CN-700000-20009.pdf

Agency Term Contract

ATC-20-009

Interstate Extradition Services

(Rev. 10/18/2019) Page 1 of 62

This Contract is between the State of Florida, Department of Corrections (Department), an agency of the State of Florida with offices at 501 S. Calhoun Street, Tallahassee, FL 32399, and Gun

Girls Inc., (Contractor). The Department and Contractor are collectively referred to herein as

“Parties,” and individually as a “Party.” All capitalized terms shall have the meaning assigned to them in the Contract, unless otherwise defined here.

The Contractor responded to the Department’s Invitation to Bid (ITB), No: FDC ITB-19-091, Interstate Extradition Services. The Department has accepted the Contractor’s bid and Negotiated

Pricing and enters into this Contract in accordance with the terms and conditions of ITB-19-091, and Section 287.057(5), Florida Statutes (F.S.).

Accordingly, and in consideration of the mutual promises contained in the Contract, the Parties agree as follows:

I. Scope of Work

The services to be provided by the Contractor pursuant to this Contract are defined and described in Exhibits A and B.

II. Contract Term

The initial term of Contract is for five (5) years. The initial Contract term shall begin on June 9, 2020, or on the last date in which it is signed by all Parties, whichever is later.

III. Renewal Terms

The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed five (5) years, or portions thereof, at the renewal pricing specified in the

Contractor’s original submission, upon mutual agreement of the Parties as set forth in the

Contract.

IV. Contract

This Contract, together with the following attached documents (Exhibits), sets forth the entire understanding of the Parties and supersedes all prior agreements, whether written or oral, with respect to such subject matter.

All Exhibits attached to this Contract are incorporated in their entirety and form as part of this

Contract. The Contract has the following Exhibits:

a) Exhibit A: FDC ITB-19-091 and all Addenda; and

ATC 20-009

(Rev. 10/18/2019) Page 2 of 62

b) Exhibit B: Contractor’s negotiated Pricing for FDC ITB-19-091.

In case of conflict, the documents shall have priority in the order listed:

a) The Agency Term Contract;

b) Exhibit A: FDC ITB-19-091 and all Addenda; then

c) Exhibit B: Contractor’s negotiated Pricing for FDC ITB-19-091.

V. Amendments

No oral modifications to this Contract are acceptable. All modifications to this Contract must be in writing and signed by both Parties, except changes to Section VII., below. Any future amendments of the Contract, which alter the definition of the services, shall define the services in the same format as Exhibit A.

Notwithstanding the order listed in Section IV, amendments issued after Contract execution may expressly change the provisions of the Contract. If an amendment expressly alters the Contract, then the most recent amendment will take precedence.

VI. Contract Notices

In addition to the provisions in Section 38 of Form PUR 1000 (10/06), Contract notices may be delivered by email to the Contractor’s designated contact person as prescribed in Section VII.

VII. Contract Management

The Department employee who is primarily responsible for maintaining the Contract

Administration file is:

Contract Administrator

Bureau of Procurement

Florida Department of Corrections

501 S. Calhoun Street, Suite 327

Tallahassee, FL 32399

Telephone (850) 717-3700

The Department’s Contract Manager is:

Vicki Newsome, Bureau Chief

Office of Institutions

Florida Department of Corrections

501 S. Calhoun Street

Tallahassee, FL 32399-2500

Telephone (850) 717-3529

(Rev. 10/18/2019) Page 3 of 62

Email: vicki.newsome@fdc.myflorida.com

The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the Contract, by sending written notice to the Contractor. Any communication to the Department relating to the Contract shall be addressed to the Department’s Contract

Manager, or designee.

The Contractor has assigned the following individual(s) to serve as the designated contact person for this Contract:

Primary Contact:

Susan Kushlin, President

Gun Girls, Inc.

13080 Rosewood Lane

Palm Beach Gardens, Florida 33418

Telephone (561) 213-7898

Email: gungirlsusan@gmail.com

All questions and customer service issues concerning this Contract shall be directed to the

Contractor’s designated contact person(s), above. It will be the designated contact person’s responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues. The Contractor must provide written notice to the Department’s

Contract Manager, or designee, if a new employee is designated as the contact person for this

VIII. Termination

A. Termination at Will

This Contract may be terminated by either Party at will upon no less than 30 calendar days’ written notice, unless a shorter period of time is mutually agreed upon by both

Parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in person with proof of delivery.

B. Termination Due for Lack of Funds

In the event funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than 24 hours’ written notice to the Contractor.

Notice shall be delivered by certified mail (return receipt requested), facsimile, by other method of delivery whereby an original signature is obtained, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds.

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, the Department can terminate the Contract for cause. The Department may elect to afford, at its exclusive option, an mailto:vicki.newsome@fdc.myflorida.com mailto:gungirlsusan@gmail.com

(Rev. 10/18/2019) Page 4 of 62 opportunity for the Contractor to cure the breach for cause within 30 calendar days upon written notice by the Department. Any breach of this Contract which is still left uncured by the Contractor after the Department has elected to provide 30 calendar days to cure (remedy) the breach, may result in the Department’s termination of this

Contract upon 24 hours written notice by the Department. If the Department does not elect to afford an opportunity for the Contractor to cure a breach (e.g. instances of egregious Contractor conduct or other Contractor actions which may be harmful to the

Department), the Department may immediately terminate this Contract for cause, upon

24 hours’ written notice to the Contractor, as described in this section. Notice shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another method of delivery whereby an original signature is obtained. If applicable, the Department may employ the default provisions in Chapter 60A-1, Florida Administrative Code (F.A.C.). The provisions herein do not limit the

Department’s right to remedies at law or to damages.

D. Termination for Unauthorized Employment

Violation of the provisions of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract.

IX. Assignment

The Contractor shall not assign its responsibilities or interests under this Contract to another party without prior written approval of the Department’s Contract Manager, or designee. The

Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations under this Contract to another governmental agency of the State of Florida upon providing written notice to the Contractor.

X. Subcontracts

The Contractor is fully responsible for all work performed under this Contract. The Contractor may, upon receiving written consent from the Department’s Contract Manager, or designee, enter into written subcontract(s) for performance of certain obligations under this Contract. No subcontract, into which the Contractor enters with respect to performance of any obligations, shall in any way relieve the Contractor of any responsibility for the performance of its contractual duties.

All payments to subcontractors shall be made by the Contractor.

It is understood and agreed that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities under this Contract. All subcontractors are subject to the same background check requirements as are referenced in Exhibit A.

XI. Price Decreases

Any price decrease effectuated during the Contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to

(Rev. 10/18/2019) Page 5 of 62 all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated. All prices are firm and shall be held for the duration of the Contract term. Equitable price adjustments shall only be considered if they are received and justified in accordance with the PUR

1000, as referenced in Exhibit A.

XII. Additions/Deletions

During the term of the Contract, the Department reserves the right to add or delete the number of commodities or services, when considered to be in its best interest. Pricing shall be comparable to amounts awarded. Further, the Department reserves the right to add or delete institutions and/or satellite facilities to the list of delivery locations.

XIII. Delivery

Product(s) shall be shipped as Free on Board (FOB) to the designated destination, and arrive within 30 days of Purchase Order issuance, or at the time mutually agreed upon between both

Parties. Deliveries of goods, or provision of services, must be made between 8:30 a.m. to 4:00 p.m., local time, Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Contract.

XIV. Other Conditions

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the

Department in order to perform the service; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract if the Contractor does not transfer the records to the Department; and (d) upon completion of the

Contract, transfer, at no cost, to the Department all public records in possession of the

Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department. Pursuant to

§287.058(1)(c), F.S, the Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or

(Rev. 10/18/2019) Page 6 of 62 other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from §24(a) of Art. I of the State Constitution and either

§119.07(1), F.S. or §119.071, F.S.

If the Contractor has questions regarding the application of

Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to this Contract, contact the custodian of public records at:

Florida Department of Corrections

ATTN: Public Records Unit

501 South Calhoun Street

Tallahassee, Florida 32399-2500

Telephone: (850) 717-3605

Fax: (850) 922-4355

Email: CO.PublicRecords@fdc.myflorida.com

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintains confidentiality with reference to individual receiving services in accordance with applicable local, state, and federal laws, rules and regulations. The Department and the Contractor agree that all information and records obtained in the course of providing services under this Contract shall be subject to confidentiality and disclosure provisions of applicable federal and state statutes and regulations adopted pursuant thereto.

The Contractor agrees to keep all Department personnel information (i.e. FDC staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person, unless released in writing by the Department.

C. Disputes

Any dispute concerning performance of the terms of this Contract shall be resolved informally by the Contract Managers. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Department’s Chief Financial Officer

(CFO), or designee. The Department’s CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the Parties, the Contract Managers and the Department’s Contract Administrator.

D. Notices

All notices required or permitted by this Contract shall be given in writing and by hand-delivery or email to the respective Parties. All notices by hand-delivery shall be mailto:CO.PublicRecords@fdc.myflorida.com

(Rev. 10/18/2019) Page 7 of 62 deemed received on the date of delivery and all notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable.

Both Parties may change their contact information and Contract Manager by written notice given to the other Party as provided above.

E. Prison Rape Elimination Act (PREA)

The Contractor shall report any violations of the Prison Rape Elimination Act (PREA)

Federal Rule 28 C.F.R. Part 115 to the Department’s Contract Manager.

F. Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this Contract. The

Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the

Contractor and the Department under this Contract. Upon the execution of this

Contract, the Contractor shall furnish the Department’s Contract Manager, or designee, written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the

State of Florida. The Department reserves the right to require additional insurance where appropriate.

If the Contractor is a state agency or subdivision as defined in Section 768.28, F.S., the Contractor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any Party’s liability beyond that provided in Section 768.28., F.S.

G. Employee Status

This Contract does not create an employee/employer relationship between the Parties.

It is the intent of the Parties that the Department and Contractor are independent contractors under this Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the

Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal

Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The Parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Contract shall be those of each individual Party. Services provided by each Party pursuant to this Contract shall be subject to the supervision of each

Party. In providing such services, neither Party nor its agents shall act as officers, employees, or agents of the other Party. The Parties agree that they are separate and independent enterprises, and that each has the ability to pursue other opportunities.

(Rev. 10/18/2019) Page 8 of 62

This Contract shall not be construed as creating any joint employment relationship between the Parties and neither Party will be liable for any obligation incurred by the other Party, including, but not limited to, unpaid minimum wages and/or overtime premiums.

H. Force Majeure

Neither Party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption or performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

I. Annual Appropriation

The State of Florida’s and the Department’s performances and obligations to pay for goods and services under this Contract are contingent upon an annual appropriation by the Legislature. The costs of services paid under any other Contract or from any other source are not eligible for reimbursement under this Contract.

J. Cooperation with Inspector General

In accordance with Section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing concerning this Contract.

K. Scrutinized Companies Contractor Certification

The Contractor certifies they are not listed on the Scrutinized Companies that Boycott

Israel List, created pursuant to Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the resulting Contract exceeds $1,000,000.00 in total, not including renewal years, the Contractor certifies that they are not listed on either the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Sections

215.473, F.S., and 215.4725, F.S., and further certifies they are not engaged in business operations in Cuba or Syria. Pursuant to Sections 287.135(5), F.S., and

287.135(3), F.S., the Contractor agrees the Department may immediately terminate the resulting Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy

Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or has engaged in business operations in Cuba or Syria during the term of the resulting Contract. Any company that submits a bid or proposal for a

Contract, or intends to enter into or renew a Contract with an agency or local

Page 10 of 62 FDC ITB-19-091

EXHIBIT A

INVITATION TO BID (ITB)

FOR

INTERSTATE EXTRADITION SERVICES

FDC ITB-19-091

RELEASED ON

February 4, 2020

By the:

Florida Department of Corrections

Bureau of Procurement

501 S. Calhoun Street

Tallahassee, FL 32399-2500

(850) 717-3700

Refer ALL Inquiries to

Procurement Officer:

Charlotte Shorter-Rumlin purchasing@fdc.myflorida.com mailto:purchasing@fdc.myflorida.com

Page 11 of 62 FDC ITB-19-091

TABLE OF CONTENTS

TIMELINE

SECTION 1.0 - INTRODUCTORY MATERIALS

1.1 Statement of Purpose

1.2 Contract Term and Renewal

1.3 Conflicts and Order(s) of Precedence

1.4 Definitions

SECTION 2.0 - SCOPE OF WORK

2.1 Specifications

2.2 Licensure Requirements

2.3 Rules and Regulations

2.4 Extradition Service Tasks

2.5 Escape During Transportation

2.6 Medical Emergency During Transport

2.7 Conduct and Safety Requirements

2.8 Staffing Level, Qualifications, Training and Education

2.9 Staff Background/Criminal Records Checks

2.10 Reporting Requirements

SECTION 3.0 - NON-TECHNICAL SPECIFICATIONS

3.1 Performance Measures and Financial Consequences

3.2 Deliverables

3.3 Addition/Deletion of Services or Locations

3.4 Records and Documentation

3.5 Vendor Ombudsman

3.6 Payment and Invoicing

SECTION 4.0 - PROCUREMENT RULES AND INFORMATION

4.1 General Instructions to Respondents (Form PUR 1001)

4.2 Bidder Inquiries

4.3 Cost of Bid Prepration

4.4 Instructions for Bid Submittal

4.5 Price Page

4.6 Mandatory Documentation

4.7 Disclosure of Bid Submittal Contents

4.8 Bid Opening

4.9 Bid Evaluation

4.10 Basis of Award

4.11 Disposal of Bids

4.12 Bid Rules for Withdrawal…………………………………………………………………………...25

4.13 Addenda……………………………………………………………………………………………...25

4.14 Verbal Instruction Procedures/Discussions

4.15 No Prior Involvement and Conflict of Interest

4.16 State Licensing Requirements

4.17 MyFloridaMarketPlace (MFMP) Registration

4.18 Confidential, Proprietary, or Trade Secret Material

4.19 E-Verify

4.20 Vendor Substitute W-9

4.21 Scrutinized Companies Certification

4.22 Identical Tie Bids

4.23 Rejection of Bids…………………………………………………………………………………….28

4.24 Inspector General…………………………………………………………………………………...28

4.25 Protest Procedures………………………………………………………………………………….28

4.26...Cooperation with the Florida Senate and Florida House of Representatives……….………..28

Page 12 of 62 FDC ITB-19-091

SECTION 5.0 - SPECIAL CONDITIONS

5.1 General Contract Conditions (PUR 1000)…………………………………………………………29

5.2 Modifications After Contract Execution……………..……………………………………………..29

5.3 State Initiatives……………………………………………………………………………………….29

5.4 Subcontracts

5.5 Copyrights, Right to Data, Patents and Royalties

5.6 Independent Contractor Status

5.7 Assignment

5.8 Severability

5.9 Use of Funds for Lobbying Prohibited

5.10 Employment of Department Personnel

5.11 Legal Requirements....................................................…………………………………………..32

5.12 Insurance...........................................……………………………………………………………..32

5.13 Annual Appropriation………………………………………………………………………………..32

5.14 Tax Exemption…………………………….………………………………………………………...33

5.15 Prison Rape Elimination Act (PREA)…….………………………………………………………..33

ATTACHMENT I Delivery Locations.............................................……………………………34

ATTACHMENT II Price Page

ATTACHMENT III Bidder’s Contact Information and Certification

ATTACHMENT IV Certification of Drug Free Workplace Program

ATTACHMENT V Security Requirements

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Page 13 of 62 FDC ITB-19-091

EVENT DATE/TIME LOCATION

Release of ITB February 4, 2020 Vendor Bid System http://www.myflorida.com/apps/vbs

Last day for written Inquiries to be received by the Department

March 3, 2020 By 5:00 p.m., Eastern

Time

Submit to:

Florida Department of Corrections Charlotte Shorter-Rumlin, Procurement Officer Email: purchasing@fdc.myflorida.com

Anticipated Posting of Written Responses to

Written Inquiries March 17, 2020

Vendor Bid System;

http://www.myflorida.com/apps/vbs

Sealed Bids Due and Opened

April 2, 2020 2:00 p.m., Eastern

Time

Submit to:

Florida Department of Corrections Charlotte Shorter-Rumlin, Procurement Officer 501 South Calhoun Street Tallahassee, Florida 32399-2500

Anticipated Posting of Recommended Award

April 28, 2020 Vendor Bid System;

http://www.myflorida.com/apps/vbs

TIMELINE

FDC ITB-19-091

http://www.myflorida.com/apps/vbs mailto:purchasing@fdc.myflorida.com

Page 14 of 62 FDC ITB-19-091

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

Pursuant to Section 287.057(1)(a) Florida Statutes (F.S.), this Invitation to Bid (ITB) is being issued to secure competitive Responsive Bids, from qualified and Responsible Bidders, to provide interstate Extradition services, which includes, but is not limited to, the secure pickup/delivery of Inmates/Offenders by ground or air transportation, within the parameters defined in this ITB. The Department is issuing this solicitation to establish a new resulting Agency Term Contract (ATC).

1.2 Contract Term and Renewal

As a result of this ITB, the successful Responsible Bidder will be awarded a five (5) year ATC, which may be renewed for up to five (5) renewal years, or portions thereof, in accordance with Section 287.057(13), F.S., at the same prices, terms, and conditions.

Purchases may be accomplished through the issuance of MyFloridaMarketPlace (MFMP) Purchase Orders (POs).

1.3 Conflicts and Order(s) of Precedence

All Bids are subject to the terms of the following sections of this ITB, which in case of conflict shall have the following order of precedence:

1) Addenda, in reverse order of issuance;

2) Invitation to Bid (ITB), including attachments;

3) General Contract Conditions (Form PUR 1000) (Section 5.1); then

4) General Instructions to Respondents (Form PUR 1001) (Section 4.1)

1.4 Definitions

The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

a. After Hours: Hours occurring before or after the normal hours of business operations; typically, before 8:00 a.m. and after 5:00 p.m.

b. Agency Term Contract (ATC or Contract): A written master agreement between the Department and awarded Bidder that is mandatory for use by the entire Department, results from this ITB, and from which POs shall be issued.

c. Aggressive Tendencies: A term used to classify an Inmate’s/Offender’s behavior who has as an element to use, attempt to use, or threatens use of physical force against the person or property of another, or that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

d. Bid: A Bidder’s response to this ITB, which the Bidder shall submit on approved forms, and in accordance with the instructions herein.

e. Bidder or Vendor: A legally qualified corporation, partnership, or other entity submitting a Bid to the Department, pursuant to this ITB.

f. Business Day: Days Monday through Friday of a work week, to exclude State holidays.

Page 15 of 62 FDC ITB-19-091

g. Business Hours: The normal hours of business operations; typically, between the hours of 8:00 a.m. and 5:00 p.m.

h. Day: A calendar day unless otherwise noted.

i. Close Custody: Inmates who must be located within an armed perimeter or under direct, armed supervision when outside of a secure perimeter.

j. Community Custody: Inmates who are eligible for placement at a community release center.

k. Contract Manager: The person designated by the Department as responsible for performance oversight of the Contract. This may involve carrying out the preparations for contracting and negotiating changes under the Contract. The Department’s Contract Manager, or designee, will be designated in the Contract.

l. Deliverables: Those services, items, and/or materials provided, prepared and delivered to the Department in the course of Contract performance. Deliverables are specifically described in Section 3.2 of this ITB.

m. Department (FDC): The Florida Department of Corrections.

n. Extradition: The act where one (1) jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to law enforcement in the jurisdiction in which the crime was committed.

o. Extreme Escape Risk: An Inmate who is identified as having the propensity to attempt an escape as determined by the presiding law enforcement agency, and who is/was charged with, or convicted of, a violent crime.

p. Incidental Contact: Any contact which occurs unexpectedly or by chance.

q. Inmate(s): An individual that is incarcerated by the Department.

r. Interstate Agreement on Detainers (IAD): An agreement entered into by all states in the U.S., with the exception of Louisiana, Mississippi, and Puerto Rico, which provides for the temporary transfer of Inmates who are wanted by other states for trial on criminal charges.

s. Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Bidder to be considered responsive to this solicitation. Failure to meet these responsiveness requirements will cause rejection of a Bid.

t. Material Deviation(s): A deviation found that if, in the Department’s sole discretion, renders a bid not in substantial accord with the ITB’s requirements, provides a substantial competitive advantage to one (1) Bidder over other Bidders, or has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

u. Maximum Custody: Inmates who are under a sentence of death.

Page 16 of 62 FDC ITB-19-091

v. Medium Custody: Inmates who are eligible for placement at a work camp with a secure perimeter but who are not eligible for placement in an outside work assignment without armed supervision.

w. Minimum Custody: Inmates who are eligible for outside work assignments but not for placement at a community release center.

x. Minor Irregularity: A variation from the ITB terms and conditions, not giving the

Bidder a substantial competitive advantage or benefit not enjoyed by other

Bidders, and not adversely impacting the interests of the Department.

y. Offender(s): A person who has committed a crime, and is under the supervision of the Department, but not currently incarcerated by the Department.

z. Officer In Charge (OIC): The Department’s Correctional Officer Captain or

Lieutenant who is responsible for the operations and activities of a work shift.

aa. Responsible Bidder: A Bidder who has the capability to fully perform all aspects of the resultant PO requirements, and the integrity and reliability to ensure good faith performance.

bb. Responsive Bid: A Bid, submitted by a Responsible Bidder, which conforms in all material aspects of the solicitation.

cc. Specifications: The detailed conditions and requirements of the ITB, and any

Contract(s), including technical specifications, and other descriptions of the work, as set forth in the ITB documents.

dd. Subcontract: An agreement between the Bidder and any other person, or organization, wherein that person or organization agrees to perform any requirement(s) for the Bidder, specifically related to securing, or fulfilling, the Bidder’s obligations to the Department, under the terms of the Contract. The successful Bidder is not relieved of its obligations under the Contract when it utilizes subcontracted Vendors.

ee. Transport Officer: An officer employed by the Bidder who is responsible for the security and transport of an Inmate/Offender.

ff. Use of Force: The physical force used on an Inmate/Offender only when, and to the degree, that is reasonably necessary to control a situation.

Page 17 of 62 FDC ITB-19-091

SECTION 2.0 SCOPE OF WORK

2.1 Specifications

The successful Bidder shall provide interstate Extradition services, which include, but are not limited to, secure pickup and delivery of Inmates/Offenders by ground or air transportation as directed by the Department. The Bidder shall also provide the most economical means of meeting the needs for interstate Extradition services, as required by Section 944.597, F.S. No deviations from the minimum service requirements shall be permitted without the prior written approval of the Department. Services shall meet or exceed the minimum service requirements outlined in this ITB. The Bidder shall act in good faith in the performance of all Contract provisions. Services will be sought primarily along the East Coast and mileage will be paid from point of pick up to point of drop off.

2.2 Licensure Requirements

2.2.1 All of the Bidder’s personnel providing services under the Contract must be licensed as required by Title 49 Code of Federal Regulations (CFR) § 383, which states that no personnel shall be allowed to operate a vehicle unless they possess the appropriate valid driver’s license. Personnel employed by the Bidder shall be required to produce their license upon demand by any authorized Department employee. The Bidder shall have a “Satisfactory” Safety Rating with the Federal Department of Transportation (DOT).

2.2.2 The Bidder shall hold a current, valid, and unrestricted Class “B” State of Florida license pursuant to Chapter 493, F.S., Part III Private Security Services.

2.2.3 All transporting personnel employed by the Bidder shall hold current, valid, and unrestricted Class “D” and Class “G” licenses pursuant to Chapter 493, F.S., Part III, Private Security Services.

2.2.4 All transporting personnel employed by the Bidder shall hold a current and valid license to carry a concealed weapon or firearm in accordance with Section 790.06, F.S., and shall carry a firearm at all times while transporting Inmates/Offenders, in accordance with Section 2.4.2., Transportation, of this ITB.

2.2.5 The Bidder shall:

2.2.5.1 Possess and maintain all current copies of all required State and federal licenses, permits, registrations and insurance documentation;

2.2.5.2 Ensure all required operating licenses, permits, registrations and insurance are acquired prior to the execution of any Contract;

2.2.5.3 Post licenses and permits on each transporting vehicle, in accordance with statutory requirements and Department policy. Licenses shall be posted in a place visible to Department personnel; and

2.2.5.4 Maintain current copies of the face-sheet of the current insurance policy showing appropriate and sufficient coverage

2.2.6 The Bidder shall ensure all required licenses, permits, and registrations remain current and in good standing throughout the term of the Contract. Any revisions or renewals to the above documents made during the Contract term shall be submitted to the Department’s Contract Manager, or designee, within 15 calendar days of revision or renewal. Certificates of Insurance shall be provided to the

Page 18 of 62 FDC ITB-19-091

Department’s Contract Manager, or designee, annually based upon coverage expiration date or date of Contract execution.

2.3 Rules and Regulations

The following laws, rules and regulations are incorporated herein by reference, and made part of the Contract, as if fully stated.

2.3.1 While providing transportation services to the Department, at no time shall any of the Bidder’s employee wear clothing that closely resembles or could reasonably be mistaken for an Inmate’s uniform, or any correctional officer’s uniform, or that bears the logo or other identifying words or symbols of any law enforcement or correctional department or agency. The Bidder shall provide a uniform that represents their company but shall comply with the Department’s dress code.

2.3.2 The Bidder shall comply with Section 944.597, F.S., as it relates to the transportation and return of prisoners by private transport company.

2.3.3 The Bidder shall ensure that the Inmates/Offenders are safely transported, shall adhere to the maximum driving times and on-duty times as outlined in Title 49 CFR § 395.3.

2.3.4 The Bidder shall comply with Rule 33-603.201, Florida Administrative Code F.A.C., except as it relates to a “trailing escort vehicle,” as adopted, and as may be amended, at all times that the Contract is in effect.

2.3.5 The Bidder shall comply with Title 49 CFR § 387.33, which requires “any vehicle with a seating capacity of 15 passengers or less” to carry liability insurance in the amount of the $1,500,000. Vehicles with a seating capacity of 16 passengers or more shall carry $5,000,000 in liability insurance. This is considered to be general liability insurance, and the Bidder shall have all documentation required under Title

49 CFR § 387.33.

2.3.6 Should any related laws, statutes, standards, rules or regulations, Department procedures or directives change during the course of the Contract, the updated version will take precedence. The Bidder shall agree to modify its service pickup or delivery, including the addition or expansion of services, in order to meet or comply with changes required by operation of law or due to changes in any applicable practice standards or regulations.

2.3.7 The Bidder shall ensure that any person providing services under the Contract complies with prevailing ethical and professional standards, and all relevant laws, statutes, standards, rules and regulations, and Department procedures or directives.

2.3.8 The Bidder shall ensure that all staff providing services under the Contract review all associated updates of laws, rules, procedures, and forms that relate to their work assignments before a Transport Officer provides services for the Department.

2.3.9 The Bidder shall provide additional training, as needed, to promote the understanding of the Contract requirements, and ensure proper compliance with new or revised laws, rules, regulations, procedures and forms as it relates to completing the tasks of the Contract.

Page 19 of 62 FDC ITB-19-091

2.3.10 The Bidder shall maintain a sign-in sheet documenting employees’ signatures to affirm that each person has read the relevant Department policies and procedures and understands them before the employee provides services to the Department.

This must be completed annually for the entire term of the Contract.

2.3.11 The Department is not responsible for any professional or non-professional education/training required for the Bidder’s staff to perform duties under the

2.3.12 The Bidder shall ensure that all staff providing air transport services to the Department are qualified and authorized by the Transportation Security Administration (TSA) to fly while in possession of a firearm in order to transport an Inmate/Offender while on a plane, as required.

2.3.13 The Bidder shall establish and/or maintain an interstate destination network sufficient to ensure the provision of all services outlined in this ITB.

2.3.14 All Inmates/Offenders shall be transported in accordance with federal and State statutes, rules and regulations, and relevant Department rules and regulations, policies and procedures to ensure the safety and security of the Inmates/Offender(s), assigned staff, and the public, while providing humane and professional treatment to the Inmates/Offenders. All related laws, statutes, rules, and regulations are incorporated herein by reference and are made a part of this ITB and any Contract.

2.4 Extradition Service Tasks

2.4.1 Care and Custody

2.4.1.1 The Department will provide a minimum of 10 calendar days’ notice (this includes weekends and holidays) to the Bidder, detailing Extradition services required for Inmate/Offender transportation. Upon written, notification by the Department, the Bidder shall take custody of those individuals who are to be extradited on, or prior to, the pickup date provided. The Bidder shall transport the Inmate/Offender to the location designated by the Department within 15 business days, unless otherwise authorized by the Department’s Contract Manager, or designee. In the event the Department provides notice of a transportation need less than the established 10 calendar days’ notice for reasons outside of the Department’s control, the Bidder shall make a reasonable effort to accommodate the request. However, if the Bidder is unable to provide transportation services, the Department reserves the right to seek other means of Extradition services from any other available source, in accordance with State procurement guidelines. If the Bidder is unable to take custody of the Inmate/Offender by the required pickup date, and the Department has given the minimum 10 calendar days’ notice, the Bidder shall ensure that the Inmate/Offender is detained appropriately until pickup can be secured, at the Bidder’s expense. Payment of costs associated with any delay in the pickup of an Inmate/Offender will be the responsibility of the Bidder.

2.4.1.2 The Bidder shall assume custody of the Inmates/Offenders from the legally authorized agents of the Department, such as other law enforcement agencies designated by the Department, and shall transport Inmates/Offenders to a facility designated by the Department.

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2.4.1.3 The Bidder shall provide all Inmates/Offenders with three (3) meals per 24-hour period during which the Inmate/Offender is being transported or lodged. Two (2) of the three (3) meals must be hot meals, from “fast food” type restaurants. The cost of all meals shall be the responsibility of the Bidder.

2.4.1.4 The Bidder shall provide a verbal report to the Department’s Contract

Manager, or designee, as soon as possible, but no later than 24 hours after the occurrence of any incidents such as: Abuse or accidents, Use of Force, driver violations or other unusual incidents which have occurred during the transportation of Inmates/Offenders by the Bidder. If the incident occurs on a weekend or holiday in which the 24-hour requirement cannot be met by the Bidder, the Bidder shall notify the Department’s emergency action center duty officer, and shall provide a telephone number which will be relayed to the Department’s Contract Manager, or designee, for follow-up contact. The verbal report shall be followed by a written report within five

(5) business days of the incident. These reports shall include specific names of Inmates/Offenders and employee(s) involved, as well as full disclosure of the pertinent facts surrounding the incident. Failure to report incidents, falsification of reports, coercing or attempting to coerce others not to report or to falsify reports, or any other violations of State or federal law, rule or regulation, may result in the imposition of criminal charges and/or immediate termination of the Contract.

2.4.2 Transportation Services

2.4.2.1 Vehicle(s) and Vehicle Restraints

2.4.2.1.1 The Bidder shall thoroughly search the vehicle(s) being utilized for transport and inspect all security features prior to boarding any Inmates/Offenders. Continuous checks are to be made periodically by the Transport Officers while enroute. Vehicle inspections shall be conducted anytime the transfer vehicle is stopped, including prior to re-departure.

2.4.2.1.2 All pickup and delivery of Department Inmates/Offenders to or from Department locations shall occur during the normal Business Hours of 8:00 a.m. to 5:00 p.m., E.T., Monday through Friday. No weekend or State holiday transport will be approved unless the Bidder has made prior arrangements with the Department’s Contract Manager, or designee, and the Warden of the impacted institution.

2.4.2.1.3 The Warden or his/her designee shall be contacted at least

24 hours (48 hours if delivery or pickup falls on the weekend or a State holiday), in advance of a desired pickup or drop off. The Transport Officer(s) shall be identified along with documentation authorizing the Bidder to assume custody of or discharge the Inmates/Offenders. This will save unnecessary delays in verifying court orders, officer identities, and preparing the Inmates/Offenders for transport. An approximate time of arrival for pickup/delivery shall be given to the Warden or his/her designee.

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2.4.2.1.4 Vehicles used to transport Inmates/Offenders shall be equipped with a reliable means of ensuring constant communication with the Warden or his/her designee, which shall include at a minimum, radio communication equipment, and/or a cell phone.

2.4.2.1.5 The Bidder shall, at no additional cost to the Department, provide vehicles and vehicle restraints to transport Inmates/Offenders as described in this ITB.

2.4.2.1.6 All of the Bidder’s vehicles and staff utilized to transport

Inmates/Offenders shall be in compliance with Section 2.2 with regards to insurance and licensure.

2.4.2.1.7 At all times, and regardless of the number of

Inmates/Offenders being transported, there must be a minimum of two (2) Transport Officers in a vehicle, which may include the driver. All Transport Officers must be armed and one (1) must be the same gender as the Inmates/Offenders being transported.

2.4.2.1.8 The Bidder shall ensure that transport vehicles are properly maintained to ensure appropriate and timely transfer of the Inmates/Offenders, and that all transport vehicles are appropriately ventilated (air conditioning and heating) as determined by the climate. All transport vehicles shall be maintained in a sanitary condition.

2.4.2.1.9 The Bidder shall complete the inspection, repair, and maintenance of transport equipment as outlined in Title 49 CFR § 396. The Bidder shall provide all inspection, repair and maintenance records to the Department’s Contract Manager, or designee, within three (3) business days of a written request.

2.4.2.1.10 The Bidder shall supply restraint equipment for the transport of Inmates/Offenders, which shall include handcuffs and restraint chains. Additional restraints such as leg irons are required for Close Custody Inmates and are permitted when transporting Inmates/Offenders who may be Extreme Escape Risks or those with serious Aggressive Tendencies.

Vehicles as determined by the Department shall be equipped with security caging and appropriately secure for the transport of Inmates/Offenders.

2.4.2.1.11 Once the Bidder has custody of the Inmate/Offender, the Bidder shall be legally responsible for the Inmate/Offender, and the Bidder’s Officer In Charge (OIC) shall be unrestricted in the application of restraining equipment, while also complying specifically as follows:

2.4.2.1.11.1 At any time, the Bidder is transporting a

group of Inmates/Offenders with mixed custody statuses, all Inmates/Offenders shall

Page 22 of 62 FDC ITB-19-091 be restrained as if they were Close Custody Inmates/Offenders.

2.4.2.1.11.2 The Bidder shall ensure that female

Inmates/Offenders are transported in the same vehicle with male Inmates/Offenders, they are physically separated from the male Inmates/Offenders at all times by secure privacy screens.

2.4.2.1.11.3 The Bidder shall ensure that all restraint

equipment shall be double locked.

2.4.2.1.11.4 The Bidder shall ensure that an

Inmate/Offender shall not be shackled to a stationary object in a moving vehicle.

2.4.2.1.11.5 The Bidder shall ensure that reasonable and

appropriate stops are made for Inmate/Offender meals, rest, and use of toilet facilities. The Bidder shall provide proper security when Inmates/Offenders use toilet facilities on or off the transport vehicle.

2.4.2.1.11.6 The Bidder shall ensure that youthful

Offenders, as declared by the court, or as classified by the Department pursuant to Section 958.11, F.S., transported in the same vehicle with adult Inmates/Offenders, are physically separated from adult Inmates/Offenders at all times by secure privacy screens.

2.4.2.1.12 The weight of officers, Inmates/Offenders, and property transported shall not exceed the vehicles rated load capacity.

2.4.2.2 Cancellation and Unsuccessful Transport

2.4.2.2.1 If a pickup is already in progress, the Bidder has initiated service and transport staff are in route to the Inmate/Offender, but not arrived and the Department subsequently cancels the order, the Department shall pay the Bidder a cancellation fee of 25% of $500.00 or $500.00, whichever is less. If a pickup has not been initiated when a Department cancellation is received, there shall be no charge to the Department.

If a pickup is already in progress, the Bidder has initiated service and transport staff are onsite when the order is cancelled, the Department shall pay a 50% trip charge or $1000.00, whichever is less.

2.4.2.2.2 The Bidder shall have the right to refuse the transport of any

Inmate/Offender whose medical/mental health condition or

Page 23 of 62 FDC ITB-19-091 behavior, in the opinion of the Bidder, would be detrimental or dangerous to the safe operation of the vehicle and the safety of its passengers. In the event this situation occurs and the Bidder declines to transport any such Inmate/Offender, the Department’s Contract Manager, or designee, shall be notified immediately by the Bidder by telephone if this occurs between normal Business Hours (8:00 a.m. – 5:00 p.m. E.T., Monday through Friday). If after hours, on a weekend, or during State holidays, the Bidder shall contact the emergency action center duty officer. In the event a transport is terminated by the Bidder after pickup, no payment will be made by the Department until the Bidder provides sufficient written justification (as determined by the Department’s Contract Manager, or designee) to the Department’s Contract Manager, or designee, as to the reasons for the ceasing transport. The written justification shall include specific names of Inmates/Offenders and employees involved, as well as full disclosure of the pertinent facts surrounding the incident. The Bidder must provide this information, within two (2) business days of the incident.

2.4.2.3 Interstate Agreement on Detainers

If there is a provision in the Interstate Agreement on Detainers, wherein a Transport Officer is designated to return an Inmate/Offender to Florida for trial, the Bidder shall ensure completion of Attachment VI, Interstate Agreement on Detainers, and ensure this form is kept in the possession of the Transport Officer(s) during transport of the Inmates/Offenders.

2.4.2.4 Court Appearances

When court appearance transports are required, the Bidder shall contact the holding agency 72 hours in advance of the transport to verify releasing information. The Bidder shall ensure that two (2) Transport Officers are present at the court location to assume custody of the Inmates/Offenders at the time of the hearing or other scheduled court activity.

2.5 Escape During Transportation

2.5.1 If an Inmate/Offender escapes while being transported, the Transport Officers shall exhaust all resources immediately available to apprehend the Inmate/Offender.

The Transport Officers shall maintain the security of all Inmates/Offenders and then contact the…