Informal Bid-Invitation to Quote #ITQ-MP-26-42 Town-Wide Pest Control Services

INFORMAL BID-INVITATION TO QUOTE

TITLE ITQ-MP-26-42 TOWN-WIDE PEST CONTROL SERVICES

AVAILABLE Wednesday, July 8, 2026

PRE-BID CONFERENCE undefined

LOCATION undefined

DUE DATE 2:00 pm ON Thursday, July 23, 2026

SUBMIT TO https://procurement.opengov.com/portal/davie-fl/projects/280157

TABLE OF CONTENTS

1. INVITATION TO QUOTE

2. GENERAL TERMS AND CONDITIONS

3. SPECIAL CONDITIONS

4. INSURANCE REQUIREMENTS

5. SCOPE OF WORK/ SPECIFICATIONS

6. QUOTE FORM

7. VENDOR SUBMISSION

Attachments:

A - Bid Pricing From Previous Contract: ITQ-RM-22-49

1. 1. INVITATION TO QUOTE

TOWN OF DAVIE

INVITATION TO QUOTE

ITQ-MP-26-42 Town-Wide Pest Control Services

Dear Potential Bidder:

The Town of Davie, Florida invites qualified bidders to submit responses in accordance with the requirements stated herein no later than 2:00 pm on Thursday, July 23, 2026, for ITQ-MP-26-42 Town-Wide Pest Control Services.

Interested firms may secure the solicitation package and all other pertinent information by visiting https://procurement.opengov.com/portal/davie-fl.

Questions regarding this solicitation shall be submitted in the project Q&A section no later than 5:00 pm on Thursday, July 16, 2026. Responses to those questions considered material to the solicitation will be made available in a formal addendum issued to this project. It is the responsibility of prospective bidders to ensure they are aware of all addenda issued relative to this solicitation.

Bidders shall submit all bid documents for this project electronically through the Town’s e-Procurement portal:

https://procurement.opengov.com/portal/davie-fl/projects/280157. Late submissions shall not be accepted.

The selection of the successful bidder(s) shall be at the Town’s discretion and shall be made in a prompt manner after the receipt and evaluation of all ITQ responses. The Town of Davie reserves the right to reject any and all submissions, to waive any and all irregularities in any submission, and to make awards in the best interest of the Town.

Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk at 954-797-1023 at least forty-eight (48) hours prior to the meeting to request such accommodation. If you are hearing or speech impaired, please contact the Florida Relay Service by using the following numbers: 1-800-955-8770 (voice) or 1-800-955-8771

(TDD).

Brian K. O’Connor

Procurement Manager

Town of Davie

Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after the opening of the bids, proposals, or final replies, whichever is earlier.

Pursuant to Florida Statute § 286.0105, if a person decides to appeal any decision made by this board, agency, committee, or council with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose he or she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based.

2. 2. GENERAL TERMS AND CONDITIONS

2.1 2.1. Definitions

“Town” means Town of Davie.

“Seller” “Vendor” and “Contractor” means a business that sells goods and/or services to Town pursuant to this Invitation to

Quote (“ITQ”).

2.2 2.2. Important Instructions for Electronic Submittals

The Organization Name is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov

Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Draft Response", and follow the instructions to submit the electronic bid.

2.3 2.3. Community Redevelopment Agency (CRA) Funded Projects and Contracts

If the solicitation is fully or partially funded by the Davie Community Redevelopment Agency (CRA), all terms, conditions, and special provisions that reference the Town of Davie shall equally apply to the CRA. In such cases, any mention of the

'Town Council' shall also be understood as the 'CRA Board,' and any reference to the 'Town Administrator' shall likewise refer to the 'CRA Executive Director.

2.4 2.4. Open Competition

It is the policy of the Town to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of work specified in this ITQ are encouraged to submit quotes. Vendors may enroll with the

Town to be included on an email list for goods and services which can be found at https://procurement.opengov.com/portal/davie-fl.

2.5 2.5. Late Submissions

Only quotes received as of opening date and time will be considered timely. Quote and modifications received after the deadline will be rejected as late. The Town will not be responsible in the event that e-mail transmittal fails to deliver any response by the above referenced deadline. Late submissions shall not be accepted.

2.6 2.6. Right to Reject

The selection of the successful respondent(s) shall be at the Town’s discretion and shall be made in a prompt manner after the receipt and evaluation of all quotation responses. The Town of Davie reserves the right to reject any and all submissions, to waive any and all irregularities in any submission, and to make awards in the best interest of the Town.

2.7 2.7. FOB Destination

Prices quoted and deliveries are to be FOB Destination and unloaded, unless otherwise specified in this ITQ, and made during regular business hours. Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of Seller until acceptance by the Town unless loss or damage results from negligence by the Town. If the materials or services supplied to the Town are found to be defective or to not conform to specifications, the Town reserves the right to cancel the order upon written notice to the Seller and return product at Seller’s expense. “Final acceptance” shall occur when all items have been received, or all work has been completed, and accepted by Town, and Town has authorized final payment to Seller.

2.8 2.8. Delivery/Completion Revision Dates

If delivery/completion dates cannot be met, Seller shall inform Town immediately. However, such notice shall not constitute a change to the delivery/completion terms of the PO unless Town modifies the PO in writing. If any item is not received or if any element of the work is not completed by the date specified, Town, at Town’s option and without prior notice to Seller, may either approve a revised date or may cancel the PO and obtain such goods or work elsewhere.

Seller also shall be liable to Town for compensatory damages arising from such failure to timely perform.

2.9 2.9. Containers, Reels, or Pallets shipped

Any containers, reels, or pallets shipped with supplies by Seller are to remain the property of Town unless otherwise agreed in writing.

2.10 2.10. Right to accept in whole or in part

The Town specifically reserves the right to accept all or any part of the quote, to split the award, to increase or decrease the quantity to meet additional or reduced requirements of the Town, without such change affecting the contract unit price set forth in the quote form by the Seller.

Seller’s attention is called to the fact that the estimate of quantities to be furnished under the specifications is approximate only and not guaranteed. The Town does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Seller plead misunderstanding or deception because of such estimate of quantities.

2.11 2.11. Substitutions

No substitutions, quantity changes, price increases, etc. shall be made without a written change order to the PO.

2.12 2.12. Brand Names

Any manufacturer’s names, trade names, brand names, or catalog numbers used in these applications are for the purpose of describing and establishing minimum requirements or level of quality, standards of performance, and design required, and are in no way intended to prohibit the bidding of other manufacturers’ items of equal material, unless specifications state “NO SUBSTITUTIONS.”

Seller must indicate any variances to the specifications, terms, and conditions, no matter how slight. If variations are not stated in the Proposal, it shall be construed that the quote fully complies with the Specifications, Terms and Conditions.

Seller is required to state exactly what they intend to furnish; otherwise they shall be required to furnish the items as specified.

Seller will submit, with their proposal, necessary data (factory information sheets, specifications, brochures, etc.) to evaluate and determine the quality of the item(s) they are quoting.

The Town shall be the sole judge of equality and its decision shall be final.

2.13 2.13. Warranty

Unless otherwise specified, all items proposed by the Seller shall include a warranty covering services, parts and/or labor for a specified period of time. The Seller shall submit information on both manufacturer and dealer warranties, where applicable, with the quote submittal. All goods furnished shall be fully guaranteed by the successful Seller against factory defects and workmanship. At no expense to the Town, the successful Seller shall correct any and all apparent and latent defects that may occur within the manufacturer’s standard warranty. Special conditions dictated in this ITQ may supersede the manufacturer’s standard warranty.

2.14 2.14. Invoices

All invoices should be sent to the using department. In accordance with Florida State Statutes, Chapter 218, payment will be made within 45 days after receipt of services and a proper invoice. The Town cannot make advance payments, make deposits in advance of receipt of goods, or pay C.O.D.

2.15 2.15. Tax Exempt

The Town of Davie is exempt from payment to its vendors of State of Florida sales tax and, therefore, such taxes should not be figured into the quote. However, this exemption does not transmit to suppliers to the Town in their (supplier) purchases of goods or services, used in work or goods supplied to the Town. Contractors are responsible for any taxes, sales or otherwise, levied on their purchases, subcontracts, employment, or otherwise as required.

2.16 2.16. Conflict of Interest

In accordance with Section 2-327 of the Town’s Code, the Town shall not purchase any goods or services from any person who is actively employed by the Town of Davie or from any business or entity of which the employee or the employee’s spouse or child is an agent, officer, partner, director or proprietor or in which they have a material interest or discretionary authority. Any such individual or business shall be disqualified from participating in any bidding activity for purchases by the Town unless specifically authorized by action of the Town Council. Furthermore, all bidders are subject to follow SECTION 1-19 OF THE BROWARD COUNTY CODE.

2.17 2.17. Compliance with Applicable Federal, State, County, and Town Regulations

Seller agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable

Federal, State, County and Town orders, statutes, ordinances, rules and regulations which may pertain to the Services required herein, including but not limited to:

A. Equal Employment Opportunity (EEO), in compliance with Executive Order 11246 as amended and applicable to this

Contract.

B. Occupational Safety and Health Act (OSHA) as applicable to this contract.

C. Environmental Protection Agency (EPA), as applicable to this Contract.

D. A person or affiliate who has been placed on the convicted vendor 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 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 Statutes, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

E. Contractor and all subcontractors shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). Contractor agrees that no portion of the bid award will be paid to any employees of the Town of Davie, its elected officials, and/or the contractor’s consultants, as a commission, kickback, reward or gift, directly or indirectly by the firm or by an officer of the firm.

F. Seller and any subcontractors performing work in connection with this contract shall provide equal opportunity for employment because of race, religion, color, age, sex, national origin, sexual preference, disability or marital status. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Seller agrees to post in a conspicuous place available for employees and applicants for employment, such notices as may be required by the Dade County Fair Housing and Employment Commission, or other authority having jurisdiction over the Work setting forth the provisions of the nondiscrimination law.

G. “Conflicts of Interest” Section 1-19 of the County Code, and Ordinance 2011-19.

H. Florida Building Code (FBC).

Notwithstanding any other provision herein, Seller shall not be required pursuant to the contract to take any action or abstain from taking any action if such action or abstention would, in the good faith determination of the Seller, constitute a violation of any law or regulation to which Seller is subject, including, but not limited to, laws and regulations requiring that

Seller conduct its operations in a safe and sound manner.

2.18 2.18. Local Preference

(a) Definitions. Local Davie Vendor. A "local Davie vendor" shall mean a person or business entity which has maintained a permanent place of business with full-time employees within the Town limits for a minimum of six (6) months prior to the date of issuance of a bid or proposal solicitation. The permanent place of business may not be a post office box or a residence. The business location must actually distribute goods or services from that location. In addition, the business must have a current business tax receipt from the Town of Davie and have an address that the U.S. Postal Service recognizes as being a Davie address to be eligible.

Local Broward County Vendor. A "local Broward County vendor" shall mean a person or business entity which has maintained a permanent place of business with full-time employees within the Broward County limits for a minimum of six

(6) months prior to the date of issuance of a bid or proposal solicitation. The permanent place of business may not be a post office box or a residence. The business location must actually distribute goods or services from that location. In addition, the business must have a current business tax receipt from the Broward County or the city within Broward

County where the business resides and have an address that the U.S. Postal Service recognizes as being a Broward

County address to be eligible.

Bid. A bid shall be any competitive solicitation by specification officially posted by the Town of Davie Procurement staff on the Town's website where the award is determined by the lowest responsible and responsive bidder

Proposal. A proposal shall be any competitive solicitation by request for proposal (RFP) officially posted by the Town of

Davie Procurement staff on the Town's website where the award is determined by qualifications.

(b) Process.

(1) Competitive bid. For bid evaluation purposes, vendors that meet the definition of "local Davie vendor" as detailed above shall be given a five (5) percent evaluation credit. This shall mean that if a "local Davie vendor" submits a bid/quote that is within five (5) percent of the lowest price submitted by any vendor, the "local Davie vendor" shall have an option to submit another bid which is at least one (1) percent lower than the lowest responsive bid/quote. If the "local Davie vendor" submits a bid which is at least one (1) percent lower than that lowest responsive bid/quote, then the award will go to the

"local Davie vendor." If not, the award will be made to the vendor that submits the lowest responsive bid/quote. If the lowest responsive and responsible bidder is a "local Davie vendor," the award will be made to that vendor and no other bidders will be given an opportunity to submit additional bids as described herein.

For bid evaluation purposes, vendors that meet the definition of "local Broward County vendor" as detailed above shall be given a two and one-half (2.5) percent evaluation credit. This shall mean that if a "local Broward County vendor" submits a bid/quote that is within two and one-half (2.5) percent of the lowest price submitted by any vendor, the "local Broward

County vendor" shall have an option to submit another bid which is at least one (1) percent lower than the lowest responsive bid/quote. If the "local Broward County vendor" submits a bid which is at least one (1) percent lower than that lowest responsive bid/quote, then the award will go to the "local Broward County vendor." If not, the award will be made to the vendor that submits the lowest responsive bid/quote. If the lowest responsive and responsible bidder is a "local Davie vendor", the award will be made to that vendor and no other bidders will be given an opportunity to submit additional bids as described herein.

If there is a "local Davie vendor" and a "local Broward County vendor" participating in the same bid solicitation and both vendors qualify to submit a second bid as detailed above, the "local Davie vendor" will be given first option. If the "local

Davie vendor" cannot beat the lowest bid received by at least one (1) percent, an opportunity will be given to the "local

Broward County vendor." If the "local Broward County vendor" cannot beat the lowest bid by at least one (1) percent, then the bid will be awarded to the lowest bidder regardless of geographic location of the business.

If multiple "local Davie vendors" submit bids/quotes which are within five (5) percent of the lowest bid/quote, then all vendors will be asked to submit a "best and final offer (BAFO)." The award will be made to the "local Davie vendor" submitting the lowest BAFO providing that that BAFO is at least one (1) percent lower than the lowest bid/quote received in the original solicitation. If no "local Davie vendor" can beat the lowest bid/quote by at least one (1) percent, then the process will be repeated with all "local Broward County vendors" who have submitted a bid/quote which is within two and one-half (2.5) percent of the lowest bid/quote. If no "local Davie vendor" and no "local Broward County vendor" can submit a BAFO that is at least one (1) percent lower than the lowest bid/quote submitted in the original solicitation, the award will be made to the lowest responsive bidder regardless of geographic location of the business.

(c) Competitive proposal. For evaluation purposes, "local Davie vendor" and "local Broward County vendor" shall be a criterion for award in any request for proposal unless specifically exempted by the Town Administrator or the Town

Council.

(d) Exceptions.

(1) No "local vendor" preference will be included in any competitive solicitation where the Town is the lead agency for the Southeast Florida Cooperative Purchasing Group.

(2) Utilization of a state or other agency contract.

(3) State or Federal law prohibits the use of local preference.

(4) The work is funded in whole or in part by a governmental entity where the laws, rules, regulations or policies prohibit the use of local preferences.

(5) Sole source or single source purchases.

(6) The "local vendor" is either non-responsive or non-responsible.

(7) All bids submitted exceed the budget amount for the project.

(8) Emergency purchases.

(9) The Town Administrator and/or the Town Council may exempt any competitive solicitation from the local vendor preference.

2.19 2.19. Florida Right to Know

Under the terms of the Florida Right-to-Know Law (Chapter 442, Florida Statutes), all suppliers of products deemed to be toxic in substance, as indicated in the State of Florida Substance List, are required to submit a Safety Data Sheet (SDS) for each substance as a condition of award by the Town.

2.20 2.20. Assignment

Seller 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 Town and Town’s approval. The Town shall have the ability to assign or transfer this agreement in the event the Town of Davie Utilities Department is acquired by another entity. The Town shall provide notice to the successful Bidder. The successful Seller 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 Town and Town’s approval.

2.21 2.21. Addenda

The Procurement Division may issue an addendum in response to any inquiry received prior to the ITQ deadline, which changes, adds to or clarifies the terms, provisions or requirements of the solicitation. The Seller should not rely on any representation, statement or explanation, whether written or verbal, other than those made in this ITQ solicitation document or in any addenda issued. Where there appears to be a conflict between this ITQ and any addenda, the last addendum issued shall prevail. It is the Seller’s responsibility to ensure receipt of all addenda and any accompanying documents. Seller shall acknowledge receipt of any formal Addenda by signing the addendum and including it with their quote.

2.22 2.22. Recommendation

The using department will make a recommendation based upon the lowest responsive and responsible Seller whose quote conforms to the ITQ and is most advantageous to the Town. If lowest fails to comply, then the second will be called upon, and so on.

The Town reserves the right to accept and award item by item, and/or by group, or in the aggregate, unless the Seller qualifies his quote by specified limitations.

One or more Sellers may be designated as approved Primary or Secondary Vendor(s) for the delivery of material and/or services from this contract through the effective period of the award. In any situation where obtaining services from the

Primary Vendor(s) is not in the best interest of the Town, or the vendor cannot deliver material and/or services within 24 hours of date required, or on an emergency basis, staff may obtain services from the Secondary Vendor(s).

Successful Seller shall be notified in writing of award. Delivery of materials and/or services shall be performed upon receipt by successful Seller of a numbered, signed purchase order.

2.23 2.23. Seller Employees

All employees of the Seller shall be considered to be at all times the sole employees of the Seller, under the Seller’s sole direction, and not employees or agents of the Town of Davie. The Seller shall supply competent and physically capable employees and the Town is authorized to require the Seller to remove any employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose presence on Town property is not in the best interest of the Town.

Each employee at all times shall have and display in plain view proper identification. The names of the employee and the company shall be displayed on the front of the employee’s shirt.

2.24 2.24. Public Records Law

Seller agrees to comply with public records laws. This includes but is not limited to:

Keep and maintain public records as required by the Florida Statutes.

Upon request from the Town Clerk, provide the Town of Davie 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 the applicable Florida

Statutes.

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

Seller does not transfer the records to the public agency.

Upon completion of the contract, transfer, at no cost to the Town all public records in possession of the Seller or keep and maintain the public records as required by the Florida Statutes.

If the Seller has questions regarding the application of Chapter 119, Florida Statutes, to the Seller’s duty to provide public records relating to this contract, contact the custodian of public records at 954-797-1000, Evelyn_Roig@Davie-FL.gov, 8800 SW 36th Street, Davie, FL 33328.

2.25 2.25. Indemnify and Hold Harmless

The Seller shall indemnify and hold harmless the Town its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney’s fees and costs of defense, which the Town 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 services by the Seller or its employees, agents, servants, partners, principals or subcontractors. The awarded Seller 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 Town, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may be incurred thereon. The Seller expressly understands and agrees that any insurance protection required by this contract or otherwise provided by the Seller shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Town or its officers, employees, agents, and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this contract.

2.26 2.26. Independent Seller

The Seller is, and shall be, in the performance of all work services and activities herein an independent Seller, and not an employee, agent or servant of the Town. All persons engaged in any of the work or services performed pursuant to this

ITQ shall at all times, and in all places, be subject to the Seller’s sole direction, supervision and control. The Seller shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the

Seller’s relationship and the relationship of its employees to the Town shall be that of an independent Seller and not as employees and agents of the Town.

The Seller does not have the power or authority to bind the Town in any promise, agreement or representation other than specifically provided for herein.

2.27 2.27. Termination

The Town may terminate this agreement if an individual or corporation or other entity attempts to meet its contractual obligation with the Town through fraud, misrepresentation or material misstatement. In addition to cancellation or termination as otherwise provided herein, the Town may at any time, in its sole discretion, with or without cause, terminate the agreement by written notice to the Seller.

2.28 2.28. Scrutinized Companies

Florida Statute § 287.135: Contractor must certify that the company is not participating in a boycott of Israel. Contractor must also certify that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized

Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum

Energy Sector List, or been engaged in business operations in Cuba or Syria. Contractor must submit the certification that is attached to this agreement. Submitting a false certification shall be deemed a material breach of contract. The Town shall provide notice, in writing, to the Contractor of the Town’s determination concerning the false certification. The

Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the Town’s determination of false certification was made in error then the Town shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Nothing herein shall be interpreted or construed to mean that the

Town waives its common law sovereign immunity or the limits on liability set forth in Section 768.28, Florida Statute.

2.29 2.29. Suspension and Debarment

(a) Authority. The Procurement Manager shall provide written notice to any party under review for potential suspension and/or debarment. The notice shall state the grounds for the potential suspension and/or debarment and shall offer the party the opportunity to respond to those grounds in writing. The Procurement Manager may also hold a meeting with the party to discuss those grounds, if the Procurement Manager determines a meeting is appropriate. After consideration of the party's written response and/or meeting with the party, the Procurement Manager may, after consultation with the

Town Attorney’s Office, suspend or debar the party from consideration for award of future Town contracts. For purposes of this Part, "party" means any individual or entity. Debarment shall not be for a period of more than five (5) years.

(b) Causes for Suspension. The Procurement Manager may suspend a party when the Procurement Manager has probable cause to debar the party. A vendor may not be suspended for longer than three (3) months unless the Town has commenced debarment proceedings against the vendor, in which case the suspension may last until the debarment proceedings are concluded.

(c) Causes for debarment or suspension. The causes for debarment or suspension include the following:

(1) Conviction for the commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a contractor;

(3) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals or contracts;

(4) Violation of contract provisions, as set forth below, of a character which is regarded by the Procurement Manager to be so serious as to justify debarment action:

A. Deliberate failure without good cause to perform in accordance with the contract documents or within the time limit provided in the contract;

B. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one (1) or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment;

C. Refusal to perform a contract after a contract is accepted by the Town and awarded to the vendor;

D. If a party made material misrepresentations in response to or related to a solicitation;

E. If a party is debarred by another governmental entity;

F. Any other cause the Procurement Manager determines to be so serious and compelling as to affect the responsibility as a contractor, including, but not limited to, debarment by another governmental entity for any cause listed in regulations;

or

G. Violation of the ethical standards set forth in section 2-330.

H. Violation of requirements in Section 2-320 – Cone of Silence.

(d) Decision. The Procurement Manager shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken.

(e) Notice of decision. A copy of the decision under subsection (d) of this section shall be mailed or otherwise furnished immediately to the debarred or suspended person and any other party intervening.

(f) Appeal to the Special Magistrate. The decision to debar is final unless, within ten (10) calendar days from the date of receipt of the decision, a Notice of Appeal is filed with the Town Attorney requesting a hearing before the Town’s Special

Magistrate. A hearing before the Town’s Special Magistrate will be scheduled within 30 days receipt of the Notice of

Appeal. After hearing the matter, the Special Magistrate shall render a decision regarding suspension or debarment and decide whether, or to the extent to which, the debarment or suspension was in accordance with this section. The decision of the Special Magistrate shall be final and conclusive.

(g) Statute of limitations. There is no statute of limitations regarding debarment. The Procurement Manager may debar parties whose contracts have ended.

2.30 2.30. E-Verify

Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security’s E-Verify

System to verify the employment eligibility of:

a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and

b) All persons (including sub-vendors/subconsultants/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S.

Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the

Town of Davie.

By entering into this Contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment

Eligibility," as amended from time to time. This 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. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a 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 this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. The Contractor shall be liable for any additional costs incurred by the Town as a result of the termination of this contract.

2.31 2.31. Background Checks

Contractor certifies and agrees that all personnel used in the performance of this work have had a criminal background check. The Town reserves the right to request copies of the criminal background check.

2.32 2.32. Lobbying

During the solicitation of any bid or proposal, any firm and its agents, officers or employees who intend to submit, or who have submitted, bids or proposals shall not lobby, either individually or collectively, any Town Council members, candidates for Town Council or any employee of the Town. Contact should only be made through regularly scheduled

Town Council meetings, or meetings scheduled through the Procurement division for purposes of obtaining additional or clarifying information. Any action, including meals, invitations, gifts or gratuities by a submitting firm, its officers, agents, or employees shall be within the purview of this prohibition and shall result in the immediate disqualification of that firm from further consideration.

During a formal solicitation process, contact with personnel of the Town of Davie other than the Procurement Manager and/or designated representative regarding any such solicitation may be grounds for elimination from the selection process.

2.33 2.33. Inspector General and Ethics

In accordance with Section 10.01 of the Broward County Code of Ordinances, the Contractor understands that this

Contract may be subject to investigation and/or audit by the Broward County Inspector General. The Contractor understands and agrees to his obligations under this ordinance. The Contractor further understands and agrees that in addition to all other remedies and consequences provided by law the failure of the Contractor or its subcontractors to fully cooperate with the Inspector General, when requested, may be deemed by the Town to be a material breach of the

Contract justifying its termination.

2.34 2.34. Renewals

Any contract may be renewed within the parameters set forth in solicitation document or negotiated terms. In the event of a term contract for goods and services that is scheduled to end because of the expiration of the contract, the Contractor shall continue the service upon the request of the Town Administrator or designee. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the Town.

2.35 2.35. Firm and Fixed Pricing

Prices shall remain firm and fixed for the term of the Contract, including any option or extension periods; however, the

Contractor may offer incentive discounts to the Town at any time during the Contract term, including any renewal or extension thereof.

2.36 2.36. Cost Adjustments

The cost for all items as quoted herein shall remain firm for the term of the contract. Costs for subsequent years and any extension term years shall be subject to an adjustment only if increases occur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 3% per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPU-U) (National) as published by the Bureau of Labor Statistics, U.S. Dept. of Labor. The yearly increase or decrease in the CPI shall be that latest index published and available ninety (90) days prior to the end of the contract year then in effect compared to the index for the same month one year prior. Any requested cost increase shall be fully documented and submitted to the Town at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the Town shall have the right to receive from the Contractor reduction in costs that reflect such cost changes in the industry. The Town may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the Town does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the Town, the contract can be cancelled without penalty by the Town upon giving thirty (30) days written notice to the Contractor.

2.37 2.37. Equitable Adjustment

The Town of Davie may, in its sole discretion, make an equitable adjustment in the Contract Terms and conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfy all the following criteria: 1) the volatility is due to causes wholly beyond the successful bidder’s control; 2) the volatility affects the marketplace or industry, not just the particular successful bidder’s source of supply; 3) the effect on pricing or availability of supply is substantial; and 4) the volatility so affects the successful bidder that continued performance of the

Contract would result in substantial loss. Any adjustment would require irrefutable evidence and written approval by the

Procurement Manager, Town Administrator or Mayor and Council depending on the contract threshold and original signature authority established by Town of Davie Code Section 2-319. The Town may elect to provide a one-time increase, an increase for a predetermined period or an increase for the remainder of the contract. In the event of any market decreases the bidder shall in good faith provide the Town with reduced pricing.

2.38 2.38. Litigation

The Town of Davie reserves the right to reject bids from bidders that are currently in litigation or that have previously been in litigation with the Town of Davie.

3. 3. SPECIAL CONDITIONS

3.1 3.1. PERFORMANCE OF SERVICES

Contractor agrees to provide product and/or to perform contracted services in a professional and workmanlike manner and in compliance with all applicable laws, ordinances, rules, regulations, and permits (as applicable). Only the highest quality product and services shall be acceptable. Services, product, equipment and workmanship not conforming to the intent of the Agreement or meeting the approval of the Town may be rejected. Replacements and/or rework, as required, shall be accomplished on a timely basis at no additional cost to the Town.

Where an "or equal" is specified, the Town shall be the sole judge in determining equality. Any deviation from these specifications and/or changes during construction (if applicable) must be approved by the Town in writing. If specifications are in contradiction, or if they contain any errors or omissions, bidders shall notify the Procurement Division by the RFI deadline stated herein, or at the pre-bid conference, to allow sufficient time to resolve all discrepancies.

3.2 3.2. REQUESTS FOR INFORMATION (RFI)

Any questions regarding the specifications shall be submitted to the project's Q&A section by the deadline stated herein.

Any oral instructions given are not binding. All questions and interpretations will be clarified in writing to all bidders by written addenda. Failure of a bidder to receive and/or acknowledge any addendum shall not release the bidder from any obligations under this bid.

3.3 3.3. BID SUBMISSION CONSIDERED AN OFFER

This bid submission shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the Town of Davie, if required, and in case of default on the part of the bidder or contractor after such acceptance, the Town of Davie may take such action as it deems appropriate including legal action for the damages or specific performance.

3.4 3.4. CONTRACTOR’S EQUIPMENT

All equipment shall be maintained in a safe operating condition while performing work under this contract. Contractor shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the Town shall direct the contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the Town of Davie. The contractor shall be responsible for injury to persons caused by the operation of the equipment.

3.5 3.5. EMPLOYEES

Contractor shall provide licensed and insured technicians to perform all work as required by Local, State, and/or Federal

Regulations. Contractor shall have “on-site” supervisor fully conversant in the safety procedures to be followed in case of injury and/or accident. All work must be performed following EPA requirements and OSHA safety standards and regulations.

Contractor shall assign an “On Duty” supervisor who speaks and reads English.

Contractor shall have its employees refrain from smoking in municipal buildings unless in those areas designated for smoking.

Contractor shall provide the Town with an emergency contact list identifying the names, positions held, phone numbers, and emails of an account manager and/or field supervisor.

Contractor’s employees are to present a professional appearance and shall be courteous, properly uniformed, and respectably conduct themselves while performing duties and while on Town property. The contractor’s employees shall be in uniform with an identifying company logo and phone ID badge clearly displayed, and shall maintain a neat and orderly appearance.

Contractor’s employees are not to be accompanied in their work areas on the premises by any other persons unless said person is an authorized contractor employee.

Contractor shall always be accompanied by a Town employee while performing duties and while on Town property.

Contractor’s employees are required to adhere to all Town safety protocols and screenings. This may include temperature checks or other Town-mandated screenings to protect the safety of all staff and residents visiting the Town. This shall not alter compliance responsibilities for any County, State, or Federal safety protocols.

Contractor shall be able to perform all services under this contract without subcontracting any portion of the work.

3.6 3.6. STORAGE OF MATERIALS

The contractor must provide for own storage of material and equipment, if needed. No on-site storage is permitted at the work area or other public areas; unless, it is pre-approved by the Town.

3.7 3.7. DISPOSAL OF WASTE

The contractor shall properly dispose, at its own cost, of any waste resulting from the work being performed in an approved facility at an approved site unless otherwise specified in this document. It is the bidder(s) responsibility to become familiar with the existing conditions of all the Town facilities that are included in this bid, to assist them determine the type of equipment necessary to successfully provide the specified services. In addition, please refer to "SOLID

WASTE CONSTRUCTION AND DEMOLITION DEBRIS COLLECTION AND DISPOSAL REQUIREMENTS FOR

BIDDING JOBS IN THE TOWN OF DAVIE" in the General Terms and Conditions.

3.8 3.8. DAMAGE TO PUBLIC OR PRIVATE PROPERTY

If property (public or private) is damaged while contractor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the contractor in a manner acceptable to the Town of Davie prior to the final acceptance of the work. Contractor will be responsible for applying and securing any permits that may be required to complete such repairs. Such property shall include but not be limited to: existing facilities and all of its components, site amenities, concrete and/or asphalt surfaces, vehicles, structures, sidewalks, curbs and gutters, driveways, utilities, etc.

Contractor must provide protection necessary to prevent damage to property being repaired or replaced.

If the work site has any pre-existing damage, the Contractor shall notify the Department Name Department in writing.

Failure to do so shall obligate the contractor to make repairs per the above section.

3.9 3.9. INSPECTIONS

The Contractor and the Town of Davie’s representative shall meet once the job is completed to discuss any areas of concern. The dates and times for reviewing work will be mutually agreed to by both parties.

3.10 3.10. COMPETENCY OF BIDDERS

Bids shall be considered only from firms that have been continuously engaged in providing products and services similar to those specified herein for a reasonable period and that are presently engaged in the provision of these services.

Contract(s) will be awarded only to responsible and responsive Bidder(s) licensed and qualified by experience to do the work specified.

The Bidder shall submit, prior to award of Contract, satisfactory evidence of his experience in like work and that bidder is fully prepared with the necessary organization, capital, and equipment to complete the Scope of Work/Specifications.

When applicable, Bidder shall be insured, licensed, and certified by all applicable local, county, and state agencies.

3.11 3.11. PROTECTION OF PROPERTY

The Contractor shall take extra precaution to protect all property while conducting services. Any damage done by the

Contractor shall be corrected to its original or better state, and shall be corrected to the satisfaction of the Project

Manager or designee.

4. 4. INSURANCE REQUIREMENTS

The Contractor shall maintain and carry in full force during the Term the insurance required herein. Upon Town’s notification, the Contractor shall furnish to the Procurement Management Division, Certificates of Insurance that indicate that insurance coverage has been obtained which meets the requirements as outlined below:

4.1 4.1. Commercial General Liability

Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 per occurrence for bodily injury and property damage, Products & Completed Operations with minimum limit of $1,000,000, Personal and

Advertising Injury with minimum limit of $1,000,000. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 8800 SW 36th Street, Davie, FL 33328, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community

Redevelopment Agency must be shown as an additional insured with respect to this coverage.