Highlands County Sheriff s Office

Transcription

1 Highlands County Sheriff s Office Sheriff Susan Benton 434 Fernleaf Avenue Sebring, Florida Dually Accredited REQUEST FOR PROPOSAL The Highlands County Sheriff s Office will receive sealed proposals in the Purchasing Department for: RFP DETENTION - COMMISSARY RFP with criteria, requirements, copy of scope of work may be downloaded from the web: or will be provided upon written request by contacting: the Highlands County Sheriff s Purchasing Office, located at 434 Fernleaf Avenue; Sebring, Florida Phone: ; Fax: ; or by purchasing@highlandssheriff.org. Proposal submissions must be sealed and marked with the name of the proposer, and the RFP number and title RFP Detention Commissary Services so as to identify the enclosed proposal. Each submittal shall include (1) one original and (5) five copies of the proposal. Proposals must be delivered to Highlands County Sheriff s Office Purchasing Department, 434 Fernleaf Ave., Sebring, FL 33870, so as to reach said office no later than 2:00 P.M., Thursday; November 14, 2013, at which time they will be opened. Proposals received later than the date and time as specified will be rejected. The Highlands County Sheriff s Office will not be responsible for the late deliveries of proposals that are incorrectly addressed, delivered in person, by mail or any other type of delivery service. Highlands County Sheriff s Office Local Vendor Preference Policy will apply to the award of this bid. The Highlands County Sheriff s Office reserves the right to accept or reject any or all proposals or any parts thereof, and the award, if an award is made, it will be made to the whose proposal and qualifications indicate that the award will be in the best interest of Highlands County. The Highlands County Sheriff s Office reserves the right to waive irregularities in the proposal. The Highlands County Sheriff s Office does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the Sheriff s functions, including one's access to, participation, employment or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act or Section Florida Statutes should contact Ms. Kathy Fluharty, Human Resource Administrator: (Voice), or via

2 Florida Relay Service 711, or by Requests for CART or interpreter services should be made at least 24 hours in advance to permit coordination of the service. Highlands County Sheriff s Office Purchasing Department Highlands County, Florida RFP DETENTION - COMMISSARY SERVICES SECTION 1.0 GENERAL TERMS AND CONDITIONS A. All responses shall become the property of the Sheriff s Office. B. Florida Statutes , on Drug Free Work Place, (3)(a) on Public Entity Crimes, and Section , on Discrimination will be complied with. C. The County will not reimburse respondent(s) for any costs associated with the preparation and submittal of any response. SECTION 2.0: LOCAL PREFERENCE A. Local vendor preference is considered when the lowest responsive, responsible, qualified bidder is a regional or non-local business, then all bids received from responsive, responsible, qualified local business bids are decreased by the respective percentage as defined below in preference for bidding and request for proposals. The original bid amount is not changed; the decrease is calculated only for the purposes of determining local preference. All procurement documents including but not limited to bid documents and request for proposal documents shall include a notice to vendors of the Sheriff s local preference policy. B. Local Business - For purposes of this section, "local business" shall mean a business which: 1. Has had a fixed office or distribution point located in and having a street address within Highlands County for at least six (6) months immediately prior to the issuance of the request for quotations, competitive bids or request for proposals by the Sheriff; and 2. Holds any business license required by the County, and/or, if applicable, the Cities or Townships; and 3. Employs at least one full-time employee, or two part-time employees whose primary residence is in Highlands County, or, if the business has no employees, the business shall be at least fifty (50) percent owned by one

3 or more persons whose primary residence is in Highlands County. C. Any vendor claiming to be a local business as defined above shall certify in writing to the General Services Unit. The certification shall provide all necessary information to meet the requirements outlined above. It is also the responsibility of any vendor claiming to be a local business to include a copy of their certification in their bid or proposal. The General Services Unit shall not be required to verify the accuracy of any such certifications, and shall have the sole discretion to determine if a vendor meets the definition of a "local business." D. Exceptions to Local Preference - Purchases or contracts which are funded, in whole or part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference; and purchases made or contracts let under emergency or noncompetitive situations, or for litigation related legal services shall be exempt from this preference. The preference established in this policy does not prohibit the right of the General Services Unit to compare quality or fitness for use of supplies, materials, equipment and services proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms, or corporations submitting quotations, bids or proposals. Application of local preference to a particular purchase, contract, or category of contracts for which the Sheriff s Office is the awarding authority may be waived upon written justification and recommendation by the Business Administrator to the Sheriff or designee. E. Preference in Bidding In purchasing of, or letting of contract for procurement of, personal property, materials, contractual services, and construction of improvements to real property or existing structures in which pricing is the major consideration, the authorized purchasing authority of the Sheriff s Office may provide a preference to local businesses in making such purchase or awarding such contract, in an amount of five (5) percent of the bid price for purchases under $250,000, and two (2) percent of the bid price for purchases $250,000 and above. The maximum cost differential shall not exceed $40,000. Total bid price shall include the base bid and all alternatives or options to the base bids which are part of the bid and being recommended for award by the appropriate authority. F. Preference in (RFP) Requests for Proposals - In purchasing of, or letting of contracts for procurement of, personal property, materials, contractual services, and construction of improvements to real property or existing structures for which a request for proposals is developed with evaluation criteria, a local preference of not more than five (5) percent of the total score may be assigned for a local preference. Based upon analysis of the market place for each project, staff shall make a determination for inclusion of a local preference in the criteria for consideration for each request for proposal.

4 SECTION 3.0 INTRODUCTION This Request for Proposal (RFP) is to obtain bids from firms who specialize in providing commissary services. A. The Highlands County Sheriff s Office manages and operates the 502 bed Highlands County Detention Center, located at 434 Fernleaf Avenue, Sebring, FL., B. The Highlands County Sheriff s Office invites all interested firms who wish to participate in the process to submit sealed responses in accordance with the guidelines outlined in this Request For Proposals (RFP). Awarded contract will be for two years at signing with an option of (3) three (2) two year renewals if both parties are in agreement. C. The Highlands County Sheriff s Office may extend the contract on a year to year or multi-year basis if it appears to be in the best interest of the Detention Center and is agreeable with the Vendor. D. The Highlands County Detention Center currently provides commissary services to an average daily inmate population of 403 inmates. SECTION 4.0 BACKGROUND A. Provider The current Commissary provider for the Highlands County Detention Center is Swanson Services Corporation. The Sheriff s Office uses Sheriff s Office members to deliver and manage the on-site commissary delivery activities to detainees and inmates. The Facility provides utility connection for the cash kiosk located in the lobby. There currently are no dormitory kiosks in the facility. The Lobby Banking kiosk is the property of Swanson Services Corporation. B. Ordering/Delivery 1. Inmates/detainees are allowed commissary items once per week supplied by Swanson Services Corporation. All items offered for sale are pre-approved by the Facility Security staff and are priced in accordance with prevailing prices within the community. Inmate purchases are limited to no more than 5 of any one item per order

5 week. 2. Commissary is ordered by inmates/detainees and delivered to the facility and distributed one (1) days per week. Delivery day is currently on Thursday. 3. Inmates/detainees currently manually complete a bubble sheet to place their order. The bubble sheets are collected by Sheriff s Office staff for submittal to the current provider. 4. Swanson Services Corporation closes out orders on Wednesday of each week for processing and delivery on Thursday. Inmates are provided a print-out by location of their current balance prior to placing their order. The funds to pay for these purchases are deducted from each inmate/detainee trust account at the time the order is completed by the provider. In the event that items are found missing from an inmate s/detainee s order during issuance, the agency commissary employee creates a list of shortages and s a list to Swanson Services Corporation. The inmates accounts with the shortages are credited the respective shortage amount by the finance commissary Sheriff s Office member. 5. The orders are processed and the items are packed in clear plastic bags identified by an enclosed receipt. The receipt identifies the detainees/inmates name, number and housing location. The orders are sorted and packaged for shipping in large boxes. Each box is identified for each specific Housing Unit and Pod Location, for delivery by the agency commissary employee. The detainee s/inmate s receipt contains information reflecting the items purchased and account balances. 6. Commissary orders are delivered to the facility and dropped off at the Detention lobby each Thursday before noon. The received commissary orders are then distributed to inmates/detainees by a Sheriff s Office member. C. Receipt/Recording of Funds/Inmate Accounting (By Sheriff s Office staff) 1. After booking into the Facility, an individual inmate trust account is established in the Banker System provided by the current vendor. Returning inmates that have previously left the facility with a negative balance will have that balance re-instated once their inmate account has been opened. All monies (cash, coins and money orders made out in the name of the individual) physically in the possession of inmates/detainees or their property

6 upon being booked into the facility are deposited and accounted for in the inmates/detainees trust account. Other negotiable instruments such as personal checks and money orders that are not made out to the individual are held with the inmates property or released as appropriate and in accordance with policy they are not deposited in the inmates trust account. 2. Inmates/detainees may receive funds from friends and family members. Only Money Orders are accepted through routine mail at the facility level. Funds may be deposited into an inmate/detainee account using an electronic cashier station located in the facility lobby area or electronically using web-based applications. D. Present Schedule 1. The Sheriff s Office will provide a list of holidays on an annual basis. The Sheriff and the Vendor will adjust commissary orders and delivery schedules to accommodate those holidays. E. Commission Schedule / Annual Sales 1. The current contractual agreement with Swanson Services Corporation does not provide for a fixed commission percentage of monthly sales. 2. Commissions are paid to the Inmate Welfare Fund within thirty (30) calendar days of the close of each accounting month. 3. A current Commissary order sheet with item descriptions and prices is attached as Attachment A to this solicitation. 4. Annual sales and commission amounts for the past two calendar years 2011/2012 and 2012/2013 are attached as Attachment B to this solicitation. F. Release of Funds (By Sheriff s Office Members) 1. Inmates leave the Highlands County Detention Center in the following ways: a. Release to another facility via the back door: All funds in the account are released in the form of a Highlands County Sheriff s Office Inmate Welfare Fund check.

7 b. Release via the front door: Inmates/Detainees released through the facility front door are free to go and as such are issued a Highlands County Sheriff s Office Inmate Welfare Fund check if the balance is more than $ Inmates with less than a $50.00 balance will be given cash when available. c. Released via Deportation: Detainees that are deported to their country of origin who have a positive balance will be issued a Highlands County Sheriff s Office Inmate Welfare Fund check. d. Inmates leaving the facility with a negative balance have said balance retained in the Banker System for a period of three years as allowed by law. G. Pre-Bid Meeting This RFP does requires attendance of a mandatory pre-bid meeting which is scheduled for October 24 th ; time TBD. This meeting will include a Facility walk-through. Any additional questions beyond the meeting and specifications as set forth in this RFP should be referred to the appropriate contact as outlined on the last page of this RFP. Additional Information resulting due to contact with any prospective Vendor that is deemed by the Sheriff to be of significance will be forwarded to all Vendors who have expressed an interest in this RFP as a numbered addendum. SECTION 5.0 SCOPE OF SERVICES A. GENERAL REQUIREMENTS 1. The Vendor shall provide Commissary Services and an Inmate Trust Fund Accounting System in compliance with all applicable state and federal laws and regulations, and in compliance with Florida Sheriff's Association s Model Jail Standards and the National Detention Standards as applicable. 2. The Vendor will provide a computerized Inmate Trust Fund Accounting Software System that is web based and accessible by the Sheriff, adhering to generally accepted accounting principles

8 and capable of being audited. All user security settings and management for agency users must be managed by agency Business Services Administrator and Accountant. The Inmate Trust Fund Accounting System must be approved by the Sheriff s Office. Data input/output using the Vendor s computerized Inmate Trust Fund Accounting Software System is owned by the Sheriff s Office. Reports available and generated by the accounting system must be in PDF form or exportable to excel. 3. Commissary services will be provided as set forth in this RFP; however the Vendor may propose an alternative system to that presently in place within its submitted proposal. For reconciliation of verified shortages, delivery errors and/or any out of stock items that were ordered, the Sheriff requires the Vendor to verify and deposit any refunds immediately back into the inmate s/detainee s trust account. 4. The Highlands County Sheriff s Office provides commissary services to approximately 500 inmates. The Facility mainly houses County inmates as well as Immigration detainees on short term basis. The Vendor will provide commissary and banking services to these entire populations during the term of the contract. 5. The Vendor and its employees are required to observe all rules and regulations of the Highlands County Sheriff s Office while on site at the Highlands County Detention Center. Any breach of security and/or facility rules and regulations may result in the vendor s employee being barred from the facility s premises and may provide grounds for termination of the contract. 6. The Vendor will carry general liability in the amount of one million dollars ($1, ) covering itself and the services provided by its employees, agents and/or Vendors and Workers Compensation insurance for all employees providing services under an Agreement resulting from this solicitation. Proof of such insurance must be submitted with bid proposals and updated throughout the term of the contract. Any such insurance will list the Highlands County Sheriff s Office as an additional insured and will provide annually, copies of insurance documents that are required. 7. Accounting Interface: The Vendor, at the Vendor s own expense, shall develop software interfaces between the Sheriff s Jail Management Software System, electronic medical records, the current inmate communication service provider and those Vendor s hardware and software as may be required to

9 successfully implement Inmate Commissary Services. These interfaces shall include all actions and/or transactions needed to accurately update individual inmate accounts, to reflect purchases and refunds. Inmate accounts shall be updated in real time in conjunction with the placement of a commissary orders. 8. The Vendor will provide and maintain a pick list of approved inventory items in English, Spanish and other languages as may be required by the Sheriff. 9. The Vendor will provide inmate automated commissary ordering services from the current inmate communication provider s video visitation stations or stand-alone kiosks provided by the vendor. The Vendor will use the appropriately identified format and methods to transfer information and maintain the integration of the automated commissary ordering services. 10. The Vendor will be required to maintain a real-time inmate prepaid sales integration with the banker system or current inmate communication provider. 11. Describe the accounting software and locations where the software is currently being utilized. Include all service and support methods for the software and initial and on-going training requirements for agency finance, commissary, and detention staff. 12. Describe the accounting software s capabilities and limitations. Provide examples of financial reports and spreadsheets generated by the software, for review and evaluation. B. INTEGRATION WITH CURRENT VENDORS 1. The Vendor must be prepared and able to work with current vendors supplying the Inmate Telephone System, and/or any Video Visitation System should the vendor propose to provide the Commissary ordering interface rather than stand-alone kiosks. 2. The commissary system must interact with either the County s inmate telephone system, video visitation system and/or standalone kiosks provided by the vendor. The Sheriff s Office would prefer the inmates/detainees to have one stop shopping for communication, visitation, trust, commissary, etc. 3. The Vendor shall work together with existing vendors to provide a seamless order and accounting system to inmates through the inmate telephones, kiosks and/or video visitation kiosks. Interface

10 with the jail management system is preferred due to the movement of inmates. C. TECHNICAL PROPOSAL / AVAILABILITY OF SERVICES 1. Commissary services will be provided as set forth in Section 6 of this RFP; however the Vendor may propose an alternative system to that presently in place within its submitted proposal. 2. Commissary services shall be provided in accordance with the schedule established by the facility and discussed in Section 6 of this RFP. The Vendor may propose deviations to the current schedule when submitting its proposal. refunds. 3. The Vendor shall identify its methods for handling damages and D. OPTIONAL SERVICES The Vendor may propose optional services and/or items within its proposal. These items are to be considered optional services by the Sheriff s Office in that the Sheriff may choose not to want to incorporate them into its commissary operation. In those instances where the listed services are considered by the Vendor as being integral to its baseline proposal, the Vendor shall note such in its submittal. SECTION 6.0 MINIMUM QUALIFICATIONS The following are minimum qualifications for consideration by the Office of the SHERIFF. Respondents not meeting these minimum qualifications as of the due date for the proposals will not be considered. VENDOR QUALIFICATIONS The Vendor must meet the minimum qualifications in order to be considered for the award of the contract. Companies not meeting these requirements will be disqualified from consideration. A. The Vendor must be duly organized for the purpose of providing Commissary Services with experience in institutional and/or correctional services. B. The Vendor must carry general liability insurance in the minimum amount of one million dollars ($1,000,000.00) covering itself and the services provided

11 by its employees, agents or Vendors and list the Highlands County Sheriff s Office as an additional insured with all liabilities associated with this contract. C. The Vendor must complete and submit with its proposal, all required attachments as set forth in this RFP. D. The Vendor must agree that all employees, officers or agents of the Vendor who shall physically provide services within the confines of the facility, as set forth in this RFP on site at the Highlands County Detention Center, must undergo a successful background check by the Sheriff s Office. SECTION 7.0 PROPOSAL SUBMISSIONS Each submission shall include, but not be limited to the following items: a. All applicable licenses and certifications b. Proof of insurance c. Experience d. Pricing of services listed in Section 5.0 SECTION 8.0 PROPOSAL PACKAGE The Vendor shall submit one (1) original proposal clearly identified as the original and (5) copies of the proposal clearly marked copy. A. TRANSMITTAL LETTER A brief letter or statement which provides the name and address of the Vendor: the name, title, and telephone number of the contact person for the Vendor; a statement that the proposal is in response to this RFP; and the signature, typed name and title of the person who is authorized to commit the Vendor to the proposal. B. TECHNICAL PROPOSAL (Tab Title Technical Proposal) This portion of the proposal must detail the qualifications of the Vendor and describe in detail, by item, the methods proposed by the Vendor to provide the services requested in the RFP. The Vendor should address each of the sections identified within this proposal and describe in detail, as required, how compliance will be met with the items outlined within the sections:

12 Section 5 (A). General Requirements (Items 1-12) Section 5 (B). Integration with Current Vendors (Items 1-3) Section 5 (C). Technical Proposal / Availability of Services (Items 1-3) Section 5 (D). Optional Services (as identified by vendor) C. COMMISSION PROPOSAL (Tab Title Commission Proposal) The Vendor shall provide its proposed commission schedule and the basis upon which the commission is predicated. 1. The base commission schedule bid should be predicated upon the base level of services to be provided by the Vendor. The Vendor shall clearly identify what services are inclusive of the base commission proposal. 2. The Vendor may also provide separate proposal(s) based upon optional services that the Vendor may offer as part of its proposal. These optional services shall be individually identified and priced so that the RFP review team can clearly understand the Vendor s proposal. D. IMPLEMENTATION PROPOSAL/SCHEDULE (Tab Title Implementation) 1. Each Vendor will provide a detailed implementation plan for all equipment/systems and services, including specific dates, times and access requirements for installation assuming award of a contract in late 2013 or early Include a discussion and detailed list of any requirements; the VENDOR will have of the SHERIFF to provide equipment space, utilities, cables, phone service, internet access, etc. 3. Describe the organization and staffing to be used for the project. 4. Upon a contract signing, the vendor must provide and identify a project manager, responsible for directing and overseeing implementation.

13 E. VENDOR IDENTIFICATION WORKSHEET (Tab 1) Each Vendor must submit this completed form with their proposal. This tab shall provide an overview/history of the company and a copy of the company s last two years financial statements including auditor notes. The Vendor must also provide a synopsis of any current litigation concerning the provision of commissary services to a governmental agency in the State of Florida. F. REFERENCES FORM (Tab 2) Each Vendor must provide the name, title, and telephone number of three references who can comment upon the performance of the Vendor. Vendors shall also disclose all Correctional Facilities within the State of Florida for which the Vendor holds a contract to provide Commissary services, either current or within the previous two years. G. CONFLICT OF INTEREST DISCLOSURE FORM (Tab 3) Vendors must submit this completed form with their proposal. H. COMPLIANCE WITH PUBLIC RECORDS LAW FORM (Tab 4) Vendors must submit this completed form with their proposal. I. PUBLIC ENTITY CRIMES AFFADAVIT FORM (Tab 5) Vendors must submit this completed form with their proposal. J. EXCEPTIONS (Tab 6) The Vendor should list any exceptions they may have with the RFP (Including general contractual requirements as set forth in Section 11 of this RFP) citing the section/item number. K. TECHNICAL DATA (Tab 7) Equipment Specifications/Technical Data) The Vendor shall use this tab to provide literature, photographs or technical information on specific equipment that the Vendor proposes to install in response to this RFP such as servers, Accounting Software, etc. If this proposal includes installing server or communications equipment within the Highlands County Detention Center, all items must fit within the current design of the IT structure and must be coordinated through the Highlands County Sheriff s Office Information Technology Administrator.

14 L. In submitting a proposal in response to this RFP, the Vendor agrees: 1. That the proposal as submitted shall be valid for a minimum of 90 days from opening of RFP. 2. That responding to this RFP does not constitute an offer of employment or to contract for services. 3. That the Highlands County Sheriff Office reserves the option to retain all proposals, wholly or in part, received by reason of this request. 4. That the Highlands County Sheriff s Office reserves the right to reject any and all bids and to negotiate with those Vendor(s) whose proposals are in keeping with the service provision requirements most advantageous to the Detention Center, and the residents of Highlands County. 9. BID EVALUATION CRITERIA A. BID EVALUATION COMMITTEE Received proposals will be evaluated by a five member committee comprised of the following individuals; The Major of Detention, The Business Administrator, The Sheriff s Office IT Administrator, The Sheriff s Office Accountant, and Detention Operations Captain. B. BID EVALUATION FACTORS 1. The committee shall review the bids and make a selection based upon the following criteria: Technical proposal of the Vendor and services offered. Ability of Vendor to provide additional services that will streamline the commissary process and provide the greatest value to inmates. Commission schedule. Vendor performance/reputation references will be reviewed and preference will be given to Vendors with a proven track record of success in correctional facilities of similar size or larger.

15 Financial strength of Vendor (It should be noted that this bid may not be awarded solely based upon the best commission schedule submitted.) 2. The Sheriff s Office reserves the right to reject any and all bids and to negotiate with those Vendor(s) whose proposals are in keeping with the service provision requirements most advantageous to the Highlands County Detention Center, and the residents of Highlands County. 10. ADDITIONAL INFORMATION A. INVOICES/STATEMENTS Invoices shall be sent to the Sheriff s Office on an agreed upon schedule identifying the inmate that commissary was purchased for, date(s) of purchase and amount of the purchase so that funds may be properly paid to the Vendor from the inmates trust account. All credits for items not filled will be credited immediately. The successful Vendor shall submit a monthly statement for commissary product sold to inmates in an auditable format which shall include total sales by month, non-commissionable sales, commissary percentage paid to the Sheriff s Office and total monthly commission amount paid. B. Invoices/Statements shall be submitted to the following address: Highlands County Sheriff s Office Attn: Finance 434 Fernleaf Ave. Sebring, Florida GENERAL CONTRACTUAL REQUIREMENTS A. The determination as to whether the Sheriff s Office utilizes a Vendor initiated contract inclusive of the terms and conditions as outlined within this RFP document or elects to draft the contract internally is at the sole discretion of the Sheriff s Office. B. The contract between the Highlands County Sheriff s Office and the successful Vendor shall also consist of (1) the request for proposal (RFP) and any amendments thereto and (2) the proposal submitted by the Vendor in response to the RFP. In the event of a conflict of language between the

16 two documents referenced above, the provisions and requirements of the RFP shall govern. During the contracted period of services if a conflict in responsibilities or dispute in services occurs, the conflict will be resolved by first review of the RFP, second the Vendor s proposal. C. During the term of the Agreement, any change to the original agreement including both non-cost changes to the scope of services described herein (Section 5, A), Vendors final submitted technical proposal (Section 5, B) and commission schedule (Section 8C) must be approved by and between the Vendor and the Sheriff's authorized representative in writing (signed by both parties) and shall be considered an addendum to the original Agreement. The Vendor expressly and explicitly understands and agrees that no other method and/or document, including correspondence and oral communications by or from any person, shall be used or construed as an amendment to the contract. D. The contract shall not bind the Highlands County Sheriff s Office for any contractual commitment for a minimum of three years which shall begin on the date the Sheriff of Highlands County signs the final contractual Agreement. The Highlands County Sheriff s Office shall have the right to extend the contract on a year to year or multi-year basis if it appears to be in the best interest of the Highlands County Detention Center and is agreeable with the Vendor. In the event that the Highlands County Sheriff s Office exercises this option, all terms, condition and provisions of the original contract shall remain the same and apply during the extension period unless negotiated otherwise and agreed upon in writing by both parties. If the Vendor agrees to the option and the option is exercised, the commission rates stated in the original contract shall not be changed unless agreed upon in writing by the Highlands County Sheriff s Office. E. The successful Vendor shall fully coordinate his/her operational activities in the performance of the Agreement with those of the Correctional Facility Major or his designee and shall coordinate all financial activities with the Business Administrator or Accountant. F. All materials, written or electronic, developed or acquired by the Vendor as a result of work under the contract, including inmate/detainee financial and personal information, shall be considered the exclusive property of the Sheriff s Office. G. If during the term of the Agreement the Sheriff requested, and the Vendor provided an inmate banking software system, then at the conclusion of the Agreement, the Sheriff would be granted a non-exclusive license to the proposed inmate banking software provided by the Vendor. This will insure the continuity of inmate accounting history and reporting and is a

17 mandatory requirement. H. Inasmuch as this Agreement is intended to secure the specialized services of the Vendor, The Vendor may not assign, transfer, delegate or subcontract their obligation herein without the prior written consent of the Sheriff s Office. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void. I. The Vendor represents itself to be an independent contractor offering such services to the general public and shall not represent itself or its employees to be employees of the Highlands County Sheriff s Office or the Highlands County Detention Center. The Vendor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, wage requirements, overtime, etc. and agrees to indemnify, save and hold Highlands County Sheriff s Office and its employees harmless from and against any and all kind of loss; cost and damage of any kind related to such matters. J. Upon filing for bankruptcy or insolvency, the Vendor must notify the Sheriff s Office Business Administrator immediately. Upon notification of such actions herein identified, the Highlands County Sheriff s Office reserves the right, at its sole discretion, to terminate the Agreement. K The Vendor shall comply with all local, state, and federal laws, the FSA Model Jail Standards and the National Detention Standards related to the performance of the contract. L. No provision in this document or in the Vendor's proposal shall be construed, expressed or implied, as a waiver by the Highlands County Sheriff s Office of an existing or future right and/or remedy available by law in the event of any claim of default or breach of contract. M. The Vendor understands and agrees that if the Highlands County Sheriff s Office, through review and evaluation of contractual performance, determines that the services being performed by the Vendor are unacceptable, the Sheriff s designated representative shall provide written notification of the deficiencies to the Vendor. The Vendor shall have ten (10) business days upon receipt of the notice of deficiency to correct the described deficiency (ies) and/or demonstrate just cause as to why the deficiency cannot be resolved within the specific time period. In either instance, the Vendor shall implement a corrective action plan and direct the response to the Business Administrator within the ten (10) day time period. If the Vendor does not correct the deficiency (ies), the Highlands County Sheriff s Office reserves the right to give notification of termination of the contract upon giving a thirty (30) days written notice to the Vendor.

18 N. The Highlands County Sheriff s Office reserves the right to terminate the Agreement without penalty or recourse by giving the Vendor a written notice of such termination at least sixty (60) days prior to termination. O. The Highlands County Sheriff s Office requires the following indemnification clause to be made part of the contract entered into with the selected Vendor: The Vendor, including its employees, agents and subcontractors shall hold harmless, indemnify, and defend the Highlands County Sheriff s Office its directors, officers, employees, representatives, and agents against any claim, action, loss, damage, injury, liability, cost and expense of whatsoever kind or nature (including, but not by way of limitation, attorney s fees and court costs) arising out of injury (whether mental or corporeal) to persons, including death, or damage to property, arising out of or incidental to the Vendor s, its employees, agent s, and/or subcontractor s negligent, reckless or intentionally wrongful performance of this Contract or work performed there under. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this agreement or otherwise. P. The Vendor agrees, in connection with furnishing of supplies or performance of work under the contract, to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal and state laws and regulations. Q. The Laws of the State of Florida shall govern the final Agreement between the Sheriff s Office and the Vendor. Venue shall be in Highlands County, Florida. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination. R. The Vendor agrees to the all data security requirements of the Sheriff s Office including ensuring that safeguards are in place and to prevent the unauthorized use or disclosure of inmate data and financial information. The Vendor also agrees that all data resulting due to entering into an Agreement with the Sheriff s Office shall become the exclusive property of the Sheriff s Office and shall be promptly returned to the Sheriff s Office upon request or at the conclusion of this Agreement. S. The Vendor agrees to allow the Sheriff s Office or its duly authorized representative full access to the Vendors financial and operational records governing this Agreement in order for the Sheriff s Office to ensure the Vendor is in compliance with required commission payments. This authorization shall survive expiration or other termination of this Agreement regardless of the cause of such termination for a period of five

19 (5) years from the date of the last transaction. T. The Sheriff, State, or United States Government may audit the records of the Vendor. Any audit required shall be submitted to the Sheriff by the Vendor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 6 months after the termination date of this contract. If such audit(s) show that inmates payments transmitted by the Sheriff s Office exceed the allowable costs that have actually been incurred by the Vendor under this contract, the Vendor shall pay to the Sheriff s Office within 30 days of demand by Sheriff, any excess amount. U. The Sheriff has the ultimate and ongoing authority and control over the establishment, maintenance, and operation of commissary services to inmates. Sheriff has the ultimate and ongoing authority as to the setting of prices for any and all items to be provided to inmates under this contract through commissary services. No price of any item to be provided to inmates under this contract through commissary services may be set and or changed without the express written approval of the Sheriff or designee.

20 ATTACHMENT A CURRENT COMMISSARY ORDER FORM/PRICING See attached currently in-force commissary order form presently in use at the Highlands County Detention Center. ATTACHMENT B COMMISSARY SALES / COMMISSION HISTORY Commission history for the Highlands County Detention Center from October 2011 to August 2013 reflecting commission percentage, net sales, and commission amount paid.

21 Tab 1 Vendor Identification Worksheet Type or print the following information: Company Name: Corporate Address: (City) (State) (Zip) Name: Title: Telephone: ( ) Fax: ( ) Years in business: Number of employees: Name of Insurance carrier: Public Liability: Workers Compensation: Expires: Expires: Federal Tax Identification Number: DUNNS Number: Litigation: Provide synopsis of any litigation with Governmental Agencies in the State of Florida within this tabbed Section. Financial Statement: Provide copies of the past two (2) years financial statements with auditor s notes within this tabbed Section. THIS FORM AND ATTACHMENTS MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL

22 Tab 2 References Form #1 Agency Address City,State,ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: #2 Agency Address City,State,ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: #3 Agency Address City,State,ZIP Contact Person Telephone Date(s) of Service Type of Service Comments:

23 TAB 3 - Conflict of Interest Disclosure Form I HEREBY CERTIFY that I (printed name) am the (title) and the duly authorized representative of the firm of (Firm Name) whose address is and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and, Except as listed below, no employee, officer, or agent of the firm have any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, This proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. EXCEPTIONS (List) Signature: Printed Name: Firm Name: Date: Sworn to and subscribed before me this day of 2011 Personally Known OR Produced Identification, Type of Identification My Commission Expires (Printed, typed or stamped commissioned name of notary) THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL

24 Tab 4 - Compliance with Public Records Law Form Upon award recommendation or ten (10) days after opening, submittals become public records and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the solicitation, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. If you submit information exempt from public disclosure, you must identify with specificity which page(s)/paragraph(s) of your proposal package is (are) exempt from the Public Records Act and identify the specific exemption section that applies to each. The protected information must be submitted to the Sheriff s Office in a separate envelope marked accordingly. By submitting an offer in response to this solicitation, you specifically agree to defend and indemnify the Highlands County Sheriff, the Highlands County Sheriff s Office, and its officers, employees and agents, and hold them harmless from any claim or liability and defend any action brought against them for their refusal to disclose material you have identified within your proposal as copyrighted material, trade secrets or other proprietary information to any person making a request therefore. Company Name: Authorized representative (printed): Authorized representative (signature): Date: Project Number: RFP: (Commissary Services) THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL

25 Tab 5 - Public Entity Crimes Affidavit Form SWORN STATEMENT PURSUANT TO SECTION (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to HIGHLANDS COUNTY SHERIFF'S OFFICE by [print individual s name and title] for [print name of entity submitting sworn statement] whose business address is and (if applicable) it Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph (1)(g), Florida Statues, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph (1) (b), Florida Statues, means a finding of guilt or conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph (1) (a), Florida Statues, means: - A predecessor or successor of a person convicted on a public entity crime; or - An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

26 5. I understand that a "person" as defined in Paragraph (1) (e), Florida Statues, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted Proposer list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1(ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION , FLORIDA STATUES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] Sworn to and subscribed before me this day of, Personally Known OR Produced Identification, Type of Identification My Commission Expires (Printed, typed or stamped commissioned name of notary) THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL

27 DESIGNATED CONTACTS FOR THESE RFP S For questions regarding bid submittal procedures and insurance requirements: Highlands County Sheriff s Office Lisa Burley, Business Administrator 434 Fernleaf Avenue Sebring, FL Phone: lburley@highlandssheriff.org For questions regarding the details of the RFP: Highlands Sheriff s Office Captain Paul Blackman, Detention Bureau 434 Fernleaf Avenue Sebring, FL Phone: pblackman@highlandssheriff.org For questions regarding the details of the Technical Data Section: Highlands Sheriff s Office Robert Jordan, Information Services Administrator 434 Fernleaf Avenue Sebring, FL Phone: rjordan@highlandssheriff.org Any other contacts may be considered as lobbying and could result in disqualification of the involved vendor from further consideration in this RFP. Decisions regarding lobbying shall be made at the sole discretion of the Sheriff s Office.