Board of County Commissioners County Administrator

Greg K. Weiss, Mayor Verdenia C. Baker Maria Sachs, Vice Mayor Maria G. Marino Michael A. Barnett Marci Woodward Sara Baxter Purchasing Department Mack Bernard www.pbcgov.com/purchasing

REQUEST FOR PROPOSAL

FOR FEDERALLY FUNDED GOODS/SERVICES

RFP NO. F-23-083/MD

Palm Beach County Board of County Commissioners and

Community Services are seeking

Proposals for:

PRE-QUALIFICATION OF PROVIDERS FOR IN-HOME SERVICES

Date issued/available for distribution: April 26, 2023

Proposer shall submit one (1) unbound original, six (6) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal to be received in the Offices of the Purchasing Department no later than May 26, 2023, 4:00 p.m. local time. See Section 1.8 of the RFP for Mailing Instructions.

Non-Mandatory Pre-Proposal Conference: See Section 1.4 of this Solicitation.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR THE RECEIPT OF PROPOSALS

AND THE RFP NUMBER.

C A U T I O N In order to do business with Palm Beach County vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our VSS system.

Palm Beach County shall not be responsible for the completeness of any Request for Proposal package not downloaded from our VSS system or obtained directly from Palm Beach County Purchasing Department.

IN ACCORDANCE WITH THE PROVISIONS OF ADA, THIS DOCUMENT MAY BE

REQUESTED IN AN ALTERNATE FORMAT

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

TABLE OF CONTENTS

SECTION PAGE

SECTION 1 GENERAL INFORMATION

1.1 ISSUING OFFICE

1.2 HISTORY AND BACKGROUND

1.3 PURPOSE OF THE PROJECT

1.4 NON-MANDATORY PRE-PROPOSAL CONFERENCE

1.5 PERIOD OF CONTRACT

1.6 QUALIFICATION OF PROPOSERS

1.7 TIMETABLE

1.8 PROPOSAL SUBMISSION

1.9 CONTACT PERSON

1.10 LOBBYING

1.11 ADDITIONAL INFORMATION/AMENDMENT(S)

SECTION 2 GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

2.2 MODIFIED PROPOSALS

2.3 WITHDRAWAL OF PROPOSALS

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

2.5 RFP POSTPONEMENT/CANCELLATION

2.6 COSTS INCURRED BY PROPOSERS

2.7 PUBLIC RECORDS AND PROPRIETARY/CONFIDENTIAL

INFORMATION

2.8 NEGOTIATIONS

2.9 POSTING OF INTENT AND RIGHT TO PROTEST

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

2.12 CRIMINAL HISTORY RECORDS CHECK

2.13 REVIEW OF PROPOSALS

2.14 EXCEPTIONS TO THE RFP

2.15 SELECTION PROCESS

2.16 EVALUATION CRITERIA

2.17 AWARD OF CONTRACT

2.18 DISCLOSURE OF OWNERSHIP INTERESTS

2.19 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

2.20 COMMENCEMENT OF WORK

2.21 INSURANCE REQUIREMENTS

2.22 DRUG-FREE WORKPLACE CERTIFICATION

2.23 AUTHORIZED SIGNATURE

2.24 FEDERAL TERMS AND CONDITIONS

ii

TABLE OF CONTENTS

(continued)

SECTION PAGE

SECTION 3 PROPOSAL REQUIREMENTS

3.1 EXPERIENCE / QUALIFICATION / BACKGROUND / REFERENCES

INFORMATION

3.2 ABILITY TO TRAIN, MANAGE AND EVALUATE STAFF

3.3 KEY PERSONNEL AND OPERATIONS INFORMATION

3.4 FINANCIAL / BUSINESS STABILITY

3.5 PRICE PROPOSAL INFORMATION

3.6 BUSINESS INFORMATION

3.7 SPECIAL CONTRACT PROVISIONS

3.8 DEBARMENT AND SUSPENSION (CERTIFICATION REQUIRED)

3.9 BYRD ANTI-LOBBYING AMENDMENT

3.10 AMENDMENTS TO THE RFP

3.11 ADDITIONAL INFORMATION

SECTION 4 SCOPE OF WORK/SERVICES

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

SECTION 6 APPENDICES

APPENDIX A - PRICE PROPOSAL PAGES

APPENDIX B - BUSINESS INFORMATION

APPENDIX C - SPECIAL CONTRACT PROVISIONS

APPENDIX D - CERTIFICATION REGARDING DEBARMENT AND

SUSPENSION

APPENDIX E - CERTIFICATION REGARDING LOBBYING, BYRD

ANTI-LOBBYING AMENDMENT

APPENDIX F - DRUG-FREE WORKPLACE CERTIFICATION

APPENDIX G - DISCLOSURE OF OWNERSHIP INTERESTS

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposal (RFP) is issued for the County of Palm Beach, hereinafter referred to as “County”, by the Purchasing Department for the benefit of the Community Services Department (CSD). The Purchasing Department is the SOLE point of contact concerning this RFP. All communications regarding this RFP must be done through the Purchasing Department. See Section 1.9, Contact Person.

1.2 HISTORY AND BACKGROUND

The Division of Senior and Veteran Services (DSVS) receives funds from multiple sources (federal, state and local) to provide in-home services to homebound seniors. The state funding source (through the Area Agency on Aging) is Community Care for the Elderly (CCE), Alzheimer’s Disease Initiative (ADI) and Home Care for the Elderly (HCE). The federal funding source (through the Area Agency on Aging) is the Older Americans Act (OAA) Title III. These services shall be provided to functionally impaired seniors to allow them to be maintained in the home or community and/or prevent premature institutionalization. DSVS may add funding sources at any time.

Client eligibility for services shall be determined by the DSVS case managers using screening and assessment tools per Department of Elder Affairs (DOEA) requirements.

1.3 PURPOSE OF THE PROJECT

Palm Beach County is seeking proposals from qualified providers to provide personal care, respite care, homemaker service, companionship, chore, enhanced chore, medication management, gerontological counseling, and mental health/screening counseling, for Palm Beach County.

1.4 NON-MANDATORY PRE-PROPOSAL CONFERENCE

All proposers are invited to attend a Non-Mandatory Pre-Proposal Conference that will be held at the Purchasing Department, 50 South Military Trail, Room 1N-142 North/South, West Palm Beach, Florida 33415, on May 9, 2023, commencing at 9:00 a.m. local time.

At this time, the County’s representative(s) will be available to answer any questions relative to this Request for Proposal. Any questions or comments arising subsequent to the Non-Mandatory Pre-Proposal Conference must be presented, in writing, prior to the date and time stated in the Timetable (see Section 1.7) of the RFP, to be discussed with the County’s representative(s) as possible amendments to the RFP.

In accordance with the provisions of ADA, auxiliary aids or services will be provided upon request with at least three days notice.

1.5 PERIOD OF CONTRACT

The proposed effective date of this Contract is August 22, 2023. The selected proposer(s) will provide services for a twelve (12) month period ending August 21, 2024. Four (4) twelve (12) month renewal option(s) offered by the County, at the County’s sole discretion, may be included.

1.6 QUALIFICATION OF PROPOSERS

All proposers to this RFP shall have demonstrated experience in supplying such services and shall meet all criteria/requirements identified in this RFP.

1.7 TIMETABLE

The anticipated schedule and deadline for the RFP and Contract approval are as follows:

Activity Date Time Location

RFP available for 4/26/2023 Purchasing Department Download from 50 S. Military Trail, Ste. 110

VSS: W. P. B., FL 33415

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Non-Mandatory Pre-Proposal 5/09/2023 9:00 a.m. Purchasing Department Conference 50 S. Military Trail Room 1N-142 North/South

W. P. B., FL 33415

Deadline for receipt of 5/11/2023 5:00 p.m. Purchasing Department questions or comments 50 S. Military Trail, Ste. 110

W. P. B., FL 33415

Deadline for receipt 5/26/2023 4:00 p.m. Purchasing Department of Proposals 50 S. Military Trail, Ste. 110

W. P. B., FL 33415

Selection Committee 6/13/2023 9:00 a.m. Purchasing Department Meeting 50 S. Military Trail Room 1N-142 North/South

W.P.B., FL 33415

Oral Presentations/ 6/20/2023 9:00 a.m. Purchasing Department Selection Committee 50 S. Military Trail Meeting (if conducted) Room 1N-142 North/South

W.P.B., FL 33415

Posting Date of Notice 6/26/2023 Purchasing Department of Intent to Award 50 S. Military Trail, Ste. 110

W.P.B., FL 33415

www.pbcgov.com/purchasing

BCC Award Date 8/22/2023 Governmental Center 301 N. Olive Avenue, 6th Floor

W.P.B., FL 33401

Contract Start Date 8/22/2023

NOTE: County reserves the right to alter the above activities and/or times at the

County’s sole discretion.

1.8 PROPOSAL SUBMISSION

All proposals must be submitted on 8 ½” x 11” paper.

One (1) unbound original, six (6) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal must be received in the Purchasing Department by May 26, 2023, 4:00 p.m. local time. The original and all copies must be submitted in a sealed envelope or container. The proposer’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFP. The outer envelope or wrapper should be addressed as follows:

Proposer Name Address Phone No.

Palm Beach County Board of County Commissioners Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415 ATTN: Megan Davis, Senior Buyer RFP No. F-23-083/MD

Title: Pre-Qualification of Contractors for In-Home Services Due Date: May 26, 2023, 4:00 p.m. local time.

The Purchasing Department’s office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the County.

Proposers are responsible for informing any commercial delivery services, if used, of all delivery requirements and for insuring that the required address information appears on the outer wrapper or envelope used by such service.

http://www.pbcgov.com/purchasing

The Price Proposal Page(s) (Appendix A) must be signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of the proposer (“Authorized Person”).

The submission of a signed proposal by a proposer will be considered by the County as constituting a legal offer by the proposer to perform the required services at the proposed pricing identified therein.

1.9 CONTACT PERSON

The contact person for this RFP is Megan Davis, Senior Buyer, at (561) 616-6816, e-mail address mdavis2@pbcgov.org or fax number (561) 242-6726 in the Purchasing Department.

Proposers are advised that from the date of release of this RFP until award of the contract, NO contact with County staff and/or designated Selection Committee members concerning this RFP is permitted, except as authorized by the contact person designated herein.

1.10 LOBBYING

CONE OF SILENCE: Proposers are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a proposer or anyone representing the proposer from communicating with any County Commissioner, County Commissioner’s staff, or any County employee authorized to act on behalf of the Board of County Commissioners to award a particular contract regarding its proposal, i.e., a “Cone of Silence”. The “Cone of Silence” is in effect from the date / time of the deadline for submission of the proposal, 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 proposals, or otherwise takes action that ends the Solicitation process. Proposers may, however, contact any County Commissioner, County Commissioner’s staff, or any County 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.

1.11 ADDITIONAL INFORMATION/AMENDMENT(S)

Any questions, comments (i.e., additional information or clarifications) must be made in writing via fax, e-mail or U.S. Mail, no later than Deadline for receipt of questions and comments to the address listed in the RFP Timetable (Section 1.7) or fax number or e-mail address listed for the Contact Person (Section 1.9) above. The request must contain the proposer’s name, address, phone number, facsimile number and e-mail address.

Facsimiles must have a cover sheet which includes, at a minimum, the proposer’s name, address, number of pages transmitted, phone number, facsimile number and e-mail address.

Changes to this RFP, when deemed necessary by the County, will be completed only by written Amendment(s) issued prior to the Deadline for receipt of proposals. Proposers should not rely on any representations, statements or explanation other than those made in the RFP or in any Amendment to this RFP. Where there appears to be a conflict between the RFP and any Amendment issued, the last Amendment issued shall prevail.

As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on the County's on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the proposer to routinely check VSS for any Amendments that may be issued prior to the Deadline for receipt of proposals. The County shall not be responsible for the completeness of any RFP package not downloaded from VSS or obtained directly from the Palm Beach County Purchasing Department.

It is the proposer’s sole responsibility to assure receipt of all Amendments. The proposer should verify with the designated Contact Person (see Section 1.9) prior to submitting a proposal that all Amendments have been received. Proposers are required to acknowledge the receipt of all Amendments as part of their proposal.

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

Proposer guarantees their commitment, compliance, and adherence to all requirements of the RFP by submission of their proposal.

2.2 MODIFIED PROPOSALS

Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the Deadline for receipt of proposals. The County will only consider the latest proposal submitted.

2.3 WITHDRAWAL OF PROPOSALS

A proposal may be withdrawn only by written notification. Letters of withdrawal received after the Deadline for receipt of proposals will not be accepted unless the contract has been awarded to another vendor or no award has been made within ninety (90) days after the Deadline for receipt of proposals.

Unless withdrawn, as provided in this subsection, a proposal shall be irrevocable until the time that a contract is awarded.

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

Proposals and/or modifications to proposals received after the Deadline for receipt of proposals specified in the RFP Timetable (Section 1.7) are late and shall not be considered.

2.5 RFP POSTPONEMENT / CANCELLATION

The County may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; waive any minor irregularities in this RFP or in the proposals received as a result of this RFP; postpone or cancel, at any time, this RFP process; or re-advertise this RFP.

2.6 COSTS INCURRED BY PROPOSERS

All expenses incurred with the preparation and submission of proposals to the County, or any work performed in connection therewith, shall be borne by the proposer. No payment will be made for proposals received, nor for any other effort required of or made by the proposers, prior to commencement of work as defined by a contract approved by the Board of County Commissioners.

2.7 PUBLIC RECORDS AND PROPRIETARY / CONFIDENTIAL INFORMATION

Any material submitted in response to this Request for Proposal is considered a public document in accordance with section 119.07, Florida Statutes. This includes material which the responding proposer might consider to be confidential. All submitted information that the responding proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in sections 119.07 and 812.081, Florida Statutes) 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.

For proposer's contractual obligations regarding public records, please refer to Article 24 and Article 37.Q of the attached Sample Standard Contract.

2.8 NEGOTIATIONS

The County may award a contract on the basis of initial proposals received, without discussions. Therefore, each submitted proposal should contain the proposer’s best price and technical offer.

2.9 POSTING OF INTENT TO AWARD AND RIGHT TO PROTEST

The Intent to Award shall be publicly posted for review at the Purchasing Department and on the Purchasing Department website at www.pbcgov.com/purchasing prior to final approval. The Intent to Award 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.

Any proposer may protest the Intent to Award by submitting a written protest to the Director of Purchasing within five (5) business days after posting the Notice of Intent to Award in accordance with Chapter 2, Article III, Section 2-55 of the Palm Beach County Code. Protests must be submitted in writing, addressed to the Director of Purchasing, via hand delivery, mail or email to purchase@pbcgov.org.

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

Pursuant to Palm Beach County Code, Sections 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, Sections 2-421 – 2-440, and punished pursuant to section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

The proposer shall comply with all federal, state and local laws, ordinances, and regulations applicable to the services contemplated herein. Proposers are presumed to be and shall be familiar with all federal, state and local laws, ordinances, codes and regulations that may, in any way, affect the services offered, including, but not limited to, Uniform Guidance (2 C.F.R. pt. 200). Lack of knowledge by the Proposer shall in no way be a cause for relief from responsibility.

2.12 CRIMINAL HISTORY RECORDS CHECK

Pursuant to Palm Beach County Code Sections 2-371–2-377, 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 contractors and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility ("Critical Facilities") or a criminal justice information facility ("CJI Facilities"), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2013-1470 and R-2015- 0572, as amended. In October 2013, compliance with the requirements of the U.S.

Federal Bureau of Investigation’s CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The proposer is solely responsible for understanding the financial, schedule, implications, and/or staffing implications of this Ordinance. Further, the proposer acknowledges that its proposal price 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.

2.13 REVIEW OF PROPOSALS

Each proposal will be reviewed to determine if the proposal is responsive to the RFP.

Proposals deemed to be non-responsive will be rejected without being evaluated by the Selection Committee. A responsive proposal is one which has been signed, has been submitted by the specified submission time, and has provided the information required to be submitted with the proposal (as stated in Section 3). While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of your proposal, especially information relating to establishing financial/business stability. Proposers who fail to comply with all of the required and/or desired elements of this RFP, do so at their own risk.

2.14 EXCEPTIONS TO THE RFP

All exceptions contained in any proposal must be specific, and the proposer must indicate clearly what alternative is being offered to allow the County a meaningful opportunity to evaluate the proposal. Proposers are cautioned that submitting an alternative proposal does not relieve the proposer from submitting the “Minimum Requirements” as stated in Section 3. The County is under NO obligation to accept any proposed exceptions or alternatives to this RFP.

2.15 SELECTION PROCESS

All proposals timely received will be reviewed first by the Purchasing Department to determine if each proposer has submitted the required information and met all Proposal Requirements (as stated in Section 3). Those proposals fulfilling the Proposal Requirements shall be referred to the Selection Committee for review and further consideration.

The Selection Committee will evaluate all responses to this RFP that meet the Proposal Requirements and are deemed responsive. The Selection Committee may evaluate all proposals based solely on the information submitted with the proposal. Accordingly, proposers are urged to ensure that their proposal contains all the necessary information for the Selection Committee to fairly and accurately evaluate each of the criteria listed below in Section 2.16. However, an oral presentation, additional written information, internal staff analysis, proposer presentations, outside consultants, and/or any other information may be required, at any time during the selection process, to help the Committee determine the final ranking of proposers. The Selection Committee may determine, as the result of additional information, that the impact of this information is significant and may be considered in the scoring and/or ranking, at the discretion of the Committee.

The Selection Committee shall meet in public session as necessary to score each proposal by reviewing each proposal against the evaluation criteria listed below, see Section 2.16. Upon completion of the Selection Committee’s review and discussion of all the responsive proposals submitted, each Selection Committee Member shall score each proposal and total the scores for each proposal. The proposals shall be assigned a ranking based upon the totals of each Selection Committee Member’s score for each proposal.

2.16 EVALUATION CRITERIA

1. Experience / Qualifications Weight 25 % ( 25 pts) Background / References (See Section 3.1)

2. Ability to Train, Manage and Weight 30 % ( 30 pts) Evaluate Staff (See Section 3.2)

3. Key Personnel and Operations Weight 15 % ( 15 pts) (See Section 3.3)

4. Price Proposal Weight 30 % ( 30 pts) (See Section 3.5)

2.17 AWARD OF CONTRACT

The award, if any, will be made to minimally four (4) responsive, responsible proposer(s) whose proposal(s) are considered to be the most advantageous to the County based on the Selection Committee’s opinion after review of every such proposal including, but not limited to, price.

Upon review and approval of the Selection Committee’s recommendation for award, the Purchasing Department will post the award recommendation at the Purchasing Department and on the Purchasing Department website at www.pbcgov.com/purchasing for a period of five (5) business days for review by interested parties prior to final approval of the award. The apparent successful proposer will be notified of the recommendation for award by mail. The recommended awardee shall provide documentation that demonstrates that the individual(s) executing the Contract has the authority to do so and to legally bind the recommended awardee. A contract must be completed and executed by the successful proposer and the County and, when appropriate, by the Board of County Commissioners before it becomes valid and effective. If these conditions and contract negotiations, if applicable, are not met and/or completed within a reasonable timeframe as determined by the County, the County may elect to cancel the Recommended Award to that proposer and make the award recommendation to the next most advantageous proposer. This process may continue until such time as the County has determined to cancel the procurement in its entirety. The official posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings.

2.18 DISCLOSURE OF OWNERSHIP INTEREST

Pursuant to a directive by the Board of County Commissioners, the Disclosure of Ownership Interest affidavit (DOIA) (See Appendix G) must be completed on behalf of any individual or business entity that seeks to do business with the County when applicable. Disclosure does not apply to nonprofit corporations, government agencies, or to an individual’s or entity’s interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public.

Upon request from the Purchasing Department, the recommended awardee shall submit a completed DOIA within a reasonable time, as requested. If the recommended awardee fails to submit a completed DOIA in a timely manner, the County, at its sole discretion, may elect to cancel the Recommended Award.

2.19 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

The selected proposer(s) will be required to execute a contract similar to the attached Sample Standard Contract (Attachment 1). If a proposer has comments related to any of the provisions in this RFP and/or the Sample Standard Contract, comments must be made, in writing, no later than the date specified in the RFP Timetable (see Section 1.7).

The Sample Standard Contract provisions (general and specific) will be incorporated into any contract resulting from this RFP. Should any selected proposer and the County be unable to consummate a written contract, the County may proceed to the next most advantageous proposal as determined by the Selection Committee or issue a new Solicitation or cancel the procurement process in its entirety.

2.20 COMMENCEMENT OF WORK

This RFP does not, by itself, obligate the County. The County’s obligation will commence when the contract is approved by the Board of County Commissioners or their designee and upon written notice to the proposer. The County may set a different starting date for the contract. The County will not be responsible for any work done by the proposer, even work done in good faith, if it occurs prior to the contract start date set by the County.

2.21 INSURANCE REQUIREMENTS

Prior to the effective date of the Contract, it shall be the responsibility of the successful proposer(s) to provide evidence of the minimum amounts of insurance coverage specified in Attachment 1, Article 14, to Palm Beach County through the Contact Person set forth in Section 1.9 until otherwise notified by County.

The successful proposer(s) shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverages and limits (including endorsements) as described herein (see Attachment 1, Article 14).

Failure to maintain the required insurance shall be considered default of the Contract.

The requirements contained herein, as well as the County’s review or acceptance of insurance maintained by the successful proposer(s), are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the successful proposer under the Contract.

2.22 DRUG-FREE WORKPLACE CERTIFICATION

Proposers should submit, with their proposal, an executed Drug-Free Workplace Certification (Appendix F) indicating that the proposer has implemented a Drug-Free Workplace Program that meets the requirements of section 287.087, Florida Statutes.

2.23 AUTHORIZED SIGNATURE

The authorized representative signature required on all offers and the Contract must be made by an officer of the company (if applicable).

2.24 FEDERAL TERMS AND CONDITIONS

A. Equal Opportunity

If the contract is for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, then during the performance of the contract, the proposer agrees as follows:

(1) The proposer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The proposer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The proposer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The proposer will, in all solicitations or advertisements for employees placed by or on behalf of the proposer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The proposer will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the proposer's legal duty to furnish information.

(4) The proposer will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the proposer's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The proposer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The proposer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the proposer's noncompliance with the nondiscrimination clauses of the contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the proposer may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The proposer will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The proposer will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a proposer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the proposer may request the United States to enter into such litigation to protect the interests of the United States.

The County further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the County so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The County agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of proposer and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The County further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a proposer debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon proposers and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the County agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the County under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such County; and refer the case to the Department of Justice for appropriate legal proceedings.

B. Davis-Bacon Act

For contracts in excess of $2,000 entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in 29 C.F.R. § 5.1, the proposer shall adhere to the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor):

(1) Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the proposer and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph B(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 C.F.R. § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph B(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the proposer and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii)

(A) The County shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The County shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry;

and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the proposer and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the County agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S.

Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(C) In the event the proposer, the laborers or mechanics to be employed in the classification or their representatives, and the County do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the County shall refer the questions, including the views of all interested parties and the recommendation of the County, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the County or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs B(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this proposer from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the proposer shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the proposer does not make payments to a trustee or other third person, the proposer may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the proposer, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the proposer to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding. The grantor or County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the proposer under the contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the proposer or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the grantor may, after written notice to the proposer, sponsor, County, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and basic records.

(i) Payrolls and basic records relating thereto shall be maintained by the proposer during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R. § 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the proposer shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Proposers employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)

(A) The proposer shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the grantor if the agency is a party to the contract, but if the agency is not such a party, the proposer will submit the payrolls to the County, sponsor, or owner, as the case may be, for transmission to the grantor. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 C.F.R. § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Proposer and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the grantor if the agency is a party to the contract, but if the agency is not such a party, the proposer will submit them to the County, sponsor, or owner, as the case may be, for transmission to the grantor, the proposer, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).

(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the proposer or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided under 29 C.F.R. § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under 29 C.F.R. § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph B(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the proposer or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The proposer or subcontractor shall make the records required under paragraph B(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the grantor or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the proposer or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the proposer, sponsor, County, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 C.F.R. § 5.12.

(4) Apprentices and trainees -

(i) Apprentices. Apprentices will be permitted to…