Board of County Commissioners Addie L. Greene, Chairman Jeff Coons, Vice Chair Karen T. Marcus Robert J.

Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria

County Administrator Robert Weisman

Purchasing Department www.pbcgov.com/pur

BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION 08-120/AR REQUEST FOR PRE-QUALIFICATION OF VENDORS FOR JOINT SEALING/CAULKING SERVICES ON AN AS NEEDED BASIS
SUBMISSION DATE: September 18, 2008 AT 2:00 P.M. It is the responsibility of the respondent(s) to insure that all pages are included. Therefore, all respondent(s) 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 (561) 616-6800. It is requested that all documents be submitted in triplicate, one original and two copies. RESPONDENT(S) SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIGNED IN INK 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 Request for Pre-Qualification. Call Bid Hotline number 795-8080 (from Palm Beach County), 425-7420 (from Broward County), or 655-4527 (from Dade County) or tune in to the Education and Government Television Cable Channel for a list of additional advertised "Invitations for Bid" and "Requests for Proposal". The Bid Hotline also provides updates on posted award recommendations. This same information, to include posted award information, is available on our web site www.pbcgov.com/pur. Protests can be accepted only during the five (5) business day posting period.

CAUTION
Amendments to this Request for Pre-Qualification will be automatically sent only to those vendors who received this document directly from Palm Beach County Purchasing Department. Palm Beach County shall not be responsible for the completeness of any Request for Pre-Qualification package not purchased directly from Palm Beach County Purchasing Department.

In accordance with the provisions of ADA, this document may be requested in an alternate format.
50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616-6800 FAX: (561) 616-6811

Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County

Request for Pre-Qualification

REQUEST #::08-120/AR TITLE: PRE-QUALIFICATION OF VENDORS FOR JOINT SEALING/CAULKING SERVICES ON AN AS NEEDED BASIS PURCHASING DEPT. CONTACT: AMANDA RAY, SENIOR BUYER FAX NO.: 242-6731 EMAIL ADDRESS: aray@co.palm-beach.fl.us TELEPHONE NO.: 561-616-6831

All Responses will be received on or after September 18, 2008 and will continue indefinitely or re-advertised at the County's sole and absolute discretion. SUBMIT QUALIFICATIONS TO: PALM BEACH COUNTY PURCHASING DEPARTMENT, ATTN.: AMANDA RAY, SENIOR BUYER, 50 S. MILITARY TRAIL, SUITE #110, WEST PALM BEACH, FL 33415.

This Request for Pre-Qualification, General Conditions, Instructions to Respondent(s), Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this Request for Pre-Qualification solicitation and response thereto, and by reference are made a part thereof. The selected awardee(s) shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the sole purpose and intent of this Request for Pre-Qualifications to select a sufficient number of Qualified Contractor(s) to provide the County with item(s) and/or services as listed herein. The Pre-Qualified Contractor(s) selected are hereby placed on notice that acceptance of its Request for Pre-Qualification by Palm Beach County shall constitute a binding contract.

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS

1. GENERAL INFORMATION Respondent(s) are advised that this package constitutes the complete set of specifications, terms, and conditions which in addition to the recommended quotation, based on a project by project basis, forms the binding contract between Palm Beach County and the successful Pre-Qualified Contractor(s). Changes to this Request for Pre-Qualification may be made only by written amendment issued by the County Purchasing Department. Respondent(s) are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response and, if required, will be provided to all prospective respondent(s), prior to opening. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Respondent(s) certifies that this Request for Pre-Qualification is made without reliance on any oral representations made by the County. The obligations of Palm Beach County under this award are subject to the availability of funds lawfully appropriated for its purpose. 2. LEGAL REQUIREMENTS a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Respondent(s) shall in no way be a cause for relief from responsibility. The successful Pre-Qualified Contractor(s) shall strictly comply with Federal, State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Respondent(s) certifies that all products (materials, equipment, processes, or other items supplied in response to this Request for Pre-Qualification) contained in its Request for Pre-Qualification meets all ANSI, NFPA and all other Federal and State requirements. Respondent(s) further certifies that, if it is the successful Pre-Qualified Contractor(s), and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be borne by the Pre-Qualified Contractor(s). In compliance with Chapter 442, Florida Statutes, any toxic substance resulting from this Request for Pre-Qualification shall be accompanied by a properly completed Material Safety Data Sheet (MSDS). The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful Pre-Qualified Contractor(s) and Palm Beach County for any terms and conditions not specifically stated in the Request for Pre-Qualification. b. DISCRIMINATION PROHIBITED: Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. The successful Pre-Qualified Contractor(s) is prohibited from discriminating against any employee, applicant, or client because of race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful Pre-Qualified Contractor(s) is, and shall be, in the performance of all work, services, and activities under this Contract, an Independent Contractor and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the Pre-Qualified Contractors sole direction, supervision, and control. The Pre-Qualified Contractor(s) shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Pre-Qualified Contractors relationship, and the relationship of its employees, to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to Ordinance 2003-030, the Palm Beach County Criminal History Records Check Ordinance (Ordinance), the County shall conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees and subcontractors of vendors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be critical to the public safety and security of the County. County facilities

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that require this heightened level of security are identified in Resolution R-2003-1274, as may be amended. The successful Pre-Qualified Contractor(s) is solely responsible for understanding the financial, schedule, and staffing implications of this Ordinance. Further, the successful Pre-Qualified Contractor(s) acknowledges that its bid price includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County. k. e. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all bidders of the following: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact 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 from the date of being placed on the convicted vendor list." NON-COLLUSION: Respondent(s) certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other act incident to doing business with Palm Beach County may result in permanent debarment. No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, removal from the vendor bid list(s), and/or debarment or suspension from doing business with Palm Beach County. g. LOBBYING: Respondent(s) are advised that the Palm Beach County Lobbyist Registration Ordinance prohibits a respondent or anyone representing the respondent from communicating with any County Commissioner, County Commissioners staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its Request for Pre-Qualification, i.e., a Cone of Silence. The Cone of Silence is in effect from the date/time of the deadline for submission of the Request for Pre-Qualification, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on their behalf, awards or approves a contract, rejects all Request for Pre-Qualifications, or otherwise takes action which ends the solicitation process. Respondent(s) may, however, contact any County Commissioner, County Commissioners staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication 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. h. CONFLICT OF INTEREST: All respondent(s) shall disclose with their Request for Pre-Qualification the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, all respondent(s) shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent or more in the successful Pre-Qualified Contractor(s) firm or any of its branches. SUCCESSORS AND ASSIGNS: The County and the successful PreQualified Contractor(s) each binds itself and its successors and assigns to the other party in respect to all provisions of this Contract. Neither the County nor the successful Pre-Qualified Contractor(s) shall assign, sublet, convey or transfer its interest in this Contract without the prior written consent of the other. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful Pre-Qualified Contractor(s) shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and/or causes of action which may arise from any negligent act or omission of the successful Pre-Qualified Contractor(s), its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these Request for PreQualification documents and/or resultant contract. PUBLIC RECORDS: Any material submitted in response to this Request for Pre-Qualification is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding respondent(s) might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, F.S. INCORPORATION, PRECEDENCE, JURISDICTION: This Request for Pre-Qualification shall be included and incorporated in the final award. The order of contractual precedence shall be the Request for Pre-Qualification document (original terms and conditions), Request for Pre-Qualification response, the recommended quotation, based on a project by project basis, and purchase order or term contract order. Any and all legal action necessary to enforce the award or the resultant contract shall be held in Palm Beach County and the contractual obligations shall be interpreted according to the laws of Florida. LEGAL EXPENSES: The County shall not be liable to a respondent for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of this contract, or from any other matter generated by or relating to this contract.

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3. REQUEST FOR PRE-QUALIFICATION SUBMISSION a. SUBMISSION OF RESPONSES: All Request for Pre-Qualification responses must be submitted on the provided Request for PreQualification "Response" Form. Request for Pre-Qualification responses on vendor letterhead/quotation forms shall not be accepted. Responses must be typewritten or written in ink, and must be signed in ink by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE REQUEST FOR PREQUALIFICATION RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE REQUEST FOR PREQUALIFICATION. Request for Pre-Qualification responses are to be submitted to the Palm Beach County Purchasing Department on or after the time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container, which should have the enclosed address label affixed and bearing the Request for PreQualification number. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise directed in sub-paragraph d. (Local Preference) or the Special Conditions of this Request for Pre-Qualification, respondent should include with its Request for Pre-Qualification a copy of all applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the respondent(s) shown on the Request for Pre-Qualification response page. It shall also be the responsibility of the successful Pre-Qualified Contractor(s) to submit, prior to commencement of work, a current Occupational License for Palm Beach County and all permits required to complete this contractual service at no additional cost to Palm Beach County. A Palm Beach County Occupational license is required unless specifically exempted by law. In lieu of a Palm Beach County occupational license, the respondent(s) should include the current occupational license issued to the respondent(s) in the response. It is the responsibility of the successful Pre-Qualified Contractor(s) to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default of contract. SMALL BUSINESS ENTERPRISE, PALM BEACH COUNTY CODE, CHAPTER 2, ARTICLE III, SECTION 2-80.21 THROUGH 2-80.34 Item 1 Policy

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It is the policy of the Board of County Commissioners of Palm Beach County that SBEs shall have the maximum practical opportunity to participate in the competitive process of supplying goods and services to the County (Palm Beach County Code, Chapter 2, Article III, Sections 2-71 thru 2-80.13). This Request for Pre-Qualification is subject to the bid preference system to maximize SBE participation on an as needed project by project basis. NOTE: Individual projects shall not exceed $49,999. Item 2 - Contract Award Criteria The contract award procedure for this solicitation will be under the bid preference system to maximize SBE participation. The bid preference system as provided for in Palm Beach County Code, Chapter 2, Article III, Sections 2-71 thru 2-80.13 requires the award to be made to the Pre-Qualified Contractor who is the lowest responsive bidder unless a certified Pre-Qualified Contractor is a SBE and is within 10% of the lowest non-SBE bid, then the award shall be made to the certified SBE Pre-Qualified Contractor. Only firms who are certified SBE, shall be eligible to receive bid preference. Item 3 Certification The County will count toward the established SBE project goals only those firms that are certified by Palm Beach County or whose certification by another jurisdiction has been accepted by Palm Beach County prior to the time of each Project opening in accordance with SBE Palm Beach County Code, Chapter 2, Article III, Sections 2-71 thru 2-80.13. Contact the SBE Coordinator in the Office of Small Business Assistance Department (561) 616-6840 for information or assistance. Decertification As part of the consideration for bid preference system, any Contractor(s) decertified by Palm Beach County will be ineligible to receive bid preference. d. e. INTENTIONALLY LEFT BLANK: DRUG FREE WORKPLACE CERTIFICATION: In compliance with Florida Statute (Section 287.087) attached form "Drug-Free Workplace Certification" should be fully executed and submitted with Request for Pre-Qualifications response in order to be considered for a preference whenever two (2) or more bids which are equal with respect to price, quality, and service are received by Palm Beach County. CONDITIONED OFFERS: Respondent(s) are cautioned that any condition, qualification, provision, or comment in their Request for PreQualification, or in other correspondence transmitted with their Request for Pre-Qualification, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their Request for Pre-Qualification as non-responsive. NOTE: This includes quotations provided on individual projects. g. PROJECT PRICING FOR PRE-QUALIFIED RESPONDENTS: (1) Prices offered from Pre-Qualified Contractor(s) on an "as needed basis" must be the price for new merchandise and free from defect. Unless specifically requested in the specifications, any quotes containing modifying or escalation clauses shall be rejected. The successful Pre-Qualified Contractor(s) shall provide for a turnkey service as stated in the Specification/Scope of Work attached hereto and incorporated herein. The omission of any essential detail from these Specifications/Scope of Work does not relieve the PreQualified Contractor(s) from completing each Project in its entirety. No additional compensation shall be allowed Palm Beach County reserves the right to reject any offer or bid if the prices are materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is reason to believe that the offer would not result in the lowest overall cost to the County, even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some bid line items and significantly greater than fair market price for other bid line items. Fair market price shall be determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place. The determination of whether a particular offer or bid is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination. j. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract. INTENTIONALLY LEFT BLANK: PERFORMANCE DURING EMERGENCY: By submitting a Request for Pre-Qualification, respondent(s) agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, Palm Beach County shall be given first priority for all goods and services under this contract. Respondent(s) agrees to provide all h. beyond the price provided on the quotation as submitted for each Project. (3) Pre-Qualified Contractor(s) warrants by virtue of bidding (on an as need basis) that prices shall remain firm for a period of ten (10) days from the date of each quotation submittal or other time stated in special conditions. In the event of mathematical error(s), the unit price shall prevail and the Contractor(s) total offer shall be corrected accordingly. QUOTATIONS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE PRE-QUALIFIED CONTRACTOR(S) PRIOR TO QUOTATION SUBMITTAL. IF THE CORRECTION IS NOT PROPERLY INITIALED, OR IF THE INTENT OR LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE QUOTATION SHALL BE REJECTED. Respondents may offer a cash discount for prompt payment. However, such discounts shall not be considered in determining the lowest net cost for evaluation purposes unless otherwise specified in the special conditions. Respondents should reflect any discounts to be considered in the unit prices offered.

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ACCEPTANCE/REJECTION OF REQUEST FOR PREQUALIFICATIONS: Palm Beach County reserves the right to accept or to reject any or all Request for Pre-Qualifications. Palm Beach County also reserves the right to (1) waive any non-substantive irregularities and technicalities; (2) reject the Request for PreQualification of any respondent who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by the County or other governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders in order to make a determination as to its ability to perform.

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goods and services to Palm Beach County throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Respondent(s) shall furnish a 24-hour phone number to the County in the event of such an emergency. Failure to provide the stated priority/preference during an emergency/disaster shall constitute breach of contract and make the Pre-Qualified Contractor(s) subject to sanctions from further business with the County. 4. REQUEST FOR PRE-QUALIFICATION SUBMISSIONS a. OBSERVING THE PUBLISHED REQUEST FOR PREQUALIFICATION SUBMISSION TIME: The published Request for Pre-Qualification submission time shall be observed for the initial Pre-Qualification of Contractor(s). It is the sole responsibility of the respondent(s) to ensure that their Request for Pre-Qualification arrives in the Purchasing Department prior to the published Request for PreQualification submission time. Request for Pre-Qualification responses by telephone, telegram, or facsimile shall not be accepted. Respondent(s) shall not be allowed to modify their Request for PreQualifications after the published Request for Pre-Qualification submission time. NOTE: New respondent(s) may submit their Request for PreQualification at any time after the initial submission time in order to be evaluated by the Purchasing Department and added to the "PreQualified" list of Contractors. Respondent(s) are cautioned that any submittals received after the initial requested time will be evaluated, but, could take up to thirty (30) days to do so. b. POSTING OF RECOMMENDATION FOR PRE-QUALIFIED CONTRACTORS: Recommended Pre-Qualified Contractor(s) shall be publicly posted for review, at the Purchasing Department prior to final approval, and shall remain posted for a period of five (5) business days. Respondent(s) desiring a copy of the initial Request for PreQualification posting summary may request same by enclosing a selfaddressed, stamped envelope with their Request for Pre-Qualification. (NOTE: As a service to respondent(s), the County provides an unofficial list of award postings on our web site at www.pbcgov.com/pur and on our bid hot-line, telephone 561-7958080. These listings are updated weekly, normally on Friday. If any discrepancy between these listings and the official posting in the Purchasing Department, the latter shall prevail.) PROTEST PROCEDURE: Protest procedures are provided in the Palm Beach County Purchasing Code. Protests must be submitted in writing, addressed to the Director of Purchasing, via hand delivery, mail or fax to 561/242-6705. Protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within five (5) business days of the posting date of the recommended Pre-Qualified Contractor(s). The protest is considered filed when it is received by the Purchasing Department. Failure to file a protest as outlined in the Palm Beach County Purchasing Code shall constitute a waiver of proceedings under the referenced County Code. b. FEDERAL AND STATE TAX: Palm Beach County is exempt from Federal and State taxes. The authorized agent for Purchasing shall provide an exemption certificate to the successful Pre-Qualified Contractor(s), upon request. Successful Pre-Qualified Contractor(s) are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are successful PreQualified Contractor(s) authorized to use the County's Tax Exemption Number in securing such materials. Payment shall be made by the County after PAYMENT: commodities/services have been received, accepted and properly invoiced as indicated in the contract and/or order. Invoices must bear the order number. The Florida Prompt Payment Act is applicable to this solicitation. CHANGES: The Director of Purchasing, Palm Beach County, by written notification to the successful Pre-Qualified Contractor(s) may make minor changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services. Typical minor changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract. The successful Pre-Qualified Contractor(s) shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners. DEFAULT: The County may, by written notice of default to the successful Pre-Qualified Contractor(s), terminate the contract in whole or in part if the successful Pre-Qualified Contractor(s) fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, and does not remedy such failure within a period of 10 days (or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates this contract in whole or in part because of default of the successful Pre-Qualified Contractor(s), the County may procure goods and/or services similar to those terminated, and the successful Pre-Qualified Contractor(s) shall be liable for any excess costs incurred due to this action. If it is determined that the successful Pre-Qualified Contractor(s) was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the successful Pre-Qualified Contractor(s)), the rights and obligations of the parties shall be those provided in Section 5.f, "Termination for Convenience." f. TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract/pre-qualification process, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the successful PreQualified Contractor(s), specifying the portions of the contract to be terminated and when the termination becomes effective. If only portions of the contract are terminated, the successful Pre-Qualified Contractor(s) has the right to withdraw, without adverse action, from the entire contract. Unless directed differently in the notice of termination, the successful Pre-Qualified Contractor(s) shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful Pre-Qualified Contractor(s) shall terminate outstanding orders and/or subcontracts related to the terminated work. THIS IS THE END OF "GENERAL CONDITIONS."

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5. CONTRACT ADMINISTRATION a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this Request for Pre-Qualification are to be made during the normal working hours of the County. Time is of the essence and delivery dates must be met. Should the successful Pre-Qualified Contractor(s) fail to deliver on or before the stated dates, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The successful Pre-Qualified Contractor(s) shall be responsible for making any and all claims against carriers for missing or damaged items. Delivered items shall not be considered "accepted" until an authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The Board of County Commissioners may return, at the expense of the successful Pre-Qualified Contractor(s) and for full credit, any item(s) received which fail to meet the County's specifications or performance standards.

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SPECIAL CONDITIONS
6. GENERAL/SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 7. PRE-QUALIFICATION

All contractors/vendors who are in the "Joint Sealing/Caulking Services" business and meet the terms and conditions of this solicitation are eligible, at any time, to be pre-qualified for their ability to perform contracts in accordance with this solicitation. Contractors/Vendors who have been pre-qualified and no longer want to be solicited may request, in writing, that their company be removed from the qualified vendor list. Request shall be submitted to Amanda Ray, Senior Buyer, Purchasing Department, 50 S. Military Trail, Suite 110, West Palm Beach, FL 33415. Palm Beach County reserves the right at its sole and absolute discretion to add qualified contractors/vendors at anytime. All contractors/vendors interested in pre-qualifying shall have an established business with sufficient personnel and expertise in the "Joint Sealing/Caulking Services" business to meet the requirements of this solicitation. 8. INSPECTION OF FACILITIES (MANDATORY)

Pre-Qualified Contractor(s) shall visually inspect each facility site where each Project is to be performed. The requesting department shall send each Pre-Qualified Contractor(s) a notice of the Project with the location and time of the site inspection and allow enough time to make arrangement to attend. The requesting department shall provide a specific scope of work with attached specifications of the work that shall be expected for said project. THE PRE-QUALIFIED CONTRACTORS FAILURE TO VISUALLY INSPECT THE FACILITIES SHALL RESULT IN THE PRE-QUALIFIED CONTRACTORS NOT BEING ELIGIBLE FOR CONSIDERATION OF AWARD OF THAT PROJECT. Pre-Qualified Contractors are advised to make a thorough inspection of the extent of work. After the Project has been awarded, no extra charge or compensation will be allowed unless by reason of unforeseeable causes beyond his control and without fault or negligence, including, but not restricted to, Acts of God. Said change must be approved, in writing, by the Director of Purchasing. Pre-Qualified Contractor(s) are reminded that statements and information provided at ALL meetings/inspections are not binding unless issued in writing as an amendment to the Project. All Pre-Qualified Contractor(s) shall sign an attendance sheet. The attendance sheet will be collected after stated start time, local time. Those arriving after the attendance sheet has been collected shall be considered as not in attendance for purposes of the mandatory inspection of facilities and not allowed to submit a quote for that Project. 9. QUALIFICATION OF CONTRACTOR(S) / VENDORS

Only responsive and responsible contractors/vendors, qualified to provide the goods and/or service specified herein shall be considered for inclusion to the pre-qualified list. The contractors/vendors may be asked to provide sufficient evidence 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 contractors/vendors should submit the following information with their Request for Pre-Qualification response; however, if not included, it shall be the responsibility of the contractors/vendors to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of contractors/vendors to provide the required information within the specified time frame is considered sufficient cause for rejection of their Request for Pre-Qualification. NOTE: INFORMATION SUBMITTED WITH A PREVIOUS BID/QUALIFICATION 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, telephone numbers and dates of service. A contact person shall be someone who has personal knowledge of the contractors 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 will be unable to answer specific questions regarding the requirement. NOTE: In listing references Palm Beach County can be listed only once within the past three (3) years.

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B. C.

Provide a list of all equipment that will be available/used to complete the work as outlined in the scope of work. List the name of all personnel who will be available to conduct a site inspection including, name, title, phone number, cell phone number, and fax number if applicable.

10. CRIMINAL HISTORY RECORDS CHECK This solicitation includes sites and/or buildings which have been designated as critical facilities pursuant to Ordinance 2003030 and Resolution R-2003-1274, as may be amended. Therefore, prior to the award of any contract, the recommended awardee(s) must comply with all the requirements of this solicitation, i.e. Criminal History Records Check Ordinance. County staff representing the user Department will contact the recommended awardee(s) and provide additional instructions for meeting the requirements of this Ordinance. A contract shall not be awarded unless the recommended awardee meets the requirements established by the Electronic Services and Security Division of the Facilities Development and Operations Department. 11. DETERMINATION/AWARD All responsive, responsible contractors who meet the minimum qualifications will be authorized to submit quotes in accordance with Term and Condition #13, Method of Ordering, and if awarded, provide the required goods and services. The ordering department will be responsible for evaluating the quotations, applying the SBE preference, if applicable, and awarding the project. 12. TERM The terms and conditions of this solicitation shall remain in full force and effect and shall apply to all orders placed for all specified "Painting Services" for Palm Beach County. It shall continue indefinitely and re-qualifying and/or termination shall be at the sole discretion of Palm Beach County. 13. METHOD OF ORDERING (TERM CONTRACT) A letter, noting a term of twelve (12) months or until the estimated funding is expended, at the discretion of the County, will be sent to all Pre-Qualified Contractors. The County will notify all Pre-Qualified Contractor(s) of each Project on an "as needed basis". All terms and conditions of this solicitation are applicable. Determination of specifications for each Project will be made by the ordering County department. The ordering department will notify ALL the Pre-Qualified Contractors to present a written quote. Each Project shall be awarded to the Contractor offering the lowest fixed price, subject to the SBE provisions of term # 3.c. Any Project that is equal to or greater than the Mandatory Bid Dollar amount (as stated below) shall be subject to Palm Beach County Ordinance 2005-062. The "Mandatory Bid Amount" is the threshold dollar amount established as policy by the Board of County Commissioners at and above which a formal competitive sealed bid process must be used. Presently the mandatory bid amount for any Project is fifty thousand dollars ($50,000.00). Any Project that exceeds the mandatory bid amount shall be separately solicited via a formal competitive sealed bid process. 14. RENEWAL OPTION The successful Pre-Qualified Contractor(s) shall be Pre-Qualified indefinitely. of funds by the Board of County Commissioners. 15. ESTIMATED EXPENDITURES The anticipated funding during the initial 12 month period is $175,000. Palm Beach County reserves the right to increase or decrease the anticipated value as necessary to meet actual requirements, and to re-advertise for the contracted services at any time after the anticipated value of this contract has been reached, notwithstanding that the anticipated term has not been completed. Projects shall be subject to the appropriation

Page 8 16. TIME FOR COMPLETION / DELIVERY Contractor(s)/vendor(s) acknowledge(s) and agree(s) that the time of completion/delivery is an essential condition of this contract. By submitting a response, contractors/vendors, if awarded work, agrees to begin work at the specified time frames as stated in their quote, and to prosecute the work uninterrupted in such a manner, with sufficient labor, equipment and/or materials so as to ensure its completion within the agreed time frame based on the Countys issuance of a Notice to Proceed. 17. TIME LIMIT FOR RETURNING QUOTATIONS Pre-Qualified Contractors shall return their quotation no more than five (5) business days after the mandatory site inspection unless otherwise specified by the ordering department. Failure of the contractor(s) to submit the quotation within the required time specified will be considered a NO QUOTE and the Contractor(s) will not be eligible for consideration of award for that Project. In the best interest of Palm Beach County, the time limit requirement may be changed (in writing) in specific instances. Failure to respond to a requested Project quotation five (5) times consecutively may constitute a lack of interest and removal from the Pre-Qualification list unless requested in writing by Contractor to remain active or to be reinstated. 18. INSURANCE REQUIRED

It shall be the responsibility of the successful Pre-Qualified Contractors to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Purchasing Department, Attention Buyer, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successful Pre-Qualified Contractors shall provide this evidence to the County prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful Pre-Qualified Contractor(s) 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 Pre-Qualified Contractors 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 Pre-Qualified Contractors neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful Pre-Qualified Contractors to maintain only Hired & Non-Owned auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Workers Compensation and Employers Liability Insurance. Successful Pre-Qualified Contractors shall maintain Workers Compensation & Employers 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 Pre-Qualified Contractors 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 offer as non responsive. Except as to Business Auto, Workers Compensation and Employers 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. Further, said Certificate(s) shall endeavor to provide ten (10) days written notice to County prior to any adverse change, cancellation or non-renewal of coverage there under. It is the responsibility of the successful Pre-Qualified Contractors 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. Successful Pre-Qualified Contractors shall agree to provide the County with at least ten (10) days prior notice of any cancellation, non-renewal or material change to the insurance coverages. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Pre-Qualified Contractors shall agree that all insurance coverage required herein shall be provided by Pre-Qualified Contractors to County on a primary basis.

Page 9 19. WORK SITE SAFETY/SECURITY The successful Pre-Qualified Contractor(s) shall at all times guard against damage or loss to the property of Palm Beach County, the Contractor's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the successful Pre-Qualified Contractor(s) shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, successful Pre-Qualified Contractor(s) shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful Pre-Qualified Contractor(s) or their agents.

Page 10

SPECIFICATIONS FOR JOINT SEALING/CAULKING SERVICES ON AN AS NEEDED BASIS, PRE-QUALIFICATION OF VENDORS TERM CONTRACT 08-120/AR
PURPOSE AND INTENT The sole purpose and intent of this Request for Pre-Qualifications is to secure a listing of pre-qualified contractor(s) to requisition services for caulking, sealing and patching of substrates and joint systems to seal out rain/water, air, wind, vermin, heat and cold for buildings located throughout County Palm Beach County. SCOPE OF WORK Work shall include, but not be limited to, the following: Re-caulk windows and door perimeter joints; Re-caulk wall penetrations, expansion and construction joints; Re-caulk sun screen panels and building connections and expansion joints; Re-seal floor and ceiling penetrations and joints Work shall be done in a professional manner and meet the requirements of applicable Palm Beach County and local Municipal codes and standards. Work shall be performed in accordance with the latest adopted Florida Building Code. COUNTYS RESPONSIBILITIES The County shall review the quotes submitted by the contractors. No work shall start until written notification from the designated County representative has been issued to the successful bidder by issue of a Purchase Order. The County shall reserve the right to require the removal of any of the successful bidders employees from the project, if in the Countys judgment, such removal is necessary to protect the Countys interest. The County shall inspect the project upon completion of work, unless prior arrangements are made, with the successful bidder, to ensure that the work is acceptable. The County shall schedule service so as to maintain the efficient and safe working conditions of Palm Beach County personnel, buildings, and site operations. SUCCESSFUL BIDDERS RESPONSIBILITIES The successful bidder shall furnish at their expense all supervision, labor, equipment, material, tools, machinery, transportation and other facilities and services necessary to fully complete the project. The successful bidder shall coordinate all activities with the designated County representative. The successful bidders quote shall list the materials that are going to be used including the manufacturer and model/color number, estimate of hours and men for the project, necessary equipment to perform the project and estimated time of completion. The successful bidder shall complete all work to the satisfaction of the designated County representative. The successful bidder shall not use County dumpsters, trash bins, or other contracted services to dispose of the materials. The successful bidder shall arrange for a timely inspection of the completed project with the designated County representative. The successful bidder shall post all normal safety signs, necessary light, and temporary barriers around work areas, in accordance with OSHA requirements, while the work is in progress.

Page 11

The successful bidder shall provide vehicles licensed for use on public streets and licensed in the State of Florida. Vehicles shall have identification to include companys name and/or logo so that it is apparent as to the nature of business of the occupant of the vehicle. The successful bidders employees shall wear uniform shirts with identification name tags to include employees name, company name and/or logo. The successful bidder shall assume all responsibility to ensure that all primers, caulking, patching, sealants are mutually compatible and comprise a system approved by the joint sealant product manufacturer. Product shall be applicable and compatible with the surfaces to be prepared and treated. The successful bidder shall be approved by the Joint Sealant System Manufacturer for installation of the approved products. The successful bidder shall provide manufacturers catalog cuts, specification sheets, installation instructions, and general recommendation for each type of joint sealant system used. Procurement of materials shall not be made until the designated County representative has reviewed submittal and has approved. The successful bidder shall provide MSDS data sheets for all applicable products. The successful bidders equipment and application tools shall be in good and safe condition and suitable for the application for which it is being used. INDUSTRY STANDARDS A. Federal Specifications All products shall conform to the Federal and ASTM Specifications for the particular material in question as listed below. Substitutions cannot be made without the prior written approval from the designated County representative. MATERIAL FEDERAL SPECIFICATION

TURPENTINE..T-801C MINERAL SPIRITS.T-291F PUTTY..P-791A(1) POLYURETHANE SEALANT..S-00230C(2) URETHANE SEALANT.S-00230C(2) SILICONE SEALANTS-001543A ELASTOMERIC PAINTC-555B ELASTOMERIC PATCHING COMPOUND..C-555B

B.

Vertical-Plane/Faade Applications Backstop seal shall be preformed, precompressed, impregnated, self-expanding foam sealant. Foam shall be polyurethane foam, impregnated with water-based, stabilized, polymer-modified acrylic dispersion. Impregnation agent shall be non-migratory and have proven compatibility with commonly used wet sealants and coatings. In order to ensure water tightness, while ensuring that no bleeding of impregnation occurs, uncompressed impregnation density shall be at least 9 lb/ft3 (144kg/m3). Compression when expended in joint shall be approximately 25% of its uncompressed dimension (4x compression). Depth and width of seal as recommended by manufacturer (ASTM-D2240 D3574, C518, C711). Material shall be supplied in sticks or rolls, pre-compressed to less than nominal material size for ease of installation. Roll material shall contain a nylon mesh (to reduce stretching) embedded into a pressuresensitive adhesive on one side of the material. Stick material shall contain a pressure-sensitive adhesive on one face.

Page 12

C.

Joint sealant manufacturer shall be supplied with field measurements of depth and width of joint along with existing site conditions prior to ordering material. Suggested product manufacturers include EMSEAL and Sonneborn. Product manufacturer may be required to confirm product suitability based on site inspection by the manufacturers representative, if requested, by the ordering County department representative.

D.

PARTS AND MATERIALS A. B. All materials/parts used shall meet or exceed the current O.E.M. parts being replaced. Successful bidder shall use/apply only those materials that have been submitted to and approved by the designated County representative. No Lead Content There shall be no lead content in any materials applied to surfaces. No Mercury Content There shall be no mercury content in any materials applied to surfaces. Sealants used for crack repairs must be silicone or silyl-terminated polyether. Color must match existing surfaces. Product shall be approved by the designated County representative. Backstop material shall be resilient compressed preformed polyurethane foam. Backstop material shall be nonabsorbent, non-staining, and compatible with the sealant and primer used (i.e., EMSEAL Greyflex, Backer Seal, etc.) Product shall be approved by the designated County representative. Materials shall be kept at proper and uniform consistency. Applications and products used shall be made in strict conformance with the manufacturers joint sealing system instructions on the labels and products data sheets. All materials for application to surfaces shall be delivered to the site in their original containers with original labels. Only products that are compatible with the manufacturers specifications shall be used. Glazing materials is to be either metal sash putty or elastic glazing compound. Glazing gaskets are to match existing material in use at site. Use a liquid elastomeric sealant to close openings associated with the ends of the gaskets.

C.

D.

E.

F.

G. H.

I.

J. K. L.

Inspections:
1.

Upon completion of work as stated above, unless prior arrangements are made, a visual inspection shall be made by the Contractor and the Countys representative to ensure that the work is acceptable.

PAYMENT Payment will be made based on the price provided on the quote that was submitted to the County Representative prior to the start of the project. WORKING HOURS A. Normal Working Hours Contractors on-site exterior activities shall be typically limited to the weekday working hours of 7:30 A.M. to 5:00 P.M., except holidays.

Page 13

B.

Special Working Hours It is possible that arrangements can be made to accomplish on-site activities outside the hours established in the above paragraph. Such working hours would require the prior written approval of the applicable County department representative.

Page 14 PRE-QUALIFICATION RESPONSE PAGE REQUEST #08-120/AR ESTABLISH A LIST OF PRE-QUALIFIED CONTRACTORS FOR JOINT SEALING/CAULKING SERVICES ON AN AS NEEDED BASIS

The undersigned hereby applies for pre-qualification under this solicitation, and acknowledges and agrees to all the terms, conditions and specifications of this solicitation for any work performed (projects). NOTE: Palm Beach County makes no commitments nor guaranties whatsoever to any of the Pre-Qualified Contractor(s) with respect to a specific amount of work or compensation. YES INITIAL _____

Is Qualification of Contractor(s) included, per term and Condition #9?

Does respondent clearly understand that regardless of the amount of work, or lack thereof, generated from this prequalification, Insurance (term # 18) and all applicable licenses/certifications (term # 9.d) must be provided and remain current throughout the pre-qualification period? YES INITIAL _____ Does bidder clearly understand the Insurance requirement, per Term and Condition # 18? YES INITIAL _____

* PLEASE AFFIX SIGNATURE WHERE INDICATED

(FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR REQUEST FOR PRE-QUALIFICATION)
By signature on this document, respondent(s) acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the Countys Request for Pre-Qualification 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. FIRM NAME: (Enter the entire legal name of the responding entity) DATE:

PRINT NAME:

* SIGNATURE:
ADDRESS: CITY / STATE:

PRINT TITLE:

ZIP CODE:

TELEPHONE # ( TOLL FREE # ( APPLICABLE LICENSE(S) NUMBER # FEDERAL ID #

) )

E-MAIL: FAX #: ( )

TYPE:

Page 15

STATEMENT OF NO RESPONSE TO REQUEST FOR PRE-QUALIFICATION #08-120/AR

If you are not responding to this service/commodity, please complete and return this form to: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the County of Palm Beach.

COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE:

WE, the undersigned have declined to respond to your Request for Pre-Qualification No. because of the following reason(s): Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Request for Pre-Qualification We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below)

for
(Service/Commodity)

REMARKS:

DRUG-FREE WORKPLACE CERTIFICATION REQUEST FOR PRE-QUALIFICATION #08-120/AR

IDENTICAL TIE BIDS/PROPOSALS - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/proposals 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/proposals 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/proposal, and received on or before time of bid opening to be considered. The failure to execute and/or return this certification shall not cause any bid/proposal to be deemed non-responsive. Whenever two (2) or more bids/proposals 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/proposal 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. 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. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). In the statement specified in number (1), notify the employees that, as a condition of commodities or contractual services that are under bid, the employee will abide by the terms and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, Chapter 893, Florida Statutes, or of any controlled substance law of the United States or violation occurring in the workplace no later than five (5) days after such conviction. working on the of the statement any violation of any state, for a

(2)

(3)

(4)

(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. Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes.

(6)

THIS CERTIFICATION is submitted by (Individual's Name) Of (Title/Position with Company/Vendor) (Name of Company/Vendor)

the

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

Signature

Date