For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/pembrokepines

EXAGRID HARDWARE RE-BID

INVITATION FOR BID # TS-26-05

Issuance of Solicitation: Tuesday, August 11, 2026

Questions Due Date: Monday, August 24, 2026

Bid Submission Deadline: Tuesday, September 8, 2026

THE CITY OF PEMBROKE PINES

PROCUREMENT DEPARTMENT

8300 SOUTH PALM DRIVE

PEMBROKE PINES, FLORIDA 33025

(954) 518-9020

Table of Contents

1. NOTICE

2. GENERAL PROJECT INFORMATION & TIMELINE

3. PURPOSE AND BACKGROUND

4. SCOPE OF WORK

5. PRICE PROPOSAL / BID TABLE

6. SUBMITTAL DOCUMENTS

7. EVALUATION & SELECTION PROCESS

8. INSURANCE REQUIREMENTS

9. GENERAL TERMS AND CONDITIONS

10. SPECIAL TERMS & CONDITIONS

Attachments:

A - Specimen Contract - Contractual Services Agreement

B - Sample Insurance Certificate

IFB # TS-26-05 SECTION 1 - NOTICE Page 3

City of Pembroke Pines

SECTION 1 - NOTICE

Notice is hereby given that the City Commission of the City of Pembroke Pines is seeking sealed proposals for:

IFB # TS-26-05

ExaGrid Hardware Re-Bid

Solicitations may be found on the City of Pembroke Pines website under the Procurement

Department at http://www.ppines.com/index.aspx?NID=667, and may be downloaded directly from the OpenGov platform at https://procurement.opengov.com/portal/pembrokepines.

For Technical Support, proposers can reach the OpenGov Service Desk between 7:00 am to 10:00 pm from Monday through Friday via the following methods:

o Chat (preferred method): Click the button in the lower right-hand corner of the portal.

o E-mail: procurement-support@opengov.com o Phone: 1 (650) 336-7167

If additional help is needed with downloading the solicitation package please contact the

Procurement Department at (954) 518-9020 or by email at purchasing@ppines.com. The

Procurement Department hours are between 7:00 am to 6:00 pm on Monday through Thursday and is located at 8300 South Palm Drive, Pembroke Pines, FL 33025.

Bidders shall submit all questions regarding this bid via the City's e-Procurement Portal, located at https://procurement.opengov.com/portal/pembrokepines. Please note the deadline for submitting questions. All answers will be posted on the City's e-Procurement Portal. Bidders may also click

“Follow” on this bid to receive an email notification when answers are posted. It is the bidder's responsibility to check the portal for updates. Only written responses issued through the OpenGov platform will be considered official for interpretations or clarifications.

Proposals will be accepted until 2:00 pm on Tuesday, September 8, 2026, electronically at https://procurement.opengov.com/portal/pembrokepines/projects/280819.

Bid Opening: The sealed electronic proposals will be publicly opened at 2:30 pm, on the bid due date, by the City Clerk’s Office, in the City Clerk’s Office Conference Room located on the 4th

Floor in the Charles F. Dodge City Center/City Hall Administration Building, located at 601 City

Center Way, Pembroke Pines, Florida, 33025.

Virtual Bid Opening: In light of public health concerns and to ensure accessibility for all, the City encourages interested parties and the public to participate virtually via live streaming instead of attending the meeting in person. As a result, meetings may be a combination of in-person and virtual, all as provided by law. To virtually attend the bid opening, please use the Cisco Webex

Meetings platform.

Virtual Meeting Details:

IFB # TS-26-05 SECTION 1 - NOTICE Page 4 o WebEx Meeting Link: https://ppines.webex.com/meet/purchasing o Cisco Webex Meeting Number: 717 019 586 o Join by Phone Number: +1-408-418-9388

The public may download the Cisco Webex Meetings app from https://www.webex.com/downloads.html/.

To ensure an efficient meeting process, participants are requested to mute their audio and camera during the meeting. While the public is welcome to attend the virtual bid opening, please note that active participation and commenting will not be allowed during the proceedings.

For further information about the bid opening or assistance in accessing the virtual meeting, please contact:

Ivan Ospinal or other Procurement Staff in the Procurement Department

City of Pembroke Pines

8300 South Palm Drive, Pembroke Pines, FL 33025

(954) 518-9020 or 954-518-9020 purchasing@ppines.com

IFB # TS-26-05 SECTION 2 - GENERAL PROJECT INFORMATION & TIMELINE Page 5

SECTION 2 - GENERAL PROJECT INFORMATION & TIMELINE

2.1 Project Timeline

This contract shall be for an initial 1-year period with no renewal terms.

2.2 Tentative Schedule of Events

Issuance of Solicitation (Posting Date): August 11, 2026

Question Due Date: August 24, 2026, 11:55pm

Issuance of Final Answers to Questions: August 27, 2026

Bid Submission Deadline: September 8, 2026, 2:00pm

Bid Opening: Will be held at 2:30 pm on the day of bid submissions are due.

Evaluations by Staff: To Be Determined (TBD)

2.3 Pre-Bid Meeting

This project will not have a pre-bid meeting.

2.4 Estimated Project Cost

350,000

2.5 Grant/Federal Funding

Not applicable for this project.

2.6 Proposal Security/Bid Bond

A Proposal Security shall not be required for this project.

2.7 Payment and Performance Bonds

Payment and Performance Bonds shall not be required for this project.

IFB # TS-26-05 SECTION 3 - PURPOSE AND BACKGROUND Page 6

SECTION 3 - PURPOSE AND BACKGROUND

3.1 Purpose

The City of Pembroke Pines is seeking bids from qualified firms, hereinafter referred to as the

Contractor, to provide ExaGrid hardware., in accordance with the terms, conditions, and specifications contained in this solicitation.

This procurement includes the replacement of existing end-of-life hardware to ensure continued reliability, performance, and supportability of the City’s backup infrastructure.

ExaGrid serves as the City’s dedicated backup storage and replication solution, designed to protect critical data assets. It securely maintains system backups, enables rapid data recovery when needed, and supports replication to enhance resilience and ensure the continuity of City operations.

3.2 Background

Pembroke Pines, Florida, ranked as the eleventh largest city among the state's four hundred plus municipalities and the second largest in Broward County, maintains a welcoming small-town ambiance that resonates with its residents. Located conveniently in southwest Broward County, the city provides seamless access to major highways, employment centers, entertainment venues, parks, golf courses, and a diverse array of dining and shopping options.

With a population of approximately 170,000 residents spread across 32.68 square miles, Pembroke

Pines is renowned as one of the best cities to live in America. The city boasts 28 superior parks, lush landscaping, and a distinctive South Florida charm that contributes to its natural beauty. Notably recognized as 2024's Best Place to Raise a Family in Florida, and 2024's Best City of Hispanic

Entrepreneurs by WalletHub, Pembroke Pines also earned a place as the on Money Magazine's esteemed Best Places to Live list in 2014, as the sole Florida representative, ranking in at #32 in the nation.

Incorporated in 1960, Pembroke Pines is celebrated as a safe and desirable community, having received accolades such as the All-America City designation. The city's commitment to arts and culture, exceptional schools, diverse population, numerous parks, and forward-thinking approach in an ever-evolving world make it a standout destination.

Pembroke Pines is also the home to the largest municipal-run charter school system in the nation, serving over 6,000 students across five separate campuses. The City’s award-winning charter school system is located in the Broward County School District, which is the sixth largest school district in the nation.

IFB # TS-26-05 SECTION 4 - SCOPE OF WORK Page 7

SECTION 4 - SCOPE OF WORK

4.1 SPECIFICATIONS

The City is seeking prices for the following:

Model Number Part Number Product Description Qty

EX189-SEC EX189-SEC Disk Capacity: Raw:432TB.Useable: 378TB, 189TB Full Backup.

EX-10GBE-

OPTICAL

EX-10GBE-

OPTICAL

10 Gigabit Ethernet Dual Port SFP+ Optical Option for all ExaGrid models. Includes two qualified

SFP+ short-range Modules.

1YR-P-M&S EX-1YR-MS-P One year 7 x 24 Customer Support and product

Maintenance

Additional:

• No substitutes, equivalences or alternate bids will be accepted.

IFB # TS-26-05 SECTION 5 - PRICE PROPOSAL / BID TABLE Page 8

SECTION 5 - PRICE PROPOSAL / BID TABLE

The vendor must provide their pricing electronically through the designated line items listed on the

Bid Sheet/Pricing Table via the City's e-Procurement portal on OpenGov.

Vendor Notes: The bid tables includes a “Vendor Notes” column for any additional comments regarding the requested line item(s). A comment is preferred in the “Vendor Notes” column. If the vendor does not need to submit any comments, they may leave it blank or enter N/A or similar.

Line Item Model

Number Part

Number Description Quantity Unit of

Measure Unit Cost Total Vendor

Notes

1.0 EX189-SEC EX189-SEC Disk Capacity:

Raw:432TB.Useable: 378TB, 189TB Full Backup.

1 Ea

1.1 EX-10GBE-

OPTICAL

EX-10GBE-

OPTICAL

10 Gigabit Ethernet Dual Port

SFP+ Optical Option for all

ExaGrid models. Includes two qualified SFP+ short-range Modules.

2 Ea

1.2 1YR-P-

M&S

EX-1YR-

MS-P

One year 7 x 24 Customer

Support and product

Maintenance

1 Annual

TOTAL

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 9

SECTION 6 - SUBMITTAL DOCUMENTS

Bids must be submitted electronically at https://procurement.opengov.com/portal/pembrokepines on or before 2:00 pm on Tuesday, September 8, 2026. Please note vendors should be registered on

OpenGov under the name of the organization that they are operating as and it should match the organization name on the documents that they are submitting and utilizing when responding to the solicitation. In addition, the vendor must complete the required documents in this section and provide any additional information requested throughout this solicitation. Any additional information requested in the solicitation should be scanned and uploaded. The City recommends for proposers to submit their proposals as soon as they are ready to do so. Please allow ample time to submit your proposals on the https://procurement.opengov.com/portal/pembrokepines website. Proposals may be modified or withdrawn prior to the deadline for submitting Proposals.

PLEASE DO NOT SUBMIT ANY PROPOSALS VIA MAIL, E-MAIL OR FAX.

Prospective proposers interested in responding to this solicitation are requested to provide all of the applicable information listed in this section. Submittals that do not respond completely to all of the requirements specified herein may be considered non-responsive and eliminated from the process.

Brevity and clarity are encouraged.

1 CONFIRMATION TO BIND

1.1 I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this response on behalf of my company.*

☐ Please confirm

*Response required

2 CERTIFICATION OF INSURANCE COMPLIANCE AND INTENT TO PROCURE

REQUIRED COVERAGE

NOTE: Vendors are not required to purchase any additional insurance in order to submit a bid.

However, they must certify that they either currently hold, or are able and willing to obtain, all required insurance coverages, endorsements, and limits prior to award and execution of the contract.

2.1 I certify that, if awarded this contract, I will be required to obtain and maintain all insurance policies as detailed in the INSURANCE REQUIREMENTS Section of this solicitation before any work may commence, and throughout the life of the contract.*

☐ Please confirm

*Response required

2.2 Do you confirm that you will only use insurance carriers licensed to do business in the

State of Florida and rated no less than “A” as to management, and no less than “Class VI” as to financial strength by A.M. Best, and that you understand all endorsements required

(e.g., Additional Insured, Waiver of Subrogation, etc.) must be included?*

☐ Yes

☐ No

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 10

*Response required

2.3 Do you currently carry insurance policies that meet or exceed the minimum requirements outlined in the INSURANCE REQUIREMENTS section of this solicitation?*

☐ Yes

☐ No

*Response required

When equals "Yes"

2.3.1 Please upload your current certificate(s) of insurance that demonstrate compliance with the insurance requirements outlined in this solicitation.*

*Response required

When equals "No"

2.3.2 Please upload documentation showing that you have obtained a letter from your insurance broker or carrier, such as a Letter of Intent to Insure, Evidence of Insurability, or a

Conditional Certificate of Insurance.*

Documentation should show that:

• You can obtain the required insurance.

• The limits and types of coverage will meet the INSURANCE REQUIREMENTS outlined in the solicitation.

• You will provide a COI upon contract award.

*Response required

When equals "No"

2.3.3 Please upload your current certificate(s) of insurance.*

*Response required

2.4 Do you believe you are exempt from one or more insurance requirements (e.g., Workers'

Compensation)?*

☐ Yes

☐ No

*Response required

When equals "Yes"

2.4.1 Please upload written documentation requesting an exemption on your company letterhead, subject to City approval.*

*Response required

2.5 Do you plan on using subcontractors for this project?*

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 11

When equals "Yes"

2.5.1 Do you acknowledge that all subcontractors must also carry the same insurance or be covered under your policy, and that proof of such coverage must be provided to the City?*

☐ Yes

☐ No

*Response required

3 PROJECT DOCUMENTS

3.1 PROPOSERS BACKGROUND INFORMATION FORM*

a. Please download the attached document, complete all required fields, and upload the completed form here.

• Proposers_Background_Inform...

*Response required

4 SWORN STATEMENT ON PUBLIC ENTITY CRIMES UNDER FLORIDA

STATUTES CHAPTER 287.133(3)(a)

4.1 SWORN STATEMENT ON PUBLIC ENTITY CRIMES FORM*

a. Please download the attached document, complete all required fields, and upload the completed form here.

• Sworn_Statement_on_Public_E...

*Response required

4.2 Public Entity Crimes Status*

▪ Which option did you select on the Sworn Statement on Public Entity Crimes Form:

• A) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.

• B1) 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 management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 12 order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.)

• B2) 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 management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hear¬ings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.)

• B3) 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 management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND The person or affiliate has not been placed on the convicted vendor list.

(Please describe any action taken by or pending with the Department of General

Services.)

☐ A) No convictions.

☐ B1) Convicted, final order did not place on the convicted vendor list.

☐ B2) Convicted, listed, then removed.

☐ B3) Convicted, not listed, action pending.

*Response required

4.3 Did you select option B1 or B2 above?*

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.1 Please upload a copy of the final order issued by the hearing officer of the State of

Florida, Division of Administrative Hearings.*

*Response required

4.4 Did you select option B3 above?*

☐ Yes

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 13

When equals "Yes"

4.4.1 Please describe any action taken by or pending with the Department of General

Services.*

*Response required

5 DRUG-FREE WORKPLACE CERTIFICATION

5.1 VENDOR DRUG FREE WORKPLACE CERTIFICATION FORM*

a. Please download the attached document, complete all required fields, and upload the completed form here.

• Vendor_Drug-Free_Workplace_...

*Response required

5.2 Drug-Free Status*

☐ Complies fully.

☐ Does not comply.

*Response required

6 STANDARD DOCUMENTS

The following documents are standard documents that the City generally requires for every solicitation. As a result, we recommend vendors to keep these documents updated and readily available so that they can be easily uploaded for each project that the vendor would like to participate in. In the event that the City does not have one of the forms or documents listed below for your company, the City may reach out to your company after the bid has closed to obtain the document(s).

6.1 NON-COLLUSIVE AFFIDAVIT*

a. Please download the attached document, complete all required fields, and upload the completed form here.

• Non-Collusive_Affidavit.pdf

*Response required

6.2 SCRUTINIZED COMPANY CERTIFICATION*

a. Please download the attached document, complete all required fields, and upload the completed form here.

• Scrutinized_Company_Certifi...

*Response required

6.3 E-VERIFY SYSTEM CERTIFICATION*

a. Please download the attached document, complete all required fields, and upload the completed form here.

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 14

b. Effective January 1, 2021, pursuant to Section 448.095. Florida Statues, the City may not enter into a contract with a vendor/contractor/subcontractor unless that vendor/contractor/subcontractor is registered with and uses the E- Verify system administered by the U.S. Department of Homeland Security (“DHS”).

c. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract.

• E-Verify_System_Certificati...

*Response required

6.4 HUMAN TRAFFICKING AFFIDAVIT*

a. Please download the attached document, complete all required fields, and upload the completed form here.

• Human_Trafficking_Affidavit...

*Response required

7 VENDOR REGISTRATION

7.1 Do you currently have a City of Pembroke Pines Vendor Number registered in the

PaymentWorks System?*

▪ The City of Pembroke Pines utilizes OpenGov as its e-Procurement platform for solicitation and bid submission purposes. However, please be advised that vendor registration for onboarding and processing payments is handled separately through the City's Accounts Payable Division using PaymentWorks, a secure online vendor management platform.

▪ All vendors that will be submitting invoices and requiring payments from the City are required to register on the PaymentWorks platform. If the vendor is not currently registered with the City via PaymentWorks and does not have a Vendor Number, the

City will have to invite the vendor to register.

▪ For formal solicitations such as this project, the Procurement Department will send

PaymentWorks registration invitations to vendor(s) who are under active consideration for award. Please be aware that not all vendors who submit proposals will receive an invitation, in order to manage system usage and avoid onboarding vendors who are unlikely to receive payments from the City.

▪ Invitations will typically be sent to the contact listed on the submitted Vendor

Information Form.

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 15

*Response required

When equals "Yes"

7.1.1 What is your Vendor Number?*

*Response required

7.2 VENDOR INFORMATION FORM*

a. Please download the attached document, complete all required fields, and upload the completed form here.

• Vendor_Information_Form.pdf

*Response required

7.3 FORM W-9 (REVISED MARCH 2024)*

a. Please download the attached document, complete all required fields, and upload the completed form here.

b. Note - Please use the March 2024 version of the form as previously dated versions of this form may delay the processing of any payments to the selected vendor.

• Form_W-9_(Rev_March_2024).pdf

*Response required

8 OPTIONAL DOCUMENTATION

8.1 TRADE SECRETS

a. The Proposer’s response to this solicitation is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records

Law, Florida Statutes Chapter 119.07 (“Public Records Law”). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this solicitation and the Contract to be executed for this solicitation, subject to the provisions of Chapter 119.07 of the Florida Statutes.

b. Any language contained in the Proposer’s response to the solicitation purporting to require confidentiality of any portion of the Proposer’s response to the solicitation, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 16 exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer’s response to the solicitation constitutes a Trade Secret.

c. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE

TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR

RESPONSE TO THE SOLICITATION AS PROPRIETARY OR

CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE SOLICITATION

OR ANY PART THEREOF AS COPYRIGHTED. ALL DOCUMENTS THAT THE

FIRM PURPORTS TO BE CONFIDENTIAL, PROPRIETARY OR A TRADE

SECRET SHALL BE UPLOADED TO THE OPENGOV WEBSITE AS A

SEPARATE ATTACHMENT, IN THIS SECTION, CLEARLY IDENTIFYING

THE EXEMPTION BEING CLAIMED UNDER FLORIDA STATUTES 119.07.

d. The city’s determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the city and the city’s officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city’s treatment of records as public records.

8.2 FINANCIAL STATEMENTS

a. The City is NOT requesting the vendor to submit any financial statements for this project and prefers if the vendor does not submit financial statements. In addition, if the City needs a copy of the vendor’s financial statements, the City can contact the vendor after the bid due date to request those documents. However, if the vendor does submit the financial statements, they should be uploaded in this section.

b. Any claim of confidentiality on financial statements must be asserted at the time of submittal. The firm must identify the specific statute that authorizes the exemption from the Public Records Law. Please note that the financial statement exemption provided for in Section 119.071(1)c, Florida Statutes only applies to submittals in response to a solicitation for a “public works” project.

8.3 ADDITIONAL INFORMATION

a. Please provide any additional information that you deem necessary to complete your proposal in this section, if it has not been requested in another section.

8.4 PROFESSIONAL LICENSES

a. If applicable, please upload any professional licenses that may be required to perform the services outlined in the solicitation.

9 VENDOR CLASSIFICATION

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 17

9.1 Is your firm a Local Pembroke Pines Vendor (LPPV) and Local Broward County Vendor

(LBCV)?*

a. The evaluation of competitive bids is subject to section 35.36 of the City’s

Procurement Procedures which, except where contrary to federal and state law, or any other funding source requirements, provides that preference be given to local businesses. To satisfy this requirement, the vendor shall affirm in writing its compliance with either of the following objective criteria as of the bid or proposal submission date stated in the solicitation. A local business shall be defined as:

1. "Local Pembroke Pines Vendor" shall mean a business entity which has maintained a permanent place of business with full-time employees within the

City limits for a minimum of one (1) year prior to the date of issuance of a bid or proposal solicitation. The permanent place of business may not be a post office box. The business location must actually distribute goods or services from that location. In addition, the business must have a current business tax receipt from the City of Pembroke Pines, OR;

2. “Local Broward County Vendor" shall mean or business entity which has maintained a permanent place of business with full-time employees within the

Broward County limits for a minimum of one (1) year prior to the date of issuance of a bid or proposal solicitation. The permanent place of business may not be a post office box. The business location must actually distribute goods or services from that location. In addition, the business must have a current business tax receipt from the Broward County or the city within Broward County where the business resides.

b. A preference of five percent (5%) of the total evaluation point, or five percent (5%) of the total price, shall be given to the Local Pembroke Pines Vendor(s); A preference of two and a half percent (2.5%) of the total evaluation point for local, or two and a half percent (2.5%) of the total price, shall be given to the Local Broward County

Vendor(s).

☐ Yes

☐ No

*Response required

When equals "Yes"

9.1.1 Please indicate your Local Vendor Status*

☐ Local Pembroke Pines Vendor (LPPV)

☐ Local Broward County Vendor (LBCV)

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 18

9.1.2 Local Vendor Preference Certification*

1. Please download the attached document, complete all required fields, and upload the completed form here.

• Local_Vendor_Preference_Cer...

*Response required

When equals "Yes"

9.1.3 Local Business Tax Receipts*

1. If claiming Local Vendor Preference, please upload any previous business tax receipts to indicate that the business entity has maintained a permanent place of business for a minimum of one (1) year.

*Response required

9.2 Is your firm a Veteran Owned Small Business (VOSB)?*

a. The evaluation of competitive bids is subject to section 35.37 of the City’s

Procurement Procedures which, except where contrary to federal and state law, or any other funding source requirements, provides that preference be given to veteran owned small businesses. To satisfy this requirement, the vendor shall affirm in writing its compliance with the following objective criteria as of the bid or proposal submission date stated in the solicitation.

b. A preference of two and a half percent (2.5%) of the total evaluation point, or two and a half percent (2.5%) of the total price, shall be given to the Veteran Owned Small

Business (VOSB).

☐ Yes

☐ No

*Response required

When equals "Yes"

9.2.1 Upload the "Determination Letter" from the United States Department of Veteran

Affairs Center notifying the business that they have been approved as a Veteran Owned Small

Business (VOSB)

When equals "Yes"

9.2.2 Upload Veteran Owned Small Business Certification(s) from any relevant agency(ies)

9.3 Is your firm a Minority-Owned Business Enterprise (MBE)?*

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 19

9.3.1 Please indicate the classification of your Minority-Owned Business Enterprise

(MBE)*

Select all that apply

☐ African-American MBE

☐ Asian-American MBE

☐ Hispanic-American MBE

☐ Native-American MBE

☐ Other option not listed above

*Response required

When equals "Yes"

9.3.2 MBE Certification Documentation*

1. Upload your MBE Certification Documentation here, preferably with the State of

Florida's Office of Supplier Diversity. If you have multiple MBE certifications, please combine them into one (1) document and upload.

*Response required

9.4 Is your firm a Woman-Owned Business Enterprise (WBE)?*

☐ Yes

☐ No

*Response required

When equals "Yes"

9.4.1 WMBE Certification Documentation*

1. Upload your WMBE Certification Documentation here, preferably with the State of Florida's Office of Supplier Diversity. If you have multiple WMBE certifications, please combine them into one (1) document and upload.

*Response required

9.5 Is your firm a HubZone Business / Labor Surplus Area Firm?*

☐ Yes

☐ No

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 20

9.5.1 HubZone Business / Labor Surplus Area Firm Certification Documentation*

1. Upload your HubZone Business / Labor Surplus Area Firm Certification

Documentation, preferably with the U.S. Small Business Administration

(SBA). If you have multiple certifications, please combine them into one (1) document and upload.

*Response required

9.6 Is your firm a Broward County Small Business Enterprise (SBE)?*

☐ Yes

☐ No

*Response required

When equals "Yes"

9.6.1 SBE Cerification Documentation*

1. Upload your SBE Certification Documentation from Broward County's Office of

Economic and Small Business Development (OESBD). If you have multiple certifications, please combine them into one (1) document and upload.

*Response required

9.7 Is your firm a Broward County Business Enterprise (CBE)?*

☐ Yes

☐ No

*Response required

When equals "Yes"

9.7.1 CBE Certification Documentation*

1. Upload your CBE Certification Documentation from Broward County's Office of

Economic and Small Business Development (OESBD). If you have multiple certifications, please combine them into one (1) document and upload.

*Response required

9.8 Is your firm a Broward County Disadvantaged Business Enterprise (DBE)?*

☐ Yes

☐ No

IFB # TS-26-05 SECTION 6 - SUBMITTAL DOCUMENTS Page 21

9.8.1 DBE Certification Documentation*

1. Upload your DBE Certification Documentation from Broward County's Office of

Economic and Small Business Development (OESBD). If you have multiple certifications, please combine them into one (1) document and upload.

*Response required

9.9 Does your firm have a Vendor Classification that was not listed above?*

☐ Yes

☐ No

*Response required

When equals "Yes"

9.9.1 Other Vendor Classification Certification Documentation*

1. Upload your other Certification Documentation here. If you have multiple certifications, please combine them into one (1) document and upload.

IFB # TS-26-05 SECTION 7 - EVALUATION & SELECTION PROCESS Page 22

SECTION 7 - EVALUATION & SELECTION PROCESS

7.1 Qualifying & Selecting Firms

A. Staff will evaluate all responsive proposals received from proposers who meet or exceed the bid requirements contained in the solicitation. Evaluations shall be based upon the information and references contained in the proposals as submitted.

B. Staff will make a recommendation to the City Commission for award of contract.

C. The contract shall be awarded to the most responsive/responsible bidder whose bid is determined to be the most advantageous to the City taking into consideration the evaluation criteria.

IFB # TS-26-05 SECTION 8 - INSURANCE REQUIREMENTS Page 23

SECTION 8 - INSURANCE REQUIREMENTS

8.1 General Indemnification

The Vendor shall indemnify and hold harmless the CITY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Vendor or its employees, agents, servants, partners, principals or subcontractors. The Vendor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The Vendor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the

Vendor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the

CITY or its officers, employees, agents and instrumentalities as herein provided.

8.2 Insurance Coverage

A. Vendor shall not commence work under this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by the Risk Manager of the CITY nor shall the Vendor allow any subcontractor to commence work on any subcontract until all similar such insurance required of the subcontractor has been obtained and similarly approved.

B. Certificates of Insurance, reflecting evidence of the required insurance, shall be filed with the

CITY’s Risk Manager prior to the commencement of this Agreement. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. The insurance company shall be rated no less than “A” as to management, and no less than “Class

VI” as to financial strength according to the latest edition of Best’s Insurance Guide published by A.M. Best Company.

C. Certificates of Insurance shall provide for thirty (30) days’ prior written notice to the CITY in case of cancellation or material changes in the policy limits or coverage states. If the carrier cannot provide thirty (30) days’ notice of cancellation, either the Vendor or their

Insurance Broker must agree to provide notice.

D. Insurance shall be in force until all obligations required to be fulfilled under the terms of the

Agreement are satisfactorily completed as evidenced by the formal acceptance by the

CITY. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, the Vendor shall furnish, at least forty-five (45) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the

IFB # TS-26-05 SECTION 8 - INSURANCE REQUIREMENTS Page 24

Agreement and extension thereunder is in effect. The Vendor shall neither commence nor continue to provide any services pursuant to this Agreement unless all required insurance remains in full force and effect. Vendor shall be liable to CITY for any lapses in service resulting from a gap in insurance coverage.

E. Vendor shall be required to obtain all applicable insurance coverage, as indicated in the sections below, prior to commencing any work pursuant to this Agreement.

8.3 Comprehensive General Liability Insurance

Comprehensive General Liability Insurance written on an occurrence basis including, but not limited to: coverage for bodily injury and property damage, personal & advertising injury, products & completed operations, and contractual liability. Coverage must be written on an occurrence basis, with limits of liability no less than:

A. Each Occurrence Limit - $1,000,000

B. Fire Damage Limit (Damage to rented premises) - $100,000

C. Personal & Advertising Injury Limit - $1,000,000

D. General Aggregate Limit - $2,000,000

E. Products & Completed Operations Aggregate Limit - $2,000,000

Products & Completed Operations Coverage shall be maintained for the later of three (3) years after the delivery of goods/services or final payment under the Agreement. (For Construction projects:

Increase to ten (10) years and include a Designated Construction Project(s) General Aggregate

Limit)

The City of Pembroke Pines must be shown as an additional insured with respect to this coverage. The CITY’s additional insured status shall extend to any coverage beyond the minimum limits of liability found herein.

8.4 Workers’ Compensation and Employers’ Liability Insurance

Workers’ Compensation and Employers’ Liability Insurance covering all employees, and/or volunteers of the Vendor engaged in the performance of the scope of work associated with this

Agreement. In the case any work is sublet, the Vendor shall require the subcontractors similarly to provide Workers’ Compensation Insurance for all the latter’s employees unless such employees are covered by the protection afforded by the Vendor Coverage for the Vendor and all subcontractors shall be in accordance with applicable state and/or federal laws that may apply to Workers’

Compensation Insurance with limits of liability no less than:

A. Workers’ Compensation: Coverage A – Statutory

B. Employers Liability: Coverage B

$500,000 Each Accident

IFB # TS-26-05 SECTION 8 - INSURANCE REQUIREMENTS Page 25

$500,000 Disease – Policy Limit

$500,000 Disease – Each Employee

If Vendor claims to be exempt from this requirement, Vendor shall provide CITY proof of such exemption along with a written request for CITY to exempt Vendor, written on Vendor letterhead.

8.5 Comprehensive Auto Liability Insurance

Comprehensive Auto Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the performance of work under this Agreement, with a combined single limit of liability for bodily injury and property damage no less than:

A. Any Auto (Symbol 1)

Combined Single Limit (Each Accident) - $1,000,000

B. Hired Autos (Symbol 8)

Combined Single Limit (Each Accident) - $1,000,000

C. Non-Owned Autos (Symbol 9)

Combined Single Limit (Each Accident) - $1,000,000

If work under this Agreement includes transportation of hazardous materials, policy shall include pollution liability coverage equivalent to that provided by the latest version of the ISO pollution liability broadened endorsement for auto and the latest version of the ISO Motor Carrier Act endorsement, equivalents or broader language.

If Vendor requests reduced limits under a Personal Auto Liability Policy and it is agreed to by the

CITY, coverage shall include Bodily Injury limits of $100,000 per person/$300,000 per occurrence and Property Damage limits of $300,000 per occurrence.

8.6 Umbrella/Excess Liability Insurance

Umbrella/Excess Liability Insurance in the amount of $2,000,000 as determined appropriate by the

CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability and Employer’s Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to this Agreement.

The City of Pembroke Pines must be shown as an additional insured with respect to this coverage. The CITY’s additional insured status shall extend to any coverage beyond the minimum limits of liability found herein.

8.7 Cyber Liability including Network Security and Privacy Liability

Cyber Liability including Network Security and Privacy Liability with a limit of liability no less than

$1,000,000 per loss. Coverage shall include liability arising from: theft, dissemination and/or use of confidential information stored or transmitted in electronic form, unauthorized access to, use of, or

IFB # TS-26-05 SECTION 8 - INSURANCE REQUIREMENTS Page 26 tampering with computer systems, including hacker attacks or inability of an authorized third party to gain access to your services, including denial of service, and the introduction of a computer virus into, or otherwise causing damage to, a customer’s or third person’s computer, computer system, network, or similar computer-related property and the data, software and programs thereon. If

Vendor is collecting credit card information, it shall cover all PCI breach expenses. Coverage is to include the various state monitoring and state required remediation as well as meet the various state notification requirements. This coverage shall be maintained for a period of no less than the later of three (3) years after delivery of goods/services or final payment of the Agreement. Retroactive date, if any, to be no later than the first day of service to the CITY.

The City of Pembroke Pines must be shown as an additional insured with respect to this coverage. The CITY’s additional insured status shall extend to any coverage beyond the minimum limits of liability found herein.

8.8 Required Endorsements

A. The City of Pembroke Pines shall be named as an Additional Insured on each of the Liability

Policies required herein.

B. Waiver of all Rights of Subrogation against the CITY.

C. Thirty (30) Day Notice of Cancellation or Non-Renewal to the CITY.

D. Vendor’s policies shall be Primary & Non-Contributory.

E. All policies shall contain a “severability of interest” or “cross liability” clause without obligation for premium payment of the CITY.

F. The City of Pembroke Pines shall be named as a Loss Payee on all Property and/or Inland

Marine Policies as their interest may appear.

8.9 Additional Requirements

A. Any and all insurance required of the Vendor pursuant to this Agreement must also be required by any subcontractor in the same limits and with all requirements as provided herein, including naming the CITY as an additional insured, in any work that is subcontracted unless such subcontractor is covered by the protection afforded by the Vendor and provided proof of such coverage is provided to CITY. The Vendor and any subcontractors shall maintain such policies during the term of this Agreement.

B. The CITY reserves the right to require any other additional types of insurance coverage and/or higher limits of liability it deems necessary based on the nature of work being performed under this Agreement.

C. The insurance requirements specified in this Agreement are minimum requirements and in no way reduce any liability the Vendor has assumed in the indemnification/hold harmless section(s) of this Agreement.

IFB # TS-26-05 SECTION 9 - GENERAL TERMS AND CONDITIONS Page 27

SECTION 9 - GENERAL TERMS AND CONDITIONS

9.1 EXAMINATION OF CONTRACT DOCUMENTS

Before submitting a Proposal, each Proposer should:

A. consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, B. study and carefully correlate the Proposer's observations with the Proposal Documents; and

C. notify the Purchasing Manager of all conflicts, errors and discrepancies, if any, in the

Proposal Documents.

The Proposer, by and through the submission of a Proposal, agrees that Proposer shall be held responsible for having familiarized themselves with the nature and extent of the work and any local conditions that may affect the work to be done and the services, equipment, materials, parts and labor required.

9.2 CONFLICT OF INSTRUCTIONS

If a conflict exists between the General Conditions and Instructions stated herein and specific conditions and instructions contained in specifications, the specifications shall govern.

9.3 ADDENDA or ADDENDUM

A formal solicitation may require an Addendum to be issued. An addendum in some way may clarify, correct or change the original solicitation (i.e. due date/time, specifications, terms, conditions, line item).

Bidders must register for an account on the City's e-Procurement Portal, hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications via email by clicking

“Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/pembrokepines.

Vendors are cautioned not to consider verbal modifications to the solicitation, as the addendum issued through OpenGov will be the only official method whereby changes will be made.

9.4 INTERPRETATIONS AND QUESTIONS

If the Proposer is in doubt as to the meaning of any of the Proposal Documents, is of the opinion that the Conditions and Specifications contain errors or contradictions or reflect omissions, or has any question concerning the conditions and specifications, the Proposer shall submit a question for interpretation or clarification.

The City requires all questions relating to the solicitation to be submitted through the “Question &

Answer” tab, for the specific project, on the City’s e-Procurement Portal, located at https://procurement.opengov.com/portal/pembrokepines. Questions and inquiries must be received by the “Question Due Date” stated in the solicitation. Questions received after the “Question Due

IFB # TS-26-05 SECTION 9 - GENERAL TERMS AND CONDITIONS Page 28

Date” shall not be answered. Interpretations or clarifications in response to such questions will be issued via OpenGov. Bidders may also click “Follow” on this solicitation to receive an e-mail notification(s) when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. The issuance of a response via OpenGov is considered an Addendum and shall be the only official method whereby such an interpretation or clarification will be made.

OpenGov Support is also available to assist proposers with submitting their proposal and to ensure that proposers are submitting their proposals correctly. Proposers should ensure that they contact

OpenGov support, with ample time before the bid closing date and time, via one of the following methods:

A. Chat (preferred method): Click the button in the lower right-hand corner of the portal when logged in.

B. E-mail:support@opengov.com

C. Phone: 1 (605) 336-7167

D. https://opengov.my.site.com/support/s/contactsupport

For all other questions related to this solicitation, please contact the Procurement Department at purchasing@ppines.com.

9.5 RULES, REGULATIONS, LAWS, ORDINANCES and LICENSES

The awarded Vendor shall observe and obey all laws, ordinances, rules, and regulations of the federal, state, and CITY, which may be applicable to the service being provided. The awarded firm shall have or be responsible for obtaining all necessary permits or licenses required, if necessary, in order to provide this service.

Proposer warrants by submittal that prices quoted here are in conformity with the latest federal price guidelines, if any.

9.6 WARRANTIES FOR USAGE

Whenever a bid is sought, seeking a source of supply for a specified time for materials or service, the quantities or usage shown are estimated only. No guarantee or warranty is given or implied by the

City as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for proposer’s information only and will be used for tabulation and presentation of bid.

9.7 QUALITY

All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new, the latest model, of the best quality, and highest grade workmanship, unless otherwise noted.

9.8 SAMPLES

Samples, when requested, must be furnished before, or at the bid opening, unless otherwise specified, and delivered free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at the proposer’s expense.

IFB # TS-26-05 SECTION 9 - GENERAL TERMS AND CONDITIONS Page 29

9.9 ESTIMATED QUANTITIES

No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased pursuant to this solicitation. Estimated quantities will be used for comparison and ranking purposes only. The City is not obligated to contract for a given amount of commodities/services subsequent to the award of this solicitation. The City reserves the right to issue separate purchase orders as needed, issue a blanket purchase order, and release partial quantities, or any combination of the preceding as deemed necessary by the City.

9.10 DEVELOPMENT COSTS

Neither the City nor its representatives shall be liable for any expenses incurred in connection with the preparation, submission or presentation of a Bid in response to this solicitation. All information in the Bid shall be provided at no cost to the City.

9.11 PRICING

Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit prices quoted will govern.

Proposer warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of ninety (90) days from date of bid opening unless otherwise stated by the City or proposer.

9.12 DELIVERY POINT

All items shall be delivered F.O.B. destination, and delivery cost and charges included in the bid price. Failure to do so may be cause for rejection of bid.

9.13 TAX EXEMPT STATUS

The City is exempt from Florida Sales and Federal Excise taxes on direct purchase of tangible property.

9.14 CONTRACT TIME

By virtue of the submission of the Proposal, Proposer agrees and fully understands that the completion time of the work of the Contract is an essential and material condition of the Contract and that time is of the essence. The Successful Proposer agrees that all work shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified.