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R25-048 1 RESOLUTION NO. R25-048 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH 5 MORTON SALT, INC. FOR THE PURCHASE AND DELIVERY OF SODIUM 6 CHLORIDE FOR AN AMOUNT NOT-TO-EXCEED $200,000 ANNUALLY; 7 AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS,the City Utilities Department uses sodium chloride at the East Water Treatment 10 Plant to regenerate the resin used in the Magnetic Ion Exchange ("MIEX") process to remove 11 hardness and other undesirable characteristics from the City's drinking water; and 12 WHEREAS, on December 11, 2022, the Palm Beach County Board of County 13 Commissioners ("County") entered into a contract with Morton Salt, Inc. ("Vendor") for the 14 purchase and delivery of sodium chloride, based on the County's Solicitation No. 22-090R/MB, 15 with an initial one-year term and four (4) additional one-year renewal options; and 16 WHEREAS, on December 11, 2024, the County exercised the second renewal option and 17 extended the contract through December 10, 2025; and 18 WHEREAS, the requested piggyback agreement with the Vendor is necessary for water 19 treatment with the contract between the City and Vendor to have an initial term through 20 December 10, 2025 with the option to renew for two (2) additional twelve (12) month periods 21 exercised upon mutual written agreement; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the City's citizens and residents to approve the Piggyback Agreement with the 24 Vendor to provide the City with sodium chloride, with an annual amount not to exceed $200,000. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, THAT: 27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption. 29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve the Piggyback Agreement between the City and Vendor, for the purchase and delivery 31 from Vendor of sodium chloride, with an annual amount not to exceed $200,000, in form and 32 substance similar to the, attached as Exhibit A. 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 35 execute any renewal amendments or other ancillary documents as may be necessary to 36 accomplish the purpose of this Resolution. 37 SECTION 4. The City Clerk shall retain the fully executed Piggyback Agreement as a 38 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to 39 Bryan Heller to forward to the Vendor. 40 SECTION 5. This Resolution shall take effect in accordance with law. 41 42 PASSED AND ADOPTED this le day of •e/b(1)`°•-rt)\ 2025. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES/ NO 45 Mayor—Ty Penserga f/ 46 47 Vice Mayor—Aimee Kelley 48 49 Commissioner—Angela Cruz 50 51 Commissioner—Woodrow L. Hay 52 53 Commissioner—Thomas Turkin 54 55 VOTE 56 AT 58 �t IQ �z 59 Maylee is sus, MPA, 14MC i ergs 60 City Cle k or 61 OF BOYNT`'‘�, 62 ;,\A;:�oiiPOR4.*��I# APPROVED AS TO FORM: 63 (Corporate Seal) i c': SE• AL • 64 (1, 40• tli 920 :• s 66 � •� J Shawna G. Lame 67 �`� � IDA City Attorney \ � PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MORTON SALT, INC. This Piggyback Agreement is made as of this ay of ` , 2021E6 by and between Morton Salt, Inc., a Delaware corporation, with a principal address of 4 West Lake St., Suite 2900,Chicago,IL 60606 hereinafter referred to as"Vendor,"and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as"City." RECITALS WHEREAS, on August 10, 2022, Palm Beach County Board of County Commissioners, issued an "Invitation for Bid" (IFB) to secure firm, fixed pricing and establish a term contract for the purchase and delivery of Sodium Chloride, Solar Salt quality or greater for which they received one(1) response; and WHEREAS,Palm Beach County Board of County Commissioners found Morton Salt,Inc. ("Vendor") to be a responsive, responsible bidder, and awarded it a one-year (1) contract commencing December 11,2022,and terminating December 10,2023,with an option to extend the contract for four(4) additional one(1)year terms,Bid No. 22-090R("Master Agreement"); and WHEREAS,the City's Purchasing Policy Section X—Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to remove hardness and other undesirable characteristics from the City's drinking water,the City's Utilities Department is requesting the City enter into a Piggyback Agreement with the Vendor for the supply of sodium chloride to regenerate the resin used in the Magnetic Ion Exchange(MIEX)process for the East Water Treatment Plant; and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit"A." NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: Piggyback Contract—Morton Salt,Inc. 1 PIGGYBACK AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated in this Piggyback Agreement. 2. TERM: The term of this Piggyback Agreement commences on full execution by the parties and will remain in effect until December 10, 2025. The Piggyback Agreement may be renewed for two (2)additional one-year terms if and for only so long as the duration of the Master Agreement has been so extended. The Mayor is authorized to execute any renewal amendments.The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate on the same date as such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor shall complete the Services on the same terms and in the same manner as set forth in the Master Agreement,except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the "Palm Beach County" are hereby replaced with the"City of Boynton Beach."The City shall compensate the Vendor pursuant to the rates set forth in the Master Agreement for the Services in an amount not to exceed $200,000.00 per year of the Piggyback Agreement. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Copy: Shawna G.Lamb, City Attorney City of Boynton Beach P.O.Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach,FL 33425. Invoices shall show the quantity and name of the goods purchased by City from Vendor and date(s) of delivery of such goods to the City. Vendor shall provide W-9 with first invoice. Piggyback Contract—Morton Salt,Inc. 2 The payment for goods delivered to the City by Vendor shall be paid based on receipt of a proper invoice.Payment will be made within thirty(30)days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty, or incomplete rendition of the Services. 6. TAX EXEMPT: The City is exempt from Florida state and local sales and use taxes. Upon request, City shall provide an exemption certificate to Vendor with proof of tax-exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Piggyback Agreement shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28,Florida Statutes, as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Piggyback Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: The City is a public agency subject to Chapter 119,Florida Statutes(F.S.). Notwithstanding anything contained herein,as provided under Section 119.0701,F.S. if Vendor: (i)provides a service; and (ii)acts on behalf of the City as provided under Section 119.011(2),F.S.,the Vendor shall comply with Florida's Public Records Law, Section 119.0701, F.S. The Vendor is specifically required to: A. Keep and maintain public records required by the City to perform the services provided under the Piggyback Agreement; B. Upon request from the City's custodian of public records ("City's Custodian") or City's representative/liaison on behalf of the City's Custodian, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract,Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the City,upon request from the City's Custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO Piggyback Contract—Morton Salt,Inc. 3 THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS TO THE CITY RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 10. SCRUTINIZED COMPANIES -287.135 AND 215.473: By execution of this Piggyback Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to the Vendor of the City's determination concerning the false certification. The Vendor shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term,the Vendor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes, as amended from time to time. 11. E-VERIFY: VENDOR shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Piggyback Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Piggyback Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1)year after the date of termination. 12. DISPUTES: Any disputes that arise between the parties with respect to the performance of this Piggyback Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Piggyback Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: This Piggyback Agreement will take effect once signed by both parties. This Piggyback Agreement may be signed by the parties in counterparts,which together shall constitute one and the same agreement among the parties. A facsimile or electronic signature shall constitute an original signature for all purposes. Each person signing this Piggyback Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party Piggyback Contract-Morton Salt,Inc. 4 for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Piggyback Agreement 14. TERMINATION FOR CONVENIENCE: This Piggyback Agreement may be terminated by the City for convenience upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. . 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Piggyback Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained,if such neglect or failure shall continue for a period of thirty (30)calendar days' after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: The indemnification provision of the Master Agreement applies, with the term"City"replacing"County"therein. 17. INSURANCE: At the time of execution of this Piggyback Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall include the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Piggyback Agreement to which it is applicable,City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Piggyback Agreement,regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. NO SPECIAL DAMAGES. In no event shall either Party be liable to the other party for any special damages, speculative damages, indirect, special, incidental, consequential, loss of profits, or other damages or losses of any kind whatsoever, no matter what the cause. 20. INDEPENDENT CONTRACTOR: The Piggyback Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Piggyback Agreement and shall not be considered the City's employee for any purpose. 21. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Piggyback Agreement, Vendor shall perform its obligations in compliance with all applicable U.S. federal, and Florida state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 22.ASSIGNMENT: In the event this Piggyback Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30)business days before such transfer. For purposes of this Piggyback Agreement, any change of ownership of Company shall constitute an assignment that requires City's approval.Notwithstanding the Piggyback Contract—Morton Salt,Inc. 5 foregoing, Vendor may,without City's consent, assign this Piggyback Agreement in whole or in part as part of a corporate reorganization,consolidation,merger,or sale of substantially all of its assets related to this Piggyback Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Piggyback Agreement within thirty(30)calendar days of such event. 23. AGREEMENT SUBJECT TO FUNDING: The Piggyback Agreement shall remain in full force and effect only as long as the expenditures provided for in the Piggyback Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Piggyback Agreement, and is subject to termination based on lack of funding.Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 24. ENTIRE AGREEMENT. The Piggyback Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Piggyback Agreement. This Piggyback Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Piggyback Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 25. SEVERABILITY. If any provision of this Piggyback Agreement or application thereof to any person or situation shall,to any extent,be held invalid or unenforceable,the remainder of this Piggyback Agreement,and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 26. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Piggyback Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services,in accordance with Section 787.06(13),Florida Statutes. Signature Page to follow Piggyback Contract—Morton Salt,Inc. 6 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH,FLORIDA MORTON SALT,INC. i � /20t ‘ , ,.7 . Ty Pens or ` (Signature),Morton Salt, Inc. Gary Bartuska Gary Bartuska, Director, Sales B2B East Director B2B Sales Approved as to Form: Title N„sq Of 4'NCA E. i ASEAL �/,�a (..$el. 2010 � Shawna G. Lamb, City Attorney (Corporate Seal) Attest/,Au-thenticated: Attested/Authenticated: ✓�i v 'L` (Signature), Witness ,AS (n,.. Meredith Kerr Maylee IeJ s, City Clerk Print Name .:z<QORAT£••.• 11 r.• 1%, •••....••••QP ,”.• FLOo�=" Piggyback Contract—Morton Salt,Inc. 7 EXHIBIT "A" AGREEMENT BETWEEN PALM BEACH COUNTY AND MORTON SALT,INC. Piggyback Contract—Morton Salt,Inc. 8 kw ►C •°,LORI.0A Form L Purchasing Department December 10, 2024 50 South Military Trail,Suite 110 \Vest Palm Beach.FL 33415-3190 (561)616.6800 Morton Salt, Inc. FAX:(561)242-6744 444 West Lake Street www.pbc.govlpurchasing Suite 2900 Chicago, IL 60606 TERM CONTRACT#22090RB • Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for SODIUM Palm Beach County CHLORIDE, SOLAR SALT QUALITY. PURCHASE AND DELIVERY OF based on: Board of County Commissioners [X] RENEWAL OF CONTRACT based on SOLICITATION #22-090R/MB in Maria G. Marino. Mayor accordance with all original terms, conditions, specifications and prices with no deviation. Sara Baxter,Vice Mayor The term of this contract is 12/11/2024 through 12/10/2025,and has an estimated dollar Gregg K. Weiss value of$1,040,000. Joel Flores If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Marci Woodward term of the contract, including any renewals or extensions thereof. Maria Sachs County User Departments will issue individual "Delivery Orders"against this contract Bobby Powell.Jr. as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bid/quote/response must be exactly the County Administrator same as it appears on the invoice and in the County's VSS system that can be Verdenia C. Baker accessed at https://obcvssp.co.palm-beach.fl.us/webaoQ/vsso/AltSelfService. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Jonathan Silva at JSilva(aulpbc.gov or(5611 616-6808. Sincerely, • / L el.dy Thelweil Director c: Vernetha Green, Water Utilities "An Equal Opportunity File Affirmative Action Employer" • printed on sustainable ." and recycled paper 7.B Consent Bids and Purchases over $100,000 02/ 6/2024 = City of Boynton Beach 0, ceu Agenda Item Request Form ETON 0 4. Meeting Date: 02/ 6/2024 Proposed Resolution No. R24-028- Approve the one-year extension for RFPs/RFQs/Bids and/or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for February 6, 2024 - "Request for Extensions and/or Piggy-backs." Requested Action: Approve Proposed Resolution No. R24-028. Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission, requests for approval to enter into contracts and agreements as the result of formal solicitations, and piggyback governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to the Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and anticipated expenditures by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICIATION NUMBER TERM C.A.P. Government, Inc.; Universal Annual Engineering Supplemental Building City of Boynton Beach February Estimated Sciences, LLC Inspections and Plan RFP No. 021-2411- 17, 2024 - Expenditure Review Services 20/RW February 16, 2025 $400,000 Vendor requests an approximately Supplemental Building City of Boynton Beach February 8% increase Calvin, Giordano & Inspections and Plan RFP No. 021-2411- 17, 2024 - to its rates. Associates, Inc. Review Services 20/RW February Staff 16, 2025 recommends approval of the rates increase Purchase and Piggyback Palm December Annual Beach County Estimated Delivery of Sodium 11, 2023 - Morton Salt, Inc. Chloride, Solar Salt Contract No 22- December Expenditure Quality 090R/MB (COBB No. 10, 2024 UTL23-035) $200,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements, and piggy-backs that are renewed/extended with the same terms and conditions and pricing. Fiscal Impact: Funds have been budgeted under the line items as noted on the attached report. Attachments: R24-028 Approving one-year_extension_for_Bids_and_or_piggy-backsover 100_000- Reso.docx $100K over REQUEST FOR BID EXTENSIONS February 6, 2024 Report Renewal Interest Letter - CAP Government Inc 2024-2025 Signed.pdf Renewal Interest Letter - Universal Engineering Sciences LLC 2024-2025 - Signed.pdf Renewal Interest Letter - Calvin, Giordano & Associates Inc. - 2024-2025 - Signed.pdf Calvin, Giordano & Associates, Inc. - Boynton Beach Rate Increase Request for FY24-25 Palm Beach County Renewal - Morton Salt, Inc. 2023-2024 1 RESOLUTION NO. R24-028 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING THE ONE-YEAR EXTENSION FOR RFPS/RFQS/BIDS 6 AND/OR PIGGY-BACKS FOR THE PROCUREMENT OF SERVICES 7 AND/OR COMMODITIES OVER $100,000, AS DESCRIBED IN THE 8 WRITTEN REPORT FOR FEBRUARY 6, 2024; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Finance/Procurement Department submits requests for award to the 13 Commission; requests for approval to enter into contracts and agreements as the result of 14 formal solicitations; and to piggy-back governmental contracts; and 15 WHEREAS, options to extend or renew are noted in the "Agenda Request Item" 16 presented to the Commission as part of the initial approval process; and 17 WHEREAS, to provide an accurate and efficient method of keeping the City 18 Commission informed of pending renewals and the anticipated expenditures, a monthly 19 summary report of each renewal and/or extension is produced; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve 22 the one-year extension for RFPs/RFQs/Bids and/or piggy-backs for the procurement of 23 services and/or commodities over $100,000 as described in the written report for February 6, 24 2024. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission hereby approves the one-year extension for 31 RFPs/RFQs/Bids and/or piggy-backs for the procurement of services and/or commodities 32 over $100,000 as described in the written report for February 6, 2024. A copy of the written 33 report for February 6, 2024, is attached hereto and incorporated herein as Exhibit "A." S:\CC\WP\CCAGENDA\2024\02-06-2024 CC\R24-028 Approving_One-Year_Extension_For_Bids_And_Or_Piggy- Backs Over 100 000- Reso Docx 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 6th day of February 2024. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor—Ty Penserga ✓ 41 42 Vice Mayor—Thomas Turkin 43 44 Commissioner—Angela Cruz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner—Aimee Kelley ✓ 49 50 VOTE `S -0 51 52 53 54 AT: 55 56 (f. 1 0. 10 57 Mayl ?e 0: Jesus, MPAii1MC Ty P 58 City CI_rk May 59 60 APPROVED AS TO FORM: 61 (Corporate Seal) 62 Jhidig Warnb 63 64 Shawna G. Lamb 65 City Attorney S:\CC\WP\CCAGENDA\2024\02-06-2024 CC\R24-028 Approving_One-Year_Extension_For_Bids_And_Or_Piggy- BacksOver 100 000 Reso.Docx (Y 0, l (� 9 \ 1 TON CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 February 6, 2024 REQUESTING DEPARTMENT: Development- Building DEPARTMENT CONTACT: John Kuntzman TERM: February 17, 2024 to February 16, 2025 SOURCE FOR PURCHASE: RFP 021-2411-20/RW ACCOUNT NUMBER: 130-2411-524.49-17 VENDOR(S): C.A.P Government, Inc.; Universal Engineering; Calvin, Giordano & Associates ANNUAL ESTIMATE: $400,000 DESCRIPTION: On February 16, 2021, Commission awarded contracts to three (3) firms, C.A.P. Government, Inc.; Universal Engineering Sciences, Inc.; and Calvin, Giordano & Associates, Inc. based on RFP 021-2411-20/RW for Supplemental Building Inspections and Plan Review Services.These firms provide professional services to fire, building, electrical, mechanical,and plumbing inspections, and plan review on an as-needed basis. The Contract allows for an initial (1) year period with an option to renew for three (3) additional one-year terms. All three (3) firms have agreed to renew the contract for the 3id one-year renewal term with the same terms and conditions. Calvin, Giordano & Associates request an increase to its rates following the All Urban Consumers Price Index (CPI-U). The vendor requests an approximately 8% increase in its rates. Staff recommends approval of the rate increases. REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Bryan Heller TERM: December 11, 2023 to December 10, 2024 SOURCE FOR PURCHASE: Piggyback Palm Beach County Contract No. 22-090R/MB - Purchase and Delivery of Sodium Chloride, Solar Salt Quality (COBB No. UTL23-035) ACCOUNT NUMBER: 401-2811-536.52-35 VENDOR(S): Morton Salt, Inc. ANNUAL ESTIMATE: $200,000 DESCRIPTION: On March 21, 2023. Commission approved the piggyback of Palm Beach County term contract # 22090R (Solicitation #22-090R/MB) with Morton Salt, Inc. for the Purchase and Delivery of Sodium Chloride at the East Water Treatment Plant. The initial term of the Contract was twelve (12) months December 11, 2022 - December 10, 2023, with the option to renew for (4) additional twelve (12) month periods exercised upon mutual written agreement. The vendor has agreed to renew the Agreement for the 1St twelve (12) months term December 11, 2023 - December 10, 2024. �tiAC1�C • �,�ORIpA Form L Purchasing Department December 5, 2023 50 South Military Trail.Suite 110 Morton Salt, Inc. West Palm Beach.FL 33415.3199 Angel Carreno Customer Supply Chain Associate II (561)616.6800 444 W Lake Ste 3000 • FAX:(561)242-6744 Chicago, IL 60606 www.pbcgov.comlpurchasing TERM CONTRACT#22090RA Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for SODIUM CHLORIDE. SOLAR SALT QUALITY. PURCHASE AND DELIVERY OF based on: Palm Beach County Board of County [ X] RENEWAL OF CONTRACT based on SOLICITATION #22-090/MB in Commissioners accordance with all original terms, conditions, specifications and prices with no deviation. Gregg K.Weiss.Mayor Maria Sachs.Vice Mayor The term of this contract is 12/11/2023 through 12/10/2024,and has an estimated dollar value of$1,040.000.00. Maria G. Marino If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Michael A.Barnett term of the contract, including any renewals or extensions thereof. Marci Woodward County User Departments will issue individual"Delivery Orders"against this contract Sara Baxter as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 Mack Bernard XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bid/quote/response must be exactly the same as it appears on the invoice and in the County's VSS system that can be County Administrator accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vsso/AltSelfService. Failure to Verdenia C.Baker comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Mania Brown at mbrown o(�nbcgov.orq or 561-616-6815. Since)—ly, Or/ // Melody Thelwell Director "An&pur!Opportunity Affirmative Action Employer" c: Vernetha Green,Water Utilities File printed on sustainable and recycled paper 7.D. Consent Bids and Purchases Over $100,000 3/21/2023 tTt City of Boynton Beach } Agenda Item Request Form ON Commission Meeting Date: 3/21/2023 Requested Action by Commission: Approve utilizing the Palm Beach County term contract#22090R (Solicitation #22-090R/MB) dated December 11, 2022 through December 10, 2023 with Morton Salt, Inc. The contract will be utilized for the purchase of sodium chloride, with an estimated annual expenditure of$200,000. Explanation of Request: Contract Period December 11, 2022— December 10, 2023 The Utility utilizes sodium chloride at the East Water Treatment Plant to regenerate the resin used in the Magnetic Ion Exchange (MIEX) process. The regenerated resin is used in the MIEX treatment process to remove hardness and other undesirable characteristics from the City's drinking water. The Utilities Department would like to piggyback the Palm Beach County Bid No.22-090R/MB to obtain sodium chloride for this treatment process from Morton Salt, Inc. The contract initial term is twelve (12) months with the option to renew for four (4) additional twelve (12) month period(s) exercised upon mutual written agreement. The Palm Beach County contract meets City of Boynton Beach procurement requirements. How will this affect city programs or services? This product is necessary for water treatment. Fiscal Impact: Budgeted funding is available in Utilities account 401-2811-536-52.35. Alternatives: The City could bid its own contract, but benefits from better pricing by using the contract of a larger utility for sodium chloride. Strategic Plan: High Performing Organization, Public Health and Safety Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Page 358 of 812 Contracts Vendor Name: Morton Salt, Inc. Start Date: 12/11/2022 End Date: 12/10/2023 Contract Value: $200,000 Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type Description D Other Bid Award D Bid Bid and Response D Letter Permission to Piggyback Page 359 of 812 4 PCNs $(1O ..2. • klORtpgs Form L Purchasing Department 50 South Military Trail,Suite 110 West Palm Beach,FL 3341 5.3199 November 15, 2022 (561)616-6800 Morton Salt, Inc. FAX:(561)242.6744 Jennifer McCormick, Vice President, Sales and marketing www.pbcgov.comfpurchasing 444 West Lake Street, Suite 3000 Chicago, IL 60606 TERM CONTRACT# 22090R ■ Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners Palm Beach County ("County") is entering into a Term Contract with your company for Sodium Chloride, Board of County Solar Salt Quality. Purchase and Delivery based on: Commissioners [X] SOLICITATION# 22-090R/MB Robert S. Weiuroth,Mayor The term of this contract is 12/11/2022 through 12110/2023 and has an estimated dollar Gregg K.Weiss.Vice Mayor value of$1,040,850.00. Maria G.Marino If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Dave Kerner term of the contract, including any renewals or extensions thereof. Maria Sachs County User Departments will issue individual "Delivery Orders" against this contract Melissa McKinlay as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 Mack Bernard XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bid/quote/response must be exactly the same as it appears on the invoice and in the County's VSS system that can be County Administrator accessed at httas://obcvssn.co.oalm-beach.fl.us/webaDo/vssq/AltSelfService. Failure to comply with the foregoing may result in a delay in processing payment. Verdenia C. Baker If you have any questions, please contact Marva Brown at mbrownia obcaov.orq or (561) 616-6815. �Sincer.ly, // • Melody helwell Director c: Vernetha Green, Water Utilities File "An Equal Opportunity Affirmative Action Employer AP' printed on sustainable N and recycled paper Page 360 of 812 Page 15 SPECIFICATIONS IFB #22-090R/MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT (RE-BID) ITEM ESTIMATED UNIT TOTAL NO. DESCRIPTION 12 MONTH UNIT QUANTITY PRICE OFFER Sodium Chloride, Granular, Solar Salt Quality, Bulk 1. Delivery in accordance with AWWA#B-200 Standards, 8,100 TON $ 1,387, 611.00 as specified herein. $ 171.31 All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Acknowledge Qualification of Bidders information is included, per Term #10? YES/INITIAL efl'e Acknowledge Criminal History Records Check requirement, per Term #11? YES/INITIAL k Acknowledge Insurance requirements, per Term #21? YES/INITIAL /4-. * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal, Per General Term and Condition #7., if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of the County, provide a copy of the Joint Venture Agreement signed by all parties. Commercial Non-Discrimination Certification: By signing below, bidder hereby certifies, per General Term and Condition#3n. that: (i)the information set forth therein is true and correct to the best of the bidder's knowledge; and (ii) there are no legal/administrative proceedings required to be disclosed, except as disclosed in bidder's response. COMPANY NAME: (Enter the entire legal company name of the bidding entity) DATE. Morton Salt, Inc. g////2°2-2 22 PRINT NAME: Jennifer McCormick PRINT TITLE: Vice President, Sales and Marketing * SIGNATUR ADDRESS: 444 West Lake Street, Suite 3000 CITY/STATE: Chicago, IL ZIP CODE: 60606 TELEPHONE # EMERGENCY# TOLL FREE # 844-410-0513 844-410-0513 844-410-0513 FAX# E-MAIL: 312-896-9208 buyindustrial@mortonsalt.com APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL ID# 27-3146174 Page 16 QUALIFICATIONS OF BIDDERS REFERENCES FOR IFB #22-090R/MB Bidder shall list references in accordance with the requirements set forth in the Qualifications of Bidders. REFERENCE NAME: Hood Packaging ADDRESS: 2360 McDowell Road Burlington Ontario L7R 4A1 This contact must be informed that they are CONTACT NAME: listed as a reference, and the County may be calling them. Phone: 877-462-6627 Cell: CONTACT INFORMATION: Fax: 905-637-1065 I E-Mail: SCOPE OF WORK: CONTRACT DATES: REFERENCE NAME: Mondi Bags USA LLC ADDRESS: 1200 Abernathy Road NE Sandy Springs, GA 30328 This contact must be informed that they are CONTACT NAME: listed as a reference, and the County may be calling them. Phone: 630-260-6529 I Cell: CONTACT INFORMATION: Fax: 847-631-4825 E-Mail: SCOPE OF WORK: CONTRACT DATES: REFERENCE NAME: Packaging Corporation of America ADDRESS: 1955 West Field Court Lake Forest, IL 60045 This contact must be informed that they are CONTACT NAME: listed as a reference, and the County may be calling them. Phone: Cell: CONTACT INFORMATION: Fax: E-Mail: SCOPE OF WORK: CONTRACT DATES: FIRM NAME: Morton Salt, Inc. Page 17 CERTIFICATION OF BUSINESS LOCATION IFB #22-090R/MB In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) bidders having a permanent place of business in Palm Beach County ("County") or (2) bidders having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, bidders must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the bidder to provide the goods/services being solicited by the County, and will be used to verify that the bidder had a permanent place of business prior to the issuance of the solicitation. The bidder must submit this Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference. In instances where the bidder is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidder must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said bidders for additional information related to this requirement after the bid due date. Bidder is a: Local Business: A local business has a permanent place of business in Palm Beach County. (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. II. The attached copy of bidder's County Business Tax Receipt verifies bidder's permanent place of business. THIS CERTIFICATION is submitted by , as (Name of Individual) , of (Title/Position) (Firm Name of Bidder) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 18 DRUG-FREE WORKPLACE CERTIFICATION IFB #22-090R/MB IDENTICAL TIE BIDS - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code,Chapter 2,Article III, Sections 2- 80.21 thru 2-80.34. In the event tie bids are received from vendors who have not submitted with their bids a completed Drug-Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids. This Drug-Free Workplace Certification form must be executed and returned with the attached bid, and received on or before the published bid submission deadline to be considered. The failure to execute and/or return this certification shall not cause any bid to be deemed non-responsive. Whenever two(2) or more bids which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number(1). (4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by Jennifer McCormick the (Individual's Name) Vice President, Sales and Marketingof Morton Salt, Inc. (Title/Position with CompanyNendor) (Name of CompanyNendor) who does hereby certify that said CompanyNendor has implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1)through (6) above. gnatrfre Date Revised-11110116 Page 19 OEBO SCHEDULE 1 LIST OF PROPOSED CONTRACTOR/CONSULTANT AND SUBCONTRACTOR/SUBCONSULTANT PARTICIPATION SOLICITATION/PROJECT/BID NAME: SOLICITATION/PROJECT/BID No.: NAME OF PRIME RESPONDENT/BIDDER: ADDRESS: CONTACT PERSON: PHONE NO.: E-MAIL: SOLICITATION OPENING/SUBMITTAL DATE: DEPARTMENT: PLEASE LIST THE DOLLAR AMOUNT OR PERCENTAGE OF WORK TO BE COMPLETED BY THE PRIME CONTRACTOR/CONSULTANT ON THIS PROJECT. PLEASE ALSO LIST THE DOLLAR AMOUNT OR PERCENTAGE OF WORK TO BE COMPLETED BY ALL SUBCONTRACTORS/SUBCONSULTANTS ON THE PROJECT. (Check all Applicable Categories) Non-SBE M/WBE SBE DOLLAR AMOUNT OR PERCENTAGE OF WORK Minority/Women Small Name,Address and Phone Number Business Business Black Hispanic Women Caucasian Other (Please Specify) 1. 2. 3. 4. 5. (Please use additional sheets if necessary) Total Total Bid Price$ Total SBE-M/WBE Participation I hereby certify that the above information is accurate to the best of my knowledge: Signature Title Note: 1. The amount listed on this form for a Subcontractor/Subconsultant must be supported by price or percentage listed on the properly executed Schedule 2 or attached signed proposal. 2. Firms may be certified by Palm Beach County as an SBE and/or an M/WBE. If firms are certified as both an SBE and/or M/WBE,please indicate the dollar amount under the appropriate category. 3. Modification of this form is not permitted and will be rejected upon submittal. Revised 02/28/2019 Page 20 OEBO LETTER OF INTENT—SCHEDULE 2 A completed Schedule 2 is a binding document between the Prime Contractor/consultant and a Subcontractor/subconsultant (for any tier)and should be treated as such. The Schedule 2 shall contain bolded language indicating that by signing the Schedule 2,both parties recognize this Schedule as a binding document. All Subcontractors/Subconsultants, including any tiered Subcontractors/subconsultants, must properly execute this document. Each properly executed Schedule 2 must be submitted with the bid/proposal. SOLICITATION/PROJECT NUMBER: SOLICITATION/PROJECT NAME: Name of Prime: (Check box(es)that apply) SBE WBE MBE M/WBE Non-S/M/WBE Date of Palm Beach County Certification (if applicable): The undersigned affirms they are the following(select one from each column if applicable): Column 1 Column 2 Column 3 Male I Female African-American/Black Asian American Caucasian American Supplier Hispanic American Native American S/M/WBE PARTICIPATION —S/M/WBE Primes must document all work to be performed by their own work force on this form. Failure to submit a properly executed Schedule 2 for any S/M/WBE participation may result in that participation not being counted. Specify in detail,the scope of work to be performed or items supplied with the dollar amount and/or percentage for each work item. S/M/WBE credit will only be given for the areas in which the S/M/WBE is certified. A detailed proposal may be attached to a properly executed Schedule 2. Line Item Description Unit Price Quantity/ Contingencies/ Total Price/Percentage Item Units Allowances I I I I I I The undersigned Subcontractor/subconsultant is prepared to self-perform the above-described work in conjunction with the aforementioned project at the following total price or percentage: IIIA If the undersigned intends to subcontract any portion of this work to another Subcontractor/subconsultant, please list the business name and the amount below accompanied by a separate properly executed Schedule 2. Price or Percentage: Name of 2"d/3'd tier Subcontractor/subconsultant Print Name of Prime Print Name of Subcontractor/subconsultant By: By: Authorized Signature Authorized Signature Print Name Print Name Title Title Date: Date: 09/17/28/2019 Page 21 OEBO SCHEDULE 3 SUBCONTRACTOR ACTIVITY FORM SUBCONTRACTOR ACTIVITY FOR MONTH ENDING PROJECT# PROJECT NAME PRIME CONTRACTOR NAME PROJECT SUPERVISOR Schedule 3 is used to show the monthly payment activity for work performed by each Subcontractor on the project and in conformity with the Subcontractor(s) submitted on Schedule 2. It also shows approved change orders as they impact all Subcontractors. Schedule 3 is to be submitted by the Prime Contractor with each payment request to Palm Beach County. In the Subcontracting Information section, list the name(s) of each Subcontractor, including each S/M/WBE subcontractor on the project and the total contracted amount for each Subcontractor on the project. As the project proceeds, please complete each column under the Subcontractor Information section. If a subcontractor is an S/M/WBE, please check the appropriate categories applicable. SUBCONTRACTING INFORMATION I Subcontractor Category (check all applicable) Name of Total Approved Revised Amount Amount Amount Paid Actual Minority/ Small Black Hispanic Women Caucasian Other Subcontractor(s) Contract Change Contract drawn for drawn for to Date for Starting Date Women Business (Please Amount Orders Amount Sub this Sub to Date Subcontractor Business Specify) Period (I) (1) (1) \') (\) 11111 I hereby certify that the above information is accurate to the best of my knowledge (Signature) (Title) Additional Sheets May Be Used As Necessary NOTE: Firms may be certified as an SBE and/or an M/WBE. If firms are certified as both an SBE and M/WBE, the dollar amount will not be counted twice. Revised 02/28/2019 Page 22 OEBO SCHEDULE 4—SUBCONTRACTOR/SUBCONSULTANT PAYMENT CERTIFICATION A properly executed Schedule 4 shall be submitted for each Subcontractor/subconsultant after receipt of payment from the Prime.The Prime shall submit this form with each payment application or invoice submitted to the County when the COUNTY has paid the Prime on the previous payment application for services provided by a Subcontractor/subconsultant.All named Subcontractors/subconsultants on this form must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime is an S/M/WBE, completion of a Schedule 4 is also required to document all portions of work performed by their work force. A completed release of lien form can be submitted in lieu of a Schedule 4. This is to certify that received a (Subcontractor/subconsultant Name) (Monthly)or(Final) payment of$ from (Prime Contractor Name) On / / for my Invoice for labor and/or materials supplied MM DD YYYY Month On / (Project Name) (Project No.) DEPT.: TASK ORDER/WORK ORDER/DELIVERY ORDER/PURCHASE ORDER/NO.: PRIME CONTRACTOR/CONSULTANT VENDOR CODE: SUBCONTRACTOR/SUBCONSULTANT VENDOR CODE: If the undersigned intends to distribute any portion of this payment to another Subcontractor/subconsultant, please list the business name and the amount below accompanied by a separate properly executed Schedule 4. Price or Percentage: Name of 2nd/3rd tier Subcontractor/subconsultant By: (Signature of Subcontractor/subconsultant) (Name&Title of Person executing on behalf of Subcontractor/subconsultant) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of❑physical presence or❑online notarization,this day of (year),by (name of person acknowledging). Notary Public,State of Florida Print,Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Revised 12/31/2019 Form J DEPARTMENTAL EVALUATION FORM Date Sent: September 16,2022 Buyer: Marva Brown IFB #22-090R/MB IFB Title: Sodium, Chloride, Solar Salt Quality, Purchase and Delivery of User Department: Water Utilities User Department Contact: Vernetha Green Evaluate enclosed information, sign, date and return to Purchasing by: 09-23-2022 KEYS FOR DEPARTMENT EVALUATION (2) Responsive and Responsible Respondent Meeting Specifications (3) Not Responsive/Responsible to IFB/RFQ (4) Not Technically Evaluated/In Excess of Department's Funding Limits The following responses have been received by the submission deadline and are attached for your evaluation. LIST RESPONDENTS FROM LOWEST TO HIGHEST TOTAL OFFER EVALUATION KEY (SEE ABOVE) MORTON SALT, INC $1,387,611.00 ( ) If a Respondent is deemed non-responsive/responsible,a detailed justification must be furnished below and/or attached. Generalities will not be accepted as sufficient justification. Remarks: - User Department Signature: //i/C__I/ Title: /a)a 1/c„ Jl. Date: Vernetha M. Green, MBA, CPPB Palm Beach County- WUD Support Services Coordinator OCT 4 2022 APPROVED Form V REFERENCE CHECK (One reference per sheet) SOLICITATION #22-090R/MB TITLE: SODIUM, CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF Reference checks are to be completed via phone by a County employee and NOT emailed or faxed to the reference for completion. Bidder/Quoter Name: Morton Salt Inc. Reference Name: City of Boca Raton I The following information was verified with: {Name of Reference Contact Person) Eduardo Catalano 1. What type of goods/services has the above Firm provided for your Company? Solar Salt/Sodium Chloride Notes: How Long? Many Years What are the start and completion dates for goods I services provided? Enter information below. current contract Order/Project/Contract Completion Date OR Date of Last Order/Project/Contract Start Date: 9/2022 Service OR Current/On-Going: on:,oing What is I was the dollar amount spent for the goods/services? Approximately $100,000 annually 2. Were you satisfied with the goods/services? Yes If no, explain why: 3. Did the above Firm have the proper equipment and personnel to provide the goods/services? Yes [ X] If no,explain why: 4. How would you rate the Firm's overall performance in meeting your required needs? Check below: Fair Poor Excellent Good Average (please explain (please explain below) below) [ ] [ X] [ l [ I [ ] Explain why performance was fair or poor: 5. Would you recommend this Firm for future goods/services? Yes [ x] If no, explain why: Comments: No customer service, loads delayed. Ni Palm Beach County Department Signature: ' r. ik.:21k 1 Date: I 0 , l4 1 01,p.._ Form V REFERENCE CHECK (One reference per sheet) SOLICITATION#22-090R/MB TITLE: SODIUM, CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF Reference checks are to be completed via phone by a County employee and NOT emailed or faxed to the reference for completion. Bidder/Quoter Name: Morton Salt Inc. Reference Name: Palm Beach County Water Utilities The following information was verified with: (Name of Reference Contact Person) Wayne Ellington 1. I What type of goods 1 services has the above Firm provided for your Company? Solar Salt/Sodium Chloride Notes: How Long? 20+years What are the start and completion dates for goods/services provided? Enter information below. current contract Order/Project/Contract Completion Date OR Date of Last Order/Project/Contract Start Date: 9/2019 Service OR Current/On-Going: onuoing What is I was the dollar amount spent for the goods I services? Approximately$482,432.42 annually 2. Were you satisfied with the goods/services? Yes If no, explain why: 1 3. 1 Did the above Firm have the proper equipment and personnel to provide the goods I services? Yes [ X] 1 If no, explain why: 4. How would you rate the Firm's overall performance in meeting your required needs? Check below: Fair Poor Excellent Good Average (please explain (please explain i below) below) [ l ( 1 [ x] [ l [ ] Explain why performance was fair or poor: 5. Would you recommend this Firm for future goods/services? Yes [ X] If no,explain why: [Comments: l ,Palm Beach County Department Signature: ; "r► ..1.- Date: 10 I-f ,d-2- Form V REFERENCE CHECK (One reference per sheet) SOLICITATION #22-090R/MB TITLE SODIUM, CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF Reference checks are to be completed via phone by a County employee and NOT emailed or faxed to the reference for completion. Bidder/Quoter Name: Morton Salt Inc. Reference Name: j Port Washington Water District The following information was verified with: (Name of Reference Contact Person) Michelle Handley 1. What type of goods/services has the above Firm provided for your Company? Solar Salt/Sodium Chloride Notes: How Long? approximately 10 years What are the start and completion dates for goods I services provided? Enter information below. current contract ' Order/Project/Contract Completion Date OR Date of Last Order/Project/Contract Start Date: 9/2022 Service OR Current/On-Going: ongoing What is/was the dollar amount spent for the goods /services? $2.04 per ton 2. Were you satisfied with the goods I services? Yes If no,explain why: _ J 3. Did the above Firm have the proper equipment and personnel to provide the goods I services? Yes[ X] If no,explain why: 4. How would you rate the Firm's overall performance in meeting your required needs? Check below: Fair Poor Excellent Good Average (please explain (please explain below) below) [ Xl [ ] [ l [ l 1 I 3 Explain why performance was fair or poor: 5. Would you recommend this Firm for future goods/services? Yes[ Xl If no, explain why: Comments: _ _J Palm Beach County Department Signature: 'lf 1 .r•-)-------/-Date: { 9/ Li )(77....63 c0-- Board of County Commissioners �_ACBCounty Administrator C Robert S. Weinroth, Mayor OG Verdenia C. Baker Gregg K. Weiss, Vice Mayor Dave Kerner a i ►C Maria G. Marino • • Maria Sachs Melissa McKinlay L0RI94' Purchasing Department Mack Bernard www.obcaov.org/purchasing BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION IFB #22-090R/MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT (RE-BID) BID SUBMISSION DATE: SEPTEMBER 15, 2022 AT 4:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department at (561) 616-6800. BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. CAUTION In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system, which can be accessed at https://pbcvssp.co.palm- beach.fl.us/webapp/vssp/AltSelfService. IF BIDDER INTENDS TO USE SUBCONTRACTORS, BIDDER 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 THE COUNTY HAS VERIFIED THAT THE BIDDER 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. It is the vendor's sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from our VSS system or obtained directly from the Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID IFB#22-090R/MB IFB TITLE: Sodium Chloride, Solar Salt Quality, Purchase and Delivery of, Term Contract (Re-Bid) PURCHASING DEPARTMENT CONTACT: Mania Brown, Senior Buyer TELEPHONE NO.: (561) 616-6815 FAX NO.: (561) 242-6715 E-MAIL ADDRESS: mbrown(a_Dbcaov.orq All bid responses must be received on or before SEPTEMBER 15. 2022, no later than 4:00 p.m., Palm Beach County local time. SUBMIT BID TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415- 3199. This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and / or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for item(s) and /or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION The Uniform Commercial Code (Florida Statutes, Chapter 672) Bidders are advised that this package constitutes the complete set of shall prevail as the basis for contractual obligations between the specifications, terms, and conditions which forms the binding contract between successful bidder and Palm Beach County for any terms and Palm Beach County and the successful bidder. Changes to this Invitation for Bid conditions not specifically stated in the Invitation for Bid. may be made only by written amendment issued by the County Purchasing Department. Bidders are further advised to closely examine every section of this b. COMMERCIAL NON-DISCRIMINATION: document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or Item 1: Bidder's Representations and Agreement. interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response prior The Bidder represents and warrants that it will comply with the County's to the published bid submission time. Oral explanations or instructions given by Commercial Nondiscrimination Policy as described in Resolution 2017- any County agent are not binding and should not be interpreted as altering any 1770 as amended. As part of such compliance, the Bidder shall not provision of this document. Bidder certifies that this bid is made without reliance discriminate on the basis of race, color, national origin, religion, on any oral representations made by the County. ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the The County's performance and obligation to pay under the contract is solicitation,selection, hiring or commercial treatment of subcontractors, contingent upon an annual appropriation by the Board of County vendors, suppliers, or commercial customers, nor shall the Bidder Commissioners ("Board")for subsequent fiscal years. retaliate against any person for reporting instances of such discrimination. The Bidder shall provide equal opportunity for 2. LEGAL REQUIREMENTS subcontractors, subconsultants vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply a. COMPLIANCE WITH LAWS AND CODES: Federal, State, opportunities, provided that nothing contained in this clause shall County and local laws,ordinances,rules and regulations that in any prohibit or limit otherwise lawful efforts to remedy the effects of manner affect the items covered herein apply. Lack of knowledge marketplace discrimination that have occurred or are occurring in the by the bidder shall in no way be a cause for relief from County's relevant marketplace in Palm Beach County. The Bidder responsibility. The successful bidder shall strictly comply with understands and agrees that a material violation of this clause shall be Federal, State and local building and safety codes. Equipment considered a material breach of contract and may result in termination shall meet all State and Federal Safety regulations. Bidder certifies of the contract, disqualification or debarment of the Bidder from that all products (materials, equipment, processes, or other items participating in County contracts, or other sanctions. This clause is not supplied in response to this bid)contained in its bid meets all ANSI, enforceable by or for the benefit of, and creates no obligation to, any NFPA, and all other Federal and State requirements. Bidder third party. further certifies that, if it is the successful bidder, and the product delivered is subsequently found to be deficient in any of the Item 2: Bidder's Agreement to Apply to Subcontracts aforementioned requirements in effect on date of delivery,all costs necessary to bring the product into compliance shall be borne by The bidder covenants and agrees to include the commercial non- the bidder. discrimination clause in all subcontractor agreements. Any toxic substance provided to the County as a result of this c. DISCRIMINATION PROHIBITED: Palm Beach County is committed to solicitation or resultant contract shall be accompanied by its Safety assuring equal opportunity in the award of contracts and complies with Data Sheet(SDS). all laws prohibiting discrimination. Pursuant to Palm Beach County Page 3 Resolution R-2017-1770, as may be amended, the successful bidder County Department authorized to act on their behalf, awards or warrants and represents that throughout the term of the contract, approves a contract, rejects all bids, or otherwise takes action which including any renewals thereof, all of its employees are treated equally ends the solicitation process. during employment without regard to race,color,religion,disability,sex, age, national origin, ancestry, marital status, familial status, sexual Bidders may, however, contact any County Commissioner, County orientation, gender identity or expression, or genetic information. Commissioner's staff,or any employee authorized to act on behalf of the Failure to meet this requirement shall be considered a default of Commission to award a particular contract, via written communication, contract. i.e., facsimile, e-mail or U.S. mail. Violations of the "Cone of Silence" are punishable by a fine of$250.00 per violation. d. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful bidder is, and shall be, in the performance of all work, services, and i. CONFLICT OF INTEREST: All bidders shall disclose with their bid the activities under the Contract, an Independent Contractor and not an name of any officer, director, or agent who is also an employee or a employee,agent,or servant of the County. All persons engaged in any relative of an employee of Palm Beach County. Further,all bidders shall of the work or services performed pursuant to the Contract shall at all disclose the name of any County employee or relative of a County times, and in all places, be subject to the successful bidder's sole employee who owns, directly or indirectly, an interest of ten percent or direction,supervision,and control. The successful bidder shall exercise more in the bidder's firm or any of its branches. control over the means and manner in which it and its employees perform the work,and in all respects the successful bidder's relationship, j. SUCCESSORS AND ASSIGNS: The County and the successful bidder and the relationship of its employees, to the County shall be that of an each binds itself and its successors and assigns to the other party in Independent Contractor and not as employees or agents of the County. respect to all provisions of the Contract. Neither the County nor the successful bidder shall assign, sublet, convey or transfer its interest in e. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to the Contract without the prior written consent of the other. Palm Beach County Code Section 2-371 through 2-377,the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), the k. INDEMNIFICATION: Regardless of the coverage provided by any County will conduct fingerprint based criminal history record checks on insurance, the successful bidder shall indemnify, save harmless and all persons not employed by the County who repair, deliver, or provide defend the County, its agents,servants,or employees from and against goods or services for,to,or on behalf of the County. A fingerprint based any and all claims, liability, losses and/or causes of action which may criminal history record check shall be conducted on all employees of arise from any negligent act or omission of the successful bidder, its vendors,contractors,and subcontractors of contractors,including repair subcontractors, agents, servants or employees during the course of persons and delivery persons, who are unescorted when entering a performing services or caused by the goods provided pursuant to these facility determined to be either a critical facility("Critical Facilities")or a bid documents and/or resultant contract. criminal justice information facility("CJI Facilities"), which are critical to the public safety and security of the County. County facilities that require I. PUBLIC RECORDS. ACCESS AND AUDITS: The bidder agrees that this heightened level of security are identified in Resolution R-2003- copies of any and all property, work product, documentation, reports, 1274,as amended. In October 2013,compliance with the requirements computer systems and software, schedules, graphs, outlines, books, of the U. S. Federal Bureau of Investigations CJI Security Policy was manuals, logs,files, deliverables, photographs, videos,tape recordings added to the Ordinance, which includes a broad list of disqualifying or data relating to the Contract which have been created as a part of the offenses. The bidder is solely responsible for understanding the bidder's services or authorized by the County as a reimbursable financial, schedule, and / or staffing implications of this Ordinance. expense, whether generated directly by the bidder, or by or in Further,the bidder acknowledges that its bid price includes any and all conjunction or consultation with any other party whether or not a party direct or indirect costs associated with compliance with this Ordinance, to the Contract, whether or not in privity of contract with the County or except for the applicable FDLE / FBI fees that shall be paid by the the bidder, and wherever located shall be the property of the County. County. Any material submitted in response to this solicitation is considered a f. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County public document in accordance with Section 119.07, F.S. This includes to notify all bidders of the following: "A person or affiliate who has been material which the responding bidder might consider to be placed on the convicted vendor list following a conviction for a public confidential. All submitted information that the responding bidder entity crime may not submit a bid on a contract with a public entity for believes to be confidential and exempt from disclosure (i.e., a trade the construction or repair of a public building or public work, may not secret or as provided for in Section 119.07 and Section 812.081, F.S.) submit bids on leases of real property to a public entity, may not be must be specifically identified as such. Upon receipt of a public records awarded or perform work as a contractor, supplier, subcontractor, or request for such information,a determination will be made as to whether consultant under a contract with any public entity, and may not transact the identified information is,in fact, confidential. business with any public entity in excess of the threshold amount provided in F.S.287.017 for CATEGORY TWO for a period of 36 months The County shall have the right to request and review bidder's books from the date of being placed on the convicted vendor list." and records to verify bidder's compliance with the Contract, adherence to the Equal Business Opportunity ("EBO") Program and its bid. The g. NON-COLLUSION: Bidder certifies that it has entered into no County shall have the right to interview subcontractors, and workers at agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, the work site to determine Contract compliance. The bidder shall or any act which may result in unfair advantage for one or more bidders maintain records related to all charges,expenses,and costs incurred in over other bidders. Conviction for the Commission of any fraud or act estimating and performing the work for at least five (5) years after of collusion in connection with any sale,bid,quotation,proposal or other completion or termination of the Contract. Bidder shall retain all books act incident to doing business with Palm Beach County may result in and records pertaining to the contract, including, but not limited to, permanent debarment. subcontractor payment records, for five (5) years after project completion date. The County and the Palm Beach County Inspector No premiums, rebates or gratuities are permitted;either with, prior to or General shall have access to such records as required in this Section after any delivery of material or provision of services. Any such violation for the purpose of inspection or audit during normal business hours, in may result in award cancellation, return of materials, discontinuation of Palm Beach County at any reasonable time during the five(5)years. . services,and removal from the vendor bid list(s),and/or debarment or suspension from doing business with Palm Beach County. Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Bidder: (i) provides a service; and (ii) acts on h. LOBBYING: Bidders are advised that the"Palm Beach County Lobbyist behalf of the County as provided under Section 119.011(2),F.S.,the Registration Ordinance" prohibits a bidder or anyone representing the Bidder shall comply with the requirements of Section 119.0701, Florida bidder from communicating with any County Commissioner, County Statutes, as it may be amended from time to time. The Bidder is Commissioner's staff,or any employee authorized to act on behalf of the specifically required to: Commission to award a particular contract regarding its bid,i.e.,a"Cone of Silence". 1. Keep and maintain public records required by the County to perform services provided under the Contract. The"Cone of Silence"is in effect from the date/time of the deadline for 2. Upon request from the County's Custodian of Public Records submission of the bid, and terminates at the time that the Board or a ("County's Custodian")or County's representative/liaison,on behalf Page 4 of the County's Custodian, provide the County with a copy of the enforce the award or the resultant contract shall be governed by the laws requested records or allow the records to be inspected or copied of the State of Florida.Any legal action necessary to enforce the award within a reasonable time at a cost that does not exceed the cost or the resultant contract will be held in a court of competent jurisdiction provided in Chapter 119 or as otherwise provided by law. The located in Palm Beach County, Florida. Bidder further agrees that all fees, charges and expenses shall be n. LEGAL EXPENSES: The County shall not be liable to a bidder for any determined in accordance with Palm Beach County PPM CW-F- legal fees, court costs, or other legal expenses arising from the 002, Fees Associated with Public Records Requests, as it may be interpretation or enforcement of the contract, or from any other matter amended or replaced from time to time. generated by or relating to the contract. 3. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not o. NO THIRD PARTY BENEFICIARIES: No provision of the Contract is disclosed except as authorized by law for the duration of the intended to, or shall be construed to, create any third party beneficiary contract term and following completion of the Contract, if the or to provide any rights to any person or entity not a party to the Contract, Bidder does not transfer the records to the public agency. Nothing including but not limited to any citizen or employees of the County and/ contained herein shall prevent the disclosure of or the provision of or successful bidder. records to the County. 4. Upon completion of the Contract, the Bidder shall transfer, at no p. SCRUTINIZED COMPANIES cost to the County, all public records in possession of the Bidder unless notified by County's representative/liaison,on behalf of the 1. SCRUTINIZED COMPANIES: County's Custodian,to keep and maintain public records required by the County to perform the service. If the Bidder transfers all As provided in F.S. 287.135, by entering into a Contract or public records to the County upon completion of the Contract,the performing any work in furtherance hereof,the Bidder certifies that Bidder shall destroy any duplicate public records that are exempt, it, its affiliates, suppliers, subcontractors and consultants who will or confidential and exempt from public records disclosure perform hereunder, have not been placed on the Scrutinized requirements. If the Bidder keeps and maintains public records Companies that Boycott Israel List, or is engaged in a boycott of upon completion of the Contract, the Bidder shall meet all Israel, pursuant to F.S.215.4725. Pursuant to F.S.287.135(3)(b), applicable requirements for retaining public records. All records if Bidder is found to have been placed on the Scrutinized stored electronically by the Bidder must be provided to the County, Companies that Boycott Israel List or is engaged in a boycott of upon request of the County's Custodian or the County's Israel, the resulting Contract from this Invitation for Bid may be representative/liaison, on behalf of the County's Custodian, in a terminated at the option of the County. format that is compatible with the information technology systems of County,at no cost to County. 2. SCRUTINIZED COMPANIES (WHEN CONTRACT VALUE IS GREATER THAN$1 MILLION): Bidder acknowledges that it has familiarized itself with the requirements of Chapter 119, F. S., and other requirements of As provided in F.S. 287.135, by entering into a Contract or state law applicable to public records not specifically set forth performing any work in furtherance hereof,the Bidder certifies that herein. Failure of the Bidder to comply with the requirements of it, its affiliates, suppliers, subcontractors and consultants who will this Section,Chapter 119,F.S.and other applicable requirements perform hereunder, have not been placed on the Scrutinized of state law, shall be a material breach of the Contract. County Companies With Activities in Sudan List or Scrutinized Companies shall have the right to exercise any and all remedies available to it With Activities in The Iran Petroleum Energy Sector List created for breach of contract, including but not limited to, the right to pursuant to F.S. 215.473, or is engaged in business operations in terminate for cause. Cuba or Syria. IF THE BIDDER HAS QUESTIONS If the County determines,using credible information available to the public,that a false certification has been submitted by Bidder, the REGARDING THE APPLICATION resulting Contract from this Invitation for Bid may be terminated and OF CHAPTER 119 FLORIDA a civil penalty equal to the greater of$2 million or twice the amount of the Contract shall be imposed, pursuant to F.S. 287.135. Said STATUTES, TO THE BIDDER'S certification must also be submitted at the time of Contract renewal. DUTY TO PROVIDE PUBLIC 3. BID SUBMISSION RECORDS RELATING TO THE a. SUBMISSION OF RESPONSES: All bid responses must be submitted on the provided Invitation for Bid "Response" CONTRACT, PLEASE CONTACT Form. Bid responses on vendor letterhead/quotation forms shall THE CUSTODIAN OF PUBLIC not be accepted. Responses must be typewritten,written in ink or a photocopy and must be signed by an agent of the company RECORDS AT: having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BID. Bid RECORDS REQUEST PALM responses are to be submitted to the Palm Beach County Purchasing Department no later than the time indicated on the BEACH COUNTY PUBLIC AFFAIRS solicitation preamble,and must be submitted in a sealed envelope or container bearing the bid number for proper handling. DEPARTMENT, 301 N. OLIVE b. CERTIFICATIONS.LICENSES AND PERMITS: Unless otherwise AVENUE, WEST PALM BEACH, directed in sub-paragraph d. (Local Preference) or the Special FL 33401, BY E-MAIL AT Conditions of this bid, bidder should include with its bid a copy of all applicable Certificates of Competency issued by the State of RECORDSREQUEST(d PBCGOV.O Florida or the Palm Beach County Construction Industry Licensing Board in the name of the bidder shown on the response page. It RG OR BY TELEPHONE AT 561- shall also be the responsibility of the successful bidder to maintain a current Local Business Tax Receipt (Occupational License) for 355-6680. Palm Beach County and all permits required to complete the contractual service at no additional cost to Palm Beach County. A m. INCORPORATION. PRECEDENCE. JURISDICTION, GOVERNING Palm Beach County Local Business Tax Receipt (Occupational LAW: This Invitation for Bid shall be included and incorporated in the License)is required unless specifically exempted by law. In lieu of final award. The order of contractual precedence shall be the bid a Palm Beach County Local Business Tax Receipt(Occupational document (original terms and conditions), bid response, and purchase License),the bidder should include the current Local Business Tax order or term contract order. Any and all legal action necessary to Receipt (Occupational License) issued to the bidder in the Page 5 response. It is the responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained A detailed quote or proposal may be attached with a signed in force and current throughout the term of the contract. Failure to Schedule 2. meet this requirement shall be considered default of contract. c. S/M/WBE-EBO REQUIREMENTS Failure to submit a properly executed Schedule 1 and Schedule 2 will result in no S/M/WBE consideration given. Please note that all forms related to the EBO Program, including waiver forms and good faith effort documentation In the event of a conflict between Schedules 1 and 2 when can be found at: calculating S/MM/BE participation, the information provided on http://discover.pbcgov.oru/oebo/Pages/Documents.asox Schedule 2 shall have precedence. Item 1—Policy In the event of mathematical error(s), the unit price, if available, It is the policy of the Board that all segments of its business shall prevail and the vendor's total offer shall be corrected population, including, but not limited to, small, local, minority and accordingly. If the County's issuance of an alternate or change women owned businesses, have an equitable opportunity to order on a project results in changes in the scope of work to be participate in the County's procurement process, prime contract performed by a subcontractor/subconsultant listed at the time of bid and subcontract opportunities. To that end, the Board adopted an submission, the Prime must submit a, completed and properly Equal Business Opportunity Ordinance which is codified in executed Schedule 2 that specifies the revised scope of work to be Sections 2-80.20 through 2-80.30 (as may be amended) of the performed by the subcontractor/subconsultant,along with the price Palm Beach County Code, (EBO Ordinance)which sets forth the and/or percentage. County's requirements for the EBO Program, and which is incorporated in this solicitation. The provisions of the EBO Item 4—S/M/WBE Certification Ordinance are applicable to this solicitation, and shall have Only those firms certified by Palm Beach County at the time of bid precedence over the provisions of this solicitation in the event of a submission shall be counted toward the established S/M/WBE conflict. goals. Upon receipt of a completed application, IT TAKES UP TO NINETY(90)BUSINESS DAYS TO BECOME CERTIFIED AS AN Item 2—Waiver of Affirmative Procurement Initiatives (APIs) S/M/WBE WITH PALM BEACH COUNTY. It is the responsibility of Requirements the bidder to confirm the certification of any proposed S/M/WBE; In accordance with the EBO Ordinance, the Affirmative therefore, it is recommended that bidders visit the online Vendor Procurement Initiatives (APIs) have been waived for this Directory at www.pbcoov.oro/oebo to verify S/M/WBE certification solicitation. However, if any Bidder intends to utilize any status. Firms must continue to recertify during the life of the subcontractors/subconsultants as part of their response to this contract as the County may only count toward the established goal, solicitation, the applicable OEBO Schedules must be submitted work performed by an S/M/WBE during the time their certification with their response for compliance tracking purposes. dates are valid. Item 3—Bid Submission Documentation Item 5—Responsibilities After Contract Award S/M/WBE bidders,bidding as prime contractors or consultants,are advised that they must complete Schedule 1 and Schedule 2, Schedule 3—Subcontractor Activity Form listing the work to be performed by their own workforce, as well as The Prime Contractor shall submit a completed Activity Report form the work to be performed by all subcontractor or subconsultant, (Schedule 3)with each invoice, or payment application when any including S/M/WBE subcontractors and subconsultants. Failure to subcontractor/subconsultant has provided services during the include this information on Schedule 1 will result in the participation period in which the Prime is requesting payment. This form shall by the S/M/WBE prime bidders own workforce NOT being counted contain the names of all subcontractors/subconsultants, and towards meeting the -S/M/WBE goal. This requirement applies specify the contracted dollar amount, approved change orders; even if the S/M/WBE bidder intends to perform 100% of the work revised contract amount;amount drawn this period;amount drawn with their own workforce S/M/WBE subcontractor/subconsultant to date;and payments to date issued to all subcontractors with their documentation. If applicable,shall be submitted as follows: starting date. Schedule 1 -List of Proposed Subcontractors/Subconsultants Schedule 4—Payment Certification Form A completed Schedule 1 submitted by the prime shall list the A fully executed Schedule 4 shall be submitted for each names of all subcontractors/subconsultants intended to be used in subcontractor/subconsultant after receipt of payment from the performance of the contract, if awarded. The total proposed Prime Contractor/consultant. The Prime Contractor/consultant percentage of S/M/WBE participation shall also be included on this shall submit this form with each payment application or invoice form. This schedule shall also be used if an S/M/WBE Prime submitted to the County when the County has paid the Prime Contractor/consultant is performing all or any portion of the contract Contractor/consultant on the previous payment application for with their work force. services provided by a subcontractor/subconsultant. If any subcontractor/subconsultant intends to disburse funds associated Schedule 2-Letter of Intent with this payment to another subcontractor/subconsultant for labor A completed Schedule 2 is a binding document between the Prime provided on the contract, the amount and name of the Contractor/consultant and a subcontractor/subconsultant (or any subcontractor/subconsultant shall be listed on this form. All named tier)and should be treated as such. The Schedule 2 shall contain subcontractors/subconsultants on this form must also complete bolded language indicating that by signing the Schedule 2, both and submit a separate Schedule 4 after receipt of payment. If the parties recognize this Schedule as a binding document. Each Prime Contractor/consultant is a certified S/M/WBE, a Schedule 4 Schedule 2 shall be properly executed by the Prime shall be submitted to reflect the amount of payment retained by the Contractor/consultant and by the proposed Prime Contractor/consultant for services performed by its own subcontractor/subconsultant. If the Prime Contractor/consultant is workforce. an S/M/WBE, a Schedule 2 shall be submitted to document work to be performed by its workforce. All S/M/WBE(s)shall specify, in All bidders hereby agree and assure that they will meet the detail, the type of work they will perform along with the dollar S/M/WBE participation percentages submitted in their respective amount they will be compensated and/or percentage of work they bids with the subcontractors/subconsultants contained on will perform. If any subcontractor/subconsultant intends to Schedules 1 and 2 and at the dollar values specified. Respondents subcontract any portion of their work, they are required to list the or bidders agree to provide any additional information requested by dollar amount and the name of the subcontractor/subconsultant on the County to substantiate participation. this form. All named subcontractors/subconsultants on this form must also complete and submit a separate Schedule 2. The Prime Upon letter notification by the County that the EBO payment may count toward its S/M/WBE goal second and third tiered portal/tracking system is available for use,the Bidder is required to certified S/M/WBE(s); provided that the Prime input all subcontractor/subconsultant payment information directly Contractor/consultant submits a completed Schedule 2 form for into the EBO payment portal prior to submitting a payment each S/M/WBE. application. Page 6 Item 6—S/M/WBE Substitutions Glades business, all bids received from responsive, After contract award, the Prime Contractor/consultant will only be responsible Glades businesses will be decreased by 5%. The permitted to substitute a certified S/M/WBE that is unwilling or original bid amount is not changed. The 5%decrease given unable to perform. The Prime Contractor/consultant will only be for the Glades Local Preference is calculated only for the permitted to modify the scope of work or price of an S/MNVBE listed purpose of determining local preference. at bid opening or date/time for submission of the response to the 2. Local Preference: Pursuant to the Palm Beach County Local solicitation as a result of the County's issuance of an amendment, Preference Ordinance, a 5% Local Preference is given to alternate or change orders on a project.Substitutions shall be done bidders having a permanent place of business in Palm Beach with like certified S/MNVBEs in order to maintain the participation County. If the lowest responsive,responsible bidder is a non- percentages submitted with the bid or proposal. local business; all bids received from responsive,responsible local businesses will be decreased by 5%. The original bid All requests for modifications or substitutions shall be submitted to amount is not changed. The 5%decrease given for the Local the County and the Office of EBO on the EBO Request for Preference is calculated only for the purpose of determining S/M/WBE Substitution Modification Removal Form for review. local preference. Upon receiving an approval for substitution, the Prime 3. To receive a Glades Local Preference or a Local Preference Contractor/consultant shall submit a completed and signed (collectively referred to as"local preference"), a bidder must Schedule 2 for the new S/MNVBE;the new S/MNVBE shall specify have a permanent place of business in existence prior to the the type of work to be performed, and the dollar amount and/or County's issuance of this Notice of Solicitation/Invitation for percentage shall also be specified upon receiving approval for Bid. A permanent place of business means that the bidder's modification or substitution. headquarters is located in Palm Beach County or in the Glades, as applicable; or, the bidder has a permanent office The Prime Contractor/consultant shall submit a new properly or other site in Palm Beach County or in the Glades, as executed Schedule 2 that specifies the revised scope of work to be applicable,where the bidder will produce a substantial portion performed by the S/M/WBE, along with the revised dollar amount of the goods or services to be purchased. and/or percentage. A detailed quote or proposal may be attached 4. A valid Business Tax Receipt issued by the Palm Beach with a properly executed Schedule 2. County Tax Collector is required, unless the bidder is exempt from the business tax receipt requirement by law,and will be Item 7—EBO Program Comoliance-Penalties used to verify that the bidder had a permanent place of Under the EBO Ordinance,the OEBO is required to implement and business prior to the issuance of this Notice of Solicitation / monitor S/M/WBE utilization during the term of any contract Invitation for Bid. In addition, the attached "Certification of resulting from this solicitation. It is the County's policy that Business Location" and Business Tax Receipt must S/M/WBEs shall have the maximum feasible opportunity to accompany the bid at the time of bid submission. The Palm participate in the performance of County contracts. All Bidders are Beach County Business Tax Receipt and this Certification are required to comply with the EBO Ordinance and shall be expected the sole determinant of local preference eligibility. Errors in to comply with the API(s)applicable to this solicitation, as well as the completion of this Certification or failure to submit this the S/MNVBE utilization proposed by a Bidder in its Bid, which completed Certification will cause the bidder/proposer to not utilization plan forms a part of any resulting Contract. receive a local preference. The Director of the OEBO or designee may require such reports, e. DRUG FREE WORKPLACE CERTIFICATION: In compliance information, and documentation from the BidderNendor as are with Florida Statute (Section 287.087) attached form "Drug-Free reasonably necessary to determine compliance with the EBO Workplace Certification" should be fully executed and submitted Ordinance requirements. Vendor shall correct all noncompliance with bid response in order to be considered for a preference issues within fifteen (15) calendar days of a written notice of whenever two (2) or more bids which are equal with respect to noncompliance by the department procuring the goods or services price,quality,and service are received by Palm Beach County. or the OEBO. If the Bidder does not resolve the non-compliance f. CONDITIONED OFFERS: Bidders are cautioned that any within fifteen (15) days of receipt of written notice of non- condition, qualification, provision, or comment in their bid, or in compliance„ then upon recommendation of sanctions by the other correspondence transmitted with their bid,which in any way Director of EBO or designee in consultation with the County modifies, takes exception to, or is inconsistent with the regarding the failure of a contractor, vendor, respondent or bidder specifications, requirements, or any of the terms, conditions, or or other business representative to comply with any portion of the provisions of this solicitation, is sufficient cause for the rejection of EBO Ordinance,the Director of the EBO or designee(for purposes their bid as non-responsive. of imposing penalties, the Purchasing Director shall serve as the EBO designee)may impose any or all of the following penalties on g. PRICING: the non complying party any or all of the following penalties. 1. Prices offered must be the price for new merchandise and free a. Suspension of contract; from defect. Unless specifically requested in the bid b. Withholding of funds; specifications, any bids containing modifying or escalation c. Termination of contract based upon a material breach of clauses shall be rejected. contract pertaining to EBO Program compliance; 2. The price offered must be in accordance with the unit of d. Suspension or Debarment of a respondent or bidder, measure provided on the response page(s). One (1) space contractor or other business entity from eligibility for providing or line requires only one(1)single,fixed unit price. Anything goods or services to the County for a period not to exceed other than a single,fixed unit price shall result in the rejection three(3)years;and of your bid. e. Liquidated damages equal to the difference in dollar value of 3. All unit prices bid should be within two (2)decimal points. If S/M/WBE participation as committed to in the contract, and bidder's pricing exceeds two (2) decimal points, Purchasing the dollar value of S/M/WBE participation as actually reserves the right to round up or down accordingly. achieved, if applicable. 4. Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of bid d. LOCAL PREFERENCE ORDINANCE: In accordance with the submission to allow for evaluation and award. Palm Beach County Local Preference Ordinance, a preference 5. Bidder warrants by virtue of bidding that prices shall remain may be given to(1)bidders having a permanent place of business firm for the initial and any subsequent term. in Palm Beach County or(2)bidders having a permanent place of 6. In the event of mathematical error(s), the unit price shall business in the Glades that are able to provide the goods or prevail and the bidder's total offer shall be corrected services within the Glades. accordingly. BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED BY THE BIDDER 1. Glades Local Preference: Pursuant to the Palm Beach PRIOR TO BID SUBMISSION; HOWEVER, IF THE County Local Preference Ordinance, a 5% Glades Local CORRECTION IS NOT PROPERLY INITIALED, BUT THE Preference is given when a Glades business offers to provide INTENT OR LEGIBILITY OF THE CORRECTION IS CLEAR, the goods or services that will be procured for use in the THE BID SHALL NOT BE REJECTED. Glades. If the lowest responsive, responsible bidder is a non- Page 7 7. Bidders may offer a cash discount for prompt payment. m. SALES PROMOTIONS / PRICE REDUCTIONS I MOST However, such discounts shall not be considered in FAVORED CUSTOMER: Should sales promotions occur during determining the lowest net cost for bid evaluation purposes the term of the contract that lower the price of the procured item, unless otherwise specified in the special conditions. Bidders the successful bidder shall extend to the County the lower price should reflect any discounts to be considered in the unit prices offered by the manufacturer on any such promotional item. bid. Further,any price decreases effectuated during the contract period by reason of market change or otherwise, shall be passed on to h. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to Palm Beach County. Additionally, any time after award, the bid on some items sought by this solicitation should mark those successful bidder may offer a reduced price which shall remain in items as "no bid". If some items are to be offered at no charge, effect for the duration of the contract. The successful bidder bidders should mark those items as "no charge". Items left blank warrants that the price(s)shall not exceed the successful bidder's shall be considered a "no bid" for that item, and the bid shall be price(s) extended to its most favored customer for the same or evaluated accordingly. similar goods or services in similar quantities,or the current market price,whichever is lower. In the event the successful bidder offers i. ACCEPTANCE / REJECTION OF BIDS: Palm Beach County more favorable pricing to one of its customer(s), the successful reserves the right to accept or to reject any or all bids. Palm Beach bidder shall extend to the County the same pricing or the then County also reserves the right to (1) waive any non-substantive current market price,whichever is lower. irregularities and technicalities;(2)reject the bid of any bidder who has previously failed in the proper performance of a contract of a n. BIDDER'S COMMERCIAL NON-DISCRIMINATION similar nature, who has been suspended or debarred by another CERTIFICATION: In accordance with Palm Beach County Code governmental entity, or who is not in a position to perform properly Section 2-80.24, the undersigned bidder hereby certifies and under this award; and(3)inspect all facilities of bidders in order to agrees that the following information is correct: In preparing its make a determination as to its ability to perform. response to this solicitation, the Bidder has considered all proposals submitted from qualified, potential subcontractors and Palm Beach County reserves the right to reject any offer or bid if suppliers,and has not engaged in"discrimination"as defined in the the prices for any line items or subline items are materially County's Commercial Nondiscrimination Policy as set forth in unbalanced. An offer is materially unbalanced if it is Resolution 2017-1770 as amended, to wit: discrimination in the mathematically unbalanced, and if there is reason to believe that solicitation, selection or commercial treatment of any the offer would not result in the lowest overall cost to the County, Subcontractor, vendor, supplier or commercial customer on the even though it is the lowest evaluated offer. An offer is basis of race, color, national origin, religion, ancestry, sex, age, mathematically unbalanced if it is based on prices which are marital status,familial status, sexual orientation, gender identity or significantly less than fair market price for some bid line item and expression,disability,or genetic information,or on the basis of any significantly greater than fair market price for other bid line items. otherwise unlawful use of characteristics regarding the vendor's, Fair market price shall be determined based on industry standards, supplier's or commercial customer's employees or owners; comparable bids or offers, existing contracts, or other means of provided that nothing in this policy shall be construed to prohibit or establishing a range of current prices for which the line items may limit otherwise lawful efforts to remedy the effects of discrimination be obtained in the market place. The determination of whether a that have occurred or are occurring in the County's relevant particular offer or bid is materially unbalanced shall be made in marketplace of Palm Beach County.Without limiting the foregoing, writing by the Purchasing Director, citing the basis for the "discrimination" also includes retaliating against any person or determination. other entity for reporting any incident of"discrimination." Without limiting any other provision of the solicitation, it is understood and j. NON-EXCLUSIVE: The County reserves the right to acquire agreed that, if this certification is false, such false certification will some or all of these goods and services through a State of Florida constitute grounds for the County to reject the bid submitted by the contract under the provisions of Section 287.042, Florida Statutes, bidder for this Solicitation, and to terminate any contract awarded provided the State of Florida contract offers a lower price for the based on the response. same goods and services. This reservation applies both to the At the time of bid submission,the bidder shall provide to the County initial award of this solicitation and to acquisition after a term a list of all instances within the immediate past four(4)years where contract may be awarded. Additionally, Palm Beach County there has been a final adjudicated determination in a legal or reserves the right to award other contracts for goods and services administrative proceeding in the State of Florida that the bidder falling within the scope of this solicitation and resultant contract discriminated against its subcontractors, vendors, suppliers or when the specifications differ from this solicitation or resultant commercial customers,and a description of the status or resolution contract, or for goods and services specified in this solicitation of that complaint, including any remedial action taken. when the scope substantially differs from this solicitation or resultant contract. Bidder shall indicate its agreement to the foregoing by signing k. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: the Response page. Palm Beach County encourages and agrees to the successful Bidder's failure to meet these requirements shall render its bid bidder extending the pricing, terms and conditions of this response non-responsive. solicitation or resultant contract to other governmental entities at the discretion of the successful bidder. 4. BID SUBMISSION TIME/AWARD OF BID I. PERFORMANCE DURING EMERGENCY: By submitting a bid, a. OBSERVING THE PUBLISHED BID SUBMISSION TIME: The bidder agrees and promises that, immediately preceding, during published bid submission time shall be scrupulously observed. It and after a public emergency, disaster, hurricane, flood, or act of is the sole responsibility of the bidder to ensure that their bid arrives God, Palm Beach County shall be given"first priority"for all goods in the Purchasing Department prior to the published bid submission and services under the contract. Bidder agrees to provide all goods time. Any bid delivered after the precise published time of bid and services to Palm Beach County immediately preceding,during submission shall not be considered. Bid responses by telephone, and after a public emergency, disaster, hurricane, flood, or act of electronics,or facsimile shall not be accepted. Bidders shall not be God, at the terms, conditions, and prices as provided in this allowed to modify their bids after the published bid submission time. solicitation on a"first priority"basis. Bidder shall furnish a 24-hour phone number to the County. Failure to provide the goods or b. POSTING OF AWARD RECOMMENDATION: Recommended services to the County on a first priority basis immediately awards shall be publicly posted for review, at the Purchasing preceding, during and after a public emergency, disaster, Department and on the Purchasing Department website at hurricane, flood, or act of God, shall constitute breach of contract www.obcaov.ora/ourchasino prior to final approval, and shall and subject the bidder to sanctions from doing further business with remain posted for a period of five (5) business days. The official the County. posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings. Page 8 c. PROTEST PROCEDURE: Protest procedures are provided in the d. CHANGES: The Director of Purchasing, Palm Beach County, by Palm Beach County Purchasing Code. Protests must be submitted written notification to the successful bidder may make minor in writing, addressed to the Director of Purchasing, via hand changes to the contract terms. Minor changes are defined as delivery, mail or fax to (561) 242-6705. Protest must identify the modifications which do not significantly alter the scope, nature, or solicitation,specify the basis for the protest,and be received by the price of the specified goods or services. Typical minor changes Purchasing Department within five(5)business days of the posting include, but are not limited to, place of delivery, method of date of the recommended award. The protest is considered filed shipment, minor revisions to customized work specifications, and when it is received by the Purchasing Department. Failure to file a administration of the contract. The successful bidder shall not protest as outlined in the Palm Beach County Purchasing Code amend any provision of the contract without written notification to shall constitute a waiver of proceedings under the referenced the Director of Purchasing, and written acceptance from the County Code. Director of Purchasing or the Board. 5. CONTRACT ADMINISTRATION e. DEFAULT: The County may, by written notice of default to the successful bidder, terminate the contract in whole or in part if the a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be successful bidder fails to satisfactorily perform any provisions of made as soon as possible. Deliveries resulting from this bid are to this solicitation or resultant contract, or fails to make progress so be made during the normal working hours of the County. Time is as to endanger performance under the terms and conditions of this of the essence and delivery dates must be met. Should the solicitation or resultant contract, or provides repeated non- successful bidder fail to deliver on or before the stated dates, the performance,or does not remedy such failure within a period of 10 County reserves the right to CANCEL the order or contract and days (or such period as the Director of Purchasing may authorize make the purchase elsewhere. The successful bidder shall be in writing) after receipt of notice from the Director of Purchasing responsible for making any and all claims against carriers for specifying such failure. In the event the County terminates the missing or damaged items. contract in whole or in part because of default of the successful bidder, the County may procure goods and/or services similar to Delivered items shall not be considered "accepted" until an those terminated, and the successful bidder shall be liable for any authorized agent for Palm Beach County has, by inspection or test excess costs incurred due to this action. of such items, determined that they appear to fully comply with specifications. The Board may return, at the expense of the If it is determined that the successful bidder was not in default or successful bidder and for full credit,any item(s)received which fail that the default was excusable(e.g.,failure due to causes beyond to meet the County's specifications or performance standards. the control of, or without the fault or negligence of,the successful bidder), the rights and obligations of the parties shall be those b. FEDERAL AND STATE TAX: Palm Beach County is exempt from provided in Section 5f,"Termination for Convenience". Federal and State taxes. The authorized agent for Purchasing shall provide an exemption certificate to the successful bidder, f. TERMINATION FOR CONVENIENCE: The Director of Purchasing upon request. Successful bidders are not exempted from paying may, whenever the interests of the County so require, terminate sales tax to their suppliers for materials to fulfill contractual the contract, in whole or in part,for the convenience of the County. obligations with the County, nor are successful bidders authorized The Director of Purchasing shall give five (5) days prior written to use the County's Tax Exemption Number in securing such notice of termination to the successful bidder, specifying the materials. Any sales tax paid by successful bidders to their portions of the contract to be terminated and when the termination suppliers for materials to fulfill contractual obligations with the is to become effective. If only portions of the contract are County are not reimbursable by the County to the successful terminated,the successful bidder has the right to withdraw,without bidder. adverse action,from the entire contract. c. PAYMENT: In order for Palm Beach County to make payment,the Unless directed differently in the notice of termination, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN successful bidder shall incur no further obligations in connection Number on the successful bidder's bid; must be exactly the same with the terminated work,and shall stop work to the extent specified as it appears on the invoice and in Palm Beach County's VSS and on the date given in the notice of termination. Additionally, system which can be accessed at httas://abcvssa.co.aaim- unless directed differently, the successful bidder shall terminate beach.fl.us/webaoo/vsso/AltSelfService. outstanding orders and/or subcontracts related to the terminated work. Successful bidders shall send ALL ORIGINAL invoices to the following address and may send copies of invoices to the Palm g. REMEDIES: No remedy herein conferred upon any party is Beach County Department requesting the goods/ intended to be exclusive of any other remedy,and each and every services. Invoices submitted on carbon paper shall not be such remedy shall be cumulative and shall be in addition to every accepted. other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude PALM BEACH COUNTY any other or further exercise thereof. FINANCE DEPT. P.O.BOX 4036 6. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL WEST PALM BEACH,FL 33402-4036 AUDIT REQUIREMENTS: Pursuant to Palm Beach County Code, Section 2-421 — 2-440, as amended, Palm Beach County's Office of Payment shall be made by the County after goods/services have Inspector General is authorized to review past, present and proposed been received, accepted and properly invoiced as indicated in the County contracts, transactions, accounts, and records. The Inspector contract and/or order. Invoices must bear the order number.The General's authority includes, but is not limited to, the power to audit, Florida Prompt Payment Act is applicable to this solicitation. investigate,monitor,and inspect the activities of entities contracting with Interest penalties will only be paid in accordance with the Florida the County, or anyone acting on their behalf, in order to ensure Prompt Payment Act, Florida Statute 218.70. compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with Note: Palm Beach County Vendors can now be paid by Credit or impeding any investigation shall be a violation of Palm Beach County Card via the County's voluntary Payment Manager Code,Section 2-421 —2-440,and punished pursuant to Section 125.69, Program. For vendors who don't have a merchant account,one is Florida Statutes,in the same manner as a second degree misdemeanor. needed to utilize the Program. For vendors with a merchant account,you will need to enroll with the Palm Beach County Clerk 7. BUSINESS INFORMATION: If bidder is a Joint Venture for the goods/ & Comptroller's Office. For information, contact the Palm Beach services described herein, bidder shall, upon request of Palm Beach County Clerk & Comptroller at County, provide a copy of the Joint Venture Agreement signed by all pbcoavmentmar(a)mvoalmbeachclerk.com. parties. Page 9 8. E-VERIFY — EMPLOYMENT ELIGIBILITY: Bidder warrants and represents that it is in compliance with section 448.095,Florida Statutes, as may be amended, and that it: (1) is registered with the E-Verify System (E-Verify.gov), and uses the E-Verify System to electronically verify the employment eligibility of all newly hired workers; and (2) has verified that all of bidder's subconsultants performing the duties and obligations of the contract are registered with the E-Verify System, and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. Bidder shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in section 448.095(1)(k), Florida Statutes, as may be amended. Bidder shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of the contract which requires a longer retention period. County shall terminate the contract if it has a good faith belief that bidder has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If County has a good faith belief that bidder's subconsultant has knowingly violated section 448.09(1), Florida Statutes, as may be amended, County shall notify bidder to terminate its contract with the subconsultant and bidder shall immediately terminate its contract with the subconsultant. If County terminates the contract pursuant to the above, bidder shall be barred from being awarded a future contract by County for a period of one(1)year from the date on which the contract was terminated. In the event of such contract termination, bidder shall also be liable for any additional costs incurred by County as a result of the termination. THIS IS THE END OF"GENERAL CONDITIONS" Page 10 SPECIAL CONDITIONS IFB #22-090R/MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT (RE-BID) 9. GENERAL/ SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 10. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two (2) working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this provision. a. List a minimum of three (3) references in which similar goods and/or services have been provided within the past three (3) years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement. 11. CRIMINAL HISTORY RECORDS CHECK This solicitation includes sites and/or buildings, which have been designated as either"critical facilities" or "criminal justice information facilities" pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), and Resolution R-2003-1274, as amended. County staff representing the User County Department will contact the successful bidder and provide specific instructions for meeting the requirements of this Ordinance. This provision applies to and must be adhered to by all vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering critical facilities or criminal justice information facilities. Individuals passing the background check will be issued a badge. Successful bidder shall make every effort to collect the badges of its employees and its subcontractors' employees upon conclusion of the contract work and return them to the County. If the successful bidder or its subcontractor terminates an employee who has been issued a badge, the successful bidder must notify the County within two (2) hours. At the time of termination, the successful bidder shall retrieve the badge and return it to the County in a timely manner. The County reserves the right to suspend any Vendor that; 1) does not comply with the requirements of County Code Section 2-371 through 2-377 as amended; 2)does not contact the County regarding a terminated successful bidder employee or subcontractor employee within the stated time; or 3) fails to make a good faith effort in attempting to comply with the badge retrieval policy. 12. AWARD (ALL-OR-NONE) Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all-or-none, total offer basis, subject to the S/M/WBE provisions and Local Preference provisions specified herein, as applicable. Page 11 13. PRIMARY AND SECONDARY DESIGNATION Palm Beach County reserves the right to make multiple awards for this solicitation. In the event that this right is exercised, the lowest responsive, responsible bidder shall be designated primary awardee and the next lowest responsive, responsible bidder shall be designated secondary awardee. Determination of lowest, responsive, responsible bidder is subject to the S/M/WBE and Local Preference provisions specified herein, as applicable. The primary awardee shall be given the first opportunity to perform. The secondary awardee shall be contacted only after the primary awardee has refused to perform. The primary awardee is expected to perform all work offered to them, unless they are unable to perform it for lack of resources or technical ability. Additionally, if during the term of the contract the primary awardee is found in default of the contract; does not agree to renew the contract; or unilaterally terminates the contract, the rights, duties, and obligations of the primary awardee shall be offered to the secondary awardee and awarded upon mutual agreement. 14. METHOD OF ORDERING (TERM CONTRACT) A contract shall be issued for a term of twelve (12) months or until the estimated amount is expended, at the discretion of the County. The County will order on an as needed basis. 15. ADDITION /DELETION OF DELIVERY LOCATIONS Palm Beach County reserves the right to add or delete delivery locations, including locations within the Glades, during the term of the contract at its sole discretion. Additional locations shall be based on price per ton offered on the Bid Response page(s). Additional sites may be subject to renewal options. 16. F.O.B. POINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, freight,shipping, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. Unless specified otherwise in this solicitation, delivery may be to any location within Palm Beach County, including locations within the Glades Area. 17. DELIVERY Delivery shall be required within three (3) calendar days after receipt of purchase order or term contract delivery order (DO) unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Director or his/her designee. Failure of the successful bidder to perform to the delivery requirement is sufficient cause for default and termination of the contract. 18. AS SPECIFIED A term contract delivery order (DO) will be issued to the successful bidder with the understanding that all items delivered and/or services rendered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not delivered as specified. At the option of Palm Beach County, item(s)from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specifications. Successful bidder shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications. 19. QUANTITY The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the response page. 20. RENEWAL OPTION The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for four(4) additional twelve (12) month period(s).The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations.The unit prices bid shall apply for the initial term and each renewal period. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if the successful bidder is suspended by the Purchasing Department prior to the commencement of the renewal period. Page 12 21. INSURANCE REQUIRED It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, do Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415, unless otherwise directed by the County. Subsequently, the successful bidder shall, during the term of the contract, and prior to each renewal thereof, provide evidence of insurability to Palm Beach County Purchasing department, prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured. Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful bidder to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the bidder indicating either the bidder does not own any vehicles, and if vehicles are acquired throughout the term of the contract, bidder agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440. A signed Certificate or Certificates of Insurance,evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County(normally within 2 working days of request). Failure to provide required insurance shall render your bid non responsive. Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable), said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non-renewal of coverage. The Certificate Holder shall read: Palm Beach County Board of County Commissioners c/o Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form,types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis. Page 13 SPECIFICATIONS IFB #22-090R/MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT (RE-BID) PURPOSE AND INTENT The sole purpose and intent of this Invitation for Bid (IFB) is to secure firm, fixed pricing and establish a term contract for the purchase and delivery of Sodium Chloride, Solar Salt quality or greater, at various locations throughout Palm Beach County. GENERAL All bulk shipments shall be accompanied by certified weight tickets. Delivery shall be made using pneumatic tanker trucks only and shall be bulk delivered. COUNTY'S RESPONSIBILITIES The County shall: 1. Order on an as needed basis. 2. Provide access to location(s)where the product will be delivered. 3. NOT accept any minimum order requirements. SUCCESSFUL BIDDER'S RESPONSIBILITIES The successful bidder shall: 1. Adhere to all terms, conditions, requirements and specifications of the contract. 2. Include delivery/fuel charges in their unit pricing. 3. Remove material from the County property that does not meet the requirements of the ANSI/AWWA B200 latest revision Standards, at no additional cost to the County. 4. Upon request, provide an affidavit to the County to affirm that the Sodium Chloride furnished complies with all applicable requirements of the ANSI/AWWA B200 latest revision standards. 5. Ensure equipment has 4" aluminum cam-lock for connection. 6. Deliver in full truckloads on an as needed basis. TECHNICAL REQUIREMENTS 1. The sodium chloride (NaC1), granular, shall be solar salt quality or greater, containing no organic binders, flow control agents, or resin cleaning materials, and meeting or exceeding the following specifications (as ppm [mg/kg]weight). NaC1: Dry basis 96.3% - 98% Wet basis 93.3% minimum Calcium sulfate 0.30% maximum Magnesium chloride 0.06% maximum Calcium chloride 0.10% maximum Magnesium sulfate 0.02% maximum Insoluble 0.1% maximum Moisture (as H70) 3.0% maximum Lead 0.0007% maximum Copper 0.0003% maximum Iron (as Fe) 0.002% maximum Total impurities (soluble & insoluble) 2.0% maximum 2. Product shall be as per ANSI/AWWA B200 latest revision standards, Section 5,VERIFICATION. 3. Product shall be homogeneous and in a crystalline granular form. 4. Product shall be white in color. Page 14 CURRENT DELIVERY LOCATIONS ESTIMATED QUANTITY Water Treatment Plant#2 2956 Pinehurst Drive, West Palm Beach, FL 33467 5,400 Tons Patti Brock (561)493-6360 Water Treatment Plant#8 1500 Jog Road, West Palm Beach, FL 33417 2,700 Tons Tim McAleer (561)493-6180 Palm Beach County reserves the right to add and/or delete locations including locations within the Glades Area, during the term of the contract at no additional cost to the County. COUNTY ACCEPTANCE Delivered products shall not be considered accepted until an authorized agent for the County has, by inspection or test of such items, determined that they appear to fully comply with specifications. All packages, boxes, cartons/cases, and items contained therein shall be free of contaminants, and damage of any kind. The County may return, at the expense of the successful bidder and for full refund, any item(s) received which fail to meet the County's specifications or performance standards. PAYM ENT Payment will be based on the price offered on the Bid Response page. Unit price offered per ton shall include all delivery and unloading charges. Payment shall be rendered ONLY upon the County's satisfaction and acceptance of item(s) delivered. Price shall include, but is not limited to, all supervision, labor, equipment, materials, tools, machinery, transportation and other facilities and services necessary to fully provide the item(s) as specified above. Page 15 SPECIFICATIONS IFB #22-090R/MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT (RE-BID) ITEM ESTIMATED UNIT TOTAL NO. DESCRIPTION 12 MONTH UNIT PRICE OFFER QUANTITY Sodium Chloride, Granular, Solar Salt Quality, Bulk 1. Delivery in accordance with AWWA#B-200 Standards, 8,100 TON as specified herein. $ $ All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Acknowledge Qualification of Bidders information is included, per Term #10? YES/INITIAL Acknowledge Criminal History Records Check requirement, per Term #11? YES/INITIAL Acknowledge Insurance requirements, per Term #21? YES/INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7., if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of the County, provide a copy of the Joint Venture Agreement signed by all parties. Commercial Non-Discrimination Certification: By signing below, bidder hereby certifies, per General Term and Condition#3n. that: (i)the information set forth therein is true and correct to the best of the bidder's knowledge; and (ii) there are no legal/administrative proceedings required to be disclosed, except as disclosed in bidder's response. COMPANY NAME: (Enter the entire legal company name of the bidding entity) DATE: PRINT NAME: PRINT TITLE: * SIGNATURE: ADDRESS: CITY/ STATE: ZIP CODE: TELEPHONE# EMERGENCY# TOLL FREE # FAX# E-MAIL: APPLICABLE LICENSE(S) NUMBER# TYPE: FEDERAL ID# Page 16 QUALIFICATIONS OF BIDDERS REFERENCES FOR IFB #22-090R/MB Bidder shall list references in accordance with the requirements set forth in the Qualifications of Bidders. REFERENCE NAME: ADDRESS: This contact must be informed that they are CONTACT NAME: listed as a reference, and the County may be calling them. Phone: Cell: CONTACT INFORMATION: Fax: E-Mail: SCOPE OF WORK: CONTRACT DATES: REFERENCE NAME: ADDRESS: This contact must be informed that they are CONTACT NAME: listed as a reference, and the County may be calling them. Phone: Cell: CONTACT INFORMATION: Fax: E-Mail: SCOPE OF WORK: CONTRACT DATES: REFERENCE NAME: ADDRESS: This contact must be informed that they are CONTACT NAME: listed as a reference, and the County may be calling them. Phone: Cell: CONTACT INFORMATION: Fax: E-Mail: SCOPE OF WORK: CONTRACT DATES: FIRM NAME: Page 17 CERTIFICATION OF BUSINESS LOCATION IFB #22-090R/MB In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) bidders having a permanent place of business in Palm Beach County ("County") or (2) bidders having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, bidders must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the bidder to provide the goods/services being solicited by the County, and will be used to verify that the bidder had a permanent place of business prior to the issuance of the solicitation. The bidder must submit this Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference. In instances where the bidder is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidder must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said bidders for additional information related to this requirement after the bid due date. Bidder is a: Local Business: A local business has a permanent place of business in Palm Beach County. (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. II. The attached copy of bidder's County Business Tax Receipt verifies bidder's permanent place of business. THIS CERTIFICATION is submitted by , as (Name of Individual) , of (Title/Position) (Firm Name of Bidder) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 18 DRUG-FREE WORKPLACE CERTIFICATION IFB #22-090R/MB IDENTICAL TIE BIDS - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2- 80.21 thru 2-80.34. In the event tie bids are received from vendors who have not submitted with their bids a completed Drug-Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids. This Drug-Free Workplace Certification form must be executed and returned with the attached bid, and received on or before the published bid submission deadline to be considered. The failure to execute and/or return this certification shall not cause any bid to be deemed non-responsive. Whenever two (2) or more bids which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). (4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by the (Individual's Name) of (Title/Position with CompanyNendor) (Name of CompanyNendor) who does hereby certify that said CompanyNendor has implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. Signature Date Revised-11/10/16 Page 19 OEBO SCHEDULE 1 LIST OF PROPOSED CONTRACTOR/CONSULTANT AND SUBCONTRACTOR/SUBCONSULTANT PARTICIPATION SOLICITATION/PROJECT/BID NAME: SOLICITATION/PROJECT/BID No.: NAME OF PRIME RESPONDENT/BIDDER: ADDRESS: CONTACT PERSON: PHONE NO.: E-MAIL: SOLICITATION OPENING/SUBMITTAL DATE: DEPARTMENT: PLEASE LIST THE DOLLAR AMOUNT OR PERCENTAGE OF WORK TO BE COMPLETED BY THE RIME CONTRACTOR/CONSULTANT ON THIS PROJECT. PLEASE ALSO LIST THE DOLLAR AMOUNT OR PERCENTAGE OF WORK TO BE COMPLETED BY ALL SUBCONTRACTORS/SUBCONSULTANTS ON THE PROJECT. (Check all Applicable Categories) Non-SBE M/WBE SBE DOLLAR AMOUNT OR PERCENTAGE OF WORK Minority/Women Small Name,Address and Phone Number Business Business Black Hispanic Women Caucasian Other (Please Specify) 1. 2 3. 4. 5. (Please use additional sheets if necessary) Total Total Bid Price$ Total SBE-M/WBE Participation I hereby certify that the above information is accurate to the best of my knowledge: Signature Title Note: 1. The amount listed on this form for a Subcontractor/Subconsultant must be supported by price or percentage listed on the properly executed Schedule 2 or attached signed proposal. 2. Firms may be certified by Palm Beach County as an SBE and/or an M/WBE. If firms are certified as both an SBE and/or M/WBE,please indicate the dollar amount under the appropriate category. 3. Modification of this form is not permitted and will be rejected upon submittal. Revised 02/28/2019 rage zu OEBO LETTER OF INTENT—SCHEDULE 2 A completed Schedule 2 is a binding document between the Prime Contractor/consultant and a Subcontractor/subconsultant (for any tier)and should be treated as such. The Schedule 2 shall contain bolded language indicating that by signing the Schedule 2, both parties recognize this Schedule as a binding document. All Subcontractors/Subconsultants, including any tiered Subcontractors/subconsultants, must properly execute this document. Each properly executed Schedule 2 must be submitted with the bid/proposal. SOLICITATION/PROJECT NUMBER: SOLICITATION/PROJECT NAME: Name of Prime: (Check box(es)that aoolvl SBE WBE ❑MBE ❑ M/WBE Non-S/M/WBE Date of Palm Beach County Certification (if applicable): The undersigned affirms they are the following(select one from each column if applicable): Column 1 Column 2 Column 3 Male Female ❑African-American/Black Asian American Caucasian American Supplier ❑Hispanic American Native American S/M/WBE PARTICIPATION—S/M/WBE Primes must document all work to be performed by their own work force on this form. Failure to submit a properly executed Schedule 2 for any S/M/WBE participation may result in that participation not being counted. Specify in detail,the scope of work to be performed or items supplied with the dollar amount and/or percentage for each work item. S/M/WBE credit will only be given for the areas in which the S/M/WBE is certified. A detailed proposal may be attached to a properly executed Schedule 2. Line Item Description Unit Price Quantity/ Contingencies/ Total Price/Percentage Item Units Allowances The undersigned Subcontractor/subconsultant is prepared to self-perform the above-described work in conjunction with the aforementioned project at the following total price or percentage: If the undersigned intends to subcontract any portion of this work to another Subcontractor/subconsultant,please list the business name and the amount below accompanied by a separate properly executed Schedule 2. Price or Percentage: Name of 2nd/3'd tier Subcontractor/subconsultant Print Name of Prime Print Name of Subcontractor/subconsultant By: By: Authorized Signature Authorized Signature Print Name Print Name Title Title Date: Date: 09/17/28/2019 Page 21 OEBO SCHEDULE 3 SUBCONTRACTOR ACTIVITY FORM SUBCONTRACTOR ACTIVITY FOR MONTH ENDING PROJECT# PROJECT NAME PRIME CONTRACTOR NAME PROJECT SUPERVISOR Schedule 3 is used to show the monthly payment activity for work performed by each Subcontractor on the project and in conformity with the Subcontractor(s) submitted on Schedule 2. It also shows approved change orders as they impact all Subcontractors. Schedule 3 is to be submitted by the Prime Contractor with each payment request to Palm Beach County. In the Subcontracting Information section, list the name(s) of each Subcontractor, including each S/M/WBE subcontractor on the project and the total contracted amount for each Subcontractor on the project. As the project proceeds, please complete each column under the Subcontractor Information section. If a subcontractor is an S/M/WBE, please check the appropriate categories applicable. SUBCONTRACTING INFORMATION I Subcontractor Category (check all applicable) Name of Total Approved Revised Amount Amount Amount Paid Actual Minority/ Small Black Hispanic Women Caucasian Other Subcontractor(s) Contract Change Contract drawn for drawn for to Date for Starting Date Women Business (Please Amount Orders Amount Sub this Sub to Date Subcontractor Business Specify) Period (1) (J) (J) (�) (i) (\/) (11) I hereby certify that the above information is accurate to the best of my knowledge (Signature) (Title) Additional Sheets May Be Used As Necessary NOTE: Firms may be certified as an SBE and/or an M/WBE. If firms are certified as both an SBE and M/WBE, the dollar amount will not be counted twice. Revised 02/28/2019 Page 22 OEBO SCHEDULE 4—SUBCONTRACTOR/SUBCONSULTANT PAYMENT CERTIFICATION A properly executed Schedule 4 shall be submitted for each Subcontractor/subconsultant after receipt of payment from the Prime.The Prime shall submit this form with each payment application or invoice submitted to the County when the COUNTY has paid the Prime on the previous payment application for services provided by a Subcontractor/subconsultant.All named Subcontractors/subconsultants on this form must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime is an S/M/WBE, completion of a Schedule 4 is also required to document all portions of work performed by their work force. A completed release of lien form can be submitted in lieu of a Schedule 4. This is to certify that received a (Subcontractor/subconsultant Name) (Monthly)or(Final) payment of$ from (Prime Contractor Name) On / / for my Invoice for labor and/or materials supplied MM DD YYYY Month On / (Project Name) (Project No.) DEPT.: TASK ORDER/WORK ORDER/DELIVERY ORDER/PURCHASE ORDER/NO.: PRIME CONTRACTOR/CONSULTANT VENDOR CODE: SUBCONTRACTOR/SUBCONSULTANT VENDOR CODE: If the undersigned intends to distribute any portion of this payment to another Subcontractor/subconsultant, please list the business name and the amount below accompanied by a separate properly executed Schedule 4. Price or Percentage: Name of 2"d/3'd tier Subcontractor/subconsultant By: (Signature of Subcontractor/subconsultant) (Name&Title of Person executing on behalf of Subcontractor/subconsultant) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of E physical presence or❑online notarization,this day of , (year), by (name of person acknowledging). Notary Public,State of Florida Print,Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Revised 12/31/2019 User ID Password Need an Account? PALM BEACH COUNTY I �aJ3 Discover the Palm Beaches... Sign Up \Nitio./ the best of everything Forgot Password? Solicitation View Page (IFB) Print Solicitation - Back Document ID: IFB-680-22-090R/MB-1 I Time Left:Expired General Information Commodity Lines Attachments Additional Information Events Buyer Information Buyer Name Buyer Email Marva Brown mbrown@pbcgov.org Buyer Phone Buyer Fax 561-616-6815 561-242-6715 Important Dates Issue Date Closing Date 08/10/2022 09/15/2022 04:00 PM EDT Bid Opening Date Last Amended Department Information Category Type Invitation for Bids Document Department Status 680 Closed Description SODIUM CHLORIDE,SOLAR SALT QUALITY,PURCHASE AND DELIVERY 0