RFP_Bail_Bond_Boards_FINAL.pdf

REQUEST FOR PROPOSAL FOR

BAIL BOND AGENT ADVERTISING BOARDS

The Sacramento County Sheriff’s Office is seeking proposals for bail bond agents advertising boards for its Custodial facilities. The advertising boards may be expanded in the future to include criminal defense attorneys but are not part of this RFP at this time.

The goal is to provide persons detained at its facilities with information concerning local bail bond agents. The Sheriff’s Office is seeking vendors who have the experience and technical capabilities to create and administer advertising boards for its facilities.

1. BACKGROUND

1.1 GENERAL DESCRIPTION

The Sacramento County Sheriff’s Office serves and protects the citizens of the

County by legally detaining those persons lawfully directed to its supervision in a safe and secure environment while providing for their care, custody, and control.

The Sacramento County Sheriff’s Office currently houses approximately 3500

Incarcerated Persons in two separate locations. The Main Jail is located at 651 I

Street, Sacramento, CA 95814, and the Rio Cosumnes Correctional Center is located at 12500 Bruceville Rd, Elk Grove, CA 95757.

The Sheriff’s Office currently has bail bond boards installed in multiple locations within the facilities, including the front lobby, the classification holding area, intake booking rooms, and all floors in the facility. Currently, there are 67 boards located in the facilities. Each current bail board is encased in a plexiglass frame to reduce tampering and destruction and measures 32 x 44. Frames and boards are installed by county jail staff.

1.2 GENERAL CRITERIA

The County’s goal is to continue this program to provide revenue to the

Incarcerated Persons Welfare Fund and to provide spaces for Bail Agent advertising and potentially Criminal Defense Attorneys. Proposals will be evaluated based on your ability to meet these goals and the specific requirements listed in Section 3 (page 8) of this RFP.

1.3 IMPORTANT INSTRUCTIONS FOR ELECTRONIC SUBMITTAL

The County is accepting electronic bid submissions. Bidders shall create a free account with OpenGov procurement by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to this page, click on "submit response", and follow the instructions to submit the electronic bid.

1.4 TENTATIVE SCHEDULE

Item Date

RFP release January 18, 2024

Proposals due by 5:00 pm January 31, 2024

Notification of selection February 4, 2024

Contract anticipated effective date May 1, 2024

1.5 FACILITY TOUR

If requested, a facility tour could be accommodated for prospective vendors. To request a tour please contact Sergeant Michael Lynn at 916-874-7166, Monday through Thursday between the hours of 9am-4pm. All persons must have valid identification with them and will be required to submit their full name, date of birth, social security number (if residency is outside the state of California), and driver’s license number to Sheriff’s Office staff before entering the facility so that a security check can be conducted.

1.6 DISPUTES

In case of doubt or differences of opinion as to the items to be furnished hereunder or the interpretation of the provisions of the bid, the decision of the

County of Sacramento will be final and binding upon all parties.

1.7 PUBLICITY

Any publicity giving reference to this RFP, whether in the form of press releases, brochures, photographic coverage, or verbal announcements, will be only with the approval of the Sacramento County Sheriff’s Office.

1.8 PROPOSAL VALIDITY PERIOD

Each proposal will state a period of time during which it is valid and may be accepted by the County of Sacramento. All proposals must be valid for a minimum of 120 calendar days from the date the proposals are submitted.

1.9 COUNTY DESIGNATED ADMINISTRATOR

The County designee for the RFP is:

Sergeant Michael Lynn

Sacramento County Sheriff’s Office, Correctional Services

4500 Orange Grove Ave, Sacramento, CA 95841

Tel: 916 874-7166 Fax: 916 874-8984

E-mail: mlynn@sacsheriff.com

All questions and responses from the County regarding the Request for Proposal must be submitted via the OpenGov Procurement platform. Any other oral instructions or information concerning specifications or requirements for this RFP given out by County officers, employees, or agents to prospective bidders, outside of an addendum, will not bind the County.

Bidders are specifically directed not to contact any other County personnel for meetings, conferences, or technical discussions related to this RFP.

1.10 NOTICE OF CONTRACT AWARD

The results of the RFP process will be posted to OpenGov Procurement on or about February 5, 2024. Do not contact the Sheriff’s Office for this information.

1.11 PRICE

The County of Sacramento will not pay costs incurred by prospective bidders in the preparation, printing, or demonstration of proposals or in the negotiation process. All costs must be borne by the bidder.

1.12 CONTRACT TERMS

In the event of an award, the form and the terms of the contract will be subject to approval by the Sacramento County Board of Supervisors, unless otherwise delegated. The contract will contain the following terms and conditions:

1.12.1 Contractor will be required to include all statements made in the response to the RFP into the contract for equipment and services or in an addendum to that contract.

1.12.2 The contract will be for a period of two years and subject to contract renewal for three consecutive one-year terms for a total amount of five years, or termination at the County’s discretion.

1.12.3 The contract will begin upon the signing and dating of the contract by both the Contractor and the County.

2. CONTRACTOR OBLIGATIONS

2.1 ACCESS TO RECORDS

The County of Sacramento authorized representative shall have access to the books, documents, papers, and records of any Contractor that are directly pertinent to this RFP or any contract awarded, for the purpose of making audits, examinations, excerpts, and transcripts.

2.2 INDEMNIFICATION

To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless County, its governing Board, officers, directors, officials, employees, and authorized volunteers and agents, (collectively “Indemnified

Parties”) from and against any and all claims, demands, actions, losses, liabilities, damages, and all expenses and costs incidental thereto (collectively “Claims”) including cost of defense, settlement, arbitration, and reasonable attorneys' fees, resulting from injuries to or death of persons, including but not limited to employees of either Party hereto, and damage to or destruction of property or loss of use thereof, including but not limited to the property of either Party hereto, arising out of, pertaining to, or resulting from the acts or omissions of the

Contractor, its officers, employees, or agents, or the acts or omissions of anyone else directly or indirectly acting on behalf of the Contractor, or for which the

Contractor is legally liable under law regardless of whether caused in part by an

Indemnified Party. Contractor shall not be liable for any Claims arising from the sole negligence or willful misconduct of an Indemnified Party where such indemnification would be invalid under Section 2782 of the Civil Code.

This indemnity shall not be limited by the types and amounts of insurance or self-insurance maintained by the Contractor or the Contractor’s subcontractors.

Nothing in this Indemnity shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.

The provisions of this Indemnity shall survive the expiration or termination of the contract.

2.3 INSURANCE

Without limiting Contractor’s indemnification, Contractor shall maintain in force at all times during the term of this Agreement and any extensions or modifications thereto, insurance as specified in Section 6. It is the responsibility of the

Contractor to notify its insurance advisor or insurance carrier(s) regarding coverage, limits, forms, and other insurance requirements specified in Section 6.

It is understood and agreed that the County shall not pay any sum to the

Contractor under the contract unless and until the County is satisfied that all insurance required by the contract is in force at the time services hereunder are rendered. Failure to maintain insurance as required in this agreement may be grounds for material breach of contract.

2.4 ADHERENCE TO LAW

The Contractor will comply with all federal, state, and local laws and ordinances applicable to the work to be done under any contract that may be negotiated.

2.5 NON-DISCRIMINATION

The County of Sacramento is an equal-opportunity employer. The Contractor will comply with all applicable federal, state, and local laws and regulations including the County of Sacramento’s equal opportunity requirements. Such laws include, but are not limited to, the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of

1973 (Sections 503 and 504); California Fair Employment and Housing Act

(Government Code sections 12900 et seq.); California Labor Code sections 1101, 1102 and 1102.1.

Contractor will not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation.

2.6 ASSIGNMENT OF CONTRACT

In the event a contract is negotiated, the contract, or any part thereof, including maintenance, will not be transferred, sublet, or assigned, in whole or in part, without the prior written consent of the County of Sacramento. Any assignment without consent will be null and void. This provision will not prohibit the

Contractor from entering into separate contracts with independent providers for limited individual services, as long as, such contracts will not have the effect of accomplishing an assignment otherwise prohibited within the contract awarded by the County of Sacramento.

2.7 CONTRACTOR STAFFING

County reserves the right to deny access to the Facilities to any person at any time as the County deems necessary.

All Contractor employees, agents, and representatives wishing to enter any

County Correctional Facility shall have prior approval from the County. This shall include a full background check to ensure that they are not convicted felons or sustained lesser convictions of relevant concern. The Contractor shall submit background check requests a minimum of six (6) weeks prior to needing access to the Facilities.

The Contractor shall provide employee names, contact information, addresses, and other pertinent personal data to the County at the time of award to facilitate the background check request process for staff requiring access to the Facilities.

Requests for security clearances will be done so by contacting the Sheriff’s Office

Main Jail Division, at (916) 874-7371. The Sheriff’s Office reserves the right to refuse entrance to any person(s) not in possession of a security clearance badge or to confiscate any security clearance badge issued at its discretion.

Contractor employees shall immediately notify their supervisor when an employee becomes aware of a friend or family member in custody. The

Contractor shall notify the County immediately in writing.

Contractor staff shall be prohibited from bringing cell phones, medication, and other prohibited personal items into the Facilities. Medical exceptions may be granted at the County’s discretion.

Prior to accessing any of the correctional facilities, Contractor shall also be required to complete annual training for the Prison Rape Elimination Act (PREA) provided by the County. Contractor employees who do not complete annual

PREA training may be prevented from entering the Facilities.

Fraternization between Contractor employees and incarcerated persons is strictly prohibited.

A. Inappropriate communication with incarcerated persons, including but not limited to passing notes or private conversations with Contractor employees, shall be immediately reported to Facility staff.

2.8 SECURITY

The Contractor agrees to exercise security measures consistent with the County and Facilities’ rules and policies.

While on the County’s premises, the Contractor’s staff must comply with all policies, procedures, rules and regulations, directives, and bulletins of the

Facilities. The contractor’s staff and all private vehicles, when located on the grounds of the Facilities, will be subject to search consistent with the published policies and procedures.

The Contractor’s staff will be required to use designated exits and entries into the

Facilities, sign in and out, and display identification badges as deemed necessary by the County while on premises.

The Contractor’s employees may not bring visitors into the Facilities.

Contractor’s employees must not have any social contact with incarcerated persons or their families.

All employees, agents, and representatives of Contractor, while working at

Facilities, shall carry or display acceptable identification.

The Contractor’s employees, agents, and representatives shall minimize interaction with incarcerated persons and shall report any verbal contact with them to the facilities’ security staff before leaving the site.

All persons, vehicles, packages, and equipment entering facilities are subject to search. Persons are required to clear metal detection devices and could be pat searched. Packages, briefcases, purses, and other containers will be searched and/or scanned by x-ray equipment. Drug K-9s may also be used to search persons, vehicles, packages, and equipment.

The Contractor’s employees, agents, and representatives shall not have any weapons (including jack knives or box cutters), cell phones, pagers, drugs, tobacco products, or any item deemed by the County to be potential contraband.

Facilities’ security staff can hold these items at the delivery sally-port and return them as the staff exits the grounds. Any illegal items shall not be returned and shall be reported to local law enforcement.

At the County’s discretion, the Contractor shall comply with any requests to reassign a Contractor employee, agent, or representative, whether or not the individual has passed the background check if it is determined by the County that there is a security concern.

The use of tobacco products is prohibited throughout all indoor and outdoor areas of property owned, leased, loaned, or under the control of the County, including parking lots owned or under the control of the County.

2.8 RIGHT TO CONDUCT BUSINESS: LICENSES, PERMITS AND TAXES

It is expressly understood that the County is not responsible in any way, manner, or form for any of Proposer’s costs, including but not limited to, taxes (including sales tax), shipping charges, insurance, interest, penalties, attorney fees, liquidated damages, licenses, fees, tariffs or other costs related to any and all Proposer’s services. Proposer agrees that it is entirely responsible for calculating, collecting, and remitting all fees and taxes to the State of California as applicable.

Proposers shall be responsible for all costs associated with obtaining all licenses, permits, and taxes required to operate in the State of California. Also, the

Proposal shall comply with all Federal, State, and local codes, laws, ordinances, regulations, and other requirements at no cost to the County.

2.9 INDEPENDENT CONTRACTOR STATUS

The contract, if awarded, will be by and between independent contractors and is not intended and will not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between the County and

Contractor. No party associated with or employed by the Contractor will have any claim under any contract or otherwise against the County for vacation pay, sick leave, retirement benefits, Social Security, Workers' Compensation, unemployment benefits, or employee benefits of any kind.

2.10 CONFIDENTIALITY

The Contractor agrees to comply with and to require its employees, and agents to comply with all applicable state or federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under the contract, their records, or services provided to them :

2.10.1 All applications and records concerning an individual made or kept by the

Contractor or any public officer or agency in connection with the administration of or related to services provided under the contract will be confidential and will not be open to examination for any purpose not directly connected with the administration of such service.

2.10.2 No person will publish, disclose, permit, or cause to be published or disclosed, any list of persons receiving services. Contractor agrees to inform all employees, agents, and partners of the above provisions and to further inform them that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor.

2.11 CONTRACT PROVISIONS

If a contract is awarded, the Contractor will comply with all of the following:

(1) Contractor will, during the term of the contract, comply with all applicable federal, state, and local rules, regulations, and laws.

(2) Contractor will maintain financial records adequate to show that County funds, paid under the contract, were used for purposes consistent with the terms of the contract. These records will be maintained during the term of the contract and for a period of three years from termination of the contract or until all claims, if any, are resolved, whichever period is longer.

(3) The failure of the Contractor to comply with this section or any portion thereof may be considered a material breach of the contract and may, at the option of the County, constitute grounds for the termination and/or non-renewal of the contract. The Contractor will be provided reasonable notice of any intended termination or non-renewal on the grounds of noncompliance with this section, and the opportunity to respond and discuss the County's intended action.

3. REQUIREMENTS

3.1 DISCLOSURE OF INFORMATION

Bidders are hereby informed that all proposals and related documents submitted in response to this RFP will be open to public inspection after an award has been made and a contract negotiated. Any contract that is negotiated will also be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a proposal.

3.2 CONTRACTOR QUALIFICATIONS AND REQUIREMENTS

The Contractor must provide a separate explanation in the proposal confirming how each of the following qualifications and requirements will be met. The proposal must follow the exact format of this RFP. Do not refer to other sections of your proposal or consolidate your answers.

3.2.1 The Contractor must be able secure and execute individual agreements with licensed and registered bail bond agents who wish to advertise their services on these boards. Contractor shall be responsible for verifying that all advertisers hold a valid license with the State Regulatory Agency i.e., the Department of

Insurance.

3.2.2 The Contractor shall place the names of all properly licensed bail bond agents who wish to advertise their services in the Sacramento County

Correctional facilities, on a professionally-crafted poster-style board or a clear film transparency for display.

3.2.3 The Contractor shall develop and conduct a fair and impartial process

(lottery style) for the placement and display of advertising by bail bond agents on the boards in a manner approved by the Sheriff’s Office.

3.2.4 The Contractor shall develop and conduct a fair and unbiased process for rotating all advertising every six months and replacing individual advertisements on these boards in compliance with all state laws and regulations governing these advertisers in a manner approved by the Sheriff’s Office. Available advertising space shall be open to all licensed bail bond agents per California State Business and Professions Code 17040.

3.2.5 The process must limit each licensed and regulatory-sanctioned business entity to one equally-sized advertising space. Additional space must be allocated, at no cost, for an alphabetical listing of all bail agents, and their telephone numbers, located in the County. All listings must be pre-approved by the

Sheriff’s Office.

3.2.6 The Contractor can use existing bail boards or must supply boards which shall have special frames, shatter resistant plexiglass covers, and security screws to prevent incarcerated persons from removing, damaging, or defacing the boards.

All materials used must be approved by the Sheriff’s Office prior to installation.

3.2.7 Proposals must contain a detailed outline of any and all commissions, commission rates and advertising revenues to be paid to the County based on the number of potential advertisers. This should include a percentage amount based on gross revenues for the life of the agreement.

3.2.8 Proposals must clearly identify all one-time and ongoing costs to the

County for the implementation or operation of the advertising board program. If applicable, list costs for the shatter-resistant plexiglass covers separately.

3.2.9 Proposals must include a statement that the bidder shall assume all costs relating to any changes to the boards. Changes will be limited to every six months if needed.

3.3 FREIGHT TERMS

All shipments must be freight prepaid by the vendor.

3.4 DELIVERY LOCATIONS

Deliver to:

Sacramento Main Jail

651 I Street, Sacramento, CA 95814

Rio Cosumnes Correctional Facility

12500 Bruceville Rd, Elk Grove, CA 95757

3.5 PROPOSAL REQUIREMENTS

Proposer must completely respond to all requests for information and forms contained in this RFP to be considered for award and respond to all Vendor submission questions in OpenGov Procurement.

Brochures and advertisements will be considered an incomplete reply to requests for information. The proposer is solely responsible for the accuracy and completeness of the proposal. Proposals considered incomplete by The County may be rejected without notification.

Several sections and numbered items require additional explanation and should include specific concise responses that fully address the question/information requested in that section. Include only those exhibits and/or visual aids that are clearly relevant to the specific section and numbered item.

All information contained in the proposal must be relevant to a section or numbered item of this RFP. Any information which does not meet this criterion shall be deemed extraneous and shall not be evaluated.

A cover letter shall be printed on Proposer letterhead and signed by a company officer with the authority to bind and contract with The County.

An executive summary shall be a concise summation of the Contractor’s experience and qualifications and the proposed Commissary solution presented in the Contractor's proposal. The County requirements that are addressed only in the executive summary and not included in the Contractor's proposal will be considered non-compliant.

Failure to follow the instructions in this RFP may, at the County’s sole discretion, result in the rejection of the Contractor’s proposal.

All costs and expenses relating to the preparation and submission of the

Contractor’s proposal shall be the responsibility of the Contractor.

3.5.3 Proposals must be specific unto themselves. For example, 'See Enclosed

Manual' will not be considered an acceptable proposal.

3.5.4 Proposals must include a minimum of four references for similar projects.

3.5.5 Describe the proposed program. Proposals must detail all costs to

“advertisers” and any one-time or on-going costs to the County. Proposals must include a detailed commission structure. Please refer to the General Criteria in

Section 1.2 (page 1) and describe how your Proposal meets the goals outlined in this section.

3.6 ALTERATION OF PROPOSAL TEXT

The original text of this proposal document, as well as any attachments, amendments, or other official correspondence related to this proposal document, may not be manually, electronically, or otherwise altered by the proposer or proposer’s agent(s). Any response containing altered, deleted, additional, or otherwise non-original text will be disqualified.

3.7 SUBMISSION OF RESPONSE

Any documents uploaded in response submitted in OpenGov Procurement shall be in a searchable format and shall follow the order of this RFP, and/or Vendor

Submission questions. Non-searchable documents may be considered non-compliant. The Contractor is responsible for ensuring the electronic version and the chosen media are free from any viruses, malware, or malicious code.

Electronic versions so compromised will be considered non-compliant and will result in a response to be considered non-responsive.

Proposer may modify its OpenGov Procurement proposal before the submission deadline on the website. The County will not accept any modifications to the submitted proposal or any other documents after the Proposal Due Date except in connection with a requested Best and Final Offer.

The Proposer may indicate “No Bid” in OpenGov Procurement if it does not wish to submit a response.

Proposer is responsible for all errors or omissions contained in its proposal.

3.8 CONFIDENTIAL INFORMATION/PUBLIC RECORD

The County will treat all information submitted in a proposal as available for public inspection once negotiations with the selected party have been completed.

If copies of proposals are included with Board materials, the County will make proposals available for public inspection once staff has made a recommendation for award.

If a Proposer believes protected data is included in its proposal, the Proposer shall clearly identify the data and provide the legal basis in support of the asserted classification. Proposer must present such information separately as part of its proposal OR type in bold red letters the term “CONFIDENTIAL” on that specific part or page of the Proposal which Proposer believes to be confidential.

Classification of data as trade secret data will be determined pursuant to applicable law, and, accordingly, merely labeling data as “trade secret” does not necessarily make the data protected as such under any applicable law.

In order for the County to assert the confidentiality of any such information in the event a Public Record Act request is received, the Proposer must request, execute and submit a County-prepared written agreement to defend and indemnify the

County for any liability, costs and expenses incurred in asserting such confidentiality as part of the proposal. A copy may be provided upon request.

The final determination of whether the County will assert a Proposer’s claim of confidentiality shall be at the sole discretion of the County. Any information determined to be non-confidential shall be considered public record. If the County determines that your information does not meet the criteria for confidentiality, you will be notified of the County’s intent to release the public record pursuant to any Public Records Act request.

The Proposer agrees, as a condition of submitting its proposal, that the County will not, as between the parties, be liable or accountable for any loss or damage, which may result from a breach of confidentiality related to the proposal. The

Proposer agrees to indemnify and hold the County, its officials, agents, and employees harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the California Public

Records Act, including legal fees and disbursements paid or incurred to enforce this provision.\

3.9 BASIS OF AWARD

This proposal award will be determined by factors other than price alone as further specified below. The County’s sole purpose in the evaluation process is to determine from among the Responses received, which one is best suited to meet the County’s needs. Any final analysis or weighted point score does not imply that one proposal is superior to another, but simply that in our judgment the proposal(s) we select offer(s) the best overall solution for our current and anticipated needs. The County reserves the right to make modifications to any scoring and/or weight structure prior to the evaluation of responses. The responses will remain sealed during the proposal evaluation period and will be made available for public inspection upon notice of the proposal award.

Bid responses will be considered valid for a period of 120 calendar days after the bid closing date above.

A. The County shall conduct a comprehensive evaluation of all proposals.

B. Proposals will be evaluated by the County's evaluation committee in accordance with evaluation criteria, considered items, and processes defined in this RFP.

C. Proposers are responsible for submitting all relevant, factual, and correct information with their proposal.

D. The top three scoring Proposers may be asked to conduct a technology presentation of their proposed systems at a date and time to be determined by the County, if applicable.

E. The County may request a Best and Final Offer (BAFO) from selected

Proposer(s). A BAFO allows the Proposer an opportunity to clarify or supplement its original proposal. Selected Proposers will be contacted in writing by the County requesting the submission of Proposer’s BAFO.

The BAFO will be in the form of an addendum to this RFP and Proposer's submitted proposal. The BAFO is part of the weighted evaluation criteria outlined herein.

F. The Proposer with the highest commission offer is not guaranteed the award of an Agreement.

G. The County reserves the right to adopt or use for its benefit, any concept, plan, or idea contained in Proposer’s proposal.

H. The County reserves the right to review Proposer’s contracts with its subcontractors to ascertain whether Proposer has the necessary operational systems in place to fulfill the requirements of this RFP.

I. The County reserves the right to request clarification from Proposers during the evaluation of proposals. Such clarification is intended to assist the County in awarding an Agreement that is most advantageous to the

County.

J. The County reserves the right, in its sole judgment, to accept the proposal which is determined by the County to be the best proposal resulting from this RFP, with or without negotiation, and BAFO.

K. The County expressly reserves the right to accept or reject any or all proposals, modifications, or alterations or waive any technicalities or provisions, with or without cause.

L. The County reserves the right to award an Agreement to the next most qualified Proposer if the awarded Proposer does not furnish all items and services required in this RFP, its amendment(s) and/or addenda and negotiated Agreement.

M. Proposals that do not meet the requirements set forth in the RFP, its amendment(s) and/or addenda, may be considered non-compliant and may be disqualified. The County may reject Proposer’s proposal for any of, but not be limited to, the following:

1. Evidence of collusion with or among other Proposers submitting a proposal.

2. Inappropriate contact of the County's employees or any employee at the Facilities regarding this RFP during the RFP process by

Proposer may result in the County’s rejection of Proposer’s proposal.

3. Incorrect or contradictory information and/or false statements included in Proposer’s proposal or other materials submitted in its response to this RFP or made during any oral presentations or negotiations.

N. The County shall make the final selection of the awarded Proposer. Each

Proposer that submitted a proposal will be notified of the County’s final decision via OpenGov procurement.

4. PROPOSAL EVALUATION

Proposal evaluation and recommendation for selection

The County reserves the following rights, to be exercised in the County’s sole and absolute discretion:

A. to determine whether any aspect of a proposal satisfactorily meets the criteria established in this RFP;

B. to seek clarification or additional information from any Proposer;

C. to negotiate, sequentially or simultaneously, pricing and/or terms with any

Proposer or vendor;

D. to reject any or all proposals with or without cause;

E. to waive any irregularities or informalities in a proposal;

F. to cancel or amend by addenda this RFP, in part or entirely;

G. to award multiple contracts to Proposers;

H. and/or award a contract to a vendor that did not submit a proposal.

Evaluation of proposals by a selection committee, evaluation panel, County staff, a technical advisory committee, or by another group, individual, or entity is advisory only.

The County of Sacramento Board of Supervisors or its designee may consider or reject such evaluation(s) for any or all proposals. Such evaluations are for the sole benefit of the

County of Sacramento Board of Supervisors or its designee, and as such, they are not binding upon the County, nor may they be relied upon in any way by a Proposer.

Evaluation of responsiveness

The County will consider all the material submitted by the Proposer to determine whether the Proposer’s offer is in compliance with the terms and conditions set forth in this RFP.

Proposals that do not comply with the provisions in this RFP may be considered nonresponsive and may be rejected.

Evaluation of responsibility

To determine whether a Proposer is responsible, the County will consider the Proposer’s general qualifications to perform the requested services in a satisfactory manner;

financial responsibility; integrity; skill; past performance; and ability. Proposals from

Proposers considered non-responsible will be rejected.

Interviews

After review of each responsive proposal, the County may award a contract to a successful Proposer based on the evaluation criteria, or it may establish a short list of

Proposers for further consideration. The shortlist of Proposers may be asked to provide additional information, or an interview/demonstration as determined by the County in its sole discretion.

Execution of contract

Before a contract becomes effective between the County and any Proposer, the contract award must be approved by the County Board of Supervisors or its designee. If for any reason the County Board of Supervisors or its designee does not ratify and sign the contract, then there are no binding obligations whatsoever between the County and the

Proposer relative to the proposed contract.

5. FINAL ACCEPTANCE

Equipment/Supplies/Services

The County of Sacramento will agree to final acceptance only after the supplied equipment, product or service is tested and is found to perform within acceptable standards of operation, is in compliance with all published and implied performance standards and is considered by the County to be ready for practical application.

6. INSURANCE REQUIREMENTS FOR CONTRACTORS

Without limiting Contractor’s indemnification, Contractor shall maintain in force at all times during the term of this Agreement and any extensions or modifications thereto, insurance as specified in this section. It is the responsibility of Contractor to notify its insurance advisor or insurance carrier(s) regarding coverage, limits, forms and other insurance requirements specified in this section. It is understood and agreed that the

County shall not pay any sum to Contractor under the contract unless and until Contractor is satisfied that all insurance required by the contract is in force at the time services hereunder are rendered. Failure to maintain insurance as required in this agreement may be grounds for material breach of contract.

A. VERIFICATION OF COVERAGE. CONTRACTOR shall furnish the

COUNTY with certificates evidencing coverage required below. Copies of required endorsements must be attached to provided certificates. The County

Risk Manager may approve self-insurance programs in lieu of required policies of insurance if, in the opinion of the Risk Manager, the interests of the COUNTY and the general public are adequately protected. All certificates, evidences of self-insurance, and additional insured endorsements are to be received and approved by the County before performance commences. The COUNTY reserves the right to require that CONTRACTOR provide complete copies of any policy of insurance offered in compliance with these specifications.

B. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:

1. GENERAL LIABILITY: Insurance Services Office’s Commercial

General Liability occurrence coverage form CG 0001. Including, but not limited to Premises/Operations, Products/Completed Operations, Contractual, and Personal & Advertising Injury, without additional exclusions or limitations, unless approved by the County Risk Manager.

2. AUTOMOBILE LIABILITY: Insurance Services Office’s Commercial

Automobile Liability coverage form CA 0001.

a. Commercial Automobile Liability: auto coverage symbol “1” (any auto) for corporate/business owned vehicles. If there are no owned or leased vehicles, symbols 8 and 9 for non-owned and hired autos shall apply.

b. Personal Lines automobile insurance shall apply if vehicles are individually owned.

3. WORKERS’ COMPENSATION: Statutory requirements of the State of

California and Employer's Liability Insurance.

4. PROFESSIONAL LIABILITY or Errors and Omissions Liability insurance appropriate to the CONTRACTOR's profession.

5. UMBRELLA or Excess Liability policies are acceptable where the need for higher liability limits is noted in the Minimum Limits of Insurance and shall provide liability coverages that at least follow form over the underlying insurance requirements where necessary for Commercial

General Liability, Commercial Automobile Liability, Employers’

Liability, and any other liability coverage (other than Professional

Liability) designated under the Minimum Scope of Insurance.

6. MEDIA LIABILITY insurance, including cover for intellectual property infringement, privacy infringement, plagiarism, advertising and content off enses and defamation, unauthorized disclosure of data, coverage for losses for direct or consequential and, punitive damages.

C. MINIMUM LIMITS OF INSURANCE. CONTRACTOR shall maintain limits no less than:

1. General Liability shall be on an Occurrence basis (as opposed to Claims

Made basis). Minimum limits and structure shall be:

a. General Aggregate: $2,000,000

b. Products Comp/Op Aggregate: $2,000,000

c. Personal & Adv. Injury: $1,000,000

d. Each Occurrence: $2,000,000

2. AUTOMOBILE LIABILITY:

a. Commercial Automobile Liability for Corporate/business owned vehicles including non-owned and hired, $2,000,000 Combined

Single Limit.

b. Personal Lines Automobile Liability for Individually owned vehicles, $250,000 per person, $500,000 each accident, $100,000 property damage.

3. WORKERS' COMPENSATION: Statutory.

4. EMPLOYER'S LIABILITY: $1,000,000 per accident for bodily injury or disease.

5. MEDIA LIABILITY: $1,000,000 per occurrence.

6.

D. DEDUCTIBLES AND SELF-INSURED RETENTION. Any deductibles or self-insured retention that apply to any insurance required by this Agreement must be declared and approved by the COUNTY.

E. CLAIMS MADE LIABILITY INSURANCE. If liability coverage is written on a Claims Made form:

1. The "Retro Date" must be shown, and must be on or before the date of the

Agreement or the beginning of Agreement performance by

CONTRACTOR.

2. Insurance must be maintained and evidence of insurance must be provided for at least one (1) year after completion of the Agreement.

3. If coverage is cancelled or non-renewed, and not replaced with another claims made policy form with a "Retro Date" prior to the contract effective date, the CONTRACTOR must purchase "extended reporting" coverage for a minimum of one (1) year after completion of the

Agreement.

F. OTHER INSURANCE PROVISIONS. The insurance policies required in this

Agreement are to contain, or be endorsed to contain, as applicable, the following provision:

1. All Policies:

a. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-VII.

The County Risk Manager may waive or alter this requirement, or accept self-insurance in lieu of any required policy of insurance if, in the opinion of the Risk Manager, the interests of the COUNTY and the general public are adequately protected.

b. MAINTENANCE OF INSURANCE COVERAGE: The

Contractor shall maintain all insurance coverages and limits in place at all times and provide the County with evidence of each policy's renewal within ten (10) days after its anniversary date.

Contractor is required by this Agreement to immediately notify

County if they receive a communication from their insurance carrier or agent that any required insurance is to be canceled, non-renewed, reduced in scope or limits or otherwise materially changed. Contractor shall provide evidence that such cancelled or non-renewed or otherwise materially changed insurance has been replaced or its cancellation notice withdrawn without any interruption in coverage, scope or limits. Failure to maintain required insurance in force shall be considered a material breach of the Agreement.

G. COMMERCIAL GENERAL LIABILITY AND/OR COMMERCIAL

AUTOMOBILE LIABILITY

1. ADDITIONAL INSURED STATUS: The COUNTY, its governing

Board, officers, directors, officials, employees, and authorized volunteers and agents, (collectively the “Additional Insured Parties,”) are to be endorsed as additional insureds as respects: liability arising out of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR; premises owned, occupied or used by the CONTRACTOR; or automobiles owned, leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no endorsed limitations on the scope of protection afforded to the Additional Insured

Parties.

2. PRIMARY INSURANCE: For any claims related to this Agreement, the

CONTRACTOR's insurance coverage shall be endorsed to be primary insurance as respects the Additional Insured Parties. Any insurance or self-insurance maintained by the Additional Insured Parties shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST: The CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

4. SUBCONTRACTORS: CONTRACTOR shall be responsible for the acts and omissions of all its subcontractors and additional insured endorsements as provided by CONTRACTOR’s subcontractor.

H. WORKERS’ COMPENSATION. Workers’ Compensation Waiver of

Subrogation: The workers' compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against the COUNTY, its governing board, officers, directors, officials, employees, and authorized agents and volunteers, which might arise by reason of payment under such policy in connection with performance under this

Agreement by the CONTRACTOR. Should CONTRACTOR be self-insured for workers' compensation, CONTRACTOR hereby agrees to waive its right of subrogation against COUNTY, its governing Board, officers, directors, officials, employees, and authorized agents and volunteers.

I. NOTIFICATION OF CLAIM. If any claim for damages is filed with

CONTRACTOR or if any lawsuit is instituted against CONTRACTOR, that arise out of or are in any way connected with CONTRACTOR’s performance under this Agreement and that in any way, directly or indirectly, contingently or otherwise, affect or might reasonably affect COUNTY, CONTRACTOR shall give prompt and timely notice thereof to COUNTY. Notice shall be prompt and timely if given within thirty (30) days following the date of receipt of a claim or ten (10) days following the date of service of process of a lawsuit.

EXHIBIT A

TO REQUEST FOR PROPOSAL FOR

BAIL BOND AGENT ADVERTISING BOARDS

I. SERVICE LOCATION(S)

Sacramento County Main Jail

651 I Street

Sacramento, CA 95814

Rio Cosumnes Correctional Center

12500 Bruceville Road

Elk Grove, CA 95757

II. SCOPE OF WORK

Contractor's Service Boards and Scope of Work

A. No later than April 30, 2024, and September 30, 2024, and any optional renewal years, Contractor shall deliver, not less than Fifty (50), nor more than 100 bail bond service boards in either of two styles, with encasements not to exceed the dimension of 32" x 40" in size, and window cling style clear film signboards in a dimension to be determined.

Encasement-style signboards shall come complete with frames, lexan plastic covers, tamper-resistant hardware, and printed ad board; static cling, clear plastic, and printed sheet signs shall come ready for installation, at the Sacramento County Sheriff's Office Main Jail, and the Rio Cosumnes Correctional Facility, 12500 Bruceville Road, Elk Grove, CA 95857.

B. Contractor's service boards shall exclusively provide law-related information and referral services for individuals on the premises being processed through the criminal justice system and incarcerated persons residing on the premises. The law-related information and referral services shall include the names and telephone numbers of bail agents.

C. Contractor agrees to sell and maintain ads on the service boards during the term of this Agreement. The spaces for ads will first be made available to licensed bail agents in Sacramento County, and if space permits, second to licensed bail agents outside of Sacramento County.\

D. All service boards shall contain the following caveat: "Neither “Contractor Name” nor the Sacramento County Sheriff's Office warrant the qualifications or competence of any of the persons or services listed on this service board."

E. Contractor shall be solely responsible for the assembly, construction, printing, and delivery to the County of all service boards. If signboard encasements are used to display service boards, they must be constructed and made of safety material (non-breakable frames, lexan plastic covers, and security screws) to prevent the incarcerated persons from removing, damaging, or defacing the boards (all materials used must be approved by the Sheriff's Facilities Maintenance prior to installation). Any damaged service board or encasement will be removed by the County and must be replaced by the Contractor within thirty days (30) of written or e-mail notice to the Contractor. The County agrees to install all original service boards, and in addition, will install replacement inserts provided by the Contractor, twice annually.

F. Contractor is responsible for:

1. Securing and executing an agreement with each Bail Bond Agent, who desires to advertise on the service boards using the following criteria:

a. All Agency Trade Names appearing on service boards must be on file with the Department of Insurance and approved for use by the licensed agency owner.

b. Each bail bond agency owner wishing to place an ad on service boards must hold a valid bail bond license with the California State Department of Insurance (Insurance Code Section 1800.75). The County reserves the right to block or remove any non-licensed or non-qualified agency information card from service boards.

c. All employees licensed to conduct bail must also be approved to solicit bail bonds under the owner's approved Trade Name.

d. All display ad-style information cards must comply with Department of Insurance regulations and may include agent pictures, agency name, telephone numbers, address, services available, and any other information the agency owner feels is pertinent to the business. Nothing on the display cards can be obscene, immoral, or illegal.

2. Placing the names of all licensed bail bond agents wishing to do business in the County of Sacramento and wishing to advertise their services in the Sacramento County Sheriff's Office, in a fair and equitable manner, on reasonably sized, professionally crafted, poster-like boards, not to exceed 32" x 40" in size (unless pre-approved by the Sacramento County Sheriff's Custody Commander).

3. The Contractor shall be responsible for randomly placing all advertisements on the service boards, and to rotate all advertisements on these service boards every six months through the use of their web-based "Internet Drawing Program." This program allows all advertisers to participate in specially scheduled random rotation drawings held on the Internet. Details for participation will be provided to qualified advertisers at the time they secure an advertising contract with the Contractor.

4. Charging persons purchasing advertising space on the service boards a minimum of $1,500 for the first six months for Main Jail advertisers, and $900 for Rio

Cosumnes Correctional Center advertisers, with an optional per-month increase of twenty-five dollars ($25) each year for the remainder of the contract term with the prior approval of the Sheriff.

5. As compensation for allowing Contractor to install service boards on premises, the Correctional Incarcerated Persons Welfare Fund within the Sacramento County Jails shall receive seventy percent (70%) of all gross advertising revenue received by Contractor every year, paid to Sacramento County Sheriff in two six

(6) month increments. Contractor shall make a complete and accurate accounting of the gross revenue produced by the service boards and shall deliver the accounting with commission payment no later than ten (10) days after new sign boards are installed.

G. Security Clearance

All Contractors' employees, agents, and representatives, wishing to enter any County

Correctional Facility must first receive a security clearance prior to entrance. The

CONTRACTOR should allow at least four (4) weeks prior to the intended entrance for completion of the security clearance process.