as interpreted by City regardless of such dispute. Unless otherwise provided for in the resulting agreement, all claims, counter -claims, disputes and other matters in question between the City and the Contractor, arising out of or relating to the resulting agreement, or the breach of it, will be first forwarded to the City Manager, the parties agree to reasonably negotiate the for resolution of the matter, upon failure of said negotiations to resolve the dispute, the parties may present the matter to a court of competent jurisdiction. 11. RIGHTS TO INVENTIONS Consultant agrees that if this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or inventions for Federal Government purposes. 12. NO OBLIGATION BY THE FEDERAL GOVERNMENT The federal government is not a party to this contract and is not subject to any obligations or liabilities to the CITY, contractor, or any other party pertaining to any matter resulting from the contract. 13. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that federal financial assistance will be used to fund the Agreement only. Consultant will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 14. FRAUDULENT STATEMENTS Consultant acknowledges that 31 U.S.C. Chap. 38 applies to Contractor's actions pertaining to this Agreement. 23-23B Annual Requirements for Roof Tarps 24 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division is. ANTI -LOBBYING. Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. This provision is applicable to all Federal -aid construction contracts and to all related sub -contracts which exceed $100,000 (49 CFR 20). The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 16. RECYCLED PRODUCTS / RECOVERED MATERIALS The Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including, but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 17. COMPLIANCE WITH STATE ENERGY POLICY AND CONSERVATION ACT Consultant shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 23-23B Annual Requirements for Roof Tarps 25 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 18. MINORITY / WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION In accordance with the requirements as stated in C.F.R. 200.321, the City encourages the active participation of minority businesses, women's business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. If subcontracts are to be let, through a prime contractor, that Consultant is required to take the affirmative steps listed in items (a.) through (e.) below to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. f. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; g. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; h. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; j. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 19. REPORTING & RETENTION OF RECORDS Pursuant to 44 CFR 13.36(i)(7), Consultant shall comply with federal requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the U.S. Department of Housing and Urban Development, the applicable federal Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of Consultant which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to provide applicable federal Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. Notwithstanding any other requirement set forth in this solicitation or the resulting agreement, all required records shall be retained for at minimum three (3) years after final payments and all other pending matters are closed. 20. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES Prohibitions: Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. Unless an exception applies, the Consultant and its sub - Consultants may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of 23-238 Annual Requirements for Roof Tarps 26 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. a. Exceptions: This Section does not prohibit Consultant from providing: (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. b. Reportinci requirement: In the event Consultant identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Consultant is notified of such by a sub -Consultant at any tier or by any other source, the Consultant shall report the information required of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. The Consultant shall report the following information: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten (10) business days of submitting the information required of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Consultant shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The Consultant shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. C. Domestic Preference for Procurements: As appropriate, and to the extent consistent with law, the Consultant should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 23-23B Annual Requirements for Roof Tarps 27 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 21. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS If applicable, the Consultant grants to City, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, Consultant will identify such data and grant to the City or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, Consultant will deliver to the Consultant data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by Contractor. 22. PERSONALLY, IDENTIFIABLE INFORMATION In accordance with 2 C.F.R. §200.303, regarding internal controls of a non -Federal entity, Consultant must guarantee the protection of all Personally Identifiable Information (PII) obtained. The program will enact necessary measures to ensure PI of all applicants is safeguarded as to avoid release of private information. If a Consultant or employee should experience any loss or potential loss of PI I, the City shall be notified immediately of the breach or potential breach. 23. RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Consultant pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 24. AFFIRMATIVE SOCIOECONOMIC STEPS If subcontracts are to be let, Consultant is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 25. INSPECTION AND ACCEPTANCE The City has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within thirty (30) days so as to not impede the work of the Contractor. Any product of work shall be deemed accepted as submitted if the City does not issue written comments and/or required corrections within thirty (30) days from the date of receipt of such product from the Contractor. The Consultant shall make any required corrections promptly at no additional charge and return a revised copy of the product to the City within seven (7) days of notification or a later date if extended by the City. Failure by the Consultant to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor's submission of corrected work remains unacceptable, the City may terminate the resulting contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. 26. DOCUMENTATION OF COSTS All costs shall be supported by properly executed payrolls, time records, invoices, or vouchers, 23-23B Annual Requirements for Roof Tarps 28 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents, pertaining in whole or in part to the Agreement, shall be clearly identified and regularly accessible. 27. INCREASING SEAT BELT USE IN THE UNITED STATES. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultantis encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company -owned, rented or personally owned vehicles. 28. REDUCING TEXT MESSAGING WHILE DRIVING Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant is encouraged to adopt and enforce policies that ban text messaging while driving, and establish workplace safety policies to decrease accidents caused by distracted drivers. 29. DISCRIMINATION PROHIBITED. Statutes and regulations prohibiting discrimination which may be applicable to the resulting agreement include, without limitation, the following: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; b. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and e. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 30. DRUG FREE WORKPLACE This certification is required by the regulations implementing Sections 5151-5160 of the Drug - Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 USC 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017-600, Purpose. The January 31, 1989, regulations were amended and published as Part II of the May 25, 1990 Federal Register (pages 21681-21691). 31. PROHIBITION OF GRATUITIES By submission for this solicitation, the Consultant certifies that no employee has or shall benefit financially or materially from such submission or subsequent contract. Any contract issued as a result of this solicitation may be terminated at such time as it is determined that gratuities of any kind were either offered or received by any of the aforementioned persons. 23-23B Annual Requirements for Roof Tarps 29 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Agreed to and incorporated into 23-23B Annual Requirements for Roof Tarps /,'� �/ /--0 Company Name r Signature of Authorized Representative lnos)V ro 1114-7 1 dj Type/Print Name of Authorized Representative Date 23-23B Annual Requirements for Roof Taips 30 TA�.M_A�RAC City of Tamarac The C' ity or You Purchasing and Contracts Division Attachment B — Pricing Line Item Tarp, Economy, 15' x 20' U/M Unit Price 1 Quantities 1 — 9 EA $9.00 2 Quantities 10 — 99 EA $9.00 3 Quantities 100 — 499 EA $9.00 4 Quantities 500 — 999 EA $9.00 5 Quantities >1000 EA $9.00 Line Item Tarp, Economy, 20' x 30' U/M Unit Price 1 Quantities 1 — 9 EA $19.00 2 Quantities 10 — 99 EA $18.00 3 Quantities 100 — 499 EA $18.00 4 Quantities 500 — 999 EA $18.00 5 Quantities >1000 EA $18.00 Line Item Tarp, Economy, 25' x 40' U/M Unit Price 1 Quantities 1 — 9 EA $31.00 2 Quantities 10 — 99 EA $30.00 3 Quantities 100 — 499 EA $30.00 4 Quantities 500 — 999 EA $30.00 5 Quantities >1000 EA $30.00 Line Item Tarp, Economy,30' x 40' U/M Unit Price 1 Quantities 1 -- 9 EA $36.00 2 Quantities 10 — 99 EA $35.00 3 Quantities 100 — 499 EA $35.00 4 Quantities 500 — 999 EA $35.00 5 Quantities >1000 EA $35.00 Line Item Tarp, Economy, 30' x 50' U/M Unit Price 1 Quantities 1 — 9 EA $44.00 2 Quantities 10 — 99 EA $43.00 3 Quantities 100 — 499 EA $43.00 4 Quantities 500 — 999 EA $43.00 5 Quantities >1000 EA $43.00 Line Item Tarp, Heavy Grade, 30' x 40' U/M Unit Price 1 Quantities 1 — 9 EA $65.00 2 Quantities 10 — 99 EA $64.00 3 Quantities 100 — 499 EA $64.00 4 Quantities 500 — 999 EA $64.00 5 Quantities >1000 EA $64.00 23-23B Annual Requirements for Roof Tarps TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Line Item Tarp, Heavy Grade, 30' x 50' U/M Unit Price 1 Quantities 1 — 9 EA $84.00 2 Quantities 10 — 99 EA $83.00 3 Quantities 100 — 499 EA $83.00 4 Quantities 500 — 999 EA $83.00 5 Quantities >1000 EA $83.00 Line Item ADDITIONAL OPTIONAL ITEMS U/M Unit Price 1 Industrial Bungee Cord. 24" long dual hook ends EA $10.00 2 Industrial Bungee Cord. 36" long dual hook ends EA $16.00 3 Fastener 10d common galvanized nails 200/box BOX $25.00 4 Tarp Tape 2" wide waterproof EA $4.00 23-23B Annual Requirements for Roof Tarps 32