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CITY OF POMPANO BEACH

POMPANO BEACH, FLORIDA

INVITATION TO BID

ITB27-004 - Emergency Rental, Delivery, Installation, Maintenance, and Removal of Tents, Canopies, and Related Temporary Shelter Equipment

Non-Mandatory Pre-Bidders Conference

November 4, 2026, at 10:00 AM

Virtual Zoom Meeting

For Access, Go To: https://www.pompanobeachfl.gov/meetings

ITB Opening: December 3, 2026, at 2:00 PM

Virtual Zoom Meeting

For Access, Go To: https://www.pompanobeachfl.gov/meetings https://www.pompanobeachfl.gov/meetings

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October 22, 2026

Dear Prospective Bidders, SUBJECT: Invitation to Bid (ITB) ITB27-004 - Emergency Rental, Delivery, Installation, Maintenance, and Removal of Tents, Canopies, and Related Temporary Shelter Equipment

The City of Pompano Beach (the “City”) is interested in receiving Bids for the Emergency Rental, Delivery, Installation, Maintenance, and Removal of Tents, Canopies, and Related Temporary Shelter Equipment.

Bidders must be registered on the City’s eBid System to view the solicitation documents and respond to this solicitation. The complete solicitation document can be downloaded free of charge from the eBid System at https://procurement.opengov.com/login. Bids must bear the electronic signature of an authorized officer of the Bidder who is legally authorized to enter into a contractual relationship in the Bidder's name. THE CITY will consider the submittal of a Bid as constituting an offer by the Bidder to perform the required services at the prices stated herein. The city is not responsible for the accuracy or completeness of any documentation the Bidder receives from any source other than the eBid System. The Bidder is solely responsible for downloading all required documents. Responses will be electronically unsealed in a public forum and read aloud.

Bids must be submitted electronically at https://procurement.opengov.com/login, referred to hereinafter as the eBid System, on or before the date and time stated in Section 1 - Schedule of Events. Bids received after 2:00 p.m. ET on the due date will not be considered, and late Bids will not be accepted.

Cone of Silence shall take effect once this solicitation is released to the General Public and shall remain in effect until the City Commission has taken final action to approve or reject an award. The “Cone of Silence” shall terminate upon the City’s award or approval of a contract, rejection of all proposals or responses, or any other formal action that concludes the solicitation or other procurement process. For confirmation of the official termination date of the Cone of Silence, contact the Purchasing Agent of record. During the Cone of Silence period, Respondents to this solicitation, or persons acting on their behalf, including lobbyists, shall not communicate, directly or indirectly, regarding any aspect of this solicitation with any member of the City Commission, the City Clerk, the City Manager’s Office, any Evaluation Committee member, or any other City of Pompano Beach employee, except in writing to the Procurement and Contracts Department staff as expressly permitted in this solicitation. Violation of the Cone of Silence may be grounds for rejection of a Proposal or other appropriate action as permitted by City ordinance.

All communications must go through the eBid System (OpenGov) or the Purchasing Agent assigned to this solicitation, Cynthia Gomez, at 954-786-4166, or cynthia.gomez@copbfl.com. Any information that amends this solicitation is binding only when issued by Addendum through OpenGov.

Carefully read all portions of the ITB document to ensure the Bidder's Bid fully complies with all requirements.

https://procurement.opengov.com/login mailto:cynthia.gomez@copbfl.com

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Table of Contents

1. SCHEDULE OF EVENTS

2. PROJECT OVERVIEW AND SCOPE OF SERVICES

3. BIDDER QUALIFICATIONS AND SUBMISSION REQUIREMENTS

4. AWARD AND RESERVATION OF RIGHTS

5. STANDARD PROVISIONS

6. ADDENDA

7. ATTACHMENTS AND EXHIBITS

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1. SCHEDULE OF EVENTS

ITB Number: ITB27-004

ITB Title:

Emergency Rental, Delivery, Installation, Maintenance, and Removal of Tents, Canopies, and Related Temporary Shelter Equipment

Release Date: October 22, 2026

Date Published in Sun-Sentinel: October 25, 2026

Non-Mandatory Pre-Bidders Conference: November 4, 2026, at 10:00 AM

Written Questions and Inquiries Are Due on or Before:

November 17, 2026, at 5:00 PM

ITB Responses Due Date/Time: December 3, 2026, at 2:00 PM

Recommendation for Award: TBD

Direct All Inquiries To: https://procurement.opengov.com/login

E-Bids Submittals Only: https://procurement.opengov.com/login

Bids Virtual Opening: https://www.pompanobeachfl.gov/meetings

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2. PROJECT OVERVIEW AND SCOPE OF SERVICES

Introduction

The City of Pompano Beach is located within Broward County and has experienced near-catastrophic emergency events (Events), such as Hurricanes, and, more recently, the COVID-19 Pandemic. These events may occur sporadically and often with limited advance notice; therefore, the City of Pompano Beach must be prepared to respond to future emergencies, disasters, and other urgent operational needs.

The City of Pompano Beach is seeking bids from qualified, experienced, and properly licensed firms to provide emergency rental, delivery, installation, maintenance, relocation, dismantling, and removal of tents, canopies, temporary shelter structures, and related accessories on an as-needed basis before, during, and after declared or non-declared emergency events.

The City intends to establish one or more contracts with qualified vendors capable of rapid emergency activation.

Services may be required at any City-designated location, including but not limited to emergency operations sites, public safety staging areas, distribution points, temporary service locations, shelters, public facilities, parks, parking lots, and other locations identified by the City.

The City may make multiple awards under this solicitation to ensure adequate capacity, geographic availability, redundancy, and timely responses during emergency conditions. Award of a contract does not guarantee any minimum amount of work. Services will be requested by the City through written task authorizations, purchase orders, emergency notices to proceed, or other written direction issued by the City.

The selected Contractor(s) must demonstrate sufficient inventory, staffing, equipment, emergency response capability, financial stability, and experience providing temporary tenting and canopy services under emergency conditions. Contractor(s) must be capable of mobilizing, obtaining required permits, coordinating inspections, delivering materials, and completing installation in a timely manner, generally within forty-eight (48) hours or less from the City’s activation request, unless otherwise approved in writing by the City.

As-Needed Emergency Services and FEMA Reimbursement Services under this ITB shall be provided on an as-needed basis before, during, and after emergency events, disaster events, public safety incidents, severe weather events, or other situations as determined by the City.

Award of a contract does not guarantee any minimum quantity of work or expenditure.

The City may use services under the resulting contract for work that may be eligible for reimbursement by the Federal Emergency Management Agency (“FEMA”), the State of Florida, or other federal, state, or local funding sources. Accordingly, the Contractor shall provide pricing, invoices, records, and supporting documentation in a manner that assists the City in meeting applicable reimbursement, audit, and grant compliance requirements.

Payment by the City shall be made in accordance with the resulting contract and applicable law. The Contractor acknowledges that the City may require itemized invoices and supporting documentation sufficient to establish the location, date, time, scope of work, labor, equipment, materials, rental items, unit pricing, and reasonableness of costs for FEMA or other reimbursement purposes.

FEMA reimbursement is not guaranteed, and the City’s obligation to pay the Contractor shall not be contingent upon the City’s receipt of FEMA reimbursement, unless otherwise expressly stated in the resulting agreement.

However, the Contractor shall fully cooperate with the City to ensure that all work, invoicing, and documentation are structured to support the City’s eligibility for reimbursement to the greatest extent permitted by law.

Contract Term The initial Contract term shall be three (3) years. The City may, at its sole discretion and subject to any required approvals, renew the Contract for one (1) additional two (2)-year term by written amendment. Renewal is not automatic.

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Non-Mandatory Pre-Bidders Conference A non-mandatory pre-bid conference will be held virtually through Zoom on the date and time stated in Section 1 - Schedule of Events. For access, go to https://www.pompanobeachfl.gov/meetings. Attendance is strongly encouraged but is not required to submit a Bid.

Scope of Services The Contractor shall furnish all labor, supervision, materials, tents, canopies, temporary shelter structures, sidewalls, anchoring systems, water barrels or other approved ballast systems, lighting, flooring, ramps, air conditioning connections or units, generators if requested, fire extinguishers, signage, transportation, equipment, tools, permits, inspections, engineered drawings when required, maintenance, dismantling, removal, and all other items necessary to provide complete and operational temporary tent and canopy installations as requested by the City.

Services shall be provided on an as-needed, emergency, short-notice, and scheduled basis. The City may request services before, during, or after emergency events, including but not limited to hurricanes, tropical storms, flooding, severe weather, public health emergencies, utility outages, public safety incidents, special emergency operations, disaster recovery activities, and other events requiring temporary covered space, staging areas, or temporary shelter.

The City may request services at any City-designated location, including but not limited to emergency operations sites, public safety staging areas, points of distribution, temporary service locations, shelters, public facilities, parks, parking lots, rights-of-way, and other locations identified by the City.

2.5.1. Emergency Activation and Response Time

Upon activation by the City, the Contractor shall acknowledge receipt of the request within two (2) hours and provide the City with estimated availability, delivery schedule, installation schedule, staffing plan, and any site-specific requirements.

Unless otherwise approved by the City in writing, the Contractor shall mobilize, deliver, and complete installation of requested tents, canopies, temporary shelter structures, and related equipment within forty-eight (48) hours after the City’s written activation, notice to proceed, purchase order, or other written request.

For urgent emergency conditions, the City may request accelerated performance. Contractor shall make best efforts to provide faster mobilization when public safety, emergency response, disaster recovery, continuity of operations, or FEMA-reimbursable emergency protective measures require immediate action.

2.5.2. Multiple Locations and Simultaneous Requests

Services may be required at multiple locations at the same time. Contractor shall be responsible for verifying site conditions, access requirements, utility conflicts, anchoring limitations, staging areas, weather conditions, and any other conditions affecting safe and timely installation.

The City may issue multiple simultaneous requests at different locations. Contractor shall identify in its Bid its capacity to support multiple locations, including available inventory, crews, vehicles, subcontractors, staging resources, and emergency staffing.

2.5.3. Permits, Engineered Drawings, and Inspections

The Contractor shall be responsible for obtaining all permits, approvals, inspections, engineered drawings, certifications, fire safety approvals, and other documentation required by applicable federal, state, county, and local laws, codes, ordinances, and regulations.

Contractor shall coordinate directly with the City’s Building Department, Fire Department, or other authority having jurisdiction as required. Contractor shall include all permit costs, inspection costs, engineering costs, administrative costs, and related charges in its pricing unless otherwise approved in writing by the City.

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Failure to obtain required permits, inspections, approvals, or certifications shall not relieve the Contractor of its obligation to perform within the required response time, unless the delay is caused solely by the permitting authority and the Contractor has documented timely submission and diligent follow-up.

2.5.4. Codes, Safety, and Standards

All tents, canopies, temporary shelter structures, anchoring systems, accessories, electrical components, and related installations shall comply with applicable requirements, including but not limited to the Florida Building Code, Florida Fire Prevention Code, local ordinances, OSHA requirements, manufacturer specifications, and all applicable life-safety standards.

All tent and canopy materials shall be flame-resistant and shall include appropriate flame-resistance certifications. Contractor shall provide fire extinguishers, “No Smoking” signs, exits, egress clearances, anchoring, ballast, tie-downs, and other safety measures as required by code and by the authority having jurisdiction.

The Contractor shall be solely responsible for site safety related to its work, including protection of City employees, Contractor employees, subcontractors, invitees, and the public.

2.5.5. Required and Optional Equipment

At a minimum, the City may request the following types of equipment and services. Quantities and locations will be determined by the City on an as-needed basis:

A. Frame tents, pole tents, canopies, and temporary shelter structures in various sizes, including but not limited to 10’ x 10’, 20’ x 50’, 30’ x 160’, and other sizes requested by the City;

B. Water barrels, ballast, anchoring, tie-downs, and stabilization systems;

C. Sidewalls, tent siding, doors, entryways, and partitions;

D. Lighting, electrical connections, HVAC connections, air conditioning units, fans, or ventilation equipment, if requested;

E. Flooring, ramps, mats, and accessibility-related components, if requested;

F. Fire extinguishers, “No Smoking” signs, exit signs, and other fire/life-safety items required by code;

G. Delivery, installation, inspection coordination, maintenance, dismantling, removal, relocation, and reinstallation;

H. Emergency dismantling, removal, securing, or reinstallation due to approaching storms, high winds, operational needs, or safety concerns; and I. Generators or temporary power support, if requested and available.

All equipment shall be clean, safe, functional, code-compliant, and suitable for the intended emergency or operational use.

2.5.6. Emergency Contacts and Availability

Contractor shall provide a primary and secondary emergency contact available twenty-four (24) hours per day, seven (7) days per week, including weekends and holidays. Contractor shall immediately notify the City in writing of any changes to emergency contact information.

During an emergency event, Contractor shall maintain active communication with the City’s designated representative and provide status updates as requested.

2.5.7. Storm Removal, Dismantling, and Reinstallation

The City may require the Contractor to dismantle, secure, relocate, remove, or reinstall tents and canopies due to approaching storms, high winds, safety concerns, operational changes, or direction from the authority having jurisdiction.

Contractor shall provide pricing for dismantling, emergency removal, storage if applicable, and reinstallation.

Contractor shall respond to such requests within the timeframe specified by the City, which may be less than

ITB27-004 Page 8 of 19 twenty-four (24) hours depending on emergency conditions.

2.5.8. City Responsibilities

The City will make reasonable efforts to provide the following, as applicable:

A. Access to the designated installation site;

B. A City representative or designee for coordination;

C. Electrical power, if available and necessary;

D. Security, if necessary and available; and E. Written direction for activation, shutdown, relocation, dismantling, or removal.

Depending on the circumstances of the event, the City may not be able to provide electrical power. The City may request that the Contractor provide or coordinate temporary power or generators, if available, at the pricing provided in the Contractor’s Bid or as otherwise approved in writing by the City.

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3. BIDDER QUALIFICATIONS AND SUBMISSION REQUIREMENTS

Submission Format Bids must be submitted electronically through the City's eBid System at https://procurement.opengov.com/login on or before the date and time stated in the Schedule of Events. Submissions must include all documents required in the Attributes and Response Attachments tabs.

Minimum Qualifications of Bidders To be considered responsive and responsible, the Bidder must satisfy each of the following minimum qualifications. The Bidder shall submit the requested documentation with its Bid. Failure to satisfy a minimum qualification or provide sufficient supporting documentation may result in the Bid being determined nonresponsive or nonresponsible.

3.2.1. Comparable Experience

The Bidder must have a minimum of three (3) years of experience providing the rental, delivery, installation, maintenance, dismantling, and removal of commercial tents, canopies, or comparable temporary shelter structures.

The Bidder shall describe its relevant experience on the Qualification of Bidders Form and identify the dates and types of services performed.

3.2.2. References

The Bidder must provide a minimum of three (3) references for customers for whom the Bidder has provided services comparable in size, scope, and complexity to those required by this ITB within the preceding five

(5) years.

At least one (1) reference should involve emergency, disaster-response, expedited, or short-notice services. References must include the customer’s name, contact person, telephone number, email address, contract or project description, service dates, and approximate contract value.

The City reserves the right to verify references and consider documented past performance when determining Bidder responsibility.

3.2.3. Emergency Response Experience

The Bidder must demonstrate experience providing tents, canopies, temporary shelter structures, or related equipment under emergency, disaster-response, severe-weather, public-safety, or other expedited conditions.

The Bidder shall provide at least one (1) example of a comparable emergency or short-notice activation, including the equipment provided, required response time, number of locations supported, and services performed.

3.2.4. Emergency Availability and Response Time

The Bidder must be capable of providing emergency services twenty-four (24) hours per day, seven (7) days per week, including weekends and holidays.

The Bidder must be capable of:

a. Acknowledging the City’s activation request within two (2) hours;

b. Providing its estimated equipment availability, delivery schedule, installation schedule, staffing plan, and site requirements following activation; and

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c. Mobilizing, delivering, and completing installation within forty-eight (48) hours after receiving the City’s written activation, unless a different timeframe is authorized by the City in writing.

The Bidder must identify a primary and secondary emergency contact who will be available throughout the Contract term.

3.2.5. Equipment and Inventory

The Bidder must have ownership of, contractual access to, or the demonstrated ability to obtain sufficient commercial-grade tents, canopies, temporary shelter structures, equipment, vehicles, and accessories necessary to perform the services required by this ITB.

At a minimum, the Bidder must demonstrate access to the following:

a. Frame tents, pole tents, canopies, or temporary shelter structures in the sizes identified in the Pricing Schedule;

b. Appropriate anchoring, ballast, tie-down, or stabilization systems;

c. Sidewalls, entrances, exits, partitions, and related tent accessories;

d. Lighting, flooring, ramps, mats, ventilation, HVAC, or other accessories offered in the Bid;

e. Required fire extinguishers, exit signs, “No Smoking” signs, and other life-safety equipment; and

f. Vehicles, tools, and installation equipment necessary for delivery, installation, maintenance, dismantling, and removal.

The Bidder shall submit an inventory and equipment list identifying the type, size, quantity, ownership or access arrangement, and general availability of the equipment proposed for use under the Contract.

3.2.6. Staffing

The Bidder must have sufficient trained and experienced personnel to deliver, install, inspect, maintain, relocate, dismantle, and remove tents, canopies, temporary shelter structures, and related equipment safely and within the required timeframes.

The Bidder must be capable of supporting at least two (2) City-designated locations simultaneously during an emergency activation.

The Bidder shall identify the number of installation crews, supervisors, vehicles, subcontractors, and other resources available to support simultaneous requests. The Bidder shall also describe any limitations on the number, size, or location of installations it can support at one time.

3.2.7. Licenses and Permits

The Bidder shall provide copies of all currently applicable licenses and registrations with its Bid. Permits and approvals that are specific to an activation or installation shall be obtained within the timeframe required for the applicable Work.

3.2.8. Safety and Compliance

The Bidder must demonstrate its ability to provide equipment and installations that comply with all applicable requirements, including the Florida Building Code, Florida Fire Prevention Code, OSHA requirements, manufacturer specifications, local ordinances, and applicable life-safety standards.

All tent and canopy materials must be flame-resistant and supported by appropriate flame-resistance certifications. The Bidder shall provide such certifications upon request and before installation.

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3.2.9. FEMA and Federal Documentation Capability

The Bidder must be capable of preparing and maintaining complete, accurate, and itemized documentation sufficient to support City payment, audit review, and potential FEMA or other grant reimbursement.

The Bidder must be able to document, at a minimum:

a. The activation or authorization for the Work;

b. Service dates, times, and locations;

c. Equipment type, size, quantity, and rental duration;

d. Delivery, installation, maintenance, relocation, dismantling, and removal activities;

e. Labor classifications, employee names or unique identifiers, hours worked, and applicable rates when labor is separately authorized;

f. Materials, accessories, subcontracted services, and other approved charges;

g. Daily activity reports, delivery tickets, photographs, inspection records, and acceptance documentation;

and

h. Invoices that correspond to the Contract’s approved unit prices.

The Bidder must agree to retain and provide records and cooperate with the City, FEMA, the State of Florida, and other authorized oversight or auditing entities as required by the Contract.

3.2.10. Subcontractors

The Bidder must identify all known subcontractors that may perform a material portion of the services.

The awarded Contractor will remain fully responsible for the performance, conduct, documentation, and compliance of its subcontractors. Use of subcontractors will not relieve the Contractor of any obligation under the Contract.

Insurance The awarded Contractor shall obtain and maintain the insurance required by Exhibit B. Certificates of Insurance are subject to the City's review and written approval before work begins. No bid bond, payment bond, or performance bond is required for this ITB.

Bidder’s Responsibilities Before submitting a response, the Bidder shall be solely responsible for conducting any necessary investigations, evaluations, and examinations to ascertain all conditions and requirements affecting full performance of the Contract, including thoroughly examining the ITB Documents, visiting the site to become familiar with local conditions that may affect costs, progress, performance, or furnishing of the work, considering all applicable federal, state, and local laws and regulations, carefully correlating the Bidder’s observations with the ITB Documents, and notifying the City of any conflicts, errors, or discrepancies in the ITB Documents;

ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Bidder from any obligation to comply with every detail and with all provisions and requirements of the Contract and will not be accepted as a basis for any subsequent claim for monetary consideration, and the Bidder acknowledges that any information and data reflected in the ITB Documents concerning or contiguous to the site is based upon information furnished to the City by others and the City does not assume responsibility for its accuracy or completeness unless expressly provided otherwise.

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Costs Incurred by the Bidder in Preparation of the Bids

Bidders are responsible for any and all costs associated with responding to this ITB. The City will not reimburse any Bidder for preparation, submittal, travel, or per diem costs. All expenses involved with the preparation and submission of Bids, or any work performed in connection with this solicitation, shall be the sole responsibility (and shall be at the sole cost and expense) of the Bidder and shall not be reimbursed by the City.

Pricing Bidders shall complete the City’s Pricing Schedule in its entirety and provide firm unit prices for all listed line items. Unit prices shall include all costs necessary for complete performance, including labor, supervision, equipment, transportation, standard tools, administrative costs, overhead, profit, and incidental costs, unless the Pricing Schedule expressly identifies a separate payable line item.

The Pricing Schedule contains City-provided evaluation quantities for the sole purpose of calculating each Bidder’s Total Evaluated Bid Price. Evaluation quantities are estimates only; they are not a guarantee of work, expenditure, or minimum purchase obligation. The City will pay only for services actually authorized and performed at the awarded unit prices.

The Total Evaluated Bid Price will equal the sum of each unit price multiplied by its corresponding evaluation quantity. Bidders shall not alter the City-provided evaluation quantities. The City may reject a Bid that is materially unbalanced, conditional, incomplete, or contains an unapproved charge.

Bidders shall clearly identify all charges in the Pricing Schedule, including any emergency activation or mobilization charge, after-hours labor rate, storm securing or removal rate, rental rates, delivery and pickup, installation, dismantling and removal, relocation or reinstallation, accessories, and temporary power. No charge not identified in the Pricing Schedule will be payable unless approved by the City in writing before the cost is incurred.

The awarded unit prices shall remain firm during the initial Contract term and any renewal term, unless otherwise authorized by a written amendment executed by the City. All invoices must be itemized by location, service date, equipment type and quantity, rental duration, labor classification and hours when applicable, and the applicable awarded unit price, with supporting documentation sufficient for audit and potential FEMA or other reimbursement review.

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4. AWARD AND RESERVATION OF RIGHTS

Basis of Award The City intends to make multiple awards to the lowest responsive and responsible Bidders based on the Total Evaluated Bid Price. The Total Evaluated Bid Price will be calculated by multiplying each Bidder’s unit price for each line item in the Pricing Schedule by the City-provided evaluation quantity for that line item and summing the resulting extended prices. The number of awards will be determined by the City based on available competition, pricing, contractor capacity, and the City’s need for sufficient emergency coverage and redundancy.

The City may establish a primary, secondary, and additional contractor ranking based on the Total Evaluated Bid Price. During an activation, the City may contact the next-ranked awarded Contractor when a higher-ranked Contractor cannot provide the required equipment, quantity, location, or response time. Award of a Contract does not guarantee that a Contractor will receive any work.

Fair and Reasonable Pricing The City may review overall and line-item pricing for consistency with fair market conditions. The City may reject unbalanced, materially inflated, materially understated, conditional, or otherwise unreasonable pricing.

Reservation of Rights The City reserves the right to reject any or all Bids, waive minor informalities, request clarification, verify information, negotiate permitted Contract terms, award in whole or in part, cancel or postpone the solicitation, or take any other action authorized by law and determined to be in the City's best interest.

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5. STANDARD PROVISIONS

Submission, Representation, and ITB Conditions

Bids must be submitted to the city on or before the date and time specified in the solicitation. By electronically submitting a Bid, the Bidder represents and warrants that it has thoroughly examined and understands the solicitation documents; has complied with all requirements contained therein; has based its Bid upon performing and furnishing the goods and/or services in strict accordance with the solicitation documents; and acknowledges that the solicitation documents are sufficient in scope and detail to convey full understanding of all terms, conditions, and requirements for performance. The Bid shall be deemed submitted without exception unless expressly stated in the Bid at the time of submission. Exceptions, deviations, or conditions not included in the Bid at the time of submission shall not be considered after the submittal deadline.

All Bids and supporting materials submitted shall become the property of the City. The City reserves the right to postpone or cancel the solicitation, to reject any or all Bids, to waive technical or formal irregularities, and to award a contract in whole or in part if deemed in the best interest of the City. The City shall not be liable for any costs incurred by the Bidder in preparing or submitting a Bid or in connection with this solicitation.

Acceptance Period Bids submitted in response to this ITB must be valid for a period of no less than one hundred eighty (180) days from the closing date of this solicitation.

Withdrawal Of Bids A firm may withdraw its Bids without prejudice no later than the advertised deadline for submission of Bids by using the eBid System or through written communication to the Procurement and Contracts Department, 1101 N.E. 5th Avenue, Pompano Beach, Florida 33060.

Protest Procedures The Protest Procedures established within the Procurement and Contracts Procedures Manual and Section 120.57, Florida Statutes, must be followed to file a valid Protest to this solicitation. To be considered, protests concerning the proposed solicitation award must be filed in writing with the Procurement and Contracts Director.

They may only be filed by Bidders or by Bidders whose solicitation or award may be aggrieved. The initial protest must be addressed to the following:

Director of Procurement & Contracts, City of Pompano Beach 1101 N.E. 5th Avenue, Pompano Beach, Florida 33060

Familiarity With Laws It is assumed the selected firm(s) will be familiar with all federal, state, and local laws, ordinances, rules, standards, and regulations that may affect its services pursuant to this ITB. Ignorance on the part of the firm will in no way relieve the firm from responsibility for compliance.

Staff Assignment The City of Pompano Beach reserves the right to approve or reject, for any reason, the Bidder’s staff assigned to this project at any time. Background checks may be required at the discretion of the City.

Contract Terms The contract shall include, at a minimum, this ITB document and the successful Bidder’s Bids. The City of Pompano Beach City Attorney shall prepare the contract. If the City of Pompano Beach defends any claim, demand, cause of action, or lawsuit arising out of any act, action, negligent acts or negligent omissions, or willful misconduct of the contractor, its employees, agents, or servants during the performance of the contract, whether directly or indirectly, the contractor agrees to reimburse the City of Pompano Beach for all expenses, attorney’s fees, and court costs incurred in defending such claim, cause of action or lawsuit.

Waiver It is agreed that no waiver or modification of the contract resulting from this ITB, or of any covenant, condition, ITB27-004 Page 15 of 19 or limitation contained in it shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this contract, or the right or obligations of any party under it, unless such waiver or modification is in writing, duly executed as above. The parties agree that the provisions of this paragraph may not be waived except by a duly executed writing.

Manner of Performance The Bidder agrees to perform its duties and obligations under the contract resulting from this ITB in a professional manner and in accordance with all applicable local, federal, and state laws, rules, and regulations.

Bidder agrees that the services provided under the contract resulting from this ITB shall be provided by employees who are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish the City of Pompano Beach with all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees are now in and will maintain good standing with such governmental agencies and that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of the Bidder to comply with this paragraph shall constitute a material breach of contract.

Materials, Equipment, Quality, and Substitutions All rental equipment and related materials furnished under the Contract shall be clean, safe, maintained in good working order, operational, suitable for the intended use, and compliant with all applicable codes, manufacturer requirements, and solicitation specifications. The Contractor shall promptly replace any defective, damaged, unsafe, or noncompliant equipment at no additional cost to the City.

Where specific materials, equipment, brands, models, drawings, or specifications are referenced in the solicitation documents, the Contract, if awarded, shall be based upon the items described therein. No substitute or “or equal” item shall be furnished unless the solicitation expressly permits substitutions and the City provides prior written approval. Requests for approval of substitute or “or equal” items, when permitted, shall be submitted in writing in accordance with the procedures outlined in the solicitation documents, and the City’s determination of acceptability shall be final.

Occupational Health, Safety, and Hazardous Materials If the suppliers use, handle, store, transport, deliver, test, dispose of, or otherwise bring onto City property any chemical, biological, hazardous, toxic, or regulated substance or material in performance of the Contract, the Contractor shall comply with all applicable federal, state, and local laws, regulations, and standards, including as applicable, OSHA requirements, EPA regulations, and Florida Statutes.

The Contractor shall provide current Safety Data Sheets (SDS) for all applicable products or substances upon request and prior to use or delivery to City property. All materials shall be properly labeled in accordance with OSHA and other applicable regulatory standards. The Contractor shall ensure proper storage, handling, transportation, disposal, and employee training related to such materials and shall implement appropriate safety procedures, including spill prevention and response protocols.

The Contractor shall be solely responsible for any violations, releases, spills, contamination, improper disposal, regulatory citations, or damages arising from its handling or use of such materials and shall immediately notify the City of any incident involving hazardous or regulated substances occurring in connection with the Contract.

Contractor shall be responsible for the proper disposal of hazardous, chemical, biological, or regulated waste in accordance with all applicable laws and shall provide documentation of lawful disposal upon request.

Environmental Regulations The City reserves the right to consider the Bidder's history of citations or violations of Environmental Regulations and investigate the Bidder's responsibility. Further, it reserves the right to declare the Bidder not responsible if the Bidder's history of violations warrants such a determination in the City's opinion. The Bidder shall submit a complete history of all citations, violations, notices, and dispositions within the Bids. The non-submission of any such documentation shall be deemed an affirmation by the Bidder that there are no citations or violations. The Bidder shall notify the City immediately of notice of any citation or violation, which the Bidder

ITB27-004 Page 16 of 19 may receive after the ITB opening date and during the time of performance of any contract/agreement awarded to it.

Omissions Omissions in the specifications of the ITB, Attachments, Exhibits, or any Addendum regarding any details or the omission from the specification of a detailed description concerning any point shall be interpreted as meaning that only the best available units or service shall be provided. The best commercial practices are to prevail, and only materials and workmanship of first quality are to be used to submit these Bids.

Hold Harmless and Indemnification Bidder covenants and agrees that it will indemnify and hold harmless the City and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, action, neglect, or omission by the Bidder, whether direct or indirect, or whether to any person or property to which the City or said parties may be subject, except that neither the Bidder nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused by or resulting from the sole negligence of the City or any of its officers, agents or employees.

Composition Of Project Team The principals and personnel named in the Bids must perform the services throughout the contractual term unless otherwise provided for by way of a negotiated contract or written amendment to the same executed by both parties. No diversion or substitution of principals or personnel will be allowed unless a written request that sets forth the qualifications and experience of the proposed replacement(s) is submitted to and approved by the city in writing.

Survivorship Rights This contract resulting from this ITB shall be binding on and inure to the benefit of the respective parties and their executors, administrators, heirs, personal representatives, successors, and assigns.

Termination The City of Pompano Beach may terminate the contract resulting from this ITB without cause upon providing the contractor with at least sixty (60) days prior written notice. Should either party fail to perform any of its obligations under the contract resulting from this ITB for a period of thirty (30) days after receipt of written notice of such failure, the non-defaulting part will have the right to terminate the contract immediately upon delivery of written notice to the defaulting part of its election to do so. The foregoing rights of termination are in addition to any other rights and remedies such party may have.

Governing Law Any agreement resulting from this ITB shall be governed by the laws of the State of Florida, and the venue for any legal action relating to such agreement will be the 17th Judicial Circuit Court of Broward County, Florida.

Relationship to the City It is the intent of the City, and the Bidder hereby acknowledges and agrees that the successful Bidder is considered to be an independent Contractor and that neither the Bidder nor the Bidder’s employees, agents, or Contractors shall, under any circumstances, be considered employees or agents of the City.

Cone of Silence Cone of Silence shall take effect once this solicitation is released to the General Public and shall remain in effect until the City Commission has taken final action to approve or reject an award. The “Cone of Silence” shall terminate upon the City’s award or approval of a contract, rejection of all proposals or responses, or any other formal action that concludes the solicitation or other procurement process. During the Cone of Silence period, Respondents to this solicitation, or persons acting on their behalf, including lobbyists, shall not communicate, directly or indirectly, regarding any aspect of this solicitation with any member of the City Commission, the City Clerk, the City Manager’s Office, any Evaluation Committee member, or any other City of Pompano Beach employee, except in writing to the Procurement and Contracts Department staff as expressly permitted in this solicitation. Violation of the Cone of Silence may be grounds for rejection of a

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Proposal or other appropriate action as permitted by City ordinance.

Communications No negotiations, decisions, or actions shall be initiated or executed by the Bidders as a result of any discussions with any City employee. Only those communications in writing from the city may be considered duly authorized expressions on behalf of the City. In addition, only communications from Bidders that are signed and in writing will be recognized by the city as duly authorized expressions on behalf of Bidders.

Conflict Of Interest To determine any possible conflict of interest, each Bidder must disclose if any City employee is also an owner, corporate officer, or employee of the firm. If any City employee is an owner, corporate officer, or an employee, the Bidder must file a statement with the Broward County Supervisor of Elections pursuant to § 112.313, Florida Statutes.

Lobbying No Lobbying Permitted: As to any matter relating to this solicitation, the Bidder, project team member, or anyone representing the Bidder is advised they are prohibited from contacting or lobbying the Mayor, any City Commissioner, City employees, agents, or any other person working on behalf of the city related to or involved with this solicitation, including all members of the City and or advisory committees. For purposes of clarification, a team’s representatives shall include, but not be limited to, the Bidder’s employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Bidder and the Bidder’s team. All questions regarding the solicitation are to be submitted using the Questions feature in the eBid System. Any violation of this condition may result in rejection and disqualification of the response/Bids. This “No Lobbying Provision” is in effect from the date of publication of the solicitation and shall terminate when the City approves the execution of a Contract with an awarded Bidder, rejects all responses, or otherwise takes action, which ends the solicitation process.

The Bidder shall disclose any commitment, direct or indirect, financial or otherwise made to any person, entity, institution, or association (Recipient), other than a team member identified as required by the solicitation submittal requirements, in connection with or potentially in connection with this solicitation. Because of the City’s commitment to complete transparency regarding this solicitation, the Disclosure Form shall be required to be updated to include additional Recipients, if any, up to and including the date of approval by the City Commission of the final negotiated Agreement. Additionally, all such Recipients shall be required to register as lobbyists as required by Sec. 34.402 of the City’s Code.

Right to Inspect or Audit Contractor's records which shall include but not be limited to accounting records, written policies, procedures, computer records, disks and software, videos, photographs, subcontract files (including Bids of Successful and Unsuccessful Bidders, originals, estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to the agreement/contract (all the foregoing hereinafter referred to as "records") shall be open to inspection and subject to audit and reproduction, during normal working hours, by City's agent or its authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by the Contractor or any of its payees pursuant to the execution of the agreement/contract. Such records subject to the examination shall also include but are not limited to, those necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with the agreement/contract.

For the purpose of such audits, inspections, examinations, and evaluations, the City's agent or authorized representative shall have access to said records from the effective date of the agreement/contract, for the duration of the Work, and until five (5) years after the date of final payment by the City to the Contractor pursuant to the agreement/contract. The City's agent or authorized representative shall have access to the Contractor's facilities, all necessary records, and adequate and appropriate workspace to conduct audits in compliance with this article. The City's agent or its authorized representative shall give auditees reasonable advance notice of intended audits.

The Contractor shall require all subcontractors, insurance agents, and material suppliers (payees) to comply with this article's provisions by inserting the requirements hereof in any written agreement/contract. Failure to

ITB27-004 Page 18 of 19 obtain such written agreements/contracts that include such provisions shall be a reason to exclude some or all of the related payees' costs from amounts payable to the Contractor pursuant to the agreement/contract.

No Discrimination There shall be no discrimination as to race, sex, color, age, religion, or national origin in the operations conducted under any contract with the City.

Drug-Free Workplace The selected firm(s) must verify that they will operate a “Drug-Free Workplace” as outlined in Florida Statute 287.087.

Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Bids on a contract to provide any goods or services to a public entity, may not submit a Bids 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 Florida Statute, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

Patent Fees, Royalties, And Licenses If the selected Bidder requires or desires to use any design, trademark, device, material, or process covered by letters of patent or copyright. In that case, the selected Bidder and his surety shall indemnify and hold harmless the City from any and all claims for infringement because of the use of any such patented design, device, trademark, copyright, material, or process in connection with the work agreed to be performed and shall indemnify the City from any cost, expense, royalty or damage which the City may be obligated to pay because of any infringement at any time during or after completion of the work.

Invoicing/Payment Contractor shall submit an invoice by the fifteenth (15th) of the following month to the City of Pompano Beach at the location: City Hall, 100 Atlantic Blvd, Pompano Beach, FL 33060.

Taxes The City of Pompano Beach, Florida, does not pay Federal Excise or State taxes on purchases of tangible personal property. The sales tax exemption number is available upon request. This exemption does not apply to purchases of tangible personal property made by contractors who use such property in the performance of contracts for the improvement of real property owned by the City of…