Y24-113-KS.pdf

ORANGE COUNTY FLORIDA

PROCUREMENT DIVISION

Issue Date: October 18, 2023

NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County is accepting sealed proposals for:

REQUEST FOR PROPOSALS #Y24-113-KS, INMATE COMMISSARY AND BANKING

SERVICES

TERM CONTRACT

Copies of the Request for Proposals (RFP) documents may be obtained from Orange County by download at: https://secure.procurenow.com/portal/orangecountyfl

PROPOSAL SUBMISSION DUE DATE:

Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Thursday, November 16, 2023, via the electronic procurement portal referenced above.

To maintain a secured sealed process electronic submissions are required to be made through the OpenGov Procurement portal only at: https://secure.procurenow.com/portal/orangecountyfl.

Firms shall not be permitted to hand-deliver, mail, telephone, fax or email offers. Responses received after the submission deadline and/or transmitted outside of the designated OpenGov Procurement portal shall be rejected.

NON-MANDATORY PRE-PROPOSAL WEBINAR CONFERENCE

All interested parties are invited to attend a Pre-Proposal Webinar Conference on Monday, October 30, 2023, commencing at 11:00 am. The meeting will include breaks, as needed, and adjourn on or before 4:00pm.

https://ocfl.webex.com/ocfl/j.php?MTID=m107cf411b2b97fb2c669b3f9547a5657 Meeting number: 2632 109 9095 Password: TMdx4x6ctG2

Join by phone: 1-408-792-6300 Call-in toll number (US/Canada)

Access code: 2632 109 9095

At that time, the County’s representative will be available to answer questions relative to this Request for Proposals. Any suggested modifications may be presented in writing to, or discussed with, the County’s representative(s) at this meeting and may be considered by said representative(s) as possible amendments to the Request for Proposals. The agenda will include attendance from key personnel in the County representing the Procurement Division, User Departments and the Information Systems and Services Division.

ATTENDANCE IS NOT MANDATORY BUT IS ENCOURAGED.

https://secure.procurenow.com/portal/orangecountyfl https://ocfl.webex.com/ocfl/j.php?MTID=m107cf411b2b97fb2c669b3f9547a5657

NOTICE TO PROPOSERS:

To ensure that your bid is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point-of-contact for this solicitation is Kathy Saldutti, Contracting Agent at Kathy.Saldutti@ocfl.net.

QUESTIONS:

All questions or concerns regarding this Request for Proposals shall be submitted by email to Kathy.Saldutti@ocfl.net, no later than 5:00 PM Friday, November 3, 2023 to the attention of Kathy Saldutti, Procurement Division, referencing the RFP number.

mailto:Kathy.Saldutti@ocfl.net i

TABLE OF CONTENTS

DESCRIPTION PAGE

SECTION 1: GENERAL TERMS AND CONDITIONS 1-12

- INSTRUCTION TO PROPOSERS 1

- QUESTIONS REGARDING THIS RFP 1

- CONTRACT TERM 2

- INSURANCE REQUIREMENTS 2-4

- WITHDRAWL OF PROPOSAL 5

- REFERENCE CHECKS 9

- CONFIDENTIAL INFORMATION 11

- MISTAKES 11

SECTION 2: SCOPE OF SERVICES 1-29

SECTION 3: PROPOSAL SUBMISSION REQUIREMENTS 1-30

AND DOCUMENTATION

- STATEMENT OF NO PROPOSAL 1

- SEALED RESPONSE SUBMITTAL LABEL 1

- PREREQUISITE REQUIREMENTS 3-4

- PHASE 1 PROPOSAL FORMAT 4-19

- PHASE 2 PROPOSAL FORMAT 19-22

- PHASE 3 PROPOSAL FORMAT 22-30

SECTION 4: SELECTION CRITERIA 1-2

SECTION 5: ATTACHMENTS

- FEE SCHEDULE

- PROPOSAL COVER PAGE

- ACKNOWLEDGEMENT OF ADDENDA

- AUTHORIZED SIGNATORIES/NEGOTIATORS

- DRUG-FREE WORKPLACE FORM

- CONFLICT/NON-CONFLICT OF INTEREST FORM

- E-VERIFICATION CERTIFICATION

- RELATIONSHIP DISCLOSURE FORM

- RELATIONSHIP DISCLOSURE FORM - FREQUENTLY ASKED QUESTIONS (FAQ)

- ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT

- EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ)

ii

- LOCATION FORM

- AGENT AUTHORIZATION FORM

- LEASED EMPLOYEE AFFIDAVIT

- INFORMATION FOR DETERMING JOINT VENTURE ELIGIBILITY

- EQUAL OPPORTUNITY WORKFORCE SCHEDULE

- SCHEDULE OF SUB-CONTRACTING - M/WBE PARTICIPATION FORM

- SCHEDULE OF SUB-CONTRACTING - SDV PARTICIPATION FORM

- DISLOCATED WORKER PROPOSED HIRING INFORMATION

- LETTER OF INTENT (VERIFICATION OF M/WBE UTILIZATION)

- LETTER OF INTENT (VERIFICATION OF SDV UTILIZATION)

- DRAFT CONTRACT

- EXHIBIT 1 - ORANGE COUNTY STORE ITEM LIST

- EXHIBIT 2 - ORANGE COUNTY CORRECTIONS CURRENT WEEKLY STORE

DELIVERY SCHEDULE

- IT AND ENTERPRISE SECURITY STANDARDS, POLICIES, AND GUIDELINES

O EXHIBIT 3 - EXTERNAL DATA HOSTING STANDARD

O EXHIBIT 4 – INTERNAL APPLICATION STANDARD

O EXHIBIT 5 – INFORMATION TECHNOLOGY STANDARD

O EXHIBIT 6 – CONVERSION DATA ELEMENTS

O EXHIBIT 7 – ORANGE COUNTY FAIR MARKET VALUE

OCTOBER 2022 FINAL

SECTION 1

GENERAL TERMS AND CONDITIONS

Section 1, General Terms and Conditions | Page 1

GENERAL TERMS AND CONDITIONS

1. INSTRUCTIONS TO PROPOSERS

Proposals shall be submitted via the electronic submission portal at:

https://secure.procurenow.com/portal/orangecountyfl. Responses will be opened per the public meeting notice.

Offers by mail, hand-delivery, e-mail, telephone, or fax shall not be accepted.

Proposals submitted outside of the designated electronic submission portal shall be rejected as non-responsive regardless of where received.

The County shall not be responsible for delays caused by any occurrence. The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any offer. The submission deadline shall be scrupulously observed. It is the sole responsibility of the proposer to ensure that their proposal reaches the Procurement Division. The decision to refuse to consider a proposal that was received beyond the date/time established in the solicitation shall not be the basis for a protest pursuant to the Orange County Code (Procurement Ordinance).

All proposals will be opened publicly in accordance with the public notice, and the names of all timely proposers shall be read aloud.

Public Openings are held each Wednesday at 9:30am and Friday at 9:30am. A public opening of responses will be conducted at the next posted Procurement Public Meeting following the submission deadline. In the event of a County Holiday or unforeseen delay, responses shall remain sealed until the next public meeting.

Firms will be able to attend the public opening virtually, see the following instructions:

Visit: https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b Meeting number: 286 177 361 Password: Go2Meeting Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361 Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361 Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361 The physical meeting location is 400 E. South Street, 2nd Floor, Orlando, Florida 32801

2. QUESTIONS REGARDING THIS RFP

All questions or concerns regarding this Request for Proposals must be submitted in writing, by email as indicated on the cover page of this RFP, referencing the RFP number.

When required the Procurement Division will issue an addendum to the Request for Proposals. The addendum will be available on the Internet for access by potential proposers. Proposers are instructed not to contact the initiating division directly.

Proposers shall not direct any queries or statements concerning their proposal to the Orange County Procurement Committee or County staff during the selection process, from the time of submission of a proposal until the execution of a contract.

Any proposer who initiates any discussions with staff in any manner other than that described below is subject to disqualification from this procurement.

https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Section 1, General Terms and Conditions | Page 2

However, you may contact the Contracting Agent at any time during this process, including during the Black Out Period.

No oral interpretation of this Request for Proposals shall be considered binding. The County shall be bound by information and statements only when such statements are written and executed under the authority of the Procurement Division Manager.

This provision exists solely for the convenience and administrative efficiency of Orange County. No proposer or other third party gains any rights by virtue of this provision or the application thereof, nor shall any proposer or third party have any standing to sue or cause of action arising there from.

3. CONTRACT TERM

The contract resulting from this solicitation shall extend for a term of five (5) years. The County may, by mutual agreement renew the contract for the periods specified on the fee schedule form for two (2) additional one (1) year terms.

4. DRAFT CONTRACT

The contract that the County intends to use for award is enclosed for reference. Any exceptions to this standard contract must be clearly indicated by return of the standard contract with the proposal, with exceptions clearly noted. The County has the right to require the selected respondent to sign the attached contract or to negotiate revisions to the contract language prior to execution of the contract, at its sole discretion.

Note: If the proposers solution includes the need for additional hosting agreements, service level agreements, license agreements, third-party application agreements or other documentation this shall be attached to the draft contract at the time of submitting the proposal.

Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the parties.

Upon selection of a solution, the scope of services included herein shall be updated based on the solution selected and shall reflect the applicable deliverable schedule and milestones required to accomplish implementation. The final negotiated scope of services shall be exhibited in the Contract.

5. INSURANCE

Vendor/Contractor agrees to maintain on a primary basis and at its sole expense, at all times throughout the duration of this contract the following types of insurance coverage with limits and on forms (including endorsements) as described herein. These requirements, as well as the County’s review or acceptance of insurance maintained by Vendor/Contractor is not intended to and shall not in any manner limit or qualify the liabilities assumed by Vendor/Contractor under this contract. Vendor/Contractor is required to maintain any coverage required by federal and state workers’ compensation or financial responsibility laws including but not limited to Chapter 324 and 440, Florida Statutes, as may be amended from time to time.

Section 1, General Terms and Conditions | Page 3

The Vendor/Contractor shall require and ensure that each of its sub-Vendors/sub- Contractors providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified herein.

Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best’s Financial Strength Rating of A- Class VIII or better.

(Note: State licenses can be checked via www.floir.com/companysearch/ and A.M. Best Ratings are available at www.ambest.com)

Required Coverage:

Commercial General Liability - The Vendor/Contractor shall maintain coverage issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with a limit of liability of not less than $500,000 per occurrence.

Vendor/Contractor further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insureds. The General Aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit.

Required Endorsements:

Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents.

Note: CG 20 10 must be accompanied by CG 20 37 to include products/completed operations

Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent.

Note: If blanket endorsements are being submitted please include the entire endorsement and the applicable policy number.

Business Automobile Liability - The Vendor/Contractor shall maintain coverage for all owned; non-owned and hired vehicles issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with limits of not less than $500,000 (five hundred thousand dollars) per accident. In the event the Vendor/Contractor does not own automobiles the Vendor/Contractor shall maintain coverage for hired and non-owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

Workers' Compensation - The Vendor/Contractor shall maintain coverage for its employees with statutory workers' compensation limits, and no less than $100,000 each incident of bodily injury or disease for Employers' Liability. Elective exemptions as defined in Florida Statute 440 will be considered on a case-by-case basis. Any Vendor/Contractor using an employee leasing company shall complete the Leased Employee Affidavit.

Required Endorsements:

Waiver of Subrogation- WC 00 03 13 or its equivalent http://www.floir.com/companysearch/ http://www.ambest.com/

Section 1, General Terms and Conditions | Page 4

Additional Required Coverage:

Fidelity/Commercial Crime Liability- with a limit of not less than $1,000,000 per occurrence/claim

Network Security Liability- with a limit of not less than $1,000,000 per occurrence/claim

When a self-insured retention or deductible exceeds $100,000 the COUNTY reserves the right to request a copy of Vendor/Contractor most recent annual report or audited financial statement. For policies written on a “Claims-Made” basis the Vendor/Contractor agrees to maintain a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non-renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract the Vendor/Contractor agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Vendor/Contractor of the obligation to provide replacement coverage.

By entering into this contract Vendor/Contractor agrees to provide a waiver of subrogation or a waiver of transfer of rights of recovery, in favor of the County for the workers’ compensation and general liability policies as required herein. When required by the insurer or should a policy condition not permit the Vendor/Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Vendor/Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Subrogation or a Waiver of Transfer of Rights of Recovery Against Others endorsement.

Prior to execution and commencement of any operations/services provided under this contract the Vendor/Contractor shall provide the COUNTY with current certificates of insurance evidencing all required coverage. In addition to the certificate(s) of insurance the Vendor/Contractor shall also provide endorsements for each policy as specified above.

All specific policy endorsements shall be in the name of the Orange County Board of County Commissioners.

For continuing service contracts renewal certificates shall be submitted immediately upon request by either the COUNTY or the COUNTY’s contracted certificate compliance management firm. The certificates shall clearly indicate that the Vendor/Contractor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. Vendor/Contractor shall notify the COUNTY not less than thirty (30) business days (ten business days for non-payment of premium) of any material change in or cancellation/non-renewal of insurance coverage. The Vendor/Contractor shall provide evidence of replacement coverage to maintain compliance with the aforementioned insurance requirements to the COUNTY or its certificate management representative five

(5) business days prior to the effective date of the replacement policy (ies).

The certificate holder shall read:

Orange County, FL

Risk Management Division 109 E. Church Street, Suite 200 Orlando, Florida 32801

6. POST AWARD MEETING

Section 1, General Terms and Conditions | Page 5

Within forty-five (45) days after receipt of notification of award, Contractor shall meet with the County’s representative(s) to discuss job procedures and scheduling. This meeting may be in person or via teleconference.

7. ACCEPTANCE/REJECTION/CANCELLATION

The County reserves the right to accept or reject any or all proposals, with or without cause, to waive technicalities, or to accept the proposal which, in its sole judgment best serves the interest of the County, or to award a contract to the next most qualified proposer if a successful proposer does not execute a contract within thirty (30) days after approval of the selection by the Board of County Commissioners or other competent authority.

The County also reserves the right to reject the proposal of any proposer who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the County’s opinion, is not in a position to perform properly under this award. The County reserves the right to inspect all facilities of proposers in order to make a determination as to the foregoing.

Orange County reserves the right, and the Manager of Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

8. DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS/

REQUIREMENTS/ STATEMENTS OF WORK

Firms and/or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or solicitation documents contained herein are excluded from competing for this solicitation.

This shall not be applicable to firms and/or individuals providing responses to a publicly posted Request for Information (RFI) associated with a solicitation.

9. CLARIFICATION

The County reserves the right to request clarification of information submitted and to request additional information of one or more proposers.

10. WITHDRAWAL OF PROPOSAL

Any proposal may be withdrawn until the date and time set above for the submission of the proposals. Any proposals not so withdrawn shall constitute an irrevocable offer, for a period of one hundred and eighty (180) days, to provide to the County the services set forth in this Request for Proposals, or until one of the proposals has been awarded.

11. SEALED PROPOSALS

Proposals shall be submitted via the electronic submission portal at:

https://secure.procurenow.com/portal/orangecountyfl, prior to the submission deadline. Proposals will be opened and proposer names shall be disclosed per the public meeting notice.

Section 1, General Terms and Conditions | Page 6

12. PROPOSAL PREPARATION

Costs of preparation of a response to this request for proposals are solely those of the Proposer. The County assumes no responsibility for any such costs incurred by the Proposer. The Proposer also agrees that the County bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

13. ACCOUNTING SYSTEM

The Contractor shall establish and maintain a reasonable accounting system, which enables ready identification of Contractor’s cost of goods and use of funds. The accounting system shall also include adequate records and documents to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five

(5) years after completion of this contract. The County or designee shall have access to books, records, subcontract(s), financial operations, and documents of the Contractor or its subcontractors, as required to comply with this section, for the purpose of inspection or audit anytime during normal business hours at the Contractor’s place of business. This right to audit shall include the contractor’s subcontractors used to procure goods or services under the contract with the County. Contractor shall ensure the County has these same rights with subcontractor(s) and suppliers.

14. SHORTLISTS, PROTESTS AND LOBBYING

The recommended award will be posted for review by interested parties at the Procurement Division and at: http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp prior to submission through the appropriate approval process and will remain posted for a period of five (5) full business days.

Orange County Lobbyist Regulations General Information http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the Contractor. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon contract award.

The Board of County Commissioners may void any contract where the County Mayor, one or more County Commissioners, or a County staff person has been lobbied in violation of the black-out period restrictions of Ordinance No. 2002-15.

Orange County Protest Procedures http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

Failure to file a protest with the Procurement Manager by 5:00 PM on the fifth full business day, after posting, shall constitute a waiver of bid protest proceedings.

Information regarding Procurement Committee scheduling and Board approvals is available by calling the Procurement Reception Desk at (407) 836-5635.

15. PUBLIC ENTITY CRIME

http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

Section 1, General Terms and Conditions | Page 7

Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section.

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_infor mation/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_ve ndor_list

A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on The Convicted Vendor List.

16. AVAILABILITY OF FUNDS

The obligations of the County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Orange County Board of County Commissioners, or other specified funding source for this procurement.

17. TOBACCO FREE CAMPUS

All Orange County operations under the Board of County Commissioners shall be tobacco free. This policy shall apply to parking lots, parks, break areas and worksites. It is also applicable to contractors and their personnel during contract performance on county-owned property. Tobacco is defined as tobacco products including, but not limited to, cigars, cigarettes, e-cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this policy may result in civil penalties levied under Chapter 386, Florida Statutes and/or contract enforcement remedies.

18. SINGLE-USE PRODUCTS

The Board of County Commissioners has established a single-use products and plastic bags policy intended to reduce the use of products which have become globally recognized as having lasting negative impacts on the environment.

Neither single-use products nor plastic bags may be sold or disbursed on County property by staff or contracted vendors, except as set forth in Orange County Administrative Regulation 9.01.03. Failure to comply with the Regulation may result in termination of the contract or other contractual remedies, and may affect future contracting with the County.

The use of reusable, recyclable, biodegradable, or compostable materials is encouraged.

19. VERIFICATION OF EMPLOYMENT STATUS

Prior to the employment of any person under this contract, the Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the contract term, and an http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

Section 1, General Terms and Conditions | Page 8 express requirement that Contractors include in such subcontracts the requirement that subcontractors performing work or providing services pursuant to the state contract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. For more information on this process, please refer to United States Citizenship and Immigration Service site at:

http://www.uscis.gov/portal/site/uscis.

Only those employees determined eligible to work within the United States shall be employed under the contract.

Therefore, by submission of a proposal in response to this solicitation, the Contractor affirms that all employees in the above categories will undergo e-verification before placement on this contract. The Contractor shall commit to comply with this requirement by completing the E- Verification certification, attached to this solicitation.

20. SCHEDULE OF SUBCONTRACTING

Proposers shall list all proposed sub-contractors to be used, regardless of racial or gender grouping. Include names, addresses, phone numbers, type of work subcontracted (discipline, trade or commodity), proposed percentage of work, and the M/WBE or Majority designation (M/WBE or Non-M/WBE).

21. EQUAL OPPORTUNITY

It is hereby declared that equal opportunity and nondiscrimination shall be the County’s policy intended to assure equal opportunities to every person, regardless of race, religion, sex, sexual orientation and gender expression/identity, color, age, disability or national origin, in securing or holding employment in a field of work or labor for which the person is qualified, as provided by Section 17-314 of the Orange County Code and the County Administrative Regulations.

Further, the Contractor shall abide by the following provisions:

A. The Contractor shall represent that the Contractor has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract.

B. The Contractor shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the non-discrimination provision of the contract.

The provisions of the prime contract shall be incorporate by the Contractor into the contracts of any applicable subcontractors.

22. CONFLICT OF INTEREST

The award is subject to provisions of applicable State Statutes and County Ordinances. All proposers must disclose with their offer the name of any officer, director, or agent who is also an employee of Orange County. Further, all proposers must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Proposer’s firm or any of its branches. Should the Contractor permanently or http://www.uscis.gov/portal/site/uscis

Section 1, General Terms and Conditions | Page 9 temporarily hire any County employee who is, or has been, directly involved with the Contractor prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County.

23. DEBRIEFING OF PROPOSERS

Not later than thirty (30) days after Board approval of a selection or shortlist, a proposer may submit a written request to the applicable contracting agent for a debriefing on the evaluation of their proposal. The contracting agent will schedule a meeting with the Proposer for the debriefing. However, at the Proposer’s request, the debriefing may be conducted via telephone conference. The debriefing shall include the following minimum information:

A. Key requirements of the solicitation.

B. The overall ranking of all proposals.

C. The significant weaknesses or deficiencies in the proposal in response to the requirements of the solicitation.

D. If requested, an explanation of the score received for each evaluation criteria will be provided, including costs, if applicable.

E. If applicable, a summary of the rationale for award.

F. Responses to any relevant questions of the Proposer.

Untimely debriefing requests will also be considered.

24. REFERENCE CHECKS

The contact person listed as a reference shall be someone who has personal knowledge of the Proposer’s performance during the referenced contract. Contact persons shall have been informed that they are being used as a reference and that the County may be contacting them. More than one person can be listed but all shall have knowledge of the project. DO NOT list principals or officers who will not be able to answer specific questions regarding the project.

Failure of references listed to respond to the County’s inquiries may negatively impact the evaluation of the Proposal. The reference shall be the owner or a representative of the owner.

25. CONFIDENTIAL INFORMATION

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State or Federal Law, all bidders/proposers should be aware that formal solicitations and the responses thereto are in the public domain.

Requests for confidential treatment will not supersede the County’s legal obligation to provide records to the public consistent with public records law. Bidders/proposers must cite specific, applicable legal grounds to support a request for confidential treatment, of any portion of a bid/proposal. Requests by bidders/proposers to keep entire bids/proposals

Section 1, General Terms and Conditions | Page 10 confidential are generally not supported by public records laws. At a minimum, the County will disclose the successful bidder’s/proposer’s name, the substance of the bid/proposal, and the price.

If the bidder/proposer requests confidential treatment, bidder/proposer must submit an additional copy of the bid/proposal with the proposed confidential information redacted.

This copy must include a general description of the information redacted, and shall only be redacted in the least expansive manner necessary to effectuate the requested exemption(s).

In a separate attachment, bidder/proposer shall supply a listing of the provisions identified by section number for which it seeks confidential treatment and identify the statutory basis under Florida law, including a detailed justification for exempting the information from public disclosure.

Bidder/proposer shall hold harmless and indemnify the County for all claims, actions, suits, judgments, fines, costs or damages the County may incur as a result of bidder’s/proposer’s request for confidential treatment of its bid/proposal. Bidder/proposer agrees and understands that the County may make copies of, and distribute, the bid/proposal without any requested redactions, to facilitate evaluation. Bidder/proposer warrants that such copying will not violate the rights of any third party.

26. PUBLIC RECORDS COMPLIANCE

Orange County is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law. Specifically, the Contractor shall:

1. Keep and maintain public records required by Orange County to perform the service.

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

3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to Orange County.

4. Upon completion of the contract, Contractor agrees to transfer at no cost to Orange County all public records in possession of the Contractor or keep and maintain public records required by Orange County to perform the service. If the Contractor transfers all public record to Orange County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Orange County, upon request from Orange County’s custodian of public records, in a format that is compatible with the information technology systems of Orange County.

Section 1, General Terms and Conditions | Page 11

5. A Contractor who fails to provide the public records to Orange County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes.

6. 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:

PROCUREMENT PUBLIC RECORDS LIAISON

400 E. SOUTH STREET, 2ND FLOOR, ORLANDO, FL 32801

PROCUREMENTRECORDS@OCFL.NET, 407-836-5635

27. FEDERAL AND STATE TAX

The County is exempt from Federal and State Sales and Use Taxes for tangible personal property (Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida Sales/Use Tax Exemption Certificate). The Manager, Procurement Division will sign an exemption certificate submitted by the Contractor.

Contractors doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Contractor be authorized to use the County’s Tax Exemption Number in securing such materials.

28. PROPRIETARY/RESTRICTIVE SPECIFICATIONS

If a proposer considers the specification contained herein to be proprietary or restrictive in nature, thus potentially resulting in reduced competition, they are urged to contact the Procurement Division prior to bid opening. Specifications which are unrelated to performance will be considered for deletion via addendum to this Request for Proposals.

29. MISTAKES

In the event of extension error(s), the unit prices will prevail and the proposer’s total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Proposer’s total will be corrected accordingly. Any discrepancy between words and numbers will be resolved in favor of the written words. Proposers must check their submissions where applicable. Failure to do so will be at the Proposer’s risk.

Proposals having erasures or corrections must be initialed in ink by the Proposer.

30. CONTRACTUAL AGREEMENT

This solicitation shall be included and incorporated in the final contract or purchase order.

The order of contract precedence will be the contract (purchase order), solicitation, and proposal. Any and all legal actions associated with this Request for Proposals and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida.

Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida.

mailto:ProcurementRecords@ocfl.net

Section 1, General Terms and Conditions | Page 12

31. PAYMENT TERMS/DISCOUNTS

The County’s payment terms are in accordance with Florida Statute 218, Local

Government Prompt Payment Act. Cash discounts for prompt payment will be considered in determining the lowest net cost for fee proposal evaluation purposes. Notwithstanding the above, discount payment terms shall not be less than net 30 calendar days from receipt of correct invoice.

32. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

By submission of this offer, the Proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this procurement:

A. The prices in this offer have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor.

B. Unless otherwise required by law, the prices which have been offered in this proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly to any other Proposer or to any competitor; and, C. No attempt has been made or shall be made by the Proposer to induce any other person or Proposer to submit or not to submit an offer for the purpose of restricting competition.

SECTION 2

SCOPE OF SERVICES

Section 2, Scope of Services | Page 1

SCOPE OF SERVICES

The Scope of Services to be provided shall include, but not limited to, the following:

SECTION 1. General Duties, Obligations and Standards

Beginning on the Service Commencement Date, the Contractor shall operate and provide all Commissary Services in accordance with the contract and the operating standards (see Exhibits 3, 4, and 5). If the computer system is a web-based, Contractor-hosted application, it shall comply with all County Standards for hosted systems. Further, if the banking system, or components therein, are installed at Orange County and solely supported by the Contractor, the provision and costs related to infrastructure, hardware, software and maintenance to operate the system shall be borne solely by the Contractor. All systems installed on the Orange County network shall adhere to all County Computing Standards (see Exhibits 3, 4, and 5) for network, security, hardware, etc. If the County is provided with the licensure to own and operate system, it shall comply with all County standards in order to be installed, maintained and managed by the County.

The Contractor shall have, after date of award, a maximum forty-five (45) day transition period prior to Service Commencement Date. During this transition period the Contractor shall, at a minimum, submit their proposed inventory list and applicable paperwork for Orange County Corrections Department (OCCD) approval, obtain (and install) the needed computer equipment (based on the specifications outlined in Exhibits 3, 4, and 5 (Orange County Computing Standards), process and submit all security requirements, mutually agree on pickup/delivery schedule/routes. A maximum of ninety (90) days to create and test the interface with the Inmate Management System (IMS), create and test the real-time account statement/balance inquiry, run and test the monthly invoice and general ledger reports, test and train staff on banking system, and distribute/pickup inmates order forms or integrate order processes with OCCD’s existing inmate housing kiosks. A maximum of 120 days to implement commissary sales capabilities to off-site customers via internet and/or telephone ordering. This service will only be authorized for sales of inmates with zero debt balance on their account at the time of ordering. In addition, implement online and off-site customer kiosk deposit capabilities.

The Contractor shall attend meetings with County employees and meet at least once every three (3) months (on-site or virtual) with the Contract Monitor to review the Contractor’s performance in the preceding quarter and to discuss other issues regarding the service being received and/or needed.

SECTION 2. Definitions

The following terms used in this Contract, together with amendments and attachments, shall, unless the context indicates otherwise, have the meanings set forth below:

ACA Accreditation - Accreditation by the American Correctional Association under the Standards for Adult Local Detention Facilities published by the ACA (Fourth Edition, 2002) as hereafter supplemented or amended.

ACA Standards – The Performance-Based Standards for Adult Local Detention Facilities published by the American Correctional Association (Fourth Edition, 2002) in cooperation

Section 2, Scope of Services | Page 2 with the Commission on Accreditation for Corrections as hereafter supplemented or amended.

Contract Monitor - The employee(s) of the Orange County Corrections Department designated to monitor operation of the Contractor for compliance with contract provisions and to coordinate actions and communications between the Department and the Contractor.

Contractor - The Proposer awarded the Contract to manage the Commissary.

Commissary Services - Those functions set forth in the RFP/Contract and the Proposer’s proposal.

Commissionable Items - Items sold to inmates at a profit. These items warrant the paying of commission to the County at the rate agreed upon in the contract. Note: Sales tax is not included as commissionable in these items.

County - Orange County, Florida.

Court Orders - Any existing or future orders or judgments issued by a court of competent jurisdiction or any existing or future settlements, stipulations, agreements to plans entered into in connection with litigation which are applicable to the operation and management of inmate Commissary Services

Department or OCCD - The Orange County Corrections Department.

Direct Supervision - The overall philosophy of operation in which the detention officer is stationed in the pod with the inmates for the duration of his/her shift and the basic principles of direct supervision as identified by the National Institute of Corrections, which are mandatory for the performance of the Contract.

Fair Market Value - The average price of an inmate commissary item (per ounce or quantity), for the purpose of this RFP, determined by the gathering of three prices for the like item found at local community retailers. See Section 2, Definitions, paragraph D, for County’s expectation.

FMJS Standards - Florida Model Jail Standards.

Indigent Inmates - An inmate who maintains an account balance of $2.00 or less for seven

(7) or more consecutive days.

Inmate - Adult male and female arrestees held in the Corrections facility awaiting trial, serving a jail sentence, awaiting transportation to another jurisdiction or being held for any lawful purpose.

NCCHC Standards – National Commission on Correctional Health Care Standards.

Non - (Profit) Commissionable Items - Items sold to inmates at a cost that does not include a profit (i.e., postage items, stamps, stamped envelopes, indigent items, etc.) Indigent items are billed on the County’s monthly invoice as a separate amount.

Section 2, Scope of Services | Page 3

Non-Taxable Items - Items sold to inmates that are non-taxable as stated by statute (i.e., baked goods, medications, stamps, etc.) These items are billed on the County’s invoice at the amount charged to the inmate as a separate item and where appropriate, may be commissionable items.

Operating Standards - All applicable federal, state and local laws, rules, codes, regulations, Court Orders and ACA, FMJS and NCCHC Standards, as any of the same may be supplemented or amended and those rules, regulations, policies, procedures and ordinances reasonably made applicable to a Contractor by the County. If any of the Operating Standards are in conflict with each other or with this RFP, the more stringent shall apply, as reasonably determined by the County.

Pre-packaged Order - An $15 - $20 pre-packaged food item bag containing various items derived from the approved food menu of which no greater than 25% of the items are considered taxable by state law. The total singular value of the items shall exceed the package cost of $15 - $20, and the package shall be sold as a non-taxable item. The pre-packaged order is treated as a commissionable item that the Contractor offers for sale to housing areas on a day opposite the facility’s normal weekly store order day (i.e., if a facility receives delivery of normal store orders on Tuesday, the Contractor will solicit sales of the pre-packaged order on Thursday or Friday).

Service Commencement Date - The first day of delivery of Commissary Orders.

SECTION 3. Inmate Services

A. The Contractor shall be responsible for:

1) Commissary order forms (electronic and paper): Providing an adequate amount of commissary order forms for the inmate population. The commissary order forms shall contain the necessary information for OCCD to identify the inmate and his/her location in the Corrections facility, as well as the items ordered, including, at a minimum:

a) Last name, first name, middle initial

b) Jail Number

c) Housing location

d) Item name and cost

e) Separation of male and female (allowable) items

f) List of indigent items and recoverable costs

g) Signature line for inmate

h) Date of Order

i) Statement of tax rate

2) Receiving (including retrieving of) electronic and paper commissary order forms from all housing locations, where applicable.

3) Processing commissary orders into the Inmate Banking Services System.

4) Packing individual inmates’ commissary orders.

Section 2, Scope of Services | Page 4

5) Delivering individual inmates’ commissary orders to the inmate. Exhibit 2 outlines the housing facilities, current full-service delivery schedules and an expectation that the Contractor shall solicit/sell a Pre-packaged Order on a day opposite of each facilities normal store order delivery day. The attachment also identifies the current delivery schedule for Pre-packaged Orders. Final delivery schedules shall be mutually agreed upon.

6) Accounting of all transactions.

7) All inventory procurement.

8) Storage and maintenance of all inventories.

9) Ensuring that the banking system balances at all times and shall assist with reconciliation of accounts.

B. The Contractor shall provide a twenty-four (24) hour response time to calls for services involving store discrepancies, which in the sole opinion of the OCCD, may result in inmate management issues for the OCCD. The Contractor shall handle all other inmate grievances and complaints over Commissary Services in an expeditious manner, in accordance with the Operating Standards.

C. The Contractor shall package each inmate order individually and provide delivery to the inmate at his/her cell location and obtain a signed receipt from the inmate for the merchandise delivered.

D. The Contractor shall make available a Pre-packaged Order for solicitation in housing areas on a day opposite the weekly delivery day for that housing area (see Exhibit 2 for current delivery schedule). When soliciting the sale of this item, the Contractor shall verify the account balance of inmates desiring to purchase this item. When the inmate’s balance contains enough funds for the transaction, the Contractor shall issue the item, get the inmate’s signature on a hand receipt and process the transaction/sale against the inmate’s account as soon as possible. The Contractor shall be fully responsible for the cost of the item until the transaction/sales entry is input against the inmate’s account. If the inmate has been released or the account balance differs from the amount the Contractor verified during the solicitation/sale of the item, the Contractor shall hold OCCD and the inmate harmless for the cost of the item sold to the inmate. This item is a Commissionable Item. Upon receipt of an inmate order for an item that is temporarily out of stock or not approved for purchase, that portion of the inmate’s order shall be cancelled and not charged to the inmate’s account. Out of stock items may be reordered at a later date, but no “back orders” shall be permitted.

E. The Contractor shall provide a complete Commissary Inmate Banking Services

System that includes, but is not necessarily limited to, the following:

1) A detailed invoice of each inmate’s individual order

2) A system to identify and collect sales taxes from inmate orders

Section 2, Scope of Services | Page 5

3) A billing system for inmates’ individual accounts that also provides for credits to inmates’ accounts for items ordered and billed, but which were determined not to have been received by the inmate

4) A clear audit trail of all individual inmate banking transactions to include deposits, withdrawals, store ordering, etc.

5) An inmate receipt that includes a received by acknowledgement line (for the inmate’s signature) and details the items received and charges to his/her account.

6) An active, real-time interface from the existing OCCD IMS to establish the

Inmate Bank accounts (within the Inmate Banking System) by extracting (from…