R25-085 1 RESOLUTION NO. R25-085
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH BLUE
5 IGUANA PEST CONTROL, INC. DBA IGUANA CONTROL FOR REMOVAL
6 OF IGUANAS AND OTHER NUISANCE REPTILES FROM CITY
7 PROPERTIES, FOR AN AMOUNT NOT TO EXCEED $80,080.00
8 ANNUALLY; AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS, the City requires the removal of iguanas and other exotic/nuisance reptiles
1 l from City parks and other City properties; and
12 WHEREAS, the Town of Palm Beach issued a "Request for Bids" (RFB No. 04-2023) for
13 Iguana Extermination Contracts and entered into an agreement with Blue Iguana Pest Control, Inc.
14 d/b/a Iguana Control ("Vendor") for nuisance reptile removal and extermination; and
15 WHEREAS, the requested Piggyback Agreement with the Vendor is necessary to the
1(, functions of the City; and
17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
18 best interests of the City's citizens and residents to approve the Piggyback Agreement with the
19 Vendor to provide the City with nuisance reptile removal and extermination services, with an
20 annual amount not to exceed $80,080.00.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
22 BEACH, FLORIDA, THAT:
23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption.
25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
26 approve the Piggyback Agreement between Vendor and the City for the removal of iguanas and
27 other nuisance reptiles, with an annual amount not to exceed $80,080.00 (the "Agreement"), in
28 form and substance similar to that attached as Exhibit A.
29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
30 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to
31 execute any ancillary documents required under the Agreement or necessary to accomplish the
32 purposes of this Resolution.
33 SECTION 4. The City Clerk shall retain the fully executed Piggyback Agreement as a
34 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to
35 Taralyn Pratt for forwarding to the Vendor.
36 SECTION 5. This Resolution shall take effect in accordance with law.
37
38 PASSED AND ADOPTED this 11- day of Pci 1r>> 2025.
39
40 CITY OF BOYNTON BEACH, FLORIDA
41 YES- NO
42 Mayor- Rebecca Shelton ✓✓
43 ✓
44 Vice Mayor-Woodrow L. Hay
45
46 Commissioner-Angela Cruz ir-a,\ Cdn0- N.1*-'
47
48 Commissioner-Thomas Turkin V
49 ✓
50 Commissioner-Aimee Kelley
51 !�
52 VOTE 11-0
53 TT:
54 55 Tqi-A
56 Mayle- i- esus, MP MMC Rebecca Shelton
57 City Cler Mayor
58
59 ;=�g0YNT0�` t APPROVED AS TO FORM:
60 (Corporate Seal) ;�:6°3 r'll %6F`;.4
61 s SEAL .yamY: )L6
62 $ :INCORPORATED; i
63 '# •
•� 1920 % Shawna G. Lamb
64 \ F��R�OP City Attorney
PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND BLUE IGUANA PEST CONTROL, INC. DBA IGUANA
CONTROL
This Piggyback Agreement is made as of this _ day of , 2025, by and
between Blue Iguana Pest Control, Inc. dba Iguana Control, a Florida corporation, with a principal
address of 1440 Coral Ridge Drive, Suite 460, Coral Springs, FL 33071 hereinafter referred to as
"Vendor," and the City of Boynton Beach, a municipal corporation organized and existing under
the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida
33435, hereinafter referred to as "City."
RECITALS
WHEREAS, on August 28, 2023, the Town of Palm Beach issued a "Request for Bids"
(RFB), for Iguana Extermination Contractors for which they received five (5) responses; and
WHEREAS, the Town of Palm Beach found Blue Iguana Pest Control, Inc. dba Iguana
Control("Vendor")to be a responsive, responsible bidder and awarded it a one-year(1)agreement
commencing December 8,2022,with four(4)one-year renewal options,terminating September 30,
2027, RFB No. 04-2023 ("Master Agreement"); and
WHEREAS,the City's Purchasing Policy Section X—Alternatives to Formal Sealed Bids,
provides authority for the City to acquire or contract for services without utilizing a sealed
competitive method or the written quotations methods where the desired services are the subject of
an agreement that utilizes another government entity's contract, provided that the contract was
awarded based strictly on competitive bidding; and
WHEREAS, in order to ensure the removal of iguanas and other exotic/nuisance reptiles,
the City is requesting to enter into a Piggyback Agreement with the Vendor to provide reptile control
services for all City property locations; and
WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master
Agreement,Bid Tabulation,and Scope of Work, a copy of which is attached as Composite Exhibit
"A."
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
Piggyback Contract—BLUE IGUANA PEST CONTROL,INC.DBA IGUANA CONTROL 1
AGREEMENT
1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement.
2. TERM: The term of this Agreement commences on full execution by the parties and will
remain in effect until September 30, 2025. The Mayor is authorized to execute any renewal
amendments. The initial term and any subsequent renewals of this Agreement are subject to
the renewal or extension of the Master Agreement. If the Master Agreement expires or is
terminated during the Term, this Agreement shall terminate no later than six months after
such expiration or termination of the Master Agreement.
3. CONTRACT TERMS: The Vendor shall complete the Services on the same terms and in
the same manner as set forth in the Master Agreement,Bid Tabulation, and Scope of Work,
except as otherwise provided herein. All recitals,representations,and warranties of Vendor
made by Vendor in the Master Agreement, Bid Tabulation, and Scope of Work are restated
as if set forth fully herein, made for the benefit of the City, and incorporated herein, except
that all references to the "Town of Palm Beach" or "Town" are hereby replaced with the
"City of Boynton Beach." The City shall compensate the Vendor pursuant to the rates set
forth in the Master Agreement for the Services in an amount not to exceed $80,080.00 per
year.
4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt
requested, or customarily used overnight transmission with proof of delivery, sent to:
City: Daniel Dugger, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/Facsimile: (561) 742-6090
Copy: Shawna G. Lamb, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/Facsimile: (561) 742-6090
5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be
mailed to:
Boynton Beach Finance Department
Attn: Accounts Payable
P.O. Box 310
Boynton Beach, FL 33425.
Invoices shall show the nature of the service and dates(s) of service. Invoices based on
hourly rates shall show the actual hours worked, person performing services, nature of the
service,hourly rate, and dates(s) of service. Invoices may be submitted no more frequently
than monthly. However, all services rendered prior to September 30th of any given year are
Piggyback Contract—BLUE IGUANA PEST CONTROL,INC.DBA IGUANA CONTROL 2
required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first
invoice.
The fee shall be paid based on receipt of a proper invoice in accordance with the invoice
schedule indicated above. Payment will be made within 45 days of receipt of a proper
invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et
al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence
of the performance of this Agreement by Vendor, either wholly or in part, and no payment
shall be construed to be an acceptance of or to relieve Vendor of liability for the defective,
faulty, or incomplete rendition of the Services.
6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales,
use, and related taxes. The City is exempt from state and local sales and use taxes and shall
not be invoiced for the same. Upon request, City will provide Vendor with proof of tax-
exempt status.
7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein
shall be considered nor construed to waive City's rights and immunities under the common
law or section 768.28, Florida Statutes, as may be amended.
8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the
Agreement, each Party shall bear its own attorney's fees and court costs.
9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty(30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall
comply with Florida's Public Records Law. Specifically, the Vendor shall:
A. Keep and maintain public records required by the City to perform the service;
B. Upon request from the City's custodian of public records,provide the City with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and,following completion of the contract,Vendor
shall destroy all copies of such confidential and exempt records remaining in its
possession once the Vendor transfers the records in its possession to the City; and
D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the
City, all public records in Vendor's possession All records stored electronically by
Vendor must be provided to the City,upon request from the City's custodian of public
records, in a format that is compatible with the information technology systems of the
City.
Piggyback Contract—BLUE IGUANA PEST CONTROL,INC.DBA IGUANA CONTROL 3
E. IF THE VENDOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerkAbbfl.us
10. SCRUTINIZED COMPANIES-287.135 AND 215.473: By execution of this Agreement,
Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further
certifies that Vendor 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 has Vendor been engaged in
business operations in Syria. Subject to limited exceptions provided in state law, the City
will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach of
contract. The City shall provide notice, in writing,to the Vendor of the City's determination
concerning the false certification. The Vendor shall have five(5)days from receipt of notice
to refute the false certification allegation. If such false certification is discovered during the
active contract term, the Vendor 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 Vendor does not demonstrate that the City's determination of false
certification was made in error, then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time
to time.
11. E-VERIFY: VENDOR shall comply with Section 448.095, Fla. Stat., `Employment
Eligibility," including the 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 this Agreement. 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 Agreement is terminated for a violation of the statute by Vendor, Vendor may not be
awarded a public contract for a period of one (1) year after the date of termination.
12. DISPUTES: Any disputes that arise between the parties with respect to the performance of
this Agreement,which cannot be resolved through negotiations,shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by
both parties. This Agreement may be signed by the parties in counterparts, which together
shall constitute one and the same agreement among the parties. A facsimile signature shall
constitute an original signature for all purposes. Each person signing this Agreement on
behalf of either Party individually warrants that he or she has full legal power to execute the
Piggyback Contract—BLUE IGUANA PEST CONTROL,INC.DBA IGUANA CONTROL 4
Addendum on behalf of the Party for whom he or she is signing and to bind and obligate
such Party with respect to all provisions contained in this Agreement
14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City
for convenience upon fourteen(14)calendar days of written notice by the terminating party
to the other party for such termination in which event the Vendor shall be paid its
compensation for services performed to the termination date, including services reasonably
related to termination. In the event that the Vendor abandons the Agreement or causes it to
be terminated, the Vendor shall indemnify the City against loss pertaining to this
termination.
15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this
Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail
to perform or observe any of the terms, provisions, conditions, or requirements herein
contained, if such neglect or failure shall continue for a period of thirty(30) calendar days'
after receipt by Vendor of written notice of such neglect or failure.
16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City,its elected and
appointed officers, agents, assigns and employees, consultants, separate Vendors, any of
their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of
action whatsoever, and the resulting losses,damages,costs,and expenses, including but not
limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders,
judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor's
performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or
intentional wrongful conduct by Vendor's, its agents, employees, subcontractors,
participants, and volunteers,and(C) Vendor's failure to take out and maintain insurance as
required under this Agreement. Vendor's shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits, or actions of any kind or nature
in the name of the City,where applicable, including appellate proceedings, and shall pay all
costs, judgments, and attorneys' fees which may issue thereon. The obligations of this
section shall survive indefinitely regardless of termination of the Agreement.
17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City
with a copy of its Certificate of Insurance reflecting the insurance coverage required by the
Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and
its officers, employees and agents as an additional insured.
18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to
which it is applicable, City shall not be liable or responsible to Vendor beyond the amount
remaining due to Vendor under the Agreement,regardless of whether said liability be based
in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for
punitive or exemplary damages or for lost profits or consequential damages.
19. NO SPECIAL DAMAGES. In no event shall either Party be liable to the other for any
special damages, speculative damages, indirect, special, incidental, consequential, loss of
profits, or other damages or losses of any kind whatsoever, no matter what the cause.
20. INDEPENDENT CONTRACTOR: The Agreement does not create an
employee/employer relationship between the Parties. It is the intent of the Parties that
Vendor is an independent contractor pursuant to the Agreement and shall not be considered
Piggyback Contract—BLUE IGUANA PEST CONTROL,INC DBA IGUANA CONTROL 5
the City's employee for any purpose.
21. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times
material to the Agreement, Vendor shall perform its obligations in compliance with all
applicable federal, state, and local laws, rules, and regulations, including section 501.171,
Florida Statutes. Non-compliance may constitute a material breach of the Agreement.
22.ASSIGNMENT: In the event this Agreement and any interests granted herein shall be
assigned, transferred, or otherwise encumbered, under any circumstances by Vendor,
Vendor must gain prior written consent from City thirty (30) business days before such
transfer. For purposes of this Agreement, any change of ownership of Company shall
constitute an assignment that requires City's approval. Notwithstanding the foregoing,
Vendor may, without City's consent, assign this Agreement in whole or in part as part of a
corporate reorganization, consolidation, merger, or sale of substantially all of its assets
related to this Agreement. Vendor shall provide City written notice of any such corporate
reorganization, consolidation, merger, or sale of substantially all of its assets related to this
Agreement within thirty (30) calendar days of such event.
23.AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and
effect only as long as the expenditures provided for in the Agreement have been
appropriated by the City Commission of the City of Boynton Beach in the annual budget
for each fiscal year of this Agreement,and is subject to termination based on lack of funding.
Early termination by City due to loss of funding shall not obligate Vendor to refund any
prepaid fees.
24. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the
entire Agreement between the City and the Vendor with respect to the subject matter of this
Agreement. This Agreement supersedes all prior and contemporaneous negotiations,
understandings, and agreements, written or oral, between the parties. This Agreement may
not be modified except by the parties' mutual agreement set forth in writing and signed by
the parties.
25. SEVERABILITY. If any provision of this Agreement or application thereof to any person
or situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those
as to which it shall have been held invalid or unenforceable, shall not be affected thereby,
and shall continue in full force and effect, and be enforced to the fullest extent permitted by
law.
26.ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement,
Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion
for labor or services, in accordance with Section 787.06(13), Florida Statutes.
Signature Page to follow
Piggyback Contract—BLUE IGUANA PEST CONTROL,INC.DBA IGUANA CONTROL 6
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH.FLORIDA BLUE IGUANA PEST CONTROL.INC.DBA
IGUANA CONTROL
ir,,,,,,,,,,* / ,
Rebt:cca, 941cIto n :favor (Signature)
Ellie Iguana Pest Control. Inc. dba Iguana Control
Thomas Portuallo
Print Name of Authorized Official ''
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Approved as to Form: Title = - '`� ='
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Shawna G. Lamb,City Attorney (Corporate Sear
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Mavlee � s.City Clerk Print Name
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Piggyback Contract—BLUE IGUANA PEST CONTROL.INC.DBA IGUANA CONTROL
EXHIBIT
TOWN OF PALM BEACH
Request for Bids—Terms and Conditions—Goods and Services
1. ACCEPTANCE/REJECTION
The Town reserves the right to accept or to reject any or all bids and make the award to that bidder,who in the opinion of
the Town will be in the best interest of and/or the most advantageous to the Town, in the Town's sole and absolute
discretion.Town also reserves the right to reject the bid of any vendor 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. Town reserves the right to waive any irregularities and technicalities and may, at its sole and absolute discretion,
request a re-bid.
2. ADDENDUMS
The Purchasing Division may issue an Addendum to this solicitation that changes,adds to,or clarifies the terms,provisions,
or requirements of the solicitation.The Supplier should not rely on any representation,statement,or explanation whether
written or verbal,regardless of the source, other than those made in this solicitation document or in any addenda issued
hereto. In the event of a conflict between the Solicitation Package and any addenda, the addenda shall prevail. It is the
Suppliers responsibility to ensure receipt of all addenda and any accompanying documentation.The Supplier is required to
acknowledge having reviewed the addendum within the solicitation system.Failure to acknowledge the addendum may cause
the Submittal Package to be deemed non-responsive and not be considered for award.
3. ALTERNATIVES /APPROVED EQUAL/DEVIATIONS
Unless otherwise specified,the mention of the particular manufacturer's brand name or number in the specifications does
not imply that this particular product is the only one that will be considered for purchase.The reference is intended solely
to designate the type or quality of merchandise that will be acceptable.Alternative offers will be considered and must include
descriptive literature and/or specifications.Failure to provide descriptive literature and/or specifications with the alternative
offer(s)may be cause for disqualification of the bid.
The TOWN,in its sole and absolute discretion, shall determine the acceptability of any alternative product or service and
such determination shall be final and binding upon all bidders. When an item is marked "No Substitutions" alternates or
equivalents will not be accepted.The bidder shall be responsible for reading carefully,and understanding completely, the
requirements and specifications of the items bid upon. Any deviation from specifications set forth herein must be clearly
indicated. Unless a deviation is identified the TOWN has right to detrimentally rely that the items offered are in strict
compliance with these specifications, and the successful bidder will be held responsible. Therefore, deviations must be
explained in detail on an attached sheet(s)and itemized by number.Any item(s) that do not meet the TOWN specifications
upon delivery will not be accepted and if the item cannot be brought up to specifications in a reasonable time (reasonable
time as determined by TOWN),the bidder will be required to compensate the TOWN for any expenses incurred to acquire
the specified items.
4. AS SPECIFIED
A purchase order will be issued to the successful bidder with the understanding that all services rendered must meet the
specifications herein.
5. AVAILABILITY OF FUNDS
The obligations of the Town under this award are subject to and conditioned upon the availability of funds lawfully
appropriated by the Town Council.
6. AWARD
Award may be made to the Supplier which offers the best value to the Town.The Town reserves the right to reject any and
all offers, to waive non-material irregularities or technicalities and to re-advertise for all or any part of this solicitation as
deemed in its best interest.The Town shall be the sole judge of its best interest.Award will be made to the lowest responsive
and responsible bidder. Bids shall remain open for 90 days. If a contract is awarded,the Town will provide the successful
bidder a Notice of Award within 90 days after the day of the Bid Opening.
The Town of Palm Beach reserves the right to award on an"All-or-None"basis to one bidder or to award on a"Lot-by-
Lot"or"Item-by-Item"basis whenever it is in the best interest of and/or most advantageous to the Town of Palm Beach.
7. BID FORMS
All bid proposals must be submitted on our standard bid form. Bid proposals on vendor quotation forms will not be
accepted.
Request for Bids—Terms and Conditions—Goods and Services
TOWN OF PALM BEACH
V • 1 Request for Bids—Terms and Conditions —Goods and Services
8. BID TABULATION
Bidders desiring a copy of the bid tabulation of the bid may obtain them by going to the Town's website at
www.townofpalmbeach.com, (click "Doing Business" click "Sealed Bids/Requests for Proposals" and follow the
instructions).
9. CERTIFICATIONS AND/OR LICENSES
Bidders shall hold a current license which shows that a principal in the firm or an employee is certified to perform these
services. This Certification shall be current at all times during the duration of this contract. Bidders should provide,with
their bid,a copy of all current licenses.If not provided with your bid,they must be submitted within three(3)business days
of the Town's request. Bidder must hold a current tax receipt(Occupational License). Copy of license must be submitted
with bid and must be in the name of the bidder shown on the Bid Proposal Page.A current,signed copy of IRS Form W-9
should also be submitted with your bid.
10. CODE OF ETHICS
If any Bidder violates or is a party to a violation of the code of ethics of the Town of Palm Beach,Palm Beach County or
the State of Florida with respect to this proposal,such Bidder may be disqualified from performing the work described in
this proposal or from furnishing the goods or services for which the proposal is submitted and may be further disqualified
from submitting any future proposals for work,goods or services for the Town of Palm Beach. The link for additional
information regarding the Palm Beach County Commission on Ethics may be found at
http://www.palmbeachcountyethics.com/ordinances-codes.htm.
11. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
Bidder certifies that all material,equipment,etc.,contained in his/her bid meets all O.S.H.A. requirements. Bidder further
certifies that, if he/she is the successful bidder, and the material, equipment, etc., delivered is subsequently found to be
deficient in any O.S.H.A requirement in effect on date of delivery,all costs necessary to bring the material,equipment,etc.,
into compliance with the aforementioned requirements shall be borne by the bidder.
12. CONE OF SILENCE
The Cone of Silence is a prohibition on any communication, except for written correspondence, regarding a particular
request for proposal,request for qualification,bid or any other competitive solicitation between:
a) Any person or person's representative seeking an award from such competitive solicitation;and
b) Any Town Council Member or Town Council staff,any member of a local governing body or the
member's staff,a mayor or chief executive officer that is not a member of a local governing body or
the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the
commission or local governing body to award a particular contract.
For the purposes of this section,a person's representative shall include but not be limited to the person's employee,partner,
officer,director,consultant,lobbyist,or any actual or potential subcontractor or consultant of the person.
The cone of silence shall be in effect as of the issuance of the Bid.The cone of silence applies to any person or person's
representative who responds to a particular request for proposal, request for qualification, bid or any other competitive
solicitation, and shall remain in effect until such response is either rejected by the Town or withdrawn by the person or
person's representative.Each request for proposal,request for qualification,bid or any other competitive solicitation shall
provide notice of cone of silence requirements and refer to this article.
The provisions of this article shall not apply to oral communications at any public proceeding,including pre-bid conferences,
oral presentations before selection committees,and contract negotiations during any public meeting,presentations made to
the town council,and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any
employee and the intended awardee,any dispute resolution process following the filing of a protest between the person filing
the protest and any employee,or any written correspondence at any time with any employee,town council member,mayor,
advisory board member, or selection committee member, unless specifically prohibited by the applicable competitive
solicitation process.
The cone of silence shall terminate at the time the town council or town department authorized to act on behalf of the board
or local municipal governing body as applicable,awards or approves a contract,rejects all bids or responses, or otherwise
takes action which ends the solicitation process. For further information refer to
Request for Bids—Terms and Conditions—Goods and Services _� ,�
flea '; TOWN OF PALM BEACH
Request for Bids —Terms and Conditions—Goods and Services
http://www.palmbeachcountyethics.com/ordinances-codes.htm -Palm Beach County Registration Ordinance —Effective
April 2,2012.
13. CONFLICT OF INTEREST
The award of this solicitation is subject to Chapter 112,Florida Statutes.All Suppliers must disclose with their response the
name of any officer,director,or agent who is also an employee of the Town of Palm Beach. Further,all Suppliers must
disclose the name of any Town of Palm Beach employee who owns,directly or indirectly,an interest of five (5)percent or
more of the Suppliers company or any of its branches.
14. CONTRACTUAL AGREEMENT
This Bid shall be included and incorporated in the final award.The order of contractual precedence will be the Contract or
Agreement document,original Terms and Conditions, and Bidder response. Any and all legal action necessary to enforce
the award will be held in Palm Beach County and the contractual obligations will be interpreted according to the laws of the
State of Florida.Any additional contract or agreement terms requested for consideration by the Bidder must be attached and
enclosed as part of the proposal.
15. DELETION OR MODIFICATION OF SERVICES
The Town reserves the right to add or delete any portion of this Contract at any time with or without cause,and if such
right is exercised by the Town,the total fee shall be increased or reduced in the same ratio as the estimated cost of the
goods based on the unit prices set forth on the Bid Proposal Page.
16. DISCOUNT
Bidders may offer a discount for prompt payment. However, such discounts will not be considered in determining the
lowest net cost for bid evaluation purposes unless otherwise specified in the Special Conditions. Bidders should reflect any
discounts to be considered in the bid evaluation in the unit prices bid.
17. DRUG-FREE WORKPLACE
Preference shall be given to businesses with Drug-Free Work Place (DFW) programs. Whenever two or more proposals
which are equal with respect to price,quality,and service are received by the Town 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.
18. E-VERIFY
The Town of Palm Beach is an E-Verify employer for the purposes of verifying work authorization.Work authorization for
those contracted to provide services and/or goods to the Town of Palm Beach is the sole responsibility of the contracted
vendor and/or service provider.
19. FEDERAL AND STATE TAX
Town is exempt from Federal and State Taxes for tangible personal property. The Purchasing Agent will sign an exemption
certificate submitted by the successful bidder. Vendors or contractors doing business with the Town shall not be exempted
from paying sales tax to their suppliers for materials to fulfill contractual obligations with the Town,nor shall any said vendor
or contractor be authorized to use the Town's tax exemption number in securing such materials.
20. F.O.B.POINT
The F.O.B. shall be Destination to Town of Palm Beach Public Works Department,951 Okeechobee Road,Palm Beach,
FI. 33401.Pricing shall include delivery and installation.No additional charges for delivery shall be allowed.
21. GENERAL INFORMATION
Companies desiring a copy of the Request for Proposals may obtain such documents from the Town's website,(click"Doing
Business,"click"Bids and Requests for Proposals"and under the Negometrix section select on the link to the Town of Palm
Beach Solicitations to locate this bid.
The Town only accepts online submittals through Negometrix, the eProcurement platform linked to the Town
Website,promoting a greener footprint.
If you are not registered through the website you are required to do so (at NO charge).The Bid is also advertised through
DemandStar and Public Purchase,however proposals must be submitted through the Town website.Written proposals will
Request for Bids—Terms and Conditions—Goods and Services
TOWN OF PALM BEACH
Request for Bids—Terms and Conditions—Goods and Services
not be accepted.For further information,contact the Purchasing Office,951 Okeechobee Road,Suite D,West Palm Beach,
FL 33401,Telephone (561)838-5406.
a) Vendors doing business with the TOWN are prohibited from discriminating against any employee,
applicant or client because of race, creed, color, national origin, sex, age or non-disqualifying
physical or mental disability,with regard to but not limited to the following:employment practices,
rates of pay or other compensation methods,and training selection.
b) Identical Tie Bids/Proposals shall be awarded in accordance with the preference established in
Section 287.087, Florida Statutes, to a vendor submitting the attached Drug-Free Workplace
Certification form properly completed and certified. In the event that tie bids are received either
from vendors who have all submitted a Drug-Free Workplace Certification or none of whom who
have submitted such certification,the award will be made in accordance with TOWN purchasing
procedures pertaining to tie bids.
c) 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 Section 287.017, for CATEGORY TWO (Currently
$25,000)for a period of 36 months from the date of being placed on the convicted vendor list.
22. EEO STATEMENT
The Town is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws
prohibiting discrimination on the basis of race,color, religion, national origin, sex, age and non-disqualifying physical or
mental disability
23. INDEMNIFICATION
The Contractor recognizes that it is an independent contractor and not an agent or servant of the Town. To the fullest
extent allowed by law the Contractor shall protect,defend, reimburse,indemnify, and hold the Town of Palm Beach,its
officers,agents,and employees free and harmless from and against any and all claims,losses,penalties,damages,settlements,
costs, charges, attorneys or other professional fees, and/or other expenses and/or liabilities of every kind and character
arising out of or relating to any and all claims,liens,demands,obligations,actions,proceedings,cause or causes of action of
very kind and character in connection with,or arising directly or indirectly out of or related to this Contract and the Work
performed hereunder. Without limiting the generality of the foregoing, Contractor's Indemnity shall include all claims,
damages,losses,or expense arising out of or related to personal injury,death,damage to property,defects in materials or
workmanship,actual or alleged infringement of any patent,trademark,copyright,proprietary information,or applications of
any thereof, or of any other tangible or intangible personal or property right, or any actual or alleged violation of any
applicable statute,ordinance,administrative order,rule or regulation,or order of any court. Contractor agrees to investigate,
respond,adjust,and provide a defense for,all and any such claims,demands and actions at Contractor's sole expense and
agrees to bear and remain liable for all such other costs and expenses relating thereto,even if such claim is groundless,false,
or fraudulent. The Contractor expressly understands and agrees that any insurance protection required by this Agreement
or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify,defend,and hold harmless the
Town or its officers, employees, agents, and instrumentalities as herein provided. Notwithstanding the foregoing,if the
joint,concurring,comparative or contributory fault or negligence of the Parties gives rise to the losses for which the Town
is entitled to indemnification under this Article 8,then any losses shall be allocated between the Parties in proportion to their
respective degrees of fault or negligence contributing for such losses. Contractor's Indemnity shall not extend to liability
for damages to persons or property to the extent such damage was caused by solely by the negligent act(s)or omission(s)by
the Town,or by the Town's officers,agents,and employees.
Contractor acknowledges and agrees that Town would not enter into this Agreement without this indemnification of Town
by Contractor and that such indemnification constitutes a material inducement for the Town's entering into this Agreement
and shall additionally constitute good and sufficient consideration for this indemnification. This Article shall survive the
expiration or earlier termination of this Agreement. Nothing in this Contract shall be construed to affect in any way the
Town's rights,privileges,and immunities as set forth at Section 768.28,Fla.Stat.
Request for Bids—Terms and Conditions—Goods and Services
TOWN OF PALM BEACH
Request for Bids—Terms and Conditions—Goods and Services
24. INFORMATION
Any questions by prospective vendors should be directed to the Purchasing Division contact,who is authorized only to
direct inquiries to various portions of the bid so bidders may read and interpret such for themselves. No authorization is
allowed by purchasing personnel to interpret, or give information as to bid requirements in addition to that, which is
contained in the original bid document. Interpretation of the bid or additional information as to its requirements,where
necessary,shall be communicated to bidders only by written addendum.
25. LEGAL REQUIREMENTS
Federal,State,County and local laws,ordinances,rules and regulations that in any manner affect the items covered herein apply.
Lack of knowledge by the bidder shall in no way release the bidder from responsibility.
a) Vendors doing business with the Town are prohibited from discriminating against any employee,
applicant,or client because of race,creed,color,national origin,sex,age,or non-disqualifying physical
or mental disability regarding,but not limited to,the following:employment practices,rates of pay or
other compensation methods,and training selection.
b) Identical Tie Bids/Proposals shall be awarded in accordance with the preference established in Section
287.087,Florida Statutes,to a vendor submitting the attached Drug-Free Workplace Certification form
properly completed and certified.In the event that tie bids are received either from vendors who have
all submitted a Drug-Free Workplace Certification or none of whom who have submitted such
certification,the award will be made in accordance with Town purchasing procedures pertaining to tie
bids.
c) 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 Section 287.017,Fla.Stat.(2020)for CATEGORY TWO(Currently$25,000)for a period
of 36 months from the date of being placed on the convicted vendor list.
26. LICENSES AND PERMITS
When applicable,it shall be the responsibility of the successful bidder to obtain at no additional cost to the Town,any and
all licenses and permit required to complete contractual service.A copy of these licenses and permits shall be submitted prior
to commencement of work. Permit fees shall be waived for this work, however, the successful vendor must pay any
applicable Town business taxes.
27. LOBBYING PROHIBITED
Proposers are not to contact or lobby any Town personnel related or involved with this Request for Proposals.
All oral or written inquiries are to be directed to the Purchasing Division as instructed herein.Any violation of this condition
may result in rejection and/or disqualification of the Proposer. Refer to Palm Beach County Registration Ordinance —
Effective April 2,2012 for further information: http://www.palmbeachcountyethics.com/ordinances-codes.htm
28. MATERIAL SAFETY DATA SHEET
Pursuant to Chapter 442, Florida Statutes, a Material Safety Data Sheet (MSDS) must accompany any toxic substance
resulting from this bid.The MSDS must include the following information:
a) The identity used on the chemical product's label.
b) The chemical and the common name(s)of all ingredients,which have been determined to be a health
hazard.
c) Physical and chemical characteristics of the hazardous chemicals(i.e.vapor pressure,flashpoint).
d) The physical hazards of the hazardous chemical, including the potential for fire, explosion and
reactivity.
e) The health hazards of the hazardous chemical,including signs and symptoms of exposure.
f) The primary route(s)of entry.
g) The Occupational Safety and Health Administration (OSHA)permissible exposure limit,American
Conference of Governmental Industrial Hygienists (ACGIH)Threshold Iimit Value,and any other
exposure limit used or recommended.
Request for Bids—Terms and Conditions—Goods and Services
- TOWN OF PALM BEACH
�'►� , i Request for Bids—Terms and Conditions —Goods and Services
h) Whether the hazardous chemical is listed on the National Toxicology Program(NTP)Annual Report
on Carcinogens(latest edition)or has been found to be a potential carcinogen.
i) Any general applicable precautions for safe handling and use that are known.
j) Any general applicable control measures,which are known.
k) Emergency and first aid procedures.
1) The date of MSDS preparation or last change to it.
m) The name,address and telephone number of the chemical Manufacturer or importer.
29. METHOD OF ORDERING
An annual Blanket Purchase Order may be issued for these services.Invoices shall be submitted monthly after completion
of services specified in this Contract and shall refer to the Purchase Order Number and the appropriate item number.
Invoices shall be submitted to the Town of Palm Beach, Finance Department, Accounts Payable P.O. Box 2029, Palm
Beach,FL 33480 or email electronic invoices to:Invoices@TownofPalmBeach,com(Preferred Method).
30. MISTAKES IN SUBMITTAL PACKAGE
a) Correction of mistakes or withdrawal of a submittal package after the established due date and time
will not be allowed.
b) Unit prices shall prevail in the event of an error in the Supplier's Submittal Package.
c) Minor Informalities-Minor informalities are matters of form rather than material substance from the
solicitation, or non-material mistakes that can be waived or corrected without prejudice to other
responding suppliers. Material substance is defined as any portion of a Supplier's response that
materially affects the submittal package, which includes but is not limited to, the effect on price,
quantity, quality, manufacturer, product, delivery, or contractual conditions and shall not be
considered a minor informality.
31. NO BID
Where more than one item is listed, any items not bid upon shall be indicated "NO BID." If no items are bid on, the
"Statement of NO BID"should be returned,with the envelope plainly marked"NO BID"and with the bid number. Failure
to do so will be an indication that the bidder does not wish to be considered for future bids.
32. NON-COLLUSION
Bidder certifies that his Proposal is made without prior understanding,agreement,or connection with any corporation,firm
or person submitting a Proposal for the same materials,services,supplies,or equipment and is in all respects fair and without
collusion or fraud.
33. PALM BEACH COUNTY INSPECTOR GENERAL
The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters
relating to the negotiation and performance of any contracts resulting from this solicitation,and in furtherance thereof may
demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors.The
Contractor understands and agrees that in addition to all other remedies and consequences provided by law,the failure of
the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when
requested may be deemed by the municipality to be a material breach of this contract justifying its termination.
34. PAYMENT
Payment will be made by the Town after commodities/services have been received, accepted and properly invoiced as
indicated in contract and/or order. Invoices must bear the order number.Terms of payment are net 30 days after services
have been completed and accepted. Invoice must reflect purchase order number. The Town of Palm Beach shall pay
invoices via either direct payments (ACH) or purchasing cards with the goal of achieving a greener footprint.
Suppliers shall email their invoice(s) to following email address: Invoices@TownofPalmBeach.corn.
35. PERFORMANCE
The Town shall not pay for work that fails to meet the Town's standards as set forth is this Bid and as determined by the
Contract Coordinator.
36. PRICES QUOTED
Bidder warrants by virtue of bidding that prices shall remain fixed and firm for a period of ninety days (90)days from the
date of bid opening or time stated in Special Conditions.
Request for Bids—Terms and Conditions—Goods and Services �_
i~r �s TOWN OF PALM BEACH
Request for Bids—Terms and Conditions—Goods and Services
37. PRICE/DELIVERY
Price quoted must be the price for new merchandise that is free from defects. Any bids containing modifying or"escalator"
clauses will not be considered unless specifically provided for in the bid specifications. "Acceptance"as herein used means
the acceptance by Town of Palm Beach, herein referred to as Town, after the Purchasing Agent or his designee has,by
inspection or test of such items,determined that they fully comply with specifications.
Deliveries of all items shall be made as soon as possible. In the appropriate blank on the bid form,the vendor must indicate
the best delivery date after receipt of order (ARO). Deliveries resulting from this bid are to be made during the normal
working hours of the Town. Time is of the essence and the Bidder's delivery date must be specified and adhered to. Should
the bidder,to whom the order or contract is awarded,fail to deliver on or before his/her stated date,the Town reserves the
right to CANCEL the order or contract and make the purchase elsewhere. The successful Bidder(s)shall be responsible for
making any and all claims against carriers for missing or damaged items.
38. PRICING
The Town requires a firm price for the contract period.Invoices will be checked to confirm compliance with quoted pricing.
Failure to hold prices firm through the entire contract term will be grounds for contract termination.
39. PROTESTS-Please see the Town of Palm Beach Purchasing Manual
Stay of Procurement during Protest Purchases which are the subject of a timely protest may be stayed until a final decision
by the Town Manager regarding such Protest has been made. The Purchasing Manager shall not proceed further with the
Invitation to Bid,RFP,or other purchasing solicitation or award which is the subject of the protest until all administrative
remedies have been exhausted and a final decision of the Town Manager has been rendered,unless a determination is made
that the continuation of the award process is in the best interest of the Town. In this case,the Town Manager must make
a written determination that the execution of a contract without delay is necessary to protect substantial interests of the
Town.
Filing Fees:In order to defray a portion of the administrative costs associated with a protest,all protests shall be accompanied
by a filing fee in the form of a bond,cashier's check,or money order for an amount equal to ten percent(10%)of the total
estimated contract value,but in no case less than$10,000.Failure to pay the filing fee shall result in a denial of the protest.
In the event that a protest is upheld,the filing fee shall be refunded to the protestor. If the protest is not upheld,the filing
fee shall be drawn upon to offset any costs incurred by the Town related to the subject protest.
40. PUBLIC ENTITY CRIMES
Pursuant to Section 287.133(12)(a)of the Florida Statutes,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 Submittal Package (Bid Response) on a contract to
provide any goods or services to a public entity,may not submit a bond on a contract with a public entity for the construction
or repair of a public building or public work,may not submit Submittal Package(Bid Response)for the lease 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 Section 287.017 for Category Two ($25,000) for a period of 36 months from the date of being placed on the
convicted vendor lists that they have not been placed on the"Convicted Vendor List"or have been found guilty of a public
entity crime.
41. PUBLIC RECORDS LAW
Pursuant to Section 287.133(12)(a)of the Florida Statutes,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 Submittal Package (Bid Response) on a contract to
provide any goods or services to a public entity,may not submit a bond on a contract with a public entity for the construction
or repair of a public building or public work,may not submit Submittal Package(Bid Response)for the lease 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 Section 287.017 for Category Two ($25,000) for a period of 36 months from the date of being placed on the
convicted vendor list."
42. PUBLIC SAFETY AND CONVENIENCE
In the Contractor's use of streets and highways for the work to be done under these specifications,they shall conform to all
Municipal,County,State and Federal laws and regulations as applicable.
Request for Bids—Terms and Conditions—Goods and Services
\ ':, TOWN OF PALM BEACH
Request for Bids—Terms and Conditions—Goods and Services
i
The Contractor shall at all times so conduct their work as to insure the least possible obstruction to normal pedestrian and
vehicular traffic including access to all public and private properties during all stages work,and inconvenience to the general
public and the residents in the vicinity of the work, and to insure the protection of persons and property, in a manner
satisfactory to the Town of Palm Beach or designee.
No more than one-half(1/2)of the road or street shall be closed and traffic shall be controlled,so as to provide minimum
hindrance.Contractor shall utilize traffic control devices when working on right of ways.
Contractor is responsible for obtaining right of way permits when working on DOT roadways.There will be no fees for
these permits.
There shall be no obstruction of the travel lanes between the hours of 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M.
without approval from the Town of Palm Beach or designee.No road or street shall be closed to the public,except with the
permission of the Contract Coordinator and proper governmental authority.Fire hydrants on or adjacent to the work shall
be kept accessible to fire-fighting equipment at all times.Temporary provisions shall be made by the Contractor to insure
the use of sidewalks,public telephones and the proper functioning of all gutters,sewer inlets,drainage ditches,and irrigation
ditches.
43. RESTRICTED AREAS DURING OFFICIAL DIGNITARY VISITS. EMERGENGIES AND WEATHER
EVENTS
The Town of Palm Beach may become a restricted area during official Dignitary visits, emergencies, and/or significant
weather events. Contractor and workers may be asked to show Town issued ID during this period. The Contractor and
workers assigned to this project will be required to come to the Police Department prior to the start of the contract to have
their fingerprints taken at no charge to contractor.If the fingerprint background check returns with no warrants or felonies,
the contractor and workers will be given a picture ID for access to Palm Beach Island during this period.This process takes
up to three(3)business days and needs to be planned for accordingly.
44. SAFETY REGULATIONS
Equipment must meet all State and Federal safety regulations for grounding of electrical equipment.
45. SELLING,TRANSFERRING OR ASSIGNING CONTRACT
No contract awarded for this proposal shall be sold,transferred or assigned without the prior written approval of the Town,
which may be withheld for any reason or no reason at the Town's sole and absolute discretion.
46. SUBCONTRACTING
If the Contractor subcontracts any portion of the contract for any reason,the name and address of the subcontractor shall
be included on the form contained herein with the extent of work to be performed.This information shall be submitted
with bid response and approved by the Town.The Town reserves the right to reject a bid,of any bidder,if the bid names a
subcontractor who has failed in the proper performance of a contract or is not in position to perform properly under this
award.Subcontractors shall be responsible for meeting and submitting the insurance and licensing requirements set forth in
the bid documents to the Contractor,or the Contractor shall extend their insurance policy to cover the subcontractor and
their employees.It shall be the responsibility of the Contractor to ensure that insurance and licenses required by this contract
are in effect.
47. TERMINATION FOR CONVENIENCE
The Town of Palm Beach may terminate under this contract in whole or in part (the 'Work Terminated") if the Town
determines that such termination is in the Town's best interest.The Town shall terminate by delivering to the Contractor a
Notice of Termination, specifying the extent of the Work Terminated and the effective date. After receipt of a Notice of
Termination,a Contractor shall immediately proceed with the following,regardless of any delay in determining or adjusting
any amounts due under this clause:
a) Stop work as specified in the notice.
b) Place no further subcontracts or orders for materials, services,or facilities,except as necessary
to complete any portion of this Contract not encompassed in the Work Terminated.
c) Terminate all subcontracts to the extent they relate to the Work Terminated.To the fullest extent
practicable,cancel all outstanding purchase orders,contracts and delivery of materials,supplies
and equipment related to the Work Terminated.
Request for Bids—Terms and Conditions—Goods and Services
,4°, i TOWN OF PALM BEACH
So e si
y
` Request for Bids—Terms and Conditions—Goods and Services
d) If requested by the Town in writing, assign to the Town, all right, title and interest of the
Contractor under the subcontracts terminated. Such Assignment shall not include assumption
of Contractor's obligations or liabilities under a subcontract.The Town shall have the right(but
not the obligation) to assume the Contractor's obligations under any subcontracts assigned.
Neither this paragraph nor any assignment of subcontracts shall constitute the Town's
assumption of Contractor's obligations under any such subcontract absent a written document
executed by the Town and the subcontractor in which the Town expressly acknowledges an
assumption of Contractor's obligations, and then only to the extent specified. In no event will
the Town assume any obligation of the Contractor under the subcontracts that arise out of or
relate to Contractor's default prior to such assignment.
e) With the approval of the Purchasing Agent, settle all outstanding liabilities and settlement
proposals arising from the termination of subcontracts.
f) As directed by the Town,transfer title and deliver to the Town(a)the fabricated or un-fabricated
parts,work in process,completed work,supplies,and other materials produced or acquired for
the Work Terminated, and (b) the completed or partially completed plans, drawings,
information, and other property that,if the Work Terminated had been completed,would be
required to be furnished to the Town.
g) Complete performance of the work not terminated.
h) Take any action that may be necessary, or that the Town may direct, for the protection and
preservation of the property related to this contract that is in the possession of the Contractor
and in which the Town has or may acquire an interest.
1) The Early Termination Claim shall be strictly limited to payment for those portions of the Work,including
Contractor's reasonable profit therefore, properly performed prior to the Town's Termination for
Convenience, and for work performed by Contractor under subparagraph B.8 above for protection and
preservation of the property described therein.The Early Termination Claim shall not include,and Contractor
shall not be entitled to claim or recover, Contractor's other direct or indirect costs, losses or damage of
whatsoever nature by reason of the Early Termination including,without limitation:
a) Lost profit for Work not to performed by Contractor by reason of the Town's Termination for
Convenience;
b) The cost of the Work not to performed by Contractor by reason of the Town's Termination for
Convenience;
c) Contractor's demobilization costs.
d) Home office overhead;
e) Effect on other contracts and subcontracts including without limitation, those with
subcontractors,sub subcontractors,suppliers and material men of any tier or any claims by them
arising out of or relating to the impact of the Termination for Convenience on their contracted
relations;
f) Lost opportunities or other actual/prospective contracts;
g) Lower or lost productivity;
h) Costs or damages claimed by subcontractors,sub subcontractors,material men,or suppliers of
any tier arising or in any way related to their respective contracts with the Contractor or one
another,or arising or related in any manner to the Termination for Convenience.
2) The Town's Termination for Convenience shall be without waiver or prejudice to, all of the Town's claims,
rights and remedies arising out of or related to any default,breach of contract, damages or other claims the
Town may have against Contractor,or Contractor's subcontractors,material men and suppliers of any tier,or
any other person or entity at the time of Early Termination, or arising thereafter. Contractor hereby
acknowledges acceptance of the risk and cost of the foregoing and acknowledges and agrees to the foregoing
limitation on Contractor's claims or damages arising out of,or relating to,an Early Termination by the Town.
3) No later than 60 says following termination, the Contractor shall submit an Early Termination Claim to the
Town, unless such time for submittal has been extended in writing by the Town. If the Contractor fails to
timely submit the Early Termination Claim the Town may determine,based upon the information available,
the amount due the Contractor because of the Early Termination and shall pay such amount,if any.
Request for Bids—Terms and Conditions—Goods and Services
A TOWN OF PALM BEACH
Request for Bids—Terms and Conditions—Goods and Services
4) Subject to above,the Contractor and the Town may agree upon the whole or any part of the amount that may
be due because of the Early Termination.However,this amount may not exceed the total price as reduced by
the amount of payments previously made and the contract price of work not terminated.This Contract shall
be amended accordingly,and the Contractor shall be paid the agreed amount.
5) If the Contractor and the Town fail to agree on the payment because of Early Termination of work,the Town
shall pay the Contractor the amounts,if any,determined by the Town to be due the Contractor as a result of
the terminated work.
6) If the termination is partial,the Contractor may file a proposal with the Town for an equitable adjustment of
the price of the continued portion of the contract.
48. TERMINATION FOR DEFAULT
The Town may terminate this Contract in the event:
a) Contractor fails or refuses to prosecute the Work or any severable part,with the diligence
that will insure its completion within the time specified in this Contract;
b) Contractor fails or refuses to prosecute the Work on any severable part,with the diligence
that will insure its completion within the time specified in construction schedules and related
milestones issued in conjunction with this Contract;
c) Contractor fails to complete the Work within the time specified in this Contract;
d) Contractor fails to deliver the supplies or perform the services required of the Contractor
under this Contract within the time specified in this Contract;
e) Contractor fails or refuses to provide sufficient properly skilled workmen or tradesmen.
f) Contractor refused or fails to supply materials, equipment or services meeting the
requirements of this Contract;
g) Contractor fails to make payments for materials, labor or services to subcontractors, sub
subcontractors, suppliers or material men of any tier in accordance with such agreements
that may exist among them;
h) Contractor violates laws,ordinances,rules,regulations of any governmental authority having
jurisdiction;
i) Contractor materially breaches any of the provisions of this Contract.
When any single or combination of the above causes exist such cause(s) have not been cured after seven (7) days written
demand by the Town,the Town may,with full reservation of,and without prejudice to any other right or remedy the Town
may have,upon giving Contractor and the surety five (5)days written notice,terminate the Contract.Thereupon the Town
shall immediately be entitled to possession of the worksite and all supplies,materials,equipment thereon and to finish the
Work by reasonable means the Town shall decide in its discretion.No payments shall be due the Contractor until the Work
is fully and finally completed.Contractor and Contractor's surety shall be charged with all costs and expenses of completing
the Work (the "Cost to Complete") including without limitation: costs of repairing, replacing or re-mediating improperly
performed work;completing portions of the Work left undone on the Contractor's termination;architectural,engineering
and other professional fees and costs incurred as a result of Contractor's termination and in connection with completing the
Work;liquidated damages at the rate specified herein until Completion is achieved;any other loss,claim or damage incurred
by the Town by reason of Contractor's default.If the unpaid portion of the Contractor's Bid(the"Unpaid Bid Amount")is
greater than the Cost to Complete,the Cost to complete shall be subtracted from the Unpaid Bid Amount and the difference
shall be paid to Contractor within sixty(60)days from completion of the Work.If the Cost to Complete exceeds the Unpaid
Bid Amount, the Unpaid Bid Amount shall be subtracted from the cost to complete and Contractor shall be indebted to
and shall pay to the Town that difference. The rights and remedies reserved to the Town in this paragraph are without
waiver of and are in addition to any other rights and remedies provided by law or under this Contract to the Town.
49. TOWN CONTRACT COORDINATOR
The Town of Palm Beach shall designate a Contract Coordinator who shall act on behalf of the Town with respect to
monitoring contractor performance under this contract. The administration of this contract is vested in the Contract
Coordinator.The Contract Coordinator shall have complete authority to require the Contractor to comply with all provisions
of this Contract. However, the provisions of this Contract shall not be altered, waived or revoked by the Contract
Coordinator.The Contract Coordinator principal duties shall be:
a) Liaison with Contractor.
b) Coordinate and approve all work under the contract.
Request for Bids—Terms and Conditions—Goods and Services
TOWN OF PALM BEACH
'ffi Request for Bids—Terms and Conditions—Goods and Services
c) Resolve any disputes.
d) Assures consistency and quality of Contractor's performance.
e) Schedule and conduct Contractor performance evaluations and document findings.
f) Review and approve for payment all invoices for work performed or items delivered.
50. UNIFORM COMMERCIAL CODE
The Uniform Commercial Code(Florida Statutes,Chapter 672)shall prevail as the basis for contractual obligations between
the awarded contractor/vendor and the TOWN for any terms and conditions not specifically stated in the bid.
51. VENDOR SERVICE REPRESENTATIVE
The bidder must submit with their bid proposal the name,address,and phone number of the person(s) to be contacted for
the placement of an order and the coordination of service.
52. WARRANTY
The Contractor shall provide, at the time of delivery, a warranty for any and all goods against defective material,
workmanship,and failure to perform in accordance with required performance criteria,for a period of no less than one(1)
year from the date of delivery.This is a minimum standard;if the standard warranty period is greater than one (1)year,the
entire warranty period will be honored.The Contractor agrees that all parts of the goods found defective shall be replaced
without any cost or expense to the Town including all labor,materials and costs of transportation.In addition,the Contractor
agrees that if said repair of defective goods will exceed ten(10)working days,the Contractor shall supply loaner goods,upon
written request of the Town,in a timely and prompt fashion,at no cost or expense to the Town.
Request for Bids—Terms and Conditions—Goods and Services
,.`'"a `"e Town of Palm Beach
0
RFB 04-2023
4,, Reptile Control Services
* Bid Tabulation
Blue Iguana Pest Control Inc
Basis of Award d/b/a Iguana Control Delgado Family Pest Solutions Emergency Wildlife Services Enviroscapes Plus Inc. Easy Removal Solutions
Estimated Man caunndreu caurnsteu oumdieu csunraieu oumdieu
Description Hourly Rate Cost Per Hourly Rate Cost Per Hourly Rate Cost Per Hourly Rate Cost Per Hourly Rate Cost Per
Hours Per Month
Nuisance Reptile Removal 24 $ 35.00 $ 840.00 $ 55.00 $ 1,320.00 $ 75.00 $ 1,800.00 $ 75.00 $ 1,800.00 $ 225.00 $ 5,400.00
SCOPE OF WORK/SPECIFICATIONS
1. Removal of exotic reptiles
a. Contractor shall perform all removal efforts within the boundaries of Town owned
Parks and properties.
2. Schedule
a. Staff and the Contractor will develop an as needed schedule.
b. Contractor shall provide services in accordance with landscape hours as per Town
ordinances.
c. Time spent at a site will be determined by Contractor and Town Staff availability.
d. Contractor may be accompanied by Town Staff during all activities on Town property.
3. Removal and Dispatch
a. Whenever possible, Contractors' work will be performed using an air pellet rifle.
When necessary, Contractor may use a snare.
b. Contractor shall notify the Palm Beach Police department by phone prior to
performing duties using a pellet rifle on Town property.
c. Exotic reptiles, including but not limited to iguanas, tegus,monitor lizards, geckos
and other nuisance reptiles as directed by Town Staff, will be dispatched on site.
d. Dispatched reptiles shall be disposed of off-site by the Contractor, in accordance with
state guidelines http://myfwc.com/conservation/you-conserve/assistnuisance-wildlife/
faqs/#what .
4. Identification
a. Contractor shall wear a brightly colored shirt with the company name and identifying
themselves as a wildlife trapper.
b. Contractor's vehicles shall be labeled with the company name.
5. Payment
a. Monthly invoices will be submitted to the Town by the Contractor.
b. Invoices will list the total number of hours Contractor provided services to the Town
and the number of exotic reptiles removed from each serviced location.
c. Contractor will be paid for services provided on a per hour basis.
.‘,° � ��= TOWN OF PALM BEACH
,° ; PROCUREMENT AND CONTRACT
* MANAGEMENT DIVISION
Date: 08/07/2023
Blue Iguana Pest Control Inc d/b/a Iguana Control
6615 W. BOYNTON BEACH BLVD. #121
BOYNTON BEACH, FL 33437
Ref: RFB 04-2023 Reptile Control Services
Year Two (2) of Contract— 1st Renewal
Good afternoon,
As specified in Town of Palm Beach RFB 04-2023, we have an option to renew the existing contract for
another one (1) year term if it is mutually agreeable to all parties.
Please advise by signature below, if an extension of our current contract with the same terms, conditions,
specifications, and pricing stated in your bid, would be acceptable.
Please, complete and return this form to the Procurement Division. Your response may be emailed to
rcanterbury(a�townofpalmbeach.com faxed to 561-835-4688.
Respectfully,
Ryan Canterbury
Senior Procurement and Contract Management Agent
XXX I hereby agree to an extension of RFB 04-2023.
I do not approve an extension of RFB 04-2023 for the following reasons:
Thomas Portuallo Dae:2027008.211537 00°400 08/21/2023
SIGNATURE DATE
Thomas Portuallo
NAME (PRINT)
951 Okeechobee Road • Suite D • West Palm Beach,Florida 33401
Telephone:(561)838-5406 • Facsimile(561)835-4688
Website:www.townofpalmbeach.com
ket'N°FP4`49e TOWN OF PALM BEACH
= 9 (1
� e Z
° s PROCUREMENT AND CONTRACT
s MANAGEMENT DIVISION
Date: 08/12/2024
Blue Iguana Pest Control Inc.
Via email: jennifer(a2iguanacontrol.com; thomasmt iguanacontrol.com; tom(c iguanacontrol.com
Ref: RFB No. 04-2023
Year Three (3) of Contract—2^° Renewal
Good morning,
As specified in Town of Palm Beach RFB No. 04-2023, we have an option to renew the existing contract
for another one (1)year term if it is mutually agreeable to all parties.
Please advise by signature below, if an extension of our current contract with the same terms, conditions,
specifications, and pricing stated in your bid, would be acceptable.
Please, complete and return this form to the Procurement Division. Your response may be emailed to
rcanterburyc townofpalmbeach.com faxed to 561-835-4688.
Respectfully,
Ryan Canterbury
Senior Procurement and Contract Management Agent
I hereby agree to an extension of RFB No. 04-2023.
I do not approve an extension of RFB No. 04-2023 for the following reasons:
08/19/24
SIGNATURE DATE
Thomas Portuallo President
NAME (PRINT)
951 Okeechobee Road Suite D West Palm Beach,Florida 33401
Telephone:(561)838-5406 Email:PurchasingStaff@townofpalmbeach.com
Website:www.townofpalmbeach.com