RFS 600596R-LAC.pdf

Board of County Commissioners County Administrator

Gregg K. Weiss, Mayor Maria Sachs, Vice Mayor Maria G. Marino Verdenia C. Baker Dave Kerner Marci Woodard Sara Baxter Purchasing Department Mack Bernard www.pbcgov.com/purchasing

REQUEST FOR SUBMITTAL

RFS NO. 600596R/LAC

Palm Beach County Board of County Commissioners and Facilities Development & Operations/Property & Real Estate Management Division are seeking Submittals for:

Title Search Services

Date issued/available for distribution: December 13, 2022

Respondents shall submit one (1) unbound original, three (3) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete submittal which must be received in the Offices of the Purchasing Department no later than January 11, 2023, 4:00 p.m. local time. See Section 1.7 of the RFS for mailing instructions.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR RECEIPT OF SUBMITTALS

AND THE RFS 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. If respondent intends to use subcontractors, Respondent must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until a contractor has verified that the contractor and all of its subcontractors are registered in VSS. As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our VSS system.

Palm Beach County shall not be responsible for the completeness of any Request for Submittal 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 General Information

1.3 Purpose of the Project

1.4 Period of Contract

1.5 Qualification of Respondents

1.6 Timetable

1.7 Submittal Submission

1.8 Contact Person

1.9 Additional Information / Amendment(s)

SECTION 2 GENERAL TERMS AND CONDITIONS

2.1 Submittal Guarantee

2.2 Modified Submittals

2.3 Withdrawal of Submittals

2.4 Late Submittals, Late Modified Submittals

2.5 RFS Postponement / Cancellation

2.6 Costs Incurred by Respondents

2.7 Proprietary / Confidential Information

2.8 Negotiations

2.9 Small/Minority/Women Business Enterprise (S/M/WBE) / EBO

Requirements

2.10 Palm Beach County Office of the Inspector General Audit Requirements 10

2.11 Rules; Regulations; Licensing Requirements

2.12 Criminal History Records Check

2.13 Review of Submittals

2.14 Exceptions to the RFS

2.15 Selection Process

2.16 Evaluation Criteria

2.17 Award of Contract

2.18 Standard Contract Provisions (Attachment 1)

2.19 Commencement of Work

2.20 Insurance Requirements

2.21 Drug Free Workplace Certification

2.22 Authorized Signature

ii

TABLE OF CONTENTS

(continued)

SECTION PAGE

SECTION 3 SUBMITTAL REQUIREMENTS

3.1 Experience / Qualification / Background / References Information

3.2 Key Personnel and Operations Information

3.3 Business Location / Local Preference

3.4 Commercial Non-Discrimination

3.5 Price Submittal Information

3.6 Business Information

3.7 Amendments to the RFS

3.8 Additional Information

SECTION 4 SCOPE OF WORK/SERVICES

ATTACHMENT A - TITLE SERVICES REQUEST FOR QUOTE

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - Sample Standard Contract

EXHIBIT C - AFFIRMATIVE PROCUREMENT INITIATIVES (“API”)…50

SECTION 6 APPENDICES

APPENDIX A - Price Submittal Page APPENDIX B - Business Information APPENDIX C - OEBO Schedules 1, 2, 3(A), 4 APPENDIX D - Certification of Business Location APPENDIX E - Drug Free Workplace Certification

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Submittal (RFS) is issued for the County of Palm Beach (hereinafter referred to as “County”) by the Purchasing Department for the benefit of Facilities Development & Operation/Property & Real Estate Management Division (PREM). The Purchasing Department is the SOLE point of contact concerning this RFS. All communications regarding this RFS must be done through the Purchasing Department.

See Section 1.8 Contact Person.

1.2 GENERAL INFORMATION

The solicitation is broken up into two (2) separate Lots and the County shall request title service based on the type of property that requires title services. The types of properties that the County will require service for are described below:

Lot #1 Residential properties – being defined as having existing zoning, land use or future land use permitting no more than five (5) residential units with no reasonable potential for conversion to more intense usage.

Lot #2 Commercial properties – defined as being currently zoned commercial or have a commercial future land use designation; have an existing or future land use designation which would permit residential development of more than five (5) units; and can reasonably be expected to be approved for a re-zoning or land use change to one or more of the above listed categories.

1.3 PURPOSE OF THE PROJECT

Palm Beach County is seeking submittals from qualified firms to provide title services for the County on an as needed basis utilizing the following:

1. Title Reports

2. 50 Year Chain of Title Search

3. Title Insurance Commitment & Policy

4. Ownership & Encumbrance Search

5. Present Owner Search

1.4 PERIOD OF CONTRACT

The proposed effective date of this Contract is February 09, 2023. The selected respondent(s) will provide services for a twenty-four (24) month period ending

February 08, 2025. Three (3) twelve (12) month renewal option(s) offered by the County, at the County’s sole discretion, may be included.

1.5 QUALIFICATION OF RESPONDENTS

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

1.6 TIMETABLE

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

Activity Date Time Location

RFS available for 12/13/22 Purchasing Department Download from 50 S. Military Trail, Ste. 110 Purchasing Dept. VSS: W. P. B., FL 33415 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Deadline for receipt of 12/29/22 5:00 p.m. Purchasing Department questions or comments 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Deadline for receipt 1/11/23 4:00 p.m. Purchasing Department of submittals 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Evaluation/Selection 1/26/23 Process

Award Date 2/09/23

Contract Start Date 2/09/23

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

County’s sole discretion.

1.7 SUBMITTAL SUBMISSION

All submittals must be sent on 8 ½” x 11” paper.

One (1) unbound original, three (3) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete submittal must be received in the Purchasing Department by January 11, 2023, 4:00 p.m. local time. The original and all copies must be submitted in a sealed envelope or container. The respondent’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFS. The outer envelope or wrapper should be addressed as follows:

Respondent Name Address Phone No.

Palm Beach County Board of County Commissioners Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415 ATTENTION: Lynn Clavette, Buyer RFS No. 600596R/LAC

Title: Title Search Services Due Date: January 11, 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.

Respondents 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.

The Price Submittal 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 respondent (“Authorized Person”).

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

1.8 CONTACT PERSON

The contact person for this RFS is Lynn Clavette, Buyer, at (561) 616-6809, e-mail address lclavette@pbcgov.org or fax number (561) 242-6709 in the Purchasing Department.

Respondents are advised that from the date of release of this RFS until award of the contract, NO contact with County staff concerning this RFS is permitted, except as authorized by the contact person designated herein.

1.9 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 the date specified and to the address listed in the RFS Timetable (Section 1.6) or fax number or e-mail address listed for the

Contact Person (Section 1.8) above. The request must contain the respondent’s name, address, phone number, facsimile number and e-mail address.

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

Changes to this RFS, when deemed necessary by the County, will be completed only by written Amendment(s) issued prior to the Deadline for receipt of submittals. Respondents should not rely on any representations, statements or explanations other than those made in the RFS or in any Amendment to this RFS. Where there appears to be a conflict between the RFS 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 respondent to routinely check VSS for any Amendments that may be issued prior to the Deadline for receipt of submittals. The County shall not be responsible for the completeness of any RFS package not downloaded from VSS or obtained directly from Palm Beach County Purchasing Department.

It is the respondent’s sole responsibility to assure receipt of all Amendments. The respondent should verify with the designated Contact Person (see Section 1.8) prior to submitting a submittal that all Amendments have been received. Respondents are required to acknowledge the receipt of all Amendments as part of their submittal.

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 SUBMITTAL GUARANTEE

Respondent guarantees their commitment, compliance, and adherence to all requirements of the RFS by submission of their submittal.

2.2 MODIFIED SUBMITTALS

A respondent may submit a modified submittal to replace all or any portion of a previously submitted submittal until the Deadline for receipt of submittals. The County will only consider the latest version of the submittal.

2.3 WITHDRAWAL OF SUBMITTALS

A submittal may be withdrawn only by written notification. Letters of withdrawal received after the Deadline for receipt of submittals 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 submittals.

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

2.4 LATE SUBMITTALS, LATE MODIFIED SUBMITTALS

Submittals and/or modifications to submittals received after the Deadline for receipt of submittals specified in RFS Timetable (Section 1.6) are late and shall not be considered.

2.5 RFS POSTPONEMENT / CANCELLATION

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

RFS.

2.6 COSTS INCURRED BY RESPONDENTS

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

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

Any material submitted in response to this Request for Submittal is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding respondent might consider to be confidential. All submitted information that the responding respondent 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.

2.8 NEGOTIATIONS

The County may award a contract on the basis of initial offers received, without discussions. Therefore, each submittal should contain the respondent’s best price and technical offer.

2.9 SMALL/MINORITY/WOMEN BUSINESS ENTERPRISE (S/M/WBE) / EBO

REQUIREMENTS

Policy

It is the policy of the Board of County Commissioners of Palm Beach County, Florida, (the Board) that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County’s procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code, (EBO Ordinance) which sets forth the County’s requirements for the EBO program, and which is incorporated in this solicitation. The provisions of the EBO Ordinance are applicable to this solicitation and shall have precedence over the provisions of this solicitation in the event of a conflict.

NOTE: All forms related to the EBO Program can be found at http://discover.pbcgov.org/oebo/Pages/Documents.aspx.

Application of Affirmative Procurement Initiative(s) (API)

The API(s) approved for this solicitation, including any applicable S/M/WBE goals is/are attached hereto as EXHIBIT C.

If an S/M/WBE goal applies, respondents are required to submit Schedules 1 and 2 with their submittal in order to be deemed responsive to this solicitation. If an S/M/WBE goal is not applied to this solicitation, Schedules 1 and 2 are to be submitted with the submittal to document S/M/WBE participation.

Submittal Submission Documentation

If any subcontractors or subconsultants are utilized in performing work under this Contract, respondents shall complete the attached Schedule 1 and Schedule 2, listing the work to be performed by each subcontractor or subconsultant, including S/M/WBE subcontractors and subconsultants.

S/M/WBE respondents submitting as Prime Contractors or Consultants are advised that they shall complete the attached Schedule 1 and Schedule 2, listing the work to be performed by their own workforce.

Schedule 1 – List of Proposed Subcontractors/Subconsultants

A completed Schedule 1 submitted by the Prime shall list the names of all subcontractors/subconsultants intended to be used in performance of the Contract, if awarded, including the total proposed percentage of S/M/WBE participation. This schedule shall also be used if an S/M/WBE Prime Contractor/Consultant is performing all or any portion of this contract with their work force.

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

Schedule(s) 2 – Letter(s) of Intent

A completed and executed Schedule 2 is a binding document between the Prime Contractor/Consultant and a subcontractor/subconsultant (or any tier) and should be treated as such. Each Schedule 2 shall be properly executed by the Prime Contractor/Consultant and by the proposed subcontractor/subconsultant. If the Prime Contractor/Consultant is an S/M/WBE, a Schedule 2 shall be submitted to document work to be performed by its workforce. All S/M/WBE(s) shall specify, in detail, the type of work they will perform along with the dollar amount they will be compensated and/or percentage of work they will perform. If any subcontractor/subconsultant intends to subcontract any portion of their work, they are required to list the dollar amount and the name of the subcontractor/subconsultant on this schedule. All named subcontractors/subconsultants on this schedule must also complete and submit a separate Schedule 2. The Prime may count toward its SBE or M/WBE goal second and third tiered certified S/M/WBE(s); provided that the Prime Contractor/Consultant submits a completed and executed Schedule 2 for each S/M/WBE.

A detailed scope of work may be attached with an executed Schedule 2.

In the event of a conflict between Schedules 1 and 2 when calculating S/M/WBE participation, the information provided on Schedule 2 shall have precedence. If the County’s issuance of a change of scope, including alterations, additions or reduction on this project results in changes in the scope of work to be performed by a subcontractor/subconsultant listed at the time of submittal submission, the Prime must submit a completed and executed Schedule 2 that specifies the revised scope of work to be performed by the subcontractor/subconsultant, along with the modified price and /or percentage.

S/M/WBE Certification

Only those firms certified by Palm Beach County at the time of submittal submission shall be counted toward the established S/M/WBE goals. Upon receipt of a completed application, IT TAKES UP TO NINETY (90) BUSINESS DAYS TO BECOME CERTIFIED AS AN S/M/WBE WITH PALM BEACH COUNTY. It is the responsibility of the respondent to confirm the certification of any proposed S/M/WBE; therefore, it is recommended that respondents visit the online Vendor Directory at www.pbcgov.org/oebo to verify S/M/WBE certification status. Firms must continue to recertify during the life of the contract as the County may only count toward the established goal, work performed by an S/M/WBE during the time their certification dates are valid.

Responsibilities After Contract Award

Schedule 3(A) – Professional Services Activity Report

The Prime Contractor/Consultant shall submit a completed Professional Services Activity Report form (Schedule 3(A)) with each invoice or payment application when a http://www.pbcgov.org/oebo subcontractor/subconsultant has provided services during the period in which the Prime is requesting payment. This form shall contain the names of the Prime and subcontractor(s)/subconsultant(s) on the project specifying the contract amount; start date; amount paid to date and percentage of work completed by the Prime and subcontractor(s)/subconsultant(s). This form is intended to be utilized on all professional services contracts.

Schedule 4 – Payment Certification

A fully executed Schedule 4 shall be submitted for each subcontractor/subconsultant after receipt of payment from the Prime Contractor/Consultant. The Prime Contractor/Consultant shall submit this schedule with each payment application or invoice submitted to the County when the County has paid the Prime Contractor/Consultant on the previous payment application for services provided by a subcontractor/subconsultant.

If any subcontractor/subconsultant intends to disburse funds associated with this payment to another subcontractor/subconsultant for labor provided on this contract, the amount and name of the subcontractor/subconsultant shall be listed on this schedule. All named subcontractors/subconsultants on this schedule must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime Contractor/Consultant is a certified S/M/WBE, a Schedule 4 shall be submitted to reflect the amount of payment retained by the Prime Contractor/Consultant for services performed by its own workforce.

All respondents hereby agree and assure that they will meet the S/M/WBE participation percentages submitted in their respective submittals with the subconsultants or subcontractors contained on Schedules 1 and 2 and at the dollar values or percentages specified. Respondents agree to provide any additional information requested by the County to substantiate participation.

The successful respondent shall submit a Professional Services Activity Report (Schedule 3(A)) and Payment Certification (Schedule 4) with each payment application, when applicable. Failure to provide these schedules may result in a delay in processing payment or disapproval of the invoice until they are submitted. The Professional Services Activity Report is to be filled out by the Prime Contractor/Consultant and the Payment Certification are to be executed by the subcontractor/subconsultant to verify receipt of payment.

Upon letter notification by the County that the EBO payment portal/tracking system is available for use, the Contractor/Consultant is required to input all subconsultant and subcontractor payment information directly into the EBO payment portal prior to submitting a payment application.

NOTE: All OEBO forms are available on the OEBO website:

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

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

S/M/WBE Substitutions

After contract award, the Prime Contractor/Consultant will only be permitted to substitute a certified S/M/WBE that is unwilling or unable to perform. The Prime Contractor/Consultant will only be permitted to modify the scope of work or price of an S/M/WBE listed in their response to the solicitation as a result of the County’s issuance of an amendment, alternate or change orders on a project. Substitutions shall be done with like certified S/M/WBEs in order to maintain the participation percentages submitted with the submittal.

All requests for modifications or substitutions shall be submitted to the originating County Department and the OEBO on the EBO Request for S/M/WBE Substitution Modification Removal Form for review. Upon receiving an approval for substitution, he Prime Contractor/Consultant shall complete and submit a new executed Schedule 2 that specifies the revised scope of work to be performed by the S/M/WBE, along with the revised dollar amount and/or percentage.

A detailed scope of work may be attached with a executed Schedule 2.

EBO Program Compliance- Penalties

Under the EBO Ordinance, the OEBO is required to implement and monitor S/M/WBE utilization during the term of any contract resulting from this solicitation. It is the County’s policy that S/M/WBEs shall have the maximum feasible opportunity to participate in the performance of County contracts. All respondents are required to comply with the EBO Ordinance and shall be expected to comply with the APIs applicable to this solicitation, as well as the S/M/WBE utilization proposed by a respondent in its submittal, which utilization plan forms a part of any resulting contract.

The Director of the OEBO or designee may require such reports, information, and documentation from the respondent/Contractor/Consultant as are reasonably necessary to determine compliance with the EBO Ordinance requirements. Contractor/Consultant shall correct all noncompliance issues within fifteen (15) calendar days of a written notice of noncompliance by the department procuring the goods or services or the EBO Office.

If the Contractor/Consultant does not resolve the non-compliance within fifteen (15) days of receipt of written notice of non-compliance, then the Director of the OEBO or designee may impose upon the non-complying party any or all of the following penalties:

a. Suspension of contract;

b. Withholding of funds;

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

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

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

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

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

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

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

The respondent shall comply with all laws, ordinances, and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. Respondents are presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may, in any way, affect the services offered, to include Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375, and as supplemented by the Department of Labor Regulations (41 CFR, Part 60).

2.12 CRIMINAL HISTORY RECORDS CHECK

Pursuant to Palm Beach County Code Section 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 respondent is solely responsible for understanding the financial, schedule, implications, and/or staffing implications of this Ordinance. Further, the respondent acknowledges that its submittal 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 SUBMITTALS

Each submittal will be reviewed to determine if the submittal is responsive to the RFS.

Submittals deemed to be non-responsive will be rejected without being evaluated by the County. A responsive submittal 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 submittal (as stated in Section 3). While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a submittal without evaluation, such substandard submissions may adversely impact the evaluation of your submittal, especially information relating to establishing financial/business stability.

Respondents who fail to comply with all of the required and/or desired elements of this RFS, do so at their own risk.

2.14 EXCEPTIONS TO THE RFS

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

2.15 SELECTION PROCESS

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

The Department will evaluate all responses to this RFS that meet the Submittal Requirements and are deemed responsive. The Department may evaluate all responsive submittals based solely on the information submitted with the submittal. Accordingly respondents are urged to ensure that their submittal contains all the necessary information for the Department 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, respondent presentations, outside consultants, and/or any other information may be required, at any time during the selection process, to help the Department determine the successful respondent. The Department 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 Department.

2.16 EVALUATION CRITERIA

1. Experience / Qualifications Weight 40 % ( 40 pts) Background / References (See Section 3.1)

2. Key Personnel and Operations Weight 15 % ( 15 pts) (See Section 3.2)

3. Price Submittal Weight 25 % ( 25 pts) (See Section 3.5)

4. Small/Minority/Women Business Enterprise Weight 15 % ( 15 pts) (See Section 2.9 and Exhibit C “API”s)

5. Business Location / Local Preference Weight 5 % ( 5 pts) (See Section 3.3)

2.17 AWARD OF CONTRACT

The award, if any, will be made to the responsive, responsible respondent whose submittal is considered to be the most advantageous to the County based on the County’s opinion after review of every such submittal including, but not limited to, price. Palm Beach County reserves the right to make multiple awards for each Lot within this solicitation. In the event that this right is exercised, the most advantageous submittal to the County will be designated primary awardee, the second most advantageous submittal shall be designated secondary awardee and the third most advantageous submittal will be designated tertiary awardee.

2.18 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

The selected respondent will be required to execute a contract similar to the attached Sample Standard Contract (Attachment 1). If a respondent has comments related to any of the provisions in this RFS and/or the Sample Standard Contract, comments must be made in writing and submitted no later than the date specified in the RFS Timetable (see Section 1.6).

The Sample Standard Contract provisions (general and specific) will be incorporated into any contract resulting from this RFS. Should any selected respondent and the County be unable to consummate a written contract, the County may proceed to the next most advantageous submittal or issue a new solicitation or cancel the procurement process in its entirety.

2.19 COMMENCEMENT OF WORK

This RFS 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 respondent. The County may set a different starting date for the contract. The County will not be responsible for any work done by the respondent, even work done in good faith, if it occurs prior to the contract start date set by the County.

2.20 INSURANCE REQUIREMENTS

Prior to the effective date of the Contract, it shall be the responsibility of the successful respondent 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 1.8, until otherwise notified by County.

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

2.21 DRUG FREE WORKPLACE CERTIFICATION

Respondents should submit with their submittal an executed Drug Free Workplace Certification (Appendix E) indicating that the respondent has implemented a Drug Free Workplace Program which meets the requirements of Section 287.087, F.S.

2.22 AUTHORIZED SIGNATURE

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

SECTION 3

SUBMITTAL REQUIREMENTS

SUBMITTAL FORMAT AND CONTENT

Format

Respondent shall submit one (1) unbound original, three (3) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete submittal. Submittals should be typed, double-spaced and submitted on 8 ½” x 11” size paper. Copies should be bound using a single method of fastening (e.g., stapled, binder, etc.). Submittals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

Table of Contents

Submittals should contain a Table of Contents. The Table of Contents outlines in sequential order all of the areas of the submittal and it allows for clarity and ease of review of the submittal.

Letter of Transmittal

Submittals should contain a Letter of Transmittal addressed to Lynn Clavette, Buyer, and should, at a minimum, contain the following:

a. Identification of respondent, including name, address and telephone number.

b. Proposed working relationship between respondent and subcontractors, if applicable.

c. Name, title, address, telephone/fax numbers and e-mail address of contact person during period of submittal evaluation.

d. Signed by a person authorized to bind respondent to the terms of the submittal.

Technical Submittal

Submittals shall contain all of the documents listed below, each fully completed, signed, and notarized as required. Failure of a respondent to provide the required information is considered sufficient cause to deem the submittal non-responsive.

The items(s) marked by an asterisk (*) should be a part of the submittal; however, if these items are omitted, the respondent must submit the item(s) upon request from the County within a time frame specified by the County (normally within two working days of request) or the submittal shall be deemed non-responsive. All other items must be submitted with the submittal or it shall be deemed non-responsive.

Notwithstanding these submittal requirements, the County reserves the right, at its sole discretion, to waive any minor irregularity relating to the submittal. Upon request, it shall be the responsibility of the respondent to address the determined minor irregularity within a time frame specified by the County (normally within two working days of request).

Failure of a respondent to provide the required information within the specified time frame is considered sufficient cause to deem the submittal non-responsive.

Each of the following requirements should be addressed in separate sections of the submittal.

3.1 EXPERIENCE / QUALIFICATION / BACKGROUND / REFERENCES

INFORMATION

3.1.1 Each respondent shall submit a detailed statement of its firm’s experience

(a minimum of ten (10) consecutive years), qualifications, and background for providing Title Search Services as an Agent (Corporation, Company, Partnership), Underwriter or Attorney Agent. Include the Scope of Services performed which demonstrates the expertise in providing the services as stated herein.

3.1.2 Respondent shall meet one (1) of the following categories

(Agent/Underwriter/Attorney Agent) identified below and submit proof/documentation of the following qualifications:

IF YOU ARE AN:

A. Agent (Corporation/Company/Partnership):

1. Must be a Florida Corporation or Company or Partnership.

2. Must be licensed by the Florida Department of Insurance and provide documentation that the Agent has:

a) Surety Bond or acceptable securities in the amount of $35,000.00 has been filed with the Department of Insurance (per Florida Statutes Chapter 626.8418).

b) Fidelity Bond in the amount of $50,000.00 (per Florida Statutes Chapter 626.8419).

c) Professional Liability Policy (Errors & Omissions Policy) – a minimum amount of $1,000,000.00 with a deductible not greater than $10,000.00.

3. Provide names(s) of licensed title agent(s) to sign title commitments and title policies.

4. Underwriter must have a Demotech FSR (Financial Stability Rating) of A' (A Prime) or better.

5. Provide a copy of Underwriting Agreement in effect.

6. Underwriter must provide an Insured Closing Letter on behalf of their agent. This letter shall indemnify the County against misappropriation and malfeasance.

7. Provide the following evidence that qualifies you to perform core requirements as set forth by the Department of Insurance and

HUD:

a) Title

b) Title Examination

c) Commitment Preparation

d) Closing

e) Disbursement

f) Policy Issuance

B. Underwriter:

1. Respondent must provide documentation that the Underwriter is properly licensed by the Florida Department of Insurance to do business in the State of Florida.

2. Must have a Demotech (FSR) of A' (A Prime) or better.

3. Provide an Insured Closing Letter. This letter shall indemnify the

County against misappropriation and malfeasance.

4. Professional Liability Policy (Errors & Omissions Policy) – a minimum amount of $1,000,000.00 with a deductible not greater than $10,000.00.

C. Attorney Agent:

1. Respondent must provide documentation that the Attorney Agent is properly admitted to Florida Bar and licensed to practice in Florida.

2. Must have an Underwriting Agreement with an Underwriter having a Demotech (FSR) of A' (A Prime) or better.

3. Underwriter shall provide an Insured Closing Letter on behalf of their attorney agent. This letter shall indemnify the County against misappropriation and malfeasance.

4. Professional Liability Policy (Errors & Omissions Policy) – a minimum amount of $1,000,000.00 with a deductible not greater than $10,000.00.

5. Provide proof that you are qualified to perform core requirements as set forth by Department of Insurance and HUD for the following:

a) Title

b) Title Examination

c) Commitment Preparation

d) Closing

e) Disbursement

f) Policy Issuance

IMPORTANT NOTE: RESPONDENT / AGENT / UNDERWRITER /

ATTORNEY AGENT MUST BE CAPABLE OF EXECUTING THE

TITLE CERTIFICATION OF A PLAT.

*3.1.3 Each respondent should submit a minimum of three (3) references demonstrating the successful provision of Title Search Services within the past five (5) years.

Each reference should include the following:

a. Name of client company, contact names, addresses, telephone/fax numbers, dollar amount of contracts and dates of service.

b. Scope of Work, types of services performed and number of full-time staff provided.

Note: Personal references do not/will not satisfy this requirement. Any/all references shall address the performance of your firm as a whole and not that of any one (1) individual.

3.2 KEY PERSONNEL AND OPERATIONS INFORMATION:

The respondent shall provide:

3.2.1 An Organizational Chart identifying the structure of the firm.

3.2.2 A list of the key personnel assigned to the project, along with a complete resume detailing their experience, education, expertise, qualifications, and knowledge of title services. It is critical that the respondent identify any title examiner on staff working out of their facility and their experience. The respondent must have a minimum of one (1) title examiner on staff who has a minimum of ten (10) years of experience with Florida land title.

3.2.3 A description of the role of each staff member who will be responsible for handling and monitoring the Contract.

3.2.4 Identify government projects of similar nature in which each staff member has been involved.

3.3 BUSINESS LOCATION / LOCAL PREFERENCE

Pursuant to Section 2-80.47 of the Palm Beach County Local Preference Code, unless prohibited by federal, state or local law or where prohibited under the conditions of any grant, the location of a business shall be addressed through the evaluation criteria set forth in this solicitation.

Respondent shall submit at the time of submittal submission the attached “Certification of Business Location” (Appendix D) (the “Certification”) together with a valid Business Tax Receipt issued by the Palm Beach County Tax Collector, unless the respondent is exempt from the Business Tax Receipt requirement by law, which will be used to verify that the respondent had a permanent place of business prior to the issuance of this Notice of Solicitation/Request for Submittal.

The Palm Beach County Business Tax Receipt and the Certification are the sole determinant of Business Location/Local Preference eligibility. Errors in the completion of this Certification or failure to submit the completed Certification will cause the respondent to not receive a Business Location/Local Preference.

Provided a respondent does not qualify to receive an S/M/WBE preference, local respondents who submit the Certification, together with the required Business Tax Receipt at the time of submittal submission, shall receive five (5) points.

3.4 COMMERCIAL NON-DISCRIMINATION

As a condition of submitting a submittal to the County, the respondent agrees to comply with the County’s Commercial Non-Discrimination Policy as described in Resolution 2017-1770 as amended. In accordance with Palm Beach County Code Section 2-80.24, respondent hereby certifies and agrees that the following information is correct: In preparing its response to this solicitation, the respondent has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in the County’s Commercial Nondiscrimination Policy as set forth in Resolution 2017-1770 as amended, to wit: discrimination in the solicitation, selection or commercial treatment of any subcontractor, vendor, supplier or commercial customer on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the vendor's, supplier's or commercial customer's employees or owners;

provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the County’s relevant marketplace of Palm Beach County. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the County to reject the submittal submitted by the respondent for this solicitation, and to terminate any contract awarded based on the response.

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

Indicate your agreement to the foregoing by signing the Price Submittal Page(s).

In accordance with Palm Beach County Code Section 2-80.24, this certification and agreement must be completed and submitted with the submittal for all solicitations.

Required Appendices

3.5 PRICE SUBMITTAL INFORMATION

The respondent shall submit the attached Price Submittal Page(s) (Appendix A) filled out and signed. The respondent shall indicate the amount of money to be paid by the County during the Contract term.

Offers will receive up to the maximum points listed in 2.16 above, based upon the reasonableness of the total price and competitiveness of this amount with other offers received.

In order for the County to make payment, the Vendor’s Legal Name, Vendor’s Address and Vendor’s TIN/FEIN Number on the Contractor’s submittal and Contract must be exactly the same as it appears on the invoice and in the County’s Vendor Self Service (VSS) system. Contractor shall send ALL ORIGINAL invoices to the following address and may send copies of invoices to the County’s representative set forth in the Contract. Invoices submitted on carbon paper shall not be accepted.

PALM BEACH COUNTY

FINANCE DEPT.

P.O.BOX 4036

WEST PALM BEACH, FL 33402-4036

Note: Palm Beach County Vendors can now be paid by Credit Card via the County’s voluntary Payment Manager Program. For vendors who do not have a merchant account, one is needed to utilize the Program. For vendors with a merchant account, you will need to enroll with the Palm Beach County Clerk &

Comptroller’s office. For information, contact the Palm Beach County Clerk & Comptroller at pbcpaymentmgr@mypalmbeachclerk.com.

3.6 BUSINESS INFORMATION

Each respondent shall complete and submit the attached Business Information Page (Appendix B).

3.7 AMENDMENTS TO THE RFS

It is the respondent’s responsibility to assure receipt of all Amendments. The respondent shall verify with the designated contact person, prior to submitting a submittal, the number of Amendments that have been received. Each Amendment to the RFS shall be signed by an authorized person and shall be submitted with the submittal or the submittal shall be deemed non-responsive.

Additional Appendices

3.8 ADDITIONAL INFORMATION

Information considered by the respondent to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Respondents are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices should be relevant and brief.

SECTION 4

SCOPE OF WORK/SERVICES

4.1 PURPOSE

CONTRACTOR shall be utilized on an as needed basis for the provision of the following:

1) Title Reports;

2) 50 Year Chain of Title Search;

3) Title Insurance Commitment & Policy;

4) Ownership & Encumbrance Search;

5) Present Owner Search.

mailto:pbcpaymentmgr@mypalmbeachclerk.com

4.2. PROCESS OF AWARD OF TITLE SEARCH ASSIGNMENTS

The award of a contract is not a guarantee for receiving title search service assignments. As individual title search services are required, the CONTRACTOR shall be provided a statement of the Scope of Work/Services for such title search service assignment and shall be given an opportunity to submit a quote (see sample Attachment “A” to the Scope of Work) to undertake and complete the title search service assignment according to the following process:

4.2.1 Palm Beach County’s (COUNTY) Facilities Development & Operations/

Property & Real Estate Management Division (PREM), on an as-needed basis, will notify the CONTRACTOR via a written work order of the opportunity to provide title services. A packet of information (see sample Attachment A) required to evaluate a title search service assignment will be prepared by PREM and made available for review by the CONTRACTOR.

A pre-proposal meeting may be scheduled by PREM, depending on the complexity of the title search service assignment. Attendance to the meeting shall be mandatory for respondents and at no additional cost to the

COUNTY.

Pricing as identified by the CONTRACTOR's quote shall be strictly adhered to and must match Appendix A, Price Submittal Page(s), unless the service being sought is for a title commitment and policy. If the service requested is for a title commitment and policy, then the price quote for such assignment shall be in accordance with Section 3.5 and 4.3.3.d.

4.2.2 Quotes received shall be reviewed by the Director of PREM or designee.

Quotes are irrevocable for ninety (90) days from the submittal date.

Note: The COUNTY may allow for an additional charge above the unit price if the requested title search requires a review of more than one (1) chain of title. Any additional charge above the unit price must be approved, in writing, and is at the sole discretion of the COUNTY. The COUNTY may negotiate a discount unit price with the CONTRACTOR for specialized projects.

4.3. TYPE OF SERVICE

Qualified CONTRACTOR shall be required to…