pompano ITB26-041 Armed Security Services FINAL.pdf

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Invitation to Bid (ITB)

ITB26-041 – Armed Security Services

ITB OPENING: August 19, 2026, at 2:00 PM

Virtual Zoom Meeting

For access, go to: https://www.pompanobeachfl.gov/meetings

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July 21, 2026

Dear Prospective Bidders, SUBJECT: INVITATION TO BIDS (ITB) ITB26-041 - Armed Security Services

The City of Pompano Beach (the “City”) is interested in receiving Bids in response to the attached ITB for Armed Security Services.

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://pompanobeachfl.ionwave.net/. 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://pompanobeachfl.ionwave.net), referred to hereinafter as the eBid System, on or before the date and time stated in Section 2 - 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, or otherwise terminate the solicitation. 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 (IonWave) or the Purchasing Agent assigned to this solicitation, Cynthia Gomez, at (954)786-4166, or cynthia.gomez@copbfl.com. Any information that amends any portion of this solicitation received by any method other than an Addendum issued through IonWave is not binding on the City of Pompano Beach.

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

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Table of Contents

1. SCHEDULE OF EVENTS

2. PROJECT OVERVIEW AND SCOPE OF SERVICES

3. SUBMITTAL INSTRUCTIONS AND REQUIREMENTS

4. EVALUATION AND BASIS OF AWARD

5. AWARD AND RESERVATION OF RIGHTS

6. LOCAL BUSINESS PROGRAM

7. STANDARD PROVISIONS

8. ADDENDA

9. ATTACHMENTS AND EXHIBITS

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1. SCHEDULE OF EVENTS

ITB Number: ITB26-041

ITB Title: Armed Security Services

Release Date: July 21, 2026

Date Published in Sun-Sentinel July 21, 2026

Written Questions and Inquiries Are Due on Or

Before:

August 4, 2026, at 5:00 PM

ITB Responses Due Date/Time: August 19, 2026, at 2:00 PM

Recommendation For Award: TBD

Direct All Inquiries To: https://pompanobeachfl.ionwave.net

E-Bids Submittals Only: https://pompanobeachfl.ionwave.net

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

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2. PROJECT OVERVIEW AND SCOPE OF SERVICES

Background

The City seeks a Contractor capable of providing professional armed security personnel to protect City facilities, employees, visitors, equipment, and assets through proactive security operations, property patrols, access control, incident reporting, and coordination with emergency responders. The initial term of the Contract shall be for one (1) year, with renewal options commencing upon approval and award by the appropriate City officials.

Renewals may be approved and executed by the City Manager or the City Manager’s designee.

In the event that services are scheduled to end due to the expiration of the Contract, the City may require the Contractor to continue providing services for a transitional period not to exceed one hundred eighty (180) days beyond the expiration date. Such extension shall be exercised at the discretion of the City and at the same rates, terms, and conditions in effect at the time the extension is invoked.

Scope of Services

The City is seeking armed security services to be provided at City Hall, 100 West Atlantic Boulevard, Pompano Beach, Florida 33060. These services will include, but not be limited to, 11-hour on-site security, four (4) days per week; hourly patrol service for the entire property and building; and deterring illegal activity and/or trespassing.

The City expects to utilize around 2300 hours of armed security services per year, four (4) days per week. The

City is seeking a flat hourly rate for armed security; no overtime or holiday rates will be considered.

The initial term of the Contract shall be for one (1) year, with four (4) one-year renewal options commencing upon approval and award by the appropriate City officials.

Questions and Communication http://www.pompanobeachfl.ionwave.net is the official method used by the Procurement and Contracts Department, which has approved the distribution and communication of all competitive solicitations. All questions regarding this ITB must be submitted using the Questions feature in the eBid System on or before August 4, 2026, at 5:00 PM via http://www.pompanobeachfl.ionwave.net/. Questions received after this date and time will not be answered. Questions submitted by Bidders will be answered through the IonWave Questions feature or via Addenda, if necessary. Any verbal or written information obtained from sources other than the information included in this ITB document or by an Addendum shall not be binding on the City.

Bids Submittal Due Date The City will receive sealed Bids by August 19, 2026, at 2:00 PM. Bids must be submitted electronically through the eBid System on or before the due date/time stated above. Any Bids received after the due date will not be considered.

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3. SUBMITTAL INSTRUCTIONS AND REQUIREMENTS

Submission Format Requirements

Bids must be submitted electronically through the eBid System (https://pompanobeachfl.ionwave.net) on or before the date and time stated in Section 1-Schedule of Events. Please follow all the steps and requirements to submit Bids at http://www.pompanobeachfl.ionwave.net/. Submissions must include all documents, requirements, and attachments advertised on the website, as listed in the Attributes tab and the Response Attachments tab of the eBid System.

The City will not be responsible for delays caused by technical or other issues. It is the sole responsibility of the Bidder to ensure that their Bid is successfully submitted to the eBid System before the established Bid submission deadline. The City reserves the right to reject and not consider any Bids that are not submitted according to the requirements established herein.

Bidder’s Responsibilities

Bidders shall submit the following:

1. Completed Bid Form

2. Proof of current Florida Security Agency License

3. Documentation of Armed Security Licensing Requirements

4. Certificate of Insurance

5. Company Qualifications and Experience Statement

6. Three (3) references from comparable governmental or commercial contracts

7. Staffing Plan

8. Training Program Description

9. Sample Daily Activity Log

10. Sample Incident Report

11. Completed Non-Collusion Affidavit (if required)

12. Completed Public Entity Crimes Statement (if required)

13. Any additional forms required by the City

Failure to provide required documentation may result in the bid being rejected.

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.

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.

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4. Evaluation and Basis of Award

Basis of Award The contract will be awarded to the lowest responsive and responsible Bidder, as determined by the total Bid amount, including all applicable allowances and deductions. The lowest Bid will be evaluated based on the total Bid price, provided that the Bid is responsive to the Bidding documents, the Bidder is deemed responsible, and the Bidder is capable and has the resources and experience necessary to successfully perform the work required under this ITB. The City reserves the right to reject any or all Bids and to waive minor irregularities in the City's best interest.

Responsiveness A Bid will be deemed responsive if it:

• Is submitted through the City’s eBid System prior to the deadline;

• Includes all required forms and documents identified in the ITB

• Contains no material deviations from the requirements of the ITB; and

• Is signed and completed as required.

Prior to contract execution, the successful bidder shall provide Certificates of Insurance evidencing coverage meeting City requirements, including:

• Commercial General Liability

• Automobile Liability

• Workers' Compensation

• Employer's Liability

• Professional Liability (if required)

The City of Pompano Beach shall be named as an Additional Insured where applicable. Coverage shall remain in effect throughout the contract term.

Failure to comply with the submission requirements may result in the Bid being deemed non-responsive.

Responsibility and Minimum Qualifications To be considered responsible, the Bidder must demonstrate a satisfactory past and/or current performance record and possess the necessary organization, experience, technical skills, equipment, facilities, personnel, financial resources, operational controls, and capacity to successfully perform the work required under this ITB.

If necessary, the Bidder must also demonstrate that appropriate quality control measures, safety programs, and management systems are in place and that the Bidder is otherwise qualified and eligible to perform the work in accordance with all applicable laws and regulations.

The City may consider the Bidder’s performance on past or current City contracts, including periodic performance evaluations and other reliable information available to the City. At a minimum, the Bidder shall:

4.3.1. Relevant Experience & Operational Requirements

Have at least five (5) years of experience interacting effectively with the public.

• Hold all licenses required by the State of Florida to operate a security agency.

• Maintain all applicable permits, registrations, and business licenses.

• Maintain all required insurance coverage throughout the contract term.

• Comply with all federal, state, county, and local laws, regulations, and ordinances.

• Ensure all assigned personnel possess current Florida armed security licenses.

• Be at least twenty-one (21) years of age.

• Be legally authorized to work in the United States.

• Possess a minimum of one (1) year of security experience or qualifying military service.

• Maintain current Florida armed security licensing.

• Be trained in verbal de-escalation and crisis intervention techniques.

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• Maintain current CPR certification.

• Demonstrate proficiency in written and spoken English.

• Maintain a professional appearance and demeanor.

• Possess no less than twelve (12) months of prior security guard experience.

• Demonstrate proficiency using computer systems, visitor access software, surveillance systems, cameras, and related technology.

• Maintain a courteous and customer-service-oriented attitude.

• Identify unauthorized personnel and unauthorized access attempts.

• Recognize and report alarms, fire hazards, water intrusion, and property damage.

• Immediately report safety hazards and security concerns.

• Interact professionally with City employees, visitors, contractors, and emergency responders.

• Remove unauthorized persons from the property when appropriate and contact law enforcement when necessary.

• Submit weekly Security Incident Reports to the Facilities Director.

• Respond to City inquiries regarding contract performance within ninety (90) minutes.

• Implement corrective actions promptly upon notification by the City.

Emergency service declarations by the Contractor shall require prior written or email authorization from the City's Facilities Director before emergency billing rates or emergency service charges may be applied.

The City shall provide:

• A binder or approved reporting system for daily security logs.

• Emergency contact information for designated City personnel.

• Written or email authorization of emergency service declarations when applicable.

• Written or email notification when emergency conditions have ended.

The Contractor shall maintain electronic daily activity logs documenting:

• Patrol activities

• Security observations

• Access control activities

• Visitor interactions

• Unusual occurrences

• Security concerns

Incident reports shall document:

• Criminal activity

• Trespassing incidents

• Property damage

• Safety hazards

• Emergency responses

• Law enforcement interactions

The Contractor shall submit a weekly summary report to the Facilities Director detailing:

• All incidents

• Security observations

• Visitor activity

• Law enforcement responses

• Recommendations for corrective actions or improvements

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Incident reports shall be submitted to the City's designated representative within twenty-four (24) hours of occurrence unless otherwise directed.

Failure to provide the required information may result in the Bidder being deemed non-responsible.

The City may rely on its own performance records for work previously performed for the City and may contact references provided. If the Bidder fails to provide the previously described items, if references are unsatisfactory or cannot be verified after three (3) attempts, the Bidder may be deemed non-responsible.

4.3.2. Capacity

The Bidder must have sufficient personnel, equipment, financial resources, and operational capacity to perform the required services and be otherwise qualified and eligible to perform the work under applicable laws and regulations.

Pricing

Bidders shall submit pricing by completing the required line item in the City's eBid System (IonWave) Line Items tab. Estimated annual quantities are provided for bid evaluation purposes only and are not a guarantee of future work. Failure to submit pricing for all required line items may result in the bid being deemed non-responsive.

Service Description Estimated Annual Hours

Hourly Rate Extended Annual

Cost

Armed Security Guard Services 2300

The hourly rate shall include all costs associated with providing services, including but not limited to:

• Labor

• Supervision

• Uniforms

• Equipment

• Training

• Licensing

• Administrative costs

• Insurance

• Taxes

• Transportation

• Overhead

• Profit

No additional fees shall be permitted unless specifically authorized in writing by the City.

The Contractor shall submit invoices monthly, no later than the fifteenth (15th) business day following the month in which services were performed.

Invoices shall include:

Contract Number.

Dates of service.

Hours worked.

Hourly rate.

Total amount due.

Supporting documentation when requested by the City.

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Invoices shall not be submitted before completion of the applicable billing period.

Invoices shall be submitted to:

City of Pompano Beach Facilities Management Division 100 West Atlantic Boulevard Pompano Beach, Florida 33060 or such other address designated by the City.

Payment shall be made in accordance with the Florida Prompt Payment Act and City procedures.

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5. AWARD AND RESERVATION OF RIGHTS

Intent to Award If the City elects to make an award, the Contract will be awarded to the lowest responsive and responsible Bidder as determined in accordance with Section 4.

The Awarded Bidder will receive an automatically generated notice of award from the eBid System or a written notification from the Procurement and Contracts Department.

The City reserves the right to postpone the award of the Contract for a period not to exceed one hundred eighty

(180) days from the Bid unsealing date.

Reservation or Rights The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, and changes in the work, and to negotiate contract terms with the Awarded Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced, or conditional Bids. Also, the City reserves the right to reject the Bid of any Bidder if the City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsible, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City. Therefore, discrepancies between the indicated sum of any column of figures and the correctly tabulated sum of any column will be resolved in favor of the correctly tabulated sum of any column.

The City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. The City also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice of Award.

The City may conduct such investigations as the City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the work in accordance with the Contract resulting from the ITB to the City’s satisfaction within the prescribed time.

Fair Market Pricing The City requires that all Bidders submit cost estimates that are consistent with fair market pricing. All Bids will be reviewed to ensure that proposed costs align with current industry standards for similar projects. If any submitted Bid is found to be substantially higher or lower than what is deemed reasonable by prevailing market conditions, the City reserves the right to reject the Bid. Such determinations will consider both the overall project cost and individual line items within the Bid. The City may rely on independent evaluations, cost databases, or comparative analyses to establish fair market ranges.

In submitting a Bid, each Bidder acknowledges and agrees that:

1. Submitted proposed costs reflect competitive pricing within the industry.

2. Bidder understands and accepts that Bids with significantly inflated or deflated costs, relative to fair market standards, may be excluded from consideration without further recourse.

In evaluating Bids, the City will consider the Bidders' qualifications, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the ITB or prior to the Notice of Award.

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6. LOCAL BUSINESS PROGRAM

The Procurement and Contracts staff will evaluate this section. On March 13, 2018, the City Commission approved Ordinance 2018-46, establishing a Local Business Program, a policy to increase the participation of City businesses in the City's procurement process.

For purposes of this solicitation, “Local Business” will be defined as follows:

TIER 1 LOCAL VENDOR.

POMPANO BEACH BUSINESS EMPLOYING POMPANO BEACH RESIDENTS. A business entity that has maintained a permanent place of business within the City limits and maintains a staffing level, within this local office, of at least ten percent who are residents of the City, or includes subcontracting commitments to Local Vendors Subcontractors for at least ten percent of the contract value. The permanent place of business may not be a post office box. The business must be located in a non-residential zone and must actually distribute goods or services from that location. The business must be staffed with full-time employees within the limits of the City.

In addition, the business must have a current business tax receipt from the City for a minimum of one year prior to the date of issuance of a solicitation.

TIER 2 LOCAL VENDOR.

BROWARD COUNTY BUSINESS EMPLOYING POMPANO BEACH RESIDENTS OR UTILIZING LOCAL

VENDOR SUBCONTRACTORS. A business entity, which has maintained a permanent place of business within Broward County and maintains a staffing level, within this local office, of at least 15% who are residents of the City, or includes subcontracting commitments to Local Vendors Subcontractors for at least 20% of the contract value. The permanent place of business may not be a post office box. The business must be located in a non-residential zone and must actually distribute goods or services from that location. The business must be staffed with full-time employees within the limits of the City. In addition, the business must have a current business tax receipt from the respective Broward County municipality for a minimum of one year prior to the date of issuance of a solicitation.

LOCAL VENDOR SUBCONTRACTOR.

POMPANO BEACH BUSINESS. A business entity that has maintained a permanent place of business within the City limits of the City. The permanent place of business may not be a post office box. The business must be located in a non-residential zone and must actually distribute goods or services from that location. The business must be staffed with full-time employees within the limits of the City. In addition, the business must have a current business tax receipt from the City for a minimum of one year prior to the date of issuance of a solicitation.

You can view the list of City businesses with a current Business Tax Receipt on the City’s website and locate local companies that are available to perform the work required by the ITB scope of services. The business information, sorted by business use classification, is posted on the Business Tax Receipt Division webpage:

www.pompanobeachfl.gov by selecting the Pompano Beach Business Directory in the Shop Pompano! Section.

The City of Pompano Beach is strongly committed to insuring the participation of Local Vendors as contractors and subcontractors for the procurement of goods and services. Bidders are required to participate in the City of Pompano Beach's Local Business Program by including, as part of their Bid package, the Local Vendor Participation Form (Exhibit "A") and the Letter of Intent Form (Exhibit "B"). Bidders who are unable to meet the required goals should also provide the Local Vendor Unavailability Form and Good Faith Effort Report (Exhibits "C" and "D").

The City shall award a Local Vendor preference based upon vendors, contractors, or subcontractors who are local as follows:

a) For Bid evaluation purposes, Tier 1 business as defined by this subsection shall be granted a preference in the amount of 5% of any Bid or five points of any proposal score. If the Tier 1 business submits a second Bid which is at least 1% lower than that lowest responsive Bid/quote, then the award

ITB26-041 Page 13 of 20 will go to the Tier 1 business. If not, the award will be made to the business that submits the lowest responsive Bid/quote. If the lowest responsive and responsible Bidder is also a Tier 1 business, the award will be made to that business and no other Bidders will be given an opportunity to submit additional Bids as described herein.

b) For Bid evaluation purposes, Tier 2 business as defined by this subsection shall be granted a preference in the amount of 2.5% of any Bid or two and one-half points of any proposal score. If the Tier 2 business submits a second Bid, which is at least 1% lower than that lowest responsive Bid/quote, then the award will go to the Tier 2 business. If not, the award will be made to the business that submits the lowest responsive Bid/quote. If the lowest responsive and responsible Bidder is also a Tier 1 business, the award will be made to that business and no other Bidders will be given an opportunity to submit additional Bids as described herein.

c) If there is a Tier 1 business and/or Tier 2 business participating in the same Bid solicitation and all businesses qualify to submit a second Bid as detailed above, the Tier 1 business will be given first option, the Tier 2 business will be given second option. If the Tier 1 business is not the lowest Bid received by at least 1%, then an opportunity will be given to the Tier 2 business. If the Tier 2 business is not the lowest Bid by at least 1%, then the Bid will be awarded to the lowest Bidder regardless of geographic location of the business.

BIDDERS APPLYING FOR TIER 1 STATUS, OR THOSE LISTING LOCAL SUBCONTRACTORS OR

SUBCONSULTANTS IN EXHIBIT A, MUST PROVIDE A VALID CITY OF POMPANO BEACH BUSINESS TAX

RECEIPT FOR THE BIDDERS AND FOR EACH LOCAL SUBCONTRACTOR OR SUBCONSULTANT

IDENTIFIED. FAILURE TO INCLUDE THE REQUIRED BUSINESS TAX RECEIPT(S) WILL RESULT IN THE

DISQUALIFICATION OF THE SUBCONTRACTOR OR SUBCONSULTANT FROM THE LOCAL BUSINESS

PROGRAM (SECTION 6.5) AND THE LOSS OF ALL ASSOCIATED POINTS.

IF A BIDDER IS NOT CLAIMING PARTICIPATION IN ANY LOCAL BUSINESS PROGRAM TIER, THE

REQUIRED FORMS (EXHIBITS A THROUGH D, AS APPLICABLE) MUST STILL BE SUBMITTED AND

CLEARLY MARKED “NOT APPLICABLE” THROUGHOUT. PROPOSALS SUBMITTED WITHOUT THE

REQUIRED DOCUMENTATION WILL BE DEEMED NON-RESPONSIVE AND INELIGIBLE FOR AWARD.

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7. 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, 1010 N.E. 3rd Avenue, Building C, 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 City's discretion.

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, ITB26-041 Page 15 of 20 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 Unless otherwise expressly stated in the solicitation documents, all materials, equipment, and supplies provided under the resulting Contract shall be new, of the latest model, of good quality, and free from defects in workmanship and materials. Reconditioned, refurbished, rebuilt, discontinued, used, shopworn, demonstrator, prototype, or similar items shall not be furnished without the prior written approval of 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.

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 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

ITB26-041 Page 16 of 20 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, or otherwise terminate the solicitation. 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.

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 CRA 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

ITB26-041 Page 17 of 20 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 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.

ITB26-041 Page 18 of 20

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.

Price Adjustments Prices shall remain firm throughout the initial one (1) year term of the Contract. The Contractor may request a price adjustment for any renewal term by submitting a written request to the City no less than ninety (90) calendar days prior to the renewal date. The request must include documentation sufficient to justify the requested adjustment.

Any approved price adjustment shall be at the sole discretion of the City and shall not exceed six percent (6%) of the Contractor's unit prices in effect during the immediately preceding contract term. Approval of any price adjustment is not automatic and shall be effective only upon written approval by the City.

Unit price adjustments must receive written approval from the City prior to invoicing. Any price adjustment invoiced without prior written approval shall not be paid, and the invoice will be returned for correction.

The Director, Procurement and Contracts, may, in the Director’s sole discretion on behalf of the City, equitably adjust pricing if the pricing or availability of supplies is adversely affected by extreme and unforeseen volatility in the marketplace. Consideration for any pricing adjustment shall require the vendor to provide irrefutable evidence that ALL the following circumstances exist:

i. The volatility is due to causes wholly beyond the vendor’s control and

ii. The volatility affects the marketplace or industry, not just the vendor’s source of supply; and

iii. The effect on pricing or availability of supply is substantial, and

iv. The volatility so affects the vendor that continued performance of the Agreement would result in a substantial loss.

Note: The Director of Procurement and Contracts must confirm any pricing adjustment in writing.

PRICE REDUCTIONS: Awarded vendors may offer to the City, at any time during the Agreement period, additional discounts from the prices offered in this Solicitation and invoice less than the prices offered in their submitted Bid. If, from the date of Bid opening, the Awardee either Bids the same products at a lower price than offered to the City or reduces the price of the Bidding product to another entity, the lowest of these reduced prices shall be extended to the City.

Invoicing/Payment Contractor shall submit an invoice by the fifteenth (15th) of the following month to the City of Pompano Beach at the location: Facilities Maintenance Division, 100 West Atlantic Boulevard, Pompano Beach, FL 33060 or such other address designated by the City. Payment shall be made in accordance with the Florida Prompt Payment Act and City procedures.

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 Pompano Beach.

Force Majeure Neither party shall be obligated to perform any duty, requirement, or obligation under this ITB if the City has determined that such performance is prevented by fire, hurricane, earthquake, explosion, war, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, epidemics, pandemics, ITB26-041 Page 19 of 20 government regulations, and the issuance or extension of existing government orders of the United States, the State of Florida, or local county and municipal governing bodies, or because of any other matter or condition beyond the control of either party and which cannot be overcome by reasonable diligence and without unusual expense (“Force Majeure”). In no event shall lack of funds on the part of either party be deemed Force Majeure.

Public Records The City is a public agency subject to Section 119 of the Florida Statutes. The Contractor shall comply with Florida's Public Records Law, as amended. Specifically, the Contractor shall:

a. Keep and maintain public records required by the City in order to perform the service;

b. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Section 119, Florida Statutes or as…