Jail_Management_System_(JMS)_(Addendum_#2_Revision).pdf

REQUEST FOR PROPOSAL

25-P-147JRD

JAIL MANAGEMENT SYSTEM (JMS)

County of Volusia

123 W. Indiana Ave.

DeLand, FL 32720

RELEASE DATE: August 28, 2025

DEADLINE FOR QUESTIONS: September 25, 2025

RESPONSE DEADLINE: October 9, 2025, 3:01 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

REQUEST FOR PROPOSAL

Jail Management System (JMS)

I. Introduction II. Special Terms and Conditions

III. General Terms and Conditions IV. Insurance Requirements V. Scope of Work

VI. Evaluation Phases VII. Vendor Questionnaire

VIII. Definitions

Attachments:

A - Exhibit A - JMS Scope of Work_25-P-147JRD

B - Exhibit A.1 - JMS Functional Requirements Matrix 25-P-147JRD

C - Exhibit A.2 - JMS Technical Requirements Matrix 25-P-147JRD

D - Exhibit A.3 - JMS Technical Requirements Form 25-P-147JRDL

E - Exhibit A.4 - JMS Server Environment Worksheet 25-P-147JRD

F - Exhibit A.5 - JMS Interfaces Requirements Matrix 25-P-147JRD

G - Exhibit A.6 - JMS Exchanges Requirements Matrix 25-P-147JRD

H - Exhibit A.7 - JMS Third Party Software Requirements Matrix 25-P-147JRD

I - Exhibit A.8 - JMS Reports and Extracts Requirements Matrix

J - Exhibit A.9 - JMS Interfaces 25-P-147JRD

K - Exhibit A.10 - JMS Exchanges 25-P-147JRD

L - Exhibit A.11 - JMS Third Party Software 25-P-147JRD

M - Exhibit A.12 - JMS Reports and Extracts_redacted

Request For Proposal #25-P-147JRD Title: Jail Management System (JMS)

N - Exhibit B - JMS Price Schedule

O - Exhibit C - Technical Infrastructure Standards 25-P-147JRD

P - Exhibit D - Technology Systems Design and Installation Guidelines (Division 27)

25-P-147JRD

Q - Exhibit E - Business Associate Agreement DRAFT 25-P-147JRD

R - Exhibit F - County Computing Security Procedures 25-P-147JRD

S - Exhibit G - CJIS_Security_Policy_v6-0_20241227

T - Exhibit H - Acceptance Form 25-P-147JRD

U - Exhibit I - Sample Agreement

1. Introduction

1.1. Summary

The Volusia County Division of Corrections (VCDC) is in need of a comprehensive Jail Management System (JMS) with a Mobile Enablement (security rounds, inmate head counts, tracking of receivables, etc.) that will serve as a data entry and access point for jail users for all information related to inmates pertinent to the management of the VCDC. The VCDC is unique from most other jails in the State of Florida, as it is a stand-alone county division, and is not managed by the Volusia Sheriff’s Office (VSO). This distinction is important with regard to the JMS that is used, as it must interface with a number of outside agencies in order to properly manage inmate data.

1.2. Background

A staff of approximately 320 correctional officers and administrative support personnel supervised and managed an inmate population that averaged 1,345 inmates per day in 2024. There are 20 officer stations

(mostly with two (2) computer workstations) and 122 other computer workstations that will need access to the JMS. The network lines and equipment are in place. Each station has been issued an IP address by

DHCP. The administrative services for the VCDC are provided by the Corrections Director, who is responsible to the County Manager and ultimately to the Volusia County Council.

The Contractor shall provide a modular and expandable turnkey Jail Management System to collect and house all data related to inmate custody at the Volusia County Division of Corrections (hereinafter

“System”). The System shall have the ability to integrate future components of the System, as deemed necessary by the County and interface with existing external applications.

The implementation of this system may be a very tight timeline as the contract is currently set to end as of May 25th, 2026. Although efforts are being made to extend this date, anyone bidding on this contract will need to be prepared to be able to deliver the JMS system by this date.

1.3. Contact Information

John Duckworth

Sr. Procurement Analyst

123 W. Indiana Avenue

Room 302

DeLand, FL 32720

Email: jduckworth@volusia.org

Phone: (386) 822-5792

Department:

Corrections

1.4. Timeline

Release Project Date August 28, 2025 mailto:jduckworth@volusia.org tel:(386)822-5792

Pre-Proposal Meeting (Non-Mandatory) September 5, 2025, 11:30am

TCK Administration Building

Training Room 1 - Floor 1

123 West Indiana Avenue, DeLand 32720 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDY2OTM5ODQtZjE5Yi00ZTU

3LWJlYmYtNjQwMDQzYmE3MjY3%40thread.v2/0?

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4daf-a103-

4de951a43b70%22%2c%22Oid%22%3a%221d7815

51-16c8-42bf-9840-0645c6370649%22%7d

Meeting ID: 282 469 999 713 8

Passcode: nD2Gn2CC

Dial in by phone

+1 386-456-3482,,738811657#

Question Submission Deadline September 25, 2025, 11:59pm

Proposal Submission Deadline October 9, 2025, 3:01pm

Microsoft Teams meeting

Join on your computer, mobile app or room device https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

Meeting ID: 213 233 692 064

Passcode: gPYNoU

Or call in (audio only)

+1 386-456-3387,,628672925# United States, Daytona Beach

Phone Conference ID: 628 672 925#

2. Special Terms and Conditions

2.1. Closing Date and Non-mandatory Pre-Solicitation Conference

A. Request for Proposal (RFP) Closing Date

Response must be received through the County's eProcurement Portal before 3:01 pm on Thursday, October 9, 2025. Responses received after this time will not be considered.

B. Pre-solicitation Conference

1. A non-mandatory pre-solicitation conference will be held , 11:30 am on Friday, September 5, 2025 at https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDY2OTM5ODQtZjE5Yi00ZTU3LWJlYmYtNjQwMDQzYmE3MjY3%40thread.v2/0?context=%7b%22Tid%22%3a%22ed785c93-cfd5-4daf-a103-4de951a43b70%22%2c%22Oid%22%3a%221d781551-16c8-42bf-9840-0645c6370649%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDY2OTM5ODQtZjE5Yi00ZTU3LWJlYmYtNjQwMDQzYmE3MjY3%40thread.v2/0?context=%7b%22Tid%22%3a%22ed785c93-cfd5-4daf-a103-4de951a43b70%22%2c%22Oid%22%3a%221d781551-16c8-42bf-9840-0645c6370649%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDY2OTM5ODQtZjE5Yi00ZTU3LWJlYmYtNjQwMDQzYmE3MjY3%40thread.v2/0?context=%7b%22Tid%22%3a%22ed785c93-cfd5-4daf-a103-4de951a43b70%22%2c%22Oid%22%3a%221d781551-16c8-42bf-9840-0645c6370649%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDY2OTM5ODQtZjE5Yi00ZTU3LWJlYmYtNjQwMDQzYmE3MjY3%40thread.v2/0?context=%7b%22Tid%22%3a%22ed785c93-cfd5-4daf-a103-4de951a43b70%22%2c%22Oid%22%3a%221d781551-16c8-42bf-9840-0645c6370649%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDY2OTM5ODQtZjE5Yi00ZTU3LWJlYmYtNjQwMDQzYmE3MjY3%40thread.v2/0?context=%7b%22Tid%22%3a%22ed785c93-cfd5-4daf-a103-4de951a43b70%22%2c%22Oid%22%3a%221d781551-16c8-42bf-9840-0645c6370649%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDY2OTM5ODQtZjE5Yi00ZTU3LWJlYmYtNjQwMDQzYmE3MjY3%40thread.v2/0?context=%7b%22Tid%22%3a%22ed785c93-cfd5-4daf-a103-4de951a43b70%22%2c%22Oid%22%3a%221d781551-16c8-42bf-9840-0645c6370649%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDY2OTM5ODQtZjE5Yi00ZTU3LWJlYmYtNjQwMDQzYmE3MjY3%40thread.v2/0?context=%7b%22Tid%22%3a%22ed785c93-cfd5-4daf-a103-4de951a43b70%22%2c%22Oid%22%3a%221d781551-16c8-42bf-9840-0645c6370649%22%7d https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

County of Volusia TCK Administration Building Training Room 1 - Floor 1 123 West Indiana Avenue, DeLand

32720 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDY2OTM5ODQtZjE5Yi00ZTU3LWJlYmYtNjQwMDQzYmE3MjY3%40thread.v2/0?co ntext=%7b%22Tid%22%3a%22ed785c93-cfd5-4daf-a103-

4de951a43b70%22%2c%22Oid%22%3a%221d781551-16c8-42bf-9840-0645c6370649%22%7d Meeting

ID: 282 469 999 713 8 Passcode: nD2Gn2CC Dial in by phone +1 386-456-3482,,738811657#.

While this is not mandatory, all interested parties are encouraged to attend and participate.

2. In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the County’s ADA Coordinator at 386-248-1760 for assistance, at least two (2) business days before any meeting date. Assisted listening system receivers are available for the hearing impaired, and can be obtained from the Deputy Clerk by contacting the County’s

ADA Coordinator at 386-248-1760. Read the full ADA Notice under The American with Disabilities Act

(Title II), atCounty of Volusia Notice Under the Americans With Disabilities Act (Title II) . Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II).

3.Non-mandatory Pre-solicitation: You may RSVP via the County's eProcurement Portal. The County will electronically record attendance of the firms via the County's eProcurement Portal. Additionally, the

County of Volusia reserves the right to add a second pre-bid meeting, if the County deems it necessary.

2.2. Authorized Official

The Solicitation response and all required forms must be submitted/signed by an official authorized to legally bind the Respondent to all Solicitation provisions. A Memorandum of Authority may be submitted, to document that the individual is authorized to commit the firm to a contract.

2.3. Payment Terms

1. The County will remit full payment on all undisputed invoices within forty-five (45) days from receipt by the appropriate person(s) (to be designated at time of Agreement) of the invoice(s) or receipt of all products or services ordered.

2. Pursuant to Chapter 218, Florida Statutes, the County will pay interest not to exceed one percent (1%) per month on all undisputed invoices not paid within thirty (30) days after the due date.

3. The County has the capability of Electronic Funds Transfer (EFT). List any discounts for prompt payment and/or willingness to accept Electronic Funds Transfer (EFT) and the discount to be applied to such payments. Contractors offering prompt payment discounts, for example 1% - net 10, the discount shall be taken if the check issue date is within specified time period from date of invoice.

By submitting a Response to the County of Volusia, Florida, the Respondent expressly agrees that, if awarded an Agreement, the County may withhold from any payment monies owed by the Respondent to the County for any legal obligation between the Respondent and the County, including, but not limited to, real property taxes, personal property taxes, fees, and commissions.

2.4. Award Term

The County is looking to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful Respondent shall be awarded an Agreement for https://www.volusia.org/core/fileparse.php/4175/urlt/ADANotice.pdf an initial five (5) year term with the option for two (2) subsequent three (3) year renewals. All renewals will be contingent upon mutual written agreement and, when applicable, approval of County Council.

2.5. Termination

A. County may terminate this Agreement upon at least thirty (30) days notification to Contractor.

B. Awarded Respondent may terminate this Agreement upon at least three-hundred sixty-four (364) days prior written notice to County.

C. Upon receipt of notice of termination by the County from awarded Respondent or upon delivery of notice of termination from the County to awarded Respondent, awarded Respondent shall:

1. Stop Work under the Agreement on the date and to the extent specified in County’s Notice of Termination;

2. Inform County of the extent to which performance is completed;

3. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work/Services under the Agreement as is not terminated and with the prior approval of the County; and,

4. Assign to the County, in the manner, at the times, and to the extent directed by the County, all of the right, title and interest of the awarded Respondent under the orders and subcontracts so terminated.

D. For all undisputed outstanding invoices submitted to the County prior to the effective date of the termination and subject to Section Award Term, Section Payment Terms and this Section

Termination, the County shall cause payments to be made to awarded Respondent within forty five (45) days of receipt of invoice. awarded Respondent shall invoice the County for any sums awarded Respondent claims to be owed by County under this Agreement for Work performed from the last invoice to the effective date of termination. County shall review such invoice for payment and County shall pay any undisputed amount within forty five (45) days.

E. With the approval of the County and to the extent required by the County, the awarded

Respondent shall, upon termination, settle all outstanding liabilities and all claims arising out of such termination. County's approval of such settlements shall be final for all the purposes of a termination under this Section Termination. In addition, awarded Respondent shall transfer title and deliver to the County, in the manner, at the times, and to the extent, if any, directed by the

County, Deliverables, work-in-progress, reports, models, studies, and other materials produced as a part of, or acquired in connection with the performance of the Work/Services terminated.

F. If awarded Respondent fails to cure a breach within ten (10) calendar days after receipt of notice from the County of said breach, the County may take over the Work/Services and complete the

Work/Services, and the awarded Respondent shall be liable to the County for any increased cost of the Project reasonably incurred by the County to complete theawarded Respondent's unfinished Work/Services. As such, the County may apply unpaid Compensation due and owing to the awarded Respondent prior to the default as a set off against the costs incurred by the

County for taking over such Work/Services.

G. The right of termination provided to the County and the awarded Respondent herein shall be cumulative of all other remedies available at law.

H. All provisions of this Agreement which impose or contemplate continuing obligations on a party will survive the expiration or termination of this Agreement.

I. In the event awarded Respondent is unable to deliver the system in a manner that enables the system and all of its functional components to pass final acceptance testing, County shall have the right to terminate the Agreement and have the right to receive from awarded Respondent a refund of any implementation fees paid through the date of such termination.

2.6. New Material

A. Unless otherwise provided for in this specification, the awarded Respondent represents and warrants that the goods, materials, supplies, or components offered to the County under this

Agreement are new, not used or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer. If the awarded Respondent believes that furnishing used or reconditioned goods, materials, supplies, or components will be in the County’s interest, the awarded Respondent shall so notify the County Procurement Analyst in writing no later than fourteen (14) working days prior to the date set for opening of Bids in accordance with section Revisions, Addenda, Questions & Answers. The notice shall include the reasons for the request and any benefits that may accrue if the County authorizes the bidding of used or reconditioned goods, materials, supplies, or components.

2.7. Damages

Due to the nature of the services to be provided and the potential impact to the County for loss, the awarded Respondent cannot disclaim consequential or special damages related to the performance of this Agreement. The awarded Respondent shall be responsible and accountable for any and all damages, directly or indirectly, caused by the actions or inaction of its employees, staff, or Subcontractor. There are no limitations to this liability. This section does not apply to the extent precluded or prohibited by applicable law.

2.8. Evaluation Method

The County will appoint a committee consisting of County staff to evaluate the proposals and to make recommendation to the County Council. The County will be the sole judge of its own best interests, the proposals, and the resulting Contract, if any. The County’s decisions will be final. Award will be made to the proposal, which presents the best value to the County based on the entire evaluation process and all the information gathered.

Note: Respondents are prohibited from contacting any of the committee members, other than the

Procurement Analyst prior to the recommendation of award from the committee.

2.9. Presentations by Respondents

1. The County of Volusia, at its sole discretion, may ask individual Respondents to make oral presentations and/or demonstrations without charge to the County.

2. The County reserves the right to require any Respondent to demonstrate to the satisfaction of the

County that the Respondent has the fiscal and managerial abilities to properly furnish the services proposed and required to fulfill the requirements of the RSQ. The demonstration must satisfy the County and the County shall be the sole judge of compliance.

3. Respondents are cautioned not to assume that presentations will be required and should include all pertinent and required information in their original proposal package.

2.10. Proposal Acceptance/Rejection

The County reserves the right to accept or reject any or all proposals received as a result of this Solicitation, or to negotiate separately with competing Respondents, and to waive any informalities, defects, or irregularities in any proposal, or to accept that proposal or proposals, which in the judgment of the proper officials, is in the best interest of the County.

2.11. Proposal Acceptance Period

Any Proposal in response to this RSQ shall be valid through January 31, 2026. At the end of this time the proposal may be withdrawn at the written request of the Respondent if no award has been made. If the

Proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled regardless of the status of the proposal bond. The County reserves the right to request an extension of the proposals if a Contract has not been executed by January 31, 2026.

2.12. Software, Hardware, or Other Technical Maintenance

The Contractor shall provide all necessary maintenance on a turnkey basis during the term of the

Contract. This may include software, hardware, or other technical maintenance.

2.13. Data Security

With respect to the System and environment the Contractor uses to provide services, including those for data processing, storage and transmission, the Contractor is responsible for protecting the confidentiality, integrity, and availability of County Data and agrees as follows:

Ownership of County Data. County is the owner of its data, data compilations and reports or compilations of its data generated from use of the Licensed Software ("County Data"). Notwithstanding anything to the contrary contained in this Agreement, the County shall have the right to use the Contractor's Licensed

Software to access and have unfettered use of such data, reports, compilations, or information derived from or resulting from the use of the Licensed Software and/or to generate reports from such data, files or information. Contractor acknowledges and agrees that the County is the owner and custodian of said data, compilations and information whether or not such is electronically retained and regardless of the retention media and that the use of the Licensed Software in relation to such information or data does not in any way restrict County in the County's rights of disclosure of its data and information.

County Proprietary Information. It is acknowledged by Contractor that to fulfill obligations under the awarded Contract, Contractor personnel may come in contact with business proprietary, personally identifiable, health care, sensitive and privileged law enforcement, and criminal justice information.

Contractor is prohibited from divulging, disclosing, or providing access to information obtained as a result of the Contract to any entity or individual not so authorized by the County. Any misuse or unauthorized access of information is subject to administrative and criminal penalties. The Contractor shall take necessary security measures to ensure there is no unauthorized access to County data and that the County proprietary information cannot be downloaded to or printed from any devices that its employees, contractors or subcontractors use, including, and without limitation, desktops, laptops, and USB flash drives.

County Data. In storing, processing, or transmitting County Data, the Contractor shall not comingle the

County Data with any data from Contractor’s other clients. Data Sanitization Requirements. The

Contractor shall certify to the County, when required, that County data is destroyed and the Contractor is not maintaining, keeping, or archiving County data. Said certification will be provided to the County

Contract Manager in writing. Times this may be required during final acceptance and at Contract termination.

Data Monetization. The Contractor shall not profit from utilizing County data, metadata, or other County information.

Security Operating Protocols. The Contractor shall adhere to cybersecurity standards and best practices published by the National Institute of Standards and Technology (NIST) as applicable, and, employ generally accepted industry security methods and internal security operating protocols to prevent unauthorized access into the service the Contractor provides to the County or interception of data or communications by unauthorized individuals or unauthorized third parties. Such practices shall include, as applicable: Data Risk Management; Secure Configuration and Vulnerability Management; Access

Control; encryption of data stored and transmitted using cryptographic modules validated as compliant with Federal Information Processing Standard 140-2 ; firewall protection; password protection; review of firewall logs and intrusion detection and protection systems (IDPS) notifications on a daily basis; and, update of virus definitions and security patches on an as-needed basis.

Hosting Provider. The Contractor shall only use hardware and software located in secure facilities in the

U.S. and administered by the Contractor or a third party hosting provider (“Hosting Provider”) to provide services to the County. The Contractor represents and warrants that each Hosting Provider used by the

Contractor will cause to be conducted, on at least an annual basis, an SSAE 18 SOC 2 (or equivalent) security audit by a qualified and reputable auditing organization who shall identify in a written report (a copy of which shall be promptly delivered to the County upon request and which shall be the Contractor’s

Proprietary Information) any deficiencies or weaknesses to internal controls that impact system security availability, processing integrity, confidentiality, or the privacy of County Data in connection with the applicable Hosting Provider’s services that the Contractor uses and the operating environment thereof.

County Data Location. Except for sending the County Data to the County and to offsite backup storage facilities, the Contractor shall keep the County Data solely in its Hosting Provider’s facility or facilities located in the United States and shall not allow such data to leave such facility or facilities in any form.

Security Breach. Within twelve (12) hours of discovery, the Contractor shall notify the County should it discover any breach of the security provisions set forth in this Agreement or a loss, interception, unauthorized disclosure or other compromise of the County Data and shall immediately coordinate with the County to investigate and remedy such breach(es) in a diligent and timely manner. Except as may be strictly required by applicable law, the Contractor agrees that it will not inform any third party of any such security breach involving the County Data without the County’s prior written consent; however, if such disclosure is required by applicable law, the Contractor agrees to work with the County regarding the content of such disclosure so as to minimize any potential adverse impact upon affected parties.

Backup Materials. The Contractor or its Hosting Provider shall maintain backups of all hardware and software used to provide services to the County and the data stored or processed through the System

(“Backup Materials”). Backup Materials shall be inventoried, tracked and maintained at a separate secure physical location located in the United States. The separate secure physical location is subject to the same security requirements of the primary facilities where daily and routine processing, storage and transmission of County Data occurs. If access or use of the service is interrupted, the appropriate backup shall be activated within four (4) hours to minimize disruptions.

2.14. Hosted Solution Incident and Disaster Recovery Plans

The Contractor shall implement and maintain, at all times, appropriate incident response and disaster and recovery plans and provide the County with a written copies of the plans upon request. In addition, the

Contractor shall provide the County with a copy of any future third party certification report(s) that review and/or certify the incident response or disaster and recovery plans when such report(s) are made available to the Contractor.

2.15. Compliance with Laws and Regulations

Contractors shall be responsible to know and to apply all applicable federal, state, and local laws, ordinances, rules, regulations (including but not limited to the following statutes: Americans with

Disabilities Act (ADA),Titles I, II and III of the ADA; Federal Immigration Reform and Control Act of 1986

(as amended); and Title VII of the Civil Rights Act of 1964 (as amended), and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. Contractor shall always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. The awarded Contractor shall indemnify, defend, and hold harmless the County and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by Contractor, its representatives, Subcontractors, sub-consultants, professional associates, agents, servants, or employees.

For internet/web Services: For the purposes of this paragraph, any Services or products offered to public via the internet or online must comply with WCAG 2.1 in order to be deemed ADA compliant. The County will provide Contractor with prompt written notice with respect to any ADA deficiencies of which the

County is aware and Contractor will promptly correct such deficiencies. If the County, the Department of

Justice or other governmental entity tasked with the enforcement of the ADA (“Enforcement Agency”) notes any deficiency in the facilities, practices, services, or operations of the Contractor furnished or provided in connection with this Agreement, Contractor shall, at no additional charge or cost to the

County, immediately cure any such deficiencies without delay to the satisfaction of such Enforcement

Agency. Contractor further agrees that it shall, to the extent permitted by law, indemnify, defend, and hold harmless the County against any and all claims, sanctions, or penalties assessed against the County, which claims, sanctions, or penalties arise or otherwise result from Contractor’s failure to comply with the

ADA or WCAG 2.1, for online or internet Services or products.

2.16. Warranty

The System, during the term of the Contract and any renewals thereto, shall be warranted by Contractor to provide the functions, features and capabilities specified and described in the Contract. Contractor shall further warrant and represent that the System and its software components shall operate together as a whole to perform the functions in the manner specified and delineated in the Contract; and that no other

County hardware except hardware provided by County under this Contract or Licensed Software is required to be purchased or installed by County to host the System. County shall be responsible for acquiring and maintaining its own personal computers necessary to access the System. Contractor shall expressly warrant that each module of the System shall be free from reproducible Defects that cause the

System to fail to conform to the operational and performance specifications as set forth in the Contract.

Contractor shall make the foregoing warranty for the System for a minimum period of one (1) year after

Final System Acceptance by County, and for the duration of any maintenance and support agreement covered in by the Agreement or incorporated into the Agreement for so long as the County pays the annual recurring fee. Contractor shall also warrant that the System is free from viruses and/or malicious software which would prevent the System from being operated as described and set forth in the Contract.

2.17. Software Releases/Upgrades during Warranty & Term of Maintenance Agreement

The County shall be entitled to any and all releases of the software and upgraded versions of the software covered in the awarded Contract that becomes available from the Contractor at no charge during the warranty period and through the duration of the maintenance agreement period. The maximum charge for any upgrade after the expiration of the warranty period and the software maintenance agreement period shall not exceed the total difference between the cost of the County’s current version and the price at which the Contractor sells or licenses the upgraded software under similar circumstances. If software is customized for the County, the Contractor shall be compensated at an agreed-upon rate.

2.18. Software, Hardware, or Other Technical Maintenance

The Contractor shall provide all necessary maintenance on a turnkey basis during the term of the awarded

Contract. This may include software, hardware, or other technical maintenance. If not otherwise provided for in the Contractor’s pricing, after the initial term, the annual cost for maintenance may only increase annually by the lesser of three percent (3%) or the Bureau of Labor Statistics, Table 5, Compensation

(http://www.bls.gov/news.release/eci.t05.htm), Professional, Scientific, and Technical Services Index for the applicable year (not seasonally adjusted).

2.19. Product Malfunction

In the event that the County terminates the resulting Contract due to default by the Contractor or does not accept the proposed product(s) after installation due to errors, malfunctions, and/or non-performance of the Contractor (or its sub-contractor), the County shall have the right to use the product(s), without charge, until it can be replaced in accordance with the Transition Plan provisions of this solicitation. In the event that the Contractor cannot correct Critical or Non-Critical Problems noted by the County in the then implemented version (including updates) of the product(s), the Contractor shall replace the product or provide a “work around” within ten (10) calendar days after notification that a software correction is required. In the event that the Contractor does not keep the product(s) functioning according to specifications in accordance with the County’s sole judgment, then the County, at its sole option, shall have the right to return any or all of the product(s) and related technical data and terminate the Contract. The County may elect to levy liquidated damages as may be established in the awarded

Contract or withhold final payments in the case that the system proves unreliable or does not perform.

The County may terminate the Contract for this cause.

2.20. Transition Services

If the awarded Contract expires or is earlier terminated, the Contractor shall provide Transition Support

Services to the County and develop a transition plan (the “Transition Plan”) in the form of an Amendment or Change Order to this Contract to be signed by the County and the Contractor. Contractor’s time will be limited to Support Services needed to produce required materials and to respond to questions regarding the System to be transitioned to another Contractor. Examples of Support Services include but are not limited to delivering via electronic media, accurate copies of any data that is requested and necessary to perform the services. The Contractor shall cooperate with County to develop and implement an orderly transition plan and Contractor shall continue to provide services to County until the Transition Plan is completed to the satisfaction of the County. Materials include but are not limited to assistance including all documentation so Contractor can provide the Transition Support Services to County or another

Contractor. However, in no event shall Contractor be obligated to disclose any proprietary information or trade secrets to any competitor of Contractor. If the awarded Contract is earlier terminated by the

Contractor, other than for default by the County, then Contractor shall provide Transition Support Services at no cost to the County. If the awarded Contract expires or is earlier terminated by the County, then

Contractor shall provide Transition Support Services upon terms mutually agreed upon by the parties.

2.21. Access to the County System

The County, in its sole discretion, may permit the Contractor to have remote on-line access to designated computer systems of the County in order to facilitate the Contractor’s ability to perform its obligations under the resulting Agreement. Such access shall be used only in furtherance of the Contractor’s duties under the Agreement and may not be used for any other purpose. If such access is granted, the Contractor shall give to the County the names of the Contractor’s employees who have a legitimate business need for such access to the County’s computer systems, and the County shall provide a separate user identification code for each person, if applicable. The Contractor shall audit all remote access used by its employees at least quarterly to ensure its employees are performing their duties in strict adherence to all security and privacy requirements under the Agreement, and shall immediately notify the County of and take immediate action to rectify any deviations. The Contractor, at its own expense, shall provide and maintain any hardware, telecommunications services and software not furnished by the County which is needed to communicate reliably with the County’s computer systems. The County, in its sole discretion, may terminate the Contractor’s access to the County’s computer network at any time. The Contractor shall ensure that: (a) computer access is limited to those employees with a legitimate business need whose names have been furnished to the County; and (b) such employees with access agree to keep any information so obtained strictly confidential, to use such information only to perform the Contractor’s contract obligations to the County and to cease accessing the County’s computer systems when no longer required to perform work under this Agreement. The Contractor shall immediately notify the County if it becomes aware of any unauthorized access to the County’s computer systems or unauthorized use of the information on the systems. Any information to which the Contractor, its officers, employees, subcontractors or agents becomes privy as a result of such access shall be deemed proprietary information and protected by the provisions of this Agreement. The Contractor shall cooperate with the County in the investigation of any apparent unauthorized access by the Contractor to the County computer or electronic data storage systems or unauthorized release of the County Data by the Contractor. The Contractor warrants and agrees that its personnel will not remotely access the County’s system from a networked computer unless the network is protected from all third party networks by a firewall that is maintained with all patches up to date by qualified, trained and competent administrative staff. Said firewall must be certified by the International Computer Security Association (ICSA) (or an equivalent certification as determined by the County) if the connection to the County’s network is an ongoing connection.

2.22. Security Officer and Background Screening [CJIS]

Security Officer: Throughout the term of the Contract, Contractor shall designate a Security Officer that will serve as the principal point of contact for all matters pertaining to information security and ensure compliance with the security and personnel screening requirements defined in the Contract. The County’s

Security Officer, at their sole discretion based on the “need to know” principle, may bypass the project lead(s) and other Contractor personnel and communicate directly with the designated Contractor Security

Officer to discuss and resolve security and privacy issues and concerns.

Background Screening upon Award: After notification of Contract award and prior to commencement of work, the Contractor shall conduct background screening for all of its employees and approved contractors or subcontractors who provide services to the County or have access to the County proprietary information, including, without limitation, criminal background checks. In addition, the

Contractor shall train its employees and approved contractors and subcontractors who handle the County proprietary information on security standards and activities.

Background Screening to Access County Facilities: A criminal history and background check is required prior to any Contractor’s personnel entering a County facility. The County will conduct the criminal history and background check. The County reserves the right to deem any employee not acceptable. Upon award, a security clearance shall be required for all employees and contractors needing access to these facilities.

To obtain this clearance, the following must be provided: full legal name, date of birth, and valid Florida

Driver’s License or valid Florida Identification card. The County will provide necessary forms for supplying required information. This information must be provided two (2) weeks prior to the start of service for background checks, which will be done at the expense of the County. This information must also be provided any time during the Contract for any new employees hired to perform the work.

2.23. FBI CJIS Security

FBI CJIS Security Addendum: Contractor agrees to the provisions set forth in the FBI Criminal Justice

Information Services (CJIS) Security Addendum attached hereto as part of Exhibit G - CJIS Security Policy and incorporated herein as part of the awarded Contract. In accordance with this FBI CJIS Security

Addendum, Contractor agrees to maintain a security program consistent with the FBI Criminal Justice

Information Services (CJIS) Security Policy attached hereto as Exhibit G - CJIS Security Policy (current version).

Security Officer: Throughout the term of the Contract, Contractor shall designate a Security Officer that will serve as the principal point of contact for all matters pertaining to information security and ensure compliance with the security and personnel screening requirements defined in the Contract. The County’s

Security Officer, at their sole discretion based on the “need to know” principle, may bypass the project lead(s) and other Contractor personnel and communicate directly with the designated Contractor Security

Officer to discuss and resolve security and privacy issues and concerns.

Personnel Screening: It is acknowledged by Contractor that to fulfill obligations under the Contract, Contractor personnel may come in contact with business proprietary, personally identifiable, health care, sensitive and privileged law enforcement, and criminal justice information. Contractor is prohibited from divulging, disclosing, or providing access to information obtained as a result of the Contract to any entity or individual not so authorized by the County. Any misuse or unauthorized access of information is subject to administrative and criminal penalties. Contractor agrees at its expense to ensure that all of its personnel shall comply with the following requirements prior to providing the County with on-site or remote support under the Contract: Submit to level 2 background screening, pursuant to Section 435.04, Florida Statutes, performed by the County that includes a “Florida” and “national” fingerprint-based record check.

Successfully complete an initial security awareness training course to start working under the Contract and annual security awareness refresher training thereafter. The security awareness training course shall be approved by the County and the Contractor shall provide written certification annually attesting that all its personnel working under this Contract have completed the required security awareness training.

Receive a copy of FBI CJIS Security Addendum of the Contract and FBI CJIS Security Policy (current version) of the Contract, and execute an acknowledgement of such receipt using FBI CJIS Security Addendum

Acknowledgement Form. The Contractor is responsible for providing signed FBI CJIS Security Addendum

Acknowledgement Form(s) to the County Project Manager.

2.24. Source Code in Escrow

A. Source Code

1. In the event the Contractor ceases to maintain experienced staff and resources needed to provide any required software maintenance, the County shall be entitled to have, use, and duplicate for its own use, a copy of the source code, compiler instructions, passwords, file structure and any other software required for a fully operational recovery, along with all documentation for the software products covered by the Contract.

2. Until such time as a complete copy of such material is provided, the County shall have exclusive right to possess all physical embodiments of such Contractor-owned materials.

3. The rights of the County in this respect shall survive for a period of twenty (20) years after the expiration or termination of the awarded Contract.

4. All lease and royalty fees necessary to support this right are included in the initial license fee as contained in the price schedule.

B. Escrow Agreement

1. Contractor shall provide a copy of the Software Escrow Agreement for the software with the submittal documents provided by the Contractor, or indicate that an agreement shall be provided.

2. Alternatively, Contractors may provide a statement that the County will be provided, upon award of Contract, a copy of the source code, compiler instructions, file structure, documentation, and any other software required to produce a fully operational and recovered system.

3. All copies provided to the County or stored in escrow shall be maintained at the most current version of the Contractor’s application software source code, compiler instructions, passwords, file structure, along with any other software, implementation instructions, and license keys required to operationally recover the County systems, should the Contractor default.

4. In lieu of an Software Escrow Agreement, Contractors may provide the County with other options for consideration.

3. General Terms and Conditions

3.1. Submission of Offers

The County of Volusia is requesting proposals for the service and/or product(s) detailed within this solicitation. If your company is interested in submitting a proposal to provide this service and/or product(s), please provide the requested information in this solicitation, complete the included forms, and submit these documents with your response through OpenGov Procurement, at https://procurement.opengov.com/portal/volusia, by the date and time posted. The submission of responses prior to the specified date and time is solely and strictly the responsibility of the Respondent.

Responses received after the posted date and time will not be considered. Additional information may be submitted with the response. No offer may be modified after acceptance. Terms and conditions differing from those in this solicitation may be cause for disqualification of the Response. Failure to provide the required information may result in the Response not being considered.

Responses submitted in OpenGov will remain locked and inaccessible by County purchasing staff until the Submission deadline.

Do not submit confidential information, proprietary information and/or trade secrets.

3.2. Respondent's Responsibility

The Respondent, by submitting a Response, represents that:

A. The Respondent has read and understands the Solicitation in its entirety and that the Response is made in accordance therewith;

B. The Respondent possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the County;

C. The Respondent has made all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the Agreement and to verify any representations made by the County of Volusia, Florida, upon which the Respondent will rely.

If the Respondent receives an award because of its Response, failure to have made such investigations and examinations will in no way relieve the Respondent from its obligations to comply in every detail with all provisions and requirements of the Agreement, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the

Respondent for additional compensation or relief; and, D. The Respondent will be held responsible for any and all discrepancies, errors, etc., in discounts or rebates which are discovered during the Agreement term or up to and including three (3) fiscal years following the County’s annual audit.

E. The Respondent shall examine the drawings, specifications, and other Contract Documents (as applicable) carefully and inform itself thoroughly regarding any and all conditions and requirements, including the construction schedule that may in any manner affect the Work to be performed under the Agreement. Ignorance on the part of the Contractor shall in no way relieve itself of the obligations and responsibilities assumed under the Agreement.

3.3. Opening

Pursuant to Section 119.071, Florida Statutes, responses and the completed tabulation will be available for inspection within thirty (30) days of Solicitation opening. Contact the Purchasing and Contracts Office during regular business hours to inspect responses and the completed tabulation or go to the County's eProcurement Portal for inspection of the completed tabulation. The foregoing notwithstanding, if, prior to the County’s making responses available for inspection, the County rejects all responses and concurrently provides notice of the County’s intent to reissue the solicitation, then the County may avail itself of the exemption for rejected responses set forth in Section 119.071, Florida Statutes, to the extent such Section may apply.

Solicitation openings and public meetings may be attended either in person or remotely. Solicitation openings may be accessed remotely as described in the introduction timeline section of this Solicitation.

In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the County’s ADA Coordinator at 386-248-1760 for assistance at least two (2) business days before any meeting date.

Assisted listening system receivers are available for the hearing impaired and can be obtained from the

Deputy Clerk by contacting the County’s ADA Coordinator at 386-248-1760. Read the full ADA Notice under The American with Disabilities Act (Title II), atwww.volusia.org/core/fileparse.php/4175/urlt/ADANotice.pdf. Read the County of Volusia Grievance

Procedure under The Americans with Disabilities Act (Title II).

3.4. Public Records Law

Pursuant to section 119.0701(2)(a), Florida Statutes, the County is required to provide Contractor with this statement and establish the following requirements as contractual obligations pursuant to the

Agreement:

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

386-736-5935, purchasing@volusia.org, by mail, Purchasing and Contracts Division, Attn: Public Records Custodian, 123 W. Indiana Ave. Rm. 302 DeLand, FL 32720.

By entering into a Contract, Contractor acknowledges and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of services provided under a Contract are public records subject to the public records disclosure requirements of section 119.07(1), Florida

Statutes, and Article I, section 24 of the Florida Constitution. Pursuant to section 119.0701, Florida

Statutes, any Contractorentering into a Contract for services with the County is required to:

A. Keep and maintain public records required by the County to perform the Services and Work provided pursuant to the Contract.

B. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed…