RFS No. 600537-LAC.pdf

Board of County Commissioners County Administrator

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

REQUEST FOR SUBMITTAL

RFS NO. 600537/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: June 8, 2017

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 July 21, 2017, 4:00 p.m. local time. See Section 1.6 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. 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

TABLE OF CONTENTS

SECTION PAGE

SECTION 1 GENERAL INFORMATION

1.1 Issuing Office

1.2 Purpose of the Project

1.3 Period of Contract

1.4 Qualification of Respondents

1.5 Timetable

1.6 Entering Submittals

1.7 Contact Person

1.8 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 Business Enterprise

2.10 Palm Beach County Office of the Inspector General Audit Requirements . 6

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 Successful Respondent Non-Discrimination Policy

2.22 Drug Free Workplace Certification

2.23 Authorized Signature

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 Price Submittal Information

3.5 Business Information

3.6 Amendments to the RFS

3.7 Additional Information

SECTION 4 SCOPE OF WORK/SERVICES

ATTACHMENT A - TITLE SERVICES REQUEST FOR QUOTE

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - Sample Standard Contract

SECTION 6 APPENDICES

APPENDIX A - Price Submittal Page APPENDIX B - Business Information APPENDIX C - Certification of Business Location APPENDIX D - Drug Free Workplace Certification APPENDIX E - Non-Discrimination Policy

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 1.7 Contact Person.

1.2 PURPOSE OF THE PROJECT:

The purpose of this solicitation is to establish a contract with a firm to be utilized on an as needed basis to provide:

1) Title reports

2) Fifty (50) Year Chain of Title Search

3) Title Insurance Commitment & Policy

4) Ownership & Encumbrance Search

5) Present Owner search

1.3 PERIOD OF CONTRACT:

The proposed effective date of this Contract is September 20, 2017. The selected respondent(s) will provide services for a twenty-four (24) month period ending September 19, 2019. Three (3) twelve (12) month renewal option(s) offered by the County, at the County’s sole discretion, may be included.

1.4 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.

1.5 TIMETABLE:

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

Activity Date Time Location

RFS available for 6/08/17 Purchasing Department Download from 50 S. Military Trail, Ste. 110 Purchasing Dept. VSS: W. P. B., FL 33415

Deadline for receipt of 6/20/17 5:00 p.m. Purchasing Department questions or comments 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Deadline for receipt 7/21/17 4:00 p.m. Purchasing Department of submittals 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Evaluation/Selection 8/10/17 Process

Award Date 9/20/17

Contract Start Date 9/20/17

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

County’s sole discretion.

1.6 ENTERING SUBMITTALS:

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 July 21, 2017, 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 RFS No. 600537/LAC

Title: Title Search Services Due Date: July 21, 2017, 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 pricing submitted to the County identified therein.

1.7 CONTACT PERSON:

The contact person for this RFS is Lynn Clavette, Buyer, at (561) 616-6809, e-mail address lclavette@pbcgov.com 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.

1.8 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 1.5) or fax number or e-mail address listed for the Contact Person (Section 1.7) 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 our 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 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 1.7) 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 1.5) 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 BUSINESS ENTERPRISE:

Policy

It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that all business be afforded an opportunity for full participation in the free enterprise system. In order to implement the policy, the Board of County Commissioners of Palm Beach County, Florida is committed to ensuring full and equitable participation by small business enterprises in the provision of goods and services.

Contract Award Criteria

For purchases made as a result of this solicitation, the County shall consider SBE participation in evaluating respondent’s submittals and making an award of a contract.

Therefore, respondents are encouraged and urged to make every effort to actively seek certified SBE participation and include that participation as part of their submittal.

SBE Certification

Only those firms certified by Palm Beach County at the time of submittal opening 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 respondent to confirm the certification of any proposed SBE; therefore, it is recommended that respondents visit the on-line Vendor Directory at www.pbcgov.org/osba to verify SBE certification.

Decertification

As part of the consideration for contract award under the SBE Ordinance, any firm/respondent decertified by Palm Beach County shall be considered non-responsive to the SBE requirements.

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS:

Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, 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- 2003-1274, 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 to determine the successful respondent.

2.16 EVALUATION CRITERIA:

1. Experience/Qualifications/Background/References (See Section 3.1)

2. Key Personnel and Operations (See Section 3.2)

3. Price Submittal (See Section 3.4)

4. Small Business Enterprise (See Section 2.9)

5. Business Location/Local Preference (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.

2.18 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1):

The selected respondent will be required to execute a contract similar to the attached Standard County Contract (Attachment 1). If a respondent has comments related to any of the provisions in this RFS and/or the contract sample, comments must be made, in writing, no later than the date specified in the RFS Timetable (see Section 1.5).

Standard County 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 13, to Palm Beach County, c/o Insurance Tracking Services, Inc. (ITS), P.O. Box 20270, Long Beach, CA 90801.

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 13).

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 SUCCESSFUL RESPONDENT NON-DISCRIMINATION POLICY:

Pursuant to Palm Beach County Resolution R-2014-1421, as may be amended, the successful respondent warrants and represents that 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 and expression or genetic information. Per Resolution R-2014-1421, as may be amended, the successful respondent shall perform the following and shall use the “Non- Discrimination Policy” form attached as Appendix E in order to do the same:

1. Submit to the County a copy of its non-discrimination policy, which shall be consistent with the non-discrimination policy of the County as set forth in this Section; OR

2. In the event that the successful respondent does not have a written non-discrimination policy, the successful respondent shall sign and submit to the County a statement affirming that their unwritten non-discrimination policy is in conformance with the County’s non-discrimination policy as provided in Palm Beach County Resolution R-2014-1421, as may be amended.

Upon request from the Purchasing Department, the recommended awardee shall satisfy the requirements set forth in this Section prior to execution of a contract with the County. If the recommended awardee fails to satisfy the requirements set forth herein within a timely manner, the County, at its sole discretion, will cancel the Recommended Award. It is the responsibility of the successful respondent to maintain a written or non-written non-discrimination policy that conforms with the County’s policy as set forth in Resolution R-2014-1421, as may be amended, throughout the term of the Contract.

Failure to meet this requirement shall be considered default of the Contract.

2.22 DRUG FREE WORKPLACE CERTIFICATION:

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

2.23 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 number, fax number 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 10 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.

NOTE: Each respondent must submit proof/documentation of the following qualifications:

Respondent MUST meet one (1) of the following categories

(Agent/Underwriter/Attorney Agent) identified below:

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 Rating of A-1 (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

OR – IF YOU ARE:

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 Rating of A-1 (A Prime) or better.

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

County against misappropriation and malfeasance.

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

OR – IF YOU ARE:

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 Rating of A-1 (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 & Omission), 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.

*3.1.2 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 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.

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 proposal submission the attached “Certification of Business Location” (Appendix C) (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.

Required Appendices

3.4 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.

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 or 561-355- 3295.

3.5 BUSINESS INFORMATION:

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

3.6 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

3.7 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.

mailto:pbcpaymentmgr@mypalmbeachclerk.com

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

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 a 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.

Pricing as identified by the CONTRACTOR's quote shall be strictly adhered to 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 4.3.3.d.

4.2.2 Quotes received shall be reviewed by the Director of Property & Real Estate Management or his 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.

4.3. TYPE OF SERVICE

Qualified CONTRACTOR shall be required to provide the following services:

4.3.1 TITLE REPORTS

At the COUNTY's sole discretion, the title report shall be in the form of a title commitment. The COUNTY may request CONTRACTOR to convert a title report to a title policy, at the COUNTY’s sole discretion, in which event, CONTRACTOR shall credit COUNTY for the full cost of the title report toward the cost of the title policy. In the event the title policy fee is less than the title report fee, the CONTRACTOR will not be required to refund the difference.

CONTRACTOR shall be required to provide copies of all documents referenced in the title report, at delivery of the report, at no additional charge to the COUNTY.

4.3.2. 50 YEAR CHAIN OF TITLE SEARCH (ENVIRONMENTAL)

The 50 year chain of title search report shall include the following:

a. The name and address, if available, of the record owner b The legal description of the parcel as shown by the conveyance(s) by which the record owner acquired the title. The COUNTY will supply the legal description of the subject property.

c. Identification of the chain of title to cover a period of not less than fifty

(50) years. If applicable, it may be necessary to go back more than fifty (50) years in order to get a good deed that would encompass the required fifty (50) years. The chain of title will specifically identify all instruments recorded with reference to the subject property.

d. On the chain of title, provide the following information in chronological order:

Book/page Date of Instrument Date Recorded Party of the first part Party of the second part

e. Identification of any environmental liens and/or judgments including:

Amounts Dates Book and page numbers

Recording date From whom and against whom the liens were placed.

f. Identification of other rights of interests of records including:

Florida public utility easements (natural/LP gas) Leases for oil and/or mineral rights Petrochemical/chemical companies Documents recorded by the Health Department or any other documents which might show potential or existing environmental damage to the subject land.

g. If documents are located that identify such environmental concerns, they must be provided in chronological order and at the time the title search is delivered.

h. Copies of all documents referenced in the chain of title must be provided at the time the title chain is delivered.

4.3.3 TITLE INSURANCE COMMITMENT AND POLICY

CONTRACTOR must adhere to the following requirements per the Office of Insurance Commissioner:

a. Insurance of an ALTA Owners Title Insurance Commitment and Policy, (June 17, 2006) Florida Modifications.

b. Policy to be delivered with the Commitment and Policy.

c. Legal Description (supplied by COUNTY).

d. Title premium to be based upon the minimum promulgated rate established by the Florida Insurance Commissioner. In addition to the title premium, charges up to $90.00 for search fee (aka update fee) and $132.00 closing fee will be allowed. The awarded CONTRACTOR will be required, as part of the $132.00 closing fee, to generate and have properly executed all closing documents that have been approved by the COUNTY and the CONTRACTOR.

4.3.4 OWNERSHIP AND ENCUMBRANCE SEARCH

Ownership and Encumbrance Report shall include the following:

a. Complete legal description (to be supplied by COUNTY).

b. Property Control Number

c. Current Owner(s)

d. All parties having an interest in the property, including mineral rights, options to purchase, leases and other possessory interests. This information shall specify how the interest was obtained, reference recorded document, parties involved, and recording information.

e. All encumbrances against the property, including any liens, judgments and mortgages.

f. Copies of all instruments evidencing ownership or encumbrance.

Type(s) of instrument Parties Legal Description Recording Information Name in which assessed

4.3.5 PRESENT OWNERS SEARCH

Present Owner Report shall include the following:

a. Complete legal description (to be supplied by COUNTY).

b. Property Control Number

c. Present Owner(s)

d. All encumbrances against the property, including any liens, judgments and mortgages.

e. Copies of all instruments evidencing ownership or encumbrance.

Type(s) of instrument Parties Legal Description Recording Information Name in which assessed

NOT REQUIRED: Physical encumbrances including restrictions, easements and covenants.

4.3.6 LITIGATION TESTIMONY

CONTRACTOR shall provide litigation testimony and expert witness services, if called upon by the COUNTY, on an as-needed basis, in accordance with the Scope of Work/Services and all requirements as identified herein.

4.3.7 COUNTY REQUIREMENTS

a. The awarded CONTRACTOR shall be required to certify the title to any plat, at no extra charge, provided that the CONTRACTOR has been contracted to provide a title report or title policy on the proposed platted property.

b. COUNTY shall not pay any extra fee for a title service product required to be provided on a rush basis. Work required in twenty-four (24) hours is paid on the same terms as that requested in ten (10) or thirty

(30) days.

c. CONTRACTOR must have an active office, staffed Monday through

Friday, 8:00 a.m. – 5:00 p.m., in Palm Beach County with a local telephone number and fax number to service the West Palm Beach area. CONTRACTOR must have and maintain an active e-mail address throughout the Contract period.

ATTACHMENT A

TITLE SERVICES REQUEST FOR QUOTE

TO SCOPE OF WORK/SERVICES

(Consisting of 1 page)

PROPERTY & REAL ESTATE MANAGEMENT DIVISION

COVER SHEET

DATE:

TO:

FROM: <<<< Specialist >>>>>> Property & Real Estate Management Division

RE: Title Services Request for Quote

PCN: <<<<< >>>>>>

Project Name: <<<< >>>>>>

Number of Pages (including cover sheet):_______

Please provide us with a quote for a [insert product requested] for the parcel (s) depicted on the attached [insert]. After we receive the quote and delivery terms, we will provide you with a Notice to Proceed.

The [insert product requested] must be provided to us within [insert time frame].

Please sign and return this memorandum if you agree to the above terms.

Should you have any questions, please contact me at (561) 233-[insert].

Search $ Title Report $ Update Fee $ Closing Fee $ Title Insurance Premium $

50-year Chain $ Present Owner $ O&E $

Total Price: $

Comments:

cc: <<<< supervisor >>>>

<<<<department >>>>

SECTION 5

ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

ATTACHMENT 1

SAMPLE STANDARD CONTRACT

CONTRACT FOR

TITLE SEARCH SERVICES

(Contract No. 600537/LAC)

This Contract No. 600537/LAC is made as of this day of , 2017, by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and (Put in Vendor’s Legal Name and Address) , (select the applicable type from the following types of entities) an individual, a partnership, a corporation, a limited liability company, or specify another authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR.

In consideration of the mutual promises contained herein, the COUNTY and the CONTRACTOR agree as follows:

ARTICLE 1 - SERVICES

The CONTRACTOR’s responsibility under this Contract is to provide Title Search Services to Facilities Development & Operations Department/Property & Real Estate Management Division (PREM), in accordance with Exhibit A, Scope of Work/Services, and Exhibit ___, CONTRACTOR's submittal dated _______________________, both of which are attached hereto and incorporated herein.

The COUNTY’s representative/liaison during the performance of this Contract shall be Ross C. Hering, Director, Property & Real Estate Management Division, telephone number (561) 233-0217 or designee.

The CONTRACTOR’s representative/liaison during the performance of this Contract shall be (Name, Title) , telephone number .

ARTICLE 2 - ORDER OF PRECEDENCE

Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of the Contract, including Exhibit ___; (2) the provisions of RFS No. 600537/LAC and all Amendments thereto, which are incorporated into and made a part of this Contract; (3) Exhibit __, CONTRACTOR’s submittal dated ___________; and (4) all other documents, if any, cited herein or incorporated herein by reference.

ARTICLE 3 - SCHEDULE

The CONTRACTOR shall commence services on September 20, 2017, and complete all services by September 19, 2019, with three (3) twelve (12) month options for renewal at the sole discretion of the COUNTY.

Reports and other items shall be delivered and/or completed in accordance with Exhibit A.

ARTICLE 4 - PAYMENTS TO CONTRACTOR

A. The total amount to be paid by the COUNTY under this Contract for all services and materials shall not exceed a total contract amount of __________ Dollars and no cents ($ ).

The COUNTY shall pay the CONTRACTOR on a firm fixed price basis as identified in each Title Search Work Order. The CONTRACTOR will bill the COUNTY for the identified firm fixed price upon completion of all work specified in each work order.

B. CONTRACTOR shall send ALL ORIGINAL invoices to: PALM BEACH COUNTY

FINANCE DEPT., P.O. BOX 4036, WEST PALM BEACH, FL 33402-4036, with a copy to the COUNTY’s representative. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the COUNTY’s representative, indicating that services have been rendered in conformity with the Contract. Approved invoices will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following approval by the COUNTY’s representative. Invoices submitted on carbon paper shall not be accepted. In order for the COUNTY to make payment, the CONTRACTOR must ensure that the following information included on Appendix _, Business Information, of Exhibit __, CONTRACTOR’s submittal must be exactly the same as it appears on the invoice and in the COUNTY’s Vendor Self Service System which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService: Vendor’s Legal Name, Vendor’s Address, and Vendor’s TIN/FEIN Number.

C. Final Invoice: In order for both parties herein to close their books and records, the CONTRACTOR will clearly state “final invoice” on the CONTRACTOR’s final/last billing to the COUNTY. This shall constitute CONTRACTOR’s certification that all services have been properly performed and all charges and costs have been invoiced to the COUNTY. Any further charges, if not properly included on this final invoice, are waived by the CONTRACTOR.

ARTICLE 5 - PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

AUDIT REQUIREMENTS

Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed COUNTY contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the COUNTY, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, F.S., in the same manner as a second degree misdemeanor.

ARTICLE 6 - TRUTH-IN-NEGOTIATION CERTIFICATE

Signature of this Contract by the CONTRACTOR shall also constitute the execution of a truth-in-negotiation certificate certifying that the wage rates, over-head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete, and current as of the date of the Contract and no higher than those charged the CONTRACTOR’s most favored customer for the same or substantially similar service.

The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate representation(s) of fees paid to outside contractors. The COUNTY shall exercise its rights under this Article 6 within three (3) years following final payment.

ARTICLE 7 - TERMINATION

This Contract may be terminated by the CONTRACTOR upon sixty (60) days prior written notice to the COUNTY, in the event of substantial failure by the COUNTY to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the COUNTY, with cause upon five (5) business days written notice to the CONTRACTOR, or without cause upon ten (10) business days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for services rendered to the COUNTY’s satisfaction through the date of termination. After receipt of a Termination Notice, except as otherwise directed by the COUNTY in writing, the CONTRACTOR shall:

1. Stop work on the date and to the extent specified.

2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work.

3. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY.

4. Continue and complete all parts of the work which have not been terminated.

ARTICLE…