PD_18-19.075_Agreement_Fully_Executed_Global_Tel_Link.pdf

DRAFT MINUTES – NOVEMBER 7, 2019

COUNTY ADMINISTRATOR'S REPORT – Continued

II. BUDGET/FINANCE CONSENT AGENDA – Continued

18. Continued…

An Invitation to Bid for project PD 18-19.084, Escambia County ADA Modifications Task 2A was publicly noticed via Vendor Registry to 99 registered individuals representing 84 firms. The solicitation was viewed by 43 firms and downloaded by 28.

Motion: Move the balance of the Budget Finance Consent Agenda in the affirmative For information: The “balance” refers to Budget/Finance Consent Agenda items 1 through 42, with the exception of items 17 and 26 which were held for separate votes, as amended to drop items 10, 11, and 37.

Made by: Commissioner Underhill Seconded by: Commissioner Bender Disposition: Carried 4-0, with Commissioner May having left the meeting

19. Recommendation: That the Board approve and authorize the County Administrator to sign the Revenue Agreement between Escambia County, Florida, and Global Tel*Link Corporation, per the terms and conditions of PD 18-19.075, Inmate Telephone System for Escambia County Jail, for a period of three years, with up to two one-year renewal options, with the total percent of revenue to the County of 88%.

[Funding: Fund 111, Detention/Jail Commissary; Revenue Account 342302]

PD 18-19.075, Inmate Telephone System for Escambia County Jail, was publicly noticed via Vendor Registry to 63 registrants representing 44 firms. A total of 41 firms viewed the solicitation and the solicitation was downloaded by a total of 33 firms.

Motion: Move the balance of the Budget Finance Consent Agenda in the affirmative For information: The “balance” refers to Budget/Finance Consent Agenda items 1 through 42, with the exception of items 17 and 26 which were held for separate votes, as amended to drop items 10, 11, and 37.

Made by: Commissioner Underhill Seconded by: Commissioner Bender Disposition: Carried 4-0, with Commissioner May having left the meeting

20. Recommendation: That the Board approve and authorize the County Administrator to sign the Purchase Order to Alan Jay Chevrolet Cadillac, Inc. d/b/a Alan Jay Chevrolet Buick GMC (Vendor 091476), for four Nissan Frontiers for Building Services, per the terms and conditions of solicitation PD 18-19.113, Four Nissan Frontiers for Building Services, with a per-unit price of $24,986, and the total price for four units being $99,944.

(Continued on Page 31)

AI-16892 County Administrator's Report 12. 19.

BCC Regular Meeting Budget & Finance Consent Meeting Date: 11/07/2019 Issue: Contract Award for Inmate Telephone Services for Escambia

County Jail From: PAUL NOBLES, Purchasing Manager Organization: Asst County Administrator CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Contract Award for Inmate Telephone System for Escambia County Jail - William R. Powell, Director of Corrections, and Paul Nobles, Purchasing Manager, Office of Purchasing

That the Board approve and authorize the County Administrator to sign the Revenue Agreement between Escambia County, Florida, and Global Tel*Link Corporation, per the terms and conditions of PD 18-19.075, Inmate Telephone System for Escambia County Jail, for a period of three years, with up to two one-year renewal options, with the total percent of revenue to the County of 88%.

[Funding: Fund 111, Detention/Jail Commissary; Revenue Account 342302]

PD 18-19.075, Inmate Telephone System for Escambia County Jail, was publicly noticed via Vendor Registry to 63 registrants representing 44 firms. A total of 41 firms viewed the solicitation and the solicitation was downloaded by a total of 33 firms.

NON-ADA COMPLIANT DOCUMENTS TO BE DISTRIBUTED UNDER SEPARATE

COVER:

Original Solicitation with Addenda Register of Proposers Bid Response from Global Tel*Link Corporation Short-List Score Sheets Final Ranking Score Sheets Bid Distribution List Bid Analytics Agreement with Exhibits

BOARD OF COUNTY COMMISSIONERS

Escambia County, Florida

BACKGROUND:

The Request for Proposals for PD 18-19.075, Inmate Telephone Services for Escambia County Jail, was was publicly noticed on June 13, 2019, via Vendor Registry to 63 registrants representing 44 firms. A total of 41 firms viewed the solicitation and the solicitation was downloaded by a total of 33 firms.

On July 26, 2019, responses were received from eight firms and the Selection/Negotiation Committee ranked the short-listed firms in the following order:

GTL d/b/a Global Tel*Link;1.

Securus Technologies, Inc.;2.

CenturyLink; and3.

NCIC Inmate Communication.4.

Two negotiations were held, resulting in the Final and Best Offer being established on October 8, 2019.

BUDGETARY IMPACT:

Funding: Fund 111, Detention/Jail Commissary; Revenue Account 342302

LEGAL CONSIDERATIONS/SIGN-OFF:

Agreement prepared by Kristin Hual, Senior Assistant County Attorney.

PERSONNEL:

All work associated with this Recommendation was done in-house and no additional staff was required.

POLICY/REQUIREMENT FOR BOARD ACTION:

This Recommendation is in compliance with the Code of Ordinances of Escambia County, FL 1999, Chapter 46, Finance, Article II Purchases and Contracts.

IMPLEMENTATION/COORDINATION:

The Office of Purchasing will issue the Agreement. The Escambia County Corrections Department will be the Contract Administrator.

Attachments No file(s) attached.

AGREEMENT FOR INMATE TELEPHONE SYSTEM

FOR ESCAMBIA COUNTY JAIL (PD 18-19.075)

THIS AGREEMENT is entered into by and between Escambia County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing address is 221 Palafox Place, Pensacola, Florida 32502, and Global Tel *Link Corporation (hereinafter referred to as "Contractor"), a foreign for-profit corporation authorized to conduct business in the State of Florida, FEI/EIN 63-1071001, whose principal address is 3120 Fairview Park Drive, Suite 300, Falls Church, VA 22042.

WITNESSETH:

WHEREAS, on June 12, 2019, the County issued a Requestfor Proposals (PD 18-19.075) seeking a qualified contractor to install, operate, and maintain an inmate telephone system for Escambia County Jail facilities; and

WHEREAS, Contractor was the most responsive and responsible firm proposing to deliver, install, operate and maintain such services; and

WHEREAS, the County desires to enter into an agreement with Contractor as specified herein.

NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, the County and the Contractor agree as follows:

1. Recitals. The recitals contained in the preamble of this Agreement are declared to be true and correct and are hereby incorporated into this Agreement.

2. Term. The initial term of this Agreement shall commence upon the date last executed and continue for a term of thirty-six (36) months. Upon mutual agreement, the contract may be renewed for two (2) additional twelve ( 12) month renewal terms. Either party may provide written notice of the desire to extend the agreement no later than thirty (30) days prior to the expiration of the current term. The total duration of this agreement, including the exercise of all options to renew/extend, shall not exceed the duration of sixty (60) months.

3. Scope of Services. Contractor agrees to perform in accordance with the scope of work outlined in Escambia County's Request for Proposals for "Inmate Telephone System Escambia County Jail," Specification No. P.D. 18-19.075, attached hereto as Exhibit A, and as further specified in the Contractor's Proposal, attached hereto as Exhibit B. In the event of a conflict between the terms of the Exhibits referenced in this Agreement, the terms of this Agreement shall prevail.

4. Fee. As consideration for the Contractor's right to provide an inmate telephone system for Escambia County Jail facilities, Contractor shall pay County a fee equal to a percentage of the Contractor's Gross Revenue, as defined herein, as provided in the Contractor's Proposal, attached hereto as Exhibit B.

For the purpose of this Agreement, the term "Gross Revenue" shall mean amounts billed for completed calls billed via a local exchange carrier or a prepaid account or debit account established for the inmate telephone system. Gross Revenue shall not include any taxes or fees assessed by governmental entities.

5. Reporting. Contractor shall submit a report to the County on a monthly basis documenting the call activity, billing reports, and amount due and owing to the County along with any relevant supporting documentation required by the County. Contractor shall remit fees owed to the County within sixty (60) days of the close of each monthly billing cycle.

6. Calling Rates and Fees. The applicable rates and fees to be charged for calls made by inmates using the inmate telephone system shall be in accordance with the Contractor's Proposal, attached hereto as Exhibit B. All inmate phones will be programmed to process collect, debit and prepaid calls only. Calls charged to a third party or credit cards will not be permitted.

Call charges will accrue from the time at which the receiving party accepts the call and end at the time when either party terminates the connection by returning the handset to the on-hook position or attempts a hook-flash. No charges will accrue for any set-up time. Contractor shall be solely responsible for any fraudulent usage or expenses related to fraudulent use of the inmate telephone service by inmates.

7. Ownership of Equipment. All equipment, fixtures, and supplies furnished by Contractor for the operation of the inmate telephone service provided pursuant to this Agreement shall remain the sole property of the Contractor. Upon the termination or expiration of this Agreement, the County shall allow the Contractor reasonable access to the facility during normal business hours to remove the equipment. Contractor shall be responsible for restoring the premises to the condition that existed immediately prior to the installation of said equipment.

8. Maintenance. Contractor shall be responsible for the maintenance and repair of all equipment, fixtures, and supplies furnished by Contractor for the operation of the inmate telephone system at no cost to the County. County will allow the Contractor reasonable access to the facilities during normal business hours to perform such maintenance and repair. Should the County receive any notification of equipment malfunction or loss of service, County shall promptly notify the Contractor. The Contractor's failure to properly maintain the inmate phone system to the reasonable satisfaction of the County shall constitute a breach of the Agreement and grounds for immediate termination.

9. Loss. Damage. Destruction. County will not be liable for any loss, damage, or destruction to equipment, fixtures, and supplies furnished by Contractor for the operation of the inmate telephone system. The parties will cooperate and use their best efforts to prevent fraudulent usage and any theft, excessive vandalism, or other damage to the inmate phone system.

10. Termination. This Agreement may be terminated for cause or convenience by the County upon providing thirty (30) days written notice to Contractor. This Agreement may be terminated for cause by the Contractor upon providing ninety (90) days written notice to the County.

11. Indemnification. The Contractor agrees to save harmless, indemnify, and defend County and its agents, officers and employees from any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind, losses, penalties, interest, demands, judgments, and cost of suit, including attorneys' fees and paralegals' fees, for any expense, damage or liability incurred by any of them, whether for personal injury, death, property damage, direct or consequential damages, or economic loss, including environmental impairment, arising directly or indirectly, on account of or in connection with the Contractor's negligent, reckless, or intentional wrongful misconduct in the performance of this Agreement or by any person, firm, or corporation to whom any portion of the performance of this Agreement is subcontracted to or used by the Contractor or by anyone for whom the Contractor is legally liable. The parties understand and agree that such indemnification by the Contractor relating to any matter, which is the subject of this Agreement, shall extend throughout the term of this Agreement and any statutes of limitation thereafter. The Contractor's obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance. The Contractor agrees to pay on behalf of Escambia County, as well as provide a legal defense for the County, both of which will be done only if and when requested by the County, for all claims relating to this Agreement. Such payment on the behalf of the County shall be in addition to any and all other legal remedies available to the County and shall not be considered to be the County's exclusive remedy.

12. Insurance. The Contra~tor is required to carry the following insurance:

(a) Commercial General Liability, Form CG1, with $1,000,000 per occurrence. Excess or umbrella insurance may be purchased to make up the difference, if any, between the policy limits of the underlying policies;

(b) Business Automobile Liability with $1,000,000 per occurrence minimum combined single limits for all hired, owned, and non-owned vehicles; and

(c) Florida statutory workers' compensation and employers' liability with employer's liability limits of at least $100,000 each accident and $100,000 each employee/$500,000 policy limit for disease.

It is understood and agreed by the parties that in the event that the Contractor consists of a joint venture, partnership, or other association of professional or business firms, each such firm shall be required to individually carry the above cited coverages.

Contractor agrees all liability coverage shall be through carriers admitted to conduct business in the State of Florida. Carriers shall be "A" or other Secure Best Rating with a minimum financial size of "VII", according to the A.M. Best Key Rating Guide Latest Edition. The insurance policies shall be endorsed to provide at least 30 days' advance notice of cancellation, nonrenewal or adverse change. Such notices shall be mailed to Escambia County, Office of Purchasing, Post Office Box 1591, Pensacola, Florida 32591.

The Board of County Commissioners and Escambia County shall be endorsed as "additional insureds" on all liability policies (except Workers' Compensation and professional liability).

Certificates of Insurance shall be provided to Escambia County, Office of Purchasing, Post Office Box 1591, Pensacola, Florida 32591 prior to commencement of work hereunder. Certificates shall reflect the additional insured status of Escambia County. The Board of County Commissioners and Escambia County shall also be the certificate holders.

13. Independent Contractor Status. In the performance of this Agreement hereunder, Contractor is an independent contractor. Contractor shall not hold itself out as an employee, agent or servant of the County; and Contractor shall not have the power or authority to bind the County in any promise, agreement or representation, other than as specifically provided in this Agreement or as may be expressly provided hereafter in writing by an authorized official of the County.

14. Notice. Any notice, payment or other communication under this Agreement required hereunder or desired by the party giving such notice shall be given in writing and delivered by hand or through the instrumentality of certified mail of the United States Postal Service or private courier service, such as Federal Express. Unless otherwise notified in writing of a new address, notice shall be made to each party as follows:

To: Global Tel *Link Corporation Attention: President 3120 Fairview Park Drive, Ste. 300 Falls Church, VA 22042

To: Escambia County Attention: County Administrator 221 Palafox Place, Suite 420 Pensacola, Florida 32502

Rejection, or other refusal by the addressee to accept, or the inability of the courier service or the United States Postal Service to deliver because of a changed address of which no notice was given, shall be deemed to be receipt of the notice sent. Any party shall have the right, from time to time, to change the address to which notices shall be sent by giving the other party at least ten (10) days prior notice of the address change.

15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and the parties stipulate that venue shall be in the County of Escambia.

16. Public Records. The Contractor acknowledges that this Agreement and any related financial records, audits, reports, plans correspondence, and other documents may be subject to disclosure to members of the public pursuant to Chapter 119, Florida Statutes. Contractor shall maintain all such public records and, upon request, provide a copy of the requested records or allow the records to be inspected within a reasonable time. Contractor shall also ensure that any public records that are exempt or exempt and confidential from disclosure are not disclosed except as authorized by law. Upon the expiration or termination of the Agreement, Contractor agrees to maintain all public records for a minimum period of five (5) fiscal years in accordance with the applicable records retention schedules established by the Florida Department of State.

In the event the Contractor fails to abide by the provisions of Chapter 1191 Florida Statutes, the County may, without prejudice to any other right or remedy and after giving the Contractor and surety, if any, seven days written notice, during which period the Contractor still fails to allow access to such documents, terminate the contract.

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:

Escambia County Office of the County Administrator 221 Palafox Place, Suite 420 Pensacola, Florida 32502

(850) 595-4947

17. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes all prior oral or written agreements. Contractor acknowledges that it has not relied upon any statement, representation, prior or contemporaneous written or oral promises, agreements or warranties, except such as are expressed herein. The terms and conditions of this Agreement can only be amended in writing upon mutual agreement of the parties.

18. Compliance with Laws. Contractor agrees to comply with all federal , state and local laws, rules , policies, or guidelines related to the performance of this Agreement.

19. Assignment of Agreement. This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by Contractor without the prior written consent of the County. However, the Agreement shall run with the Escambia County Board of County Commissioners and its successors.

20. Miscellaneous. If any term or condition of this Agreement shall be invalid or unenforceable, the remainder of the terms and conditions of this Agreement shall remain in full force and effect.

This Agreement shall not be more strictly construed against either party hereto by reason of the fact that one party may have drafted or prepared any or all of the terms and provisions hereof.

21. Authority. Each individual executing this Agreement on behalf of a corporate or governmental party represents and warrants that he is duly authorized to execute and deliver this Agreement on behalf of said party, in accordance with any a duly adopted action of the governing board of said party in accordance with applicable law, and that this Agreement is binding upon said party in accordance with its terms.

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature:

COUNTY:

BOARD OF COUNTY COMMISSIONERS

ESCAMBIA COUNTY, FLORIDA

Wiln.Jila~~ Ja ice P. Gilley, County Ad Date: f I - I Lf - f q istrator

Witness:~~

CONTRACTOR: Global Tel *Link Corporation

Bya~au Deb Alderson, President/CEO

Approved as to form and legal sufficiency.

--- - . -. -- ... .:,. Date: 10-10-2019 .. -: -

ESCAMBIA COUNTY FLORIDA

REQUEST FOR PROPOSAL

Inmate Telephone System Escambia County Jail

Specification Number PD 18-19.075

Proposals Will Be Received Until: 2:00 p.m., CDT, July 17, 2019

A Non-Mandatory Pre-Proposal Conference will be held at the Escambia County Jail, 2935 North L Street, Pensacola, Florida, 32501 on June 26, 2019 beginning at 10:00 a.m., CDT. All proposers are encouraged to attend.

Office of Purchasing, Room 11.101 213 Palafox Place, Pensacola, FL 32502

Matt Langley Bell III Building Post Office Box 1591

Pensacola, FL 32591-1591

Board of County Commissioners Lumon J. May, Chairman

Steven Barry, Vice Chairman Jeff Bergosh

Robert D. Bender Douglas B. Underhill

From:

Paul R. Nobles

Purchasing Manager

All requests for assistance should be made in writing when possible. Responses will be provided to all known submitters in writing. No verbal responses will be provided.

Assistance:

Jeffrey Lovingood Office of Purchasing Purchasing Coordinator 2nd Floor, Matt Langley Bell, III Building Phone: (850) 595-4953 213 Palafox Place, Room 11.101 Email: JDLovingood@myescambia.com Pensacola, FL 32502

NOTICE

It is the specific legislative intent of the Board of County Commissioners that NO CONTRACT under this solicitation shall be formed between Escambia County and the awardee Vendor until such time as the contract is executed by the last party to the transaction.

SPECIAL ACCOMMODATIONS

Any person requiring special accommodations to attend or participate, pursuant to the Americans with Disabilities Act, should call the Office of Purchasing, (850) 595-4980 at least five (5) working days prior to the solicitation opening.

NOT ADA COMPLIANTEXHIBIT A

ESCAMBIA COUNTY FLORIDA

REQUEST FOR PROPOSALS

PROPOSER'S CHECKLIST

Inmate Telephone System Escambia County Jail

SPECIFICATION PD 18-19.075

HOW TO SUBMIT YOUR PROPOSAL:

• Please review this document carefully. Offers that are accepted by the County are binding contracts. INCOMPLETE PROPOSALS ARE NOT ACCEPTABLE. All documents and submittals shall be received by the office of purchasing on or before date and hour for specified for receipt. Late proposals will be returned unopened.

* Documents submitted with Proposal are to be on the forms provided in the Request for Proposals and photocopies of other required documents.

THE FOLLOWING DOCUMENTS SHALL BE RETURNED WITH PROPOSAL:

• One (1) paper copy and one (1) CD or flash drive of the entire Proposal

THE FOLLOWING DOCUMENTS SHOULD BE RETURNED WITH PROPOSAL:

• Certificate of Authority to do Business from the State of Florida (Information Can Be

Obtained at http://www.sunbiz.org/search.html)

• Letter from Insurance Carrier as to Capacity to Provide a Certificate of Insurance as

Specified In the “Insurance Requirements”

• Sworn Statement Pursuant to Section 287.133 (3)(A), Florida Statutes, On Entity Crimes

• Drug-Free Workplace Form

• Information Sheet for Transactions and Conveyances Corporate Identification

BEFORE YOU SUBMIT YOUR PROPOSAL, HAVE YOU:

• Placed your proposal with all required submittal items in a sealed envelope clearly marked for specification number, project name, name of proposer, and due date and time of proposal receipt?

THE FOLLOWING SUBMITTALS ARE RETURNED UPON NOTICE OF AWARD:

• Certificate of Insurance

This Form Is for Your Convenience to Assist in Filling Out Your Proposal Only.

Do Not Return with Your Proposal i

Inmate Telephone System Escambia County Jail

SPECIFICATION PD 18-19.075

Table of Contents

Page

Sworn Statement Pursuant to Section 287.133 (3)(a), Florida Statutes, on Entity Crimes 1

Drug-Free Workplace Form 3

Information Sheet for Transactions and Conveyances and Corporate Identification 4

General Terms and Conditions (By Reference) 6

Special Terms and Conditions (Include Indemnification, Safety and Insurance) 8

Part I General Information 15

Part II Information Required from Contractors 17

Part III Criteria for Selection 19

Part IV Scope of Work 19

Attachment A - Pricing 26 ii

SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A),

FLORIDA STATUTES, ON ENTITY CRIMES

1. This sworn statement is submitted to ________________________________________

(Print Name of Public Entity)

By ____________________________________________________________________ (Print Individual’s Name and Title)

For ___________________________________________________________________

(Print Name of Entity Submitting Sworn Statement)

Whose business address is:

And (if applicable) its Federal Employer Identification Number (FEIN) is:

If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ________________________________________________________

2. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

3. I understand that “convicted” or “conviction” as defined in paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

a. A predecessor or successor of a person convicted of a public entity crime; or

b. An entity under the control any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate.

RFP PD 18-19.075

c. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

d. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. Indicate which statement applies.

_____ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

_____ The entity submitting this sworn statement, or one or more of its officers, directors, management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

_____ The entity submitting this sworn statement, or one or more of its officers, directors, management of the entity, or an affiliate of the entity has been charged with a convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that is not in the public interest to place the entity submitting this sworn statement on the convicted Vendor list. (Attach a copy of the final order.)

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER

FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH ONE (1) ABOVE IS FOR THAT

PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE

CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED

TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF

THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR

CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

Signature Sworn to and subscribed before me this _____ day of _______________________________, 20_____. Personally known _______________________ OR produced identification ________________ Type of Identification: _________________ Notary Public: State of ______________________

My Commission Expires: _____________________

(Printed, Typed, or Stamped Commissioned Name of Notary Public)

Drug-Free Workplace Form

The undersigned Vendor, in accordance with Florida Statue 287.087 hereby certifies that ______________________________________________ does:

(Name of Business)

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business’ policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph One (1).

4. In the statement specified in Paragraph One (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or please of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on or require the satisfactory participation in a drug assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraphs 1 through 5.

Check One:

_____ As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements.

_____ As the person authorized to sign this statement, this firm does not comply fully with the above requirements.

Offeror’s Signature

Date

Information Sheet for Transactions and Conveyances Corporate Identification

(Page 1 of 2)

The following information will be provided to the Escambia County Legal Department for incorporation in legal documents. It is, therefore, vital that all information is accurate and complete. Please be certain that all spelling, capitalization, etc. is exactly as registered with the state or Federal Government.

(Please Circle One) Is this a Florida Corporation: Yes or No

If not a Florida Corporation:

In what state was it created: ___________________________________________ Name as spelled in that state: __________________________________________

What kind of corporation is it: “For Profit” or “Not for Profit”

Is it in good standing: Yes or No

Authorized to transact business in Florida: Yes or No

State of Florida Department of State Certificate of Authority Document Number:

Does it use a registered fictitious name: Yes or No

Names of Officers:

President: ___________________________ Vice President: _______________________ Director: ____________________________ Other: ______________________________

Secretary: ___________________________ Treasurer: ___________________________ Director: _____________________________ Other: _______________________________

Name of Corporation (As Used in Florida)

(Spelled Exactly as it is Registered with the state or Federal Government)

Corporate Address:

Post Office Box: _____________________________________ City, State, Zip: ______________________________________

Street Address: ______________________________________ City, State, Zip: ______________________________________

(Please provide both the Post Office Box and street address for mail and/or express delivery;

also for recorded instruments involving land.)

Please complete this form on the following page.

Information Sheet for Transactions and Conveyances Corporate Identification

(Page 2 of 2)

Federal Identification Number:

(For all instruments to be recorded, taxpayer’s identification is needed.)

Contact Person for Company:

E-Mail: ___________________________________ Telephone: ___________________ Facsimile: ____________________

Name of Individual Who Will Sign the Instrument on Behalf of the Company:

Upon Certification of Award, Contract shall be signed by the President or Vice President. Any other officer shall have permission to sign via a resolution approved by the Board of Directors on behalf of the company. Awarded Contractor shall submit a copy of the resolution together with the executed Contract to the Office of Purchasing.

(Spelled exactly as it would appear on the instrument.)

Title of the Individual Named Above Who Will Sign on Behalf of the Company:

END

Verified by: _________________________ Date: _______________

ESCAMBIA COUNTY, FLORIDA

GENERAL TERMS and CONDITIONS

The following General Terms and Conditions are incorporated by reference and have the same legal effect as if printed in its entirety.

A full textual copy of these conditions may be obtained by visiting the Office of Purchasing web site (see Proposal Information below), by telephoning the Office of Purchasing at 850-595-4980, or by fax at 850-595-4806.

NOTE: Any and all Special Terms and Conditions and specifications referenced within the solicitation which varies from these General Terms and Conditions shall have precedence.

Submission of the Solicitation, Offer, and Proposal Form(s) in accordance with these General Terms and Special Terms and Conditions constitutes an offer from the Offeror. The conditions incorporated herein become a part of the written Agreement between the parties.

PROPOSAL INFORMATION: See Escambia County Office of Purchasing web site at https://myescambia.com/our-services/purchasing then click “Solicitations”.

1. Sealed Solicitations

2. Execution of Solicitation

3. No Offer

4. Solicitation Opening

5. Prices, Terms, and Payment

5.01 Taxes

5.02 Discounts

5.03 Mistakes

5.04 Condition and Packaging

5.05 Safety Standards

5.06 Invoicing and Payment

5.07 Annual Appropriations

6. Additional Terms and Conditions

7. Manufacturers’ Name and Approved Equivalents

8. Interpretations/Disputes

9. Conflict of Interest

9.01 County Procedure on Acceptance of Gifts

9.02 Contractors Required to Disclose Any Gift Giving

9.03 Gratuities

10. Awards

11. Non-Conformation to Contract Conditions

12. Inspection, Acceptance, and Title

13. Governmental Restrictions

14. Legal Requirements

15. Patents and Royalties

16. Price Adjustments

17. Cancellation

18. Abnormal Quantities

19. Advertising

20. Assignment

21. Liability

RFP PD 18-19.075

https://myescambia.com/our-services/purchasing

The following General Terms and Conditions are incorporated by reference (Continued)

22. Facilities

23. Distribution of Certification of Contract

24. The Successful Bidder(s) Must Provide

25. Addition/Deletion of Items

26. Ordering Instructions

27. Public Records

28. Delivery

29. Samples

30. Additional Quantities

31. Service and Warranty

32. Default

33. Equal Employment Opportunity

34. Florida Preference

35. Contractor Personnel

36. Award

37. Uniform Commercial Code

38. Contractual Agreement

39. Payment Terms/Discounts

40. Improper Invoice; Resolution of Disputes

41. Public Entity Crimes

42. Suspended and Debarred Vendors

43. Drug-Free Workplace Form

44. Information Sheet for Transactions and Conveyances

45. Copies

46. License and Certifications – For access to Certification/Registration Form for doing

Business in Florida, go to the Department of State, Division of Corporations, URL:

http://dos.myflorida.com/sunbiz/search/

47. Execution of Contract

48. Purchase Order

49. No Contingent Fees

50. Solicitation Expenses

51. On-Line Auction Services

RFP PD 18-19.075

http://dos.myflorida.com/sunbiz/search/

SPECIAL TERMS AND CONDITIONS

The Board of County Commissioners, Escambia County, Florida, invites your company to submit a sealed offer on the item(s) as listed in this solicitation request.

All terms and conditions below are a part of this request, and no offer will be accepted unless all these conditions have been complied with. The County reserves the right to waive informalities in any offer; to reject any or all offers, in whole or in part, and/or to accept the offer(s) that in its judgement is from the lowest, most responsible, and responsive Offeror(s).

Instructions to Offerors

1. General Information

All offers to be considered shall be in the possession of the Office of Purchasing prior to the time of the solicitation closing. Offers may be mailed or delivered to the Office of Purchasing, 2nd Floor, Room 11.101, Matt Langley Bell, III Bldg., 213 Palafox Place, Pensacola, FL 32502, in a sealed envelope clearly marked:

Specification Number PD 18-19.075, “Inmate Telephone System Escambia County Jail”, Name of Submitting Firm, Time and Date due.

Note: If you are using a courier service (FedEx, Airborne, UPS, etc.) you must mark the air-bill and envelope or box with the Specification number and project name.

Regardless of the method of delivery, each Offeror shall be responsible for his offer(s) being delivered on time as the County assumes no responsibility for same. Offers offered or received after the time set for solicitation closing will be rejected and returned unopened to the Offeror(s).

The Following Policy will apply to all methods of source selection:

A. Conduct of Participants

After the issuance of any solicitation, all bidders/proposers/protestors or individuals acting on their behalf are hereby prohibited from lobbying as defined herein or otherwise attempting to persuade or influence any elected County officials, their agents or employees or any member of the relevant selection committee at any time during the blackout period as defined herein; provided, however, nothing herein shall prohibit bidders/proposers/protestors or individuals acting on their behalf from communicating with the purchasing staff concerning a pending solicitation unless otherwise provided for in the solicitation or unless otherwise directed by the Purchasing Manager.

B. Definitions

Blackout Period means the period between the time the proposals are received at the Escambia County Office of Purchasing and the time the Board awards the contract and any resulting protest is resolved or the solicitation is otherwise cancelled.

Lobbying means the attempt to influence the thinking of elected County officials, their agents or employees or any member of the relevant Selection Committee for or against a specific cause related to a pending solicitation for goods or services, in person, by mail, by facsimile, by telephone, by electronic mail, or by any other means of communication.

C. Sanctions

The Board may impose any one or more of the following sanctions on a non-employee for violations of the policy set forth herein:

1) Rejection/Disqualification of Submittal,

2) Termination of Contract; or

3) Suspension or Debarment as Provided in Sec. 46-102 of the Escambia

County Code of Ordinances.

This policy is not intended to alter the procedure for Protested Solicitations and Awards as set forth in the Sec. 46-101 of the Escambia County Code of Ordinances.

2. Non-Mandatory Pre-Proposal Conference and Walkthrough

The Non-Mandatory Pre-Proposal Conference will take place at the Escambia County Jail, 2935 North L Street, Pensacola, Florida, 32501 on June 26, 2019 beginning at 10:00 a.m., CDT. At this time, the Board's representative will be available to answer questions relative to this Solicitation. Oral answers at the conference will not be binding to the County.

It is strongly encouraged that all potential proposers attend this non-mandatory conference so they can ask questions and be automatically notified of any updates prior to the Proposal Opening.

3. Licenses, Certifications, Registrations

The offeror shall at any time of proposal submission meet the license, certification, registration and any other requirements of the State, County, City and/or any other agency of authority with jurisdiction in such matters as necessary to perform the contractual services requested in this solicitation.

Copies of such licenses, certifications, registrations and any other requirements should be provided with the proposal submission; and, the offeror shall provide follow-up evidence that as the Contractor they maintain such credentials throughout the period of agreement.

4. Contract Term/Renewal/Termination

A. The contract resulting from this Solicitation shall commence effective upon execution by both parties and extend for a period of thirty-six (36) months. The contract may be renewed for two additional twelve (12) months periods, up to a maximum sixty (60) months upon mutual agreement of both parties. If any such renewal results in changes in the terms or conditions, such changes shall be reduced to writing as an addendum to this contract and such addendum shall be executed by both parties and approved by the Board of County Commissioners.

Renewal of the contract shall be subject to appropriation of funds by the Board of County Commissioners.

B. The initiation County department(s) shall issue release (purchase) orders against the term contract on an "as needed" basis.

C. The contract may be canceled by the awarded Vendor, for good cause, upon ninety (90) days prior written notice.

D. The County retains the right to terminate the contract, with or without good cause, upon thirty (30) days prior written notice.

E. In the event of termination by either party as provided herein, the awarded Vendor shall be paid for services performed through the date of termination.

5. Termination

The purchase order or contract will be subject to immediate termination if either product or service does not comply with specifications as stated herein or fails to meet the County's performance standards. In the event that any of the provisions of the contract are violated by awarded Vendor, Escambia County may serve written notice upon the awarded Vendor of its intention to terminate the contract. Such notice is to state the reason(s) for such intention to terminate contract. The liability of the Vendor for any and all such violation(s) shall not be affected by any such termination and his surety, if any, shall be forfeited.

6. Termination (Services)

The Contract Administrator shall notify the Office of Purchasing of unsatisfactory performance and/or deficiencies in service that remain unresolved or recurring. The Office of Purchasing shall notify the Contractor, in writing, of such unresolved or recurring deficiencies within five (5) working days of notification by the Contract Administrator.

Upon the third such written notification of unsatisfactory performance and/or deficiencies to the Contractor by the Office of Purchasing within a four (4) month period; or the sixth such notification within any contract term, shall result in issuance of written notice of immediate contract termination to the Contractor by the Office of Purchasing. Such termination may also result in suspension or debarment of the Contractor.

7. Termination (Public Records Request)

If the Contractor refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this agreement then the County may, without prejudice to any right or remedy and after giving the Contractor and his surety, if any, seven (7) days written notice, during which period Contractor still fails to allow access, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon, owned by the Contractor, and may finish the project by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the project is finished. Reasonable terminal expenses incurred by the County may be deducted from any payments left owing the Contractor (excluding monies owed the Contractor for subcontract work.)

Insurance Requirements

8. Standard Insurance Requirements and Certificates

This offer contains an extensive insurance requirement. Offerors are encouraged to review these requirements with their insurance agents before submitting offers.

It is not necessary to have this level of insurance in effect at the time of submitting the offer.

A letter from the offeror's insurance carrier will be required as evidence that the offeror will be able to obtain the levels of insurance as required by the contract and indicated on the Sample Certificate of Insurance should your firm be awarded the contract.

County Insurance Required

The Contractor shall procure and maintain the following described insurance, except for coverages specifically waived by the County. Such policies shall be from insurers with a minimum financial size of VII according to the latest edition of the AM Best Rating Guide.

An A or better Best Rating is "preferred"; however, other ratings if "Secure Best Ratings" may be considered. Such policies shall provide coverages for any or all claims which may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the contract documents, whether such services, work and operations be by the Contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.

The Contractor shall require and shall be responsible for assuring throughout the time the agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor’s work, such of the insurance coverages described herein as are required by law to be provided on behalf of their employees and others.

The required insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater.

These insurance requirements shall not limit the liability of the Contractor.

The County does not represent these types or amounts of insurance to be sufficient or adequate to protect the Contractor’s interests or liabilities but are merely minimums.

Except for worker’s compensation and professional liability, the Contractor’s insurance policies shall be endorsed to name Escambia County as an additional insured to the extent of its interests arising from this agreement, contract or lease.

The Contractor waives its right of recovery against the County, to the extent permitted by its insurance policies.

The Contractor’s deductibles/self-insured retentions shall be disclosed to the County and may be disapproved by the County. They shall be reduced or eliminated at the option of the County. The Contractor is responsible for the amount of any deductible or self-insured retention.

Insurance required of the Contractor or any other insurance of the Contractor shall be considered primary, and insurance of the County, if any, shall be considered excess, as may be applicable to claims obligations which arise out of this agreement, contract or lease.

Workers Compensation Coverage

The Contractor shall purchase and maintain workers compensation insurance for all workers compensation obligations imposed by state law and with employer’s liability limits of at least $100,000 each accident and $100,000 each employee/$500,000 policy limit for disease, or a valid certificate of exemption issued by the state of Florida, or an affidavit in accordance with the provisions of Florida Workers Compensation law.

Contractor shall also purchase any other coverages required by law for the benefit of employees.

General, Automobile and Excess or Umbrella Liability Coverage

The Contractor shall purchase and maintain coverage on forms no more restrictive than the latest editions of the commercial general liability and business auto policies of the insurance services office.

Minimum limits of $1,000,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies (including employers liability required in the workers compensation coverage section) and the total amount of coverage required.

General Liability…