16-019-MB UNIFORMED SECURITY GUARD SERVICES GENERAL LOCATIONS, TERM CONTRACT.pdf

Board of County Commissioners County Administrator

Mary Lou Berger, Mayor Verdenia C. Baker Hal R. Valeche, Vice Mayor Paulette Burdick Shelley Vana Steven L. Abrams Melissa McKinlay Priscilla A. Taylor Purchasing Department www.pbcgov.org/purchasing

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION

BID #16-019/MB

UNIFORMED SECURITY GUARD SERVICES, GENERAL LOCATIONS, TERM CONTRACT

FOR MANDATORY PRE-BID CONFERENCE INFORMATION, SEE TERM AND CONDITION #9 OF THIS SOLICITATION

SUBMISSION DATE for STEP 1: MARCH 25, 2016 AT 4:00 P.M.

**************IMPORTANT**************

THE PALM BEACH COUNTY PURCHASING DEPARTMENT IS ISSUING AN INVITATION FOR BID

WHICH WILL BE CONDUCTED IN A MULTI-STEP PROCESS. STEP 1 WILL CONSIST OF

COMPLETING THE BIDDER QUALIFICATIONS PACKAGE (BQP). THE BQP DEFINES THE

MINIMUM QUALIFICATION AND EXPERIENCE THAT A BIDDER MUST POSSESS TO PROCEED

TO STEP 2. THE BIDDER’S RESPONSES TO THE BQP WILL BE REVIEWED ON A PASS/FAIL

BASIS. THOSE MEETING ALL OF THE REQUIREMENTS WILL BE PERMITTED TO PROCEED TO

STEP 2, WHICH SHALL BE THE BIDDING PROCESS.

It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department at (561) 616-6800.

Bidders shall provide a response in a sealed package or container signed by an agent of the company having authority to bind the company or firm. FAILURE TO DO SO SHALL BE CAUSE FOR

REJECTION OF YOUR BID.

Protests can be accepted only during the five (5) business day posting period.

C A U T I O N As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our on-line Vendor Self Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the vendor’s sole responsibility to routinely check VSS for any amendments that may have been issued prior to the deadline for receipt of bids.

Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from VSS or obtained directly from the Purchasing Department.

In accordance with the provisions of ADA, this document may be requested in an alternate format.

50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199

(561) 616-6800 FAX: (561) 616-6811

http://www.pbcgov.org/purchasing https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

BIDDER QUALIFICATIONS PACKAGE

Bid #16-019/MB

Uniform Security Guard Services, General Locations, Term Contract

STEP 1

GENERAL INFORMATION

This Bidder Qualifications Package (BQP) is for Uniform Security Guard Services, General Locations, to provide armed and unarmed security services at various locations throughout the County.

The Palm Beach County Purchasing Department is issuing an Invitation for Bid which will be conducted in a multi-step process. Step 1 will consist of completing the BQP.

The BQP defines the minimum qualification and experience that a bidder must possess in order to proceed to Step 2. The Bidder’s responses to the BQP will be reviewed on a pass/fail basis. Those meeting all of the requirements will be permitted to proceed to Step 2, which shall be the bidding process.

Completing the BQP does not guarantee your company will receive a contract from the County, nor does it imply that your company has any type of procurement or contractual relationship with the County now or in the future.

The BQP must be completed without reference to any previous bid or any materials or literature that is not attached. All sections of the BQP must be completed. If any of the requested information does not apply, it must be indicated as “NONE” or “N/A”, where applicable.

The BQP is due to the Purchasing Department no later than 4:00 p.m. on March 25, 2016. The County will act upon the BQP within twenty (20) business days from the Bid Submission date for Step 1. In the event the County requires the Bidder to clarify any information contained in the BQP, the County will require in writing that the Bidder provide the necessary information, as additional information, and such information shall only clarify, without introducing new information. The Purchasing Department, in its sole discretion, will determine whether additional information does in fact constitute a clarification.

Questions regarding the BQP shall be directed to Marva Brown at (561) 616-6815 or mbrown@pbcgov.org. The BQP response shall be submitted to:

Marva Brown, Senior Buyer Palm Beach County Purchasing Department 50 S. Military Trail, Suite 110

West Palm Beach, FL 33415-3199 mailto:gmorales@pbcgov.org

INSTRUCTIONS

1. Each item shall be answered fully, and wherever an explanation is requested, it shall be given in detail.

2. Provide complete answers. If sufficient space is not provided, attach additional pages. Failure to complete any portion of the BQP shall render Step 1 as non-responsive, therefore resulting in rejection of the BQP. Failure to be responsive to Step 1 shall prohibit the bidder from proceeding to Step 2.

3. Fill in the firm name, initial each page at the bottom right corner of Attachments 1 through 13, and sign the Authorization/Certification (Attachment 13).

4. Do not use any substitute attachments or forms. No other form or statement will be accepted unless original bidder documents are to be provided.

5. The Bidder represents that it has only provided truthful and accurate information free of omissions which, if it had been provided, would result in the County coming to a different conclusion regarding the Bidders BQP. The County reserves the right, but does not have an obligation, to check facts presented by the Bidder through the web, social media, news media and any other source of information that is available to the public.

6. Bidders submitting a BQP, and meeting all of the BQP requirements will proceed to Step 2, which shall be the bidding process for Uniform Security Guard Services, General Locations.

MINIMUM CRITERIA TO BE USED BY COUNTY

IN DETERMINING BIDDER QUALIFICATIONS COMPLIANCE

1. EXPERIENCE (Attachments 1-6)

A. Bidder shall provide written evidence which indicates the total number of years in the security business, names of principals and general capabilities of the firm.

This requires that the Bidder provide written evidence (Attachment 1) that the

Bidder has been in the security business a minimum of five (5) years within the past eight (8) years, under the same name. If not under the same name, the Bidder shall provide proof that the majority, fifty-one (51) percent, of its officers were the same during the past eight (8) years.

B. Bidder shall demonstrate that it currently has contracts with a minimum of three

(3) non-residential clients. Bidder shall provide the names of the non-residential clients as well as the start and end date of each contract. Non-residential clients are any clients other than individuals, property or homeowner associations, or congregate living facilities. (Attachment 2).

C. The County’s annual estimated value of this Solicitation is $1,236,363. Bidder shall supply a minimum of two (2) copies of two (2) other contracts, with annual values of no less than seventy-five percent (75%) of the estimated value of this Solicitation or $927,272. (Attachment 3).

D. Bidder shall provide a sample of Bidder’s corporate post orders, used for a non-residential contract, within the past five (5) years. (Attachment 4).

E. Bidder shall provide five (5) past examples (as Attachments 5A, 5B, 5C, 5D and 5E) of complaints of administrative, performance, or contractual incidents within the past five (5) years, including actions the Bidder took to ensure these claims were satisfactorily investigated and concluded. The actual documents shall be provided with names, social security numbers and other personal information redacted, with all other information intact in their original format.

F. Bidder shall provide two (2) examples (Attachment 6A and 6B) of contracts where the Bidder has utilized a subcontractor for no less than eighty percent (80%) of the contract term to fulfill their contractual requirements.

2. TRAINING (Attachment 7)

A. Bidder shall provide a copy of their most recent version of the Internal Training

Programs (Attachment 7) used while performing security services and shall minimally include:

• Personnel and management training programs/curriculum o Testing material o PowerPoint presentations o Training memos o Field training material o Annual and in-service training timeline and material o Retraining documents pertaining to security guards who underperformed o Site specific post order training o Call off procedures and training o Record keeping policies o Communications Training (Human Issues)

The training programs must have been used on one of the contracts listed on Attachment 2.

3. FINANCIAL (Attachment 8)

A. Bidder shall provide copies of their payroll record policies within the past five

(5) years, (Attachments 8A, 8B, 8C 8D, 8E) and five (5) examples of how the Bidder rectified billing discrepancies to include issues and resolutions.

Examples are to include, but not be limited to, emails, payroll sheets, and/or written correspondence with the client. The actual documents shall be provided with names, social security numbers and other personal information redacted, with all other information intact in their original format.

4. REFERENCES (Attachment 9 & 10)

A. Bidder shall submit three (3) references, (Attachment 9) of non-residential clients, from non-residential clients, where services have been provided;

including the scope of work, contact names, addresses, telephone numbers, email address, total dollar amount of contract, beginning date, end date and length of service.

• A contact person must be someone who has personal knowledge of the

Bidder’s performance for the specific requirement listed. The contact person must have been informed that they are being used as a reference and that Palm Beach County staff will be contacting them.

• Palm Beach County staff shall contact each reference. DO NOT list references that are unable to answer specific questions regarding these requirements.

B. Additionally, the Bidder shall provide a list (Attachment 10) of all non-residential clients and their contact information with whom the Bidder has had a contract within the past five (5) years. The County will seek references from twenty percent (20%) of firms/contacts on this list or no less than 1.

5. LICENSURE AND CERTIFICATION (Attachment 11)

Bidder shall provide written evidence (copies of) current licenses/certifications (Attachment 11) showing the Bidder or a principal in the firm is licensed to contract the scope of work in Palm Beach County with both of the following:

• Class “B” Security Agency, or Class “BB” Security Agency Branch Office License, issued by the State of Florida, Department of Agriculture, Division of Licensing.

• Licensing issued by the City and/or County where the local office is located and where security services will be provided.

Bidder shall submit, with the Bidder Qualifications package, a copy of all license(s) to support this requirement.

6. SMALL BUSINESS (Attachment 12)

The successful bidder must initial attachment 12, committing to mentor the County approved SBE selected by the Bidder to fulfill the fifteen (15%) SBE obligation.

The successful bidder agrees to collaborate with Palm Beach County's Office of Small Business Assistance (OSBA) to outline the Bidder's mentorship program, to include, providing the selected SBE with access to corporate training, managerial and accounting support, and providing a timeline establishing the beginning and end of the aforementioned mentoring program. Approval of this plan is subject to approval by the OSBA.

7. AUTHORIZATION/CERTIFICATION (Attachment 13)

The Bidder shall complete Authorization/Certification included as Attachment 13.

ATTACHMENT 1

BIDDER QUALIFICATIONS PACKAGE

for

Uniform Security Guard Services, General Locations, Term Contract

EXPERIENCE

(This package must be plainly filled in with ink or typewritten)

Entity Name:

Entity Address:

City:

State: Zip:

Phone Number:

Contact Name: Title:

Entity Classification: Corporation: Partnership: Sole Proprietorship: Other (please explain):

If Corporation, State where incorporated

Date of Incorporation

All applicants answer the following:

1. How many years has your organization been operating under your present business name?

2. List all previous business names of your organization:

3. How many years experience has your organization had as a Prime Contractor:

4. Enter your Federal Employer Identification Number (FEIN):

5. Enter your Dunn & Bradstreet Number (D&B):

6. List the following for all owners, partners, officers, and directors of your organization:

LAST NAME, FIRST MI BUSINESS ADDRESS CITY STATE ZIP

7. List the following for all individuals, co-partnerships, companies and/or corporations owning 10% or more of your organization (applicant):

NAME PERCENT

OWNED ADDRESS CITY STATE ZIP

8. List the following for all co-partnerships, companies and/or corporations in which your organization has at least 10% ownership:

NAME PERCENT

OWNED ADDRESS CITY STATE ZIP

FIRM NAME: _______________________________________________________________________ Initials:(________)

9. Has the firm, an affiliate, an officer, a director, an agent, an employee or a member of your firm, or that of an affiliate, ever been indicted, had criminal information filed against it, pled guilty, pled no contest, or been convicted of any act prohibited by state or federal criminal law which involves fraud, bribery, collusion, conspiracy, violation of state or federal antitrust laws, or material misrepresentation committed in any federal or state jurisdiction with respect to any public contract?

Yes No If yes, please explain in detail:

10. Please state whether you or any of your affiliates are presently or have ever been barred or suspended from bidding or contracting on any public contract(s)?

If yes, please attach additional sheet(s) to include:

11. Please state whether you or any of your affiliates are presently or have ever been barred or suspended from bidding or contracting on any public contract(s)?

12. Within the past 8 years, have you ever been terminated for cause from any work awarded to you?

FIRM NAME: _______________________________________________________________________ Initials:(________)

ATTACHMENT 2

NON-RESIDENTIAL CLIENTS

Bidder shall demonstrate that it currently has contracts with a minimum of three (3) non-residential clients. Bidder shall provide the names of the non-residential clients as well as the start and end date of each contract. Non-residential clients are any clients other than individuals, property or homeowner associations, or congregate living facilities.

CLIENT

NAME &

ADDRESS

TYPE OF

BUSINESS

CONTRACT

BEGINNING

DATE

END DATE

FIRM NAME: _______________________________________________________________________ Initials:(________)

ATTACHMENT 3

CURRENT NON-RESIDENTIAL CONTRACTS WITH VALUES IN EXCESS OF $927,272

The County’s annual estimated value of this Solicitation is $1,236,363. Bidder shall supply one (1) copy of two (2) other contracts, with annual values of no less than seventy-five percent (75%) of the estimated value of this solicitation or $927,272.

CONTRACT VALUE SUMMARY

NAME

VALUE

TERM

The County’s annual estimated value of this Solicitation is $1,236,363. Bidder shall supply one (1) copy of two

(2) other contracts, with annual values of no less than seventy-five percent (75%) of the estimated value of this Solicitation or $927,272.

FIRM NAME: _______________________________________________________________________ Initials:(________)

ATTACHMENT 4

BIDDER QUALIFICATIONS PACKAGE

EXAMPLE OF CORPORATE POST ORDER FOR NON-RESIDENTIAL CONTRACT

Bidder shall provide a sample of Bidder’s corporate post orders, used for a non-residential contract, within the past five (5) years.

POST ORDER ATTACHMENT SUMMARY

CLIENT NAME ATTACHMENTS SHALL BE NUMBERED AS FOLLOWS:

4A

FIRM NAME: _______________________________________________________________________ Initials:(________)

ATTACHMENT 5

EXAMPLES OF CONTRACTUAL INCIDENTS TO INCLUDE RESOLUTION

Bidder shall provide five (5) past examples (as Attachment 5A, 5B, 5C, 5D and 5E) of complaints of administrative, performance, or contractual incidents within the past five (5) years, including actions the Bidder took to ensure these claims were satisfactorily investigated and concluded. The actual documents shall be provided with names, social security numbers and other personal information redacted, with all other information intact in their original format.

COMPLAINT SUMMARY

CLIENT NAME ATTACHMENTS SHALL BE

NUMBERED AS FOLLOWS:

1 5A

2 5B

3 5C

4 5D

5 5E

FIRM NAME: _______________________________________________________________________ Initials:(________)

ATTACHMENT 6

CONTRACTS WITH SUBCONTRACTOR

Bidder shall provide two (2) examples (Attachment 6A and 6B) of contracts where the Bidder has utilized a subcontractor for no less than 80% of the contract term to fulfill their contractual requirements.

SUBCONTRACTOR SUMMARY

ATTACHMENTS SHALL BE

NUMBERED AS FOLLOWS:

6A

ATTACHMENTS SHALL BE

NUMBERED AS FOLLOWS:

6B

CLIENT NAME

START DATE

CONTRACT END

SUBCONTRACTOR

NAME

PERCENTAGE

PARTICIPATION

BEGINNING DATE

FIRM NAME: _______________________________________________________________________ Initials:(________)

ATTACHMENT 7

TRAINING

INTERNAL TRAINING PROGRAMS

Bidder shall provide a copy of their most recent version of the Internal Training Programs (Attachment 7) used while performing security services and shall minimally include:

• Personnel and management training programs/curriculum o Testing material o PowerPoint presentations o Training memos o Field training material o Annual and in-service training timeline and material o Retraining documents pertaining to security guards who underperformed o Site specific post order training o Call off procedures and training o Record keeping policies o Communications Training (Human Issues)

The training programs must have been used on one of the contracts listed on Attachment 2.

CONTRACT SUMMARY

CLIENT NAME LAST DATE

OF REVISION

ATTACHMENTS SHALL

BE NUMBERED

AS FOLLOWS:

7A

FIRM NAME: _______________________________________________________________________ Initials:(________)

ATTACHMENT 8

FINANCIAL

PAYROLL RECORD POLICIES

Bidder shall provide copies of their payroll record policies within the past five (5) years, (Attachments 8A, 8B, 8C 8D, 8E) and five (5) examples of how the Bidder rectified billing discrepancies to include issues and resolutions. Examples are to include, but not limited to, emails, payroll sheets, and/or written correspondence with the client. The actual documents shall be provided with names, social security numbers and other personal information redacted, with all other information intact in their original format.

PAYROLL ATTACHMENT SUMMARY

CLIENT NAME ATTACHMENTS SHALL BE NUMBERED AS FOLLOWS:

1 8A

2 8B

3 8C

4 8D

5 8E

FIRM NAME: _______________________________________________________________________ Initials:(________)

ATTACHMENT 9

BIDDER QUALIFICATIONS PACKAGE

REFERENCES

NON-RESIDENTIAL CLIENT REFERENCES

Bidder shall submit three (3) references, (Attachment 9) of non-residential clients, from non-residential clients, where services have been provided; including the scope of work, contact names, addresses, telephone numbers, email address, total dollar amount of contract, beginning date, end date and length of service.

A contact person must be someone who has personal knowledge of the Bidder’s performance for the specific requirement listed. The contact person must have been informed that they are being used as a reference and that Palm Beach County staff will be contacting them.

Palm Beach County staff shall contact each reference. DO NOT list references that are unable to answer specific questions regarding these requirements.

REFERENCE SUMMARY

ATTACHMENTS SHALL BE

NUMBERED AS FOLLOWS:

9A

ATTACHMENTS SHALL BE

NUMBERED AS FOLLOWS:

9B

ATTACHMENTS SHALL BE

NUMBERED AS FOLLOWS:

9C

CLIENT NAME &

CONTACT PERSON

PHONE NUMBER

EMAIL

AMOUNT

SCOPE OF WORK

FIRM NAME: _______________________________________________________________________ Initials:(________)

ATTACHMENT 10

REFERENCES

LIST OF ALL NON-RESIDENTIAL CONTRACTS WITHIN THE PAST 5 YEARS

Additionally, the Bidder shall provide a list (Attachment 10) of ALL non-residential clients and their contact information with whom the Bidder has had a contract within the past five (5) years. The County will seek references from 20% of firms/contacts on this list or no less than one (1). Attach additional page(s) if necessary, using the format below.

REFERENCE SUMMARY (PAST 5 YEARS)

ADDRESS

CONTACT

PERSON

EMAIL

LENGTH OF

SERVICE

REFERENCE SUMMARY (PAST 5 YEARS)

ADDRESS

CONTACT

PERSON

EMAIL

LENGTH OF

SERVICE

FIRM NAME: _______________________________________________________________________ Initials:(________)

ATTACHMENT 11

LICENSURE AND CERTIFICATION

Bidder shall provide written evidence (copies of) current licenses/certifications (Attachment 11) showing the Bidder or a principal in the firm is licensed to contract the scope of work in Palm Beach County with both of the following:

• Class “B” Security Agency, or Class “BB” Security Agency Branch Office License, issued by the State of Florida, Department of Agriculture, Division of Licensing.

• Licensing issued by the City and/or County where the local office is located and where security services will be provided.

Bidder shall submit, with the Bidder Qualifications package, a copy of all license(s) to support this requirement.

LICENSE SUMMARY

LICENSE TYPE

LICENSE NUMBER

ISSUING

AUTHORITY

ISSUE DATE

EXPIRATION

LICENSE SUMMARY

LICENSE TYPE

LICENSE NUMBER

ISSUING

AUTHORITY

ISSUE DATE

EXPIRATION

FIRM NAME: _______________________________________________________________________ Initials:(________)

ATTACHEMENT 12

SMALL BUSINESS MENTORSHIP OUTLINE

The successful bidder shall attach a mentorship program, committing to mentor the County approved SBE selected by the Bidder to fulfill the fifteen (15%) SBE obligation.

The successful bidder agrees to collaborate with Palm Beach County’s Office of Small Business Assistance (OSBA) to outline the Bidder’s mentorship program, to include, providing the selected SBE with access to corporate training, managerial and accounting support, and providing a timeline establishing the beginning and end of the aforementioned mentoring program. Approval of this plan is subject to approval by the OSBA.

SMALL BUSINESS MENTORSHIP OUTLINE

BIDDERS NAME ATTACHMENT SHALL BE NUMBERED

AS FOLLOWS:

12A

FIRM NAME: _______________________________________________________________________ Initials:(________)

ATTACHMENT 13

AUTHORIZATION/CERTIFICATIONS

I, the undersigned authority, hereby certify that the information submitted herewith, including any attachment hereto, is true and accurate to the best of my knowledge and belief under perjury of law.

I hereby authorize and request any person, firm or corporation to furnish any and all information requested by Palm Beach County, which the County deems necessary to verify the statements made in this BQP or regarding the past performance of the bidder.

Name of Organization

By: ____________________________________ Name and Title

Officer’s Signature

Date

STATE OF FLORIDA

COUNTY OF PALM BEACH

The foregoing instrument was acknowledged before me this day of , 2016, by ________________________________, who is personally known to me or who has produced as identification and who did not take an oath.

INVITATION FOR BID

Bid #16-019/MB

Uniform Security Guard Services, General Locations, Term Contract

STEP 2

IMPORTANT: STEP 2 IS NOT REQUIRED TO BE COMPLETED AT THIS TIME. YOU WILL BE

NOTIFIED UNDER SEPARATE COVER WHEN TO SUBMIT STEP 2.

BOARD OF COUNTY COMMISSIONERS

Palm Beach County

INVITATION FOR BID

BID #16-019/MB BID TITLE: UNIFORMED SECURITY GUARD SERVICES, GENERAL LOCATIONS,

TERM CONTRACT

PURCHASING DEPARTMENT CONTACT: MARVA BROWN, SENIOR BUYER TELEPHONE NO.: (561) 616-6815

FAX NO.: (561) 242-6715 E-MAIL ADDRESS: MBROWN@PBCGOV.ORG

Submission date for Step 1 must be received on or before March 25, 2016, prior to 4:00 p.m., Palm Beach County local time.

SUBMIT BID TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199.

This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and / or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents.

PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for item(s) and / or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract.

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS

GENERAL CONDITIONS

1. GENERAL INFORMATION

Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions which forms the binding contract between Palm Beach County and the successful bidder. Changes to this Invitation for Bid may be made only by written amendment issued by the County Purchasing Department. Bidders are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood.

Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response prior to the published bid submission time. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Bidder certifies that this bid is made without reliance on any oral representations made by the County.

The obligations of Palm Beach County under this award are subject to the availability of funds lawfully appropriated for its purpose.

2. LEGAL REQUIREMENTS

a. COMPLIANCE WITH LAWS AND CODES: 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 be a cause for relief from responsibility. The successful bidder shall strictly comply with Federal, State and local building and safety codes.

Equipment shall meet all State and Federal Safety regulations.

Bidder certifies that all products (materials, equipment, processes, or other items supplied in response to this bid) contained in its bid meets all ANSI, NFPA, and all other Federal and State requirements. Bidder further certifies that, if it is the successful bidder, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be borne by the bidder.

Any toxic substance provided to the County as a result of this solicitation or resultant contract shall be accompanied by its

Safety Data Sheet (SDS).

The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid.

b. DISCRIMINATION PROHIBITED: Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination.

Pursuant to Palm Beach County Resolution R-2014-1421, as may be amended, the successful bidder warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information. Per Resolution R-2014-1421, as may be amended, the successful bidder shall comply with the requirements set forth in Section 3.n. hereinbelow.

c. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful bidder is, and shall be, in the performance of all work, services, and activities under this Contract, an Independent Contractor and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the successful bidder’s sole direction, supervision, and control. The successful bidder shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the successful bidder’s relationship, and the relationship of its employees, to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY.

d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE:

Pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees of vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility (“Critical Facilities”) or a criminal justice information facility (“CJI Facilities”), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as amended. In October 2013, compliance with the requirements of the U. S. Federal Bureau of Investigations CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The bidder is solely responsible for understanding the financial, schedule, and / or staffing implications of this Ordinance. Further, the bidder acknowledges that its bid price includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE / FBI fees that shall be paid by the County.

e. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all bidders of the following: “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 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 F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”

SCRUTINIZED COMPANIES (WHEN CONTRACT VALUE IS

GREATER THAN $1 MILLION): As provided in F.S. 287.135, by entering into a Contract or performing any work in furtherance of this Invitation for Bid, the BIDDER certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473.

If the County determines, using credible information available to the public, that a false certification has been submitted by BIDDER, the resulting Contract from this Invitation for Bid may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135.

f. NON-COLLUSION: Bidder certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other act incident to doing business with Palm Beach County may result in permanent debarment.

No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services.

Any such violation may result in award cancellation, return of materials, discontinuation of services, and removal from the vendor bid list(s), and / or debarment or suspension from doing business with Palm Beach County.

g. LOBBYING: Bidders are advised that the “Palm Beach

County Lobbyist Registration Ordinance” prohibits a bidder or anyone representing the bidder from communicating with any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its bid, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date / time of the deadline for submission of the bid, and terminates at the time that the Board of County Commissioners or a County Department authorized to act on their behalf, awards or approves a contract, rejects all bids, or otherwise takes action which ends the solicitation process.

Bidders may, however, contact any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication, i.e., facsimile, e-mail or U.S. mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

h. CONFLICT OF INTEREST: All bidders shall disclose with their bid the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, all bidders shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent or more in the bidder’s firm or any of its branches.

i. SUCCESSORS AND ASSIGNS: The County and the successful bidder each binds itself and its successors and assigns to the other party in respect to all provisions of this Contract. Neither the County nor the successful bidder shall assign, sublet, convey or transfer its interest in this Contract without the prior written consent of the other.

j. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful bidder shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and / or causes of action which may arise from any negligent act or omission of the successful bidder, its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these bid documents and / or resultant contract.

k. PUBLIC RECORDS, ACCESS AND AUDITS: Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding bidder might consider to be confidential. All submitted information that the responding bidder believes to be confidential and exempt from disclosure (i.e., a trade secret, etc) must be specifically identified as such. Upon receipt of a public records request for information the bidder has designated as a trade secret or as otherwise exempt from Section 119.07, F.S., a determination will be made whether the identified information is, in fact, confidential.

The bidder shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. The COUNTY shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, at the bidder’s place of business.

Notwithstanding anything herein to the contrary, as provided under Section 119.0701, F.S., where the bidder: (i) provides a service and (ii) acts on behalf of the COUNTY as provided under Section 119.011(2) F.S., the bidder is required to:

1. maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service;

2. provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided by Florida law;

3. ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and

4. meet all requirements for retaining public records and transfer, at no cost, to the COUNTY all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the

COUNTY.

Failure of the bidder to comply with these requirements shall be a material breach of this Contract.

l. INCORPORATION, PRECEDENCE, JURISDICTION: This

Invitation for Bid shall be included and incorporated in the final award. The order of contractual precedence shall be the bid document (original terms and conditions), bid response, and purchase order or term contract order. Any and all legal action necessary to enforce the award or the resultant contract shall be held in Palm Beach County and the contractual obligations shall be interpreted according to the laws of Florida.

m. LEGAL EXPENSES: The County shall not be liable to a bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of this contract, or from any other matter generated by or relating to this contract.

n. NO THIRD PARTY BENEFICIARIES: No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the County and / or successful bidder.

3. BID SUBMISSION

a. SUBMISSION OF RESPONSES: All bid responses must be submitted on the provided Invitation for Bid “Response” Form. Bid responses on vendor letterhead / quotation forms shall not be accepted. Responses must be typewritten, written in ink or a photocopy and must be signed by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT

THE INDICATED PLACES SHALL BE CAUSE FOR

REJECTION OF THE BID. Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than the time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container bearing the bid number for proper handling.

b. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise directed in sub-paragraph d. (Local Preference) or the Special Conditions of this bid, bidder should include with its bid a copy of all applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the bidder shown on the bid response page. It shall also be the responsibility of the successful bidder to maintain a current Local Business Tax Receipt (Occupational License) for Palm Beach County and all permits required to complete this contractual service at no additional cost to Palm Beach County. A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License), the bidder should include the current Local Business Tax Receipt (Occupational License) issued to the bidder in the response. It is the responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default of contract.

c. SBE BID DOCUMENT LANGUAGE

Item 1 – Policy It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that SBE(s) have the maximum practical opportunity to participate in the competitive process of supplying goods, services and construction to the County.

To that end, the Board of County Commissioners adopted a Small Business Ordinance which is codified in Sections 2-

80.21 through 2-80.34 (as amended) of the Palm Beach County Code, which sets forth the County’s requirements for the SBE program, and is incorporated in this solicitation.

Compliance with the requirements contained in this section shall result in a bidder being deemed responsive to SBE requirements. The provisions of this Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict.

Although preferences will not be extended to certified M/WBEs, unless otherwise provided by law, businesses eligible for certification as an M/WBE are encouraged to maintain their certification in order to assist in the tracking of M/WBE availability and awards of contracts to M/WBEs. This information is vital to determining whether race and gender neutral programs assist M/WBE firms or whether race and gender preferences are necessary in order to address any continued discrimination in the market.

Item 2 – SBE Goals The County has established a minimum goal of 15% SBE participation for all County solicitations, inclusive of all alternates and change orders. This goal is a minimum, and no rounding will be accepted.

Item 3 – Ranking of Responsive Bidders Bidders who meet the SBE goal will be deemed to be responsive to the SBE requirement.

a. In evaluating competitive bids or quotes between $1,000 and one million dollars ($1,000,000) where the low bidder is non-responsive to the SBE requirement, the contract shall be awarded to the low bidder responsive to the SBE requirement as long as the bid does not exceed the low bid amount by 10%. In the event there are no bidders responsive to the SBE requirement, the contract shall be awarded to the bidder with the greatest SBE participation in excess of seven percent (7%) participation, as long as the bid does not exceed the low bid amount by ten percent (10%).

b. In evaluating bids in excess of one million dollars

($1,000,000), where the low bidder is non-responsive to the SBE requirement, the contract shall be awarded to the low bidder responsive to the SBE requirements provided that such bid does not exceed the lowest responsive bid by more than one hundred thousand dollars ($100,000) plus three percent (3%) of the total bid in excess of one million dollars ($1,000,000). In the event there are no bidders responsive to the SBE goal, the contract shall be awarded to the bidder with the greatest SBE participation in excess of seven percent (7%) participation, provided that such bid does not exceed the lowest responsive bid by more than one hundred thousand dollars ($100,000) plus three percent (3%) of the total bid in excess of one million dollars ($1,000,000).

Item 4 – Bid Submission Documentation SBE bidders, bidding as prime contractors, are advised that they must complete Schedule 1 and Schedule 2, listing the work to be performed by their own workforce, as well as the work to be performed by any SBE subcontractor. Failure to include this information on Schedule 1 will result in the participation by the SBE prime bidders own workforce NOT being counted towards meeting the SBE goal. This requirement applies even if the SBE contractor intends to perform 100% of the work with their own workforce.

Bidders are required to submit with their bid the appropriate SBE-M/WBE schedules in order to be deemed responsive to the SBE requirements. SBE-M/WBE documentation to be submitted is as follows:

Schedule 1 – List of Proposed SBE and M/WBE Participation

This list shall contain the names of the SBE Prime SBE and subcontractors intended to be used in performance of the contract, if awarded. This schedule shall also be used if an SBE prime bidder is utilizing ANY subcontractors.

(Only Job Order Contracting (JOC) contracts and Task Authorizations for annual contracts may be excluded from this requirement.)

Schedule(s) 2 – Letter(s) of Intent to Perform as an SBE or M/WBE Subcontractor A Schedule 2 shall be completed by the SBE Prime. A Schedule 2 shall be completed and signed by the proposed SBE subcontractor listed on Schedule 1. SBE Primes and SBE Subcontractors shall specify the type of work to be performed, the cost and / or percentage. If the SBE intends to subcontract any portion of the job to another certified SBE, or non-SBE, they are required to list the amount and the name of the subcontractor on this form. The Prime may count toward its SBE goal second and third tiered SBE subcontractors;

provided that the Prime submits a completed Schedule 2 form for each SBE subcontractor. Additional sheets may be used as needed. In lieu of a Schedule 2, a detailed responsive proposal may be acceptable.

Item 5 – SBE Certification Only those firms certified by Palm Beach County at the time of bid submission shall be counted toward the established SBE goals. Upon receipt of a complete application, IT TAKES UP

TO NINETY (90) DAYS TO BECOME CERTIFIED AS AN

SBE WITH PALM BEACH COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed SBE;

therefore, it is recommended that bidders visit the on-line Vendor Directory at www.pbcgov.org/osba to verify SBE certification.

Item 6 – Counting SBE Participation (and M/WBE Participation for Tracking Purposes)

a. Once a firm is determined to be an eligible SBE according to the Palm Beach County certification procedures, the County or the Prime may count toward its SBE goals only that portion of the total dollar value of a contract performed by the SBE. Prior to issue, total dollar value of a contract will be determined by the PBC user department by defining factors to be considered as value. Total dollar value of retail contracts shall be determined by Gross Receipts.

b. The County may count toward its SBE goals the total value of a contract awarded to an eligible SBE firm that subsequently is decertified or whose certification has expired after a contract award date or during the performance of the contract.

c. The County or Prime may count toward its SBE goal a portion of the total dollar value of a contract with a joint venture, eligible under the standards for certification, equal to the percentage of the ownership and control of the SBE partner in the joint venture.

d. The County or Prime may count toward its SBE goal the entire expenditures for materials and equipment purchased by an SBE subcontractor, provided that the SBE subcontractor has the responsibility for the installation of the purchased materials and equipment.

e. The County or Prime may count the entire expenditure to an SBE manufacturer (i.e., a supplier / distributor that produces goods from raw materials or substantially alters the goods before resale).

f. The County or Prime may count sixty percent (60%) of its expenditure to SBE suppliers / distributors that are not manufacturers.

g. The County or Prime may count toward its SBE goal second and third tiered SBE subcontractors; provided that the Prime submits a completed Schedule 2 form for each SBE subcontractor.

h. The County or Prime may only count toward its SBE goal the goods and services in which the SBE is certified and performs with its own forces.

Item 7 – Responsibilities After Contract Award

Schedule 3 – SBE-M/WBE Activity Form This form shall be submitted by the prime contractor with each payment application when SBE subcontractors are utilized in the performance of the contract. This form shall contain the names of all SBE subcontractors, specify the subcontracted dollar amount for each subcontractor and show amount drawn and payments to date issued to subcontractors. This form is intended to be utilized on all non-professional services contracts.

Schedule 4 – SBE-M/WBE Payment Certification A Schedule 4 for each SBE sub shall be completed and signed by the proposed SBE after receipt of payment from the Prime.

If a SBE subcontractor intends to disburse any funds associated with this payment to any subcontractor for labor provided on this contract, the amount and name of the subcontractor must be listed on this form. In addition, if the named subcontractor is a certified SBE, then a Schedule 4 shall be completed and signed by the named SBE after receipt of payment from the SBE subcontractor. When applicable, the Prime shall submit this form with each application submitted to the County for payment to document payment issued to a sub in the performance of the contract.

All bidders hereby assure that they will meet the SBE participation percentages submitted in their respective bids with the subcontractors contained on Schedules 1 and 2 and at the dollar values specified. Bidders agree to provide any additional information requested by the County to substantiate participation.

The successful bidder shall submit an SBE-M/WBE Activity Form (Schedule 3) and SBE-M/WBE Payment Certification Forms (Schedule 4) with each payment application. Failure to provide these forms may result in a delay in processing payment or disapproval of the invoice until they are submitted.

The SBE-M/WBE Activity Form is to be filled out by the Prime Contractor and the SBE-M/WBE Payment Certification Forms are to be executed by the SBE or M/WBE firm to verify receipt of payment.

Item 8 – SBE Substitutions After contract award, the successful bidder…