Board of County Commissioners County Administrator

Dave Kerner, Mayor Verdenia C. Baker Robert S. Weinroth, Vice Mayor Maria G. Marino Gregg K. Weiss Maria Sachs Melissa McKinlay Mack Bernard Purchasing Department www.pbcgov.org/purchasing

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION

RFQ #900487/LP

PAINT, PURCHASE AND DELIVERY, TERM CONTRACT

RFQ SUBMISSION DATE: MAY 17, 2021 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. If vendor intends to use subcontractors, vendor must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until the County has verified that the contractor and all of its subcontractors are registered in VSS. 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 #900487/LP TITLE: Paint, Purchase and Delivery, Term Contract

BUYER: Leelah Parsons PHONE (561) 616-6814

FAX (561) 242-6714 E-MAIL: Lparsons@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 / 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; HOWEVER, IF

THE CORRECTION IS NOT PROPERLY INITIALED, BUT THE

INTENT OR LEGIBILITY OF THE CORRECTION IS CLEAR, THE

RFQ SHALL NOT 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

A. COMMERCIAL NON-DISCRIMINATION :

Item No. 1: Vendor’s Representations and Agreement.

The Vendor represents and warrants that it will comply with the County’s Commercial Nondiscrimination Policy as described in Resolution 2017-1770 as amended. As part of such compliance, the Vendor shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the Vendor retaliate against any person for reporting instances of such discrimination. The Vendor shall provide equal opportunity for subcontractors, subconsultants vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the County’s relevant marketplace in Palm Beach County. The Vendor understands and agrees that a material violation of this clause shall be considered a material breach of contract and may result in termination of the contract, disqualification or debarment of the Vendor from participating in County contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

Item No. 2: Vendor’s Agreement to Apply to Subcontracts

The Vendor covenants and agrees to include the commercial non-discrimination clause in all subcontractor agreements.

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-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.

mailto:pbcpaymentmgr@mypalmbeachclerk.com

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. S/M/WBE PROGRAM

PLEASE NOTE THAT ALL FORMS RELATED TO THE EBO

PROGRAM CAN BE FOUND AT

http://discover.pbcgov.org/oebo/Pages/Documents.aspx

Item 1 – Policy It is the policy of the Board that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County’s procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code, (EBO Ordinance) which sets forth the County’s requirements for the EBO Program, and which is incorporated in this solicitation. A vendor must comply with the requirements contained in this Section for a vendor to be deemed responsive to the solicitation requirements. The provisions of the EBO 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 – Quote Submission Documentation S/M/WBE vendors, responding as prime contractors or consultants, 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 all subcontractor or subconsultant, including S/M/WBE subcontractors and subconsultants. Failure to include this information on Schedule 1 will result in the participation by the S/M/WBE prime vendors own workforce NOT being counted towards meeting the S/M/WBE goal.

This requirement applies even if the S/M/WBE vendor intends to perform 100% of the work with their own workforce.

S/M/WBE Subcontractor/subconsultant documentation shall be submitted as follows:

Schedule 1 - List of Proposed Subcontractors/Subconsultants A completed Schedule 1 submitted by the prime shall list the names of all Subcontractors/subconsultants intended to be used in performance of the contract, if awarded. The total proposed percentage of S/M/WBE participation shall also be included on this form. This schedule shall also be used if an S/M/WBE Prime Contractor/consultant is performing all or any portion of this contract with their work force.

Schedule 2 - Letter of Intent A completed Schedule 2 is a binding document between the Prime Contractor/consultant and a Subcontractor/subconsultant (or any tier) and should be treated as such. The Schedule 2 shall contain bolded language indicating that by signing the Schedule 2, both parties recognize this Schedule as a binding document. Each Schedule 2 shall be properly executed by the Prime Contractor/consultant and by the proposed Subcontractor/subconsultant. If the Prime Contractor/consultant is an S/M/WBE, a Schedule 2 shall be submitted to document work to be performed by its workforce. All S/M/WBE(s) shall specify, in detail, the type of work they will perform along with the dollar amount they will be compensated and/or percentage of work they will perform. If any Subcontractor/subconsultant intends to subcontract any portion of their work, they are required to list the dollar amount and the name of the Subcontractor/subconsultant on this form. All named Subcontractors/subconsultants on this form must also complete and submit a separate Schedule 2. The Prime may count toward its S/M/WBE goal second and third tiered certified S/M/WBE(s); provided that the Prime

Contractor/consultant submits a completed Schedule 2 form for each

S/M/WBE.

A detailed quote or proposal may be attached with a signed Schedule 2.

Failure to submit a properly executed Schedule 1 and 2 will result in no S/M/WBE consideration given.

In the event of a conflict between Schedules 1 and 2 when calculating S/M/WBE participation, the information provided on Schedule 2 shall have precedence.

In the event of mathematical error(s), the unit price, if available, shall prevail and the vendor’s total offer shall be corrected accordingly. If the County’s issuance of an alternate or change order on a project results in changes in the scope of work to be performed by a Subcontractor/subconsultant listed at the time of quote submission, the Prime must submit a, completed and properly executed Schedule 2 that specifies the revised scope of work to be performed by the Subcontractor/subconsultant, along with the price and /or percentage.

Item 4 – S/M/WBE Certification Only those firms certified by Palm Beach County at the time of quote submission shall be counted toward the established S/M/WBE goals.

Upon receipt of a completed application, IT TAKES UP TO NINETY (90)

BUSINESS DAYS TO BECOME CERTIFIED AS AN S/M/WBE WITH

PALM BEACH COUNTY. It is the responsibility of the vendor to confirm the certification of any proposed S/M/WBE; therefore, it is recommended that vendors visit the online Vendor Directory at www.pbcgov.org/oebo to verify S/M/WBE certification status. Firms must continue to recertify during the life of the contract as the County may only count toward the established goal, work performed by an S/M/WBE during the time their certification dates are valid.

Item 5 – Decertification As part of the consideration for quote award under the EBO Ordinance, any firm/proposer decertified by Palm Beach County shall be considered non-responsive to the S/M/WBE requirements.

Item 6 – EBO Program Compliance - Penalties Under the EBO Ordinance, the Office of Equal Business Opportunity (“OEBO”) is required to implement and monitor S/M/WBE utilization during the term of any contract resulting from this solicitation. It is the County’s policy that S/M/WBEs shall have the maximum feasible opportunity to participate in the performance of County contracts. All quoters are required to comply with the EBO Ordinance and shall be expected to comply with the API(s) applicable to this solicitation, as well as the S/M/WBE utilization proposed by a quoter in its quote, which utilization plan forms a part of any resulting Contract.

The Director of the OEBO or designee may require such reports, information, and documentation from the Quoter/Vendor as are reasonably necessary to determine compliance with the EBO Ordinance requirements. Vendor shall correct all noncompliance issues within fifteen

(15) calendar days of a written notice of noncompliance by the department procuring the goods or services or the OEBO. If the Vendor does not resolve the non-compliance within fifteen (15) days of receipt of written notice of non-compliance, then upon recommendation of sanctions by the Director of OEBO or designee in consultation with the Originating Department regarding the failure of a contractor, vendor, respondent or quoter or other business representative to comply with any portion of the EBO Ordinance, the Director of the OEBO or designee (for purposes of imposing penalties, the Purchasing Director shall serve as the OEBO designee) may impose any or all of the following penalties on the non-complying party any or all of the following penalties:

a. Suspension of contract;

b. Withholding of funds;

c. Termination of contract based upon a material breach of contract pertaining to EBO Program compliance;

d. Suspension or Debarment of a respondent or quoter, contractor or other business entity from eligibility for providing goods or services to the County for a period not to exceed three (3) years;

and

e. Liquidated damages equal to the difference in dollar value of S/M/WBE participation as committed to in the contract, and the dollar value of S/M/WBE participation as actually achieved, if applicable.

http://discover.pbcgov.org/oebo/Pages/Documents.aspx http://www.pbcgov.org/oebo

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 vendor, 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 County shall have the right to request and review vendor’s books and records to verify vendor’s compliance with the Contract, adherence to the Equal Business Opportunity (“EBO”) Program and its quote. The County shall have the right to interview subcontractors, and workers at the work site to determine Contract compliance. The vendor shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work for at least five (5) years after completion or termination of the Contract. Vendor shall retain all books and records pertaining to this Contract, including, but not limited to, subcontractor payment records, for five (5) years after project completion date. The County and the Palm Beach County Inspector General shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, in Palm Beach County at any reasonable time during the five (5) years.

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, any time 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 vendor 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. Pursuant to F.S. 287.135(3)(b), if Vendor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, the resulting Contract from this Request for Quotation may be terminated at the option of the County.

37. RFQ SUBMISSION

A. SUBMISSION OF QUOTES: 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.

B. VENDOR’S COMMERCIAL NON-DISCRIMINATION

CERTIFICATION: In accordance with Palm Beach County Code Section 2-80.24, the undersigned vendor hereby certifies and agrees that the following information is correct: In preparing its response to this solicitation, the Vendor has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in the County’s Commercial Nondiscrimination Policy as set forth in Resolution 2017-1770 as amended, to wit: discrimination in the solicitation, selection or commercial treatment of any Subcontractor, vendor, supplier or commercial customer on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the vendor's, supplier's or commercial customer's employees or owners; provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the County’s relevant marketplace of Palm Beach County. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the County to reject the quote submitted by the vendor for this Solicitation, and to terminate any contract awarded based on the response.

At the time of quote submission, the vendor shall provide to the County a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the vendor discriminated against its subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken.

Vendor shall indicate its agreement to the foregoing by signing the Response Page.

Vendor’s failure to meet these requirements shall render its response non-responsive.

mailto:RECORDSREQUEST@PBCGOV.ORG

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 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.

39. E-VERIFY – EMPLOYMENT ELIGIBILITY

Quoter warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended, and that it: (1) is registered with the E-Verify System (E-Verify.gov), and beginning January 1, 2021, uses the E-Verify System to electronically verify the employment eligibility of all newly hired workers; and (2) has verified that all of quoter’s subconsultants performing the duties and obligations of this contract are registered with the EVerify System, and beginning January 1, 2021, use the E-Verify System to electronically verify the employment eligibility of all newly hired workers.

Quoter shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in section 448.095(1)(k), Florida Statutes, as may be amended. Quoter shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this contract which requires a longer retention period.

County shall terminate this contract if it has a good faith belief that quoter has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If County has a good faith belief that quoter’s subconsultant has knowingly violated section 448.09(1), Florida Statutes, as may be amended, County shall notify quoter to terminate its contract with the subconsultant and quoter shall immediately terminate its contract with the subconsultant. If County terminates this contract pursuant to the above, quoter shall be barred from being awarded a future contract by County for a period of one (1) year from the date on which this contract was terminated. In the event of such contract termination, quoter shall also be liable for any additional costs incurred by County as a result of the termination.

THIS IS THE END OF “GENERAL CONDITIONS”

SPECIAL CONDITIONS

40. GENERAL / SPECIAL CONDITION PRECEDENCE

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

41. AWARD (ITEM-BY-ITEM)

Palm Beach County shall award this RFQ to the lowest, responsive, responsible quoter on an item-by-item basis based on the total offer for each item, subject to the S/M/WBE provisions and Local Preference provisions specified herein, as applicable. The County reserves the right to reject quotes which would result in an award which is financially disadvantageous to the County. An award may be considered financially disadvantageous when it would result in an award to a quoter for less than $1,000, or when it would result in awards of multiple small fragments. This policy is predicated on avoidance of increased administrative costs and operational complexity.

42. 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.

43. 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). RFQ responses showing other than F.O.B. destination shall be rejected. Quoter 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.

44. DELIVERY

Delivery shall be required within two (2) calendar days after receipt of term contract delivery order (DO) unless a modified delivery date has been requested by the successful quoter and approved in writing by the Purchasing Director or his/her designee. Failure of the successful quoter to perform to the delivery requirement is sufficient cause for default and termination of the contract.

45. AS SPECIFIED

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

At the option of Palm Beach County, item(s) from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specifications. Quoters shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications.

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, the County will accept NO minimum order requirements.

Additionally, quoters are cautioned to quote in accordance with the unit specified on the RFQ response pages.

47. RENEWAL OPTION

The successful quoter 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 quoted 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 quoter is suspended by the Purchasing Department prior to the commencement of the renewal period.

48. INFORMATION AND DESCRIPTIVE LITERATURE

Quoter shall enter the product name and number on the RFQ response pages. If a quoter does not fill in the product name and number offered for any item, or enters any wording other than the product name and number, the item shall be rejected.

Additionally, the quoter shall submit with their RFQ response, cut sheets, sketches, descriptive literature and/or complete specifications for said item(s). Literature shall provide matching product numbers to those offered on the RFQ Response page(s) and sufficient detail to verify compliance to RFQ specifications. 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 quote. Reference to literature submitted with a previous quote/bid shall not satisfy this provision. The County reserves the sole right to determine acceptance of offered item(s).

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

49. WARRANTY

The successful quoter shall furnish factory/manufacturer warranty on all items and 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 quoter shall repair or replace same at no cost to the County.

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 and delivery of paint for Palm Beach County.

GENERAL

All products shall meet or exceed the highest quality of commercial/industrial standards for the purpose…