City of Parkland Page 1 ITB 2026-22 Aquatic Weed/Vegetation Control Services

CITY OF PARKLAND

INVITATION TO BID # 2026-22

AQUATIC WEED/VEGETATION CONTROL SERVICES

Public notice is hereby given that the City of Parkland has issued an Invitation to Bid for the above‐ named contract, with responses due no later than submission deadline stated below.

The City of Parkland, Florida is seeking to obtain competitive sealed bids from qualified contractors for Aquatic Weed/Vegetation Control throughout the City of Parkland. The contractor shall provide all labor, material, tools, vehicles, travel, licenses, insurances, permits and incidentals for aquatic weed control on a monthly basis in accordance with the terms, conditions, and specifications contained in this solicitation document.

All responses to this Request for Proposals MUST be submitted ELECTRONICALLY through the City of Parkland’s official e-procurement platform powered by PlanetBids. Bid responses submitted by any other means WILL NOT be accepted. All public bid openings will be conducted virtually through Microsoft Teams to promote openness, fairness and ease of participation for all vendors. Submissions received after the submission deadline are not permitted by the bidding system and will not be accepted by the City.

A copy of the complete solicitation package may be obtained from the City of Parkland’s website:

https://vendors.planetbids.com/portal/80328/portal-home.

If you are not registered as a vendor with the City’s PlanetBids site, you may do so, at no charge, which will then provide you with automatic notifications when the City posts bid request. The bid request is also advertised through DemandStar, however proposals must be submitted through the City’s website.

RESPONSES ARE DUE BY 10/15/2026, 2:00 PM (E.S.T.)

Purchasing Department

On behalf of the Public Works Department

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Contents

ANTICIPATED SCHEDULE OF EVENTS

SECTION 1-INTRODUCTION AND INFORMATION

SECTION 2-GENERAL TERMS AND CONDITIONS

SECTION 3-QUALIFICATIONS OF VENDOR AND CONSIDERATION OF AWARD

SECTION 4-SPECIAL CONDITIONS

SECTION 5-SCOPE OF WORK

ANTICIPATED SCHEDULE OF EVENTS

The tentative schedule of events, relative to this solicitation shall be as follows:

Event Date (on or by)

Advertisement of Solicitation 9/22/2026

Last day for questions/clarification 10/1/2026 by 5:00 PM E.S.T.

Last day for addenda to be posted 10/8/2026

Submission deadline 10/15/2026 at 2:00 PM E.S.T.

Recommendation for Award TBD

Note: All dates and times above are subject to change at the City’s discretion.

☐ PRE-SUBMITTAL CONFERENCE (applicable if box checked):

A pre‐submittal conference shall be held on ______________. E.S.T. at City of Parkland City Hall, 6600 University Drive, Parkland, FL 33067. Attendance at the pre-submittal conference is optional. The City will not be held responsible for an incorrect price bid due to Bidder’s misunderstanding of requirements, measurements, or services required. This information session presents an opportunity for the Bidders to ask questions regarding the solicitation requirements and clarify any information about the scope of work.

Please note that the meeting link provided below will be the same for all virtual meetings held under this solicitation.

VIRTUAL MEETING INFORMATION:

Microsoft Teams Need help?

https://teams.microsoft.com/meet/237415739497695?p=YFC8RGbJ8ApFu7drja Meeting ID: 237 415 739 497 695 Passcode: ye6Tm9eG

Need help? | System reference Dial in by phone +1 872-256-1326,,236816612# United States, Chicago Find a local number Phone conference ID: 236 816 612# https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/meet/237415739497695?p=YFC8RGbJ8ApFu7drja https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTA2M2ZmODctNzJmYy00ZDQ4LTkyMWYtYWQ1NGIyYTE5MjUz%40thread.v2/0?context=%7b%22Tid%22%3a%22443c8f05-0f40-49b0-af67-00d07dbb3b32%22%2c%22Oid%22%3a%22098c622a-c6d2-4085-8298-fc19116691e2%22%7d tel:+18722561326,,236816612 https://dialin.teams.cloud.microsoft/b6eb6d2c-fb3a-4579-b465-928913dc8e3a?id=236816612

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SECTION 1-INTRODUCTION AND INFORMATION

1.1 PURPOSE

The City of Parkland, Florida is seeking to obtain bids from qualified contractors for Aquatic

Weed/Vegetation Control throughout the City of Parkland. The contractor shall provide all labor, material, tools, vehicles, travel, licenses, insurances, permits and incidentals for aquatic weed control on a monthly basis in accordance with the terms, conditions, and specifications contained in this solicitation document.

1.2 INFORMATION/CLARIFICATION

Questions related to the solicitation shall be submitted to the Purchasing representative through the on-line Bidding system only by selecting the Q&A Tab, then click on the “Ask Question” button for this specific opportunity. Changes, if any, to the technical specifications or proposal procedures will only be transmitted by a written addendum which will be posted and must be acknowledged by Vendor.

1.3 PLANET BIDS E-PROCUREMENT INSTRUCTIONS

1.3.1 All Proposers shall have a Bidding System Vendor account and register as a vendor/contractor for this solicitation opportunity, which will enable the Proposer to download the solicitation documents, to receive addenda email notifications, and download all related solicitation documents without the watermark “preview” on them.

1.3.2 Proposers are solely responsible for creating a Bidding System Vendor account and registering as a Vendor/Contractor for the RFP opportunity to enable receipt of the latest information and updates from the City via email regarding this solicitation.

1.3.3 ONLY ELECTRONIC SUBMISSIONS shall be received by the Bidding System. Hardcopy submissions are not permitted and will not be accepted by the City.

1.3.4 Proposer are cautioned that the timing of their Proposal Submission is based on when the

Proposal is RECEIVED by the Bidding System, not when a Proposal is submitted, as Proposal transmission can be delayed due to file transfer size, transmission speed, etc.

Therefore, it is recommended that Proposals provide for enough time to complete your Proposal Submission and to resolve any issues that may arise prior to the submission deadline. The submission deadline shall be determined by the Bidding System's web clock.

If you encounter a problem, you can select “Help Center” found at the top right corner of the Vendor Portal. Proposers will find FAQ’s, online Ticket Support or contact PlanetBids support at 818.992.1771, Monday-Friday, between 5am and 5PM PST.

1.3.5 The bidding system will send a confirmation email to the Proposer advising that their proposal was submitted successfully. If you submit a proposal and do not receive a confirmation email, contact PlanetBids support at support@planetbids.com.

1.3.6 Late Proposals are not permitted by the bidding system and will not be accepted by the

City.

mailto:support@planetbids.com

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1.3.7 Proposers may edit or withdraw their Proposal Submission prior to the closing time and date. However, the Proposer is solely responsible to ensure the resubmitted proposal is received by the Bidding System no later than the stated closing time and date.

1.3.8 All Bidders shall have a Bidding System Vendor account and register as a vendor/contractor for this solicitation opportunity, which will enable the Bidder to download the solicitation documents, to receive addenda email notifications, and download all related solicitation documents without the watermark on them.

1.3.9 Bidders are solely responsible for creating a Bidding System Vendor account and registering as a Vendor/Contractor for the solicitation opportunity to enable receipt of the latest information and updates from the City via email regarding this solicitation.

1.3.10 ONLY ELECTRONIC SUBMISSIONS shall be received by the Bidding System. Hardcopy submissions are not permitted and will not be accepted by the City.

1.3.11 Bidders are cautioned that the timing of their Proposal Submission is based on when the

Proposal is RECEIVED by the Bidding System, not when a Proposal is submitted, as Proposal transmission can be delayed due to file transfer size, transmission speed, etc.

Therefore, it is recommended that Bidders provide for enough time to complete your Proposal Submission and to resolve any issues that may arise prior to the submission deadline. The submission deadline shall be determined by the Bidding System's web clock.

1.4 SUBMISSION AND RECEIPT OF PROPOSALS

In order to be considered, proposals shall be submitted in accordance with this competitive solicitation. Separate proposals must be submitted for each competitive solicitation issued by the City as separate sealed electronic submittals through the Bidding System. Bidders shall use the forms provided by the City.

1.4.1 The uploaded document(s) must be signed by the authorized representative of the

Proposer that has the authority to bind the Proposer.

1.4.1.1 Submissions by corporations must be executed in the corporate name by the

President or other corporate officer accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature.

1.4.1.2 Submissions by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signatures.

1.4.2 All submissions received from Bidders in response to the competitive solicitation will become the property of the City of Parkland. In the event of Contract award, all

City of Parkland Page 5 documentation produced as part of the Contract shall become the exclusive property of the City.

In order to be considered, Bidders are solely responsible for making certain that their submission is received by the City by the submittal deadline. No oral, telegraphic, electronic, facsimile, or telephonic submissions or modifications will be considered unless otherwise specified herein or in a written addendum issued by the City. It is the responsibility of the Proposer to see that any proposal submitted shall have enough time to be received by the City before the Submission Deadline. The Proposer shall be responsible for ensuring that the required solicitation documents are properly uploaded and accepted by the online procurement site.

1.5 INTERPRETATIONS AND ADDENDA

1.5.1 All Bidders shall carefully examine the solicitation documents. Any ambiguities or inconsistencies shall be brought to the attention of the City in writing prior to the Submittal deadline. Any questions concerning the intent, meaning, or interpretation of the solicitation documents shall be submitted through the Bidding system prior to date and time specified herein for questions in order to be given consideration. No person is authorized to give oral interpretations of, or make oral changes to, the solicitation documents. Therefore, oral statements will not be binding and should not be relied upon.

Changes or interpretations may only be made by a written document issued by the City in the form of an addendum issued prior to the established addendum deadline. Bidders shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addendum and any applicable attachment(s).

It is the responsibility of the Proposer to receive, acknowledge, and review all addenda that are issued. Bidders should check online at:

https://vendors.planetbids.com/portal/80328/portal-home prior to submitting their proposal and up until d date in the event additional addenda are issued.

If a Proposer submits their proposal prior to the submission deadline and addenda are issued thereafter, the Bidding System shall WITHDRAW the submission and the submission status will change to an INCOMPLETE STATUS and Withdraw the Proposal. The Proposer can view this status change in the “MY BIDS” section of the Bidding System.

The Proposer is solely responsible for:

• making any required adjustments to their submission based on any addenda issued; and

• acknowledging the addenda; and

• Ensuring the re-submitted proposal is RECEIVED by the Bidding System no later than the stated submission deadline.

https://vendors.planetbids.com/portal/80328/portal-home

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1.5.2 All addenda are a part of the contract documents and each Proposer will be bound by such addenda whether received by the Proposer, or not. It is the responsibility of each Proposer to verify that they have received all addenda issued prior to the submittal deadline. No verbal interpretations may be relied upon.

1.5.3 Any claim that the solicitation documents and the requirements and procedures set forth herein violate any applicable law or regulation or the right of any Proposer shall be made in writing and submitted to the City through the Bidding System at least ten (10) calendar days prior to the submittal deadline or said claim shall be deemed to be waived. The claim shall state the specific section or provision that Proposer claims is in violation and detail the alleged violation with specificity.

1.6 CONE OF SILENCE

To ensure fair consideration for all Proposers, CITY prohibits communication to or with any department, officer or employee during the submission process except as provided in Paragraph

1.2 above. Proposer and consultants are not permitted to lobby any City personnel, City Commission Member, or member of the Committee related to, or involved with, any procurement between the time the notice of intent to procure services is issued and the recommendation for award is acted upon by the City Commission. All oral and written inquires must be directed to the individual identified in the procurement documents. Any Proposer or any individual that lobbies on behalf of a Proposer during the time specified above will result in rejection/disqualification of said proposal.

1.7 INSURANCE

1.7.1 The successful vendor shall not commence operations; construction and/or installation of improvements pursuant to the terms of this solicitation and the Contract, until certification or proof of compliance with the insurance requirements set forth herein, have been received and approved by the Purchasing Agent (See Section 4.7). Any questions as to the intent of meaning of any part of the insurance requirements set out in the attached contract should be directed to the Purchasing Agent.

1.7.2 AT THE TIME OF EXECUTION OF THE CONTRACT, THE SUCCESSFUL PROPOSER SHALL

SUBMIT ADDITIONAL CERTIFICATE(S) OF INSURANCE EVIDENCING THE REQUIRED

COVERAGES AND SPECIFICALLY PROVIDING THAT THE CITY OF PARKLAND IS AN

ADDITIONAL NAMED INSURED WITH RESPECT TO THE REQUIRED COVERAGE AND THE

OPERATIONS OF THE SUCCESSFUL PROPOSER UNDER THE CONTRACT. Insurance Companies selected must be acceptable the CITY. All the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to CITY by certified mail. Such notice shall constitute a default by the Successful Proposer.

END OF SECTION 1

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SECTION 2-GENERAL TERMS AND CONDITIONS

These general terms and conditions apply to all offers made to the City of Parkland by all prospective firms responding to City solicitations, including but not limited to Invitation for Bids, Request for Quotations and Request for Proposals. As such, the words “quotation”, “bid” and “submission”, and “proposal” may be used interchangeable in reference to all offers submitted. Any terms and conditions within the Special Terms and Conditions or Sample Agreement for this competitive solicitation shall control in the event of variance or conflict with these General Terms and Conditions.

2.1 ACCEPTANCE / REJECTION

City reserves the right to accept or to reject any or all proposals and make the award to that proposer, who in the opinion of the City, will be in the best interest of and/or the most advantageous to the City. City also reserves the right to reject the proposal of any proposer who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award, as determined by the City. City reserves the right to waive any irregularities and technicalities and may, at is discretion, reject all proposals and request a re-solicitation.

2.2 ADDITIONAL PROVISIONS

2.2.1 Correction on Proposals.

a) Mathematical errors - Errors in extension of unit prices or mathematical calculations may be corrected by the Purchasing Agent or designee prior to award. The unit prices shall not be changed.

b) A Proposer shall be permitted to correct clerical, non-judgmental mistakes of fact in their Proposal by Purchasing Director through a written directive.

c) Voluntary reduction of price—The City may accept a voluntary reduction from a low Proposer after Proposal opening, if such reduction is not conditioned on, nor results in, the modification or deletion of any condition contained in the invitation for bids.

A voluntary reduction may NOT be used to ascertain the lowest responsive Proposer.

2.2.2 Cancellation of bids.

a) Any time prior to bid or proposal opening date and time, the City may cancel or postpone the bid or proposal opening or cancel the competitive solicitation in its entirety.

b) After bids are open, any or all bids may be rejected by the City.

2.2.3 Withdrawal of bids.

a) Any Proposer may voluntarily withdraw or amend their bid at any time prior to the bid opening.

b) After bid opening, vendors shall not be allowed to withdraw a bid in less than ninety

(90) days, or a specific time period stated in the invitation to bid with the following exception—The bid is so outrageous as to be a prima facie evidence of a bid mistake, but a mistake that cannot be corrected by correction of mathematical computation.

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2.3 ALTERNATIVES/APPROVED EQUAL/DEVIATIONS

2.3.1 Manufacturer’s name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired and are not intended to restrict competition unless otherwise specified in the solicitation. The Proposer may offer any brand that meets or exceeds the specifications for any item(s) unless the specification specifically requires the use of a certain brand or model to provide for compatibility with existing items already in place at the City.

2.3.2 Requests for approval for substitutes shall be submitted on the form provided, shall include all supporting documentation, and shall be submitted to the purchasing agent listed in this solicitation document prior to the stated question deadline date. The Proposer must indicate on the alternate form the proposed equivalent product’s manufacturer name and model/catalog number, and shall submit complete descriptive literature and/or specifications with the form for any proposed equivalent product. The burden of proof for specification compliance is solely on the Proposer. The City reserves the right to be the sole judge of what is equal and acceptable.

2.4 AS SPECIFIED

A Contract will be issued to the successful Proposer with the understanding that all services rendered must meet the specifications herein.

2.5 ASSIGNMENT OF CONTRACT

The successful proposer shall not transfer or assign the performance required by the Contract documents without the prior written consent of the City. Any award issued pursuant to this solicitation and monies that may become due hereunder are not assignable except with prior written approval of the City. No such approval will be construed as making the City a part of or party to such assignment or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Successful proposer of its liability and obligation under the awarded contract. Notwithstanding any assignment that was not approved in writing by the City, the City shall deal through the successful proposer only. However, if the successful proposer is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner who can legally bind the company, stating that they will continue to perform the requirements of the contract in compliance with all the terms, conditions, and specifications so stated in the subject contract.

2.6 AUDIT RIGHTS

The City reserves the right to audit the records of the Successful Proposer at any time during the performance and term of the awarded contract and for a period of three (3) years after completion and acceptance by the City. If required by the City, the Successful Proposer agrees to submit to an audit by an independent certified public accountant selected by the City. The Successful Proposer shall allow the City to inspect, examine and review the records of the Successful Proposer at any and all times during normal business hours during the term of the Contract.

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2.7 AVAILABILITY OF FUNDS / BUDGETARY CONTRAINTS

The obligation of the City for payment to a successful proposer is limited to the availability of funds appropriated in the current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law.

2.8 AWARD OF CONTRACT

A sample Contract is made a part of this competitive solicitation. The final Contract shall include any additional terms and conditions as approved by the City Manager and approved as to form and legal sufficiency by the City Attorney.

2.9 BACKGROUND CHECKS

2.9.1 Pursuant to City Code Sec. 2-142.5. – Criminal Background Checks, for any contracts which require a contractor, subcontractor, consultant or subconsultant to perform work in or on City property where the contractor or any subcontractors or employees will perform work or services in close proximity to facilities with minors, the elderly or persons with special needs or where the services are of a nature which would reasonable warrant background checks, the contractor, subcontractor, consultant or sub-consultant who is doing the work in or on City property shall be required to undergo a criminal background check, at the contractor’s expense.

2.9.2 All criminal background checks must be conducted prior to any covered individual’s initial access to City’s property and, depending on the contract’s term, on an annual basis thereafter. The contractor or consultant shall be required to submit an affidavit on the form included in the RFP, certifying that background checks have been completed for all employees as set forth in Section 2-142.5 of the City Code and certify that no employee who has been convicted or who has entered a plea of nolo contendere for any crime set forth within subsection (4) of the code shall perform work on City property as referenced above.

2.10 CHANGE ORDERS

2.10.1 The City Manager or designee is authorized to approve, and initiate change orders determined in the judgment of the City Manager or designee to be in the public interest as follows:

a) All change orders decreasing the cost of the contract to the City; provided, however, such decrease does not materially alter the character of the work contemplated by the contract.

b) All change orders increasing the cost of the contract to the City, up to the threshold as defined in section 2-142.13, provided that sufficient budgeted funds are available.

c) All change orders increasing the cost of any contract, up to five (5) percent of the original contract amount, provided that sufficient budgeted funds are available.

d) All other change orders must be accompanied with a cost estimate covering the proposed goods and/or services and must be formally approved by the City Commission before work may be authorized to begin. No claim against the City for

City of Parkland Page 10 extra work in furtherance of such change order shall be allowed unless prior written authorization has been provided by the City, notwithstanding any other provision, contractual or otherwise.

e) Change orders shall not artificially be distributed or divided so as to bring the amount within the approval level of the City Manager. Proposed change orders shall include all logically connected work required to be done at the time of the change order proposal.

f) Work defined by the scope of a change order may not be commenced until obtaining final approval of the change order, except where such work is of an emergency nature as provided in Section 2-142.6 of the City Code.

2.10.2 All Change Orders shall include a maximum Overhead and Profit, not to exceed five percent (5%) and five percent (5%), respectively.

2.10.3 Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Successful Proposer shall not start work pursuant to a change order until the change order setting forth the adjustment(s) is approved by the City, and executed by the City and Successful Proposer.

Once the change order is so approved, the Successful Proposer shall promptly proceed with the work.

2.10.4 The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Successful Proposer for performing the work.

All duties, responsibilities and obligations assigned to or undertaken by the Successful Proposer shall be at Contractor’s expense without change in the Contract price or Time except as approved in writing by the City.

2.10.5 The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the City allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant’s written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph.

2.10.6 The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of Contract Time.

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2.10.7 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party no later than fifteen (15) days after to occurrence of the vent giving rise to the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Successful Proposer hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Successful Proposer has given the notice and the supporting data required by this paragraph.

2.10.8 Extension of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Successful Proposer can clearly demonstrate that such delays did or will, in fact, delay the progress of the work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used.

2.10.9 In the event satisfactory adjustment cannot be reached by City and Successful Proposer for any item requiring a change in the contract, and a change order has not been issued, City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements a s City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in contract price shall be determined by mutual acceptance of a Guaranteed Maximum Price by the City and Successful Proposer. If notice of any change in the contract tor contract time is required to be given to a surety by the provision of the bond, the giving of such notice shall be the Successful Proposer’s responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Successful Proposer shall furnish proof of such adjustment to the City. Failure of the Successful Proposer to obtain such approval from the Surety may be a basis for termination of this Contract by the City.

2.11 CITY CONTRACT MANAGER

The City of Parkland shall designate a Contract Manager who shall act on behalf of the City with respect to monitoring contractor performance under the awarded contract.

The administration of the awarded contract is vested in the Contract Manager. The Contract

Manager shall have complete authority to require the successful proposer to comply with all provisions of the awarded Contract. However, the provisions of the awarded contract shall not be altered, waived or revoked by the Contract Manager.

The Contract Manager’s principal duties shall include:

a) Liaison with the successful proposer.

b) Coordinate and approve all work under the contract.

c) Resolve any disputes.

d) Assure consistency and quality of successful proposer’s performance.

e) Schedule and conduct Contractor performance evaluations and document findings.

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f) Review and approve for payment all invoices for work performed or items delivered.

2.12 CODE OF ETHICS

Any contractor or subcontractor that is found to have violated the ethical standards set forth in Section 2-141.3 of the City Code or any other applicable ethical standard pursuant to state or federal law may be subject to punishment, including contract suspension or termination, and the reporting of any contractor found to have violated these ethical standards to the appropriate disciplinary agency. The City shall not execute a contract, and reserves the right to terminate a contract already in place, if it is discovered that there has been a violation of Section 2-141.3 of the City Code, any ethics provision of a procurement solicitation, or any local, state, or federal law, including, but not limited to:

a) Conflicts of interest

b) Kickbacks

c) Solicitation of procurement by payment of a gratuity or offer of employment.

d) Acceptance of gratuity or offer of employment resulting from solicitation of procurement.

e) Violations of the cone of silence.

f) Any other improper or unlawful attempt to influence the outcome of procurement.

2.13 COMPETENCY OF BIDDERS / QUALIFICATIONS STATEMENT

Proposals will be considered only from firms that are regularly engaged in the business of providing services as described in the solicitation documents and who can provide evidence that they have established a satisfactory record of performance and sufficient personnel, equipment and organization to ensure satisfactory execution of the services under the terms and conditions herein stated. The term “equipment and organization” as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the City.

Each Proposer shall complete the Qualifications Statement with their proposal. Failure to submit the Qualifications Statement and the documents required there under with the Proposal may constitute grounds for rejection of the Proposal.

The City of Parkland reserves the right to make a pre-award inspection of the Proposer’s facilities and equipment prior to award of the Contract.

2.14 COMPLIANCE WITH LAWS:

Notice is hereby given that the successful Proposer, its officers, agents, employees and contractors must be familiar with all Federal, State and Local laws, ordinances, rules, codes and regulations and site conditions that may affect the work and the relation and effect of these laws and regulations on the site and the project. Ignorance on the part of the Proposer will in no way relieve him from the responsibility of compliance herewith. It shall be the duty of the successful Proposer to thoroughly investigate all aspects and requirements of the site, project and specifications prior to submitting a proposal. Submission of a proposal shall constitute a statement that the proposer has fully conducted all necessary inspections, reviews, and investigations.

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It is agreed and understood that if the City calls to the attention of successful proposer any such violations on the part of the successful proposer, its officers, agents, employees, contractors, then successful proposer shall immediately desist from and correct such violation. If successful proposer is in violation of any law, successful proposer shall be solely responsible for coming into compliance with such law and shall be solely responsible for the payment of any fine charged for such violation.

2.14.1 The successful proposer and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements. The successful proposer shall include this provision in all subcontracts issued as a result of this Agreement.

2.14.2 No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of;

or be otherwise subjected to discrimination in performance of this Agreement.

2.14.3 This RFP and the awarded contract shall be governed by and construed in accordance with the laws of the State of Florida.

2.14.4 Any dispute concerning performance of the awarded contract shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State of Florida, and venue will be in the Eleventh Judicial Circuit, in and for Broward County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement.

2.15 CONDITIONS OF MATERIALS

All materials and products supplied by the successful proposer in conjunction with this solicitation shall be new, warranted for their merchantability, fit for a purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. If any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the successful proposer at no cost to the City. Successful proposer shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period that may be specified below shall commence upon final acceptance of the product.

2.16 CONE OF SILENCE

A Cone of Silence shall apply as follows:

2.16.1 A Cone of Silence shall be in effect during a Competitive Solicitation beginning upon the advertisement for requests for proposals, requests for qualifications and competitive bids

City of Parkland Page 14 or during such other procurement activities as declared by the City Commission. The Cone of Silence shall terminate at the time the City Commission takes final action or gives final approval of a contract, rejects all bids or responses to the Competitive Solicitation, or takes other action, which ends the Competitive Solicitation.

2.16.2 Any person or entity that seeks a contract, contract amendment, award, recommendation, or approval related to a Competitive Solicitation or that is subject to being evaluated or having its response evaluated in connection with a Competitive Solicitation, including a person or entity’s representative shall not have any communication with any City Commissioner, the City Manager and their respective support staff or any person or group of persons appointed or designated by the City Commission or the City Manager to evaluate, select, or make a recommendation to the City Commission or the City Manager regarding a Competitive Solicitation.

2.16.3 The Cone of Silence shall not apply to written or oral communications with legal counsel for the City or the Purchasing Agent for the City.

2.16.4 Any action in violation of this section shall be cause for disqualification of the bid or the proposal. The determination of a violation shall be made by the City Commission.

2.17 CONFLICT OF INTEREST

2.17.1 The Proposer covenants that they presently have no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with the performance of the services hereunder. The Proposer further covenants that no person having any such known interest shall be employed or conveyed an interest, directly or indirectly, in the contract.

2.17.2 No contract will be awarded to a Proposer who has City elected officials, officers, or employees affiliated with it, unless the Proposer has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Proposer and removal of the Proposer from the City’s Proposer’s list, and Proposer’s prohibition from engaging in any business with the City.

2.18 CONTRACT EXPIRATION

In the event services are scheduled to end because of the expiration of this contract, the successful proposer shall continue the service upon the request of the City. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The successful proposer shall be compensated for the service at the rate in effect when this extension clause is invoked by the City.

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2.19 DAMAGE TO PUBLIC OR PRIVATE PROPERTY

2.19.1 The successful proposer shall at all times use all means necessary to protect property.

Damage to public and/or private property shall be the responsibility of the successful proposer and shall be repaired and/or replaced at no additional cost to the City.

2.19.2 If property (public or private) is damaged while Successful Proposer is performing work specified or while being removed for the convenience of the work, it shall be repaired or replaced at the expense of the Successful Proposer in a manner acceptable to the City of Parkland prior to the final acceptance of the work. Successful Proposer 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.

2.19.3 Successful Proposer must provide protection necessary to prevent damage to property being repaired or replaced. The successful proposer shall be responsible for the protection of property, in the areas in the vicinity of the project; and for the protection of his own equipment, supplies, materials and work, against any damage resulting from the elements (such as flooding, rainstorms, wind damage, or other acts of God) or vandalism.

2.19.4 If the work site has any pre-existing damage, the Successful Proposer shall notify the

Contract Administrator in writing. Failure to do so shall obligate the Successful Proposer to make repairs per the above section.

2.20 DEFAULT

In the event the Successful Proposer defaults in any of the terms, obligations, restrictions or conditions in the Contract Documents, the City shall give the Successful Proposer written notice by registered, certified mail or hand delivery to Successful Proposer’s office of the default and that such default shall be corrected, or actions taken to correct such default shall be commenced within ten (10) calendar days thereof. In the event the Successful Proposer has failed to correct the condition(s) of the default or the default is not remedied to the satisfaction and approval of the City, the City shall have all legal remedies available to it, including, but not limited to termination of the Contact in which case the Successful Proposer shall be liable for all procurement and re-procurement costs and any and all damages permitted by law arising from the default and breach of the Contract.

2.21 DELETION OR MODIFICATION OF SERVICES

The City reserves the right to add or delete any portion of the awarded contract at any time without cause, and if such right is exercised by the City, the total fee shall be increased or reduced in the same ratio as the estimated cost of the work based on the unit prices set forth on the Bid Proposal page.

2.22 DISQUALIFICATION OF BIDDERS

Bidders may be disqualified for any of the following reasons:

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a) Interest by the same person in more than one proposal.

b) Collusion among or between Bidders.

c) Unbalanced proposals; that is, proposals in which the prices for the same items or services are out of all proportions to those prices from others.

d) Lack of responsibility on the part of Bidders (for example, but without limitation, no proposer would be considered responsible who has failed to carry out any contract in which the City has been directly or indirectly concerned.)

e) Lack of experience or capital, on the part of Bidders. Evidence of experience, ability, and financial standing, as well as a statement regarding plant and machinery available be required of any or all Bidders. Failure of the successful proposer to possess an occupational license which will allow the successful proposer to obtain the required permits or have the ability to obtain a City of Parkland occupational license within 14 calendar days to perform the work specified.

f) Submission of a non-responsive proposal.

2.23 DRUG FREE WORKPLACE (DFW)

In accordance with Florida Statute 287.087, whenever two (2) or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process.

2.24 EMPLOYMENT VERIFICATION (E-VERIFY)

The successful Proposer shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of the contract. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty calendar days after the date of termination. If this contract is terminated for a violation of the statute by the successful proposer, the successful proposer may not be awarded a public contract for a period of one (1) year after the date of termination. All cost(s) incurred to initiate and sustain the aforementioned program shall be the responsibility of the successful proposer. Failure to meet this requirement may result in termination of the Agreement by the City.

2.25 EQUITABLE ADJUSTMENT

The CITY 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 Director of Purchasing Services.

2.26 FORCE MAJEURE

If either party is prevented from performing its obligations hereunder as a result of government regulations, fires, strikes or other causes beyond the control of such party, the obligation to so

City of Parkland Page 17 perform shall be suspended for a reasonable time during which such condition continues to exist.

If an actual or potential labor dispute delays or threatens to delay successful proposer’s timely performance, successful proposer shall immediately notify the City in writing.

2.27 INDEMNIFICATION/HOLD HARMLESS

2.27.1 Successful Proposer shall at all times hereafter indemnify, hold harmless and, at the City

Attorney’s option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by intentional or negligent act of, or omission of, Successful Proposer, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of the awarded contract including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Successful Proposer shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City’s option, pay for an attorney selected by City Attorney to defend City. The provisions and obligations of this section shall survive the expiration or earlier termination of this contract. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due to Successful proposer under the awarded Contract may be retained by City until all of City's claims for indemnification pursuant to the awarded Contract have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City.

Nothing in this competitive solicitation or agreement shall be deemed a waiver or limitation of any sovereign immunity provided by law or any limitation of the City’s liability in any statute or as otherwise provided by law.

2.27.2 To ensure the indemnification obligation contained above, Successful Proposer shall, at a minimum, provide, pay for, and maintain in force at all times during the term of the awarded Contract (unless otherwise provided), the insurance coverages set forth in section 4.3. Each insurance policy shall clearly identify the foregoing indemnification as insured.

2.27.3 PATENT AND COPYRIGHT INDEMNIFICATION: Successful Proposer agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees, from all claims, damages, losses, liabilities and expenses arising out of any alleged infringement of copyrights, patent rights and/or the unauthorized or unlicensed use of any material, property or other work in connection with the performance of the awarded contract. This provision shall survive the termination of this contract.

2.27.4 Successful Proposer shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnification’s including, but not

City of Parkland Page 18 limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. This provision shall survive the termination of this contract.

2.27.5 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Successful Proposer under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City’s rights and immunities under the common law or Florida Statute 768.28 as amended from time to time.

2.28 INDEPENDENT CONTRACTOR

The Proposer represents itself to be an independent firm offering such services to the general public and shall not represent itself or its employees to be employees of the City of Parkland.

Therefore, the Proposer shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, worker’s compensation, employee insurance, minimum wage requirements, overtime, and other expenses, and agrees to indemnify, save, and hold the City of Parkland, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney fees); and damage of any kind related to such matters.

2.29 LEGAL REQUIREMENTS:

2.29.1 Applicable provisions of all federal, state, and county laws, and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all proposals received in response hereto and shall govern any and all claims and disputes that may arise between person(s) participating in this procurement and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise.

Lack of knowledge by any Proposer shall not constitute a cognizable defense…