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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-054 Temp. Reso. #13293 June 10, 2019 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019- 5Y A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NUMBER 19-22B 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, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE RENEWAL OPTIONS; 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; and 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 immediately following a storm; and WHEREAS, provision of roof tarps to residents will help to control additional damage resultant from unprotected roofs; and Temp. Reso. #13293 June 10, 2019 Page 2 WHEREAS, specifications were submitted and bids were formally solicited via Invitation for Bid #19-22B on April 28, 2019 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 "1"; and WHEREAS, bids were received on May 29, 2019 from the following bidder, a copy of said bid tab is included herein as Exhibit "2": All In Safety Corp. $106,636.78 ; 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 sole responsive responder for the roof tarps, with an aggregate price of $106,636.78, 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 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 Temp. Reso. #13293 June 10, 2019 Page 3 and the Southeast Florida Governmental Purchasing Cooperative to All in Safety Corporation for a total price estimate of $106,636.78, 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 19-22B, and authorizes the appropriate city officials to execute an Agreement, attached herein as Exhibit "4", for the purchase of the annual requirements for roof tarps for the City of Tamarac and the Southeast Florida Governmental Purchasing Cooperative to All In Safety Corporation, in the estimated amount of $106,636.78, 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 renewal options 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 Temp. Reso. #13293 June 10, 2019 Page 4 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. PASSED, ADOPTED AND APPROVED this r' day of , 2019. 1 MICHELLE J. GOMEZ MAYOR ATTEST: ATRICIA TEUFEL, M CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN DIST 4: V/M PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM i �i ki- 0- SAMUEL S. GOREL CITY ATTORNEY TR#13293--Exhibit 1 INVITATION TO BID TAMARAC 4,00-03.00-0116-4.00 The City For Your Life BID 19-22B ANNUAL REQUIREMENTS FOR ROOF TARPS ISSUED: 4/28/2019 Where to Deliver Bid: Online At: https://tamarac.bidsandtenders.orq City of Tamarac Purchasing &Contracts Division 7525 NW 88th Avenue Room 108 (954) 597-3570 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave .,1rr►.,,r , r "Committed to Excellence...Always" Tamarac,FL 33321 s/ httns:IItamarac.bidsandtenders.orq The City For Your Life INVITATION FOR BID Bid Acknowledgement BID NO.: 19-22B BID TITLE: Annual Requirements for Roof Tarps BID OPENING DATE/TIME: MAY 29, 2019 AT 3:00 P.M. LOCAL TIME PURCHASING CONTACT: Ann Marie Corbett BUYER PHONE: 954-597-3566 BUYER EMAIL: Annmarie.corbett@tamarac.org PRE-BID CONFERENCE/SITE INSPECTION: NONE BONDING: Not required for this bid. DEADLINE FOR WRITTEN QUESTIONS: MAY 21, 2019 AT 5:00 P.M. LOCAL TIME GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE,SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS, IN THE SPECIAL CONDITIONS OF THE BID, OR IN THE SPECIFICATIONS/STATEMENT OF WORK. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER THESE GENERAL CONDITIONS AND ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. ELECTRONIC BIDS BIDS SHALL BE SUBMITTED ELECTRONICALLY THROUGH THE CITY'S SOLICITATION MANAGEMENT PARTNER, BIDSANDTENDERSTM.ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON-RESPONSIVE. 19-228—Annual Requirements for Roof Tarps 2 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave ,00011000.1.16.A.000. "Committed to Excellence...Always" Tamarac,FL 33321 httos:/Itamarac.bidsandtenders.orq The City For Your Life BID NO. 19-22B ANNUAL REQUIREMENTS FOR ROOF TARPS TABLE OF CONTENTS General Terms and Conditions 4 Invitation to Bid 10 Purchasing Cooperative 11 Instructions to Bidders 14 Special Conditions 15 Technical Specifications 17 Bid Form 18 Bid Checklist 21 Sample Agreement 22 19-228—Annual Requirements for Roof Tarps 3 CITY OF TAMARAC TAM A RAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave ! ,!ir6.��r "Committed to Excellence...Always" Tamarac,FL 33321 https://tamarac.bidsandtenders.orq The City For Your Life Our Vision and Mission deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall Our Vision: The City of Tamarac, our community of choice — prevail in their entirety. leading the nation in quality of life through safe neighborhoods, 1. SUBMISSION OF THE BID a vibrant economy, exceptional customer service and recognized excellence. The Responding firm is directed to submit all bids online at https://tamarac.bidsandtenders.orq/Module/Tenders/en no Our Mission:We Are"Committed to Excellence. . .Always" It is later than the date and time specified on the cover page of this our job to foster and create an environment that solicitation document. Bids will not be considered and cannot be entered online after the above referenced closing date. The Responds to the Customer City will not be responsible for a late bid as a result of the Creates and Innovates vendor's inability to respond and upload their bid response in a Works as a Team timely manner. Achieves Results, and It is the Responding firm's responsibility to read and Makes a Difference understand the requirements of this bid request. Unless otherwise specified,the Responding firm must use the bid form In the fulfillment of our vision and mission, as stewards of the located online for Invitation for Bid document. All bids shall be public trust, we value vision, integrity, efficiency and quality submitted in the English language. All prices, terms and service. conditions bid in the submitted response shall be expressed in U.S. Dollars, and will be firm for acceptance for sixty (60) Our vendors are truly partners in meeting these commitments calendar days from the date of the bid opening unless otherwise to the community, and in support of that vision and mission,we stated by the City. are committed to ensuring that qualified, competitive vendors The Responding firm preparing a bid in response to this who share our commitment to quality,efficiency,teamwork and solicitation shall bear all expenses associated with its customer service are employed to provide goods and services preparation. The Responding firm shall prepare a bid with the to the City. Our vendors are expected to deliver high quality understanding that no claim for reimbursement shall be products and efficient service that is provided on time and as submitted to the City for expenses related to its preparation. ordered; in a manner that improves the overall value of the 2. TYPES OF SOLICITATIONS PROVIDED BY THE CITY services that the City provides to its residents. In addition, we Anytime the City releases a new solicitation it will contain expect our vendors to work with the City as a team, and exhibit a suffix of one of the following types: the highest level of integrity when dealing with any office or department of the City. B= Invitation for Bid (ITB) Diligence in the execution of the requirements of this proposal R= Request for Proposal (RFP) will ultimately contribute to the overall quality of services L= Letter of interest(LOI) provided to the entire community. The City is searching for a Q= Request for Qualifications(RFQ) firm who will exemplify these ideals in the execution of their FQ= Formal Quotation (RFFQ) work, and the successful firm will be measured against the IQ=Informal Quotation (RFIQ) performance standards outlined in this quotation invitation. HQ= Housing Quotation (RFHQ) INTRODUCTION It is the intent of the City to award this quotation to the lowest responsible and responsive Responding firm.The City reserves This suffix or prefix will determine what type of solicitation the right to accept or reject any or all quotations and to waive the City will soliciting. any informality concerning the quotations when such rejection 3. WITHDRAWAL OF BID or waiver is deemed to be in the best interest of the City. The Any Responding firm may withdraw its bid prior to the City reserves the right to award the quotation on a split order indicated opening time. The request for withdrawal must be basis, lump sum or individual item basis unless otherwise stated,whichever is in the best interest of the City. completed online at This solicitation is issued pursuant to the City of Tamarac Code, https://tamarac.bidsandtenders.orq/Module/Tenders/en if requested prior to the bid opening date and time. Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. 4. NON-COLLUSIVE AFFIDAVIT TERMS AND Each Contractor shall complete the Non-Collusive GENERALE general terms and CONDITIONS apply to all offers made to Affidavit and Acknowledgement form online (Document ThesUpload 1 l and shall submit the form with their online bid.The City the City of Tamarac by all prospective Responding firms considers the failure of the Contractor to submit this document including but not limited to Invitations for Bid, Requests for to be a major irregularity, and may,be cause for rejection of the Quotation and Requests for Proposal. As such the words bid. "quotation", "bid" and "proposal"may be used interchangeably 5. CONFLICT OF INTEREST in reference to all offers submitted by prospective Responding firms. Any and all special conditions in this IFB or any sample The award hereunder is subject to the provisions of agreement document that may be in variance or conflict with Chapter 112 of the State of Florida Statutes. Responding firms these General Terms and Conditions shall have precedence shall disclose the name of any officer, director, partner, over these General Terms and Conditions. If no changes or proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 19-22B—Annual Requirements for Roof Tarps 4 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave ,rraa+.++ '"" M. a "Committed to Excellence...Always" Tamarac, FL 33321 '�"�" ` https:I/tamarac.bidsandtenders.orq The City For Your Life 6. SCRUTINIZED COMPANIES --287.135 and 215.473 governed by the Local Government Prompt Payment Act, F.S. Chapter 218. (See link for more information) 6.1 By executing this bid, Bidder certifies that Bidder is not ""**"**"*""IMPORTANT NOTE"***"**'"'***"*"*"**** participating in a boycott of Israel. Bidder further Payments by Electronic Funds Transfer ALL payments by the certifies that Bidder is not on the Scrutinized City will be made by Direct Deposit(ACH)via electronic funds Companies that Boycott Israel list, not on the transfer. Vendors must register for direct deposit with the City Scrutinized Companies with Activities in Sudan List, prior to receiving any payments by providing a"City of Tamarac and not on the Scrutinized Companies with Activities in Consent for Direct Deposit" form (ACH Form) to the City's the Iran Petroleum Energy Sector List, or has Bidder Financial Services Accounting Division. The form may be been engaged in business operations in Syria. Subject accessed on the City of Tamarac web-site at to limited exceptions provided in state law, the City will https://tamarac.seamlessdocs.com/f/DirectDeposit. not contract for the provision of goods or services with Please contact the Purchasing&Contracts Division at the any scrutinized company referred to above. number shown on this solicitation document herein as the first 6.2 Submitting a false certification shall be deemed a point of contact for more information. material breach of contract. The City shall provide 9. DELIVERY notice, in writing, to the successful Contractor of the All items shall be delivered F.O.B. destination to a specific City's determination concerning the false certification. City address. All delivery costs and charges must be included Contractor shall have five(5)days from receipt of notice in the bid price. The City reserves the right to cancel orders or to refute the false certification allegation. If such false any part thereof,without obligation if delivery is not made at the certification is discovered during the active contract time specified in the quotation. term, contractor shall have ninety (90) days following receipt of the notice to respond in writing and 10. MANUFACTURER'S NAME & APPROVED demonstrate that the determination of false certification EQUIVALENTS was made in error. If Contractor does not demonstrate Manufacturer's name,trade name,brand name information that the City's determination of false certification was and/or model/catalog numbers are used in these specifications made in error then the City shall have the right to for information and establishment of a quality level desired,and terminate the contract and seek civil remedies pursuant are not intended to restrict competition unless otherwise to Section 287.135, Florida Statutes, as amended from specified in the bid. The Responding firm may offer any brand time to time. which meets or exceeds the specifications for any item(s) 7. QUANTITIES unless the specification specifically requires the use of a certain brand or model to provide for compatibility with existing items Quantities shown are estimates only. No guarantee or already in place at the City. If bids are based on equivalent warranty is given or implied by the City as to the total amount products,indicate on the bid form the manufacturer's name and that may or may not be purchased from any resulting contract. model/catalog number. Responding firm shall submit complete The City reserves the right to decrease or increase quantities descriptive literature and/or specifications with the bid. The or add or delete any item from the contract if it is determined burden of proof for specification compliance is solely on the that it best serves the interests of the City. Responding firm. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this 8. PRICES, PAYMENTS, DISCOUNTS ELECTRONIC information within three (3) business days of the City's request PAYMENTS may be grounds for bid disqualification. If Responding firm fails Firm Pricing: Bid prices shall be fixed and firm to the to name a substitute, it will be assumed that the Responding extent required under Special Conditions. In the absence firm has submitted a bid which conforms in all aspects to the of a reference in the Special Conditions, proposal prices requirements of the bid document,and that the Responding firm shall be fixed and firm for a period of ninety(901 calendar intends to furnish goods identical to the bid standard. days for all Bids, RFP's and RFQ's including solicitations 11. SAMPLES AND DEMONSTRATIONS that must be approved by another agency, unless When requested, samples are to be furnished free of otherwise stated in the Special Conditions.Payment will be charge to the City. If a sample is requested it must be delivered made only after receipt and acceptance of within seven days of the request unless otherwise stated in the materials/services. Cash discounts may be offered for bid. Each sample must be marked with the Responding firm's prompt payment however, such discounts shall not be name and manufacture's brand name. The City will not be considered in determining the lowest net cost for bid responsible for returning samples. The City may request a full evaluation. demonstration of any product or service before the award of a Prompt Payment Discounts: Responding firms are contract. All demonstrations will be done at the expense of the encouraged to provide prompt payment terms in the space Responding firm. provided on the Bid Form. If no payment discount is 12. BACKGROUND INVESTIGATION offered, the Responding firm shall enter zero (0) for the percentage discount to indicate net 30 days. If the As a part of the Bid evaluation process, the City may Responding firm does not enter a percentage discount, it conduct a background investigation including a criminal record is understood and agreed that the payment terms shall be check of Responding firm's officers and/or employees, by the 2% 10 days, net 30 days effective on the date that the City Broward County Sheriff's Office. Responding firm's submission receives an accurate invoice or accepts the product, of a bid constitutes acknowledgement of and consent to such whichever is the later date. Payment is deemed made on investigation. City shall be the sole judge in determining the date of the mailing of the check. All payments shall be Responding firm's qualifications. 19-22E3—Annual Requirements for Roof Tarps 5 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave "Committed to Excellence...Always" Tamarac, FL 33321 httas:/ttamarac.bidsandtenders.orq The City For Your Life 13. CONDITIONS OF MATERIALS which event the Contractor shall be paid its compensation All materials and products supplied by the Responding firm for services performed to termination date, including in conjunction with this bid shall be new, warranted for their services reasonably related to termination. If the Contractor merchantability, fit for a purpose, free from defects and abandons this Agreement or causes it to be terminated, consistent with industry standards. The products shall be Contractor shall indemnify the city against loss pertaining delivered to the City in excellent condition. If any of the products to this termination. supplied to the City are found to be defective or do not conform c. FUNDING OUT: This agreement shall remain in full to the specifications, the City reserves the right to return the force and effect only if the expenditures provided for in the product to the Responding firm at no cost to the City. Agreement have been appropriated by the City Successful Responding firm shall furnish all guarantees Commission of the City of Tamarac in the annual budget and warranties to the Purchasing Division prior to final for each fiscal year of this Agreement, and is subject to acceptance and payment. The warranty period that may be termination based on lack of funding. specified below shall commence upon final acceptance of the 19. ASSIGNMENT product. The Responding firm shall not transfer or assign the 14. COPYRIGHTS OR PATENT RIGHTS performance required by this bid without the prior written The Responding firm warrants that there has been no consent of the City. Any award issued pursuant to this bid and violation of copyrights or patent rights in manufacturing, monies that may become due hereunder are not assignable producing or selling the goods shipped or ordered because of except with prior written approval of the City. this bid. The seller agrees to hold the City harmless from all No such approval will be construed as making the City a part of liability, loss or expense occasioned by any such violation. or to such assignment, or subjecting the City to liability of any 15. SAFETY STANDARDS kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of its liability The Responding firm warrants that the product(s)supplied and obligation under this contract, and despite any such to the City conform with all respects to the standards set forth assignment, the City shall deal through the Contractor only. in the Occupational Safety and Health Act of 1970 as amended, However, if the company is sold during the life of the contract, and shall follow Chapter 442, Florida Statutes as well as any the buying agent must provide the City with a letter signed by industry standards, if applicable. Any toxic substance listed in an officer of the new owner who can legally bind the company, Section 38F-41.03 of the Florida Administrative Code delivered stating that they will continue to perform the requirements of the because of this order must be accompanied by a completed contract in compliance with all the terms, conditions, and Material Safety Data Sheet(MSDS). specifications so stated in the contract. 16. PERFORMANCE 20. EMPLOYEES Failure on the part of the Quoting firm to comply with the Employees of the Responding firm shall always be under conditions, terms, specifications and requirements of the bid its sole direction and not an employee or agent of the City.The shall be just cause for cancellation of the bid award; Responding firm shall supply competent and physically capable notwithstanding any additional requirements enumerated in the employees. The City may require the Responding firm to Special conditions herein relating to performance based remove an employee it deems careless, incompetent, contracting. The City may, by written notice to the Responding insubordinate or otherwise objectionable. Responding firm shall firm, terminate the contract for failure to perform. The date of be responsible to the City for all acts and omissions of all termination shall be stated in the notice. The City shall be the employees working under its directions. sole judge of nonperformance. 21. NON-DISCRIMINATION & EQUAL OPPORTUNITY 17. INSPECTION EMPLOYMENT The City shall have the right to inspect any materials, During the performance of the Contract, the successful components, equipment, supplies, services or completed work Contractor and its subcontractors shall not discriminate against specified herein. Any of said items not complying with these any employee or applicant for employment because of race, specifications are subject to rejection at the option of the City. color, sex including pregnancy, religion, age, national origin, Any items rejected shall be removed from the premises of the marital status, political affiliation, familial status, sexual City and/or replaced at the entire expense of the successful orientation, gender identity and expression, or disability if vendor. qualified. The Contractor will take affirmative action to ensure 18. TERMINATION that employees and those of its subcontractors are treated a. DEFAULT: In addition to all other remedies available to during employment, without regard to their race, color, sex the City,this Agreement shall be subject to cancellation by including pregnancy, religion, age, national origin, marital the City for cause, should the Contractor neglect or fail to status, political affiliation, familial status, sexual orientation, perform or observe any of the terms,provisions,conditions, gender identity or expression, or disability if qualified. Such or requirements herein contained, if such neglect or failure actions must include, but not be limited to, the following: shall continue for a period of thirty (30) days after receipt employment, promotion, demotion or transfer, recruitment or by Contractor of written notice of such neglect or failure. recruitment advertising, layoff or termination, rates of pay or b. TERMINATION FOR CONVENIENCE OF CITY: other forms of compensation, and selection for training, Notwithstanding any additional requirements for including apprenticeship. The Contractor and its performance based contracting contained in the special subcontractors shall agree to post in conspicuous places, conditions herein, the final Agreement may be terminated available to its employees and applicants for employment, by the City for convenience, upon seven(7)days of written notices to be provided by the contracting officer setting forth the notice by the City to the Contractor for such termination in provisions of this nondiscrimination clause. The Contractor 19 228—Annual Requirements for Roof Tarps 6 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave " , "Committed to Excellence...Always" Tamarac, FL 33321 https:/Itamarac.bidsandtenders.orq The City For Your Life further agrees that he/she will ensure that all subcontractors, if City with evidence of such coverage in the form of an insurance any, will be made aware of and will comply with this certificate and endorsement. The Responding firm will ensure nondiscrimination clause. that all subcontractors will comply with the above guidelines and 22. TAXES will maintain the necessary coverage throughout the term of this Agreement. The City of Tamarac is exempt from all Federal, State,and All insurance carriers shall be rated at least A-VII per A.M. Local taxes. An exemption certificate will be provided where Best's Key Rating Guide and be licensed to do business in applicable upon request. Florida. Policies shall be "Occurrence" form. Each carrier will 23. OMISSION OF DETAILS give the City sixty(60)days' notice prior to cancellation. Omission of any essential details from the terms or specifications contained herein will not relieve the Responding The Responding firm's liability insurance policies shall be firm of supplying such product(s)as specified. endorsed to add the City of Tamarac as an"additional insured". 24. INSURANCE REQUIREMENTS The Responding Firm's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Responding Except for contract requirements where goods are drop- firm shall be responsible for the payment of all deductibles and shipped to the City, responding firm agrees to, in the self-insured retentions. performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations The City may require that the Responding firm purchase a now in effect, or hereinafter enacted during the term of this bond to cover the full amount of the deductible or self-insured agreement that are applicable to Contractor, its employees, retention. If the Responding firm is to provide professional agents, or subcontractors, if any, with respect to the work and services under this Agreement, the Responding firm must services described herein. provide the City with evidence of Professional Liability Responding firm shall obtain at Responding firrn's expense insurance with, at a minimum, a limit of $1,000,000 per all necessary insurance in such form and amount as required occurrence and in the aggregate. "Claims-Made" forms are by the City's Risk&Safety Officer before beginning work under acceptable for Professional Liability insurance. A sample this Agreement. Responding firm shall maintain such insurance Insurance certificate validating that the responding firm has the in full force and effect during the life of this Agreement. required insurance coverage that will meets the requirements Responding firm shall provide to the City's Risk&Safety Officer outlined herein must be uploaded with Responding firm's bid. certificates of all insurance required under this section prior to 25. INDEMNIFICATION beginning any work under this Agreement. Responding firm shall indemnify and save the City harmless from any damage The Responding firm shall indemnify and hold harmless the City resulting to it for failure of either Responding firm or any of Tamarac, its elected and appointed officials and employees subcontractor to obtain or maintain such insurance. from any and all claims, suits, actions, damages, liability, and The following are required types and minimum limits of expenses (including attorneys' fees) in connection with loss of insurance coverage, which the Responding firm agrees to life,bodily or personal injury,or property damage,including loss maintain during the term of this contract: of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of The following are required types and minimum limits of the Responding firm or its Subcontractors, agents, officers, insurance coverage,which the Bidder agrees to maintain during employees or independent contractors, excepting only such the term of this contract: loss of life, bodily or personal injury, or property damage solely Insurance Requirements attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and Line of Business/Coverage Occurrence I Aggregate employees. City reserves the right to select its own legal Limits counsel to conduct any defense in any such proceeding and all Commercial General Liability induding: costs and fees associated therewith shall be the responsibility Premises/Operations of Contractor under the indemnification agreement. Contractual Liability 26. INDEPENDENT CONTRACTOR Personal Injury An Agreement resulting from this solicitation does not create an Explosion,Collapse,Underground Hazard $1,000,000 $1,000,000 employee/employer relationship between the Parties. It is the Produds/Completed Operation intent of the Parties that the successful Contractor is an Broad Form Property Damage independent contractor under this Agreement and not the City's Cross Liability and Severability of employee for any purposes, including but not limited to, the Interest Clause application of the Fair Labor Standards Act minimum wage and Automobile Liability $1,000,000.00 $1,000,000.00 overtime payments, Federal Insurance Contribution Act, the Workers'Compensation& Social Security Act, the Federal Unemployment Tax Act, the Employer's Liability Statutory provisions of the Internal Revenue Code, the State Worker's The City reserves the right to require higher limits Compensation Act, and the State Unemployment Insurance depending upon the scope of work under this Agreement law. Thudg Contractor shall retainne sole and absolute dnon in t that may be outlined below. the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, Neither Responding firm nor any subcontractor shall further that administrative procedures applicable to services of commence work under this contract until they have obtained all rendered under anyp potentialies o Agreementshall shall conflictb thosewith insurance required under this section and have supplied the Contractor, which policies of Contractor not with City, State, or United States policies, rules or regulations 19-228—Annual Requirements for Roof Tarps 7 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave ,�rf "'�,,,,.1.` "Committed to Excellence...Always" Tamarac, FL 33321 ,/ `� httas://tamarac.bidsandtenders.orq The City For Your Life relating to the use of Contractor's funds provided for herein. to contact information may be requested by contacting Bids and The Contractor agrees that it is a separate and independent Tenders at support@bidsandtenders.org. enterprise from the City,that it had full opportunity to find other Y8. BID TABULATION business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform When a RFP or bid Closes an unofficial bid, tab will be posted the work. Any potential Agreement shall not be construed as online at: https://tamarac.bidsandtenders.orq Responding firms creating any joint employment relationship between the will be able to download the unofficial bid tabulation at the link Contractor and the City, and the City will not be liable for any provided directly above. The City may or may not notify obligation incurred by Contractor, including but not limited to unsuccessful Responding firms of contract awards. unpaid minimum wages and/or overtime premiums. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed 27. CLARIFICATION&ADDENDA bids and quotations or proposals received by an agency pursuant to invitations for bid or requests for proposals are Where there appears to be variances or conflicts between the exempt from the provisions of subsection (1)and s. 24(a), Art. General Terms and Conditions and the Special Conditions I of the State Constitution until such time as the agency provides and/or Detailed Specifications outlined in this quotation, the notice of a decision or intended decision pursuant to F.S. Special Conditions and/or the Detailed Specifications shall §120.57(3) (a), or within 30 days after bid/proposal opening, prevail. whichever is earlier. The Responding firm shall examine all bid documents and shall 29. RECORDS/AUDITS judge all matters relating to the adequacy and accuracy of such 29.1 The City of Tamarac is a public agency subject to documents.If,upon review,any material errors in specifications Chapter 119, Florida Statutes. The Contractor are found, the Responding firm shall contact the Purchasing & shall comply with Florida's Public Records Law. Contracts Division Office immediately. Specifically,the Contractor shall: Any inquires, suggestions, requests concerning clarification,or 29.1.1 Keep and maintain public records required requests for additional information shall be submitted online at by the City to perform the service, https://tamarac.bidsandtenders.orq/. 29.1.2 Upon request from the City's custodian of The City of Tamarac reserves the right to amend this bid prior public records, provide the public agency with a to the bid opening date indicated by written addenda. Written copy of the requested records or allow the records addenda shall serve as the sole means of clarification. The City to be inspected or copied within a reasonable time shall not be responsible for oral interpretations given by any City at a cost that does not exceed the cost provided employee or its representative. .... in this chapter or as otherwise provided by law. SPECIAL NOTE — Addendums will only be issued 29.1.3 Ensure that public records that are exempt electronically through the City's web-site. Vendors will be or confidential and exempt from public records notified of the availability of new solicitations and addendums disclosure requirements are not disclosed except via e-mail (per the vendor's selected commodity choice). as authorized by law for the duration of the It is essential that all vendors receiving a bid or contract term and following completion of the proposal download the document from the City's contract if the contractor does not transfer the web-site. records to the City. w l bidders / proposers must visit 29.1.4 Upon completion of the contract, transfer, Alat no cost to the City, all public records in https://tamarac.bidsandtenders.orq/ to download bid possession of the Contractor, or keep and documents. Bidders must create a New Account with the City's maintain public records required by the City to solicitation distribution partner, bids&tendersTM, and must perform the service. If the Contractor transfers all select the commodity codes for which they wish to be notified. public records to the City upon completion of the Upon selection of commodity codes and the completion of contract, the Contractor shall destroy any registration, bidders will receive electronic e-mail notifications duplicate public records that are exempt or any time new solicitations are uploaded for the specific confidential and exempt from public records commodity codes selected. The notifications will provide disclosure requirements. If the Contractor keeps vendors a link, allowing the vendor to download the package and maintains public records upon completion of and receive all new addendums released by the City for that the contract, the Contractor shall meet all solicitation. It is the Contractor's responsibility to select the applicable requirements for retaining public correct Commodity Code associated with what type of items or records. All records stored electronically must be services they can provide to the City. provided to the City, upon request from the City's custodian of public records in a format that is Upon completion of the registration process,a confirming e-mail compatible with the information technology will be sent to the individual who registered. Addendums will systems of the City. be uploaded to the City's website but regardless of the means 29.2During the term of the contract, the Contractor shall of transmission of an Addendum it is the responsibility of the maintain all books, reports and records in accordance bidder or proposer to ensure that they have received all with generally accepted accounting practices and addendums issued for a solicitation prior to submitting a standards for records directly related to this contract. response. Bidders shall be solely responsible for maintaining The form of all records and reports shall be subject to accurate contact data with the Bids and Tenders. The City shall the approval of the City's Auditor. The Contractor under no circumstances be responsible for and errors or agrees to make available to the City's Auditor, during omissions in vendor's contact information on file with. Updates normal business hours and in Broward, Dade or Palm 19-228—Annual Requirements for Roof Tarps 8 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave ./0�'".%000 "Committed to Excellence...Always" Tamarac, FL 33321 https://tamarac.bidsandtenders.orq The City For Your Life Beach Counties, all books of account, reports and records relating to this contract. 30. 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. 31. 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. 32. 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. • 33. 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 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. 34. OTHER GOVERNMENTAL ENTITIES If a Responding firm is awarded a contract because of this Request for Quotation, 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 Request for Quotation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. 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(afTAMARAC.ORG 19-228—Annual Requirements for Roof Tarps 9 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave I �/"'1,,,,w. "Committed to Excellence...Always" Tamarac,FL 33321 https://tamarac.bidsandtenders.orq The City For Your Life INVITATION TO BID BID NO. 19-22B Sealed Bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received electronically via the City's encrypted procurement management system, bids&tendersTM until 3:00 PM local time, May 29, 2019 for: FURNISH & DELIVER ROOF TARPS 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 eligiblef l to participatein with thepermission of the successful this Agreement w t pe s 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. City reserves the right to reject any or all Bidder, 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://tamarac.bidsandtenders.org/Module/Tenders/en At 41 Ann Marie Corbett Buyer (954) 597-3566 an nmarie.corbett(a�tamarac.orq Publish Sun Sentinel: Sunday, April 28, 2019 19-228—Annual Requirements for Roof Tarps 10 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave " ,,,. "Committed to Excelence...A/ways" Tamarac, FL 33321 https:/Itamarac.bidsandtenders.orq The City For Your Life FLofti a a SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE W A 'JAWSVH)Pa 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 form 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" 19-228—Annual Requirements for Roof Tarps 11 CCITY OF TAMARAC ■AM A RA PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave "Committed to Excellence...Always" Tamarac, FL 33321 httas:gtamarac.bidsandtenders.orq The City For Your Life Following is a list of the agencies participating in this bid and their respective delivery locations: Broward County 1801 NW 64th St, Suite Ft. Lauderdale, FL Carla Taylor- (954) 931-5056 Emergency 101 33309 Bennett (954) 880-7680 Management Division Calvin G. Williams (954) 931-7578 Necole Holton (954) 290-1487 Anthony Allen City of Coconut Creek TBD Coconut Creek, FL Lorie Messer 954-956-1584 City of Coral Springs Central Stores, 4181 Coral Springs, Fl Roxanne 954-344-1103 NW 121 Ave. 33065 Sookdeo City of Tamarac 6011 Nob Hill Road Tamarac, FL 33321 Keith Glatz (954) 597-3570 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 Randy Stovall 954-457-1618 Beach Works, 630 NW 2nd City of North 701 SW 71st Ave. North Lauderdale, FL Sean Lypher (954) 722-0900 Lauderdale 33068 X 4755 City of North Miami 17011 NE 19th Ave. North Miami Beach, FL Meghan (305) 948-2946 Beach North 33162 Bennett City of Riviera Beach 800 West Blue Heron Riviera Beach, FL Pamela Daley (561) 845-4185 Blvd. 33405 City of Sunrise 14150 NW 8th Street Sunrise, FL Gary Smith / (954) 888-6075 Jack Heymers Steve Joseph (954) 888-3295 City of Wilton Manors 2100 N Dixie Highway Wilton Manors, FL Augustus (954) 390-2130 33305 Haynes Village of North Palm 645 Prosperity Farms North Palm Beach, FL Susanne (561) 691-3440 Beach Rd. Hachigian 19-228—Annual Requirements for Roof Tarps 12 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave /'"L/ "" ../ "Committed to Excellence...Always" Tamarac, FL 33321 httas://tamarac.bidsandtenders.orq The City For Your Life ESTIMATED QUANTITIES BY ENTITY -� n :�xh iim NIIaII�iI� '[: 4 X pry[x} 3 IIiI i e a#'tee"r —Idyl �IM'I� 40 �' 3040 t,..xx.... . ,:Ca ...,F.,>... . E Ecoa ewe Ecaa H ',Heavy Broward County Emergency 300 300 300 300 300 250 250 Management Division City of Coconut Creek TBD TBD TBD TBD TBD TBD TBD City of Coral Springs 20 10 City of Tamarac 20 20 20 10 10 City of Hallandale Beach 50 50 50 City of Fort Lauderdale 10 10 10 10 10 10 10 City of North Lauderdale 10 10 20 20 20 30 30 City of North Miami Beach 30 25 10 City of Riviera Beach TBD TBD TBD TBD TBD TBD TBD City of Sunrise 6 4 2 2 1 1 1 City of Wilton Manors TBD TBD TBD TBD TBD TBD TBD • Village of North Palm Beach 50 50 50 50 50 TOTALS 396 444 402 357 401 401 401 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. 19-228-Annual Requirements for Roof Tarps 13 CITY OF TAMARAC TIAtC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave 000r1.0/1,r,..4‘000/ "Committed to Excellence...Always" Tamarac, FL 33321 https:IItamarac.bidsandtenders.orq The City For Your Life BID NO. 19-22B ANNUAL REQUIREMENTS FOR ROOF TARPS INSTRUCTIONS TO BIDDERS 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified bidders, to supply Roof Tarps per the terms, conditions and specifications contained in this document. 2. CONTACT INFORMATION AND QUESTIONS For inquiries regarding this solicitation Bidders must submit questions online at https://tamarac.bidsandtenders.org/Module/Tenders/en 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. 3. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION Document Upload 1 Certified Resolution Document Upload 2 Certification Document Upload 3 Non-Collusive Affidavit and Acknowledgment Non-Collusive Affidavit Document Upload 4 Certificate of insurance Document Upload 5 W9 Bidder must fill out the following on bidsandtendersTM electronic forms: 1. Quote Form 2. At least three (3) references (including name, title, agency, address and telephone number) for persons who can provide information related to the qualifications, capacity, and past experience of your firm. 3. Offeror's Qualification Statement 4. Vendor Drug-free workplace 5. Scrutinized company form Failure to provide the requested attachments may result in your bid being deemed non- responsive. 19-228—Annual Requirements for Roof Tarps 14 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave „ N.. ► "Committed to Excellence...Always" Tamarac,FL 33321 https://tamarac.bidsandtenders.orq The City For Your Life BID NO. 19-22B ANNUAL REQUIREMENTS FOR ROOF TARPS SPECIAL CONDITIONS 1. CONTRACT TERM The contract term shall be for an initial one(1)year period effective 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 given 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. 2. 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. 3. 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 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 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. 19-228—Annual Requirements for Roof Tarps 15 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave / '""�• /�" � "Committed to Excellence...Always" Tamarac,FL 33321 httas://tamarac.bidsandtenders.orq The City For Your Life 4. 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. 1. 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. 6. POST-HURRICANE 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 hurricane event. It is understood that in the aftermath of a hurricane 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. 7. INVOICING Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable cash discounts. 8. 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. 9. 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. 19-228—Annual Requirements for Roof Tarps 16 CCITY OF TAMARAC ■AM ARA PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave #�0/7�/.'�'�,... "Committed to Excellence...Always" Tamarac,FL 33321 https://tamarac.bidsandtenders.orq The City For Your life BID NO. 19-22B ANNUAL REQUIREMENTS FOR ROOF TARPS TECHNICAL SPECIFICATIONS 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. 19-228—Annual Requirements for Roof Tarps 17 CITY OF TAMARAC TAMA RAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave �O"' M/ era / "Committed to Excellence...Always" Tamarac,FL 33321 https://tamarac.bidsandtenders.orq The City For Your Life BID NO. 19-22B ANNUAL REQUIREMENTS FOR ROOF TARPS BID FORM Please submit your price proposal online using the electronic Bid form. The below form is for reference only. 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. We propose to furnish the following in conformity with the specifications and at the prices indicated below. Said bid prices have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder upon successful completion of its obligation as specified in the contract documents. _ ' , i } k wigItwitprice toss cost Tarp, Economy, Estimated Qty: 15' x 20'. 396 $ $ $ (Please price the Estimated Quantity $ $_ based on quantities less 10-100 $ $ than 10 and provide 101-500 EA $ $ pricing for quantity 501-1000 $ $ breaks as shown.) 1001+ Tarp, Economy, Estimated Qty: 20' x 30'. 444 $ $ $ (Please price the Estimated Quantity 10-100 $ $ based on quantities less 101-500 $ $ than 10 and provide 501-1000 EA $ $ pricing for quantity 1001+ $ $ breaks as shown.) Tarp, Economy, Estimated Qty: 25' x 40'. 402 $ $ $ (Please price the Estimated Quantity 10-100 $ $ based on quantities less 101-500 EA $ $ than 10 and provide 501-1000 $ $ pricing for quantity 1001+ $ $ breaks as shown.) Tarp, Economy, Estimated Qty: 30' x 40'. 357 $ $ $ (Please price the EA Estimated Quantity 10-100 $ $ based on quantities less 101-500 $ $ 19-228—Annual Requirements for Roof Tarps 18 CITY OF TAMARAC TAMAR C PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave / "��/ + " l'"r•16./° "Committed to Excellence...Always" Tamarac, FL 33321 https:/Itamarac.bidsandtenders.orq The City For Your Life than 10 and provide 501-1000 $ $ pricing for quantity 1001+ $ $ breaks as shown.) Tarp, Economy, Estimated Qty: 30' x 50'. 401 EA $ $ $ (Please price the $ $ Estimated Quantity 10-100 $ $ based on quantities less 101-500 $ $ than 10 and provide 501-1000 $ $ pricing for quantity 1001+ breaks as shown.) Tarp, Heavy Grade, Estimated Qty: 30' x 40'. 401 EA $ $ $ (Please price the 10-100 $ $ Estimated Quantity 101-500 $ $ based on quantities less 501-1000 $ $ than 10 and provide 1001+ $ $ pricing for quantity breaks as shown.) Tarp, Heavy Grade, 30' Estimated Qty: x 50'. 401 EA $ $ $ (Please price the 10-100 $ $ Estimated Quantity 101-500 $ $ based on quantities less 501-1000 $ $ than 10 and provide 1001+ $ $ pricing for quantity breaks as shown.) TOTAL FOR ESTIMATED QUANTITY ITEMS $ 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. LFT $ $ $ 19-228-Annual Requirements for Roof Tarps 19 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave •��,I rr�/ "Committed to Excellence...Always" Tamarac,FL 33321 httos://tamarac.bidsandtenders.orq The City For Your Life 1. By submitting the Bid Form electronically, the Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this quote. 2. 'This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. 3. Bidder has familiarized contract documents, ed itself with the nature and extent of the locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 4. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. 5. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 6. Bidder will supply I the products at the prices shown in the "Bid Form". 7. Bidder agrees that the products will substantially perform in accordance with the schedules established herein. 8. The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. 19-228—Annual Requirements for Roof Tarps 20 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave .ri „nww "Committed to Excellence...Always" Tamarac, FL 33321 � https:IItamarac.bidsandtenders.orq The City For Your Life BID NO. 19-22B ANNUAL REQUIREMENTS FOR ROOF TARPS BID CHECKLIST BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. 2. Properly fill out the Bid Form online at: https://tamarac.bidsandtenders.orq/Module/Tenders/en. 3. Fill out and sign the Non-Collusive Affidavit and have it properly notarized. 4. Sign the Certification page. Failure to do so will result in your Bid being deemed non-responsive. 5. Fill the electronic Offeror's Qualification Statement. 6. Fill out the electronic Reference Form. 7. Fill out the electronic Vendor Drug Free Workplace Form. 8. Fill out and sign the Certified Resolution. 9. Electronically accept the Scrutinized Companies form _ 10. Include proof of insurance and W9 Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non-responsive. BEFORE SUBMITTING YOUR ONLINE QUOTE, YOU MUST START BY ACCESSING THE FOLLOWING LINK: https://tamarac.bidsandtenders.orq/Module/Tenders/en 19-228-Annual Requirements for Roof Tarps 21 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave „ /'tr�e"1""� .+�' "Committed to Excellence...Always" Tamarac, FL 33321 httas:/Itamarac.bidsandtenders.orq The City For Your Life SAMPLE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this day of , 2019 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 a corporation with principal offices located at (the "Contractor") to provide for 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. 19-22B, Annual Agreement for Roof Tarps, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, 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 No. 19- 22E as issued by the City, and the Contractor's Proposal, dated the bid as issued by the City shall take precedence over the Contractor's Proposal. 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 tarps in the size and grade as ordered by the City or other member of the Co-op as outlined in the contract documents and Bid No. 19-22B. 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. When required by the City, the Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in 19-228—Annual Requirements for Roof Tarps 22 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave 4,000.11100000. "Committed to Excellence...Always" Tamarac, FL 33321https://tamarac.bidsandtenders.orq The City For Your Ltfe 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, 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 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. 4) Contract Term The term of this Agreement shall be for one (1) year period from the effective date of this Agreement. This Agreement may be renewed for up to three (3) additional one (1) year terms at the same terms and conditions as the original term, upon mutual agreement of both parties. 5) Pricing 5.1 Pricing shall be as provided in Contractor's bid included herein. 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 and 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. 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. 19-228—Annual Requirements for Roof Tarps 23 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave 00°.°" ,.. / "Committed to Excellence...Always" Tamarac, FL 33321 https:/Itamarac.bidsandtenders.orq The City For Your Life 6.2 Each member of the Co-op shall be responsible for their payment arrangements. 7) 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. 8) Indemnification 8.1 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. 8.2 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. 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. 8.3 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. 19-228—Annual Requirements for Roof Tarps 24 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave /L0.°1,,,,,*.6.000/ "Committed to Excellence...Always" Tamarac, FL 33321 https://tamarac.bidsandtenders.orq The City For Your Life 9) Non-Discrimination & Equal Opportunity Employment 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, 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 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) 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. 11) 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. 19-228—Annual Requirements for Roof Tarps 25 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave /� ""' ,..■ / "Committed to Excelence...Always" Tamarac, FL 33321 https:lltamarac.bidsandtenders.orq The City For Your Life 12) 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 City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 13) Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the other party 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. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 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. 19-228—Annual Requirements for Roof Tarps 26 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave "Committed to Excellence...Always" Tamarac, FL 33321 httas:l/tamarac.bidsandtenders.orq The City For Your Life 14) Uncontrollable Forces 14.1 Notwithstanding the specific scope of this Agreement, 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. 14.2 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. 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 the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement 19-228—Annual Requirements for Roof Tarps 27 CITY OF TAMARAC ■AM RAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave s/ uw0/ "Committed to Excellence...Always" Tamarac, FL 33321 https://tamarac.bidsandtenders.orq The City For Your Life of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) 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. 20) 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. 21) Scrutinized Companies -- 287.135 and 215.473 21.1 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. 21.2 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, BCG 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. 19-228—Annual Requirements for Roof Tarps 28 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave 400M ,r/°Ir"1%.r0° "Committed to Excellence...Always" Tamarac, FL 33321 https://tamarac.bidsandtenders.orq The City For Your Life 22) Public Records 22.1 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: 22.1.1 Keep and maintain public records required by the City in order to perform the service; 22.1.2 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. 22.1.3 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. 22.1.4 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. 22.2 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. PUBLIC RECORDS CUSTODIAN 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: 19-228—Annual Requirements for Roof Tarps 29 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave /�0/'° .�/ "Committed to Excelence...Always" Tamarac, FL 33321 https:l/tamarac.bidsandtenders.orq The City For Your Life CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK(a.TAMARAC.ORG Remainder of page is intentionally left blank 19-228—Annual Requirements for Roof Tarps 30 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave "Committed to Excellence...A/ways" Tamarac, FL 33321 httus://tamarac.bidsandtenders.orq The City For Your Life 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 duly authorized to execute same. CITY OF TAMARAC Michelle J. Gomez, Mayor Date ATTEST: Michael C. Cernech, City Manager Patricia A. Teufel, CMC Date City Clerk Approved as to form and legal sufficiency: Date City Attorney Date ATTEST: Company Name Signature of Corporate Secretary Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date 19-228—Annual Requirements for Roof Tarps 31 CITY OF TAMARAC ■AMRC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave �r.'"� 1..rlyerr► "Committed to Excellence...Always" Tamarac, FL 33321 https:lltamarac.bidsandtenders.orq The City For Your Life 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 Countyaforesaid to take acknowledgments, personallyappeared 9 PP , 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 , 2015. 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 I I DID NOT take an oath. 19-22B—Annual Requirements for Roof Tarps 32 TR 13293 - Exhibit 2 19-22B - FURNISH & DELIVER ROOF TARPS - Quote Form - Bid Form All In Safety Corp Line Item Description Quantity Unit Unit Price Freight per Unit Total Tarp Economy 15'x 20'. (Please 396 EA $8.98 1.55 $3,556.08 price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 1 Tarp Economy 20'x 30'. (Please 444 EA $ 17.95 1.75 $7,969.80 price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 2 Tarp Economy 25'x 40'. (Please 402 EA $ 29.95 1.85 $12,039.90 price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 3 • Tarp Economy 30' x 40'. (Please 357 EA $ 35.00 1.25 $12,495.00 price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 4 Tarp Economy 30'x 50'. (Please 401 EA $43.00 1.25 $17,243.00 price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 5 Tarp Heavy Grade 30'x 40'. 401 EA $59.00 1.25 $23,659.00 (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 6 Tarp Heavy Grade 30'x 50'. 401 EA $ 74.00 1.25 $29,674.00 (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 7 Subtotal: $106,636.78 TR#13293 —Exhibit 3 19-22B - FURNISH & DELIVER ROOF TARPS Opening Date:April 28,2019 9:00 AM Closing Date: May 29,2019 3:00 PM Vendor Details Company Name: All In Safety Corp Does your company conduct business under any other name?If yes,please NY state: 44 Skillman St Ste 5 L Address: Brooklyn,NY 11205 Contact: Moshe Follman Email: sales@allinsafety.com Phone: 718-812-0968 Fax: 718-689-1442 HST#: 461207064 Submission Details Created On: Thursday May 02,2019 14:46:48 Submitted On: Thursday May 16,2019 13:38:07 Submitted By: Moshe Follman Email: sales@allinsafety.com Transaction#: db9f3bd5-02d5-48f6-a86f-b561dc8fd716 Submitter's IP Address: 71.105.158.176 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 funds are to be submitted in USD currency. Bid Form We propose to furnish the following in conformity with the specifications and at the prices indicated below.Said bid prices have been checked and certified to be correct.Said prices are fixed and firm and shall be paid to Bidder upon successful completion of its obligation as specified in the contract documents. 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. 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. Tarp, Economy, 15'x 20'. (Please price the Estimated Quantity based on quantities 396 EA $8.9800 1.55 $3,556.08 less than 10 and provide pricing for quantity breaks as shown.) ##7.f164Kt f.TS ©Tarp, Economy, 25'x 40'. (Please price the Estimated Quantity based on quantities 402 EA $29.9500 1.85 $12,039.90 less than 10 and provide pricing for quantity breaks as shown.) 1.25 ©Tarp, Economy, 30'x 50'. (Please price the Estimated Quantity based on quantities 401 EA $43.0000 1.25 $17,243.00 less than 10 and provide pricing for quantity breaks as shown.) 6•^ __ r . ::,„ - ., 79r6B4adit•°f B A d = � IITarp, Heavy Grade, 30'x 50'. (Please price the Estimated Quantity based on 401 EA $74.0000 1.25 $29,674.00 quantities less than 10 and provide pricing for quantity breaks as shown.) Subtotal: $106,636.78 Bid Form-QUANTITY BREAKS We propose to furnish the following in conformity with the specifications and at the prices indicated below.Said bid prices have been checked and certified to be correct.Said prices are fixed and firm and shall be paid to Bidder upon successful completion of its obligation as specified in the contract documents. 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. 1 QUANTITY 10-10D 10 EA $22.0000 .25 $220.00 Tarp, Economy, 15'x 20'. (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 2 ;Wiwitl , = 1 - $13. .25 $1,at3.00 si:isEl , 1 rrk arm art 3 QUANTITY 501-1000 501 EA $12.0000 .25 $6,012.00 Tarp, Economy, 15'x 20'. (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) * 30i FA $12.0000 .35 P$12,012.00 Tagl ffi ) llM astAuss w _ • yp lain MarF' --/MIai1! M�r� 5 QUANTITY 10-100 10 EA $30.0000 .25 $300.00 Tarp, Economy, 20'x 30'. (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) S .dTfl n 101 -EA E45.0000 E 2 5 5 00 wrtMrawl `'Irltsllil� 7 QUANTITY 501-1000 501 EA $19.0000 .25 $9,519.00 Tarp, Economy, 20'x 30'. (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) $ * �m -1001 EA 1152000. .25 $1S,01R00 „41- awWrrira"jl�lilMirM � � MIa4t ON aaRAYfea 9 QUANTITY 10-100 10 EA $33.0000 .25 $330.00 Tarp, Economy, 25'x 40'. (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 10 li' EA 'Sat #1 ' x '�1�0k� 111 irikrli itt*SellwI 11 QUANTITY 501-1000 501 EA $34.0000 .25 $17,034.00 Tarp, Economy,25'x 40'.(Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 1pllI IIIFMtd4li 1EMIMbk1 ;r + .. ML_j1 ..mn S 13 QUANTITY 10-100 10 EA $38.0000 25 $380.00 Tarp, Economy, 30'x 40'. (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 14 {x1� °llii V .4411,01:60 25 4"krOgg00 15 QUANTITY 501-1000 501 EA $35.0000 .25 $17,535.00 Tarp, Economy, 30'x 40'. (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) :1 01 435.0000 25 $95,097.00 tlM0�0 17 QUANTITY 10-100 10 EA $49.0000 .25 $490.00 Tarp, Economy, 30'x 50'. (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) t8 1 7 104 F/s $45.00C ,25= 0i SIBAO 19 QUANTITY 501-1000 501 EA $43.0000 .25 $21,543.00 Tarp, Economy, 30'x 50'. (Please pace the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) • s it s it 9 a 100t: N i + 25k1211166 ro .two- Ylk 21 QUANTITY 10-100 10 EA $65.0000 .25 $650.00 Tarp, Heavy Grade, 30'x 40'. (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 22 i( 40I EA :455.0000 .25, 45,459:00 i 23 QUANTITY 501-1000 501 EA $56.0000 .25 $26,056.00 Tarp, Heavy Grade, 30'x 40'. (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) Il all`• • 6iu1 sMf • 25 QUANTITY 10-100 10 EA $85.0000 `.25 $850.00 Tarp, Heavy Grade, 30'x 50'. (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 3E inO III'null p n . ��. mr 101 FX �f.0000 %25 >E#.iR�.00 27 QUANTITY 501-1000 501 EA $74.0000 .25 $37,074.00 Tarp, Heavy Grade, 30'x 50'. (Please price the Estimated Quantity based on quantities less than 10 and provide pricing for quantity breaks as shown.) 'ss= , 19Et1° EA €7`4.0000 .25 V74,51k00 laps i 00110 iMMrjMIO lkk a rGwn) OPTIONAL PRICING 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. If We will not be submitting for OPTIONAL PRICING Industrial Bungee Cord. 24"long, dual hook ends 1 EA -n • ©Fastener, 10d common galvanized nails 1 LB --- y 4+TIP"' :^aiMe.. -�" .' :.. _ Lam'. 1111.111111111.111101.11.11.11.11 Summary Table Bid Form $106,636.78 Sxrtlulaf tli SriYsfartm T lii Bid Questions TERMS: %(percent discount,if any,if payment made within DAYS;otherwise,terms are NET 30 0 days. The City of Tamarac desires to have the ability to use a city credit card for payment.Will your firm accept a Visa credit card as payment from the City of Tamarac?TYPE: yes YES or NO We propose to fumish the following in conformity with the specifications and technical requirements listed under the Technical Specifications in Bid 19-22B.All roof tarps yes quoted are per the required technical specifications. Specifications BIDDER'S QUALIFICATION STATEMENT r:T II n/a no no r Yes f: No r`Yes f'Yes n/a Manufacturer aYes CO No f•No C No Scrutinized Companies and Boycott of Israel I certify that my company will not 1. Participate in a boycott of Israel;and 2. Is not on the Scrutinized Companies that Boycott Israel List;and 3. Is not on the Scrutinized Companies with Activities in Sudan List;and 4. Is not on the.Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety(90)days following recelipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to florida Statute§ 287.135.Section 287.135,Florida Statutes,prohibits the City from: 1)Contracting with companies for goods or services in any amount if at the time of bidding on,submitting a proposal for,or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,F.S.or is engaged in a boycott of Israel;and 2)Contracting with companies,for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list,created pursuant to s.215.473,or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor,I hereby certify that the company identified above in the section entitled"Contractor Name"does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List,is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List,and is not engaged in business operations in Syria.I understand that pursuant to section 287.135,Florida Statutes,the submission of a false certification may subject the company to civil penalties,attomey's fees, and/or costs.I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed oin the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. b axa. p: rya •-.. a, �,m x-ate..-� q:J „':r(- 'aT`_ _._ w....::.:. �i..-max-,.,_.,._=,A�..,.,�+sr,.�:e.. ..s:.-:w-.w.aw���•�..+-�aar. :_,�. —,#'�--"� -.:... a Yes r No By execution of this Agreement,Contractor certifies that the Contractor is not participating in a boycott of Israel.The 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 the Contractor been engaged in business operations in Cuba or 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.The 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,the 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 the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time. 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. .ash,.s ex..,te h. ) a -rv�-�..rvW .�"�W li+k�. ,Y<Soc^�Lm �5 .5�Y.xia= '� �`w: CO Yes r No References References Please list govemment agencies and/or private firms with whom you have done business during the last five years: Al Foam and Spray 544 Park ay Brooklyn NY 11205 917-202-2780 Leiby Yakabowitz Atfoaminsulation� , gmail.com 100001,s NY 11205 Ttisarmam Shia Botarilz apeiblemdessiely 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 Bid Call Document may be rejected. • Certified Resolution-certifeid res.pdf-Thursday May 09,2019 12:58'55 • Certification-certification.pdf-Thursday May 09,2019 12:59:05 • Non-Collusive Affidavit-non.pdf-Thursday May 09,2019 13:03:10 • W9-w9.pdf-Thursday May 09,2019 12:59:21 • Certificate of Insurance-Pm_Cert2016.pdf-Thursday May 09,2019 13:29:43 • Required Specifications-specs.pdf-Thursday May 09,2019 12:59:32 Addenda,Terms and Conditions General Terms and Conditions 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.SUBMISSION OF THE BID The Responding firm is directed to submit all bids online at:httos://tamarac bidsandtenders org/Module/Tenders/en 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. 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. 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 sixty(60)calendar days from the date of the bid opening unless otherwise stated by the City. 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. 2.TYPES OF SOLICITATIONS ISSUED BY THE BID Anytime the City releases a new solicitation it will contain a suffix of one of the following types: B=Invitation for Bid(ITB) R=Request for Proposal(RFP) L=Letter of interest(LOI) Q=Request for Qualifications(RFQ) 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, 3.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 httos://tamarac.bidsandtenders.oru/Module/Tenders/en This must be requested prior to the bid opening date and time 4.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 5.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,proprietor,associate or agent who is also a public officer or employee of the City or any of its agencies. 6.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. 7.PRICES,PAYMENTS,DISCOUNTS&ELECTRONIC PAYMENTS 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 sixty(60)calendar days,or ninety(90)calendar days 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. 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 2%10 days,net 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) 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 httos://tamarac.seamlessdocs.com/f/DirectDeoosit Please contact the Purchasing&Contracts Division at the number shown on this solicitation document herein as the first point of contact for more information. 8.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 9.MANUFACTURER'S NAME&APPROVED EQUIVALENTS Manufacturer's name,trade name,brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired,and are not intended to restrict competition unless otherwise specified in the bid.The Responding firm may offer any brand which meets or exceeds the specifications for any item(s)unless the specification specifically requires the use of a certain brand or model to provide for compatibility with existing items already in place at the City.If bids are based on equivalent products,indicate on the bid form the manufacturer's name and model/catalog number.Responding firm shall submit complete descriptive literature and/or specifications with the bid.The burden of proof for specification compliance is solely on the Responding firm.The City reserves the right to be the sole judge of what is equal and acceptable.Failure to provide this information within three(3)business days of the City's request may be grounds for bid disqualification.If Responding firm fails to name a substitute,it will be assumed that the Responding firm has submitted a bid which conforms in all aspects to the requirements of the bid document,and that the Responding firm intends to furnish goods identical to the bid standard. 10.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. 11.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 Sheriffs 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. 12.CONDITION 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. 13.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. 14.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). 15.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. 16.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. 17.TERMINATION 17.1 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. 17.2 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. 17.3 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. 18.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. 19.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 direction. 20. 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 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. 21. TAXES The City of Tamarac is exempt from all Federal,State,and Local taxes.An exemption certificate will be provided where applicable upon request. 22. 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. 23.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 Responding firm agrees to maintain during the term of this contract: The following are an example of the required types and minimum limits of insurance coverage,which the Bidder agrees to maintain during the term of this contract: 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 an"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. 24. 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. 25. 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. 26. CLARIFICATION ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this quotation,the Special Conditions and/or the Detailed Specifications shall prevail. 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 material errors in specifications are found,the Responding firm shall contact the Purchasing&Contracts Division Office immediately. Any inquires,suggestions,requests concerning clarification,or requests for additional information shall be submitted online at https://tamarac.bidsandtenders.org/.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 web-site.Vendors will be notified of the availability of new solicitations and addendums via e-mail(per the vendor's selected commodity choice).It is essential that all vendors receiving a bid or proposal download the document from the City's web-site. All bidders/proposers must visit https://tamarac,bidsandtenders.org/to download bid documents.Bidders must create a New Account with the City's solicitation distribution partner, bids&tendersT.,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. 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. 27. BID TABULATION When a IFB or bid Closes an unofficial bid,tab will be posted online at:https://tamarac.bidsandtenders,orq 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. 28. RECORDS/AUDITS 28.1 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: A. Keep and maintain public records required by the City to perform the service; B. 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. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. D. 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. tf 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. 28.2 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. 28.3 Duringthe term of the contract,the Contractorstandards for o shall maintain all books,reports and records in accordance with generally accepted accounting practices and o 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. 29.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. • 30.UNIT PRICES • Where a discrepancy between unit price and total price is indicated on a Responding frm's online submitted Schedule of Bid Prices or Price Proposal Form,the unit prices shall prevail. 31.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. 32.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 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. 33.OTHER GOVERNMENTAL ENTITIES If a Responding firm is awarded a contract because of this Request for Quotation,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 Request for Quotation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. 34.GRANT FUNDED PROJECTS Federal Procurement Standards include Title 2 CFR Part 200,which requires the non-Federal entity(City of Tamarac)to conduct procurements in a manner that prohibit the use of statutorily or administratively imposed in-State or local geographic preferences in the evaluation of bids or proposals.Therefore,consistent with Title 2 CFR Section 200.319(b), the Office of Economic and Small Business Development(OESBD)is unable to establish a County Business Enterprise(CBE)goal on this project. Title 2 CFR Part 200 requires the City of Tamarac take all necessary affirmative steps to assure that minority firms,women's business enterprises,and labor surplus area firms are used when possible.Section 200.321 requires the non-Federal entity(City of Tamarac)to take the following necessary affirmative steps in its procurement process: (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. 35.SCRUTINIZED COMPANIES—287.135 and 215.473 33.1 By executing this bid, 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. 33.2 Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the successful 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. 36.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 ITYC LE RK@TA MARAC.ORG Fr We(I),the undersigned,hereby agree to furnish the item(s)/service(s)described in the Request of Quotation.We(I)certify that we(I)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 Request for Quotation - moshe follman,owner The bidder shall declare any potential conflict of interest that could arise from bidding on this bid.Do you have a potential conflict of interest'?• Yes • No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. ;Jr qll _ 9� ` ° I Rev*t.v.dtb � �e., .�.. �� _ � .��� :'_ yid' 11- , E 19-228 Addendum 1 OF Thu May 16 2019 09A3 AM 2 '.. FY ,fit- MARA C APURCHASING AND CONTRACTS DIVISION tSIi)rV 52 i NW s/_a Av '"Committed to Excellence .4hv ys ama P 32 https:i/tamarac.bidsandtenders.orq The City For Your Life AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL IN SAFETY CORPORATION THIS AGREEMENT is made and entered into this day of , 2019 by and between the City of Tamarac, a municipal corporation wit" principal offices 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 44 Skillman Street, Suite 5L, Brooklyn, New York 11205 (the "Contractor") to provide for 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, Invitation for Bid Document No. 19-22B, "Furnish and Deliver Roof Tarps" issued April 28, 2019, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, 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 Invitation for Bid No. 19-22B, "Furnish and Deliver Roof Tarps" for as issued by the City, and the Contractor's Proposal, dated May 29, 2019, the bid as issued by the City shall take precedence over the Contractor's Proposal. 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 tarps in the size and grade as ordered by the City or other member of the Co-op as outlined in the contract documents and Invitation for Bid No. 19-22B. 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. 19-228-Agreement for Roof Tarps 1 s1;'J7 Y Of- TAMARAC TAM ARAC PURCHASING AND CONTRACTS DIVISION 7525 N!N 88th Ave "Committed to Excellence,..Always" I amater, 1 l. 33321 https:lltamarac.bidsandtenders.orq The City For Your Life 3) Insurance 3.1. When required by the City, the 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, 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 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 d uctibles and self-insurance retentions on Contractor's Liability Insur ce olicies. 4) Contract Term i/L j 7 / /9 if "0U\ The term of this Agree ent sh be for one a 1) year period from the effective date of July 8, 2019. This Agre may be renewed for up to three (3) additional one (1) year terms at the same terms and conditions as the original term, upon satisfactory performance and the mutual agreement of both parties. 5) Pricing 5.1 Pricing shall be as provided in Contractor's bid incorporated herein, and shown in Exhibit A attached hereto. 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 and 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 19-228-Agreement for Roof Tarps 2 v .71= TA A;RA C PtIRCIf4SfNG AND CONTRACTS DIVISION s..'. NW 88th Ave "Com:totted to Excellence. Aiwa): ?o_a a, FL 3A33.21 httos:l/tamarac.bidsandtenders.orq The City For Your Life circumstances will the Contractor be permitted to request additional profit. The City will accept a price decrease at any time. 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) 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. 8) Indemnification 8.1 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. 8.2 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. 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 19-228—Agreement for Roof Tarps 3 • MARAC T A . A ID A PtiRCt1ASING AND t"OhTR4CTS 0,viSrOA WV';iF?th d' ;; t.L7rlir7Fittetl to 1":&'i.e lencE°. httpsaltamarac.bidsandtenders.orq The City For Your Life therewith shall be the responsibility of Contractor under the indemnification agreement. 1.3 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. 9) Non-Discrimination & Equal Opportunity Employment 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, 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 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) 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 19-22B—Agreement for Roof Tarps 4 3 11 Y 01" TAIVILIF,AC C PURCHASING AND CONTRACTS DIVISION 1t213 NW 811th AVC, Excellence Fl 3,3321 1 httpsaltamarac.bidsandtenders.orq The City For Your Lite 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. 11) 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. 12) 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 City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR All In Safety Corporation 44 Skillman Street, Suite 5 L Brooklyn, NY 11205 Attn: Moshe Follman (718) 812-0968 Fax: (718) 680-1442 E-mail: sales@allinsafety.com 13) Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the other party 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. In the event that the Contractor 19-22B—Agreement for Roof Tarps 5 • I AM a RA< PURCHASING C a L>CONTRACTS nL re 3t VISION eala?ec, 33321 httpsaltamarac.bidsandtenders.orq The City For Your Life abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 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. 14) Uncontrollable Forces 14.1 Notwithstanding the specific scope of this Agreement, 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. 14.2 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. 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 19-228—Agreement for Roof Tarps 6 II Y . 411'7,1RAC A T ii Cr t S NG AND CON',RAC T'S Z')i.f`iS i`;t' NW 38th "Committed to Excetionce °'?F33327 https://tamarac.bidsandtenders.orq The City For Your Life 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 the 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 the enforceability of that provision or of the remainder of this Agreement. 19) 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. 20) 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. 21) Scrutinized Companies -- 287.135 and 215.473 21.1 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. 21.2 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 19-22B-Agreement for Roof Tarps 7 TAMAR i'r )t ?AMA €€: i PURCHASING AND CONTRACTc DiOSt;;N+ tMth Ave a> "Csrnnrltled to Excellence...A,mvays" f on tai( ri 33321 J21 httpsaltamarac.bidsandtenders.orq The City For Your Cafe such false certification is discovered during the active contract term, BCG 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. 22)Public Records 22.1 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: 22.1.1 Keep and maintain public records required by the City in order to perform the service; 22.1.2 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. 22.1.3 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. 22.1.4 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. 22.2 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 19-228—Agreement for Roof Tarps 8 'T\• T AMARAC T ARA ?,;CHAS NG AND CONTRA('r,,t)A,,,s,,'N Nvel nRtr Ave 'Committed to Excellence AIA,-ns httos://tamarac.bidsandtenders.orq The City For Your Life 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. Remainder of Page Intentionally Blank 19-22E3-Agreement for Roof Tarps 9 T At A httos://tamarac bidsandtenders.orq 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. CITY OF TAMARAC ���11111/►� ' _ Miche e J. Gomez 'yor -- 0 g _ 6A 1 0- p ; _ ate ��. SAP �...- • ATTE. //'7, �/'D CO' " Michael C. Cernech, City Manager ;al/ 07r, t / (C1 'atricia A. Teufel, CMC Date City Clerk 6/47 Approve as to form and legal sufficiency: Date (4' r N City ttorney Date ATTEST: ALL IN SAFETY CORPORATION Company Name Signature of Corporate Secretary Signature o is President Chanie Follman Moshe Follman Type/Print Name of Corporate Secy. Type/Print Name of Vice President (CORPORATE SEAL) Date 19-228—Agreement for Roof Tarps 10 ' ' ,I AMA RAC puRCHASING AND CONI R AC1 S Oil,' '{"N 725 SW 88th 4 vo :; "Conunitted to Excellence...Always' 71,?,',3+0 l=i, 13C httpsaltamarac.bidsandtenders.orq The City For Your Life CORPORATE ACKNOWLEDGEMENT STATE OF ?! 'j :SS COUNTY OF \)nk, 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 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 j'"'J- , 2019. -;14,(.7 / 'IA Snature of Ncif ary Public ` State of Florida at Large PEARL SOFER Notary Public,State of New York No,01-SO6333315 Qualified in Kings Type or Stamp Commission Expires 1/ 1., �/ Name of Notary Public I/I Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 19-228-Agreement for Roof Tarps 11 A A ` 'iliw R4 puR CHA WG AND ccNTR4C'7S D,VISJON s 8.t1 , , 'Committed to Ex elletrc..t:.. At✓ ks ,‘ lq _;_ I httpsaltamarac.bidsandtenders.orq The City For Your Life EXHIBIT A- PRICING Line Item Description 1-9 U/M Unit Price Freight 1 Tarp, Economy, 15' x 20' EA $8.98 $1.55 2 Tarp, Economy, 20' x 30' EA $17.95 $1.75 3 Tarp, Economy, 25' x 40' EA $29.95 $1.85 4 Tarp, Economy, 30' x 40' EA $35.00 $1.25 5 Tarp, Economy, 30' x 50' EA $43.00 $1.25 6 Tarp, Heavy Grade, 30' x 40' EA $59.00 $1.25 7 Tarp, Heavy Grade, 30' x 50' EA $74.00 $1.25 Line Item Description 10-100 U/M Unit Price Freight 1 Tarp, Economy, 15' x 20' EA $22.00 $0.25 2 Tarp, Economy, 20' x 30' EA $30.00 $0.25 3 Tarp, Economy, 25' x 40' EA $33.00 $0.25 4 Tarp, Economy, 30' x 40' EA $38.00 $0.25 5 Tarp, Economy, 30' x 50' EA $49.00 $0.25 6 Tarp, Heavy Grade, 30' x 40' EA $65.00 $0.25 7 Tarp, Heavy Grade, 30' x 50' EA $85.00 $0.25 Line Item Description 101-500 U/M Unit Price Freight 1 Tarp, Economy, 15' x 20' EA $13.00 $0.25 2 Tarp, Economy, 20' x 30' EA $25.00 $0.25 3 Tarp, Economy, 25' x 40' EA $36.00 $0.25 4 Tarp, Economy, 30' x 40' EA $36.00 $0.25 5 Tarp, Economy, 30' x 50' EA $45.00 $0.25 6 Tarp, Heavy Grade, 30' x 40' EA $59.00 $0.25 7 Tarp, Heavy Grade, 30' x 50' EA $81.00 $0.25 Line Item Description 501-1000 U/M Unit Price Freight 1 Tarp, Economy, 15' x 20' EA $12.00 $0.25 2 Tarp, Economy, 20' x 30' EA_ $19.00 $0.25 3 Tarp, Economy, 25' x 40' EA $34.00 $0.25 4 Tarp, Economy, 30' x 40' EA $35.00 $0.25 5 Tarp, Economy, 30' x 50' EA $43.00 $0.25 6 Tarp, Heavy Grade, 30' x 40' EA $56.00 $0.25 7 Tarp, Heavy Grade, 30' x 50' EA $74.00 $0.25 Line Item Description 1000+ U/M Unit Price Freight 1 Tarp, Economy, 15' x 20' EA $12.00 $0.25 2 Tarp, Economy, 20' x 30' EA $19.00 $0.25 3 Tarp, Economy, 25' x 40' EA _ $34.00 $0.25 4 Tarp, Economy, 30' x 40' EA $35.00 $0.25 5 Tarp, Economy, 30' x 50' EA $42.00 $0.25 6 Tarp, Heavy Grade, 30' x 40' _ EA $56.00 $0.25 7 Tarp, Heavy Grade, 30' x 50' EA $74.00 $0.25 19-228-Agreement for Roof Tarps 12