RFP No. 21-033-LI.pdf

Board of County Commissioners County Administrator

Dave Kerner, Mayor Verdenia C. Baker Robert S. Weinroth, Vice Mayor Maria G. Marino Greg K. Weiss Maria Sachs Melissa McKinlay Purchasing Department Mack Bernard www.pbcgov.com/purchasing

REQUEST FOR PROPOSAL

RFP NO. 21-033/LI

Palm Beach County Board of County Commissioners and Criminal Justice Commission are seeking Proposals for:

Criminal Justice Text Message Reminders

Date issued/available for distribution: February 10, 2021

Proposer shall submit one (1) unbound original, four (4) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal to be received in the Offices of the Purchasing Department no later than March 15, 2021, 4:00 p.m. local time. See Section 1.8 of the RFP for Mailing Instructions.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR THE RECEIPT OF PROPOSALS

AND THE RFP NUMBER.

C A U T I O N In order to do business with Palm Beach County vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. If proposer intends to use subcontractors, proposer must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until a contractor has verified that the contractor and all of its subcontractors are registered in VSS. As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our VSS system.

Palm Beach County shall not be responsible for the completeness of any Request for Proposal package not downloaded from our VSS system or obtained directly from Palm Beach County Purchasing Department.

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

REQUESTED IN AN ALTERNATE FORMAT

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

TABLE OF CONTENTS

SECTION PAGE

SECTION 1 GENERAL INFORMATION

1.1 ISSUING OFFICE

1.2 HISTORY AND BACKGROUND

1.3 OVERVIEW

1.4 PURPOSE OF THE PROJECT

1.5 PERIOD OF CONTRACT

1.6 QUALIFICATION OF RESPONDENTS

1.7 TIMETABLE

1.8 PROPOSAL SUBMISSION

1.9 CONTACT PERSON

1.10 CONE OF SILENCE

1.11 ADDITIONAL INFORMATION/AMENDMENT(S)

SECTION 2 GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

2.2 MODIFIED PROPOSALS

2.3 WITHDRAWAL OF PROPOSALS

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

2.5 RFP POSTPONEMENT/CANCELLATION

2.6 COSTS INCURRED BY PROPOSERS

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

2.8 NEGOTIATIONS

2.9 RIGHT TO PROTEST

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

AUDIT REQUIREMENTS

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

2.12 CRIMINAL HISTORY RECORDS CHECK

2.13 REVIEW OF PROPOSALS

2.14 EXCEPTIONS TO THE RFP

2.15 SELECTION PROCESS

2.16 EVALUATION CRITERIA

2.17 AWARD OF CONTRACT

2.18 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

2.19 COMMENCEMENT OF WORK

2.20 INSURANCE REQUIREMENTS

2.21 DRUG FREE WORKPLACE CERTIFICATION

2.22 AUTHORIZED SIGNATURE

ii

TABLE OF CONTENTS

(continued)

SECTION PAGE

SECTION 3 PROPOSAL REQUIREMENTS

3.1 EXPERIENCE / QUALIFICATION / BACKGROUND / REFERENCES

INFORMATION

3.2 PROJECT APPROACH / UNDERSTANDING INFORMATION

3.3 KEY PERSONNEL AND OPERATIONS INFORMATION

3.4 BUSINESS LOCATION / LOCAL PREFERENCE

3.5 PRICE PROPOSAL INFORMATION

3.6 BUSINESS INFORMATION

3.7 AMENDMENTS TO THE RFP

3.8 ADDITIONAL INFORMATION

SECTION 4 SCOPE OF WORK/SERVICES

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

SECTION 6 APPENDICES

APPENDIX A - PRICE PROPOSAL PAGES

APPENDIX B - BUSINESS INFORMATION

APPENDIX C - CERTIFICATION OF BUSINESS LOCATION

APPENDIX D - DRUG FREE WORKPLACE CERTIFICATION

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposal (RFP) is issued for the County of Palm Beach, hereinafter referred to as “County”, by the Purchasing Department for the benefit of the Criminal Justice Commission. The Purchasing Department is the SOLE point of contact concerning this RFP. All communications regarding this RFP must be done through the Purchasing Department. See Section 1.9, Contact Person.

1.2 HISTORY AND BACKGROUND

The John D. and Catherine T. MacArthur Foundation’s (the Foundation) Safety and Justice Challenge (SJC) is supporting jurisdictions across the country working to safely reduce over-reliance on jails, with a particular focus on addressing disproportionate impact on low-income individuals and communities of color. In October of 2017, the Criminal Justice Commission (CJC) was awarded a Two Million Dollar ($2,000,000.00) SJC grant from the Foundation. Palm Beach County, under the leadership of the CJC, was chosen as an implementation site in the SJC. An additional One Million Four Hundred Thousand Dollar ($1,400,000.00) in renewal funding was awarded in December of 2019 for the CJC to continue its work.

1.3 OVERVIEW

The goal of this competitive grant project is to reduce local jail populations without compromising public safety and to address racial and ethnic disparities within those populations. One of the strategies developed by the CJC to further the goals of the SJC is a court date reminder system utilizing the use of cell phone text messages. The specific goal of this strategy is to reduce the number of instances when defendants fail to appear for court hearings, and arrest warrants are issued. The pilot project text based court date reminder system has proven successful in reducing Failures to Appears (FTAs) for Public Defender clients who have signed forms consenting to receiving the text messages since its implementation in November of 2018. As of August 03, 2020, the pilot project has enrolled thirteen thousand one hundred ninety-seven (13,197) total clients and achieved a ninety-seven percent (97%) appearance rate. Historically, Public Defender client appearance rates have been ninety-two percent (92%).

There were fourteen thousand one hundred ninety-eight (14,198) felony and misdemeanor defendants enrolled in the text message program from its inception in November 2018 through November 01, 2020. These were for court hearings. We have not yet expanded the program for probation appointments. There were six thousand four hundred ninety-five (6,495) individuals on felony probation as of October 31, 2020. There were one thousand one hundred fifteen (1,115) individuals supervised by pretrial services as of November 30, 2020.

With the pilot project’s proven success, we are expanding to include probation as well as pretrial services text reminders for required appointments and court dates. The goal is to reduce technical violations of probation and supervised pretrial release, which are caused by individuals failing to report.

Data demonstrates that the largest group of defendants who fail to appear in court are those who receive Notices to Appear from law enforcement in lieu of custodial arrest. We are expanding the system to include these individuals by working with local law enforcement agencies, starting with the West Palm Beach Police Department.

1.4 PURPOSE OF THE PROJECT

Palm Beach County is seeking proposals from qualified contractors to provide a text based court date reminder system for the Criminal Justice Commission (CJC).

1.5 PERIOD OF CONTRACT

The proposed effective date of this Contract is May 14, 2021. The selected proposer(s) will provide services for a seven and a half (7.5) month period ending December 31, 2021.

Four (4) twelve (12) month renewal options offered by the County, at the County’s sole discretion, may be included.

1.6 QUALIFICATION OF RESPONDENTS

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

1.7 TIMETABLE

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

Activity Date Time Location

RFP available for 2/10/21 Purchasing Department Download from 50 S. Military Trail, Ste. 110 Purchasing Dept. VSS: W. P. B., FL 33415 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Deadline for receipt of 2/24/21 5:00 p.m. Purchasing Department questions or comments 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Deadline for receipt 3/15/21 4:00 p.m. Purchasing Department of proposals 50 S. Military Trail, Ste. 110

W. P. B., FL 33415

Selection Committee 3/31/21 9:00 a.m. Purchasing Department Meeting 50 S. Military Trail Room 1N-142 North/South

W.P.B., FL 33415

Oral Presentations/ 4/07/21 9:00 a.m. Purchasing Department Selection Committee 50 S. Military Trail Meeting (if conducted) Room 1N-142 North/South

W.P.B., FL 33415

Posting Date of Notice 4/13/21 Purchasing Department of Intent to Award 50 S. Military Trail, Ste. 110

W.P.B., FL 33415

www.pbcgov.com/purchasing

Award Date 5/14/21

Contract Start Date 5/14/21

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

County’s sole discretion.

1.8 PROPOSAL SUBMISSION

All proposals must be submitted on 8 ½” x 11” paper.

One (1) unbound original, four (4) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal must be received in the Purchasing Department by March 15, 2021, 4:00 p.m. local time. The original and all copies must be submitted in a sealed envelope or container. The proposer’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFP. The outer envelope or wrapper should be addressed as follows:

Proposer Name Address Phone No.

Palm Beach County Board of County Commissioners Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415 ATTENTION: Lisa Inkell, Senior Buyer RFP No. 21-033/LI

Title: Criminal Justice Text Message Reminders Due Date: March 15, 2021, 4:00 p.m. local time.

The Purchasing Department’s office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the County

Proposers are responsible for informing any commercial delivery services, if used, of all delivery requirements and for insuring that the required address information appears on the outer wrapper or envelope used by such service.

The Price Proposal Page(s) (Appendix A) must be signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of the proposer (“Authorized Person”).

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

1.9 CONTACT PERSON

The contact person for this RFP is Lisa Inkell, Senior Buyer, at (561) 616-6808, e-mail address linkell@pbcgov.org or fax number (561) 242-6708 in the Purchasing Department.

Proposers are advised that from the date of release of this RFP until award of the contract, NO contact with County staff and/or designated Selection Committee members concerning this RFP is permitted, except as authorized by the contact person designated herein.

1.10 CONE OF SILENCE

Proposers are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a proposer or anyone representing the proposer from communicating with any County Commissioner, County Commissioner’s staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this contract regarding its proposal, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date/time of the deadline for submission of the proposal, 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 proposals, or otherwise takes action which ends the solicitation process.

Proposers may, however, contact any County Commissioner, County Commissioner’s Staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this contract via written communication, i.e., fax, e-mail, or U.S.

Mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

1.11 ADDITIONAL INFORMATION/AMENDMENT(S)

Any questions, comments (i.e., additional information or clarifications) must be made, in writing via fax, e-mail or U.S. Mail, no later than the date specified and to the address listed in the RFP Timetable (Section 1.7) or fax number or e-mail address listed for the Contact Person (Section 1.9) above. The request must contain the proposer’s name, address, phone number, facsimile number and e-mail address.

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

Changes to this RFP, when deemed necessary by the County, will be completed only by written Amendment(s) issued prior to the Deadline for receipt of proposals. Proposers should not rely on any representations, statements or explanation other than those made in the RFP or in any Amendment to this RFP. Where there appears to be a conflict between the RFP and any Amendment issued, the last Amendment issued shall prevail.

As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the proposer to routinely check VSS for any Amendments that may have been issued prior to the Deadline for receipt of proposals. The County shall not be responsible for the completeness of any RFP package not downloaded from VSS or obtained directly from the Palm Beach County Purchasing Department.

It is the proposer’s sole responsibility to assure receipt of all Amendments. The proposer should verify with the designated Contact Person (see Section 1.9) prior to entering a proposal that all Amendments have been received. Proposers are required to acknowledge the receipt of all Amendments as part of their proposal.

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

Proposer guarantees their commitment, compliance, and adherence to all requirements of the RFP by submission of their proposal.

2.2 MODIFIED PROPOSALS

Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the Deadline for receipt of proposals. The County will only consider the latest proposal submitted.

2.3 WITHDRAWAL OF PROPOSALS

A proposal may be withdrawn only by written notification. Letters of withdrawal received after the Deadline for receipt of proposals will not be accepted unless the contract has been awarded to another vendor or no award has been made within ninety (90) days after the Deadline for receipt of proposals.

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

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

Proposals and/or modifications to proposals received after the Deadline for receipt of proposals specified in the RFP Timetable (Section 1.7) are late and shall not be considered.

2.5 RFP POSTPONEMENT / CANCELLATION

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

RFP.

2.6 COSTS INCURRED BY PROPOSERS

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

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

Any material submitted in response to this Request for Proposal is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding proposer might consider to be confidential. All submitted information that the responding proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential.

2.8 NEGOTIATIONS

The County may award a contract on the basis of initial proposals received, without discussions. Therefore, each submitted proposal should contain the proposer’s best price and technical offer.

2.9 RIGHT TO PROTEST

Any proposer may protest any recommendations for contract award by submitting a written protest to the Director of Purchasing within five (5) business days after posting the Notice of Intent to Award in accordance with Chapter 2, Article II, Section 2-55 of the Palm Beach County Code. Protests must be submitted in writing, addressed to the Director of Purchasing, via hand delivery, mail or fax to (561) 242-6705.

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

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

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

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

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

2.12 CRIMINAL HISTORY RECORDS CHECK

Pursuant to Palm Beach County Code Section 2-371 – 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County.

A fingerprint based criminal history record check shall be conducted on all employees of contractors and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility ("Critical Facilities") or a criminal justice information facility ("CJI Facilities"), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2013-1470 and R-2015- 0572, as amended. In October 2013, compliance with the requirements of the U.S.

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

2.13 REVIEW OF PROPOSALS

Each proposal will be reviewed to determine if the proposal is responsive to the RFP.

Proposals deemed to be non-responsive will be rejected without being evaluated by the Selection Committee. A responsive proposal is one which has been signed, has been submitted by the specified submission time, and has provided the information required to be submitted with the proposal (as stated in Section 3). While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of your proposal, especially information relating to establishing financial/business stability. Proposers who fail to comply with all of the required and/or desired elements of this RFP, do so at their own risk.

2.14 EXCEPTIONS TO THE RFP

All exceptions taken must be specific, and the proposer must indicate clearly what alternative is being offered to allow the County a meaningful opportunity to evaluate the proposal. Proposers are cautioned that submitting an alternative proposal does not relieve the proposer from submitting the “Minimum Requirements” as stated in Section 3.

The County is under NO obligation to accept any proposed exceptions or alternatives.

2.15 SELECTION PROCESS

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

The Selection Committee will evaluate all responses to this RFP that meet the Proposal Requirements and are deemed responsive. The Selection Committee may evaluate all proposals based solely on the information submitted with the proposal. Accordingly, proposers are urged to ensure that their proposal contains all the necessary information for the Selection Committee to fairly and accurately evaluate each of the criteria listed below in Section 2.16. However, an oral presentation, additional written information, internal staff analysis, proposer presentations, outside consultants, and/or any other information may be required, at any time during the selection process, to help the Committee determine the final ranking of proposers. The Selection Committee may determine, as the result of additional information, that the impact of this information is significant and may be considered in the scoring and/or ranking, at the discretion of the Committee.

The Selection Committee shall meet in public session as necessary to score each proposal by reviewing each proposal against the evaluation criteria listed below, see Section 2.16. Upon completion of the Selection Committee’s review and discussion of all the responsive proposals submitted, each Selection Committee Member shall score each proposal and total the scores for each proposal. The proposals shall be assigned a ranking based upon the totals of each Selection Committee Member’s score for each proposal.

After the Selection Committee has developed an overall ranking for each proposer, the committee will then review, discuss, and declare the proposer ranked the highest as its “finalist” and make its recommendation for award of the contract.

2.16 EVALUATION CRITERIA

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

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

3. Key Personnel and Operations Weight 20 % ( 20 pts) (See Section 3.3)

4. Price Proposal Weight 20 % ( 20 pts) (See Section 3.5)

5. Business Location / Local Preference Weight 5 % ( 5 pts) (See Section 3.4)

2.17 AWARD OF CONTRACT

The award, if any, will be made to the responsive, responsible proposer whose proposal is considered to be the most advantageous to the County based on the Selection Committee’s opinion after review of every such proposal including, but not limited to, price.

Upon review and approval of the Selection Committee’s recommendation for award, the Purchasing Department will post the award recommendation at the Purchasing Department and on the Purchasing Department website at www.pbcgov.com/purchasing for a period of five (5) business days for review by interested parties prior to final approval of the award. The apparent successful proposer will be notified of the recommendation for award by mail. The recommended awardee shall provide documentation that demonstrates that the individual(s) executing the Contract has the authority to do so and to legally bind the recommended awardee. A contract must be completed and executed by the successful proposer and the County and, when appropriate, by the Board of County Commissioners before it becomes valid and effective. If these conditions and contract negotiations, if applicable, are not met and/or completed within a reasonable timeframe as determined by the County, the County may elect to cancel the Recommended Award to that proposer and make the award recommendation to the next most advantageous proposer. This process may continue until such time as the County has determined to cancel the procurement in its entirety. The official posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings.

2.18 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

The selected proposer will be required to execute a contract similar to the attached Sample Standard Contract (Attachment 1). If a proposer has comments related to any of the provisions in this RFP and/or the Sample Standard Contract, comments must be made, in writing, no later than the date specified in the RFP Timetable (see Section 1.7).

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

2.19 COMMENCEMENT OF WORK

This RFP does not, by itself, obligate the County. The County’s obligation will commence when the contract is approved by the Board of County Commissioners or their designee and upon written notice to the proposer. The County may set a different starting date for the contract. The County will not be responsible for any work done by the proposer, even work done in good faith, if it occurs prior to the contract start date set by the County.

2.20 INSURANCE REQUIREMENTS

Prior to the effective date of the Contract, it shall be the responsibility of the successful proposer to provide evidence of the minimum amounts of insurance coverage specified in Attachment 1, Article 13, to Palm Beach County through the Contact Person set forth in Section 1.9, until otherwise notified by County.

The successful proposer shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverages and limits (including endorsements) as described herein (see Attachment 1, Article 13). Failure to maintain the required insurance shall be considered default of the Contract. The requirements contained herein, as well as the County’s review or acceptance of insurance maintained by the successful proposer, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the successful proposer under the Contract.

2.21 DRUG FREE WORKPLACE CERTIFICATION

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

2.22 AUTHORIZED SIGNATURE

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

SECTION 3

PROPOSAL REQUIREMENTS

PROPOSAL FORMAT AND CONTENT:

Format

Proposer shall submit one (1) unbound original, four (4) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal. Proposals should be typed, double spaced and submitted on 8 ½” x 11” size paper. Copies should be bound using a single method of fastening (e.g., stapled, binder, etc.). Proposals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

Table of Contents

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

Letter of Transmittal

Proposals should contain a Letter of Transmittal addressed to Lisa Inkell, Senior Buyer, and should, at a minimum, contain the following:

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

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

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

d. Signed by a person authorized to bind proposer to the terms of the proposal.

Technical Proposal

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

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

Notwithstanding these submittal requirements, the County reserves the right, at its sole discretion, to waive any minor irregularity relating to the proposal. Upon request, it shall be the responsibility of the proposer to address the determined minor irregularity within a time frame specified by the County (normally within two working days of request). Failure of a proposer to provide the required information within the specified time frame is considered sufficient cause to deem the proposal non-responsive.

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

3.1 EXPERIENCE / QUALIFICATION / BACKGROUND / REFERENCES

INFORMATION

3.1.1 Each proposer shall submit a detailed statement of their experience, qualifications, and background for providing text message notifications of court date and other criminal justice related appointments.

*3.1.2 Each proposer should submit a minimum of three (3) references demonstrating the successful provision of text message notifications of court date and other criminal justice related appointments within the past five (5) year(s).

Each reference should include the following:

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

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

3.2 PROJECT APPROACH / UNDERSTANDING INFORMATION

The proposer shall provide a detailed narrative description of its approach and methodology for implementing criminal justice text message reminders including, but not limited to, the following:

3.2.1 Provide details how they intend to meet the Scope of Work/Services of the

RFP, to include a sample report comparable to Item 4.2.12

3.2.2 County resources that will be required to provide the services.

3.2.3 Timeline for implementation and having the system up and running.

3.3 KEY PERSONNEL AND OPERATIONS INFORMATION

The proposer shall provide:

3.3.1 An Organizational Chart identifying the structure of firm.

3.3.2 A list of the key personnel assigned to the project, along with a complete resume detailing their experience, education, expertise, qualifications and knowledge of the project.

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

3.3.4 Identification of projects of similar nature in which each staff member has been involved.

3.4 BUSINESS LOCATION / LOCAL PREFERENCE

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

Proposer shall submit at the time of proposal submission the attached “Certification of Business Location” (Appendix C) (the “Certification”) together with a valid Business Tax Receipt issued by the Palm Beach County Tax Collector, unless the proposer is exempt from the Business Tax Receipt requirement by law, which will be used to verify that the proposer had a permanent place of business prior to the issuance of this Notice of Solicitation/Request for Proposal. The Palm Beach County Business Tax Receipt and the Certification are the sole determinant of Business Location/Local Preference points. Errors in the completion of the Certification or failure to submit the completed Certification will cause the proposer to not receive points for Business Location/Local Preference.

Local proposers who submit the Certification, together with the required Business Tax Receipt at the time of proposal submission, shall receive five (5) points.

Required Appendices

3.5 PRICE PROPOSAL INFORMATION

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

Offers will receive up to the maximum points listed in 2.17 above, based upon the reasonableness of the total price and competitiveness of this amount with other offers received.

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

PALM BEACH COUNTY

FINANCE DEPT.

P.O.BOX 4036

WEST PALM BEACH, FL 33402-4036

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

mailto:pbcpaymentmgr@mypalmbeachclerk.com

3.6 BUSINESS INFORMATION

Each proposer shall complete and submit the attached Business Information page (Appendix B).

3.7 AMENDMENTS TO THE RFP

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

Additional Appendices

3.8 ADDITIONAL INFORMATION

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

SECTION 4

SCOPE OF WORK/SERVICES

4.1 PURPOSE OF THE PROJECT

The CONTRACTOR will provide a text based court date reminder system for the Criminal Justice Commission (CJC). The Fifteenth Judicial Circuit Clerk of Court will provide the CONTRACTOR with lists of criminal defendants who have given consent to receive text message reminders. The Florida Department of Corrections, Circuit 15, will provide the CONTRACTOR with lists of individuals on felony probation who have given consent to receive text message reminders. Professional Probation Services, Inc., will provide the CONTRACTOR with lists of individuals within the 15th Circuit who are on misdemeanor probation who have given consent to receive text message reminders. Palm Beach County Pretrial Services Department will provide lists of individuals in a supervised release program who have given consent to receive text message reminders. This personal identifying information of individuals will be used for the sole and exclusive purpose of notifying individuals by text message of upcoming appointment or court date.

The CONTRACTOR's responsibility is to provide professional services in the area of telecommunication relay services. Palm Beach County (COUNTY) is not purchasing or licensing any software, enhancements or improvements to CONTRACTOR data processing software or systems. CONTRACTOR is not providing COUNTY with use of its software or access to such system.

4.2 PERFORMANCE SPECIFICATIONS

4.2.1 CONTRACTOR shall take personal data provided to CONTRACTOR and utilize CONTRACTOR’s program to perform the services of notifying participants of upcoming appointments and court appearances.

4.2.2 CONTRACTOR will be responsible for working with the following four (4) agencies for the initial set-up of data transfer protocols and regular receipt of data in order to send text reminders to clients:

a. Fifteenth Judicial Circuit Clerk of Court for criminal defendants court dates and times.

b. Florida Department of Corrections, Circuit 15, for felony probation reporting appointment dates.

c. Professional Probation Services, Inc., for 15th Circuit misdemeanor probation reporting appointment dates.

d. Palm Beach County Pretrial Services Department for supervised release program reporting dates.

4.2.3 CONTRACTOR shall include an “opt out” provision in all text messages.

4.2.4 CONTRACTOR shall immediately cease and stop all text messaging upon notification of an “opt out” text from a participant or other reasonable notification of revocation of prior express consent or notification of an incorrect telephone number from any recipient.

4.2.5 No marketing, sales or commercial information shall be included in the text messages. The text messages must be purely information concerning upcoming court dates and appointments.

4.2.6 CONTRACTOR will send two (2) text message reminders to each participant. The first text message shall be sent seven (7) days prior to a scheduled appointment or court hearing/date. The second text message shall be sent twenty-four (24) hours prior to a scheduled appointment or court hearing/date.

4.2.7 As court appearance dates are cancelled and changed, CONTRACTOR shall update the court appearance date so that recipients receive the most current date information. The recipient should be notified expeditiously.

Currently recipients are notified by 6:00 p.m., local time the same day the CONTRACTOR receives the notification.

4.2.8 CONTRACTOR shall ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract.

4.2.9 CONTRACTOR shall comply at all times with Florida Statutes and the rules of the Federal Communications Commission regarding the Telephone Consumer Protection Act, 47 U.S.C § 227.

4.2.10 CONTRACTOR shall comply with rules of the Federal Communications Commission (FCC) as applicable and any other applicable Federal or State laws concerning the service to be provided.

4.2.11 CONTRACTOR shall provide COUNTY with monthly reports of the text messages sent, beginning forty (40) days after the initial text messages of the project are sent. All monthly reports shall be sent to Bert Winkler, Manager of Criminal Justice Programs, at Bwinkler@pbcgov.org.

4.2.12 Monthly reports shall include the following for each case number: the number of text messages, the dates of those messages, whether the messages were received, any action taken by CONTRACTOR if the text message was not received, and the cell phone number(s) where the messages were sent.

4.2.13 The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work.

4.2.14 There is no maximum amount of times each of the recipients would be sent text notifications.

4.2.15 CONTRACTOR must be able to perform all specifications listed above.

4.2.16 There may be a transition period to establish an interface between the

CONTRACTOR’s system and the Clerk of Court system.

SECTION 5

ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

ATTACHMENT 1

SAMPLE STANDARD CONTRACT

CONTRACT FOR

Criminal Justice Text Message Reminders

(Contract No. 21-033/LI)

This Contract No. 21-033/LI is made as of this day of , 2021, by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and (Contractor’s Legal Name and Address) , (select the applicable type from the following types of entities describing Contractor) an individual, a partnership, a corporation, a limited liability company, or specify another authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR.

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

ARTICLE 1 - SERVICES

The CONTRACTOR’s responsibility under this Contract is to provide text message based court date reminder services to the Criminal Justice Commission in accordance with Exhibit A, Scope of Work/Services, and Exhibit ___, CONTRACTOR’s proposal dated ___________________, both of which are attached hereto and incorporated herein.

The COUNTY’s representative/liaison during the performance of this Contract shall be Bert Winkler, Manager, Criminal Justice Programs, telephone number (561) 355-1617 or designee.

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

ARTICLE 2 - ORDER OF PRECEDENCE

Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of the Contract, including Exhibit A; (2) the provisions of RFP No. 21-033/LI and all Amendments thereto, which are incorporated into and made a part of this Contract; (3) Exhibit __, CONTRACTOR’s proposal dated _________; and (4) all other documents, if any, cited herein or incorporated herein by reference.

ARTICLE 3 - SCHEDULE

The CONTRACTOR shall commence services on May 14, 2021, and complete all services by December 31, 2021, with four (4) twelve (12) month options for renewal at the sole discretion of the COUNTY.

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

ARTICLE 4 - PAYMENTS TO CONTRACTOR

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

The CONTRACTOR shall notify the COUNTY’s representative, in writing, when ninety percent (90%) of the “not-to-exceed amount” has been reached. The CONTRACTOR will bill the COUNTY on a monthly basis, or as otherwise provided, at the amounts set forth in Exhibit __ for services rendered toward the completion of the Scope of Work/Services. Where incremental billings for partially completed items are permitted, the total billings shall not exceed the estimated percentage of completion as of the billing date.

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

FINANCE DEPT., P.O. BOX 4036, WEST PALM BEACH, FL 33402-4036, with a copy to the COUNTY’s representative. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the COUNTY’s representative, indicating that services have been rendered in conformity with the Contract. Approved invoices will be sent to the Finance Department for payment.

Invoices will normally be paid within thirty (30) days following approval by the COUNTY’s representative. Invoices submitted on carbon paper shall not be accepted. In order for the COUNTY to make payment, the CONTRACTOR must ensure that the following information included on Appendix _, Business Information, of Exhibit _, CONTRACTOR’s proposal, must be exactly the same as it appears on the invoice and in the COUNTY’s Vendor Self Service System (VSS), which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService: Vendor’s Legal Name, Vendor’s Address, and Vendor’s TIN/FEIN Number.

C. Final Invoice: In order for both parties herein to close their books and records, the

CONTRACTOR will clearly state “final invoice” on the CONTRACTOR’s final/last billing to the COUNTY. This shall constitute CONTRACTOR’s certification that all services have been properly performed and all charges and costs have been invoiced to the COUNTY. Any further charges, if not properly included on this final invoice, are waived by the CONTRACTOR.

D. In order to do business with Palm Beach County, CONTRACTORS 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.

ARTICLE 5 - PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

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

ARTICLE 6 - TRUTH-IN-NEGOTIATION CERTIFICATE/MOST FAVORED CUSTOMER

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

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

Furthermore, the CONTRACTOR warrants that the price(s) shall not exceed the CONTRACTOR’s price(s) extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the CONTRACTOR offers more favorable pricing to one of its customer(s), the CONTRACTOR shall extend to the COUNTY the same pricing or the then current market price, whichever is lower.

ARTICLE 7 - TERMINATION

A. This Contract may be terminated by the CONTRACTOR upon sixty (60) days prior written notice to the COUNTY in the event of substantial failure by the COUNTY to perform in accordance with the terms of this Contract through no fault of the

CONTRACTOR.

B. It may also be terminated, in whole or in part, by the COUNTY, with cause upon five (5) business days written notice to the CONTRACTOR, or without cause upon ten (10) business days written notice to the CONTRACTOR. Unless the

CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for services rendered to the COUNTY’s satisfaction through the date of termination.

C. After receipt of a Termination Notice, except as otherwise directed by the COUNTY, in writing, the CONTRACTOR shall:

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

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

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

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

ARTICLE 8 - PERSONNEL

The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the

COUNTY.

All of the services required hereinunder shall be performed by the CONTRACTOR, or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services.

Any changes or…