city of delray beach ITQ 2026-001 _Canal Maintenance Services_Final.pdf

City of Delray Beach

ITQ2026-001

Canal Maintenance Services

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The City of Delray Beach

100 NW 1st Avenue Delray Beach, FL 33444

PURCHASING DEPARTMENT

INVITATION TO QUOTE

ITQ NO.: 2026-001

CANAL MAINTENANCE SERVICES

INVITATION TO QUOTE INSTRUCTIONS

ITQ NO.: 2026-001 TITLE: Canal Maintenance Services

ISSUE DATE: April 30, 2026 DEPARTMENT: Public Works

DUE DATE: May 14, 2026

The City of Delray Beach, Public Works Department, is seeking quote from qualified vendors to provide Canal Maintenance Services. Any individual, firm or company wishing to submit a quote (Bidder) must comply with the requirements contained in this Invitation to Quote (ITQ).

1. CORRESPONDENCE: The number of this ITQ must appear on all correspondence, or inquiries, pertaining to this ITQ.

2. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the solicitation process for this ITQ shall become the property of the City and shall be treated as City documents subject to typical practice and applicable laws for public records.

3. PREPARATION COSTS: The City will not be liable for any costs associated with the preparation, transmittal or presentation of any quotes or materials submitted in response to this ITQ.

4. ADDENDA: Any interpretations, corrections or changes to this ITQ will be made by addenda.

5. QUESTIONS: Each Bidder must examine this ITQ. Any questions regarding the specifications and Solicitation process must be submitted in writing through the “Question” feature on https://www.bidnetdirect.com/florida/cityofdelraybeach. Requests for clarification and additional information must be received prior to the deadline for Submission of Questions May 11, 2026 @ 5:00PM. (Eastern Time). Questions of a material nature must be received prior to the Deadline for Delivery of Questions specified in the Solicitation Schedule for this ITQ.

Submission of a Quote will be considered evidence that the prospective vendor has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required.

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6. CITY’S ACCEPTANCE: Unless otherwise specified herein, the Bidder will allow a minimum of ninety (90) days from the Due Date and Time for acceptance of its Quote by the City Manager.

[Remainder of page intentionally left blank]

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SECTION 1

SCOPE OF WORK / SPECIFICATIONS

A. SCOPE

The Stormwater Maintenance Division of the Public Works Department is seeking qualified vendors to provide canal maintenance services at three (3) canals (approx. 11,300 linear feet combined) and one (1) pocket pond (approx. 920 linear feet). Successful vendor shall provide all labor, material, tools, vehicles, travel licenses, insurances, permits for the canal maintenance Services.

The vendor is only confined to providing these services within the City of Delray Beach City limits.

B. TYPE OF SERVICES

The scope of services shall include:

• Algae and Aquatic Weed Control

• Border Grass and Brush Control to Water’s Edge

• Water Testing (purpose of improving weed program results)

• Aquatics Consulting

• Management Reporting

• Fish & Wildlife Monitoring

• Biological Control Agent Permit Applications (Triploid, Grass Carp, Mosquito Fish)

• Cattail Maintenance in Littoral Shelves

• Use of products that have been shown to present a wide margin of safety for Florida Fish and Wildlife

C. LOCATION

Locations to be serviced identified in Exhibit “A” are as follows:

• Hungerford Canal

• L Canal

• Bass Canal

• Pocket Pond

D. SCHEDULE OF SERVICES

Services shall occur:

• Canals – every two (2) months (6x/year)

• Pocket Pond – once monthly (12x/year)

E. OPTIONAL SERVICES

Optional Add-on services may include:

• Trash/debris removal

• Physical cutting and/or plant removal

F. REQUIREMENTS/SPECIFICATIONS

Qualified Vendors means:

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• Company is a licensed pesticide applicator in the state

• Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health, Forestry, Right of Way, and Turf/Ornamental as required in the state in which service is to be provided.

• Vendors shall comply with applicable State and Federal regulatory requirements regarding

• Vendors shall provide certificate of liability insurance as requested.

G. PAYMENTS

Invoices shall be submitted monthly for services performed. All areas shall be inspected upon receipt of invoice and any deficiencies shall be brought to the attention of the Vendor. Deficiency shall be corrected or addressed prior to the submittal of invoice for payment. On-site inspections shall be made with a City Representative after the first month and at quarterly intervals.

End of Section 1

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SECTION 2

MINIMUM QUALIFICATIONS

Bidder shall submit information and documentation requested in this Section that confirms it meets the following qualification requirement(s). For the purposes of this ITQ, a responsible vendor is a vendor that meets the minimum qualification requirements below.

i. Vendor is registered with the States of Florida, Division of corporations to do business in Florida.

No documentation is required. The City will verify.

ii. Vendor has submitted pricing utilizing the pricing form contained in this ITQ.

No additional documentation is required. The City will verify from Bidder’s Bid.

iii. Vendor has no reported conflict of interests in relation to this ITQ.

Disclose the name of any officer, director or agent who is also an employee of the City.

Disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s firm or any of its branches. If no conflicts of interest are present, Bidder must submit a statement to that affect.

End of Section 2

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SECTION 3

PRICING SCHEDULE

Group 1 - Maintenance Services Description Price Per

Visit Frequency

Per Year Total

Canals (Hungerford, L Canal, Bass Canal) x 6 = $ Canal (Pocket Pond) X 12 = $

TOTAL PER YEAR $

TOTAL ESTIMATED COST PER YEAR

GROUP 1 + GROUP 2 =

TOTAL QUOTE PRICE $ ________________________________________________

End of Section 3

Group 2 - Additional Services Description Price Per

Year Frequency

Per Year Total

As Needed/Requested 1,000 x 1 = 1,000

TOTAL PER YEAR 1,000

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SECTION 4

RESPONSE REQUIREMENTS

A. Provide the following information for three (3) clients, for whom the bidder has provided similar services, within the last five (5) years, which are willing and able to confirm the projects.

I. Entity Name II. Entity’s Primary Contact for contract

III. Name IV. Title V. Phone Number

VI. Email Address VII. Project Term (Start/End Date)

VIII. Types and Amount of Work Self-performed IX. Beginning and ending contract/PO amounts X. Number of change orders or stop work notices

End Of Section 4

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SECTION 5

EXHIBIT

5.1 Exhibit “A” - Sites Location

Exhibits “B” – Insurance Requirements

End of Section 5

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SECTION 6

AFFIDAVITS

6.1 AFFIDAVITS

The forms listed below must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents a binding commitment upon the Bidder to provide the goods and/or services offered to the City if the Bidder is determined to be the lowest responsive and responsible Bidder.

a. Acknowledgement of Addenda

b. Bid Submittal Signature Page

c. Conflict of Interest Disclosure Form

d. Notification of Public Entity Crimes Law

e. Notification of Public Records Law

f. Drug-Free Workplace

g. Non-Collusion Affidavit

h. Truth – In – Negotiation Certificate

i. Scrutinized Company Certification

j. Affidavit Regarding the use of Coercion for Labor and Services

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ACKNOWLEDGEMENT OF ADDENDA

INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES

PART I:

List below the dates of issue for each addendum received in connection with this Solicitation:

Addendum #1, Dated

Addendum #2, Dated

Addendum #3, Dated

Addendum #4, Dated

Addendum #5, Dated

Addendum #6, Dated

Addendum #7, Dated

Addendum #8, Dated

PART II:

NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION

Firm Name

Signature

Name and Title (Print or Type) Date

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BID SUBMITTAL SIGNATURE PAGE

By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions.

Firm Name:

Street Address:

Mailing Address (if different than Street Address):

Telephone Number(s): _________________________________________

Fax Number(s): _______________________________________________

Email Address: ________________________________________________

Federal Employer Identification Number: _____________________________________________

Signature: _____________________________________________________________________ (Signature of authorized agent)

Print Name: ___________________________________________

Title: _________________________________________________

By signing this document, the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement.

THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE

BOUND BY THE TERMS OF ITS OFFER, FOR NOT LESS THAN 90 DAYS, AND THE BIDDER’S

UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS

INVITATION TO BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE, BY AN

AUTHORIZED REPRESENTATIVE, SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY,

HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED

DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER.

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CONFLICT OF INTEREST DISCLOSURE FORM

The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bids: the name of any officer, director, or agent who is also an employee of the City of Delray Beach.

Furthermore, all Bidders must disclose the name of any City employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the Bidder’s firm or any of its branches.

The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest in evaluation team members and other key personnel involved in the award of this contract.

The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities.

Please check one of the following statements and attach additional documentation if necessary:

_________ To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this Bid.

_________ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this Bid.

Acknowledged by:

Signature

Name and Title (Print or Type)

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NOTIFICATION OF PUBLIC ENTITY CRIMES LAW

Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub-vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section

287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list.

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Notification of Public Records Law Pertaining to Public Contracts and Requests for Contractor Records Pursuant to Chapter 119, Florida Statutes

Pursuant to Chapter 119, Florida Statutes, Contractor shall comply with the public records law by keeping and maintaining public records required by the City of Delray Beach in order to perform the service. Upon request from the City of Delray Beach’ custodian of public records, contract shall provide the City of Delray Beach 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 Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract If the Contractor does not transfer the records to the City of Delray Beach.

Contractor upon completion of the contract, shall transfer, at no cost, to the City of Delray Beach all public records in possession of the Contractor or keep and maintain public records required by the City of Delray Beach in order to perform the service. If the Contractor transfers all public records to the City of Delray Beach upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City of Delray Beach, upon request from the City of Delray Beach’ custodian of public records, in a format that is compatible with the information technology systems of the City of Delray Beach.

IF THE AWARDED BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO THE AWARDED BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF

DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S

OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT

CITYCLERK@MYDELRAYBEACH.COM.

Acknowledged:

Firm Name

Signature

Name and Title (Print or Type)

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DRUG-FREE WORKPLACE

________________________________________________________is a drug-free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes.

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NON-COLLUSION AFFIDAVIT

STATE OF ______________

COUNTY OF ____________

Before me, the undersigned authority, personally appeared ___________________________, who, after being by me first duly sworn, deposes and says of his/her personal knowledge that:

a. He/She is __________________________ of ______________________________, the Bidder that has submitted a Bid to perform work for the following:

ITQ No.: _______________________ Title:

b. He/She is fully informed respecting the preparation and contents of the attached Request for

Bids, and of all pertinent circumstances respecting such Solicitation.

Such Bid is genuine and is not a collusive or sham Bid.

c. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Solicitation and contract for which the attached Bid has been submitted or to refrain from proposing in connection with such Solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City or any person interested in the proposed contract.

d. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Subscribed and sworn to (or affirmed) before me this _______ day of _____________________ 20__, by ______________________________, who is personally known to me or who has produced _______________________________________________ as identification.

SEAL Notary Signature_____________________________ Notary Name: _______________________________ Notary Public (State): __________________________ My Commission No: ___________________________ Expires on: __________________________________

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TRUTH – IN – NEGOTIATION CERTIFICATE

The undersigned warrants (i) that it has not employed or retained any company or person, other than bona fide employees working solely for the undersigned, to solicit or secure the Agreement and (ii) that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than its bona fide employees working solely for the undersigned or agreed to pay any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of the Agreement.

The undersigned certifies that the wage rates and other factual unit costs used to determine the compensation provided for in the Agreement are accurate, complete, and current as of the date of the Agreement.

Name: ____________________________________________

Title: ____________________________________________

Date: ____________________________________________

Signature: ____________________________________________

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SCRUTINIZED COMPANY CERTIFICATION

This certification is required pursuant to Florida State Statute Section 287.135.

As of July 1, 2011, a company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.

Companies must complete and return this form with its response.

Company: ___________________________________ FID or EIN No.: _________________________

Address:_____________________________________________________________________________

City:________________________________ State: _____________ Zip: ___________________

I, __________________________________, as a representative of ___________________________ certify and affirm that this company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with

Activities in the Iran Petroleum Energy Sector List.

Signature Title

Printed Name Date

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CITY OF DELRAY BEACH

AFFIDAVIT REGARDING THE USE OF COERCION FOR LABOR AND SERVICES

Vendor Name:

Vendor FEIN:

Vendor’s Authorized Representative Name and Title:

Address:

City: State: Zip:

Phone Number:

Email Address:

Florida Statute §787.06(13) requires all nongovernmental entities executing, renewing, or extending a contract with a governmental entity to provide an affidavit signed by a officer or representative of the nongovernmental entity under penalty of perjury that the nongovernmental entity does not use coercion for labor or services as defined in that statute. The City of Delray Beach, Florida is a governmental entity for the purposes of this statute.

As the officer or representative of the company, I certify that the company identified above does not:

• Use or threaten to use physical force against any person;

Restrain, isolate, or confine or threaten to restrain, isolate, or confine any person without lawful authority and against his or her will;

• Use lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied towards the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined;

• Destroy, conceal, remove, confiscate, withhold, or possess any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification, of any person;

• Cause or threaten to cause financial harm to any person;

• Entice or lure any person by fraud or deceit;

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• Provide controlled substances as outlined in Schedule I or Schedule II of Florida State Statute §893.03 to any person for the purpose of exploitation of that person.

Under penalties of perjury, I declare that I have read the foregoing document and the at the facts stated in it are true.

Signature:

(Authorized Signature)

Print Na m e and Title:

Date:

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SECTION 7

Below is the standard agreement format for this Invitation to Quote. This is a sample agreement only and is subject to revisions. DO NOT COMPLETE.

Sample Agreement Format

AGREEMENT

THIS AGREEMENT is hereby made and entered into this ____ day of ____________, 20__, (the “effective date”) by and between the City of Delray Beach, a Florida municipal corporation (“City”), whose address is 100 N.W. 1st Avenue, Delray Beach, Florida 33444, and _____________, a corporation (hereafter referred to as “Contractor”), whose address is ______________.

WHEREAS, the City desires to retain the services of the Contractor to provide the goods and services in accordance with the City’s Invitation to Quote No. _______, and the Contractor’s response thereto, all of which are incorporated herein by reference.

NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows:

ARTICLE 1. INCORPORATION OF INVITATION TO QUOTE

The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City’s Invitation to Quote ITQ2026-0001, and the Contractor’s response to the Invitation to Quote, including all documentation required thereunder.

ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES

The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the City’s Invitation to Quote, which are incorporated herein by reference.

ARTICLE 3. COMPENSATION

The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein, according to the terms and specifications of the referenced Invitation to Quote.

ARTICLE 4. MISCELLANEOUS PROVISIONS

a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses:

i. As to the City: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: City Manager

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ii. with a copy to: City of Delray Beach 200 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: City Attorney

iii. As to the Contractor:

Attn.:

Email: ________

b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto.

ARTICLE 5. E-Verify

By entering into this Agreement Contractor acknowledges its obligation to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Contractor affirms and represents it is registered with the E-Verify system, utilizing same, and will continue to utilize same as required by law.

Compliance with this section includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply with this section will result in the termination of this Agreement, or if your subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If terminated for a violation of the statute by Contractor, the Contractor may be prohibited from conducting future business with the City or awarded a solicitation or contract for a period of 1 year after the date of termination. All costs incurred to initiate and sustain the aforementioned programs shall be the responsibility of the Contractor.

ARTICLE 6. CONTRACT TERM

This term of this Agreement shall remain in effect for a term of three (3) years and may be renewed for two (2) additional one-year (1) period (s), unless terminated earlier in accordance with terms set forth in the ITQ.

ARTICLE 7. AFFIDAVIT REQUIREMENTS

Pursuant to Florida Statute §787.06(13), Contractor has provided to the City an affidavit executed by an officer or representative of the nongovernmental entity under penalty of perjury attesting that Contractor does not use coercion for labor or services as defined in the statue.

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IN WITNESS WHEREOF, the City and Contractor executed this contract as of the day and year first above written.

ATTEST: CITY OF DELRAY EBACH

By: By:_______________________________

Alexis Givings, City Clerk Terrence R. Moore, ICMA, City Manager

APPROVED AS TO FORM AND

LEGAL SUFFICIENCY:

By:

Lynn Gelin, City Attorney

CONTRACTOR

By: ___________________________

Print Name: _____________________

Title: ___________________________

[Corporate Seal]

[Corporate Seal]

STATE OF ______________

COUNTY OF ____________

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of _______________, 20__, by _____________________________________ (name of person), as _____________ (type of authority) for ___________________ (name of party on behalf of whom instrument was executed).

Personally known ___ OR Produced Identification Type of Identification Produced __________________

Notary Public – State of _______________

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SECTION 8

GENERAL TERMS AND CONDITIONS

8.1 DEFINITIONS

a. Bid: any offer(s) submitted in response to an Invitation to Quote.

b. Bidder: person or firm submitting a Bid in response to an Invitation to Quote.

c. Bid Solicitation or Invitation to Quote: this Solicitation documentation, including any and all addenda.

d. Bid Submittal Form: describes the goods or services to be purchased and must be completed and submitted with the Quote.

e. City: shall refer to the City of Delray Beach, Florida.

f. Contract or Agreement: Invitation to Bid, all addenda issued thereto, all affidavits, the signed agreement, and all related documents which comprise the totality of the contract or agreement between the City and the Bidder.

g. Contractor: awarded Bidder or Bidder who is awarded a contract to provide goods or services to the City.

h. Invitation to Bid: formal request for Bids from qualified Bidders.

i. Purchasing Department: Purchasing Department of the City of Delray Beach, Florida.

j. Responsible Bidder: Bidder which has the capability in all respects to perform in full the contract requirements, as stated in the Invitation to Quote, and the integrity and reliability that will assure good-faith performance.

k. Responsive Bidder: Bidder whose Bid conforms in all material respects to the terms and conditions included in the Invitation to Quote.

8.2 CONE OF SILENCE

Pursuant to Section 2-355 of Palm Beach County Ordinance No. 2011-039, and the purchasing policies of the City of Delray Beach, all Solicitations, once advertised and until the appropriate authority has approved an award recommendation, are under the “Cone of Silence”. This limits and requires documentation of communication between potential Bidders and/or Bidders on City Solicitations, the City’s professional staff, and the City Council members.

8.3 ADDENDUM

The Purchasing Department may issue an addendum in response to any inquiry received, prior to the close of the Solicitation period, which changes, adds, or clarifies the terms, provisions, or requirements of the Solicitation. The Bidder should not rely on any representation, statement, or explanation, whether written or verbal, other than those made in the Solicitation document or in the addenda issued. Where there appears to be a conflict between the Solicitation and any addenda, the last addendum issued shall prevail. It is the vendor’s

Page | 38 responsibility to ensure receipt of all addenda, and any accompanying documentation. The vendor is required to submit with its Bid or Quote a signed “Acknowledgment of Addenda” form, when any addenda have been issued.

8.4 LEGAL REQUIREMENTS

This Solicitation is subject to all legal requirements contained in the applicable City Ordinances and Resolutions, as well as all applicable City, State, and Federal Statutes. Where conflict exists between this Bid Solicitation and these legal requirements, the authority shall prevail in the following order: Federal, State, and local.

8.5 CHANGE OF BID

Prior to the scheduled Bid opening a Bidder may change its Bid by submitting a new Bid (as indicated on the cover page) with a letter on the firm’s letterhead, signed by an authorized agent stating that the new submittal replaces the original submittal. The new submittal shall contain the letter and all information as required for submitting the original Bid. No changes to a Bid will be accepted after the Bid has been opened.

8.6 WITHDRAWAL OF QUOTE

A Bid shall be irrevocable unless the Quote is withdrawn as provided herein. Only a written letter received by the Purchasing Department prior to the Bid opening date may withdraw a Bid. A Bid may also be withdrawn ninety (90) days after the Bid has been opened and prior to award, by submitting a letter to the Purchasing and Contracts Director. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Bidder.

8.7 CONFLICTS WITHIN THE BID SOLICITATION

Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Form, or any addendum issued, the order of precedence shall be: the last addendum issued, the Bid Submittal Form, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions.

8.8 PROMPT PAYMENT TERMS

It is the policy of the City of Delray Beach that payment for all purchases by City departments shall be made in a timely manner. The City will pay the awarded Bidder upon receipt and acceptance of the goods or services by a duly authorized representative of the City. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. Proceedings to resolve disputes for payment of obligations shall be concluded by final written decision of the City Manager or designee, not later than sixty (60) days after the date on which the proper invoice was received by the City.

8.9 DISCOUNTS (PROMPT PAYMENTS)

The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during Bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the Solicitation.

8.10 PREPARATION OF BIDS

a. The Bid forms define requirements of items to be purchased and must be completed and submitted with the Bid. Use of any other forms will result in the rejection of the Bidder’s offer. The Bid submittal forms must be legible. Bidders shall use typewriter, computer, or ink. All changes must be crossed out and initiated in ink. Failure to comply with these requirements may cause the Bid to be rejected.

b. An authorized agent of the Bidder’s firm must sign the Bid submittal form. Failure to sign the Signature Page of the Bid shall render the Bid non-responsive.

c. The Bidder may be considered non-responsive if Bids are conditioned upon modifications, changes, or revisions to the terms and conditions of this Solicitation.

d. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail.

e. Late Bids will not be accepted and will be returned to the sender unopened. It is the Bidder’s responsibility to ensure timely delivery by the due date and time, and at the place stated in this Solicitation. No exceptions will be made due to weather, carrier, traffic, illness, or other issues.

8.11 CANCELLATION OF BID SOLICITATION

The City of Delray Beach reserves the right to cancel, in whole or in part, any Invitation to Bid when it is in the best interest of the City.

8.12 AWARD OF CONTRACT

a. The contract may be awarded to the responsive and responsible Bidder meeting all requirements as set forth in the Solicitation. The City reserves the right to reject any and all Bids, to waive irregularities or technicalities, and to re-advertise for all or any part of this Bid Solicitation as deemed in its best interest. The City shall be the sole judge of its best interest.

b. The City reserves the right to reject any and all Bids if it is determined that prices are excessive, best offers are determined to be unreasonable, or it is otherwise determined to be in the City’s best interest to do so.

c. The City reserves the right to negotiate prices with the responsive and responsible low

Bidder, provided that the scope of work of this Solicitation remains the same.

d. The Bidder’s performance as a prime contractor or subcontractor on previous City contracts shall be taken into account in evaluating the Bid received for this Bid Solicitation.

e. The City will provide a copy of the Bid Tabulation to all Bidders responding to this

f. The Bid Solicitation, any addenda and/or properly executed modifications, the signed

Agreement, the purchase order, and any change order(s) shall constitute the contract.

g. The Purchasing and Contracts Director will decide all tie Bids.

h. Award of this Bid may be predicated on compliance with and submittal of all required documents as stipulated in the Bid Solicitation.

i. The City reserves the right to request and evaluate additional information from any Bidder after the submission deadline as the City deems necessary.

8.13 CONTRACT EXTENSION

The City reserves the right to automatically extend any agreement for a maximum period not to exceed one hundred eighty (180) calendar days in order to provide City departments with continual service and supplies while a new agreement is being solicited, evaluated, and/or awarded.

8.14 WARRANTY

All warranties express and implied shall be made available to the City for goods and services covered by this Bid Solicitation. All goods furnished shall be fully guaranteed by the awarded Bidder against factory defects and workmanship. At no expense to the City, the awarded Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer’s standard warranty.

8.15 ESTIMATED QUANTITIES

Estimated quantities or dollars are for Bidder’s guidance only: (a) estimates are based on the City’s anticipated needs and/or usage; and (b) the City may use these estimates to determine the low Bidder. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for the given amount subsequent to the award of this Bid Solicitation.

8.16 NON-EXCLUSIVITY

It is the intent of the City to enter into an agreement with the awarded Bidder that will satisfy its needs as described herein. However, the City reserves the right as deemed in its best interest to perform, or cause to be performed, the work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to, award of other contracts, use of any contractor, or perform the work with its own employees.

8.17 CONTINUATION OF WORK

Any work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the awarded Bidder, continue until completion at the same prices, terms, and conditions.

8.18 PROTEST

a. A recommendation for contract award or rejection of award may be protested by a Proposer. The Proposer may file a written protest with the City Clerk’s office. The Proposer shall file its written protest with the City Clerk, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., excluding legal holidays. Protests shall contain the name, address, and phone number of the petitioner, name of the petitioner’s representative (if any), and the title and Proposal number of the Solicitation. The protest shall specifically describe the subject matter, facts giving rise to the protest, and the action requested from the City.

b. The written protest must be received within three business days from the time of the initial posting of the intended award. Notice of Intent to Award shall be posted in Bidnet Direct.

Failure to file a timely formal written protest within the time period specified shall constitute a waiver by the Proposer of all rights of protest under this procedure.

c. The letter of protest shall be accompanied by a non-refundable protest application fee in an amount equal to one percent (1%) of the protestor's bid or five thousand dollars ($5,000.00), whichever is less. The protest application fee must be a cashier's check, a certified check, or an attorney's trust account check made payable to the City of Delray Beach. Failure to provide the required protest application fee shall deem the protest as incomplete and invalid.

8.19 LAWS AND REGULATIONS

The awarded Bidder shall comply with all laws and regulations applicable to provide the goods or services specified in this Bid Solicitation. The Bidder shall be familiar with all federal, state, and local laws that may affect the goods and/or services offered.

8.20 LICENSES, PERMITS AND FEES

The awarded Bidder(s) shall hold all licenses and/or certifications, obtain and pay for all permits and/or inspections, and comply with all laws, ordinances, regulations, and building code requirements applicable to the work required herein. Damages, penalties, and/or fines imposed on the City or an awarded Bidder for failure to obtain and maintain required licenses, certifications, permits, and/or inspections shall be borne by the awarded Bidder.

8.21 SUBCONTRACTING

Unless otherwise specified in this Bid Solicitation, the awarded Bidder shall not subcontract any portion of the work without the prior written consent of the City. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the City may result in termination of the contract for default.

8.22 ASSIGNMENT

The awarded Bidder shall not assign, transfer, hypothecate, or otherwise dispose of this contract, including any rights, title, or interest therein, or its power to execute such contract to any person, company, or corporation without the prior written consent of the City.

Assignment without the prior consent of the City may result in termination of the contract for default.

8.23 SHIPPING TERMS

Unless otherwise specified in the Bid Solicitation, prices quoted shall be F.O.B. Destination.

Freight shall be included in the proposed price.

8.24 RESPONSIBILITIES AS EMPLOYER

The employee(s) of the awarded Bidder shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The awarded Bidder shall provide physically competent employee(s) capable of performing the work as required.

The City may require the awarded Bidder to remove any employee it deems unacceptable. All employees of the awarded Bidder shall wear proper identification.

It is the awarded Bidder’s responsibility to ensure that all its employees and subcontractors comply with the employment regulations required by the US Department of Homeland Security. The City shall have no responsibility to check or verify the legal immigration status of any employee of the awarded Bidder.

8.25 INDEMNIFICATION

The awarded Bidder shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorney’s 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 the agreement by the awarded Bidder or its employees, agents, servants, partners, principals, or subcontractors. The awarded Bidder 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 attorney’s fees which may be incurred thereon. The awarded Bidder expressly understands and agrees that any insurance protection required by this contract agreement or otherwise provided by the awarded Bidder 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.

8.26 COLLUSION

A Bidder recommended for award as the result of a competitive Solicitation for any City purchases of supplies, materials, and services (including professional services, other than professional architectural, engineering, and other services subject to Sec. 287.055 Florida Stats.), purchase, lease, permit, concession, or management agreement shall, within five (5) business days of the filing of such recommendation, submit an affidavit under the penalty of perjury, on a form provided by the City, stating either that the contractor is not related to any of the other parties Bidding in the competitive Solicitation or identifying all related parties, as defined in this Section, which Bid in the Solicitation; and attesting that the contractor’s Bid is genuine and not a sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other Bidder to put in a sham Bid, or any other person, firm, or corporation to refrain from proposing, and that the Bidder has not in any manner sought by collusion to secure to the Bidder an advantage over any other Bidder. In the event a recommended Bidder identifies related parties in the competitive Solicitation its Bid shall be presumed to be collusive and the recommended Bidder shall be ineligible for award unless that presumption is rebutted to the satisfaction of the City. Any person or entity that fails to submit the required affidavit shall be ineligible for contract award.

8.27 MODIFICATION OF CONTRACT

The contract may be modified by mutual consent, in writing, through the issuance of a modification to the contract, a supplemental agreement, purchase order, or change order, as appropriate.

8.28 TERMINATION FOR CONVENIENCE

The City, at its sole discretion, reserves the right to terminate any contract entered into pursuant to this Invitation to quote (ITQ) with or without cause immediately upon providing written notice to the awarded Bidder. Upon receipt of such notice, the awarded Bidder shall not incur any additional costs under the contract. The City shall be liable only for reasonable costs incurred by the awarded Bidder prior to the date of the notice of termination. The City shall be the sole judge of “reasonable costs.”

8.29 TERMINATION FOR DEFAULT

The City reserves the right to terminate this contract, in part or in whole, or place the vendor on probation in the event the awarded Bidder fails to perform in accordance with the terms and conditions stated herein by providing written notice of such failure or default and by specifying a reasonable time period within which the awarded Bidder must cure any such failure to perform or default. If the awarded Bidder fails to cure the default within the time specified, the City may then terminate the subject contract by providing written notice to the awarded Bidder. The City further reserves the right to suspend or debar the awarded Bidder in accordance with the appropriate City ordinances, resolutions, and/or policies. The vendor will be notified by letter of the City’s intent to terminate. In the event of termination for default, the City may procure the required goods and/or services from any source and use any method deemed in its best interest. All re-procurement costs shall be borne by the incumbent Bidder.

8.30 FRAUD AND MISREPRESENTATION

Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, may be debarred for up to five (5) years. The City, as a further sanction, may terminate or cancel any other contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney’s fees.

8.31 ACCESS AND AUDIT OF RECORDS

The City reserves the right to require the awarded Bidder to submit to an audit by an auditor of the City’s choosing at the awarded Bidder’s expense. The awarded Bidder shall provide access to all of its records, which relate directly or indirectly to this Agreement, at its place of business during regular business hours. The awarded Bidder shall retain all records pertaining to this Agreement, and upon request, make them available to the City for three (3) years following expiration of the Agreement. The awarded Bidder agrees to provide such assistance as may be necessary to facilitate the review or audit by the City to ensure compliance with applicable accounting and financial standards.

8.32 OFFICE OF THE INSPECTOR GENERAL

Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed County programs, contracts, transactions, accounts and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all City contracts.

8.33 PRE-AWARD INSPECTION

The City may conduct a pre-award inspection of the Bidder’s site or hold a pre-award qualification hearing to determine if the Bidder is capable of performing the requirements of this Bid Solicitation.

8.34 PROPRIETARY AND/OR CONFIDENTIAL INFORMATION

Bidders are hereby notified that all information submitted as part of, or in support of Bid submittals will be available for public inspection after the opening of Bids in compliance with Chapter 119 of the Florida Statutes, popularly known as the “Public Record Law.” The Bidder shall not submit any information in response to this Solicitation which the Bidder considers to be a trade secret, proprietary, or confidential. The submission of any information to the City in connection with this Solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection which would otherwise be available to the Bidder. In the event that the Bidder submits information to the City in violation of this restriction, either inadvertently or intentionally, and clearly identifies that information in the Bid as protected or confidential, the City may, in its sole discretion, either (a) communicate with the Bidder in writing in an effort to obtain the Bidder’s withdrawal of the confidentiality restriction, or (b) endeavor to redact and return that information to the Bidder as quickly as possible, and if appropriate, evaluate the balance of the Bid. The redaction or return of information pursuant to this clause may render a Bid non-responsive.

8.35 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

Any person or entity that performs or assists the City of Delray Beach with a function or activity involving the use or disclosure of “individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996. HIPAA mandates for privacy, security, and electronic transfer standards include, but are not limited to:

a. Use of information only for performing services required by the contract or as required by law;

b. Use of appropriate safeguards to prevent non-permitted disclosures;

c. Reporting to the City of Delray Beach any non-permitted use or disclosure;

d. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential;

e. Making Protected Health Information (PHI) available to the customer;

f. Making PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer;

g. Making PHI available to the City of Delray Beach for an accounting of disclosures; and

h. Making internal practices, books, and records related to PHI available to the City of Delray

Beach for compliance…