CN-700000-25014.pdf

O~A 0EAARl'M£HT Of' CORRECTDNS

Bureau of Procurement

Agency Term Contract

ATC-25-014

Security Guard Services

This Contract is between the State of Florida, Department of Corrections ("Department"), and Allied Universal Security Services ("Contractor").

WITNESSTH

WHEREAS, the Department and Contractor are collectively referred to herein as "Parties," and individually as a "Party," and capitalized terms shall have the meanings assigned to them in the Contract, unless otherwise defined herein;

WHEREAS, the Contractor responded to the Department's Request for Quote (RFQ), No: FDC RFQ-24-156, Security Guard Services; and

WHEREAS, the Department has accepted the Contractor's Bid and enters into this Contract in accordance with the terms and conditions of FDC RFQ-24-156.

THEREFORE, and in consideration of the mutual promises contained herein, the Parties agree as follows:

I. Definitions

A. Agency Term Contract (ATC or Contract} : A written agreement between the Department and the Contractor that is mandatory for use by the entire Department and under which Purchase Orders (PO) shall be issued.

B. Business Day: Days Monday through Friday, excluding State holidays or other official closures.

C. Contract Administrator: The Department employee, or designee, who serves as the liaison between the Contract Manager and the Department, and who will maintain the official Contract Administration file, develop and maintain the Contract and all amendments, and maintain the official records of all formal correspondence between the Department and the Contractor.

D. Contract Manager: The Department employee, or designee, identified as the individual responsible for performance oversight and operational management of the Contract and serves as the liaison between the Contractor and the Department.

E. Day: A calendar day, unless otherwise noted.

F. Purchasing Card (PCard): The State of Florida's purchasing card program which utilizes the Visa platform.

II. Scope of Work

Agency Term Contract

ATC-25-014

The services and/or commodities to be provided by the Contractor pursuant to this Contract as defined and described in Exhibits B and C.

Ill. Contract Term

The initial term of this Contract is for two (2) years and shall begin on the last date on which it is signed by all Parties.

IV. Renewal Terms

The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed three (3) 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.

V. Contract

This Contract, together with the following attached documents (Exhibits), sets forth the entire understanding of the Parties and supersedes all prior and contemporaneous 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: Service Locations;

b) Exhibit B: FDC RFQ-24-156; and

c) Exhibit C: Contractor's Pricing.

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

a) The Agency Term Contract;

b) Exhibit A: Service Locations;

c) Exhibit B: FDC RFQ-24-156; then

d) Exhibit C: Contractor's Pricing.

VI. Amendments

Unless otherwise provided herein, all modifications to this Contract must be in writing and signed by both Parties, except changes to Section VIII, Contract Management. Any future amendments of the Contract, which alter the definition of the services or scope of work, shall define the services or scope in the same format as Exhibit B.

(Rev. 8/14/24) Page 2 of 43

ATC-25-014

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 I. Contract Notices

Unless otherwise required herein, the Parties shall provide all notices required or permitted by this Contract in writing by certified mail, return receipt requested, or hand delivery to the respective Parties. All notices shall be deemed received on the date of delivery.

Contract management changes to Section VIII, Contract Management, may be delivered by email to the Contractor's Representative. Change notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable.

VIII. 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 32399-2500 Telephone: (850) 717-3700 Email: ContractAdmin@fdc.myflorida.com

The Contract Administrator will perform the following functions:

1. Maintain the official Contract Administration file;

2. Write and maintain this Contract and all amendments; and

3. Maintain records of all formal contract correspondence between the Department and the Contractor as provided by the Contract Manager for filing in the Contract Administration file.

The Contract Manager is:

Evita Bell, Operations Review Specialist Bureau of Security Operations Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850) 412-2648 Email: Evita.Bell@fdc.myflorida.com

(Rev. 8/14/24) Page 3 of 43

The Contract Manager will perform the following functions:

1. Maintain a Contract Management file;

2. Serve as the liaison between the Department and the Contractor;

3. Enforce performance of the Contract terms and conditions;

4. Monitor and evaluate the Contractor's performance to ensure services conform to the

Contract requirements;

5. Request all amendments, renewals, and terminations of this Contract, and implement management of the Contract change;

6. Exercise applicable remedies, as appropriate, when the Contractor's performance is deficient; and

7. Evaluate the Contractor's performance upon completion of this Contract. This evaluation will be placed in the Contract file and will be considered if this Contract is subsequently used as a reference in future procurements.

For each Purchase Order issued by the Department, the individual listed as "On Behalf Of' shall serve as a local Contract coordinator, and will perform the following functions:

1. Verify the receipt of deliverables from the Contractor;

2. Review, verify, and approve invoices from the Contractor;

3. Monitor the quality of services and commodities being delivered;

4. Monitor the budget to ensure funds are available through the Contract term; and

5. Serve as the liaison between the Department, Contract Manager, and Contractor relating to quality and delivery.

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. The Contractor shall address all communication relating to the Contract to the Contract Manager.

The Contractor has assigned the following individuals to serve as the Contractor's Representative for this Contract:

Contractor's Representatives:

Paul Burbridge Vice President, Operations Allied Universal Security Services 8375 Dix Ellis Trail, Suite 200 Jacksonville, FL, 32256 Telephone: (904) 809-0079 Email: paul.burbridge@aus.com

(Rev. 8/14/24)

James Bordner Client Manager, Law Enforcement Accounts Allied Universal Security Services 8375 Dix Ellis Trail, Suite 200 Jacksonville, FL, 32256 Mobile: (813) 550-8300 Email: 1ames.bordner@aus.com

As provided for in Sections VI and VII, the Department will direct all questions and customer service issues concerning this Contract to the Contractor's Representatives above. It will be the Contractor's Representative's responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues.

The Contractor must provide notice to the Contract Manager, as set forth in Section VII, if a new employee is designated as the Contractor's Representative for this Contract.

IX. Termination

A. Termination at Will

Either Party may terminate this Contract at will upon no less than 30 Days' written notice unless a shorter period is mutually agreed upon by both Parties. A Party shall deliver notice by certified mail (return receipt requested), by other delivery methods whereby an original signature is obtained, or in person with proof of delivery.

B. Termination Due to Lack of Funds

If funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than 24 hours' written notice to the Contractor. The Department will deliver notice by certified mail (return receipt requested), by other delivery methods 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 may terminate the Contract for cause. The Department may elect to afford, at its exclusive option, an opportunity for the Contractor to cure the breach within 30 Days upon written notice by the Department. Any breach of this Contract still left uncured by the Contractor after the Department has elected to provide 30 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 allow 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 delivery method whereby an original signature is obtained. If applicable, the Department may employ the default provisions in Section 287.1351, F.S. The provisions herein do not limit the Department's right to remedies at law or in equity.

D. Termination for Unauthorized Employment

The Contractor's violation of Section 27 4A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract.

(Rev. 8/14/24) Page 5 of 43

E. Termination for Use of Forced Labor

ATC-25-014

In accordance with Section 287.1346(4)(a)2., F.S., if the Contractor is placed on the Forced Labor Vendor List, the Department may terminate this Contract immediately for cause.

X. Assignment

The Contractor shall not assign its duties or rights under this Contract to another Party without the Contract Manager's prior written approval. 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.

XI. Subcontracts

The Contractor may, with the prior written consent of the Department, enter written subcontracts for delivery or performance of services, as indicated in this Contract. No subcontract, into which the Contractor enters for the performance of any of its duties under the Contract, shall in any way relieve the Contractor of any responsibility for the performance of the Contract. All subcontractors, regardless of function, shall comply with the Department's security requirements, including background checks, and all other Contract requirements. The Department is not authorized to make payments to the subcontractor for services and commodities provided under the Contract.

The Contractor shall make all payments to subcontractors. If the Contractor utilizes a subcontractor, the Contractor shall pay the subcontractor within seven (7) Business Days after any payment is received from the Department, per Section 287.0585, F.S. It is understood, and agreed upon, that the Department shall not be held accountable to any subcontractor for any expenses or liabilities incurred under the subcontract, and that the Contractor is solely responsible to the subcontractor for all expenses and liabilities under the Contract. If the Contractor fails to pay the subcontractor, without reasonable cause.

within seven (7) Business Days, the Contractor shall pay the penalty to the subcontractor in the amount of one-half (1/2) of one percent (1 %) of the amount due, per Day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

All subcontracts shall comply with the Department's Procedure 205.002 "Contract Management", and shall include the items noted below:

• Identity of the subcontractor (i.e., company, individual, etc.) that will be performing the subcontracted services;

• Qualifications of the subcontractor;

• License(s) and certification(s) provided by the subcontractor, required to perform the subcontracted services; and

• Include the specific clauses noted below from the Contract between the

Contractor and the Department:

(Rev. 8/14/24) Page 6 of 43 a Cooperation with the Inspector General

ATC-25-014

o Cooperation with the Florida Senate and the Florida House of Representatives o E-Verify o Staff Background/Criminal Records Checks

Additionally, all subcontractor agreements must include a statement from the proposed subcontractor acknowledging acceptance of and intent to be bound by the contract terms included in the contract between the Department and the Contractor.

See also Section 5.2.3 Utilization of E-Verify.

XII. Price Decreases

The Contractor shall apply to the Department any price decrease effectuated during the Contract term by reason of market change or special sales offered to other customers.

Such a price decrease applies regardless of whether any related equipment is rented or leased by the Department under the Contract. Price increases are rejected, 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, Section (2}(b).

XIII. Additions/Deletions

During the term of the Contract, the Department reserves the right to add or delete services and commodities, when considered to be in its best interest and general scope of the Contract. 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.

XIV. Delivery

Services shall be provided within 30 Days of Purchase Order (PO) issuance, or at the time mutually agreed upon between both Parties as reflected in the PO. Provision of services must be made 24 hours per Day, seven (7) Days per week at the locations listed in Exhibit A Service Locations.

XV. Other Conditions

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the Contract; (b) upon request from the Department's custodian of public records, provide the Department with a copy of the related 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 Chapter 119, F.S. or as otherwise provided by law; (c) ensure that public records that are exempt or confidential and exempt from

(Rev. 8/14/24) Page 7 of 43 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 upon Contract expiration or termination; 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 Contract. 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 Section 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 other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from Section 24(a) of Art. I of the State Constitution and Section 119.07(1 ), 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) 717-9744 Fax: (850) 922-4355 Website: https://floridadoc.govga.us/WEBAPP/ rs/(S(mxurvk hn004wtw1eymm15f4x))/SupportHome.aspx.

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintain confidentiality with reference to commodities and 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.

(Rev. 8/14/24} Page 8 of 43

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

C. Disputes

Any dispute arising from this Contract shall be resolved informally by the Parties. 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 Contractor's Representative, the Contract Manager, and the Contract Administrator.

D. Prison Rape Elimination Act

The Contractor shall comply with the national standards to prevent, detect, and respond to prison rape under the Prison Rape Elimination Act (PREA), Federal Rule 28 C.F.R. Part 115. The Contractor's employees who will enter the secured perimeter shall also comply with all Department policies and procedures that relate to PREA (see procedure 602.053) and immediately report any suspected/reported PREA violations as advised of and agreed to in the Nl1-127 form.

E. 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 Contract Manager, 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.

F. Independent Contractor Status

The Contractor is an independent contractor in the performance of its duties and responsibilities under this Contract. The Department shall neither have nor exercise

(Rev. 8/14/24) Page 9 of 43 any control or direction over the methods by which the Contractor shall perform its work and functions other than as provided herein. This Agreement is not a partnership or a joint venture between the parties.

G. 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 of performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, pandemics, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

H. Annual Appropriation

The State's and the Department's duty to pay for commodities or services under this Contract is 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 payment under this Contract.

I. 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.

J. Cooperation with the Florida Senate and Florida House of Representatives

In accordance with Section 287.058(7), F.S., the Contractor agrees to disclose any requested information, relevant to the performance of this Contract, to members or staff of the Florida Senate or Florida House of Representatives, as required by the Florida Legislature. The Contractor is strictly prohibited from enforcing any nondisclosure clauses conflictive with this requirement.

K. Scrutinized Companies Contractor Certification

In executing this contract, the Vendor certifies the following:

A. If a contract is for goods or services of any amount, the Vendor certifies:

• It is not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S.; and

• It is not currently engaged in a boycott of Israel.

(Rev. 8/14/24) Page 10 of 43

B. If a contract for goods or services could be at or above $1 million, the Vendor also certifies:

• It is not listed on the Scrutinized Companies with Activities in Sudan List;

• It is not listed on the Scrutinized Companies with Activities in Iran Terrorism

Sectors List; as identified under Section 215.473, F.S.; and

• It does not have business operations in Cuba or Syria, as defined in s.

287.135(1)(c), F.S.

C. The Vendor agrees that the Agency can immediately terminate the contract for cause or disqualify the vendor from further consideration of a contract, if the following is discovered:

• The Vendor is found to have submitted a false certification, after providing notice in accordance with 287 .135(5)(a), F.S.;

• The Vendor is placed on a list created pursuant to s. 215.473, F.S., relating to scrutinized active business operations in Iran; or

• The Vendor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

D. The Vendor understands the following:

• The Agency may, on a case-by-case basis, make exceptions to these requirements as permitted ins. 287.135(4), F.S.; and

• An unsuccessful vendor has no right to protest the award of a contract or renewal on the basis of a false certification, in accordance withs. 287.135(6), F.S.

E. The Vendor understands the following:

{Rev. 8/14/24)

In executing this Contract, the Contractor has completed OMS Form PUR 7801 and OMS Form 2024; and understands that pursuant to Section 287.1346, F.S., a Vendor on the Forced Labor Vendor List may not:

• Submit a bid, proposal, or reply on a contract to provide any commodities to an agency.

• Be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant with an agency for the provision of commodities.

• Transact business for the provision of commodities with any agency.

Additionally, an agency may not accept a bid, proposal, or reply from; award a contract to; or transact business pertaining to the provision of commodities with Vendor on the Forced Labor Vendor List, or an entity under the control of such Vendor, for a period of 365 days after the date the Vendor was placed on the list unless the Vendor is removed from the list pursuant to Section 287.1346(5)(d), F.S.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

IN WITNESS THEREOF, the Parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized.

CONTRACTOR:

ALLIED UNIVERSAL SECURITY SERVICES

1tlcu.JJ Authorized Signature

Bob Wood, President Florida Region

Print Name

10/4/2024

Date

STATE OF FLORIDA

NT OF CORRECTIONS

Long, Procurement Director , ce of Financial Management

Date

(Approved as to form and legality, subject to

Kristen General Counsel Office of General Counsel

Date

(Rev. 8/14/24} Page 12 of 43

EXHIBIT A

Service Locations

FDC

Region Major

Institution

Facility

ID

Number Facility Name Supervising

Institution Address

1 * 105 Calhoun CI n/a 19562 SE Institution Drive

Blountstown, FL 32424

1 * 113 Franklin CI n/a 1760 Highway 67 North

Carrabelle, FL 32322

2 * 201 Columbia CI n/a 216 SE Corrections Way

Lake City, FL 32025

2 251 Columbia Annex Columbia CI 216 SE Corrections Way

Lake City, FL 32025

3 * 501 Hardee CI n/a 6901 State Road 62 Bowling Green, FL

33834

4 * 404 Okeechobee CI n/a 3420 NE 168th Street

Okeechobee, FL 34972

Exhibit B

FDC RFQ-24-156

Request for Quotes (RFQ)

Security Guard Services

Alyssa Dillon, Procurement Officer Florida Department of Corrections 501 South Calhoun Street Tallahassee, FL 32399

SECTION 1.0 – DEFINITIONS

SECTION 2.0 – INTRODUCTION

2.1 Overview

2.2 RFQ Timeline

2.3 Contract Term

2.4 Basis of Award

SECTION 3.0 – SCOPE OF WORK

3.1 Department Responsibilities

3.2 Vendor Responsibilities

3.3 Qualification Requirements

3.4 Staff Background/Criminal History Records Checks

3.5 Conflict of Interest

3.6 Performance Measures and Performance Monitoring

3.7 Pricing

3.8 Invoicing and Payment

SECTION 4.0 – VENDOR QUOTE

4.1 Instructions to Respondents

4.2 Vendor Ombudsman

4.3 Quote Contents

4.4 MFMP Vendor Registration

4.5 Scrutinized Companies Certification

4.6 Confidential, Proprietary, or Trade Secret Material

SECTION 5.0 – OTHER TERMS AND CONDITIONS

5.1 Intellectual Property

5.2 Special Conditions

ATTACHMENT I

ATTACHMENT II

ATTACHMENT III

ATTACHMENT IV

ATTACHMENT V

ATTACHMENT VI

SECTION 1.0 – DEFINITIONS

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

1.1 Business Day: Days Monday through Friday, excluding State holidays or other official closures.

1.2 Candidate: The Vendor-proposed staff to perform services under this RFQ.

1.3 Contract Manager: The Department employee, or designee, who will serve as a liaison between the Contractor and Department under the Contract and will monitor the Contractor’s progress and Contract performance to ensure the procured services conform to the Contract’s requirements.

1.4 Contractor: The successful Vendor who, upon finalization of the solicitation process, enters into a Purchase Order (PO) with the Department to provide services sought.

1.5 Day: A calendar day, unless otherwise noted.

1.6 Department or FDC: The Florida Department of Corrections.

1.7 MyFloridaMarketPlace (MFMP) Ariba on Demand (AOD): The State of Florida’s eProcurement system.

1.8 Purchasing Card (PCard): The State of Florida’s purchasing card program that utilizes the Visa platform.

1.9 Purchase Order (PO): The form or format which the Department utilizes through MFMP AOD to make a purchase resulting from this RFQ.

1.10 Quote: A Vendor’s response to this RFQ.

1.11 Responsible Vendor: A Vendor who has the capability in all respects to fully perform the RFQ requirements and the integrity and reliability that will assure good faith performance.

1.12 Subcontract: An agreement entered into by the Vendor with any other person or organization that agrees to perform any contractual obligation for the Vendor specifically related to securing or fulfilling the Vendor’s obligations to the Department under the terms of the PO.

1.13 Subcontractor: Another person or organization that has entered into an agreement with the successful Vendor to perform any contractual obligation for the Vendor under the terms of the PO.

1.14 Vendor(s): A legally qualified corporation, partnership or other business entity authorized to conduct business and provide services under State Term Contract (STC) 92121500- 20-1 for Security Guard Services, with the State of Florida submitting a response to the Department, pursuant to this RFQ.

SECTION 2.0 – INTRODUCTION

2.1 Overview

The Department is seeking Quotes from qualified, Responsible Vendors who can provide Level I and Level II security guard services at six (6) Department Service Locations.

The Security Guards provided under this agreement will primarily conduct searches and inspections of persons and property entering and exiting a correctional institution. The Department may also direct them to perform activities typically performed by Security Guards.

The Vendor(s) shall provide these services in accordance with the STC 92121500-20-1 for Security Guard Services and in accordance with the Scope of Work in Section 3.0.

2.2 RFQ Timeline

2.3 Contract Term

As a result of this RFQ, the Department will issue a PO(s) to the selected Vendor(s) through MFMP AOD, which will include all Terms and Conditions set forth in this RFQ.

The anticipated term of the PO(s) is July 1, 2024, through June 30, 2025.

2.4 Basis of Award

The Department will award to the responsive, Responsible Vendor(s) who it determines provides the best value to the State based on the ability to meet the Department’s requirements for all services, determination of service needs, and price, as specified in Attachment II, Price Sheet. The Department reserves the right to reject any and all Quotes in response to this RFQ at its sole discretion.

The Department may conduct in-person team presentations or interviews with select Vendors as a part of the review process. If selected to participate, the team presentations or interviews will be conducted at the Department’s Central Office located at:

Florida Department of Corrections 501 South Calhoun Street Tallahassee, Florida 32399

Event Occurrence Location (if applicable)

RFQ Advertised June 12, 2024 Via Email

Quotes due to the Department

June 21, 2024, by 5:00 p.m., Eastern

Time

Submit via email to:

purchasing@fdc.myflorida.com

Attn: Alyssa Dillon Subject: RFQ-24-156, Security Guard Services mailto:purchasing@fdc.myflorida.com

SECTION 3.0 – SCOPE OF WORK

This section provides an overview of services required under this RFQ. All services to be performed by, or under the direction of, the selected Vendor(s) shall meet or exceed the minimum requirements outlined below.

3.1 Department Responsibilities

The Department will perform the following functions in support of the PO:

a. Coordinate access to the Department’s facilities;

b. Provide access to the Department’s systems and information, as required;

c. Provide oversight of Vendor performance;

d. Provide all security and screening equipment deemed necessary by the

Department;

e. Provide a temporary workspace and access to a public Wi-Fi network for Vendor staff, when deemed necessary by the Department; and

f. Provide all relevant Department policies and procedures.

3.1.1 Department’s Contract Manager

The Department will designate a Contract Manager who has the overall responsibility for the successful development and implementation of the services and serves as the primary Department point of contact.

The Contract manager will:

a. Serve as the main point of contact for the Vendor during the PO term;

b. Review and approve all invoices before acceptance;

c. Monitor Vendor(s) performance; and

d. Assess financial consequences as appropriate.

3.2 Vendor Responsibilities

3.2.1 Security Guard Staffing Requirements

The Vendor shall provide security guards to work at the Department’s service locations listed in Attachment I, Service Locations with the following staffing requirements:

a. One (1) Level I and one (1) Level II security guard shall be present at each

Service Location at all times, 24 hours per Day, seven (7) Days per week;

b. One (1) biological male and one (1) biological female must be assigned to each shift;

c. Ensure all security guards are dressed and groomed appropriately for each shift in accordance with Section 12 of STC 92121500-20-1 and Department procedure 208.033, Dress Code for Non-Unformed Employees;

d. Provide a staffing schedule for security guard coverage for approval by the Department. The Department reserves the right to require changes to the staffing schedule after approval based on the security and operational needs of each institution; and

e. One (1) additional Level I security guard on visitation days at the Department’s request.

The Vendor shall ensure all security guards assigned to services at Department locations follow all required standards, including, but not limited to, the Department’s policies and procedures, American Correctional Association (ACA) standards, Florida Administrative Code (F.A.C.), Florida Statutes (F.S.), and federal requirements.

All security guards assigned to provide RFQ services shall submit to random drug testing, post-accident drug testing, and testing where reasonable suspicion exists in accordance with the Department’s drug and alcohol screening policies and procedures. If the Department utilizes its contracted vendor to perform a drug and alcohol screening for a security guard, the Vendor shall reimburse the Department for any expenses incurred in administering drug or alcohol testing.

3.2.2 Security Guard Duties and Responsibilities

The Vendor shall provide security guards who are willing and able to fulfill all of the duties and responsibilities required by the Department. The duties and responsibilities are as follows:

a. Become familiar with the Department's confidential procedure and post orders specifically related to the entry and exit post;

b. Keep confidential the Department’s confidential procedures and post orders;

c. Complete all training required by the Department related to the performance of the entrance and exit post;

d. Adhere to F.A.C. 33-208.002 Rules of Conduct as it relates to the performance of official duties;

(1) Always remain alert while on duty; and

(2) This post may require extended periods of standing;

e. Maintain a professional appearance while on Department property;

f. Maintain a professional and respectful demeanor while interacting with all individuals during the performance of their duties;

g. Be willing to submit to a search/inspection of their person and personal belongings, including vehicle, while on Department property;

h. Question all individuals entering an institution about possessing contraband and unauthorized items;

i. Conduct searches and inspections of property items being brought into the institution to detect the presence of contraband;

j. Conduct clothed pat/frisk searches of individuals entering the institution to detect the presence of contraband;

k. Operate and interpret the results of various contraband detection technologies such as metal detectors, X-ray property scanners, cell phone detectors, etc.;

l. Conduct searches/inspections of items being removed from the institution to detect the unauthorized removal of items from an institution;

m. Immediately report to designated Department staff the discovery of any contraband, unauthorized item, unusual occurrences, or non-compliance issues;

n. Fill out various Department forms and documents related to the entry/exit post;

o. Write clear and concise incident reports when required;

p. Cooperate with the Inspector General’s Office related to any investigation; and

q. Cooperate with the Department’s Human Resources and General Counsel’s

Offices during FDC employee discipline cases, including testifying at Public Employee Relations Commission (PERC) Hearings.

3.3 Qualification Requirements

The required qualifications and preferred qualifications for Level I and Level II security guards are described in Sections 3.3.1 and 3.3.2 below and must be verifiable in the Candidate's resume.

NOTE: Any successful Candidate with access to the Department's network is required to complete the Department's Security Awareness Training within 30 calendar days of hire.

3.3.1 Required Qualifications

The Department requires the following experience, skills, and/or knowledge for security guards:

a. Level I Security Guard(s):

(1) A Class "D" Security Guard license issued by the Florida Department of

Agriculture.

b. Level II Security Guard(s):

(1) A Class “D” Security Guard license issued by the Florida Department of

Agriculture; and

(2) A minimum of two (2) years of prior experience as a Class "D" Security

Guard; or

(3) A minimum of two (2) years of law enforcement experience.

NOTE: In addition to the above list, all selected Candidates must successfully complete a Level II Background Check. The Department reserves the right to disqualify any candidate after review of their Level II Background Check findings.

3.3.2 Preferred Qualifications

The Department prefers the Candidates to have the following experience, skills, and/or knowledge for this position:

a. Five (5) or more years of prior experience as a Class "D" Security Guard;

b. Five (5) or more years of prior experience in law enforcement; or

c. Experience providing Security Guard services in a correctional environment.

3.4 Staff Background/Criminal History Records Checks

3.4.1 The Vendor’s staff and Subcontractors shall be subject to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check at the Department’s expense. This background check shall be conducted by the Department and may occur or re-occur at any time during the PO term. The Department has full discretion to require the Vendor to disqualify, prevent, or remove any staff from any work providing services under the RFQ. The use of criminal history records and information derived from such records checks are restricted pursuant to Section 943.054, F.S. The Department shall not disclose any information regarding the records check findings or criteria for disqualification or removal to the Vendor. The Department shall not confirm to the Vendor the existence or nonexistence of any criminal history record information. To carry out this records check, the Vendor shall provide, upon request, the following data for any of its staff or Subcontractor staff assigned to perform services under the RFQ: full name, race, gender, date of birth, social security number, driver’s license number, and state of issuance.

3.4.2 In the event records reveal evidence of a crime that is unacceptable as determined by the Department, the Vendor shall remove the employee from providing services under the RFQ and replace the employee with someone with equal or superior experience and qualifications. Prior to being assigned to provide services under the RFQ, the Vendor shall submit the experience and qualifications of the proposed replacement personnel to the Department for approval.

3.4.3 The Vendor shall ensure that the Contract Manager is provided the information needed to have the FCIC/NCIC background check conducted before any staff are assigned to provide services under the RFQ. The Vendor shall maintain the background check approval for each employee in their personnel file.

3.4.4 No person barred from any Department institution or other Department facility can provide services under the RFQ.

3.4.5 The Vendor shall not permit any persons to provide services under the RFQ who is under supervision or jurisdiction of any parole, probation, or correctional authority. Persons under such supervision may work for other elements of the Vendor’s business that are independent from services provided under the RFQ.

3.4.6 The Vendor shall disclose any business or personal relationship a staff person, officer, agent, or potential hire may have with anyone presently incarcerated or under the supervision of the Department.

3.4.7 The Vendor shall immediately report any new arrest, criminal charges, or convictions of any employee or Subcontractor assigned to provide services under the RFQ.

3.4.8 A felony or first-degree misdemeanor conviction, a plea of guilty or nolo contendere to a felony or first-degree misdemeanor crime, or adjudication of guilt withheld to a felony or first-degree misdemeanor crime does not automatically bar the Vendor from hiring the proposed employee. However, the Department reserves the right to require prior approval in such cases. Generally, two (2) years with no criminal history is preferred. The Vendor shall make a full written report to the Contract Manager within 24 hours if an employee has a criminal charge filed against them, is arrested, or receives a Notice to Appear for violation of any criminal law involving a misdemeanor, felony, or ordinance (except minor violations for which the fine or bond forfeiture is $200 or less), or when the Vendor or its staff know of any violation of the laws, rules, directives, or procedures of the Department.

3.4.9 The Vendor shall comply with the Department Procedure 208.013, “Outside Employment,” when hiring current or former Department employees.

3.5 Conflict of Interest

It is essential to ensure the proper conduct and operation that the Vendor, its staff, and Subcontractors are independent and impartial, and the implementation of decisions made as it relates to the procurement is not used for private gain or other remuneration. The Vendor, its staff, and Subcontractors shall refuse any override commissions or any other valuable consideration, in any and all forms, from any involved party. Fees earned relating to this agreement shall be limited exclusively to payments by the Department to the Vendor under the PO(s) issued subsequent to this RFQ.

3.6 Performance Measures and Performance Monitoring

The Department desires to contract with a Vendor who demonstrates its willingness to be held accountable achieving successful Vendor performance. By submitting a Quote, the Vendor agrees to the Department’s assessment of financial consequences, which are not intended to be a penalty but to incentivize the Vendor’s performance under this RFQ. The performance measures below list the key expectations most critical to the success of the Project, and the financial consequences the Department will assess if an expectation is not met.

3.6.1 Performance Standards

The Contract Manager shall provide written notice to the Vendor of all financial consequences being assessed, accompanied by documentation in sufficient detail for the justification of assessment. Within 10 Business Days of receipt of the written notice for financial consequences due, the Vendor shall forward payment to the Department. Payment shall be for the appropriate amount, be made payable to the Department, and be in the form of a cashier’s check or money order.

By execution of any PO, the awarded Vendor acknowledges and agrees that its performance under this RFQ shall meet the standards set forth above. Any failure by the awarded Vendor to achieve the performance measures identified above shall result in the assessment of financial consequences. Any such assessment or subsequent payment thereof shall not affect the Vendor’s obligation to provide services as required by this RFQ.

3.6.2 Performance Monitoring Methodologies

The Contract Manager will monitor the Vendor’s service delivery to determine if the Vendor has achieved the required level of performance for each performance measure identified in Section 3.6, Performance Measures and Performance Monitoring.

If the Department determines that the Vendor has failed to meet a performance measure, the Vendor may be contacted by the Contract Manager to address the non-compliant service delivery. The Vendor shall correct all identified non-

Performance Measures (PM)

No. Description Expectation Measurement Financial Consequence

PM-01

Tardiness and Absenteeism

The Vendor-provided security guard staff shall arrive on time for their assigned shift and remain at their assigned post for their entire shift.

Per security guard, per 15 minutes

$50.00 per security guard per 15 minutes that the security guard is late for their assigned shift or leaves their post unmanned prior to the completion of their shift. The maximum financial consequence shall not exceed $500 per security guard per shift. This financial consequence will not be assessed if the Contractor provides a replacement security guard without any gap in service.

compliant service delivery related to failure to meet the performance measures within 30 Days of notice.

The Department may utilize, but not be limited to, all of the following monitoring methodologies in monitoring the Vendor’s performance under this RFQ, and in determining compliance with terms and conditions:

a. Desk reviews of records related to service delivery which shall include any documents and databases for the Project and may be based on all documents and data, or a sampling, whether random or statistical;

b. Interviews and surveys with Vendor and Department staff; and

c. Review of monitoring, audits, investigations, reviews, evaluations, or other actions by external agencies, as applicable (e.g., American Correctional Association, etc.).

3.7 Pricing

The Department will compensate the Vendor for the actual hours worked by each security guard assigned to a Department Service Location at the rates listed in Attachment II, Price Sheet.

3.8 Invoicing and Payment

The Department will issue a PO through MFMP AOD. Throughout the PO term, the Vendor shall invoice the Department in arrears, as required by Section 215.422, F.S. The Vendor shall provide an invoice monthly detailing the actual hours worked by each security guard assigned to a Department Service Location. The invoice shall include the Vendor’s name, PO number, invoice date, invoice number, Federal Employer Identification Number (FEIN), unit rates in accordance with Attachment II, Price Sheet, and dates of service.

The successful Vendor will be paid a fixed unit rate in accordance with the accepted quoted price. The Vendor shall provide a monthly summary report with each monthly invoice, upon successful delivery of the requested service(s), in detail sufficient for the Department to perform a pre-audit and post-audit and provide any necessary supporting documentation.

Invoices will be submitted within 10 Days after completion of deliverables. Email is the Department’s preferred method for invoice submission. Invoices shall be sent to APInvoices-FDC@fdc.myflorida.com.

SECTION 4.0 – VENDOR QUOTE

4.1 Instructions to Respondents

All Vendors submitting a Quote to this RFQ shall be responsible for reading and understanding the specifications and instructions contained herein. All costs for the services shall be included in the Vendor’s Quote, which shall meet or exceed the minimum requirements outlined in this RFQ. The Department is requesting Quotes from Responsible Vendor(s) having business and corporate experience relevant to the provision of services of similar scope and size.

mailto:APInvoices-FDC@fdc.myflorida.com

The State’s General Contracting Conditions (Form PUR 1000) and General Instructions to Vendors (Form PUR 1001) may be viewed at the link below and are hereby incorporated by reference in their entirety as part of this RFQ.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_re sources/state_purchasing_pur_forms.

The terms and conditions set forth within this RFQ supersede any conflicting terms and conditions set forth within Forms PUR 1000 or PUR 1001.

The resulting POs will incorporate the MFMP Terms and Conditions, which can be viewed at the link below.

Purchase Order Terms & Conditions (ccplatform.net)

4.1.1 No Prior Involvement and Conflicts of Interest

Section 282.0051(1)(p)1.g, F.S., provides, “An entity providing independent verification and validation may not have technical, managerial, or financial interest in the project and may not have responsibility for, or participate in, or any other aspect of the project.”

The Vendor shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under this RFQ.

The Vendor shall acknowledge no conflict exists on Attachment III, Requirement Certification/Non-Collusion Attestation.

4.1.2 Vendor Quotes

All Quotes in response to this RFQ shall be submitted in MFMP AOD by 5:00 p.m., Eastern Time, June 17, 2024. Oral quotes, those submitted after the deadline, or those submitted by any other method will not be acknowledged.

4.2 Vendor Ombudsman

A Vendor Ombudsman has been established within the Florida Department of Financial Services (DFS). The duties of this individual include acting as an advocate for Vendors who may be experiencing problems obtaining timely payment(s) from a State agency. The Vendor Ombudsman may be contacted by calling DFS at (850) 413-5516.

4.3 Quote Contents

Interested Vendors qualified to provide services under STC 92121500-20-1 for Security Guard Services, may submit a Quote in response to this RFQ.

If the Vendor includes information in its Quote that it believes to be and has marked as confidential, proprietary, or trade secret, it should submit a redacted copy of the Quote as outlined in Section 4.6.

Responses to this RFQ may be in narrative format and must…