300557-AW.pdf

Board of County Commissioners County Administrator

Melissa McKinlay, Mayor Verdenia C. Baker Mack Bernard, Vice Mayor Hal R. Valeche Paulette Burdick Dave Kerner Steven L. Abrams Mary Lou Berger Purchasing Department www.pbcgov.org/purchasing

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION

RFQ #300557/AW

SWIMSUITS, BOARDSHORTS/TRUNKS AND RASHGUARDS,

LIFEGUARD, PURCHASE OF, TERM CONTRACT

RFQ SUBMISSION DATE: September 5, 2018 AT 4:00 P.M.

**** FAXED OR E-MAILED RESPONSES ACCEPTABLE ****

It is the responsibility of the vendor to ensure that all pages are included. Therefore, all vendors are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to the Palm Beach County Purchasing Department.

Quotations are requested for furnishing the goods/services as described herein and in accordance with applicable terms, conditions and specifications as set forth herein without any modification, change or alterations to any terms, conditions or provisions of this solicitation, unless specifically approved in writing by the County.

By submitting an offer which is accepted by the County, a binding contract is formed in accordance with the terms, conditions and specifications as set forth in this Request for Quotation (RFQ)

C A U T I O N

In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor’s sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of quotes.

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

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

50 S. MILITARY TRAIL, SUITE 110, WEST PALM BEACH, FL 33415-3199

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

BOARD OF COUNTY COMMISSIONERS

Palm Beach County

REQUEST FOR QUOTATION

RFQ #300557/AW TITLE: SWIMSUITS, BOARDSHORTS/TRUNKS AND RASHGUARDS, LIFEGUARD,

PURCHASE OF, TERM CONTRACT

BUYER: Albert Wong PHONE (561) 616-6823

FAX (561) 242-6723 E-MAIL: awong@pbcgov.org

**** FAXED OR E-MAILED RESPONSES ACCEPTABLE ****

To ensure that your offer is considered, it must be received in Palm Beach County Purchasing no later than 4:00 P.M., PALM BEACH COUNTY LOCAL TIME, by the submission date. Offers received after this time will not be considered.

This Request for Quotation, General Conditions, Instructions to Vendors, Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this RFQ 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.

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR VENDORS

GENERAL CONDITIONS

The following Terms and Conditions are applicable to this purchase order/contract entered into by and between Palm Beach County (referred to as County) and Vendor.

1. CONDITIONED OFFERS

Vendors are cautioned that any condition, qualification, provision, or comment in their quote, or in other correspondence transmitted with their quote, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their quote and shall be considered as non-responsive.

2. MODIFICATIONS

No modifications of this order/contract, including but not limited to these terms and conditions, shall be binding upon County unless approved by an authorized representative of County’s Purchasing Department.

3. ASSIGNMENTS

Assignments are prohibited unless prior written consent is given by the County and the Vendor.

4. EXCUSABLE DELAYS

The County may grant additional time for any delay if the delay will not adversely impact the best interest of the County and is due to causes beyond the control of the Vendor. Such grant must be in writing and made part of the order/contract.

5. DEFAULT

The County may, by written notice of default to the successful vendor, terminate the order/contract in whole or in part if the successful vendor fails to satisfactorily perform any provisions of this solicitation or resultant order/contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant order/contract, or provides repeated non-performance, or does not remedy such failure within a period of ten (10) days (or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates this order/contract in whole or in part because of default of the successful vendor, the County may procure goods and/or services similar to those terminated, and the successful vendor shall be liable for any excess costs incurred due to this action.

If it is determined that the successful vendor was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the successful vendor), the rights and obligations of the parties shall be those provided in “Termination For Convenience”.

6. TERMINATION FOR CONVENIENCE

The County may, whenever the interests of the County so require, terminate the order/contract, in whole or in part, for the convenience of the County upon five (5) days written notice to Vendor. Unless directed otherwise in the notice of termination, the Vendor shall incur no further obligations in connection with the order/contract.

7. REMEDIES

No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.

8. NO THIRD PARTY BENEFICIARY

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 vendor.

9. FOB

The F.O.B. point shall be destination. If the County agrees, freight charges may be prepaid by the Vendor and listed on the invoice; however, Vendor retains title and assumes all responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages.

10. PAYMENT TERMS

In order for Palm Beach County to make payment, the Vendor’s Legal Name; Vendor’s Address; and Vendor’s TIN/FEIN Number on the successful vendor’s quote must be exactly the same as it appears on the invoice and in Palm Beach County’s VSS system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService.

Payment shall be made by the County after goods / services have been received, accepted and properly invoiced as indicated in the contract and https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

/ or order. Invoices must bear the purchase order number. The Florida Prompt Payment Act is applicable to this solicitation. Interest penalties will only be paid in accordance with the Florida Prompt Payment Act, Florida Statute 218.70.

Note: Palm Beach County Vendors can now be paid by Credit Card via the County’s voluntary Payment Manager Program. For vendors who don’t have a merchant account, one is needed to utilize the Program. For vendors with a merchant account, you will need to enroll with the Palm Beach County Clerk & Comptroller’s office. For information, contact the Palm Beach County Clerk & Comptroller at pbcpaymentmgr@mypalmbeachclerk.com or 561-355-3295.

11. INVOICING

Successful vendors shall send ALL ORIGINAL invoices to the following address and may send copies of invoices to the Palm Beach County Department requesting the goods/services. Invoices submitted on carbon paper shall not be accepted.

PALM BEACH COUNTY

FINANCE DEPT.

P.O. BOX 4036

WEST PALM BEACH, FL 33402-4036

12. TAXES

The County is exempt from Federal and State taxes.

13. PURCHASE ORDER

The County will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips and all correspondence concerning the order.

14. ORDER/CONTRACT

Vendor agrees that by submitting an offer (i.e. Request for Quotation) which is accepted by the County (i.e. Purchase Order, Term Contract Notice) a binding contract is formed in accordance with the County’s terms, conditions and specifications as set forth in the solicitation and this purchase order. Vendor certifies that the offer has been made by an officer or employee having the authority to bind the Vendor. Accordingly, payment will only be made to the company and the address as provided in the Vendor’s offer unless prior written authorization is received from the County.

15. PRICING

(a) Unless specifically requested in the specifications, any response containing modifying or escalation clauses shall be rejected.

(b) The price offered must be in accordance with the unit of measure provided on the response page(s). One (1) space or line requires only one (1) single, fixed unit price. Anything other than a single, fixed unit price shall result in the rejection of your response.

(c) Vendor warrants by virtue of submitting an offer that prices shall remain firm for a period of ninety (90) days from the date of opening to allow for evaluation and award.

(d) Prices shall remain firm for the initial and any subsequent term.

(e) All unit prices offered should be within two (2) decimal points. If vendor’s pricing offered exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly.

(f) In the event of mathematical error(s), the unit price shall prevail and the vendor’s total offer shall be corrected accordingly. QUOTES

HAVING ERASURES OR CORRECTIONS MUST BE INITIALED

BY THE VENDOR PRIOR TO SUBMISSION TIME. IF THE

CORRECTION IS NOT PROPERLY INITIALED, OR IF THE INTENT

OR LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE RFQ

SHALL BE REJECTED.

16. DELIVERIES

Deliveries are to be made Monday through Friday, excluding holidays, unless otherwise stipulated.

17. INSPECTION/ACCEPTANCE

All goods and/or services provided on this Purchase Order are subject to inspection and acceptance upon receipt or completion by an authorized representative of the County.

18. QUANTITIES

Quantities specified in the order/contract cannot be changed without County approval. Goods shipped in excess of quantity designated may be returned at Vendor’s expense.

19. 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-2017-1770, as may be amended, the successful vendor warrants and represents that throughout the term of the contract, including any renewals thereof, 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 or expression, or genetic information. Failure to meet this requirement shall be considered a default of contract.

20. LEGAL REQUIREMENTS

The Vendor must strictly comply with all Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the goods and/or services provided herein. The UCC shall prevail as the basis for contractual obligations between the Vendor and the County for any terms and conditions not addressed. The County shall not be liable to the Vendor for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of this order/contract, or from any other matter generated by or relating to this order/contract.

21. 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 shall 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 and subcontractors of vendors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be 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 may be amended. The vendor is solely responsible for understanding the financial, schedule, and staffing implications of this Ordinance. Further, the vendor acknowledges that its pricing offered includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

22. PUBLIC ENTITY CRIMES

In accordance with the Florida Public Entity Crime Statute 287.132.133, persons and affiliates who are entering into a contract or performing any work in furtherance with Palm Beach County certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) months immediately preceding the date hereof. This notice is required by Florida Statute 287.133 (3) (a).

23. SBE PROGRAM

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 and services 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 vendor being deemed responsive to SBE requirements.

mailto:pbcpaymentmgr@mypalmbeachclerk.com

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.

Item 2 – Contract Award Criteria For purchases made as a result of this solicitation, the County shall make an award to the vendor who is certified as a small business with Palm Beach County and who is within 10% of the lowest responsive, responsible vendor, providing that the small business is also deemed responsive and responsible to the terms and conditions of the solicitation.

Item 3 – SBE Certification Only those firms certified as a small business enterprise by Palm Beach County at the time of quote 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 vendor to confirm the certification of any proposed SBE; therefore, it is recommended that vendors visit the on-line Vendor Directory at www.pbcgov.org/osba to verify SBE certification.

Item 4 – Decertification As part of the consideration for quote award under the SBE Ordinance, any firm/proposer decertified by Palm Beach County shall be considered non-responsive to the SBE requirements.

24. LOCAL PREFERENCE ORDINANCE

In accordance with the Palm Beach County Local Preference Ordinance, a preference may be given to (1) quoters having a permanent place of business in Palm Beach County or (2) quoters having a permanent place of business in the Glades that are able to provide the goods or services within the Glades.

A. Glades Local Preference: Pursuant to the Palm Beach County Local

Preference Ordinance, a 5% Glades Local Preference is given when a Glades business offers to provide the goods or services that will be procured for use in the Glades. If the lowest responsive, responsible quoter is a non-Glades business, all quotes received from responsive, responsible Glades businesses may be decreased by 5%. The original quote amount is not changed. The 5% decrease given for the Glades Local Preference is calculated only for the purpose of determining ranking and award.

B. Local Preference: Pursuant to the Palm Beach County Local

Preference Ordinance, a 5% Local Preference is given to quoters having a permanent place of business in Palm Beach County. If the lowest responsive, responsible quoter is a non-local business; all quotes received from responsive, responsible local businesses may be decreased by 5%. The original quote amount is not changed. The 5% decrease given for the Local Preference is calculated only for the purpose of determining ranking and award.

C. To receive a Glades Local Preference or a Local Preference

(collectively referred to as “local preference”), a quoter must have a permanent place of business in existence prior to the County’s issuance of this Request for Quotation. A permanent place of business means that the quoter’s headquarters is located in Palm Beach County or in the Glades, as applicable; or, the quoter has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the quoter will produce a substantial portion of the goods or services to be purchased. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless the quoter is exempt from the business tax receipt requirement by law, and will be used to verify that the quoter had a permanent place of business prior to the issuance of this Request for Quotation. In addition, the attached “Certification of Business Location” and Business Tax Receipt must accompany the quote at the time of quote submission. The Palm Beach County Business Tax Receipt and this Certification are the sole determinant of local preference eligibility.

Errors in the completion of this Certification or failure to submit this completed Certification will cause the quoter to not receive a local preference.

25. INDEMNIFICATION

To the extent authorized by law, Vendor shall indemnify, save and hold harmless the County, its employees and agents against any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any act or omission by the Vendor, or its employees, agents, subcontractors or assignees pursuant to the terms and conditions of this order/contract.

26. SAFETY DATA SHEETS (SDS)

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

27. ENDORSEMENTS

No endorsements by the County of the goods and/or services will be used by the Vendor in any way, manner or form.

28. VENUE AND GOVERNING LAW

Any and all legal action necessary to enforce the award or the resultant order/contract will be held in a court of competent jurisdiction located in Palm Beach County, Florida. Any and all legal action necessary to enforce the award or the resultant order/contract shall be governed by the laws of the State of Florida.

29. PUBLIC RECORDS, ACCESS AND AUDITS

The vendor agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings or data relating to the Contract which have been created as a part of the vendor’s services or authorized by the COUNTY as a reimbursable expense, whether generated directly by the vendor, or by or in conjunction or consultation with any other party whether or not a party to the Contract, whether or not in privity of contract with the COUNTY or the bidder, and wherever located shall be the property of the COUNTY.

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 vendor might consider to be confidential. All submitted information that the responding vendor believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential.

The vendor 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 Order/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 Vendor’s place of business.

Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Vendor : (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2), F.S., the Vendor shall comply with the requirements of Section 119.0701, F.S., as it may be amended from time to time. The Vendor is specifically required to:

(a) Keep and maintain public records required by the County to perform services as provided under this Order/Contract.

(b) Upon request from the County’s Custodian of Public Records

(“County’s Custodian”) or County’s representative/liaison, on behalf of the County’s Custodian, provide the County 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, F.S. or as otherwise provided by law. The Vendor further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time.

(c) Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Order/Contract term and following completion of the Order/Contract, if the Vendor does not transfer the records to the public agency. Nothing contained herein shall prevent the disclosure of or the provision of records to the County.

(d) Upon completion of the Order/Contract, the Vendor shall transfer, at no cost to the County, all public records in possession of the Vendor unless notified by County’s representative/liaison, on behalf of the County’s Custodian, to keep and maintain public records required by the County to perform the service. If the Vendor transfers all public records to the County upon completion of the Order/Contract, the Vendor shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the Order/Contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically by the Vendor must be provided to the County, upon request of the County’s Custodian or the County’s representative/liaison, on behalf of the County’s Custodian, in a format that is compatible with the information technology systems of County, at no cost to County.

Vendor acknowledges that it has familiarized itself with the requirements of Chapter 119, F. S., and other requirements of state law applicable to public records not specifically set forth herein. Failure of the Vendor to comply with the requirements of this Section, Chapter 119, F.S. and other applicable requirements of state law, shall be a material breach of this Order/Contract. County shall have the right to exercise any and all remedies available to it for breach of contract, including but not limited to, the right to terminate for cause.

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

ORDER/CONTRACT, PLEASE

CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT RECORDS

REQUEST, PALM BEACH COUNTY

PUBLIC AFFAIRS DEPARTMENT, 301

N. OLIVE AVENUE, WEST PALM

BEACH, FL 33401, BY E-MAIL AT

RECORDSREQUEST@PBCGOV.ORG

OR BY TELEPHONE AT 561-355-6680.

30. SALES PROMOTIONS / PRICE REDUCTIONS / MOST FAVORED

CUSTOMER

Should sales promotions occur during the term of the order/contract that lower the price of the procured item, the successful vendor shall extend to the County the lower price offered by the manufacturer on any such promotional item. Further, any price decreases effectuated during the order/contract period by reason of market change or otherwise, shall be passed on to the County. Additionally, anytime after award, the vendor may offer a reduced price which shall remain in effect for the duration of the order/contract. The successful vendor warrants that the price(s) shall not exceed the successful vendor’s price(s) extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the successful vendor offers more favorable pricing to one of its customer(s), the successful vendor shall extend to the County the same pricing or the then current market price, whichever is lower.

31. PERFORMANCE DURING EMERGENCY

By submitting a response, vendor agrees and promises that, immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, Palm Beach County shall be given “first priority” for all goods and services under this order/contract. Vendor agrees to provide all goods and services to Palm Beach County immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a “first priority” basis. Vendor shall furnish a 24-hour phone number to the County. Failure to provide the goods or services to the County on a first priority basis immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute breach of contract and subject the bidder to sanctions from doing further business with the County.

32. PALM BEACH COUNTY OFFICE OF THE

INSPECTOR GENERAL AUDIT REQUIREMENTS

Pursuant to Palm Beach County Code, Section 2-421-2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud.

33. BUSINESS INFORMATION

If vendor is a Joint Venture for the goods/services described herein, vendor shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties.

34. ANNUAL APPROPRIATIONS

The County’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners for subsequent fiscal years.

35. CONFLICT OF INTEREST

Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required by this contract as provided for in Chapter 112, Part III, Florida Statutes and the Palm Beach County Code of Ethics. Vendor further represents that no person having any conflict of interest shall be employed for said performance or services. Vendors shall disclose the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, vendor shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the vendor’s firm or any of its branches.

36. SCRUTINIZED COMPANIES

As provided in F.S. 287.135, by entering into an Order/Contract or performing any work in furtherance hereof, the Vendor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S.

215.4725.

If the County determines, using credible information available to the public, that a false certification has been submitted by Vendor, the resulting Order/ Contract from this Request for Quotation may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Order/Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Order/Contract renewal.

37. RFQ SUBMISSION

All responses must be submitted on the provided Request for Quotation “Response” Form. Responses on vendor letterhead/quotation forms shall not be accepted. Responses must be typewritten, or written in ink and must be signed by an agent of the company having authority to bind the company or firm. FAILURE TO

SIGN THE RESPONSE FORM WHERE INDICATED SHALL BE CAUSE

FOR REJECTION OF THE RFQ. Responses are to be submitted to the Palm Beach County Purchasing Department no later than the time indicated on the solicitation preamble.

38. CERTIFICATIONS, LICENSES AND PERMITS

Unless otherwise directed by the Local Preference term stated above, or the Special Conditions of this RFQ, vendor should include with its mailto:RECORDSREQUEST@PBCGOV.ORG response 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 vendor shown on the response page. It shall also be the responsibility of the successful vendor to maintain a current Local Business Tax Receipt (Occupational License) for Palm Beach County and all permits required to complete the 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 vendor should include the current Local Business Tax Receipt (Occupational License) issued to the vendor in the response. It is the responsibility of the successful vendor 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.

SPECIAL CONDITIONS

39. GENERAL / SPECIAL CONDITION PRECEDENCE

In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence.

40. AWARD (ALL-OR-NONE)

Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all-or-none, total offer basis. Therefore, it is necessary for a bidder to bid on every item in order to have a bid considered. It is also required that the bidder carefully consider each item, and make sure that each one meets the specifications as indicated. In the event that one item does not meet such specifications the entire bid will be considered non-responsive. Additionally, if a bidder enters a No Bid, or N/A for any item, they will be considered non-responsive.

41. METHOD OF ORDERING (TERM CONTRACT)

A contract shall be issued for a term of TWELVE (12) months or until the estimated amount is expended, at the discretion of the County. The County will order on an “as needed” basis.

42. F.O.B. POINT

The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages.

43. DELIVERY

For initial order, artwork shall be submitted to ordering department before applying to garments. Large orders (more than 20 items) requiring embroidery/imprinting, delivery shall be within THIRTY (30) calendar days after receipt of term contract delivery order (DO). For small or repeat orders requiring embroidery/imprinting, delivery is required within TWENTY (20) calendar days. If a modified delivery date has been requested by the successful vendor, approval shall be made in writing by the Purchasing Director or his/her designee. Failure of the successful vendor to perform to the delivery requirement is sufficient cause for default and termination of the contract. All shipment errors on the part of the vendor shall be handled as an expedited purchase to be resolved in SEVEN (7) days.

44. SAMPLES (UPON REQUEST)

Bidders shall provide, without cost to the County, samples of requested items. Samples may be used in addition to documentation provided by a bidder to show compliance to technical specifications. Upon request, the County will return undestroyed samples to the unsuccessful bidders, at the bidder’s expense. Each individual sample must be labeled with bidder’s name, manufacturer’s brand name and number, Request for Quote (RFQ) number and RFQ item reference.

Requests for return of samples must be received with the sample and shall include return instructions with shipping authorization and name of carrier. If these instructions are not received, the commodities shall be disposed of by Palm Beach County at its discretion.

45. AS SPECIFIED

A term contract delivery order (DO) will be issued to the successful bidder with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not delivered as specified.

46. QUANTITY

The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the bid response page.

47. RENEWAL OPTION

The successful bidder shall be awarded a contract for TWELVE (12) months with the option to renew for FOUR (4) additional TWELVE (12) month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. The unit prices bid shall apply for the initial term and each renewal period. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners.

A renewal shall be revoked if the successful bidder is suspended by the Purchasing Department prior to the commencement of the renewal period.

48. INFORMATION AND DESCRIPTIVE LITERATURE (Brand Name “or equal”)

Unless otherwise stated in these specifications, any manufacturer’s names, trade names, brand names, information or catalog numbers listed in this specification are for information and not intended to limit competition. When the phrase “or equal” is used, the bidder may offer any manufacturer/brand for which they are an authorized dealer/distributor/reseller, which meets or exceeds the specifications for any item listed in the solicitation.

When offering the “exact” manufacturer/brand and part/model number specified, bidder shall check the applicable box on the response page.

When offering an “or equal” manufacturer/brand and part/model number, bidder shall check the applicable box on the response page, specifically, “OFFERING EQUAL PRODUCT” and enter the manufacturer/brand and manufacturer/brand part/model number in the spaces provided on the response page.

If bidder fails to complete the manufacturer/brand offered and part/model number offered for an “or equal”, the response shall be rejected.

Unless offering the specified manufacturer/brand and part/model numbers, the bidder shall submit with their response, manufacturer cut sheets, sketches, descriptive literature and/or complete specifications for said item(s). Literature shall provide EXACT matching product numbers to those offered on the response page and sufficient detail to verify compliance to the specifications. Reference to literature submitted with a previous bid/quote or literature which has been created by any entity other than the manufacturer shall not satisfy this provision.

The County reserves the sole right to determine acceptance of the offered item (s) as an approved equal. The failure of the descriptive literature to show that the item(s) offered conforms to the requirements of this solicitation shall result in the rejection of the response.

Note: At the sole discretion of Palm Beach County, samples may be requested, after the submittal date, to complete and/or verify compliance to the specifications.

49. WARRANTY

The successful bidder shall furnish factory/manufacturer warranty on all equipment furnished hereunder against defect in materials and/or workmanship. The factory/manufacturer warranty shall become effective on the date of delivery and acceptance by Palm Beach County. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the successful bidder shall repair or replace same at no cost to Palm Beach County.

50. PACKAGING / SHIPPING LABELS

Each carton, case, and/or package delivered as a result of this contract shall include a shipping label and packing slip. Each shipping label shall specify the term contract delivery order (DO) number, and the carton/case/package number per total number of cartons/cases/packages shipped for the order. Each packing slip (and all required copies) shall specify the successful bidders name, part number, part description, and the quantity for each part delivered. Parts delivered in the original manufacturer’s cartons/cases/packages are acceptable, and each carton/case/package shall be labeled or marked with specific information including but not limited to manufacturer’s name, part number, product type and style, brand name, size, weight, dimensions, compositional materials, and carton/case/package quantity.

SPECIFICATIONS

PURPOSE AND INTENT

The sole purpose and intent of this Request for Quotation (RFQ) is to secure firm fixed pricing and establish a term contract for the purchase of lifeguard swimsuits, boardshorts/trunks and rashguards for Palm Beach County.

COUNTY’S RESPONSIBILITIES

The County shall:

• Contact the successful vendor at time of placing first initial order to request and approve a sample of artwork before requiring delivery of order.

• Order on an as needed basis.

SUCCESSFUL VENDOR’S RESPONSIBILITIES

The successful vendor shall:

• Embroider all swimsuits and boardshorts/trunks with “GUARD+”. Embroidery for Women’s items (excluding rashguards) shall be applied across the front bust area. Embroidery for Men’s items (excluding rashguards) shall be applied to the front lower left side. Embroidery shall be all white.

• Imprint rashguards with “GUARD+”. Imprint shall be applied across the front bust area. Imprint shall be all white.

• Use the best method available in the industry to ensure embroidery/imprint hold up to various elements (i.e., sun, salt water, chlorine, etc.).

• Be bound by all terms, conditions, and requirements specified herein.

TECHNICAL REQUIREMENTS

Items offered shall be manufactured by the stated brand name, or equal. Equivalent items shall substantially meet or exceed the specifications as well as the salient characteristics noted below:

ITEM NO. 1 - Swimsuit, Women’s, Polyester Rescue Bikini, Original Waterman #PWSB, or equal.

Style: Two (2) Piece, Two (2) Layer, X Back Top, Built-In Support Band, Draw Cord Bottom, Fully Lined Front and Back. Cover-Stitched Leg Openings.

Strap: Thin Fabric: 100% Chlorine Block Polyester, UPF 50+ Color: Navy Sizes: Youth: S (6-7), M (7-8), L (10-12), Adult: S (3-5), M (6-7), L (8-10), XL (11-13) Embroidery: GUARD+

ITEM NO. 2 - Swimsuit, Women’s, X-Back Elite with Embroidery, Original Waterman #PXB-E-EMB, or equal.

Style: One (1) Piece, Two (2) Layer, X Back Top, Micro Shaping, Flat Locked, Reinforced Strapping Strap: Thin Fabric: 4-Way Stretch 100% Chlorine Block Color Fast Polyester Color: Navy Sizes: Adult: 24 through 42 (XXS – 2XL) Embroidery: GUARD+

ITEM NO. 3 - Swimsuit, Women’s, Racer Tank, Original Waterman #PRT-E-EMB, or equal.

Style: One (1) Piece, Built-In Bra, Fully Lined Front/Back, Anti-Bacterial Strap: Thick Fabric: 4-Way Stretch 100% Chlorine Block Polyester Color: Navy Sizes: Adult: 28 through 42 (XS – 2XL) Embroidery: GUARD+

ITEM NO. 4 - Swimsuit, Women’s, Surf Bikini, Original Waterman #ESB, or equal.

Style: Two (2) Piece, Two (2) Layer, Fully Adjustable Cross-Back, Draw-Cord Waist Strap: Thin Fabric: 100% Chlorine Block Polyester Color: Navy Sizes: Adult 3 through 13 (S – XL) Embroidery: GUARD+

ITEM NO. 5 - Swimsuit, Women’s, Durafast One Solid Bikini, TYR #BDRF7A, or equal.

Style: Two (2) Piece, Fully Lined, Strap Binding System, Draw-Cord Waist Strap: Thin Fabric: 100% Polyester, Chlorine Proof, UPF 50+ Color: Navy Sizes: Adult: 28 through 38 (XXS – XL) Embroidery: GUARD+

ITEM NO. 6 - Swimsuit, Women’s, Performance Hybrid Suit, Original Waterman #PHS-EMB, or equal.

Style: One (1) Piece, Fully Lined, Full Cut Strap: Thin Fabric: 94% Polyester / 6% Spandex Blend, 20X Chlorine Resistance Color: Navy Sizes: Adult: 26 through 42 (XXS – 2XL) Embroidery: GUARD+

ITEM NO. 7 - Swimsuit, Men’s, Watermen Short, Original Waterman #LIN-NAVY, or equal.

Style: Flat Lock Seams, Two (2) Layer Front with Drawcord Fabric: 80% Extra Life Nylon Lycra / 20% Elastane, UPF 50+ Color: Navy Sizes: Adult: 28 through 38 (S – XL) Embroidery: GUARD+

ITEM NO. 8 – Boardshort, Women’s, The Betty, Original Waterman #WK7, or equal.

Style: 5” Inseam, Back Pocket with Velcro Closure, Stitched Drain Eyelet and Grommet Tie Waist Fabric: 4-Way Ultra Stretch 94% Polyester / 6% Spandex Color: Navy Sizes: Adult: 1 through 13 (XS – XL) Embroidery: GUARD+

ITEM NO. 9 – Boardshort, Men’s, The Bondi Boardshort, Original Waterman #BONDI, or equal.

Style: 9” Inseam, Oversized Closure Pocket with Locking Loop Fabric: 4-Way Ultra Stretch 94% Polyester/ 6% Spandex Color: Navy Sizes: Adult: 20 through 44 (YXS – 3XL) Embroidery: GUARD+

ITEM NO. 10 – Trunks, Men’s, Performance Stretch Rescue Short, Original Waterman #LBS-STR-EMB, or equal.

Style: 6” Inseam, Moisture Wicking, Anti-Chaf, Cool-Plus Liners, Three (3) Large Sand and Water Drainage Pockets Fabric: 4-Way Ultra Stretch 94% Polyester / 6% Spandex Color: Navy Sizes: Adult: 30 through 42 (S – 4XL) Embroidery: GUARD+

ITEM NO. 11 – Trunks, Women’s, Aloha Short, Original Waterman #WWKL, or equal.

Style: 4” Inseam, Guard Woven Inside Waist Band With 3"X4" Microshield Pocket Inside. Streamlined Side Vents Fabric: 4-Way Ultra Stretch 94% Polyester / 6% Spandex Color: Navy Sizes: Adult: XXS – 2XL Embroidery: GUARD+

ITEM NO. 12 – Rashguard, Poly Long Sleeve, Original Waterman #RSHLP-NVY, or equal.

Style: Ultra-Tight, Second-Skin Fit, Flat-Lock Seam Construction Fabric: 100% Chlorine Block Polyester, UPF 50+ Color: Navy Sizes: Youth: S – L, Adult: S - 2XL Imprint: GUARD+

ITEM NO. 13 – Rashguard, Poly Short Sleeve, Original Waterman #RSSHP-NVY, or equal.

Style: Ultra-Tight, Second-Skin Fit, Flat-Lock Seam Construction Fabric: 100% Chlorine Block Polyester, UPF 50+ Color: Navy Sizes: Youth: S – L, Adult: S - 2XL Imprint: GUARD+

INFORMATION AND DESCRIPTIVE LITERATURE (Brand Name “or equal”)

Unless otherwise stated in these specifications, any manufacturer’s names, trade names, brand names, information or catalog numbers listed in this specification are for information and not intended to limit competition. When the phrase “or equal” is used, the bidder may offer any manufacturer/brand for which they are an authorized dealer/distributor/reseller, which meets or exceeds the specifications for any item listed in the solicitation.

When offering the “exact” manufacturer/brand and part/model number specified, bidder shall check the applicable box on the response page.

When offering an “or equal” manufacturer/brand and part/model number, bidder shall check the applicable box on the response page, specifically, “OFFERING EQUAL PRODUCT” and enter the manufacturer/brand and manufacturer/brand part/model number in the spaces provided on the response page.

If bidder fails to complete the manufacturer/brand offered and part/model number offered for an “or equal”, the response shall be rejected.

Unless offering the specified manufacturer/brand and part/model numbers, the bidder shall submit with their response, manufacturer cut sheets, sketches, descriptive literature and/or complete specifications for said item(s). Literature shall provide EXACT matching product numbers to those offered on the response page and sufficient detail to verify compliance to the specifications. Reference to literature submitted with a previous bid/quote or literature which has been created by any entity other than the manufacturer shall not satisfy this provision.

The County reserves the sole right to determine acceptance of the offered item (s) as an approved equal. The failure of the descriptive literature to show that the item(s) offered conforms to the requirements of this solicitation shall result in the rejection of the response.

Note: At the sole discretion of Palm Beach County, samples may be requested, after the submittal date, to complete and/or verify compliance to the specifications.

COUNTY ACCEPTANCE

Delivered items shall not be considered “accepted” until an authorized agent for the County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The County may return, at the expense of the successful vendor and for a full refund, any item(s) received which fails to meet the County’s specifications or performance standards.

PAYMENT

Payment will be based on the price(s) offered on the response page. Payment shall be rendered ONLY upon the County’s satisfaction and acceptance of item(s) delivered. Price shall include, but is not limited to, all supervision, labor, equipment, materials, tools, machinery, transportation and other facilities and services necessary to fully provide the item(s) as specified above.

RESPONSE PAGE

ITEM

NO. DESCRIPTION

ESTIMATED

ANNUAL

QUANTITY

UNIT UNIT PRICE TOTAL OFFER

1. Swimsuit, Polyester Rescue Bikini, as specified herein.

Check one of the following:

OFFERING Original Waterman #PWSB

OR

OFFERING EQUAL PRODUCT:

MFR/BRAND

OFFERED:______________________________

(MUST BE FILLED IN)

MFR/BRAND PART/

MODEL # OFFERED:______________________

(MUST BE FILLED IN)

(MFR/BRAND and MFR/BRAND PART/MODEL # OFFERED MUST

MATCH DESCRIPTIVE LITERATURE PROVIDED BY VENDOR

UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND

AND PART/MODEL NUMBER)

120 EA $ $

2. Swimsuit, Women’s, X-Back Elite, as specified

OFFERING Original Waterman #PXB-E-EMB

(MUST BE FILLED IN)

MFR/BRAND PART/

MODEL # OFFERED:______________________

(MUST BE FILLED IN)

(MFR/BRAND and MFR/BRAND PART/MODEL # OFFERED MUST

MATCH DESCRIPTIVE LITERATURE PROVIDED BY VENDOR

UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND

AND PART/MODEL NUMBER)

70 EA $ $

All unit prices bid should be within two (2) decimal points. If vendor’s pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly.

CONTINUED…

FIRM NAME: ______________________________________________________________________________________________________________

ESTIMATED

ANNUAL

QUANTITY

UNIT UNIT PRICE TOTAL OFFER

3. Swimsuit, Women’s, Racer Tank, as specified

OFFERING Original Waterman #PRT-E-EMB

(MUST BE FILLED IN)

MFR/BRAND PART/

MODEL # OFFERED:______________________

(MUST BE FILLED IN)

(MFR/BRAND and MFR/BRAND PART/MODEL # OFFERED MUST

MATCH DESCRIPTIVE LITERATURE PROVIDED BY VENDOR

UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND

AND PART/MODEL NUMBER)

30 EA $ $

4. Swimsuit, Women’s, Surf Bikini, as specified

OFFERING Original Waterman #ESB

(MUST BE FILLED IN)

MFR/BRAND PART/

MODEL # OFFERED:______________________

(MUST BE FILLED IN)

(MFR/BRAND and MFR/BRAND PART/MODEL # OFFERED MUST

MATCH DESCRIPTIVE LITERATURE PROVIDED BY VENDOR

UNLESS OFFERING THE SPECIFIED MANUFACTURER/BRAND

AND PART/MODEL NUMBER)

60 EA $ $

All unit prices bid should be within two (2) decimal points. If vendor’s pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or

FIRM NAME: ______________________________________________________________________________________________________________

ESTIMATED

ANNUAL

QUANTITY

UNIT UNIT PRICE TOTAL OFFER

5. Swimsuit, Women’s, Durafast One Solid Bikini, as specified herein.

OFFERING TYR #BDRF7A

(MUST BE FILLED IN)

MFR/BRAND PART/

MODEL # OFFERED:______________________

(MUST BE FILLED IN)

(MFR/BRAND and MFR/BRAND PART/MODEL # OFFERED MUST

MATCH DESCRIPTIVE LITERATURE PROVIDED BY VENDOR

UNLESS…