HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-063and
Temp. Reso. #12660
June 22, 2015
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015- 63
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO AWARD
BID NUMBER 15-20B FOR ROOF TARPS TO ALL
IN SAFETY, CORPORATION. TO PROVIDE FOR
THE PURCHASE OF ANNUAL REQUIREMENTS
FOR ROOF TARPS FOR THE CITY OF TAMARAC
AND ON BEHALF OF THE SOUTHEAST FLORIDA
GOVERNMENTAL PURCHASING COOPERATIVE
FOR A PERIOD EFFECTIVE UPON AWARD OF
THE AGREEMENT, FOR A PERIOD OF ONE YEAR,
WITH THE OPTION TO EXERCISE UP TO THREE
(3) ADDITIONAL ONE (1) YEAR RENEWALS,
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac is located in a high velocity wind zone
WHEREAS, as a result of a hurricane, substantial roof damage may occur
to roofs throughout the City, and
WHEREAS, it is in the best interest of the City and its residents to be able
to assess roof damage for structures within the City in an expeditious manner
immediately following a storm; and
WHEREAS, provision of roof tarps to residents will help to control
additional damage resultant from unprotected roofs; and
WHEREAS, specifications were submitted and bids were formally
solicited via Invitation for Bid #15-20B on May 24, 2015 for the purchase of roof
Temp. Reso. #12660
June 22, 2015
Page 2
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 June 10, 2015 from the following
bidder, a copy of said bid tab is included herein as Exhibit "2":
; and
All In Safety Corp.
$53,639.55
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 $53,639.55, a copy of said
response is included as Exhibit "Y 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
and the Southeast Florida Governmental Purchasing Cooperative to All in Safety
Corporation for a total price estimate of $53,639.55, for purchases as may be
Temp. Reso. #12660
June 22, 2015
Page 3
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 appropriate City Officials are hereby authorized to
award Bid Number 15-20B, and 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 $53,639.55, for purchases
as may be deemed necessary to provide for the safety of residents.
SECTION 3: The appropriate City Officials furthermore are 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
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
Temp. Reso. #12660
June 22, 2015
Page 4
are declared to be severable.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of
2015.
HARRY bRESSLER
MAYOR
ATTEST:
PATRICIA TEU E CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER f.
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
n/ SAMIUEL S. GOREN
CITY ATTORNEY
�l
TR 12660 — EXHIBIT 1
INVITATION TO BID
ANNUAL REQUIREMENTS FOR
ROOF TARPS
City of Tamarac
Purchasing Division
7525 NW 88th Avenue
Room 108
Tamarac, FL 33321
Page 1 of 38
City of Tamarac Purchasing and Contracts Division
INVITATION FOR BID
Bid Acknowledgement
BID NO.: 15-20B
BID TITLE: Annual Requirement for Roof Tarps
BID OPENING DATE/TIME: Wednesday, June 10, 2015 2:OOPM
PURCHASING CONTACT: Lynda Cummings
BUYER PHONE: 954-597-3596
BUYER EMAIL: lynda.cummings@tamarac.org
PRE -BID CONFERENCE/SITE INSPECTION: NONE
BONDING: Not required for this bid.
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.
SEALED BIDS
This form should be executed and submitted with all Bid Forms in a sealed envelope. The face of the envelope
shall contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form
may be deemed non -responsive. 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.
I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any
corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair
and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign
this Bid as an agent for the Bidder.
BIDDER COMPANY NAME:
COMPANY ADDRESS:
COMPANY PHONE:
NAME OF AUTHORIZED AGENT:
TITLE OF AUTHORIZED AGENT:
BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER:
SIGNATURE OF AUTHORIZED AGENT:
Page 2 of 38
City of Tamarac i Purchasing and Contracts Division
Our Vision and Mission Conditions. If no changes or deletions to General Conditions
are made in the Special Conditions, then the General Terms
Our Vision: The City of Tamarac, our community of choice --
leading the nation in quality of life through safe
neighborhoods, a vibrant economy, exceptional customer
service and recognized excellence.
Our Mission., We Are "Committed to Excellence... Always" It
is our job to foster and create an environment that
Responds to the Customer
Creates and Innovates
Works as a Team
Achieves Results, and
Makes a Difference
In the fulfillment of our vision. and mission, as stewards of the
public trust, we value vision, integrity, efficiency and quality
service.
Our vendors are truly partners in meeting these commitments
to the community, and in support of that vision and mission,
we are committed to ensuring that qualified, competitive
vendors who share our commitment to quality, efficiency,
teamwork and customer service are employed to provide
goods and services to the City. Our vendors are expected to
deliver high quality products and efficient service that is
provided on time and as ordered; in a manner that improves
the overall value of the services that the City provides to its
residents. In addition, we expect our vendors to work with the
City as a team, and exhibit the highest level of integrity when
dealing with any office or department of the City.
Diligence in the execution of the requirements of this proposal
will ultimately contribute to the overall quality of services
provided to the entire community. The City is searching for a
firm who will exemplify these ideals in the execution of their
work, and the successful firm will be measured against the
performance standards outlined in this bid invitation.
INTRODUCTION
It is the intent of the City to award this bid to the lowest
responsible and responsive Bidder. The City reserves the right
to accept or reject any or all bids and to waive any informality
concerning the bids when such rejection or waiver is deemed
to be in the best interest of the City. The City reserves the right
to award the bid on a split order basis, lump sum or individual
item basis unless otherwise stated, whichever is in the best
interest of the City.
This solicitation is issued pursuant to the City of Tamarac
Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing
Procedures", Section 6-141 et seq.
GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to all offers made to
the City of Tamarac by all prospective Bidders including but
not limited to Request for Quotes, Request for Bids and
Request for Proposals. As such the words "bid" and "proposal"
are used interchangeably in reference to all offers submitted
by prospective Bidders. 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
and Conditions shall prevail in their entirety.
SUBMISSION OF THE BID
The Bidder is directed to deliver sealed bids to the City of
Tamarac, Purchasing Division, 7525 N. W. 88th Avenue,
Room 108, Tamarac, Florida 33321, no later than the date and
time specified on the cover page of this solicitation document.
At this time the bids will be opened, the names of all Bidders
will be announced and all bids shall become a matter of public
record. All Bidders and their representatives are invited to
attend. The Bidder must show the bid number, bid name, time
and date of the bid opening on the outside of the sealed bid
package. Delivery of the sealed bids to the Purchasing Office
on or before the above date is solely and strictly the
responsibility of the Bidder. Late bids will be returned
unopened to the Bidder.
It is the Bidder's responsibility to read and understand the
requirements of this bid. Unless otherwise specified, the
Bidder must use the bid form furnished in the bid document.
The Bidder is requested to submit one (1) original and two (2)
copies of the bid. The original bid must be manually and duly
signed in ink by a Corporate Officer, Principal, or Partner with
the authority to bind the bidding company or firm by his/her
signature. All bid forms must be typewritten or completed in
ink. The Bidder must initial any erasures or corrections in ink.
All bids shall be submitted in the English language. All prices,
terms and conditions quoted in the submitted bid 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 Bidder preparing a bid in response to this solicitation shall
bear all expenses associated with its preparation. The Bidder
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. BID DEPOSIT
When required on the cover page, a bid deposit or bid surety
bond in the amount specified shall accompany the bid. Bid
deposits shall be in the form of cash, certified check or
cashier's check, drawn on a responsible bank doing business
in the United States, and shall be made payable to the City of
Tamarac. In lieu of a bid deposit, a bid surety provided by a
firm licensed to business in the State of Florida shall be
provided to the City. Any bid deposits will be returned to the
Bidders at the time of contract award. The bid deposit of the
successful vendor shall be returned upon receipt of acceptable
Performance and/or Payment bonds.
3. BONDING
When required by the specification herein, the successful
Bidder shall furnish a Performance and Payment bond, and/or
Warranty bond, as stated on the cover page of this solicitation,
on the City's forms, within fifteen (15) calendar days after
notification of contract award. Failure to furnish the required
bonds within the time specified may be cause for rejection of
the bid and any bid deposit may be retained by the City as
liquidated damages and not as a penalty. Said sum shall be a
fair estimate of the amount of damages the City would sustain
due to Bidder's failure to furnish said bonds.
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City of Tamarac
4. WITHDRAWAL OF BID
Any Bidder may withdraw its bid prior to the indicated opening
time. The request for withdrawal must be submitted in writing
to the Purchasing Office.
5. PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may
not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold
amount provided in Section 287.017, for Category Two for a
period of 36 months from the date of being placed on the
convicted vendor list.
6. NON -COLLUSIVE AFFIDAVIT
Each Contractor shall complete the Non -Collusive Affidavit
Form and shall submit this form with the bid/proposal. The City
considers the failure of the Contractor to submit this document
to be a major irregularity, and may be cause for rejection of
the Proposal.
7. CONFLICT OF INTEREST
The award hereunder is subject to the provisions of Chapter
112 of the State of Florida Statutes. Bidders 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.
8. QUANTITIES
Quantities shown are estimates only. No guarantee or
warranty is given or implied by the City as to the total amount
that may or may not be purchased from any resulting contract.
The City reserves the right to decrease or increase quantities
or add or delete any item from the contract if it is determined
that it best serves the interests of the City.
9. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC
PAYMENTS
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, bid prices 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: Bidders are encouraged to
provide prompt payment terms in the space provided on the
Bid Form. If no payment discount is offered, the Bidder shall
enter zero (0) for the percentage discount to indicate net 30
days. If the Bidder 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
and Contracts Divisror,
mailing of the check. All payments shall be governed by
Local Government Prompt Payment Act, F.S. Chapter 218.
Payments by Electronic Funds Transfer: Vendors may now
receive payments by direct deposit via electronic funds
transfer instead of by paper check. Vendors are strongly
encouraged to register to receive all payments by direct
deposit. Access the City of Tamarac web -site at
http://www.tamarac. org/city-departments/financial-
services/purchasi nq/register-for-direct-deposit-payment.aspx
for more information.
10. DELIVERY
All items shall be delivered F.O.B. destination to a specific City
address. All delivery costs and charges must be included in
the bid price. The City reserves the right to cancel orders or
any part thereof, without obligation if delivery is not made at
the time specified in the bid.
11. 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 Bidder may offer any brand which
meets or exceeds the specifications for any item(s). If bids are
based on equivalent products, indicate on the bid form the
manufacturer's name and model/catalog number. Bidder shall
submit complete descriptive literature and/or specifications
with the bid. The burden of proof for specification compliance
is solely on the Bidder. 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 Bidder fails
to name a substitute, it will be assumed that the Bidder has
submitted a bid which conforms in all aspects to the
requirements of the bid document, and that the Bidder intends
to furnish goods identical to the bid standard.
12. 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 Bidder'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 Bidder.
13. BACKGROUND INVESTIGATION
As a part of the Bid evaluation process, the City may conduct
a background investigation including a criminal record check
of Bidder's officers and/or employees, by the Broward County
Sheriff's Office. Bidder's submission of a bid constitutes
acknowledgement of and consent to such investigation. City
shall be the sole judge in determining Bidder's qualifications.
14. CONDITIONS OF MATERIALS
All materials and products supplied by the Bidder in
conjunction with this bid shall be new, warranted for their
merchantability, fit for a particular purpose, free from defects
and consistent with industry standards. The products shall be
delivered to the City in excellent condition. In the event that
any of the products supplied to the City are found to be
Page 4 of 38
City of Tamarac I Purchasing and Contracts Division
defective or do not conform to the specifications, the City causes it to be terminated, Contractor shall indemnify the
reserves the right to return the product to the Bidder at no cost city against loss pertaining to this termination.
to the City. C. FUNDING OUT: This agreement shall remain in full
Successful Bidder shall furnish all guarantees and warranties force and effect only as long as the expenditures
to the Purchasing Division prior to final acceptance and provided for in the Agreement have been appropriated
payment. The warranty period shall commence upon final by the City Commission of the City of Tamarac in the
acceptance of the product. annual budget for each fiscal year of this Agreement,
and is subject to termination based on lack of funding.
15. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no violation of
copyrights or patent rights in manufacturing, producing or
selling the goods shipped or ordered as a result of this bid.
The seller agrees to hold the City harmless from all liability,
loss or expense occasioned by any such violation.
16. SAFETY STANDARDS
The Bidder 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 be in compliance with 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 as a result of this order must be
accompanied by a completed Material Safety Data Sheet
(MSDS).
17. PERFORMANCE
Failure on the part of the Bidder 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 Bidder, 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.
18. 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.
19. TERMINATION
A. DEFAULT: In addition to all other remedies available to
the City, this Agreement shall be subject to cancellation
by the City for cause, should the Contractor neglect or fail
to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30)
days after receipt by Contractor of written notice of such
neglect or failure.
B. TERMINATION FOR CONVENIENCE OF CITY:
Notwithstanding any additional requirements for
performance based contracting contained in the special
conditions herein, the final Agreement may be terminated
by the City for convenience, upon seven (7) days of
written notice by the City to the Contractor for such
termination in which event the Contractor shall be paid its
compensation for services performed to termination date,
including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or
20. ASSIGNMENT
The Bidder 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.
21. EMPLOYEES
Employees of the Bidder shall at all times be under its sole
direction and not an employee or agent of the City. The Bidder
shall supply competent and physically capable employees.
The City may require the Bidder to remove an employee it
deems careless, incompetent, insubordinate or otherwise
objectionable. Bidder shall be responsible to the City for the
acts and omissions of all employees working under its
directions.
22. NON-DISCRIMINATION & EQUAL OPPORTUNITY
EMPLOYMENT
During the performance of the Contract, the Contractor shall not
discriminate against any employee or applicant for employment
because of race, color, sex, religion, age, national origin, marital
status, political affiliation, familial status, sexual orientation, or
disability if qualified. The Contractor will take affirmative action to
ensure that employees are treated during employment, without
regard to their race, color, sex. Religion, age, national origin,
marital status, political affiliation, familial status, sexual
orientation, or disability if qualified Such actions must include,
but not be limited to, the following: employment, promotion;
demotion or transfer; recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship. The Contractor shall agree to post in
conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause. The
Contractor further agrees that he/she will ensure that
Subcontractors, if any, will be made aware of and will comply
with this nondiscrimination clause.
23. TAXES
The City of Tamarac is exempt from all Federal, State, and
Local taxes. An exemption certificate will be provided where
applicable upon request.
24. OMISSION OF DETAILS
Omission of any essential details from these specifications will
not relieve the Bidder of supplying such product(s) as
specified.
25. INSURANCE REQUIREMENTS
Bidder 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
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City of Tamarac Purchasing and Contracts Division
Contractor, its employees, agents, or subcontractors, if any, expenses (including attorneys' fees) in connection with loss of
with respect to the work and services described herein. life, bodily or personal injury, or property damage, including
Bidder shall obtain at Bidder's expense all necessary loss of use thereof, directly or indirectly caused by, resulting
insurance in such form and amount as required by the City's from, arising out of or occurring in connection with the
Risk & Safety Officer before beginning work under this operations of the Bidder or his Subcontractors, agents,
Agreement. Bidder shall maintain such insurance in full force officers, employees or independent contractors, excepting only
and effect during the life of this Agreement. Bidder shall such loss of life, bodily or personal injury, or property damage
provide to the City's Risk & Safety Officer certificates of all solely attributable to the gross negligence or willful misconduct
insurance required under this section prior to beginning any of the City of Tamarac or its elected or appointed officials and
work under this Agreement. Bidder shall indemnify and save employees. City reserves the right to select its own legal
the City harmless from any damage resulting to it for failure of counsel to conduct any defense in any such proceeding and
either Bidder or any subcontractor to obtain or maintain such all costs and fees associated therewith shall be the
insurance. responsibility of Contractor under the indemnification
The following are required types and minimum limits of agreement.
insurance coverage, which the Bidder agrees to maintain
during the term of this contract:
Limits
Line of Business/ Occurrence Aggregate
Coverage
Commercial General $1,000,000 $1,000,000
Liability
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Statutory
Employer's Liability
The City reserves the right to require higher limits depending
upon the scope of work under this Agreement.
Neither Bidder 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 Bidder 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 Bidder's liability insurance policies shall be endorsed to
add the City of Tamarac as an "additional insured". The
Bidder's Worker's Compensation carrier will provide a Waiver
of Subrogation to the City. The Bidder shall be responsible for
the payment of all deductibles and self -insured retentions.
The City may require that the Bidder purchase a bond to cover
the full amount of the deductible or self -insured retention. If the
Bidder is to provide professional services under this
Agreement, the Bidder 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.
26. INDEMNIFICATION
The Bidder 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
27. 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 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.
28. 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 bid, the Special
Conditions and/or the Detailed Specifications shall prevail.
The Bidder 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 Bidder shall contact the
Purchasing Office immediately. Any inquires, suggestions,
requests concerning clarification, or requests for additional
information shall be submitted in writing to the Purchasing and
Contracts Manager.
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.
Page 6 of 38
City of Tamarac
29. BID TABULATION
Bidders may download the bid tabulation directly from the
Internet at http://www.tamarac.org. The City does not notify
unsuccessful Bidders of contract awards.
Pursuant to Florida Statute Chapter 119, Section 7(m), sealed
bids or proposals received by an agency pursuant to
invitations to 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 10 days after bid/proposal opening, whichever is
earlier.
30. RECORDS/AUDITS
The Contractor shall maintain during the term of the contract
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 for the duration of the contract and
retain them for a minimum period of one (1) year beyond the
last day or the contract term.
31. UNBALANCED BIDS
When a unit price bid has variable or estimated quantities, and
the bid shows evidence of unbalanced bid pricing, such bid
may be rejected.
32. UNIT PRICES
Where a discrepancy between unit price and total price is
indicated on a Bidder's submitted Schedule of Bid Prices or
Price Proposal Form, the unit prices shall prevail.
33. 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.
34. FORM AGREEMENT DOCUMENT
The City may attach as a part of this solicitation, a Form
Agreement document. Bidders shall be responsible for
complying with all of 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. Bidders shall note any deviation
or variance with the Form Agreement document at the time of
bid submission.
35. OTHER GOVERNMENTAL ENTITIES
If a Bidder is awarded a contract as a result of this Invitation
for Bid, Bidder will, if Bidder has sufficient capacity or
quantities available, provide to other governmental agencies,
so requesting, the products or services awarded in
accordance with the terms and conditions of the Invitation for
Bid and resulting contract. Prices shall be F.O.B. Destination
to the requesting agency.
36. BUDGETARY CONSTRAINTS
In the event the City is required to reduce contract costs due
to budgetary constraints, all services specified in this
document may be subject to a permanent or temporary
Purchasing and Contracts Division
reduction in budget. In such an event, the total cost for the
affected service shall be reduced as required. The Contractor
shall also be provided with a minimum 30-day notice prior to
any such reduction in budget.
Page 7 of 38
City of Tamarac M Purchasing and Contracts Division
INVITATION TO BID
BID NO. 15-20B
Sealed bids, addressed to the Purchasing and Contracts Manager of the City of
Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW
88th Avenue, Tamarac, Florida 33321-2401 until Wednesday June 10, 2015 2:00 p.m.
(Purchasing Office time stamp is considered official time), at which time bids will be
publicly opened and announced for:
The attached Invitation to Bid represents a cooperative procurement for the Southeast
Florida Governmental Purchasing Cooperative. The governmental agencies
participating in this procurement and their respective delivery locations are listed in the
attached document. Other members of the Southeast Florida Governmental
Cooperative are also eligible to participate in this Agreement with the permission of the
successful vendor.
All bids received after the date and time stated above will be returned unopened to the
Bidder. All Bidders are invited to attend the opening.
One original bid, clearly marked "Original", shall be submitted on the official bid form
furnished with this bid package. Two (2) photocopies of the submitted bid should
accompany the original; however, copies must be made available within 3 business
days of the City's request. The submittal should be plainly marked "Bid No. 15-20B,
Furnish & Deliver Roof Tarps." on the outside of the envelope.
The City reserves the right to accept or reject any or all bids, or any part of any bid, to
waive any informalities, and to award in the best interest of the City of Tamarac.
Bid documents will be available for review and may be obtained from the Purchasing
Office at the above address. For non -technical inquiries, contact the Purchasing Office
at (954) 597-3570.
Lynda S. Cummings
Procurement Specialist
• Publish Sun Sentinel: Sunday, May 24, 2015
Page 8 of 38
City of Tamarac Purchasing and Contracts Division
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"
Page 9 of 38
City of Tamarac Purchasing and Contracts Division
Following is a list of the agencies participating in this bid and their respective delivery
locations:
City of Coral Springs Central Stores, 4181 Coral Springs, FI 33065 Roxanne 954-344-1103
NW 121 Ave. Sookdeo
City of Deerfield Beach 1210 Goolsby Blvd Deerfield Beach, FI Frank 954-691-7260
City of Hallandale
Department of Public
Hallandale Beach, FL
Earl S. King
954/457-1614
Beach
Works
630 NW 2nd
City of Tamarac
6011 Nob Hill Road
Tamarac, FL 33321
Keith Glatz
954/597-3570
City of Hollywood
2600 Hollywood
Hollywood, FL 33020
Ralph Dierks
954-921-3223
Boulevard
City of West Palm
1045 Charlotte Ave
West Palm Beach, FL
Josephine
561-822-2107
Beach
33401
Grosch
City of Fort Lauderdale
220 SW 14 Ave, Bdg
Ft Lauderdale, FL
David Smith
954-828-6560
3
Town of Pembroke
3150 SW 52nd Ave
Pembroke Park, FL
Stephanie
954-966-4600,
Park
33023
Woodbury
Ext 129
City of Lighthouse
4730 NE 21st Terrace
Lighthouse Point, FL
Tanya
954-946-7386
Point
Gardner
City of Wilton Manors
2020 Wilton Dr.
Wilton Manors, FL
Ernie Sanz
954-605-4636
33305
City of Sunrise
777 Sawgrass Corp
Sunrise, FL 33351
David Ball
954-888-6018
,Parkway
City of Cooper City
9070 SW 51 Street
Cooper City, FL 33328
James
954-434-2300
Bowman
Page 10 of 38
of Tamarac
ESTIMATED QUANTITIES BY ENTITY
and Contracts Division
City of Coral Springs 50 50 50 50 1 10 10 10
City of Deerfield Beach 10 16 11
Citv of Hallandale Beach 50 50 50
City of Tamarac
20
20
20
10
10
City of Hollywood
2
2
2
2
2
2
2
City of West Palm Beach
100
100
100
100
100
50
50
City of Fort Lauderdale
45
Town of Pembroke Park
1
1
1
City of Lighthouse Point
5
5
City of Wilton Manors
10
10
10
City of Sunrise
2
2
2
2
1
6
6
City of Hallandale Beach
50
50
50
City of Cooper City
5
5
15
TOTALS
240
191
275
169
123
193
188
Page 11 of 38
City of Tamarac Purchasing and Contracts Division
SPECIAL CONDITIONS
BID NO. 15-20B
FURNISH AND DELIVER ROOF TARPS
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. The contract term
shall begin on the date of award of this bid and run through July 15, 2016. 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.
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.
Page 12 of 38
City of Tamarac Purchasing and Contracts Division
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.
5. 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.
Page 13 of 38
City of Tamarac Purchasing and Contracts Division
TECHNICAL SPECIFICATIONS
BID NO. 15-20B
ANNUAL AGREEMENT FOR ROOF TARPS
1. INTRODUCTION
The following technical requirements shall govern the purchase of roof tarps to be
utilized for distribution by the City of Tamarac, and other agencies within the SE Florida
Governmental Purchasing Co-operative during the contract period.
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'
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.
Page 14 of 38
City of Tamarac Purchasing and Contracts Division
COMPANY NAME: (Please Print):
Phone:
Fax:
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.
❑ 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 out the Offeror's Qualification Statement.
❑ 6. Fill out the References page.
❑ 7. Sign the Vendor Drug Free Workplace Form.
❑ 8. Fill out and sign the Certified Resolution.
❑ 9. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly
marked with the BID NUMBER AND BID NAME on the outside of the
package.
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.
THIS SHOULD BE THE FIRST PAGE OF YOUR BID SUBMITTAL.
Page 15 of 38
City of Tamarac
BID FORM
BID NO. 15-20B
ROOF TARPS
Submitted by:
THIS BID IS SUBMITTED TO:
City of Tamarac
Purchasing and Contracts Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
Date
and Contracts Division
1. The undersigned 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 bid.
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 itself with the nature and extent of the contract
documents, 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 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.
Page 16 of 38
City of T:arnarac
BID FORM
BID NO. 15-20B
ROOF TARPS
Submitted by:
Date
and Contracts Division
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.
Quantity Breaks
UOM
Unit Price
Freight
Total Cost
(Per Tarp),
er UnitDescription
Tarp, Economy,
Estimated Qty:
15' x 20'.
245
$
$
$
(Please price the Estimated
Quantity based on quantities
$
$
less than 10 and provide
10-100
EA
$
$
pricing for quantity breaks as
101-500
$
$
shown.)
501-1000
$
$
1001+
Tarp, Economy,
Estimated Qty:
20' x 30'.
191
$
$
$
(Please price the Estimated
Quantity based on quantities
10-100
$
$
less than 10 and provide
101-500
EA
$
$
pricing for quantity breaks as
501-1000
$
shown.)
$
1001+
$
$
Tarp, Economy,
Estimated Qty:
25' x 40'.
280
$
$
$
(Please price the Estimated
Quantity based on quantities
10-100
EA
$
$
less than 10 and provide
101-500
$
$
pricing for quantity breaks as
501-1000
$
shown.)
$
1001+
$
$
Tarp, Economy,
Estimated Qty:
30' x 40'.
159
$
$
$
(Please price the Estimated
Quantity based on quantities
10-100
EA
$
$
less than 10 and provide
101-500
$
$
pricing for quantity breaks as
$
shown.)
501-1000
$
$
1001+
$
Tarp, Economy,
Estimated Qty:
30' x 50'.
123
EA
$
$
$
((Please price the Estimated
City of Tamarac
Purchasing and Contracts Division
Quantity based on quantities
less than 10 and provide
pricing for quantity breaks as
shown.)
10-100
101-500
501-1000
1001+
$
$
$
$
$
$
$
$
Tarp, Heavy Grade,
Estimated Qty:
30' x 40'.
193
EA
$
$
$
(Please price the Estimated
Quantity based on quantities
less than 10 and provide
10-100
101-500
$
$
$
$
pricing for quantity breaks as
shown.)
501-1000
1001 +
$
$
Tarp, Heavy Grade,
Estimated Qty:
30' x 50'.
203
EA
$
$
$
(Please price the Estimated
Quantity based on quantities
less than 10 and provide
10-100
101-500
$
$
$
$
pricing for quantity breaks as
shown.)
501-1000
1001 +
$
$
$
$
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
$
$
$
Submitted by:
Page 18 of 38
Date
City of Tamarac Purchasing and Contracts Division
BID FORM
BID NO. 15-20B
ROOFTARPS
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.
Authorized Signature Company Name
Typed/Printed Name
Telephone
Fax
Email address for above signer (if any)
Address
City, State, ZIP
Federal Tax ID Number
Page 19 of 38
City of Tamarac Purchasing and Contracts Division
BID FORM
BID NO. 15-20B
ROOF TARPS
Bidders Name:
TERMS: % (percent discount, if any, if payment made within DAYS;
otherwise, terms are NET 30 days.
Delivery/completion: calendar days after receipt of Notice to Proceed or Purchase
Order, whichever is applicable for this project.
To be considered eligible for award, one (1) original and three (3) copies of this bid form
should be submitted with the Bid. Copies must be provided within 3 business days of City's
request.
NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as
evidenced by completion of the Certified Resolution form contained herein (or acceptable
Corporate Resolution) may be deemed non -responsive and ineligible for award.
IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION:
Please indicate reason(s) why a Bid Proposal is not being submitted at this time.
Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor
listing.
City of Tamarac Purchasing and Contracts Division
BIDDER'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and all
answers to questions made hereinafter:
Name of Company
Address
City State Zip
Telephone
Fax Number
1. How many years has your organization been in business under its present name?
Years
2. If Vendor is operating under Fictitious Name, submit evidence of compliance with
Florida Fictitious Name Statute:
3. Under what former name(s) has your business operated?
List former address(es) of that business (if any).
4. Are you Certified? Yes ❑ No ❑ If Yes, attach copy of Certification
5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License
6. Has your company ever declared bankruptcy? Yes ❑ No ❑
If Yes, explain:
7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer ❑
of the commodities/services bid upon?
8. Have you ever received a contract or a purchase order from the City of Tamarac or
other governmental entity? Yes ❑ No ❑ If yes, explain (date, service/project, bid
title etc.)
9. Have you ever received a complaint on a contract or bid awarded to you by any
governmental entity? Yes ❑ No ❑ If yes, explain:
10. Have you ever been debarred or suspended from doing business with any
governmental entity? Yes ❑ No ❑ If yes, explain:
Page 21 of 38 Bidder's Qualification Statement
City of Tamarac Purchasing and Contracts Division
REFERENCES
Please list government agencies and/or private firms with whom you have done business
during the last five years:
Your Company Name
Address
City State Zip
B. Phone/Fax
C. E-mail
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Page 22 of 38 References
of Tamarac Purchasing and Contracts Division
CERTIFIED RESOLUTION
I, (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws of
the State of , do hereby certify that the following Resolution was
unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at
a meeting held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)", the
duly elected (Title of Officer) of
(Corporate Title) be and is hereby authorized to execute
and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other
instruments in writing as may be necessary on behalf of the said corporation; and that the
Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said
corporation as its own acts and deeds. The secretary shall certify the names and signatures of
those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and
shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or
damage resulting from or growing out of honoring, the signature of any person so certified or for
refusing to honor any signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name, titles and official signatures of those
persons authorized to act by the foregoing resolution.
NAME TITLE SIGNATURE
Given under my hand and the Seal of the said corporation this day of 20
(SEAL)
M
Secretary
Corporate Title
NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such form
need not be followed explicitly, but the Certified Resolution submitted must clearly show
to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond
for the corporation has been properly empowered by the corporation to do so in its
behalf.
Page 23 of 38 Certified Resolution
City of Tamarac Purchasing and Contracts Division
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE BID
We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the
Invitation to Bid. We (1) 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 Invitation To Bid.
INDICATE WHICH TYPE OF ORGANIZATION BELOW:
INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑
If "Other', Explain:
Authorized Signature
Typed/Printed Name
Telephone
Fax
Company Name
Address
City, State, ZIP
Federal Tax ID Number
Email address for above signer (if any) Contractor's License Number
Page 24 of 38 Certification
City of Tainarac Purchasing and Contracts Division
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.
2. 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.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. 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 that five (5) days after each conviction.
5. 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.
6. 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.
Authorized Signature
Company Name
Page 25 of 38 Drug -Free Workplace
City of Tamarac Purchasing and Contracts Division
NON -COLLUSIVE AFFIDAVIT
State of )
)ss.
County of )
says that:
He/she is the
Representative or Agent) of _
has submitted the attached Proposal;
being first duly sworn, deposes and
(Owner, Partner, Officer,
, the Offeror that
2. He/she is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
3. Such Proposal is genuine and is not a collusive or sham Proposal;
4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded,
conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or
person to submit a collusive or sham Proposal in connection with the Work for which the
attached Proposal has been submitted; or to refrain from bidding in connection with such
Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or
communication, or conference with any Offeror, firm, or person to fix the price or prices
in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost
elements of the Proposal price or the Proposal price of any other Offeror, or to secure
through any collusion, conspiracy, connivance, or unlawful agreement any advantage
against (Recipient), or any person interested in the proposed Work;
5. The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of
the Offeror or any other of its agents, representatives, owners, employees or parties in
interest, including this affiant.
Signed, sealed and delivered in the presence of:
By
Witness
Witness Printed Name
Title
Page 26 of 38
of Tamarac
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of
and Confracfs Division
On this the day of , 2015, before me, the undersigned Notary Public
of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
Page 27 of 38
of Tamarac Purchasing and Contracts Division
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
to the City of Tamarac for
2. This sworn statement is submitted by
(Name of entity submitting sworn statement)
Federal Employer Identification Number (FEIN)
(If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement:
3. My name is
(Print name of individual signing)
My relationship to the entity named above is
4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not limited
to, any bid or contract for goods or services, any lease for real property, or any contract
for the construction or repair of a public building or public work, involving antitrust, fraud,
theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, non -jury trial, or entity of a plea of guilt or nolo contendere.
6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime: or
b. An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The owner
by one person of shares constituting a controlling interest in another person, or a
pooling of equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who has been convicted of a public entity crime in Florida
during the preceding 36 months shall be considered an affiliate.
Page 28 of 38
of Tamarac
and CoofractS Division
7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts led by a public entity or which otherwise transacts or applies
to transact business with a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members and agents who are
active in management of an entity.
8. Based on information and belief, the statement, which I have marked below, is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies.)
❑ Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, nor any affiliate of the entity were charged
with and convicted of a public entity crime after July 1, 1989.
❑ The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity or an affiliate of the entity was charged with
and convicted of a public entity crime after July 1, 1989.
❑ The entity submitting this sworn statement, or one of its officers, director,
executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or the affiliate of the entity has been
charged with and convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State
of Florida, Division of Administrative Hearings and the Final Order entered by the
Hearing Officer determined that it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor list. (Attach a copy of the
final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR
THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31
OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT
IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED
IN THIS FORM.
(Signature)
(Date)
Page 29 of 38
City of Tamarac Purchasing and Contracts Division
SAMPLE AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
THIS AGREEMENT is made and entered into this day of , 2015 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. 15-20B,
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. 15-
20B 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.
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
the original bid document or as required by the City's Risk and Safety
Page 30 of 38
City of Tamarac Purchasing and Contracts Division
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.
Page 31 of 38
of Tamarac
and Contracts Division
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.
9) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race, religion, color,
Page 32 of 38
City of Tamarac Purchasing and Contracts Division
gender, national origin, sex, age, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. The Contractor will take affirmative action to ensure
that employees are treated during employment, without regard to their race, religion,
color, gender, national origin, sex, age, marital status, political affiliation, familial status,
sexual orientation, or disability if qualified. Such actions must include, but not be limited
to, the following: employment, promotion; demotion or transfer; recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor shall
agree to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause. The Contractor further agrees that he/she will ensure
that 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.
Page 33 of 38
City of Tamarac
12) Notice
and Contracts Division
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.
Page 34 of 38
0
of Tamarac
14) Uncontrollable Forces
and Contracts Division
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
Page 35 of 38
4
City of Tamarac Purchasing and Contracts Division
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.
Remainder of Page Intentionally Blank
Page 36 of 38
City of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor
and City Manager, and CONTRACTOR, signing by and through its duly authorized to
execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
Date
ATTEST:
Signature of Corporate Secretary
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
CITY OF TAMARAC
Harry Dressler, Mayor
Date
Michael C. Cernech, City Manager
Date
Approved as to form and legal sufficiency:
City Attorney
Date
Company Name
Signature of President/Owner
Type/Print Name of President/Owner
Date
Page 37 of 38
a
City of Tamarac iPurchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF
SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
a
, of
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
❑ DID NOT take an oath.
Page 38 of 38
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C
TR 12660 - EXHIBIT 3
of Tamarac
COMPANY NAME: (Please Print): An -x sfLe-Z
Purchasing and Contracts Division
Phone: � f S � )' � g Fax: I g - ?%- y�f
BEFORE SUBMITTING YOUR BID, MAKE SURE YOU...
Carefully read the General Terms & Conditions, Special Conditions and the
General Requirements.
YJ 2. Properly fill out the Bid Form.
,a3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized.
Sign the Certification page. Failure to do so will result in your Bid being
deemed non -responsive.
5. Fill out the Offeror's Qualification Statement.
fT6. Fill out the References page.
01 �7. Sign the Vendor Drug Free Workplace Form.
E 8. Fill out and sign the Certified Resolution.
9. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly
marked with the BID NUMBER AND BID NAME on the outside of the
package.
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.
THIS SHOULD BE THE FIRST PAGE OF YOUR BID SUBMITTAL.
Page 15 or 38
City of Tamarac Purchasing and Contracts Uivisron
INVITATION FOR BID
Bid Acknowledgement
BID NO.: 15-20B
BID TITLE: Annual Requirement for Roof Tarps
BID OPENING DATEITIME: Wednesday, June 10, 2015 2:0013M
PURCHASING CONTACT: Lynda Cummings
BUYER PHONE: 954-597-3596
BUYER EMAIL: lyndac@tamarac.org
PRE -BID CONFERENCE/SITE INSPECTION: NONE
BONDING: Not required for this bid.
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.
SEALED BIDS
This form should be executed and submitted with all Bid Forms in a sealed envelope. The face of the envelope
shall contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form
may be deemed non -responsive. All Bids are subject to the terms and conditions specked herein. Those bids that
do not comply with these conditions may be deemed non -responsive.
I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any
corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair
and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign
this Bid as an agent for the Bidder. -
BIDDER COMPANY NAME: r `?rA I I � s�i n6or 10_
COMPANY ADDRESS: "1 S 1<i (j'1 5 n � t� i-04 k In (-Jr 1
?146 S
COMPANY PHONE:
NAME OF AUTHORIZED AGENT:
TITLE OF AUTHORIZED AGENT: S e7 Vil4Li e
AUTHORIZED AGENT EMAIL ADDRESS: S r I I
BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER:
SIGNATURE OF AUTHORIZED AGENT: /1 , '�—�
Page 2 of 38
City of Tamarac — _ _ _ Purchasing and Contracts Division
BID FORM
BID NO. 15-20B
r ROOF TARPS
Submitted by: �''76.S)t<1 1INal! - 14, S<A� Date
THIS BID IS SUBMITTED TO:
City of Tamarac
Purchasing and Contracts Manager
7525 Northwest 8e Avenue
Tamarac, Florida 33321
The undersigned 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 bid.
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 itself with the nature and extent of the contract
documents, 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 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.
Page 16 of 38
City of Tamarac Purchasing and Contracts Division
BID FORM
BID NO. 15-20B
ROOF TARPS
Submitted by: /710-Sk- F1/r o n "��� 5` � Date
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.
Description
Quantity Breaks
(Per Tarp)
UOM
Unit Price
Fretght
ertalti#
Total Cost
Tar
Estimated Qty:
245
$ � �
$ � • �-r
$ � s 79
15' x 20conomy,
(Please price the Estimated
Quantity based on quantities
$
$
less than 10 and provide
10-100
EA
$
$
pricing for quantity breaks as
101-500
$
$
shown.)
501-1000
$
$
1001+
Tarp, Economy,
Estimated ari:
7
$ -7
$ • 7S�
$ 3 ��a
20' x 30'.
(Please price the Estimated
Quantity based on quantities
10-100
$
$
less than 10 and provide
101-500
EA
$
$
pricing for quantity breaks as
501-1000
$
$
shown.)
1001+
Tarp, Economy,
Estimated Qty:
280
$ 9
$�_
$ 8 9
25' x 40'.
(Please price the Estimated
Quantity based on quantities
10-100
EA
$
$
less than 10 and provide
101-500
$
$
pricing for quantity breaks as
501-1000
$
$
shown.)
1001+
Tarp, Economy,
Estimated Oty•
159
$ '75—
S7�3
30' x 40'.
$
$ •��
(Please price the Estimated
Quantity based on quantities
10-100
EA
less than 10 and provide
101-500
$
$
pricing for quantity breaks as
shown.)
501-1000
$
$
1001+
$
$
Tarp, Economy,
Estimated Qty:
123
' /
`7 3
$
30' x 50'.
EA
$
((Please price the Estimated
Page 17 of 38
r'i•v of Tamarac
Purchasing and Contracts Division
Quantitybased on quantities
10-100
$
$
less than 10 and provide
101-500
$
$
pricing for quantity breaks as
501-1000
$
$
shown.)
1001+
$
$
Tarp, Heavy Grade,
30' 40'.
Estimated Qty:
193
EA
$
$�_
$
x
(Please price the Estimated
10-100
$
$
Quantity based on quantities
less than 10 and provide
101-500
$
$
pricing for quantity breaks as
501-1000
$
$
shown.)
1001 +
$
$
Tarp, Heavy Grade,
Estimated Qty:
203
EA
$_
$�
S q17 BS"
$_
30' x 50'.
(Please price the Estimated
10-100
$
$
Quantity based on quantities
101-500
$
$
less than 10 and provide
pricing for quantity breaks as
501-1000
$
$
shown.)
1001 +
$
TOTAL FOR
ESTIMATED
QUANTITY ITEMS
$ 6 3�
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
$
$
$
Submitted by: rgoske Date
Page 18 of 38
of Tamarac
BID FORM
BID NO. 15-20B
ROOF TARPS
and Contracts Division
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.
40.4��- All
Authorized Signature Company Name
wos kq (l ) /ti-)G' A
Typed/Printed Name
�?l8,g'/a-aq(--�
Telephone
-? I �- b �q- lgy
Fax
Email address for above signer (if any)
Address
fi ro-j� / y>> /--/ r
City, State, ZIP
Federal Tax ID Number
Wage 19 of 38
of Tamarac
BID FORM
BID NO. 15-20B
ROOF TARPS
Bidders Name: All-oSk F001'"MY) - -"4' /t 2 �
Purchasing and Contracts Division
TERMS: % (percent discount, if any, if payment made within DAYS;
otherwise, terms are NET 30 days.
Delivery/completion: calendar days after receipt of Notice to Proceed or Purchase
Order, whichever is applicable for this project,
To be considered eligible for award, one (1) original and three (3) copies of this bid form
should be submitted with the Bid. Copies must be provided within 3 business days of City's
request.
NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as
evidenced by completion of the Certified Resolution form contained herein (or acceptable
Corporate Resolution) may be deemed non -responsive and ineligible for award.
IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION:
Please indicate reason(s) why a Bid Proposal is not being submitted at this time.
Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor
listing.
Page 20 of 38
City of Tamarac
BIDDER'S QUALIFICATION STATEMENT
and Contracts Divisior7
The undersigned certifies under oath the truth and correctness of all statements and all
answers to Questions made hereinafter:
Name of Company
Address
City State Zip
Telephone
Fax Number
n 5f
1. How many years has your organization been in business under its present name?
Years
2. If Vendor is operating under Fictitious Name, submit evidence of compliance with
Florida Fictitious Name Statute:
3. Under what former name(s) has your business operated?
List former address(es) of that business (if any).
4. Are you Certified? Yes ❑ No ETIf Yes, attach copy of Certification
5. Are you Licensed? Yes ❑ No If Yes, attach copy of License
6. Has your company ever declared bankruptcy? Yes ❑ Noj:�
If Yes, explain:
7. Are you a Sales Representative [Distributor ❑ Broker ❑ or Manufacturer ❑
of the commodities/services bid upon?
8. Have you ever received a contract r a purchase order from the City of Tamarac or
other governmental entity? YesIFNo ❑ If yes, explain (date, service/project, bid
title etc.)
0
Have you ever received a complain n a contract or bid awarded to you by any
governmental entity? Yes ❑ No,3 If yes, explain:
10. Have you ever been debarred or suspended from doing business with any
governmental entity? Yes ❑ No {f yes, explain:
Page 21 of 38 Bidder's Qualification Statement
City of Tamarac -- - _ _ Purchasing and Contracts Division
REFERENCES
Please list government agencies and/or private firms with whom you have done business
during the last five years:
Your Company Name --- 411
Address qq Sl�-1'111"Or 5z�
City State ZipB. Phone/Fax
C. E-mail
Agency/Firm Name: __rD G
Address
City State Zip —
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
dam►-�'� I - - _ __ v54
__.. _....... _._.._..__.__..._.—___.._._------- --.--___._.----._.._.._.___._.__._._.___.__....... ______._..._ _...
..
' _ - �._� _-._._.._..... ..._...... _.._ _.........._
Page 22 of 38 References
of Tamarac
CERTIFIED RESOLUTION
Purchasing and Contracts Division
I Mos kjcl Fo o r-m n (Name), the duly elected Secretary of
�l --n- sAFe-Z�y (Corporate Title), a corporation organized and existing under the laws of
the State of /✓ e 1- ra r k do hereby certify that the following Resolution was
unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at
a meeting held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT /710SAk- (Name)", the
duly elected Sa (es P,3--1 4k%e r (Title of Officer) of
,411 -5� s,tFfL (Corporate Title) be and is hereby authorized to execute
and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other
instruments in writing as may be necessary on behalf of the said corporation; and that the
Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said
corporation as its own acts and deeds. The secretary shall certify the names and signatures of
those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and
shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or
damage resulting from or growing out of honoring, the signature of any person so certified or for
refusing to honor any signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name, titles and official signatures of those
persons authorized to act by the foregoing resolution.
NAME TITLE SIC URE
tnoS% ro/lirlar) Sct �ES PIAOA er /1111-
Given under my hand and the Seal of the said corporation this —7day of ��-� , 20 1 S
(SEAL) By.
✓;-76SI Q 1%11,11'7,
Secretary
oe/V&t I. V. Le
Vorporate Title
r�
NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such form
need not be followed explicitly, but the Certified Resolution submitted must clearly show
to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond
for the corporation has been properly empowered by the corporation to do so in its
behalf.
Pacre 23 of 38 Certified Resolution
City of Tamarac Purchasing and. Contracts Division
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE BID
We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the
Invitation to Bid. We (1) 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 Invitation To Bid.
INDICATE WHICH TYPE OF ORGANIZATION BELOW:
INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION;5""OTHER ❑
If "Other', Explain:
lit,
Authorized Signature Company Name
Typed/Printed Name
7/Y gp-0,7t-g
Telephone
-7/8 6g
Fax
S 4 �,r col l I /nX P y. � C) Y-1
Email address for above signer (if any)
Ll Z/ s//
Address
City, State, ZIP
t1 &1,.4v 7v6PZf
Federal Tax ID Number
Contractor's License Number
Page 24 of 38 Certification
of Tamarac Purchasing and Contracts Division
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:
1. 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.
2. 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.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. 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 that five (5) days after each conviction.
5. 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.
6. 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.
1411,, �"� xli -x S�ty
Authorized Signature Company Name
Page 25 of 38 Drug -Free Workplace
City of Tamarac Purchasing and Contracts Division
NON -COLLUSIVE AFFIDAVIT
State of _ 2 r )
)ss.
County of
>il being first duly sworn, deposes and
says that:
1. He/she is the(Owner, Partner, Officer,
Representative or Agent) of f -Z Ss �_, the Offeror that
has submitted the attached Proposal;
2. He/she is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
3. Such Proposal is genuine and is not a collusive or sham Proposal;
4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded;
conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or
person to submit a collusive or sham Proposal in connection with the Work for which the
attached Proposal has been submitted; or to refrain from bidding in connection with such
Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or
communication, or conference with any Offeror, firm, or person to fix the price or prices
in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost
elements of the Proposal price or the Proposal price of any other Offeror, or to secure
through any collusion, conspiracy, connivance, or unlawful agreement any advantage
against (Recipient), or any person interested in the proposed Work;
5. The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of
the Offeror or any other of its agents, representatives, owners, employees or parties in
interest, including this affiant.
Signed, sealecl and liveeerredd in the presence of:
�7GV By
Printed Name
Title
Page 26 of 38
of Tamarac
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of E1Q0Aa u/'
County of
and Contracts Division
On this the _ day of ����✓ , 2015, before me, the undersigned Notary Public
of the State of Florida, personally appeared
%'1'I o-"� n and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
1MTNESS my hand
and official seal.
NOTAKTPUBLIC1 S
NOTARY PUBLIC
SEAL OF OFFICE:
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
V c, ;.?tc o; N.Y.
❑Personally known to me, or
o.ua F;seG nty
�n n� ❑Produced identification:
commission F-x%'i'es Apr I
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
Page 27 of 38
CitL, of i amarac J Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF 1k, V
.SS
COUNTY OF G
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 _
a Corporation, to me known to be the person(s) described in and who
executed th foregoing instrument and acknowledged before me that he/she executed the
same.
WITNESS my hand and official seal this t day of 7-0-4) t , 2015.
N,EIVDE9 REINER
Notar: Fu!`�State of N,�;
No. L7>.= 857838
Qualified in vnas o my
lmiwon Expires {� / F
ign r otary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
❑Personally known to me or
Produced identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
Page 38 of 38
TR
Gay of Tamarac Purcliasing and Contracts Di * i
... . .. .....
BIDDER'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and all
answers to questions made hereinafter:
Name of Company 164- sa'Fe"�-J Corp
Address 'L4q Sk,(11414
City State Zip # f-00 if Am /-/ r .
Telephone ?(r fld00%
Fax Number -7/t 6%0- 0qq2,
1 How many years has your organization been in business under its present name?
-7 Years
2. If Vendor is operating under Fictitious Name, submit evidence of compliance with
Florida Fictitious Name Statute:
3. Under what former name(s) has your business operated?
List former address(es) of that business
4. Are you Certified? Yes NO{�J if Yes, attach copy of Certification
5. Are you Licensed? Yes No J� If Yes, attach copy of License
6. Has your company ever declared bankruptcy? Yes 0 No Ef
If Yes, explain-
7. Are you a Sales Representative ffDistributor E] Broker n or Manufacturer 0
of the commodities/services bid upon?
8. Have you ever received a contract or a purchase order from the City of Tamarac or
other governmental entity? Ye� ff No El If yes, explain (date, service/project, bid
�41( Wo oA rxeA P,3A!e
bve-, to
9. Have you ever received a mplainj on a contract or bid awarded to you by any
governmental entity? Yes n No If yes, explain.
10. Have you ever been debarred or su pended from doing business with any
governmental entity? Yes n iz Pfifyes,explain,
Page 21 Of'38 Sidder's QualfflCation StateMent
p
,ty OT Tamarac Purchasing and Contracts Division
REFERENCES
Please list government agencies and/or private firms with whom you have done business
during the last five years;
Your Company Name �r
Address qq Sk MI'llati 561.
City State Zip ri Y l
B. Phone/Fax
C. E-mail a c
1 . Address
City State Zit
Phone/Fax
Contact
Agency/Firm
Address
t
City State t
Phone/Fax
Contact
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm blame:
Address
City State zip
Phone/Fax
Contact Name
r
ri o rd Al
Su P
_rO ri
Page 22 of 38
cily of P{reusing and C�untracts Division
-6oArri-e-ii-c' REFERENCES
Please list government agencies and/or private firms with whom you have done businesg
during the last five years:
Your Company Name
Address
City State Zip
B. Phone/Fax
C. E-mail
I:T . AwzMA-AT,-M
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name,
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
— All :A S �4y C.0w.
Page 22 of 38 References
C!"tV of Tg, narac Purchasing and Contracts DIviston
CERTIFIED RESOLUTION
ION
:frar Mr. AMR:=
NAME ME SiG TPRE
mp-sk Fon"An V.'ex
Given under my hand and the Seal of the said corporation this _LV-- day of 20L�r
1A
(SEAL)
Secretary
Corporate Title
NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such form
need not be followed explicitly, but the Certified Resolution submitted must clearly show
to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond
for the corporation has been properly empowered by the corporation to do so -in Its
behalf
Page 23 of 38 CWtifted Pes*tion
D",vof T'amrwac
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of _
and Contras s Division
On this the /!� day of _Jcn_.e_ _, 2015, before me, the undersigned Notary Public
of the State of Florida, personally appeared
liq 05� C-0 / I mek yl and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC, Stkft OF FLORIDA
NOTARY PUBLIC e L
SEAL OF OFFICE: Affv -P 167—w'--�
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
_011—ersonally known to me, or
0 Produced identification:
co
_02
(Type of Identification Produced)
El DID take an oath, or.,a-DID NOT take an oath
Page 27 of 36
MT.A.MARAC
ILTA IN, [Af fw ywf 1,1C 0
Uify Of iWMdi6K,riffunewrig dtlu t-onlami-5 ownsforo
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),,
FLORIQA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
I . This sworn statement is submitted with Bid, Proposal or Contract No./
to the City of Tamarac for RoO+ 771rrp_�
2. This sworn statement is submitted by 4
(Name of entity submng sworn statement)
Federal Employer Identification Number (FEIN)
(if the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement:
3. My name is. �>Xf-
(print name of indjvid!�
at
a. A predecessor or successor of a person convicted of a public entity crime: or
b. An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and, agents who are active in the management of an affiliate. The owner
by one person of shares constituting a controlling interest in another person, or a
pooling of equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who has been convicted of a public entity crime in Florida
during the preceding 36 months shall be considered an affiliate.
Page 28 of 38
f ttE L.;y YP: 1C `Y _icl
DimonON of Tamarac Purchasing and Contracts
7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e} Florida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts led by a public entity or which otherwise transacts or applies
to transact business with a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members and agents who are
active in management of an entity.
8. Based on information and belief, the statement, which I have marked below, is true in
relation to the entity submitting this sworn statement. {Please indicate which statement
applies.}
Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity; nor any affiliate of the entity were charged
with and convicted of a public entity crime after July 1, 1989.-
The entity submitting this swornstatement,or • - or ® - of - officers,directors,
partners,• •-employees,•- or agents who
management are
active in the of or of ""•
andtonvicted of public entity crime after July 1, 1989.
Ej The entity submitting this sworn statement, or one of its officers, director,
executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or the affiliate of the entity has been
charged with and convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State
of Florida, Division of Administrative- Hearings and the FinalOrder entered by the
Hearing Officer determined that it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor list.: (Attach a copy of the
final order.)
I UNDERSTAND THAT THE SUBMISSION of THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR
THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31
OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT
IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFOR : N CONTAINED
IN THIS FORM,
(Signature)
(Date)
Pale 29 of 3
IN
C#y of Tamarac Purchasing and Contracts Division
WOM - * -- - 1�., =9 Al IR 4!1d 4 Ji I
STATE OF -SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Mosiv, 110 upm 1) of All
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 11"day of 2015.
SigRdfu—re of N&aij-Public
State of Florida at Large
Print, Type 'or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
REM
-1'y
cuumy
Commission Expi us Aprif 28, � LO/� Type of I.D. Produced
F] DID take an oath, or
C] DID NOT take an oath.
NSAFETY
IT'S ALL ABOUT SAFETY
T: 800-376-8415
C: 718-812-0968
F: 718-689-1442
44 Skillman St — Brooklyn NY 11205
www.allinsafety.com - Sales@allinsafetycom
To whom it may concern. 6/14/15
This is to confirm that if awarded on Bid #15-20B Roof Tarps, we
intent to provide the Roof Tarps without the quantity discounts,
the price we submitted is for any quantity needed.
Also we will not be upplying the contingency items
Thanks 41��7'
Moshe Follmaw
Vice President
Ak pHYGRADE
DIVISION OF
L.D.F. INDUSTRIES INC.
tovw� 30 WARSOFF' PLACE BRUQKLYN, NY 11205
PHONE - 718-488-9000 FAX - 718-69 -"00
Outside N.Y.S. 800-237-8I00 6
hygrade tb'I3'TLHYGR.4DE,5,,4F&Y.0 OM hygrode
Uf4 0 NOS
* Outstanding Properties 01OPW
Excellent Mechanical Proper
Good Stretching
Good Pr€ cessability
Additive
Antioxidant
Physical Properties
Physical Properties tint Test Method Value
Melt Index g/lomin ASTM D1238 1.1
Density 9/cc ATM D1505 0.954
.Melting Point oc ASTM D3418 134
°Vicat Softening Point oc ASTM D 1525 18
Rockwell Hardness Rockwell R ASTM D785 50
Flexural Modulus Kg/cm2 ASTM D790 10000
Tensile Strength At Yield Kg/cr2 ASTM D638250
lonaation At Break % ASTM D638 Soo
1.
These are typical properties : not to be construed as specification.
Outstanding Properties
High Drawability, low neck -in
Strang adhesion to HDPE, PP woven cloth
Good compatibility with color master batch.
* Additive
Antioxidant
o Physical Properties
Conitions
w
CylinderProcessing i1 11
Adapter/Head it'
tR
r
Physical Properties .
Unit
Test Method
Value
Melt Index
g110min
ASTM D1238
15.0
Density
8/cm3
ASTM D1505
0.922
Vicat Softening Point
oc
ASTM D1525
94
Melting Point
*c
ASTM D3417
Tensile Strength At Yield
Kg/cm�
ASTM D638
105
Tensile Strength At Brake
Kg/cm2
ASTM D638
170
Elongation At Break
%
ASTM D638
670
Brittleness Temperature, Fo
>c
ASTM D746
<-76
WVTR
g/m2/24hrs
ASTM F 1249-90
7.0
Neck -in t 1
cm
-
4.5
Allowable Coating Speed
m/min
>500
typicalproperties: not t be construed as • f
• Heavy Duty Poly Tarps
14 x 14 weave count
• 10.5 mil thickness
• 7.2 oz per sq. yard
1200 weave denier
• Corners are reinforced
• Rust proof aluminum grommets every 18 in. and on each corner
• Water, Acid, Rot, Tear, Rust and Mildew resistant
• Heat sealed seams and reinforced with poly rope
These Heavy -Duty Poly Tarps are easy to handle and constructed for using in various seasons
Tarps finished size is approximately 6" or up to 2% smaller
Resists UV rays from the sun
ANNUAL REQUIREMENTS FOR
ROOF TARPS
City of Tamarac
Purchasing Division
7525 NW 88t" Avenue
Room 108
Tamarac, FL 33321
a riata ,
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
ALL IN SAFETY, CORP.
and Contracts Division
THIS AGREEMENT is made and entered into this V day ofQZA�41_, 2015 by
and between the City of Tamarac, a municipal corporation wiffi incipal 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 St., 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, Bid Document No. 15-20B,
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. 15-20B as issued by
the City, and the Contractor's Proposal, dated June 4, 2015 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
The Contractor shall perform all work for the City required by the contract documents as set
forth below:
2.1. Contractor shall furnish all tarps in the size and grade as ordered by the City or
other member of the Co-op.
2.2. 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 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
Page 2 of 9
Cif" MMEWQWNAQ� Purchasing and Contracts Division
,WV U11
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.
6.2 Each member of the Co-op shall be responsible for their payment
arrangements.
Page 3 of 9
Page 4 of 9
of Tan,
mrac
7) Warranty
Purchasing and Contracts Division
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.
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.
9) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate against
any employee or applicant for employment because of race, religion, color, gender, national
origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. The Contractor will take affirmative action to ensure that employees are
treated during employment, without regard to their race, religion, color, gender, national
origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. Such actions must include, but not be limited to, the following:
Page 4 of 9
City of Tamarac Purchasing and Cootracts Division
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 shall agree to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause. The Contractor further agrees
that he/she will ensure that 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.
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
Page 5 of 9
City of Tamarac
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 Corp.
Attn: Moshe Follman
44 Skillman St.
Brooklvn, NY 11205
13) Termination
Purchasing and Contracts Division
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.
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
Page 6 of 9
of Tamarac Purchasing and Contracts Division
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 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.
Page 7 of 9
City of an"'iarac
Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor
and City Manager, and CONTRACTOR, signing by and through its Vice President duly
authorized to execute same.
pMA
0. -
963 0 =
\ :=
4J
AT RD Ov
11
atricia Teufel, CIV
City Clerk
7
Date
ATTEST:
E :
P
Signature of Corporate Secretary
C,haniiz- T'J11�1gr�
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
N/A
Cift OF TAMARAC
Al
Har6 bresrsier, �Mayor
Date
" ichael C. Cernech, City Manager
Oro
Date
Approved as to form and legal sufficiency:
r—M',u qVdA4-.l
City A o-mey
Date
All In Safety Corp.
Company Name
Signature o ice President
Moshe Follman/Vice President
Type/Print Name of President/Owner
Date
Page 8 of 9
V
City of Taaiarae I Puruhasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Moshe Follman, of All In Safety Corp., 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 1-3 , 2015.
2�2��e
DAVID KA Signature 6&Wary Public
Notary Public, State of New York
No. 01 KA6099314
Qualified in KingsCounty
Commission Expires Sept 29,205—
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
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