RFQ 900419-SM.pdf

Board of County Commissioners County Administrator

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

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION

RFQ #900419/SM

PAL AND SPLASH LIFTS, PREVENTATIVE MAINTENANCE AND REPAIR, TERM CONTRACT

RFQ SUBMISSION DATE: 2/21/2018 AT 4:00 P.M.

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

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

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

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

C A U T I O N

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

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

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

BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY PURCHASING DEPARTMENT

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

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

BOARD OF COUNTY COMMISSIONERS

Palm Beach County

REQUEST FOR QUOTATION

RFQ #900419/SM TITLE: PAL AND SPLASH LIFTS, PREVENTATIVE MAINTENANCE AND REPAIR,

TERM CONTRACT

BUYER: Suzanne McIntyre PHONE (561) 616-6835

FAX (561) 242-6735 E-MAIL: smcintyre@pbcgov.com

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

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

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

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR VENDORS

GENERAL CONDITIONS

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

1. CONDITIONED OFFERS

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

2. MODIFICATIONS

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

3. ASSIGNMENTS

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

4. EXCUSABLE DELAYS

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

5. DEFAULT

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

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

6. TERMINATION FOR CONVENIENCE

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

7. REMEDIES

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

8. NO THIRD PARTY BENEFICIARY

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

9. FOB

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

10. PAYMENT TERMS

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

Payment shall be made by the County after goods / services have been received, accepted and properly invoiced as indicated in the contract and / or order. Invoices must bear the purchase order number. The Florida Prompt Payment Act is applicable to this solicitation. Interest penalties will only be paid in accordance with the Florida Prompt Payment Act, Florida Statute 218.70.

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

11. INVOICING

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

PALM BEACH COUNTY

FINANCE DEPT.

P.O. BOX 4036

WEST PALM BEACH, FL 33402-4036

12. TAXES

The County is exempt from Federal and State taxes.

13. PURCHASE ORDER

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

14. ORDER/CONTRACT

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

15. PRICING

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

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

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

(d) Prices shall remain firm for the initial and any subsequent term unless modified by a special condition.

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

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

HAVING ERASURES OR CORRECTIONS MUST BE INITIALED

BY THE VENDOR PRIOR TO SUBMISSION TIME. IF THE

CORRECTION IS NOT PROPERLY INITIALED, OR IF THE INTENT

OR LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE

RFQ SHALL BE REJECTED.

16. DELIVERIES

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

17. INSPECTION/ACCEPTANCE

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

18. QUANTITIES

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

19. DISCRIMINATION PROHIBITED

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

Pursuant to Palm Beach County Resolution R-2017-1770, as may be amended, the successful vendor warrants and represents that throughout the term of the contract, including any renewals thereof, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered a default of contract.

20. LEGAL REQUIREMENTS

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

21. CRIMINAL HISTORY RECORDS CHECK

ORDINANCE

Pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County shall conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees and subcontractors of vendors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as may be amended. The vendor is solely responsible for understanding the financial, schedule, and staffing implications of this Ordinance. Further, the vendor acknowledges that its pricing offered includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

22. PUBLIC ENTITY CRIMES

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

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService mailto:pbcpaymentmgr@mypalmbeachclerk.com

23. SBE PROGRAM

Item 1 – Policy It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that SBE(s) have the maximum practical opportunity to participate in the competitive process of supplying goods and services to the County. To that end, the Board of County Commissioners adopted a Small Business Ordinance which is codified in Sections 2-80.21 through 2-80.34 (as amended) of the Palm Beach County Code, which sets forth the County’s requirements for the SBE program, and is incorporated in this solicitation. Compliance with the requirements contained in this section shall result in a vendor being deemed responsive to SBE requirements.

The provisions of this Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict.

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

Item 3 – SBE Certification Only those firms certified as a small business enterprise by Palm Beach County at the time of quote submission shall be counted toward the established SBE goals. Upon receipt of a complete application, IT TAKES

UP TO NINETY (90) DAYS TO BECOME CERTIFIED AS AN SBE WITH

PALM BEACH COUNTY. It is the responsibility of the vendor to confirm the certification of any proposed SBE; therefore, it is recommended that vendors visit the on-line Vendor Directory at www.pbcgov.org/osba to verify SBE certification.

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

24. LOCAL PREFERENCE ORDINANCE

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

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

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

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

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

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

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

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

25. INDEMNIFICATION

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

26. SAFETY DATA SHEETS (SDS)

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

27. ENDORSEMENTS

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

28. VENUE AND GOVERNING LAW

Any and all legal actions arising from or necessary to enforce this order/contract will be held in Palm Beach County and shall be interpreted according to the laws of Florida.

29. PUBLIC RECORDS, ACCESS AND AUDITS

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

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

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

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

(b) Upon request from the County’s Custodian of Public Records (“County’s Custodian”) or County’s representative/liaison, on behalf of the County’s Custodian, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law. The Vendor further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F- 002, Fees Associated with Public Records

Requests, as it may be amended or replaced from time to time.

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

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

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

IF THE VENDOR HAS QUESTIONS

REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES,

TO THE VENDOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS

ORDER/CONTRACT, PLEASE

CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT RECORDS

REQUEST, PALM BEACH COUNTY

PUBLIC AFFAIRS DEPARTMENT, 301

N. OLIVE AVENUE, WEST PALM

BEACH, FL 33401, BY E-MAIL AT

RECORDSREQUEST@PBCGOV.ORG

OR BY TELEPHONE AT 561-355-6680.

30. SALES PROMOTIONS / PRICE REDUCTIONS

Should sales promotions occur during the term of the order/contract that lower the price of the procured item, the successful vendor shall extend to the County the lower price offered by the manufacturer on any such promotional item. Further, any price decreases effectuated during the order/contract period by reason of market change or otherwise, shall be passed on to the County. Additionally, anytime after award, the vendor may offer a reduced price which shall remain in effect for the duration of the order/contract.

31. PERFORMANCE DURING EMERGENCY

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

32. PALM BEACH COUNTY OFFICE OF THE

INSPECTOR GENERAL AUDIT REQUIREMENTS

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

33. BUSINESS INFORMATION

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

mailto:RECORDSREQUEST@PBCGOV.ORG

SPECIAL CONDITIONS

34. GENERAL / SPECIAL CONDITION PRECEDENCE

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

35. QUALIFICATION OF QUOTERS

This RFQ shall be awarded only to a responsive and responsible quoter, qualified to provide the goods and/or service specified. The quoter shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations.

The quoter should submit the following information with their RFQ response; however, if not included, it shall be the responsibility of the quoter to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of a quoter to provide the required information within the specified time frame is considered sufficient cause for rejection of their quote. Information submitted with a previous bid/quote shall not satisfy this provision.

A. List a minimum of three (3) references in which similar goods and/or services have been provided within the past three (3) years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the quoter’s performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement.

B. The quoter, if not the manufacturer, must provide written evidence signed by the manufacturer, S.R. Smith, stating that the quoter is, in fact, authorized to provide repair services and is an authorized dealer/distributor/reseller of the manufacturer.

36. AWARD (ALL-OR-NONE)

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

37. TIME AND MATERIAL CONTRACT (MATERIAL PRICING AT COST)

The price to be paid for materials sold to Palm Beach County as a result of this RFQ award shall be based on the quoter’s cost of the actual items plus shipping cost. With each invoice that includes materials not covered by the service as defined herein, the quoter shall supply original manufacturer’s/supplier’s cost documentation to the Palm Beach County Department requesting the service as well as to the Finance Department, Pre-Audit Division, PO Box 4036, West Palm Beach, Florida 33402-4036. In no event shall the prices, based on cost, exceed the quoter’s price to its most favored customer for the same item in like quantity, or the current market price, whichever is lower. Any Federal or State taxes paid by the quoter to its suppliers for materials sold to Palm Beach County as a result of this RFQ award are not reimbursable by Palm Beach County to the quoter.

38. METHOD OF ORDERING (TERM CONTRACT)

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

39. F.O.B. POINT (REPAIR PARTS ONLY)

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

42. DELIVERY (REPAIR PARTS ONLY)

Delivery shall be required within ten (10) calendar days after receipt of term contract delivery order (DO) unless a modified delivery date has been requested by the successful quoter and approved in writing by the Purchasing Director or his/her designee. Failure of the successful quoter to perform to the delivery requirement is sufficient cause for default and termination of the contract.

43. TIME FOR COMPLETION / DELIVERY (REPAIRS ONLY)

Quoter acknowledges and agrees that the time of completion/delivery is an essential condition of the contract.

By submitting a RFQ response, quoter, if awarded contract, agrees to begin work not later than forty eight (48) hours after notification, and to prosecute the work uninterrupted in such a manner, with sufficient labor, equipment and/or materials so as to ensure its completion within a mutually agreed time frame.

44. QUANTITY

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

45. RENEWAL OPTION

The successful quoter shall be awarded a contract for twelve (12) months with the option to renew for four (4) additional twelve (12) month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if the successful quoter is suspended by the Purchasing Department prior to the commencement of the renewal period.

46. WARRANTY

The successful quoter shall fully warrant all parts, labor, and repair service furnished hereunder against defect in materials and/or workmanship for a period of one (1) year from date of delivery and acceptance by Palm Beach County. The parts and equipment shall be fully warrantied according to the warranty offered by the manufacturer. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the successful quoter shall repair or replace same at no cost to Palm Beach County, immediately upon written notice from the Director of Purchasing.

47. WORK SITE SAFETY/SECURITY

The successful quoter shall at all times guard against damage or loss to the property of Palm Beach County, the quoter’s own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the successful quoter shall provide fences, signs, barricades, flashing lights, etc., at no additional cost to the County, necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, successful quoter shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful quoter or its agents.

48. INSURANCE REQUIRED

It shall be the responsibility of the successful quoter to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Insurance Tracking Services, Inc. (ITS), P.O. Box 20270, Long Beach, CA 90801.

Subsequently, the successful quoter shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to ITS at pbc@instracking.com or fax (562) 435-2999, which is Palm Beach County’s insurance management system, prior to the expiration date of each and every insurance required herein.

mailto:PBC.Contracts@instracking.com

Commercial General Liability Insurance. Successful quoter shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages.

Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured.

Business Auto Liability Insurance. Successful quoter shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this context, the term “Autos” is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event successful quoter neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful quoter to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the quoter indicating either the quoter does not own any vehicles, and if vehicles are acquired throughout the term of the contract, quoter agrees to purchase “Owned Auto” coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form.

Workers’ Compensation and Employer’s Liability Insurance. Successful quoter shall maintain Workers’ Compensation & Employer’s Liability Insurance in accordance with Florida Statute Chapter 440.

A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful quoter in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your quote non responsive.

Except as to Business Auto, Workers’ Compensation and Employer’s Liability (and Professional liability, when applicable), said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured.

Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non-renewal of coverage. It is the responsibility of the successful quoter to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract.

All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage.

Quoter shall agree that all insurance coverage required herein shall be provided by Quoter to County on a primary basis.

SPECIFICATIONS

Purpose and Intent

The sole purpose and intent of this Request for Quotation (RFQ) is to secure firm fixed pricing and establish a term contract for the bi-annual preventative maintenance, and repair services, to PAL and Splash Lifts located at Palm Beach County Aquatic Facilities.

General

It shall be the responsibility of the successful quoter to ensure that the Portable Aquatic (PAL) Lifts and Splash Lifts utilized at the County owned pools and water parks are kept in good working order and are in compliance with the ADA 2010 ruling.

This contract shall not allow for the purchase of equipment, and is for repairs not currently covered under warranty.

This contract shall not allow for the purchase of parts without repair.

Service may be requested in any location throughout Palm Beach County, including the Glades area.

Locations

Calypso Bay Waterpark Coconut Cove Waterpark Pioneer Park Aquatic Center

(1) PAL Lift (1) PAL Lift (1) Splash Lift 151 Lamstein Lane 11200 Park Access Rd. 866 S.R. 716 Royal Palm Beach, FL 33411 Boca Raton, FL 33498 Belle Glade, FL 33430

Lake Lytal Aquatic Center N. County Aquatic Center Santaluces Aquatic Center

(1) PAL Lift (1) PAL Lift (1) PAL Lift

(1) Splash Lift (1) Splash Lift (1) Splash Lift 3645 Gun Club Rd. 861 Toney Penna Dr. 6750 Lawrence Rd.

West Palm Beach, FL 33406 Jupiter, FL 33458 Lantana, FL 33462

Aqua Crest Pool Gleneagles Country Club Aquatic Center

(1) PAL Lift (1) PAL Lift

(1) Splash Lift 2728 Lake Worth Road 2503 Seacrest Blvd. Lake Worth, FL 33461 Delray Beach, FL 33444

The County, at its sole discretion, may add or delete equipment/locations at the same price provided by the quoter on the response page at any time during the term of the contract.

County’s Responsibilities

The County shall

• order on an as needed basis

• provide access to the facilities/properties requiring service.

Successful Quoter’s Responsibilities

The successful quoter shall

• perform a bi-annual preventative maintenance service of all the County’s lifts

• provide parts at cost, and perform repairs as needed

• be authorized by the equipment’s manufacturer, S.R. Smith, to repair equipment.

Technical Requirements

Preventative Maintenance on a bi-annual basis shall include the following services:

• Check operation of all components of lift.

• Lubricate all moving parts.

• Confirm all electrical readings meet manufacturing specifications.

• Clean all electrical connections.

• Tighten and torque all connections.

• Thoroughly clean and wax lift.

• Check/adjust operation of stabilizer bar.

• Provide parts at cost and repairs as necessary to ensure lifts are all in working condition.

County Acceptance

Payment shall be rendered only upon the County’s acceptance of said service and/or product. Acceptance is defined as provision of bi-annual preventative maintenance services meeting all criteria listed above and/or completion of repairs as needed.

Payment

Service shall be paid for on an hourly basis for actual time worked. Hourly rate shall commence upon arrival at site and terminate upon departure.

Hourly rate for service shall include, but not be limited to, manpower, equipment, tools, materials, and any/all incidental expenses that may arise from the performance of this service.

Rates are Defined as Follows:

Standard Rate – Hourly rate, per worker, for work requested and completed during the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding Palm Beach County recognized holidays.

Overtime Rate – Compensation shall be paid at a rate of 1.5 times the awarded standard rate for actual time worked between the hours of 5:00 p.m. and 7:00 a.m., Monday through Friday and weekends.

Holiday Rate – Compensation shall be paid at a rate of 2.0 times the awarded standard rate for actual time worked during Palm Beach County recognized holidays.

RESPONSE PAGE

ITEM

NO. DESCRIPTION

ESTIMATED

12 MONTH

QUANTITY

UNIT UNIT PRICE TOTAL OFFER

1. Bi-Annual Preventative Maintenance Inspection per unit (PAL or Splash Lift), as specified herein 24 EA $ $

2. Repair Services, as specified herein

15 HOUR $ $

TOTAL OFFER: $

All unit prices quoted 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.

Acknowledge Qualification of Quoters information is included, per Term #35? YES/INITIAL

Acknowledge Materials/Parts are to be supplied at quoter’s cost, per Term #37? YES/INITIAL

Acknowledge Insurance requirements, per Term #48? YES/INITIAL

* PLEASE AFFIX SIGNATURE WHERE INDICATED

(FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR RFQ)

By signature on this document, quoter acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County’s RFQ solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to the submission time.

Per General Term and Condition #33, 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.

FIRM NAME: (Enter the entire legal name of the quoting entity)

DATE:

* SIGNATURE: _____________________________

PRINT NAME:

PRINT TITLE:

ADDRESS:

CITY / STATE: ZIP CODE:

TELEPHONE # ( )

TOLL FREE # ( )

E-MAIL:

FAX #: ( )

APPLICABLE

LICENSE(S) NUMBER # TYPE:

FEDERAL ID #

DRUG-FREE WORKPLACE CERTIFICATION

IDENTICAL TIE BIDS/QUOTES - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/quotes the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2-80.21 thru 2-80.34. In the event tie bids/quotes are received from vendors who have not submitted with their bids/quotes a completed Drug-Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids/quotes.

This Drug-Free Workplace Certification form must be executed and returned with the attached bid/quote, and received on or before the published bid/quote submission deadline to be considered. The failure to execute and/or return this certification shall not cause any bid/quote to be deemed non-responsive.

Whenever two (2) or more bids/quotes which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid/quote received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1).

(4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section

287.087, Florida Statutes.

THIS CERTIFICATION is submitted by the (Individual's Name)

_______________________________________________ of

(Title/Position with Company/Vendor) (Name of Company/Vendor) who does hereby certify that said Company/Vendor has implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above.

Signature Date

Revised - 11/16/16

CERTIFICATION OF BUSINESS LOCATION

In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) quoters having a permanent place of business in Palm Beach County (“County”) or (2) quoters having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, quoters must have a permanent place of business within the County or the Glades, as applicable, prior to the County’s issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the quoter to provide the goods/services being solicited by the County, and will be used to verify that the quoter had a permanent place of business prior to the issuance of the solicitation. The quoter must submit this Certification of Business Location (“Certification”) along with the required Business Tax Receipt at the time of quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the quoter to not receive a local preference.

In instances where the quoter is exempt by law from the requirement of obtaining a Business Tax Receipt, the quoter must:

(a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the quoter had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation.

The County hereby retains the right to contact said quoters for additional information related to this requirement after the quote due date.

I. Quoter is a:

_________ Local Business: A local business has a permanent place of business in Palm Beach County.

(Please indicate):

________ Headquarters located in Palm Beach County ________ Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services.

_________ Glades Business: A Glades business has a permanent place of business in the Glades.

(Please indicate):

________ Headquarters located in the Glades ________ Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services.

II. The attached copy of quoter’s County Business Tax Receipt verifies quoter’s permanent place of business.

THIS CERTIFICATION is submitted by , as (Name of Individual)

, of

(Title/Position) (Firm Name of Quoter) who hereby certifies that the information stated above is true…