F450870.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 FOR FEDERALLY FUNDED GOODS/SERVICES

RFQ # F450870/HS

WELDING SERVICES, TERM CONTRACT

RFQ SUBMISSION DATE: JULY 3, 2018 AT 4:00 P.M.

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

QUOTES SHALL BE SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY.

FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF THE QUOTE RESPONSE.

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

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

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 at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. As amendments to solicitations are issued, they will be posted under the applicable solicitation on VSS. It is the vendor’s sole responsibility to routinely check VSS for any amendments or notifications that may be issued prior to the deadline for receipt of quotes.

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

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

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

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

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

PALM BEACH COUNTY

BOARD OF COUNTY COMMISSIONERS

REQUEST FOR QUOTATION

RFQ #F450870/HS RFQ TITLE: WELDING SERVICES, TERM CONTRACT

BUYER: HOLLY SKEEN TELEPHONE NO.: (561) 616-6828

FAX NO.: (561) 242-6728 E-MAIL ADDRESS: hskeen@pbcgov.org

**** FAXED OR E-MAILED RESPONSES TO THE ABOVE NUMBER OR ADDRESS ARE ACCEPTABLE ****

All quotes must be received on or before July 3, 2018 at 4:00 p.m., Palm Beach County local time. Quotes received after this time shall 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 solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents.

PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure quotes for goods and/or services as listed herein, which shall be paid with federal funds. The selected awardee is hereby placed on notice that acceptance of its quote by Palm Beach County shall constitute a binding contract.

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR QUOTERS

GENERAL CONDITIONS

The following Terms and Conditions are applicable to this Request for Quotation/Contract/Purchase Order entered into by and between Palm Beach County ("County") and Vendor.

1. GENERAL INFORMATION

Quoters are advised that this package constitutes the complete set of specifications, terms, and conditions that forms the binding contract between Palm Beach County and the successful quoter. Changes to this Request for Quotation ("RFQ") may be made only by written amendment issued by the County Purchasing Department. Quoters are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response prior to the published quote submission time. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Quoter certifies that this quote is made without reliance on any oral representations made by the County.

2. LEGAL REQUIREMENTS

a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the quoter shall in no way be a cause for relief from responsibility. The successful quoter shall strictly comply with Federal, State and local building and safety codes.

Equipment shall meet all State and Federal Safety regulations.

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

Any toxic substance provided to the County as a result of this solicitation or resultant contract shall be accompanied by its Safety Data Sheet (SDS).

Unless otherwise provided by federal law, the Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful quoter and Palm Beach County for any terms and conditions not specifically stated in the Request for Quotation.

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 quoter 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.

Quoter and its quoters shall comply with all applicable Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88- 352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of

1972, as amended (20 U.S.C. §§16811683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C.§794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) Rehabilitation Act of 1973 any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Quoter shall comply with the Drug Free Workforce Act of 1988.

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

d. CRIMINAL HISTORY RECORDS CHECK: Pursuant to Palm

Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees of vendors, quoters, and subquoters of quoters, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility (“Critical Facilities”) or a criminal justice information facility (“CJI Facilities”), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as may be amended. In October 2013, compliance requirements of the U. S. Federal Bureau of Investigations CJI Security Policy were added to the Ordinance, which includes a broad list of disqualifying offenses.

The quoter is solely responsible for understanding the financial, schedule, and / or staffing implications of this Ordinance.

Further, the quoter acknowledges that its quote price includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE / FBI fees that shall be paid by the County.

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

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

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

f. LOBBYING / CONE OF SILENCE: Quoters are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a quoter or anyone representing the quoter from communicating with any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its quote, i.e., a “Cone of Silence”. The “Cone of Silence” is in effect from the date / time of the deadline for submission of the quote, and terminates at the time that the Board of County Commissioners or a County Department authorized to act on their behalf, awards or approves a contract, rejects all quotes, or otherwise takes action that ends the solicitation process. Quoters may, however, contact any County Commissioner, County Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication, i.e., facsimile, e-mail or U.S. mail. Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

g. CONFLICT OF INTEREST / GIFT POLICY: The quoter represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in a manner with the performance or services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes and the Palm Beach County Code of Ethics, Sections 2-441 through 2- 448 of the Palm Beach County Code. All quoters 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 quoter’s firm or any of its branches.

The County's Code of Ethics, which applies to all County officials and employees, shall serve as the County’s conflict of interest policy for federal awards.

Additionally, 2 CFR 200.318(c)(1) requires disclosure of a potential conflict of interest and standards of conduct for “organizational conflicts of interest”, which may also apply to non-profit sub-recipients of federal funds; and, gift requirements that are different from those included in the County's Code of Ethics. As such, the following provisions shall also govern in those instances where federal funds are utilized for purchasing goods or services:

1) CONFLICT OF INTEREST: Notwithstanding any provision of Section 2-443 of the Ethics Code, no employee, officer or agent of the County may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or may receive a tangible personal benefit from a vendor considered for a County contract.

In addition, Quoter shall disclose to County in writing all federal criminal law violations involving fraud, bribery or gratuity that potentially affect the award of this solicitation Failure to make the required disclosures can result in withheld payments, award termination, suspension or debarment of the vendor.

2) ORGANIZATIONAL CONFLICT OF INTEREST: The quoter shall not have activities or relationships (a) causing the quoter to be unable, or potentially unable, to render impartial assistance or advice to the County; (b) impairing the quoter's objectivity in performing the contract work; or

(c) resulting in an unfair competitive advantage.

3) GIFT POLICY: Notwithstanding any provision of the Ethics

Code, no quoter, quoter or subquoter who submits a quote, is a party to, or receives a benefit from, this solicitation or the resulting contract shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of the County. Further, no officer, employee, or agent of the County shall solicit or accept, a gratuity, favor, or anything of monetary value from a quoter, quoter or subquoter who submits a quote, is a party to, or receives a benefit from, this solicitation or the resulting contract.

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

i. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful quoter shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and/or causes of action which may arise from any negligent act or omission of the successful quoter, its subquoters, agents, servants or employees during the course of performing services or providing goods pursuant to this solicitation and/or the resultant contract. Further, quoter shall hold County harmless and indemnify County for any funds that the County is obligated to refund the Federal Government arising out of the conduct, activities or administration of the contract by the quoter.

j. PUBLIC RECORDS, ACCESS, AUDITS AND

RETENTION: The quoter 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 quoter’s services or authorized by the County as a reimbursable expense, whether generated directly by the quoter, 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 quoter, 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. All submitted information that the responding quoter 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 quoter shall maintain all records pertaining to the procurement of the goods or services paid with federal funds for a period of three (3) years from the date of submission of the final expenditure report for the entire federal allocation or, for federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the federal awarding agency or pass-through entity. 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 Quoter’s place of business. Exceptions include:

1) If any litigation, claim, or audit is started before the expiration of the three (3) year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.

2) When the County has received written notification to extend the records retention period from the federal awarding agency, agency for audit, oversight agency for audit, agency for indirect costs, or pass-through entity.

3) Records for equipment acquired with federal funds must be retained for three (3) years after final disposition.

4) When records are transferred to or maintained by the federal awarding agency or pass-through entity, the three

(3) year retention requirement is not applicable to the County.

Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Quoter: (i) provides a service; and

(ii) acts on behalf of the County as provided under Section 119.011(2), F.S., the Quoter shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The Quoter is specifically required to:

1) Keep and maintain public records required by the County to perform services provided under the Contract.

2) 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 or as otherwise provided by law. The Quoter 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.

3) Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract, if the Quoter 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.

4) Upon completion of the Contract, the Quoter shall transfer, at no cost to the County, all public records in possession of the Quoter unless notified by County’s representative/liaison, on behalf of the County’s Records Custodian, to keep and maintain public records required by the County to perform the service. If the Quoter transfers all public records to the County upon completion of the Contract, the Quoter shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the Quoter keeps and maintains public records upon completion of the Contract, the Quoter shall meet all applicable requirements for retaining public records. All records stored electronically by the Quoter 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.

Failure of the Quoter to comply with the requirements of this Section, and other applicable requirements of state or federal law, shall be a material breach of the 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 QUOTER HAS QUESTIONS

REGARDING THE APPLICATION

OF CHAPTER 119, FLORIDA

STATUTES, IT IS THE QUOTER’S

DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THE

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,

OR VIA E-MAIL

RECORDSREQUEST@PBCGOV.ORG

OR VIA PHONE 561-355-6680.

k. INCORPORATION, PRECEDENCE, AND JURISDICTION:

This Request for Quotation, and any amendments thereto, shall be included and incorporated in the resulting contract. The resulting contract shall be comprised of the Request for Quotation, the successful quoter's response, and the award letter. Any and all legal action necessary to enforce the award or resulting contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the award or the resulting contract shall be in a court of competent jurisdiction located in Palm Beach County.

The order of legal precedence is as follows: Laws passed by Congress, which are codified in provisions of the United States Code (U.S.C.) applicable to the funding source for this Request for Quotation; Rules or regulations adopted by a federal agency, which are codified in the Code of Federal Regulations(CFR) and applicable to the funding source for this Request for Quotation;

the federal award or funding document for this Request for Quotation; the SuperCircular, inclusive of 2 CFR Sections

200.317 – 200.326; Palm Beach County Code Sections 2-51 – 2-58; and, the Contract, as defined above.

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

m. NO THIRD PARTY BENEFICIARIES: No provision of the

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 the Contract, including but not limited to any citizen or employees of the County and / or successful quoter.

n. DISCRIMINATORY VENDOR LIST, FEDERAL SYSTEM FOR

AWARD MANAGEMENT, and SUSPENSION and

DEBARMENT:

1) DISCRIMINATORY VENDOR LIST: An entity or affiliate who has been placed on the discriminatory vendor list may not: submit a quote on a Contract to provide goods or services to a public entity; submit a quote on a contract with a public entity for the construction or repair of a public building or public work; submit quotes on leases of Real Property to a public entity; award or perform work as a vendor, supplier, subquoter, or consultant under contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915.

2) PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm

Beach County to notify all quoters of the following: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a quote on a contract with a public entity for the construction or repair of a public building or public work, may not submit quotes on leases of real property to a public entity, may not be awarded or perform work as a quoter, supplier, subquoter, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”

3) FEDERAL SYSTEM FOR AWARD MANAGEMENT: A

contract award shall not be made to parties listed on the government-wide exclusions set forth in the System for

Award Management (“SAM”) (found at www.sam.gov), which contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority.

4) DEBARMENT AND SUSPENSION (CERTIFICATION

REQUIRED – See ATTACHMENT I): A completed "Certification Regarding Debarment and Suspension" is required at time of Quote submission. Upon request, the successful quoter agrees to provide the County with subsequent certification(s) for it and/or its suppliers, subquoters and subconsultants after Contract award.

a. This contract is a covered transaction for purposes of

2 C.F.R. 180 and 2 C.F.R. 3000. As such the quoter is required to verify that none of the quoter, its principals (defined at 2 C.F.R. 80.995), or its affiliates (defined at 2 C.F.R. 180.905) are excluded (defined at 2 C.F.R. 180.940) or disqualified (defined at 2 C.F.R. 180.935).

b. The quoter must comply with 2 C.F.R. 180, subpart C and 2 C.F.R.. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

c. This certification is a material representation of fact relied upon by County (subgrantee). If it is later determined that the quoter did not comply with 2 C.F.R. 180, subpart C and 2 C.F.R. 3000, subpart C, in addition to remedies available to the Federal Government serving as grantee and County as subgrantee, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

d. The quoter must comply with the requirements of 2

C.F.R. 180, subpart C and 2 C.F.R. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The quoter or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

o. SCIENTIFIC RESEARCH AND DEVELOPMENT and COPYRIGHT and PATENT RIGHTS: Those solicitations or contracts providing federal funds in support of scientific research and development must comply with the requirements of 37 CFR 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

County shall be the exclusive owner of any patent rights arising as a result of any discovery or invention that arises or is developed in the course of or under this contract. The County shall hold the copyright to works produced or purchased under this contract. The Federal Government holds a royalty-free, non-exclusive and irrevocable license to produce, publish, or to otherwise authorize others to use, for Federal Government purposes, copyrighted material that was developed under a Federal award or purchased under a Federal award.

3. QUOTE SUBMISSION

a. SUBMISSION OF RESPONSES: All quotes must be submitted on the Quote Response Form provided in this Request for Quotation. Quotes provided on vendor letterhead or quotation forms shall not be accepted. Responses must be typewritten, written in ink or a photocopy and must be signed by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE QUOTE

RESPONSE FORM AT THE INDICATED PLACES SHALL BE

CAUSE FOR REJECTION OF THE QUOTE AS BEING NON-

RESPONSIVE. Quote responses are to be submitted to the designated Contact Person for the Request for Quotation no later than the time indicated in the solicitation preamble. Any quote delivered after the precise published time of quote submission shall not be considered. Quoters shall not be mailto:RECORDSREQUEST@PBCGOV.ORG allowed to modify their quotes after the published quote submission time.

b. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise directed in the Special Conditions of this Request for Quotation, quoter should include with its quote a copy of all applicable Certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the quoter, as shown on the quote response page. If applicable, the quoter shall also 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. It is the responsibility of the successful quoter to ensure that all required certifications, licenses and permits are maintained and are current throughout the term of the contract, inclusive of any renewals. Failure to meet this requirement shall be considered a default of the contract.

c. CONTRACTING WITH SMALL AND MINORITY

BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND

LABOR SURPLUS AREA FIRMS:

1) The County has made all necessary affirmative steps to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. The successful quoter, if prime subcontracts are to be let, shall take the Affirmative Steps listed below in paragraphs a) through e) of this Section.

2) AFFIRMATIVE STEPS must include:

a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

d. MANDATORY STANDARDS AND POLICIES RELATING TO

ENERGY EFFICIENCY:

Quoter is required to comply with mandatory standards and policies related to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat.

871) ( 42 U.S.C. 6201).

e. DRUG FREE WORKPLACE CERTIFICATION

(ATTACHMENT II): In compliance with Florida Statute (Section 287.087), the attached form “Drug-Free Workplace Certification” should be fully executed and submitted with the quote in order to be considered for a tie-breaker whenever two (2) or more quotes that are equal with respect to price, quality, and service are received by Palm Beach County.

f. CONDITIONED OFFERS: Quoters are cautioned that any condition, qualification, provision, or comment in their quote, or in any 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 as non-responsive.

g. PRICING:

1) Prices offered must be the price for new merchandise and free from defect. Unless specifically requested in the quote specifications, any quotes containing modifying or escalation clauses shall be rejected.

2) The price offered must be in accordance with the unit of measure provided on the quote 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 quote.

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

4) Quoter warrants by virtue of quoting that prices shall remain firm for a period of ninety (90) days from the date of quote submission to allow for evaluation and award.

5) Quoter warrants by virtue of quoting that prices shall remain firm for the initial and any subsequent term unless modified by a special condition.

6) In the event of mathematical error(s), the unit price shall prevail and the quoter’s total offer shall be corrected accordingly. QUOTES HAVING ERASURES OR

CORRECTIONS MUST BE INITIALED BY THE QUOTER

PRIOR TO QUOTE SUBMISSION. IF THE

CORRECTION IS NOT PROPERLY INITIALED, OR IF

THE INTENT OR LEGIBILITY OF THE CORRECTION IS

NOT CLEAR, THE QUOTE SHALL BE REJECTED.

7) Quoters may offer a cash discount for prompt payment.

However, such discounts shall not be considered in determining the lowest net cost for quote evaluation purposes unless otherwise specified in the special conditions. Quoters should reflect any discounts to be considered in the unit prices quote.

h. SUBMITTING NO QUOTE or NO CHARGE: Quoters not wishing to quote on some items sought by this solicitation should mark those items as “no quote”. If some items are/or offered at no charge, quoters should mark those items as “no charge”.

Items left blank shall be considered a “no quote” for that item, and the quote shall be evaluated accordingly.

i. ACCEPTANCE / REJECTION OF QUOTES: Palm Beach

County reserves the right to accept or to reject any or all quotes.

Palm Beach County also reserves the right to (1) waive any non-substantive irregularities and technicalities; (2) reject the quote of any quoter who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by another governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of quoters in order to make a determination as to its ability to perform.

Palm Beach County reserves the right to reject any offer or quote if the prices for any line items or subline items are materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is reason to believe that the offer would not result in the lowest overall cost to the County, even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some quote line item and significantly greater than fair market price for other quote line items. Fair market price shall be determined based on industry standards, comparable quotes or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place. The determination of whether a particular offer or quote is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination.

j. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract.

k. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES:

Palm Beach County encourages and agrees to the successful quoter extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities pursuant to the requirements of the federal awarding agency.

l. PERFORMANCE DURING EMERGENCY: The quoter 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/or services under the contract. Quoter agrees to provide all goods and/or 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. Quoter shall furnish a 24-hour phone number to the County. Failure to provide the goods and/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 quoter to sanctions from doing further business with the County.

m. SALES PROMOTIONS / PRICE REDUCTIONS / MOST

FAVORED CUSTOMER: Should sales promotions occur during the term of the contract that lower the price of the procured item, the quoter shall extend to the County the lower price offered by the manufacturer on any such promotional item. Additionally, any time after award, the quoter may offer a reduced price, which shall remain in effect for the duration of the contract. The quoter warrants that the price(s) shall not exceed the quoter'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 quoter offers more favorable pricing to one of its customers, the quoter shall extend to the County the same pricing or the then current market price, whichever is lower.

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

o. PROGRAM FRAUD AND FALSE OR FRAUDULENT OR

RELATED ACTS: (31 U.S.C. Chapter 38). The quoter acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor's actions pertaining to this contract.

p. FEDERAL CRIMINAL LAW/FALSE STATEMENTS ACT:

The False Statement Act sets forth liability for, among other things, any person who knowingly submits a false claim to the Federal government or causes another to submit a false claim to the government or knowingly makes a false record or statement to get a false claim paid by the government. 31 U.S.C. §§ 3729. For example, a false claim could include false billing documentation submitted by the County received from a quoter or subquoter under the contract.

4. QUOTE SUBMISSION TIME / PROTEST / AWARD OF

QUOTE

a. OBSERVING THE PUBLISHED QUOTE SUBMISSION TIME:

The published quote submission time shall be scrupulously observed. It is the sole responsibility of the quoter to ensure that their quote arrives in the Purchasing Department prior to the published quote submission time. Any quote delivered after the precise published time of quote submission shall not be considered. Quoters shall not be allowed to modify their quotes after the published quote submission time.

b. POSTING OF AWARD RECOMMENDATION: Recommended awards shall be publicly posted for review at the Purchasing Department and on the Purchasing Department website at www.pbcgov.org/purchasing prior to final approval, and shall remain posted for a period of five (5) business days. The official posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings.

c. PROTEST PROCEDURE: Protest procedures are provided in

Countywide PPM #CW-L-049. Protests shall be submitted in writing, addressed to the Director of Parks & Recreation, via hand delivery, mail or fax to (561) 963-6734. The protest must identify the solicitation, specify the basis for the protest, and be received by the Parks & Recreation Department within five (5) business days of the posting date of the recommended award.

The protest is considered filed when it is received by the Department. Failure to file a protest as outlined in Countywide PPM #CW-L-049 shall constitute a waiver of the protest under the referenced Countywide PPM.

5. CONTRACT ADMINISTRATION

a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this quote are to be made during the normal working hours of the County. Time is of the essence and delivery dates must be met.

Should the quoter fail to deliver on or before the stated dates, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The quoter shall be responsible for making any and all claims against carriers for missing or damaged items.

Delivered items shall not be considered “accepted” until an authorized agent for Palm Beach 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 vendor and for full refund or credit at the discretion of the County, any item(s) received which fail to meet the County’s specifications or performance standards.

b. FEDERAL AND STATE TAX: Palm Beach County is exempt from Federal and State taxes. The authorized agent for Purchasing shall provide an exemption certificate to the quoter, upon request. Quoters are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are quoters authorized to use the County’s Tax Exemption Number in securing such materials. Any sales tax paid by quoters to their suppliers for materials to fulfill contractual obligations with the County are not reimbursable by the County to the quoter.

c. PAYMENT: 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 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. Quoters 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

Payment shall be made by the County after the goods and/or services have been received, accepted, and properly invoiced as indicated in the contract or order. Invoices must bear the 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, Section 218.70, Florida http://www.pbcgov.org/purchasing

Statutes.

Note: Vendors can now be paid by Credit Card via the County’s Voluntary Payment Manager Program. For vendors who do not 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.

d. CHANGES: The Director of Purchasing, Palm Beach County, by written notification to the quoter may make minor changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services. Typical minor changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract. The quoter shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners.

e. DEFAULT AND TERMINATION FOR CAUSE: The County may, by written notice of default to the quoter, terminate the contract in whole or in part if the quoter fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or provides repeated non-performance, or does not remedy such failure within a period of 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 the contract in whole or in part because of default of the quoter, the County may procure goods and / or services similar to those terminated, and the quoter shall be liable for any excess costs incurred due to this action.

If it is determined that the quoter 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 quoter), the rights and obligations of the parties shall be those provided in Section 5f, “Termination for Convenience”.

f. TERMINATION FOR CONVENIENCE: The Director of

Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the quoter, specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the quoter has the right to withdraw, without adverse action, from the entire contract.

Unless directed differently in the notice of termination, the quoter shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the quoter shall terminate outstanding orders and / or subcontracts related to the terminated work.

g. 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.

6. 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. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second-degree misdemeanor.

7. ANNUAL APPROPRIATIONS:

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

8. PROCUREMENT OF RECOVERED MATERIALS FOR

GOODS VALUED ABOVE $10,000:

Quoter is to provide County with those goods designated by the Environmental Protection Agency "(EPA"), at 40 CFR Part 247 – 247.17, that contain the highest percentage of recovered materials practicable while maintaining a satisfactory level of competition for goods valued above $10,000 or where the value of the goods procured during the preceding fiscal year exceeded $10,000.

Categories of goods with the highest percentage of recovered materials include construction products; landscaping products;

miscellaneous products; non-paper office products; paper and paper products; park and recreation products; transportation products; and, vehicular products.

9. SCRUTINIZED COMPANIES:

As provided in F.S. 287.135, by entering into an Order/Contract or performing any work in…