Incarcerated_Person_Communications_(Addendum_#3_Revision).pdf

Incarcerated Person Communications

Request For Proposal (RFP #RFP-2025-0047)

Tuolumne County

Sheriff's Office

Issued: Monday, May 5, 2025

REQUEST FOR PROPOSAL (RFP No. RFP-

2025-0047)

INCARCERATED PERSON COMMUNICATIONS

Deadline for Submission of Proposals: Thursday, May 29, 2025

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/tuolumnecountyca

Table of Contents

1. Introduction

2. Scope of Services

3. Minimum Qualifications

4. Proposal Package Requirements

5. RFP Process

6. Evaluation of Proposals

7. Contract Information

Attachments:

A - Sample Agreement

1. Introduction

1.1. Summary

The Tuolumne County Sheriff’s Office, County Jail is seeking proposals from qualified vendors to provide both local and out-of-area telephone service, on and off site video visiting, and information services and correctional tablets to inmates of the Tuolumne County Jail. The County is interested in a system that provides currently manufactured and technically supported brands and components. The Sheriff’s Office will require on premise recording and monitoring capability of all inmate telephones and on closed circuit inmate video visitation telephones.

California law and federal law provide specific employment restrictions for retirees and/or current County employees that desire to contract with the County.

For CalPERS retirees: if the work you will perform as a contractor is the same or similar to work you performed as an active employee or is work that is performed by active employees, it is most likely subject to the PERS retired annuitant restrictions, meaning the employment is disallowed and the County will not be able to enter into a contract with you.

For current County employees: California and federal law prohibit a current employee from contracting with its employer while being an active employee. If an employee is interested in becoming an independent contractor, the employee must consider separation from employment with the County, however should the employee retire, he/she may be subject to the CalPERS retired annuitant laws. Should a current County employee respond to a RFP while in active employment status, the employee must separate from employment prior to award of the contract.

No County time is allowed to be used to prepare for or work on a response to a County RFP

1.2. Background

The Tuolumne County Sheriff’s Office J.H. “Jack” Dambacher Detention Center has two hundred thirty (230) beds and eight (8) housing units in this new facility. This is a video visitation jail only. There are no face to face visits. The facility will need approximately twenty-eight (28) phones, thirty (30) kiosks, and an appropriate number of correctional tablets to be used for inmate education, communication, and entertainment.

1.3. Contact Information

Chris Hurtado

Jail Commander

12915 Justice Center Dr.

Sonora, CA 95370

Email: churtado@co.tuolumne.ca.us

Phone: (209) 533-7200

Department:

Sheriff's Office

Department Head:

David Vasquez

Sheriff mailto:churtado@co.tuolumne.ca.us tel:(209)533-7200

1.4. Timeline

Release of published RFP May 5, 2025

Pre-Proposal Meeting (Non-

Mandatory)

May 15, 2025, 1:00pm

12915 Justice Center Dr. Sonora Ca 95370

Deadline for receiving all questions May 22, 2025, 3:00pm

Deadline for RFP responses to be received by County

May 29, 2025, 3:00pm

Review Committee evaluates and ranks proposals

June 6, 2025

Commencement of negotiation period June 9, 2025

Notice of contract award (Tentative) June 9, 2025

Deadline for protests/appeals

(Tentative)

June 23, 2025

Contract executed (Tentative) July 21, 2025

2. Scope of Services

2.1. SCOPE OF SERVICES

A. The County, in cooperation with the incumbent Contractor, has overseen and installed approximately twenty (20) inmate non-coin telephones, and fifteen (15) Video Visitation kiosks at the Sheriff’s Office Jail.

1. The successful Contractor will be required to coordinate with the incumbent and the County to allow for an uninterrupted transition and implementation of new services.

2. The requirements described herein are considered reasonable to meet the County’s needs. The

County is interested in exploring new technological solutions that would enhance the inmate telephone system. Contractor having alternate proposals to meet these needs may, after responding to the minimum requirements hereunder, offer alternate service levels for consideration by the County.

B. Contractor will be responsible for all costs associated with acquiring, installing, operating, and maintaining a complete inmate telephone, video visitation and correctional grade tablet system during the term of the contract. Telephones, video visitation kiosks and correctional grade tablets that must be added or removed at existing or additional locations will be at no cost to the County. Final installations must be left in like new condition, with no visible sign of prior equipment.

C. The contractor should maintain a sufficient supply of tablets so that each incarcerated person has access. The tablet to incarcerated person should be a 1:1 ratio. Tablets shall be capable of supporting video visiting and phone calls.

D. Contractor shall be responsible for providing and installing signage and other ancillary items associated with or necessary to providing the service, at no cost to the County.

E. Services will be guaranteed for the duration of the contract period. The Contractor shall assume responsibility for all equipment and software defects for the entire duration of the contract. The Contractor shall guarantee that services are free from defects and must correct all problems associated with the hardware or software.

F. All software upgrades will occur automatically, as new versions are released, at no cost to the County, throughout the entire contract period.

G. The County requires that at least two (2) mobile Telephone Device for the Deaf (TDD) be provided for the County Jail. The TDD units must be durable, tamper-resistant, and designed specifically for public use and suitable in a jail environment.

2.2. General Configuration Requirements

A. The system should include an attendant operator. A minimum of three changes per year shall be allowed to the system script.

B. The system shall not allow any incoming calls.

C. The system shall permit collect only, one-way outgoing, station-to-station calls billed to the called party, or charged to a debt system set up for inmate use for the purpose of placing phone calls through the system.

D. The system shall be capable of blocking three-way and conference calls.

E. The system shall not allow chain dialing and secondary dial tones.

F. The system shall detect any extra digits dialed by the inmate after the party has accepted the call.

G. Inmate shall be required to hang up before dialing a new number.

H. The system shall guard against “hook-switch dialing” and other fraudulent activities.

I. Automated call instruction/announcements in English and Spanish. Indicate other languages available with your system, and any additional cost associated with implementation.

J. The system should provide Error prompts.

K. Announcement that the call is originating from Tuolumne County Jail.

L. Announcement that the call is recorded and may be monitored

M. Instructions for recipient to accept, reject, or block calls by pressing a keypad number. Recorded greeting to the called party that indicates the call is a collect call from the Tuolumne County Jail and is subject to recording and/or monitoring, provide the called party with the identity of the calling party and provide the called party with the opportunity to accept or reject the call. The conversation shall be blocked until the called party accepts the call.

N. The system should have the capability of permitting the called party to block all future calls from the County Jail.

O. The called party shall be able to provide positive acceptance and active consent of the telephone call or reject a call from a rotary dial or pulse dial telephone.

P. The called party shall be informed of the cost of the call prior to accepting the call, on all types of collect calls.

Q. The system shall be capable of providing call completion to any point within the continental United States, Alaska, and Hawaii.

R. The system shall provide the ability for inmates to make international collect calls.

S. The system will allow housing areas and intake phones to be programmed with speed dial to the public defender’s office, at no cost to the caller or the County.

T. The system must allow free calls to the California Relay Service (CRS) to assist impaired inmates.

U. The system must be designed to provide reliable inmate telephone service with full backup and system recovery contingencies.

V. The phone instrument shall provide dial tone/system prompts when the handset is off the hook.

W. Call set-up and acceptance process must be completed with thirty (30) seconds

(from off-hook to call connection/rejection).

X. The system shall provide for automated turn on and shut off at designated times, and manual system shut off capabilities from designated Jail control rooms.

Y. The public pay phones in the public lobby shall allow free local phone calls, at no expense to the County.

Z. They system shall be capable of “passive accept” of collect calls to agencies that use automated operator systems, e.g. State Parole.

AA. The first hour of remote video visitation per week shall be offered free of charge per Title 15.

2.3. General Equipment/Hardware Requirements

A. Contractors will comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. All electrical equipment must be installed in compliance with National Code requirements.

B. Telephones and video visiting kiosks shall be ADA and Title 15 and 24 compliant.

C. The new facility has data, power and WiFi where it is needed for phones, video visiting kiosks and correctional tablets.

D. Telephone instruments must be line powered such that, the phone does not require separate electrical power at the device. Video Visiting Kiosks should have separate electrical power at the device. Telephone, video visiting kiosks and correctional grade tablets shall be specifically designed for use in a correctional environment and must be approved by the County before installation. Converted coin phones will not be accepted.

E. Telephone devices and video visiting kiosks in inmate housing areas will be equipped with braided steel receiver cord twelve (12) inches or less in length.

F. Telephone devices in intake areas will be equipped with braided steel receiver cord twelve (12) inches in length.

G. All telephones and video visiting kiosks must be securely fastened to the wall with security approved by the County.

H. Inmate telephones and video visiting kiosks shall be composed of durable, tamper-free equipment suitable for Jail environments, and shall be constructed in a manner that minimizes vandalism and destruction of property. This shall include no removable parts and must be installed in such a manner that no safety hazard is present to our user.

I. Telephone instruments shall have touch-tone keypads.

J. Amplified handsets may be required in specific areas. Those telephones and video visiting kiosks shall be fitted with a volume control device, which will allow the inmate to increase or decrease the volume of the handset earpiece.

K. The contractor shall provide system capabilities for protection from power surges and equipment capabilities for protection from power outages.

2.4. Management/Reporting Workstations

A. Contractor must provide a comprehensive call management/reporting system that can be easily controlled/accessed on all workstations.

B. Call management/reporting workstations should allow call blocking by telephone number and individual telephone on/off control both manually and by scheduling.

C. The call management/reporting workstations must also provide easy to use reporting tools to access call history and detail. This information should be stored online for a minimum of one (1) year.

D. Indicate the impact to contract, if any, for storage capabilities on a hard drive(s) for one year.

E. The Contractor shall provide all archival hardware, software and supplies and shall perform all systems and database backups and archiving.

F. The Contractor shall be capable of recovering all system data using a system back up.

2.5. Call Monitoring/Recording System

A. Call monitoring and recording system that records every call and video visit made by the system and stores recorded calls for one (1) year and video visits for a minimum of three (3) months.

B. The system shall have the capability to disconnect a call and/or a video visit that is being monitored.

C. Calls to certain predetermined telephone numbers shall not be recorded. The system must be able to exempt specific telephone numbers from monitoring or recording. The system must be capable of identifying specified telephone numbers as

“do not record”.

D. The recording system shall incorporate proven technology to scan recordings, search recordings, highlight recording with notes, and transfer recording for use by the staff in their routine investigations.

E. The system shall have the capability, on demand, to store recordings on the hard drive(s) and the recording must be accessible instantly.

F. The system should include an alert system that will detect and notify calls made to restricted numbers, calls made by restricted individuals, or calls made from restricted phones.

G. The system must provide for the monitoring of live inmate calls and video visits without any detectable deterioration of call or video quality or call or video interruptions.

H. The system must be able to terminate a live, monitored call or video visit in real time.

I. The system must be configured/networked such that all recorded calls and video visits may be accessed from any workstation.

J. Each workstation much be equipped with hardware/software to allow the transfer of recorded inmate calls and video visits to the work station HDD in a non-proprietary format for use by investigating agencies.

K. Ability to provide reports on a daily, weekly, monthly, or real time basis. All report should be selected by any combination of location, PIN, phone, number dialed, time/date, duration, call type, call status, etc., by Sheriff’s staff.

L. The system shall be fully supported by remote maintenance including remote polling capabilities and system self-diagnostic to create “trouble tickets” when a system problem is discovered.

2.6. Personal Identifiers (PIN) or Other Biometric Identification System

A. The system, at the option of the County, should include the capability of providing

Personal Identifiers (i.e. Inmate number, or booking number) and an inmate biometric identification system to identify the inmate placing the call. The current Jail

Management System is ATIMS.

B. Discuss your firm’s experience with personal identifiers. Describe, in detail, the personal identification number your system uses and detail how the calls using this feature are accomplished.

C. State the amount of administrative time required of staff to administer the personal identifier system.

D. State the ability to interface with a Jail Management System.

E. Indicate the impact, if any, the use of PIN’s or other biometric identification system has on commissions.

2.7. Prepaid Services

A. The County requires deployment of prepaid (debit) services thirty (30) days from the execution of the contract.

B. For purposes of clarity, the County will consider Pre-paid Services as cards (or phone time) that are purchased by persons other than the inmate.

2.8. Maintenance and Repairs

A. The equipment installed at the County Jail shall remain the sole and exclusive property of the contractor. The County will not be responsible for any damage to equipment.

B. The contractor shall provide all necessary labor, parts, materials and transportation to maintain all inmate telephones and related service equipment in good working order, and in compliance with the equipment manufacturer’s specifications throughout the term of the contract.

C. The Contractor is responsible for all maintenance and repairs to inmate telephones and the inmate telephone system. A single point of contact with the primary contractor, via a toll-free telephone number, must be established by the contractor for reporting all inmate telephone problems. This toll-free telephone number, with access to a live operator, shall be available for reporting inmate telephone problems twenty-four (24) hours per day, every day of the year.

D. The Contractor shall be responsible for determining whether line failure is the fault of the local exchange carrier (LEC), the inter-exchange carrier (IEC), or the contractor’s equipment. When the contractor determines the agency responsible for failure, then the contractor shall contact the agency responsible for failure and negotiate the desired services at no cost to the County. If the failure is determined to be the fault of the contractor’s equipment, hardware, software or wiring, the contractor shall correct the problem at no cost to the County.

E. The Contractor shall provide telephone equipment personnel who have been fully trained, manufacturer certified, and/or qualified on the equipment and software to be serviced.

F. The Contractor will provide prompt repair of inmate telephones.

G. The Contractor shall specify the service response time after notification by the

County of a service problem.

H. The Contractor will maintain an adequate inventory of spare parts readily available for repairs and maintenance of the system. The Contractor shall provide a statement of spare part availability and delivery durations when such parts are not on hand at the site.

I. The Contractor shall respond to an emergency request and be on-site, if necessary, within six (6) hours from the time of notification from the County to the emergency repair number, twenty-four (24) hours a day, every day of the year.

J. The Contractor will provide prompt repair of inmate telephone and video visits problems; minimally meeting the following repair times:

Priority Level One – Emergency Request. Multiple housing units that are not in operation, multiple inmate phones and or video visiting kiosks not operational, or entire system failure. Intake phones not operational, or the lack of ability to record or any other failure that severely limits the proper use of the phone and/or video visiting system. Technician on site and repairs commenced within six (6) hours.

Priority Level Two – One entire housing unit that is not in operation or one inmate phone and/or video visiting kiosks not operational. Repair will be made within twenty-four (24) hours.

Priority Level Three – One of multiple phones and or video visiting kiosks in a housing unit that is not in operation. Repair will be made by the end of the second business day.

K. Contractor failure to meet the repair deadlines set forth shall result in a $100.00 per day penalty being imposed for every out of compliance trouble report.

L. The Contractor shall notify the County at least twenty-four (24) hours prior to any planned occurrence that may result in a service interruption to any inmate phone or service that lasts in excess of fifteen (15) minutes.

M. Contractor must submit a detailed explanation of the maintenance/repair plan.

2.9. Customer Service/Account Representation

Contractor shall provide dependable, consistent, readily available technical support and customer service report.

2.10. Blocked Calls and/or Video Visits

A. Calls cannot be blocked due to a lack of LEC or CLEC billing agreements with contractor.

B. Calls and/or video visits may be blocked to telephone numbers that have delinquent bills or customer refuses to pay for approved calls to that number. The Contractor must provide a toll-free number for the public to use in resolving billing questions.

C. Contractor shall not bill users for incomplete calls (e.g. network intercept recordings, busy signals, and no-answers).

2.11. Fraud Detection

The County will not be responsible for any uncollectible charges.

2.12. Implementation

Contractor must provide detailed project/implementation plan describing the methodology to complete the services in a timely, orderly, and least disruptive manner.

2.13. Documentation

Contractor shall supply copies of documentation for training, operation, and system manuals and documents for any future upgrades.

2.14. Training

The Contractor will provide training on the inmate telephone workstation features and usage for all workstations. Contractor shall provide a detailed scope of training, including training schedule, length of training, various times training can be provided and number of personnel that can attend a training session. Training should occur no later than fourteen (14) days from the “go-live” date, at no cost to the County.

2.15. End of Contract

A. At the end of the contract period, the contractor will work with the County staff to facilitate a smooth transition of uninterrupted inmate telephone service with a replacement contractor. Any phone wiring and related conduit installed during the contract become the property of the County. Contractor equipment must be removed in such a manner as to allow existing telephone wiring to be reused.

B. Contractor will provide the County with a list of all blocked numbers in the system to allow transition of this data into a new system.

2.16. Contractor Security Clearance

The County will require a security clearance on contractor employees who have need of access inside a correctional facility. The security clearance will be completed by Sheriff’s staff at no charge to the contractor. Contractor employees who fail the security clearance will not be permitted inside the County Jail.

2.17. Additional Services

A. The County may wish to interface the commissary system with the Inmate Phone System.

B. The County may wish to install a Universal Call Distributor System for clerical staff in the Booking area of the Jail. A different system is needed to automate call answering and distribution system that would allow incoming calls into the Jail to be more efficiently handled by routing frequently asked questions to a recorded response and directly routing other calls to the person most appropriately able to assist the caller.

C. The County may wish the phone system to be compatible with Purple

Communications.

D. Indicate the impact, if any, for these services, commissions, and rates.

2.18. Commissions

A. Should the FCC reverse the Commission ruling, the County would like a negotiated rate established.

B. The County’s goal is to maintain an acceptable level of income for the Inmate

Welfare Fund while also providing the lowest possible phone rates for inmates and their families.

C. Contractor shall describe the commission to be paid to the Sheriff’s Office based on a percentage of revenues. Explain in detail the method used to calculate commission. (e.g. gross revenue, adjusted gross revenue, net revenue, etc.) State any applicable deductions from gross revenue before calculating the County’s revenue. (i.e., uncollectible calls, total call, access line charges, clearinghouse charges, etc.)

D. Compensation shall be paid on a monthly basis.

E. Each check shall be accompanied by a detailed statement of usage and call records, including but not limited to time period covered, commission rate applied, number of minutes, and total revenue.

E. The contractor shall be responsible for any and all billing disputes, claims or liabilities that may arise in regard to its provision of this contract.

2.19. Rates

A. Fair rates to inmates and their families are an important part of the phone system. Charges for calls shall not exceed Federal Communications Commission

Rates, California Public Service Commission tariffs and schedules.

B. The Contractor shall attach a chart indicating the charges that the Contractor proposes to use and the commissions the Contractor would pay at each rate. NOTE: If more than one rate commission structure is being offered; please complete and attach a chart for each optional package.

C. Provide a rate table for all types of calls, local, intraLATA, interLATA, interstate, and international calls for the prepaid cards. Identify all surcharges, administrative fees, per minute fees, long distance per minute fees, etc. Include information on any discounts for off peak or weekends.

2.20. Signing Bonus

Contractor may offer the Sheriff’s Office a one-time signing bonus at the initiation of the contractual agreement. Any such signing bonus shall not diminish the rate of applicable commissions.

2.21. Monthly Reports

A. The proposed system should be capable of generating reports for the County including:

Customer account number

Pay phone number

Pay phone location

Total calls by telephone number

Total minutes for local exchange service by telephone number

Total minutes for inter-exchange service by telephone number

Total station revenue by telephone number

Total revenue by account

Billing time period covered

B. Monthly summary reports including:

Each account number

Each account name

Total calls per minute

Total minutes per account

Total revenue per account

Total compensation paid per account

Billing time period covered

2.22. COMMISSION CHECK

Commissions shall be paid by the 15th of each month on a monthly basis. All reports and payments shall be mailed to:

Tuolumne County Inmate Welfare Fund

Attn: Ashley Pries, Sr. Accountant

28 N. Lower Sunset Dr.

Sonora, CA 95370

2.23. ACCEPTANCE OF WORK

The County will perform a final walk-through with the Contractor to verify work compliance. All tasks and RFP requirements must be completed to the County’s satisfaction, including but not limited to the following:

A. Installation of hardware/software

B. Testing of hardware and software

C. Training of County personnel

2.24. CONVERSION REQUIREMENTS

Physical and environmental conditions shall be in full conformance with system requirements. System installation shall be considered complete only when, with the system in place, a full set of comprehensive tests have been conducted jointly by the successful Contractor and County. Such tests shall demonstrate, at a minimum, that all hardware and software components are functioning properly, individually and collectively, in accordance with the contract.

2.25. CONTRACTOR RESPONSIBILITY

The successful Contractor shall assume the responsibility for installing the equipment and software.

2.26. FACILITY READINESS

All changes required to current County equipment and software to allow for proper installation of the proposed equipment, software and services shall be identified in writing. All such changes shall be the responsibility of the successful Contractor, with the exception of those changes specifically negotiated and identified as being the County’s responsibility.

2.27. Right to Audit

A. The County reserves the right to audit usage, revenue, commission, and repair data and records of any or all inmate telephones video visitation kiosks and correctional grade tablets. The Contractor shall upon receipt of the written notice, provide all requested data and records to the requesting County Agency. The County shall provide a minimum of ten

(10) days notice.

B. The Contractor shall maintain financial records and other records as may be prescribed by the County or by applicable federal and state laws, rules, and regulations. The contractor shall retain these records for a period of three years after final payment, or until the County audits them, whichever event occurs first.

C. These records shall be made available during the term of the contract, as described above, and the subsequent three-year period for examination, transcription, and audit by the County, its designees, or other authorized bodies. Such audits will be conducted during normal business hours.

2.28. Permits

Unless otherwise provided herein, Contractor shall at his expense, obtain all permits and licenses and pay all charges and fees necessary for the performance of the contract, and shall give all public notices necessary for the lawful performance of the contract

3. Minimum Qualifications

A. The Vendor shall comply with all provisions of federal, state and local regulations to ensure that no employee or applicant for employment is discriminated against because of race, religion, color, sex, sexual preference, marital status, age, handicap, or national origin.

B. Due to the complex nature and security concerns of correctional facilities, Vendors must demonstrate at least ten (10) years of experience providing inmate communication services to counties of similar size.

C. The Vendor should provide an overview of their firm, including years and nature of experience in inmate communication business.

D. The Vendor shall provide information describing its client base and the proposed systems’ position in the facilities of California.

E. The Vendor must have at least five (5) years of experience providing a web based, hosted inmate communications system.

F. The Vendor must demonstrate a commitment to technology upgrades, including consistent new technology deployment over the last three (3) years or more.

G. Any Material submitted by the Vendor that is considered confidential in nature must be clearly marked as such. Due to applicable laws and regulations concerning public documents, the County makes no representation that such material will be kept confidential.

4. Proposal Package Requirements

Proposals are to be straightforward, clear, concise and responsive to the information requested.

In order for proposals to be considered complete, proposers must provide all requested information.

Each proposer must submit their response online via Tuolumne County's e-Procurement platform, https://procurement.opengov.com/portal/tuolumnecountyca.

1. Proposal Cost*

Proposer shall upload a fee schedule here. Information should include any and all costs associated with the fulfillment of the Scope of Services.

*Response required

5. RFP Process

5.1. Submittal of Proposals

Sealed proposals must be received online, NO LATER THAN 3:00 pm on Thursday, May 29, 2025.

Proposals are to be submitted electronically using Tuolumne County’s e-Procurement platform, https://procurement.opengov.com/portal/tuolumnecountyca. Proposals will be received only as instructed above, and must be received before 3:00 pm on Thursday, May 29, 2025. Proposals shall not be submitted via hard copy, (hand delivered or mailed), facsimile, nor via email. It is the sole responsibility of the proposer to properly upload its proposal so that it is received by the time and date required. Any proposal received after said time and/or date or in any other format other than as instructed herein, cannot be considered and will not be accepted. The County’s e-

Procurement Platform records the time stamp for every proposal submitted properly in the system. Once a proposal is submitted in the e-procurement platform, the Proposer will receive an email confirmation, and the proposal status will also show as “submitted.”

5.2. Submitter's Questions

Questions regarding the RFP must be submitted exclusively in writing to the County by 3:00 pm on Thursday, May 22, 2025 via the County’s e-Procurement platform, in the Q&A tab. Except for questions that might render the award of this contract invalid, the County will not respond to any questions submitted after this time. The County will use an addendum to the RFP to post any questions received, along with written responses, on Tuolumne County's e-Procurement platform, https://procurement.opengov.com/portal/tuolumnecountyca. It is the responsibility of the proposers to check the County website to review the questions and responses. Any oral responses to questions are not binding on the County.

5.3. Cost of Developing the Proposal

All costs incurred in the preparation of a proposal are the responsibility of each proposer and will not be reimbursed by the County.

5.4. Proposal Terms and Conditions

It is the responsibility of each proposer to be familiar with all of the specifications, terms and conditions of the RFP. By the submission of a proposal, the proposer certifies that if awarded a contract, proposer will make no claim against the County based upon ignorance of or misunderstanding of the specifications.

Each proposer shall submit its proposal with the understanding that the proposal will become a part of the official file on this matter and shall be subject to disclosure, if requested by a member of the public, following the completion of negotiations.

By submitting a proposal, each proposer certifies that all statements in this proposal are true.

This constitutes a warranty, the falsity of which shall include the right, at the County’s option, of declaring any contract made, as a result thereof, null and void. Proposals shall be completed, executed, and submitted in accordance with the instructions of this RFP. If a proposal is not submitted in the format specified in this RFP, it may be rejected, unless the County determines that the nonconformity is either a minor irregularity or that the defect or variation in the proposal is immaterial or inconsequential. The County may give the proposer an opportunity to cure any deficiency resulting from a minor irregularity or an immaterial or inconsequential defect, or

County may waive such deficiency, whichever is most advantageous to the County.

The County cannot accept proposals from any individual who is currently employed with the

County of Tuolumne (California Government Code §29708).

5.5. Successful Proposal as Part of Contract Services

Proposals received in response to this solicitation, at the County’s discretion, may be incorporated into the awarded contract and may serve as basic terms and conditions for the ultimate contract. Therefore, proposers are advised that, if successful, they will be held responsible for levels of services proposed at the funding levels quoted. The County reserves the right to negotiate modifications or revisions to any awarded contract.

5.6. Evaluation of Proposals

See #Evaluation of Proposals.

5.7. Other Requirements

In order to contract with the County of Tuolumne, a proposer must meet the following requirements:

• Make available to the County its federal Tax Identification Number (TIN) or Social

Security Number (SSN).

• Comply with all Federal, State and local rules, regulations and policies, including but not limited to:

o Standard contract language of the County; and, o Insurance coverage to include worker’s compensation, general liability, auto liability and professional liability, unless waived by the County.

• Meet the requirements for audit of its expenditures if required in the above documents.

5.8. Non-Discrimination

Non-Discrimination: The Contractor selected through this RFP shall provide services without discrimination based on race, creed, color, ethnic or linguistic identification, gender or sexual preference, disability or handicap or any other basis prohibited by law.

5.9. Protest/Appeal Process

The following procedure is provided in the event that a proposer wishes to protest the RFP process or appeal the recommendation to award a contract for Incarcerated Person

Communications once the Notices of Award/Non-Award have been issued.

https://secure.procurenow.com/portaluolumnecountyca/projects/20451?section=156154

Any protest must be submitted in writing to Sheriff's Office, 12915 Justice Center Dr., Sonora, CA 95370, Attention: Chris Hurtado

The protest must be submitted before 5:00 p.m. of the tenth (10th) business day following the date of the Notice of Award.

The protest must contain a complete statement of the basis for the protest. The protest must include the name, address, telephone number and e-mail address of the person representing the protesting party.

The procedure and time limits are mandatory and are the proposer’s sole and exclusive remedy in the event of a bid protest.

Proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

Upon receipt of written protest/appeal, the Sheriff will review and provide an opportunity to settle the protest/appeal by mutual agreement, will schedule a meeting to discuss or issue a written response to advise of an appeal/protest decision within five (5) business days of receipt of the appeal/protest.

5.10. Public Records Access

Proposers should be aware that submitted proposals are subject to the California Public Records

Act and may be disclosed to members of the public upon request. It is the responsibility of the proposers to clearly identify information in their proposals that they consider to be confidential under the California Public Records Act. To the extent that the County agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All information regarding the proposals will be held as confidential until such time as the

Review Committee has completed its evaluation and, or if, contract negotiations are complete.

6. Evaluation of Proposals

The objective is to perform a thorough and fair evaluation of submitted proposals and facilitate the selection of a contractor/consultant that best satisfies the County’s requirements. The following describes the evaluation process and associated components.

A. Selection Process:

1. The County shall name, for the purpose of evaluating the proposals for this RFP, a

Review Committee composed of representatives from the County. The County may also elect to include as part of the Review Committee qualified representatives from other agencies or entities.

2. Proposal documentation requirements set forth in this RFP are designed to provide guidance to proposers concerning the type of information that will be used by the

Review Committee. Proposers shall be prepared to respond to requests by the Review

Committee for additional items deemed necessary to assist in the evaluation process.

B. Evaluation Criteria & Scoring:

1. The Review Committee shall be responsible for performing the evaluations of each proposal. Each member of the Committee shall rate the proposers separately. The scores of each of the Committee members shall then be averaged to provide a total score for each of the proposers. The proposals shall be evaluated on the following categories and the maximum weight possible for each category is listed below.

C. Award:

Award will be made to the qualified proposer whose proposal will be most advantageous to the

County, with price and all other factors considered. The County will negotiate with the highest ranked proposer to develop the scope of work and contract for mutual satisfaction.

If the County cannot successfully negotiate a contract with the highest ranked proposer, the

County will terminate negotiations and begin negotiations with the next highest ranked proposer.

Proposers will receive mailed Award/Non-Award notification(s), which will include the name of the proposer to be awarded this contract.

Proposers are advised County reserves the following prerogatives:

• To reject any or all proposals;

• To consider historic information and fact, whether gained from the proposer’s proposal or any other source, in the evaluation process; and

• The proposer is cautioned that it is the proposer’s sole responsibility to submit information related to the evaluation categories and the County is under no obligation to solicit such information if it is not included with the proposal. Failure of the individual or firm to submit such information may cause an adverse impact on the evaluation of the proposal.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Completeness of Proposal Pass / Fail 10 (10% of Total)

2. Qualifications 0-10 Points 20 (20% of Total)

3. Service Delivery/Methodology 0-10 Points 20 (20% of Total)

4. Vendors Prior Experience with Similar

Types of Contracts for Service 0-10 Points 20

(20% of Total)

5. Reasonable Cost of Service 0-10 Points 30 (30% of Total)

7. Contract Information

7.1. Term/Termination

The term of the initial contract awarded under this RFP will be for: Three (3) years with two (2) one (1) year extensions. This Agreement will be automatically extended for 2 12-month extensions unless either party provides written notice of its intention not to proceed with the

Agreement at least 90 days prior to the expiration of the current term. , under the following circumstances:

• The County receives adequate funding to extend program operations;

• The Contractor has achieved demonstrable success by meeting all of the contract’s service requirements;

• The County continues to need the services purchased under this RFP;

• The Contractor is willing and able to modify the services provided to best meet the needs of the program as determined by the County.

The contract will be subject to termination by either party upon ninety (90) calendar days' written notice of intent to terminate. The County may terminate the contract at any time, without written notice, upon a material breach of contract by the Contractor.

7.2. Funding Availability

It is mutually agreed that if the County budget of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this

Agreement shall be of no further force and effect. In this event, the County shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this

Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this

Agreement. County budget decisions are subject to the discretion of the Board of Supervisors.

If funding for any fiscal year is reduced or deleted by the County budget for purposes of this program, the County shall have the option to either cancel this Agreement with no liability occurring to the County, or offer an Agreement amendment to Contractor to reflect the reduced amount.

7.3. General Insurance

A. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Coverage shall be at least as broad as:i. Commercial General Liability (CGL): Insurance Services

Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG

25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.ii. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.iii. Workers' Compensation: as required by the State of

California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

B. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions:i. Additional Insured Status. The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11

85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG

20 38; and CG 20 37 if a later edition is used).ii. Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the County, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the

Contractor's insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.iii. Umbrella or Excess Policy. The

Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the

Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The

Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying

Commercial General Liability insurance. No insurance policies maintained by the additional Insured, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.iv. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the

County.v. Waiver of Subrogation. Contractor hereby grants to County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.vi. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the County. The County may require the

Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or County. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000,unless approved in writing by County.

Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified

Additional Insured Parties. County may deduct from any amounts otherwise due

Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment

Expenses, will satisfy the SIR or deductible. County reserves the right to obtain a copy of any policies and endorsements for verification.vii. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current

A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the

County.viii. Verification of Coverage. Contractor shall furnish the County with original

Certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and

Endorsement Page of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations &

Endorsements pages are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.ix. Special Risks or

Circumstances. County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.x. Failure to Comply: Upon failure to comply with any of these insurance requirements, this Agreement may be forthwith declared suspended or terminated. Failure to obtain and/or maintain any required insurance shall not relieve any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the indemnification obligations.

7.4. Hold Harmless/Indemnification

Contactor shall hold harmless, defend and indemnify County and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs

(including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's…