Revised March 2026

Board of County Commissioners County Administrator Sara Baxter, Mayor Marci Woodward, Vice Mayor Joseph Abruzzo Gregg K. Weiss Joel Flores Maria G. Marino Maria Sachs Procurement Department Bobby Powell, Jr. www.pbcgov.org/procurement

REQUEST FOR SUBMITTAL

RFS NO. 26-0156/JJ

Palm Beach County Board of County Commissioners and

Park and Recreation are seeking

Submittals for:

Beverage Products and Services

Date issued/available for distribution: June 15, 2026

Respondents shall submit one (1) unbound original, two (2) 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 Procurement Department no later than July 29, 2026, 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 Procurement 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 Procurement Department.

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

REQUESTED IN AN ALTERNATE FORMAT

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

TABLE OF CONTENTS

SECTION PAGE

SECTION 1 GENERAL INFORMATION

1.1 ISSUING OFFICE

1.2 HISTORY AND BACKGROUND

1.3 PURPOSE OF THE PROJECT

1.4 PERIOD OF CONTRACT

1.5 QUALIFICATION OF RESPONDENTS

1.6 TIMETABLE

1.7 SUBMITTAL SUBMISSION

1.8 CONTACT PERSON

1.9 ADDITIONAL INFORMATION / AMENDMENTS (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 (SBE) SBD REQUIREMENTS………..5

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL……..5

AUDIT REQUIREMENTS

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

2.12 CRIMINAL HISTORY RECORDS CHECK

2.13 REVIEW OF SUBMITTALS

2.14 WAIVER OF MINOR IRREGULARITY

2.15 EXCEPTIONS TO THE RFS

2.16 SELECTION PROCESS

2.17 EVALUATION CRITERIA

2.18 AWARD OF CONTRACT

2.19 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

2.20 PAYMENTS TO AWARDED RESPONDENTS

2.21 COMMENCEMENT OF WORK

2.22 CONTRACT CLOSEOUT PERIOD…………………………………………..10

2.23 FINAL INVOICE

2.24 INSURANCE REQUIREMENTS

2.25 DRUG-FREE WORKPLACE

CERTIFICATION……

ii

2.26 AUTHORIZED SIGNATURE ……

2.27 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR

IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING –

F.S.287.05701……………………………………………………………………11

2.28 DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS WITH FOREIGN

COUNTRIES OF

CONCERN……………………………………………………………………..…11

iii

TABLE OF CONTENTS

(continued)

SECTION PAGE

SECTION 3 SUBMITTAL REQUIREMENTS

3.1 EXPERIENCE / QUALIFICATION / BACKGROUND / REFERENCES

INFORMATION

3.2 PROJECT APPROACH / UNDERSTANDING INFORMATION

3.3 BUSINESS LOCATION / LOCAL PREFERENCE

3.4 COMMERCIAL NON-DISCRIMINATION…………………………………

3.5 PRICE SUBMITTAL INFORMATION………………………………………...15

3.6 BUSINESS INFORMATION. ............................................................ .……16

3.7 AMENDMENTS TO THE RFS

3.8 HUMAN TRAFFICKING AFFIDAVIT

3.9 ADDITIONAL APPENDICES – ADDITIONAL INFORMATION

3.10 LITIGATION HISTORY

SECTION 4 SCOPE OF WORK/SERVICES

4.1 PURPOSE

4.2 CONTRACTOR’s REQUIREMENTS

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

EXHIBIT C - AFFIRMATIVE PROCUREMENT INITIATIVES (“API”)

EXHIBIT D – HUMAN TRAFFICKING AFFIDAVIT…………………..…… 47

SECTION 6 APPENDICES

APPENDIX A - PRICE SUBMITTAL PAGE

APPENDIX B - BUSINESS INFORMATION

APPENDIX C - (NEW)OEBO SCHEDULES 1, 2, 3(A), 4

APPENDIX D - CERTIFICATION OF BUSINESS LOCATION

APPENDIX E - DRUG-FREE WORKPLACE CERTIFICATION

SECTION 1

1.1 ISSUING OFFICE

This Request for Submittal (RFS) is issued for the County of Palm Beach (hereinafter referred to as Palm Beach County by the Procurement Department for the benefit of Parks and Recreation. The Procurement Department is the SOLE point of contact concerning this RFS. All communication regarding this RFS must be done through the Procurement Department. See Section 1.8 Contact Person.

1.2 HISTORY AND BACKGROUND

Palm Beach County Parks and Recreation Department, Aquatics Division, currently operates on either a seasonal or continuous cycle, the following facilities with concession settings for its customers:

Waterparks (Seasonal Operation - March through September)

(1) Calypso Bay -151 Lamstein Lane, Royal Palm Beach, FL 33411

(2) Coconut Cove -20130 Regional Park Dr, Boca Raton, FL 33498

Pool (Continuous Operation - January through December)

Lake Lytal - 3645 Gun Club Road, West Palm Beach, FL 33406

1.3 PURPOSE OF THE PROJECT

Palm Beach County is seeking submittals from qualified contractors to provide beverage products (excluding frozen carbonated beverages), dispensing equipment and storage equipment to the Parks and Recreation Department at designated waterparks and pool. Marketing, sponsorship, and advertising assistance to promote the waterparks and pool is to be provided in addition to the beverage products and necessary equipment. For the purposes of this request, included below are some definitions:

A. “Beverage” shall mean all carbonated and non-carbonated non-alcoholic beverages, including but not limited to soft drinks; mixers; flavored and unflavored packaged waters; fruit juices; fruit juice containing or flavored drinks; fruit punches and ads; isotonic and fluid replacement drinks;

enhanced waters; tea drinks, fountain drink or beverage bases, whether in the form of syrups, powders, crystals, concentrates or otherwise, from which such drinks and beverages are made. Beverages shall not mean frozen carbonated or non-carbonated beverages, and unflavored milk.

B. “Products” shall mean all the beverages and associated dispensing items that are provided or marketed by the Contractor.

C. Facility” shall include the grounds, all vending, locker rooms, food outlets and dining facilities of Calypso Bay Waterpark, Coconut Cove Waterpark and Lake Lytal Pool

1.4 PERIOD OF CONTRACT

The proposed effective date of this Contract is August 18, 2026. The selected respondent(s) will provide services for a sixty (60) month period ending August 17, 2031.

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 6/15/2026 Procurement Department Download from 50 S. Military Trail, Ste. 110 Procurement Dept. VSS: W. P. B., FL 33415 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Deadline for receipt of 6/29/2026 5:00 p.m. Procurement Department questions or comments 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Deadline for receipt 7/29/2026 4:00 p.m. Procurement Department of submittals 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Evaluation/Selection 8/10/2026 Process

Award Date 8/13/2026

Contract Start Date 8/18/2026

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, two (2) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete submittal must be received in the Procurement Department by July 29, 2026, 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 Procurement Department 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415 ATTENTION: Johnny Joseph, Buyer RFS No. 26-0156/JJ

Title: Beverage Products and Services Due Date: July 29, 2026, 4:00 p.m. local time

The Procurement 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 Johnny Joseph, Buyer, at (561) 616-6828, e-mail address jjoseph@pbc.gov and PUR-Procure-Solicit@pbc.gov in the Procurement Department.

mailto:jjoseph@pbc.gov mailto:PUR-Procure-Solicit@pbc.gov

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 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 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.

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 Procurement 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. 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 BUSINESS ENTERPRISE (SBE) / SBD REQUIREMENTS

NOTE: The following provisions apply to the sections of the non-federally funded portions of this solicitation. All Small Business Enterprise (SBE) Program Forms, including waiver forms and good faith effort documentation are available on the Office of Small Business Development (OSBD) website:

https://discover.pbcgov.org/HED/osbd/Pages/Documents.aspx

Item 1 – Policy The BCC adopted an Small Business Development Ordinance (SBD Ordinance), codified in Sections 2-80.20 through 2-80.28 (as may be amended) of the Palm Beach County Code, which sets forth the County’s requirements for the SBD Program, and which is incorporated in this solicitation. The provisions of the SBD Ordinance are applicable to this solicitation, and has precedence over the provisions of this solicitation in the event of a conflict.

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.

https://discover.pbcgov.org/HED/osbd/Pages/Documents.aspx

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, R-2015-0572, and R2024-0549, as amended. In October 2013, compliance with the requirements of the U.S. Federal Bureau of Investigation’s CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The proposer is solely responsible for understanding the financial, schedule, implications, and/or staffing implications of this Ordinance. Further, the proposer acknowledges that its proposal price includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

2.13 REVIEW OF 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 WAIVER OF MINOR IRREGULARITY

An irregularity in a respondent’s submitted submittal is deemed minor for purposes of correction when: (1) its waiver would not deprive the County of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and (2) the irregularity is of such a nature that its waiver would not adversely affect competitive submittals by placing a respondent in a position of advantage over other respondents or by otherwise undermining the necessary common standard of competition. Pricing errors are never considered a minor irregularity.

In situations where a submittal has incomplete, missing or unsigned required documents, which are deemed a minor irregularity, the Director of Procurement may allow the Respondent up to five (5) business days to correct said minor irregularity, per Section 2- 54(C)(6)(a)(2), Palm Beach County Code. The decision whether to waive a minor irregularity is within the sole discretion of the Director of Procurement.

2.15 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.

2.16 SELECTION PROCESS

All submittals timely received will be reviewed first by the Procurement 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 2.17. However, additional written information, internal staff analysis, 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.

2.17 EVALUATION CRITERIA

1. Experience / Qualifications Weight 30 % (30 pts) Background / References (See Section 3.1)

2. Project Approach / Understanding Weight 25 % (25 pts) (See Section 3.2)

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

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

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

2.18 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.

2.19 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.

2.20 PAYMENTS TO AWARDED RESPONDENT(S)

A. The total amount to be paid by the COUNTY under this Contract for all services and materials including, if applicable, “out-of-pocket” expenses specified in paragraph C below shall not exceed a total contract amount, to be determined once contract is fully executed.

The respondent shall notify the COUNTY’s representative, in writing, when ninety percent (90%) of the “not-to-exceed amount” has been reached. The respondent will bill the COUNTY on a monthly basis, no later than the 15th of the following month or as otherwise provided, at the amounts set forth in Exhibit A for services rendered toward the completion of the Scope of Work/Services. Where incremental billings for partially completed items are permitted, the total billings shall not exceed the estimated percentage of completion as of the billing date.

Should this Contract have approved subcontractor(s), the respondent shall reimburse the subcontractor(s) within ten (10) business days of receipt of payment from the County.

B. Respondent 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 respondent 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 B, Business Information, of Exhibit B, CONTRACTOR’s Submittal, must be exactly the same as it appears on the invoice and in the COUNTY’s Vendor Self Service (VSS) 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. Out of Pocket Expenses: Any out-of-pocket expenses, including travel, shall be included in the “not-to-exceed total contract amount” listed in Article 4.A.

above. Out-of-pocket expenses will be reimbursed and in accordance with the list of the types and amount of expenditures eligible for reimbursement as set forth in respondent’s Submittal, Exhibit B. All requests for payment of out-of-pocket expenses eligible for reimbursement under the terms of this Contract shall include copies of paid receipts, invoices, or other documentation acceptable to the COUNTY’s Finance Department. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the performance of the Scope of Work described in this Contract. Any travel, per diem, mileage, meals, or lodging expenses which may be reimbursable under the terms of this Contract will be paid in accordance with the rates and conditions set forth in Section 112.061, F.S.

D. In order to do business with Palm Beach County, respondents are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Procurement 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 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService subconsultants, CONTRACTOR must also ensure that all subconsultants are registered as CONTRACTORs consultants in VSS. All subconsultants agreements must include a contractual provision requiring that the subconsultant register in VSS. COUNTY will not finalize a contract award until the COUNTY has verified that the CONTRACTOR and all of its subconsultants are registered in VSS.

2.21 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.

2.22 CONTRACT CLOSEOUT PERIOD

Successful respondent shall submit any pending invoice(s) and/or report(s), along with any required documents, to the County within forty-five (45) business days after the termination or expiration of the contract in order to close-out the contract (“Closeout Period”). These invoice(s) and/or report(s), including but not limited to vendor performance report(s), shall reflect work required and completed during the contract term.

The County shall deem invoices received during and prior to the expiration of the Closeout Period as final billing for goods and services provided under the contract. Respondent’s failure to submit pending invoices during the Closeout Period shall serve as an admission that no pending invoices remain. Nothing herein shall limit the County’s discretion to make the final determination whether payment may be made to successful respondent after the expiration or termination of the contract.

2.23 FINAL INVOICE

In order for both parties herein to close their books and records, the respondent will clearly state “final invoice” on the CONTRACTOR’s final/last billing to the COUNTY. This shall constitute respondent’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 respondent.

2.24 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 15, 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, Article15). 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.

2.25 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.

2.26 AUTHORIZED SIGNATURE

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

2.27 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR

IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING - F.S.

287.05701.

Respondents are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the County will not request documentation of or consider a Respondent’s social, political, or ideological interests when determining if the Respondent is a responsible Respondent. Respondents are further notified that the County's governing body may not give preference to a Respondent based on the Respondent’s social, political, or ideological interests.

2.28 DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS WITH FOREIGN

COUNTRIES OF CONCERN

Pursuant to F.S. 286.101, as may be amended, by entering into a Contract or performing any work in furtherance hereof, the Resondent certifies that it has disclosed any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern where such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years.

SECTION 3

SUBMITTAL REQUIREMENTS

SUBMITTAL FORMAT AND CONTENT

Format

Respondent shall submit one (1) unbound original, two (2) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete submittal. Submittals should be typed 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 Johnny Joseph, 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 have a minimum of three (3) years experience in providing beverages, dispensing equipment, storage equipment, marketing, sponsorship and advertising assistance at waterparks, pools or similar facilities. The respondent shall submit a detailed statement of their experience, qualifications and background for providing services as specified in this RFS.

*3.1.2 Each respondent should submit a minimum of three (3) references demonstrating the successful provision of beverages, dispensing equipment, storage equipment, marketing, sponsorship and advertising assistance at waterparks, pools or similar facilities, within the past three (3) year(s).

Each reference should include the following:

a. Name of client company, contact names, addresses, e-mail address, 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.

3.2 PROJECT APPROACH / UNDERSTANDING INFORMATION

The respondent shall provide a detailed narrative description of its operational plan including, but not limited to, the following:

3.2.1 Overview of the operational tasks to be performed.

3.2.2 County resources that will be required to conduct the service.

3.2.3 Description of the types of carbonated, non-carbonated and non-alcoholic beverages (excluding frozen carbonated or non-carbonated beverages, and unflavored milk) to be provided.

3.2.4 Description of the dispensing products (lids and cups) of assorted sizes.

Minimum requirement of paper cups-wax and plastic lids in assorted sizes to be provided.

3.2.5 Description of the type and quantity of equipment to be provided (including installation). Minimum equipment to be provided:

• Lake Lytal Pool: five (5) shelf display refrigerator (78”H x 30”W x 30”d), one (1) table top refrigerator (20” x 24”);

• Calypso Bay Waterpark: two (2) dispensing units with six (6) nozzles/flavors on each, one (1) table top refrigerator (20” x 24”); and

• Coconut Cove Waterpark: one (1) dispensing unit with six (6) nozzles/flavors, one (1) vending machine, one (1) cooler cart (48”H x 24”W x 21”D), one (1) table top refrigerator (20” x 24”).

Respondents shall provide maintenance of all equipment. Respondents shall submit their standard equipment placement agreement.

3.2.6 Outline the marketing, sponsorship and advertising assistance that the respondent will be providing, i.e., local partnerships for marketing opportunities that at a minimum meet the requirements specified in Section 4, Scope of Work/Services.

3.2.7 Describe any additional service or rebates that would add value to the County’s objective as set forth in this Scope of Work/Services.

3.2.8 Any other information the respondent feels is pertinent to their operational plan.

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 SBE 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 proposal to the County, the proposer agrees to comply with the County’s Commercial Non-discrimination Policy as described in Resolution R2025-0748 as amended. In accordance with Palm Beach County Code Section 2-80.24, proposer hereby certifies and agrees that the following information is correct: In preparing its response to this solicitation, the proposer 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 R2025-0748 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, 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 proposal submitted by the proposer for this Solicitation, and to terminate any contract awarded based on the response.

At the time of proposal submission, the proposer 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 proposer 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 Proposal Page(s).

In accordance with Palm Beach County Code Section 2-80.24, this certification and agreement must be completed and submitted with the proposal 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 2.17 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).

A completed "Certification Regarding Debarment and Suspension" (Appendix D) is required at time of submission of submittal. See Section 2.23.B of this RFS.

Upon request, the successful respondent agrees to provide the County with subsequent certification(s) for it and/or its suppliers, subcontractors and subconsultants after Contract award

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.

mailto:pbcpaymentmgr@mypalmbeachclerk.com

3.8 HUMAN TRAFFICKING AFFIDAVIT

Respondent warrants and represents that it does not use coercion for labor or services as defined in section 787.06, Florida Statutes. Respondent has executed Exhibit D, Nongovernmental Entity Human Trafficking Affidavit, which is attached hereto and incorporated herein by reference.

3.9 ADDITIONAL APPENDICES - 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

3.10 LITIGATION HISTORY

Proposers shall list and provide the following:

1. All pending litigation against Palm Beach County.

a. Provide the case style and corresponding case number

2. All pending litigation where Proposer and Palm Beach County are parties.

3. All past litigation against Palm Beach County or where Proposer and Palm Beach

County were parties.

4. All pending demands, protests, or requests for alternative dispute resolution pertaining to contracts and Projects with Palm Beach County.

a. Provide the Contract date and number, as well as the Project name and number

5. All Contract numbers/Project names and numbers where Proposer is actively, or has in the past, participating in alternative dispute resolution pertaining to Contract and Projects with Palm Beach County.

6. All pending litigation against any governmental entity.

a. Provide the full name of entity, case style, corresponding case number, and

State and County.

7. All governmental entity names/agency names, Contract numbers, Project names and numbers, and corresponding dates where it has been or is currently alleged Bidder is in default of contract.

8. All governmental entity names/agency names, Contract numbers, Project names and numbers, and corresponding dates where Proposer was suspended as it related to performance of a Contract.

9. All pending litigation against any non-governmental entity where Proposer alleges breach of contract against said entity:

a. Provide the full name of entity, case style, corresponding case number, and State and County.

10. All past litigation against any non-governmental entity where Proposer alleged breach of contract against said entity:

a. Provide the full name of entity, case style, corresponding case number, and

State and County.

Failure to provide the above information with your response will deem the Proposer non responsive. Based on the information provided above, a Proposer may be deemed non responsible if in current litigation with Palm Beach County or any other governmental entity or has previously been in litigation with Palm Beach County or any other governmental entity within the past five (5) years with outcome. If case is still ongoing then status of the case.

3.11 RELATED ENTITIES

Proposers shall disclose if a proposed subcontractor or supplier is associated with or related to the entity as part of the ownership group, board or management of the entity responding to the solicitation.

SECTION 4

SCOPE OF WORK/SERVICES

4.1 PURPOSE

The CONTRACTOR will provide beverage products (excluding frozen carbonated beverages), dispensing equipment and storage equipment to the Parks and Recreation Department at designated waterparks and pool. Marketing, sponsorship, and advertising assistance to promote the waterparks and pool is to be provided in addition to the beverage products and necessary equipment.

4.2 CONTRACTOR’s REQUIREMENTS

The CONTRACTOR shall:

4.2.1 Provide product delivery service as requested by each facility, at a minimum of once per week, and equipment repair service as needed, between the hours of 9:00 a.m. - 5:00 p.m.

4.2.2 Provide at a minimum beverage products (excluding frozen carbonated beverages), as specified in Appendix A, Price Submittal Pages at the following locations:

Waterparks (Seasonal Operation - March through September)

(1) Calypso Bay -151 Lamstein Lane, Royal Palm Beach, FL 33411

(2) Coconut Cove - 20130 Regional Park Drive, Boca Raton, FL 33498

Pool (Continuous Operation - January through December) Lake Lytal - 3645 Gun Club Road, West Palm Beach, FL 33406

4.2.3 Ensure that services comply with all pertinent codes and laws including, but not limited to, those governing the sale and distribution of food and beverage, and ensure that all applicable licenses and permits are maintained. All required licenses and/or permits shall be obtained at CONTRACTOR’s own expense.

4.2.4 Supply dispensing equipment, beverage refrigerators and portable coolers, as needed, at all facilities. Minimum equipment to be provided:

• Lake Lytal Pool: Five (5) shelf display refrigerator (78”H x 30”W x 30”d), one (1) table top refrigerator (20” x 24”);

• Calypso Bay Waterpark: two (2) dispensing units with six (6) nozzles/flavors on each, one (1) table top refrigerator (20” x 24”); and

• Coconut Cove Waterpark: one (1) dispensing unit with six (6) nozzles/flavors, one (1) vending machine, one (1) cooler cart (48”H x 24”W x 21”D), one (1) table top refrigerator (20” x 24”).

CONTRACTOR shall provide maintenance of all equipment.

(Note: The Parks & Recreation Department reserves the right to inspect respondent(s) equipment to determine if it meets the required standards and codes, prior to contracting with respondent).

4.2.5 Provide marketing, sponsorship and advertising assistance (i.e., local partnerships for marketing opportunities) to the COUNTY to promote the designated waterparks and pool including, but not limited to, the following:

a. Promote specified events, programs and activities of the waterparks and pool, in cooperation with Aquatics Division management.

b. Pay the COUNTY a sponsorship/rebate fee based on the amount of product purchased by the COUNTY on an annual basis.

c. Provide a minimum $1,000 (value) annually in marketing funds to be mutually agreed upon, i.e. custom banners for each location annually at times to be mutually agreed upon.

d. Provide the use of mobile beverage wagons/trailers, with two (2) week notice, if available, at times to be mutually agreed upon during each year of the contract.

4.2.6 Maintain all equipment in good working condition, and replace equipment when necessary, or as requested by the COUNTY.

4.2.7 Respond and repair all equipment within twenty-four (24) hours of receiving a report, unless otherwise agreed to by the…