RFP No. 22-003R-IM.pdf

Board of County Commissioners County Administrator

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

REQUEST FOR PROPOSAL

RFP NO. 22-003R/IM

Palm Beach County Board of County Commissioners and Facilities Development & Operations are seeking Proposals for:

UNIFORM SECURITY GUARD SERVICES, JUDICIAL AND GENERAL FACILITIES

Date issued/available for distribution: April 13, 2022

Proposer shall submit one (1) unbound original, nine (9) 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 May 12, 2022, 4:00 p.m. local time. See Section 1.8 of the RFP for Mailing Instructions.

Non-Mandatory Pre-Proposal Conference: See Section 1.4 of this solicitation.

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

i

TABLE OF CONTENTS

SECTION PAGE

SECTION 1 GENERAL INFORMATION

1.1 ISSUING OFFICE

1.2 PURPOSE OF THE PROJECT

1.3 GENERAL INFORMATION

1.4 NON-MANDATORY PRE-PROPOSAL CONFERENCE

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 SMALL/MINORITY/WOMEN BUSINESS ENTERPRISE (S/M/WBE) / EBO

REQUIREMENTS

2.11 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

AUDIT REQUIREMENTS

2.12 RULES; REGULATIONS; LICENSING REQUIREMENTS

2.13 CRIMINAL HISTORY RECORDS CHECK

2.14 REVIEW OF PROPOSALS

2.15 EXCEPTIONS TO THE RFP

2.16 SELECTION PROCESS

2.17 EVALUATION CRITERIA

2.18 AWARD OF CONTRACT

2.19 DISCLOSURE OF OWNERSHIP INTERESTS

2.20 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

2.21 COMMENCEMENT OF WORK

2.22 INSURANCE REQUIREMENTS

2.23 DRUG FREE WORKPLACE CERTIFICATION

2.24 AUTHORIZED SIGNATURE

2.25 PERFORMANCE BOND/LETTER OF CREDIT

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 COMMERCIAL NON-DISCRIMINATION

3.6 FINANCIAL / BUSINESS STABILITY

3.7 PRICE PROPOSAL INFORMATION

3.8 BUSINESS INFORMATION

3.9 AMENDMENTS TO THE RFP

3.10 ADDITIONAL INFORMATION

SECTION 4 SCOPE OF WORK/SERVICES

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

EXHIBIT C - AFFIRMATIVE PROCUREMENT INITIATIVES (“API”) . 92

SECTION 6 APPENDICES

APPENDIX A - PRICE PROPOSAL PAGES

APPENDIX B - BUSINESS INFORMATION AND EXPERIENCE

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

APPENDIX D - CERTIFICATION OF BUSINESS LOCATION

APPENDIX E - DRUG FREE WORKPLACE CERTIFICATION

APPENDIX F - DISCLOSURE OF OWNERSHIP INTERESTS

APPENDIX G - REFERENCES

APPENDIX H - LIST OF ALL CONTRACTS FOR PRIOR 5 YEARS . 113

APPENDIX I - CONTRACT VALUE

APPENDIX J - SUBCONTRACTOR EXPERIENCE

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 Facilities Development & Operations Department (FDO). 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 PURPOSE OF THE PROJECT

Palm Beach County is seeking proposals from qualified contractors having the required experience to provide Uniformed Security Guard Services at various Judicial Facility and General Facility locations throughout Palm Beach County. Services include Uniformed Security Guards I, II, III, IV, V, VI and Site/Field Supervisors.

Services shall be performed in accordance with all terms, conditions and requirements listed herein. Additionally, services shall be completed in a professional manner and at the highest and most effective level of security services.

Capitalized terms used herein are defined on Attachment A to the Scope of

Work/Services - “Definitions”.

1.3 GENERAL INFORMATION

Judicial Facilities: There are seven (7) Judicial Facilities which require Uniformed

Security Guard and screening services under the terms of this Contract. These buildings are located throughout Palm Beach County and are subject to change, based upon future needs of the County. These buildings are divided into Main County Courthouse and Satellite County Courthouses. The description and locations are as follows:

A. Main County Courthouse: Courthouse and Offices of the Public Defender and

State Attorney

1. Main County Courthouse, 205 N. Dixie Highway, West Palm Beach, FL 33401

2. Offices of the State Attorney, 401 N. Dixie Hwy., West Palm Beach, FL 33401

3. Office of the Public Defender, 421 3rd Street, West Palm Beach, FL 33401

B. Satellite County Courthouses

1. North County Governmental Center, 3188 PGA Boulevard, Palm Beach Gardens, FL 33418

2. South County Courthouse, 200 W. Atlantic Avenue, Delray Beach, FL 33444

3. Gun Club Courtrooms, 3328 Gun Club Road, West Palm Beach, FL 33406

4. West County Courthouse, 2950 State Road 15, Belle Glade, FL 33430

A sample Judicial location spreadsheet with staffing hours is attached as Attachment B to the Scope of Work/Services. The County reserves the right to add or delete locations and/or services, temporarily or permanently, from the Contract at any time.

General Facilities: There is a variety of County facilities where the successful proposer’s Uniformed Security Guards and Site/Field Supervisors will be posted. These buildings are located throughout Palm Beach County and are subject to change, based upon future needs of the County. Locations and estimated hours for each General Facilities site and level of Uniformed Security Guards and Site/Field Supervisors are identified in Attachment C to the Scope of Work/Services. The County reserves the right to add or delete locations and/or services, temporarily or permanently, from the contract at any time.

1.4 NON-MANDATORY PRE-PROPOSAL CONFERENCE

All proposers are invited to attend a Non-Mandatory Pre-Proposal Conference which will be held at the Purchasing Department, 50 South Military Trail, Room 1N-142 North/South, West Palm Beach, Florida 33415, on April 25, 2022, commencing at 2:00 p.m. local time.

At this time, the County’s representative(s) will be available to answer any questions relative to this Request for Proposal. Any questions or comments arising subsequent to the Non-Mandatory Pre-Proposal Conference must be presented in writing prior to the date and time stated in the Timetable (Section 1.7) of the RFP, to be discussed with the County’s representative(s) as possible amendments to the RFP.

In accordance with the provisions of ADA, auxiliary aids or services will be provided upon request with at least three days notice.

1.5 PERIOD OF CONTRACT

The proposed effective date of this Contract is August 23, 2022. The selected proposer(s) will provide services for a two (2) year period ending August 22, 2024. Three (3) one-year 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 4/13/2022 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

Non-Mandatory Pre-Proposal 4/25/2022 2:00 p.m. Purchasing Department Conference 50 S. Military Trail Room 1N-142 North/South

W. P. B., FL 33415

Deadline for receipt of 4/27/2022 5:00 p.m. Purchasing Department questions or comments 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Deadline for receipt 5/12/2022 4:00 p.m. Purchasing Department of proposals 50 S. Military Trail, Ste. 110

W. P. B., FL 33415

Selection Committee 5/26/2022 9:00 a.m. Purchasing Department Meeting 50 S. Military Trail Room 1N-142 North/South

W.P.B., FL 33415

Oral Presentations/ 6/15/2022 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 6/23/2022 Purchasing Department of Intent to Award 50 S. Military Trail, Ste. 110

W.P.B., FL 33415

www.pbcgov.com/purchasing

BCC Award Date 8/23/2022 Governmental Center 301 N. Olive Avenue, 6th Floor

W.P.B., FL 33401

Contract Start Date 8/23/2022 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService http://www.pbcgov.com/purchasing

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, nine (9) 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 April 18, 2022, 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: Iriana Morales, Buyer RFP No. 22-003R/IM

Title: Uniformed Security Guard Services, Judicial and General Locations Due Date: May 12, 2022, 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 Iriana Morales, Buyer, at (561) 616-6820, e-mail address imorales@pbcgov.com or fax number (561) 242-7432 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-advertise 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 SMALL/MINORITY/WOMEN BUSINESS ENTERPRISE (S/M/WBE) / EBO

REQUIREMENTS

Policy

It is the policy of the Board of County Commissioners of Palm Beach County, Florida, (the Board) that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County’s procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code, (EBO Ordinance) which sets forth the County’s requirements for the EBO program, and which is incorporated in this solicitation. The provisions of the EBO Ordinance are applicable to this solicitation and shall have precedence over the provisions of this solicitation in the event of a conflict.

NOTE: All forms related to the EBO Program can be found at http://discover.pbcgov.org/oebo/Pages/Documents.aspx.

Application of Affirmative Procurement Initiative(s) (API)

The API(s) approved for this solicitation, including any applicable S/M/WBE goals is/are attached hereto as EXHIBIT C.

If an S/M/WBE goal applies, proposers are required to submit Schedules 1 and 2 with their proposal in order to be deemed responsive to this solicitation. If an S/M/WBE goal is not applied to this solicitation, Schedules 1 and 2 are to be submitted with the proposal to document S/M/WBE participation.

Any proposal that fails to comply with the API requirements included in this solicitation after the period allowed for waiver requests has lapsed shall be deemed non-responsive to the solicitation requirements.

S/M/WBE Goal Waiver Request

If proposer is unable to comply with the API(s) requirements as set forth in this solicitation, such proposer shall submit a request for a waiver or partial waiver at least seven (7) days prior to the proposal due date as stated in the solicitation. If a proposer requests a waiver from an API requirement from the Office of Equal Business Opportunity (OEBO) at least seven (7) days prior to the proposal due date, then the proposal due date will be extended pending the outcome of a waiver request. Additionally, if the waiver is granted, the solicitation will be amended accordingly and the due date extended. After submission of a proposal, if proposer, through no fault of its own, is unable to meet the S/M/WBE participation specified in its proposal, then proposer must immediately seek substitute S/M/WBEs to fulfill the requirements and obtain the approval of the EBO Director. If, after reasonable Good Faith Efforts, as defined below, the proposer is unable to find an acceptable substitute S/M/WBE, a post-proposal opening waiver may be requested. The request shall document the reasons for the proposer’s inability to meet the goal requirement. In the event the proposer is found not to have performed Good Faith Efforts, as defined below, in its attempt to find a suitable substitute for the initial S/M/WBE proposed utilization, one (1) or more of the penalties and sanctions as set forth in the EBO Ordinance may be applied.

http://discover.pbcgov.org/oebo/Pages/Documents.aspx

Good Faith Efforts

Such waiver request shall include specified documentation that demonstrates satisfactory Good Faith Efforts, as defined below, were undertaken by proposer to comply with the requirements as described under the selected S/M/WBE Goal. The Good Faith Effort waiver request with instructions for submission to the OEBO, is located on the EBO website at http://discover.pbcgov.org/oebo/Pages/Documents.aspx. The OEBO shall review a waiver request within seven (7) days of receipt. The proposal due date will be extended during this review period. If the OEBO determines that adequate Good Faith Efforts, as defined below, have been demonstrated by the proposer to warrant a partial or total waiver of the API, then the solicitation shall be amended accordingly to reflect the partial or total waiver, and any proposals received by the County in the interim shall be returned unopened. The amended solicitation shall then be advertised to all prospective proposers and the proposal due dated extended. However, if the OEBO determines that the proposer failed to submit documentation sufficient to demonstrate that Good Faith Efforts, as defined below, were undertaken by the proposer to support its waiver or partial waiver request, the request for waiver or partial waiver shall be denied, and the solicitation shall remain unchanged. In the event of an adverse waiver or partial waiver request decision, the proposer shall have the right to request reconsideration of the adverse decision by the Director OEBO, and if still aggrieved, shall be subsequently entitled to the process for an appeal to a Special Master as referenced in Section 2.-80.28 (b) of the EBO Ordinance. The solicitation due date shall be extended pending the OEBO Director’s reconsideration and Special Master appeal process, if requested.

Documentation Required for Good Faith Efforts

Documentation means documentation of the proposer’s intent to comply with the applicable API(s), including, but not limited to, the following: (1) documentation as stated in the solicitation reflecting the proposer’s commitment to comply with S/M/WBE goals as established by the OEBO for a particular contract; or (2) documentation of efforts made toward achieving EBO program goals (e.g., solicitations of bids/proposals/qualification statements from all qualified S/M/WBE firms listed in the OEBO’s directory of certified S/M/WBE firms; correspondence from qualified S/M/WBE firms documenting their unavailability to perform S/M/WBE contracts; documentation of efforts to subdivide work into smaller quantities for subcontracting purposes to enhance opportunities for S/M/WBE firms; documentation of a Prime Contractor’s posting of a bond covering the work of S/M/WBE subcontractors/subconsultants; documentation of efforts to assist S/M/WBE firms with obtaining financing, bonding or insurance required by the proposer; and documentation of consultations with trade associations and consultants that represent the interests of S/M/WBEs in order to identify qualified and available S/M/WBE subcontractors/subconsultants. Scoring of Good Faith Efforts documentation and administrative determinations regarding the adequacy of such Good Faith Efforts is the responsibility of the OEBO.

Proposal Submission Documentation

If any subcontractors or subconsultants are utilized in performing work under this Contract, proposers shall complete the attached Schedule 1 and Schedule 2, listing the work to be performed by each subcontractor or subconsultant, including S/M/WBE subcontractors and subconsultants.

S/M/WBE’s submitting as Prime Contractors or Consultants are advised that they shall complete the attached Schedule 1 and Schedule 2, listing the work to be performed by their own workforce.

Schedule 1 – List of Proposed Subcontractors/Subconsultants

A completed Schedule 1 submitted by the Prime shall list the names of all subcontractors/subconsultants intended to be used in performance of the Contract, if awarded, including the total proposed percentage of S/M/WBE participation. This schedule shall also be used if an S/M/WBE Prime Contractor/Consultant is performing all or any portion of this contract with their work force.

Schedule(s) 2 – Letter(s) of Intent

A completed and executed Schedule 2 is a binding document between the Prime Contractor/Consultant and a subcontractor/subconsultant (or any tier) and should be treated as such. Each Schedule 2 shall be properly executed by the Prime Contractor/Consultant and by the proposed subcontractor/subconsultant. If the Prime Contractor/Consultant is an S/M/WBE, a Schedule 2 shall be submitted to document work to be performed by its workforce. All S/M/WBE(s) shall specify, in detail, the type of work they will perform along with the dollar amount they will be compensated and/or percentage of work they will perform. If any subcontractor/subconsultant intends to subcontract any portion of their work, they are required to list the dollar amount and the name of the subcontractor/subconsultant on this schedule. All named subcontractors/subconsultants on this schedule must also complete and submit a separate Schedule 2. The Prime may count toward its SBE or M/WBE goal second and third tiered certified S/M/WBE(s); provided that the Prime Contractor/Consultant submits a completed and executed Schedule 2 for each S/M/WBE.

A detailed scope of work may be attached with an executed Schedule 2.

In the event of a conflict between Schedules 1 and 2 when calculating S/M/WBE participation, the information provided on Schedule 2 shall have precedence. If the County’s issuance of a change of scope, including alterations, additions or reduction on this project results in changes in the scope of work to be performed by a subcontractor/subconsultant listed at the time of proposal submission, the Prime must submit a, completed and executed Schedule 2 that specifies the revised scope of work to be performed by the subcontractor/subconsultant, along with the modified price and /or percentage.

S/M/WBE Certification

Only those firms certified by Palm Beach County at the time of proposal submission shall be counted toward the established S/M/WBE goals. Upon receipt of a completed application, IT TAKES UP TO NINETY (90) BUSINESS DAYS TO BECOME CERTIFIED AS AN S/M/WBE WITH PALM BEACH COUNTY. It is the responsibility of the proposer to confirm the certification of any proposed S/M/WBE; therefore, it is recommended that proposers visit the online Vendor Directory at www.pbcgov.org/oebo to verify S/M/WBE certification status. Firms must continue to recertify during the life of the contract as the County may only count toward the established goal, work performed by an S/M/WBE during the time their certification dates are valid.

Counting S/M/WBE Participation

a. Once a business is determined to be an eligible S/M/WBE according to the Palm

Beach County certification procedures, the Prime Contractor/Consultant may count toward its goals only that portion of the total dollar value of a contract performed by the S/M/WBE. Prior to issuance of this solicitation, the total dollar value of a contract will be determined by the County by defining factors to be considered as value. Total dollar value of retail contracts shall be determined by Gross Receipts, as defined in the EBO Ordinance.

b. Certified S/M/WBE participation will only count toward the established goal in a business category in which it does not exceed the size standard.

c. The Prime Contractor/Consultant may count toward the established goal a portion of the total dollar value of a contract with a joint venture, based on the clearly defined portion of the work to be performed by the certified S/M/WBE of the joint venture.

d. The Prime Contractor/Consultant may count toward the established goal the entire expenditures for materials and equipment purchased by an S/M/WBE subcontractor/subconsultant, provided that the S/M/WBE subcontractor/subconsultant has the responsibility for the installation of the purchased materials and equipment.

e. The Prime Contractor/Consultant may count sixty percent (60%) of its expenditure to S/M/WBE suppliers/distributors that are not manufacturers toward the established goal.

f. The Prime Contractor/Consultant may count toward the established goal, second and third tiered certified S/M/WBEs, provided that the Prime submits a completed Schedule 2 form for each S/M/WBE.

g. The Prime Contractor/Consultant may count the entire expenditure to an S/M/WBE manufacturer toward the established goal (i.e., a supplier/distributor that produces goods from raw materials or substantially alters the goods before resale).

h. The Prime Contractor/Consultant may only count towards the established goal the goods and services in which the S/M/WBE subcontractor/subconsultant is certified and performs with their work force.

Responsibilities After Contract Award

Schedule 3(A) – Professional Services Activity Report

The Prime Contractor/Consultant shall submit a completed Professional Services Activity Report (Schedule 3A) with each invoice or payment application when a subcontractor/subconsultant has provided services during the period in which the Prime is requesting payment. This schedule shall contain the names of the Prime and subcontractor(s)/subconsultant(s) on the project specifying the contract amount; start date; amount paid to date and percentage of work completed by the Prime and subcontractor(s)/subconsultant(s). This schedule is intended to be utilized on all professional services contracts.

Schedule 4 – Payment Certification

A fully executed Schedule 4 shall be submitted for each subcontractor/subconsultant after receipt of payment from the Prime Contractor/Consultant. The Prime Contractor/Consultant shall submit this schedule with each payment application or invoice submitted to the County when the County has paid the Prime Contractor/Consultant on the previous payment application for services provided by a subcontractor/subconsultant.

If any subcontractor/subconsultant intends to disburse funds associated with this payment to another subcontractor/subconsultant for labor provided on this contract, the amount and name of the subcontractor/subconsultant shall be listed on this schedule. All named subcontractors/subconsultants on this schedule must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime Contractor/Consultant is a certified S/M/WBE, a Schedule 4 shall be submitted to reflect the amount of payment retained by the Prime Contractor/Consultant for services performed by its own workforce.

All proposers hereby agree and assure that they will meet the S/M/WBE participation percentages submitted in their respective proposals with the subconsultants or subcontractors contained on Schedules 1 and 2 and at the dollar values or percentages specified. Proposers agree to provide any additional information requested by the County to substantiate participation.

The successful proposer shall submit a Professional Services Activity Report (Schedule 3(A)) and Payment Certification (Schedule 4) with each payment application, when applicable. Failure to provide these schedules may result in a delay in processing payment or disapproval of the invoice until they are submitted. The Professional Services Activity Report is to be filled out by the Prime Contractor/Consultant and the Payment Certification are to be executed by the subcontractor/subconsultant to verify receipt of payment.

Upon letter notification by the County that the EBO payment portal/tracking system is available for use, the Contractor is required to input all subconsultant and subcontractor payment information directly into the EBO payment portal prior to submitting a payment application.

NOTE: All OEBO forms are available on the OEBO website:

http://discover.pbcgov.org/oebo/Pages/default.aspx.

S/M/WBE Substitutions

After contract award, the Prime Contractor/Consultant will only be permitted to substitute a certified S/M/WBE that is unwilling or unable to perform. The Prime Contractor/Consultant will only be permitted to modify the scope of work or price of an S/M/WBE listed in their response to the solicitation as a result of the County’s issuance of an amendment, alternate or change orders on a project. Substitutions shall be done with like certified S/M/WBEs in order to maintain the participation percentages submitted with the proposal.

All requests for modifications or substitutions shall be submitted to the originating County Department and the OEBO on the EBO Request for S/M/WBE Substitution Modification Removal Form for review. Upon receiving an approval for substitution, the Prime Contractor/Consultant shall complete and submit a new executed Schedule 2 that specifies the revised scope of work to be performed by the S/M/WBE, along with the revised dollar amount and/or percentage.

A detailed scope of work may be attached with an executed Schedule 2.

EBO Program Compliance - Penalties

Under the EBO Ordinance, the OEBO is required to implement and monitor S/M/WBE utilization during the term of any contract resulting from this solicitation. It is the County’s policy that S/M/WBEs shall have the maximum feasible opportunity to participate in the performance of County contracts. All proposers are required to comply with the EBO Ordinance and shall be expected to comply with the APIs applicable to this solicitation, as well as the S/M/WBE utilization proposed by a proposer in its proposal, which utilization plan forms a part of any resulting Contract.

The Director of the OEBO or designee may require such reports, information, and documentation from the proposer/Contractor/Consultant as are reasonably necessary to determine compliance with the EBO Ordinance requirements. Contractor/Consultant shall correct all noncompliance issues within fifteen (15) calendar days of a written notice of noncompliance by the department procuring the goods or services or the EBO Office. If the Contractor/Consultant does not resolve the non-compliance within fifteen (15) days of receipt of written notice of non-compliance, then the Director of the OEBO or designee may impose upon the non-complying party any or all of the following penalties:

http://discover.pbcgov.org/oebo/Pages/default.aspx

a. Suspension of contract;

b. Withholding of funds;

c. Termination of contract based upon a material breach of contract pertaining to EBO Program compliance;

d. Suspension or Debarment of a proposer or bidder, contractor or other business entity from eligibility for providing goods or services to the County for a period not to exceed three (3) years; and

e. Liquidated damages equal to the difference in dollar value of S/M/WBE participation as committed to in the contract, and the dollar value of S/M/WBE participation as actually achieved, if applicable.

2.11 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.

2.12 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).

2.13 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.

2.14 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.

2.15 EXCEPTIONS TO THE RFP

All exceptions contained in any proposal 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.

2.16 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 2.17. 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 2.17. 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.

2.17 EVALUATION CRITERIA

1. Experience / Qualifications Weight 25 % ( 25 pts) Background / References (See Section 3.1)

2. Project Approach / Understanding Weight 20 % ( 20 pts) (See Section 3.2)

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

4. Price Proposal Weight 15 % ( 15 pts) (See Section 3.7)

5. Small/Minority/Women Business Enterprise Weight 15 % ( 15 pts) (See Section 2.10 and Exhibit C “API”s)

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

2.18 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.

2.19 DISCLOSURE OF OWNERSHIP INTERESTS

Pursuant to a directive by the Board of County Commissioners, the Disclosure of Ownership Interest affidavit (DOIA, Appendix F) must be completed on behalf of any individual or business entity that seeks to do business with the County when applicable.

Disclosure does not apply to nonprofit corporations, government agencies, or to an individual’s or entity’s interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, F.S., whose interest is for sale to the general public.

Upon request from the Purchasing Department, the recommended awardee shall submit a completed DOIA (Appendix F) within a reasonable time, as requested. If the recommended awardee fails to submit a completed DOIA in a timely manner, the County, at its sole discretion, may elect to cancel the Recommended Award.

2.20 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.

file://///pbcgov.org/pur/Common/WPHIST/CONTRACTS/RFP-DP/2022/22-003-IM%20-%20UNIFORM%20SECURITY%20GUARD%20SERVICES,%20JUDICIAL%20AND%20GENERAL%20FACILITIES/www.pbcgov.com/purchasing

2.21 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.

2.22 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 15, 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 15). 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.

2.23 DRUG FREE WORKPLACE CERTIFICATION

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

2.24 AUTHORIZED SIGNATURE

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

2.25 PERFORMANCE AND PAYMENT BOND / LETTER OF CREDIT

The successful proposer shall furnish, to the County, a Performance and Payment Bond or Clean Irrevocable Letter of Credit (Letter of Credit) in a dollar amount equal to twenty percent (20%) of the Total Offer as specified on Appendix A, Price Proposal Page(s), prior to commencement of work, and shall keep the same in force and effect during the entire term of this Contract.

The successful proposer shall furnish a Performance and Payment Bond in a form and format satisfactory to the County as security for the faithful performance of the Contract resulting from the award of RFP No. 22-003R/IM and for the payment of all persons performing labor or furnishing material in connection with the Contract and for the costs incurred by the County to obtain a replacement contract, in the event the successful proposer fails to perform as required under said Contract.