REQUEST FOR PROPOSAL – THIS IS NOT AN ORDER

COUNTY OF SACRAMENTO

SHERIFF & PROBATION DEPARTMENTSCORRECTIONAL AND COURT SERVICES

711 G Street, Room 401Sacramento, CA 95814

http://www.saccountybids.net/Current_Bids.htm

REQUEST FOR PROPOSAL NUMBER: #7542 ISSUE DATE: April 1, 2010

DESCRIPTION OF REQUESTED GOODS OR SERVICES: INMATE TELEPHONE SERVICES

Return signed original response, along with 5 copies in a sealed box, clearly marked on outside with proposal number, to: Lt. Gary Ilg at the address specified in Section 3 of this RFP.

PROPOSALS MUST BE SIGNED, RECEIVED AND TIME-STAMPED PRIOR TO THE DATE AND TIME INDICATED BELOW.

RESPONSES WILL NOT BE ACCEPTED AFTER 3:00 P.M. ON Friday, May 28, 2010.

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

For additional information, contact:Lieutenant Gary Ilg , gilg@sacsheriff.com (916) 874-7166

Do Not Contact Other Department Personnel.

COUNTY DELIVERY ADDRESS FOR GOODS OR SERVICES RESULTING FROM THIS REQUEST:There Are Multiple Locations For This Service. See RFP Details.

FAILURE TO SIGN THIS PAGE WILL DISQUALIFY YOUR RESPONSE

The undersigned offers and agrees to furnish the articles and/or services listed in this document at the prices and terms stated, subject to the General Terms & Conditions of this Request:

Firm Name: _____________________________________________ F.O.B. Point: Destination

Street Address: __________________________________________ Delivery Date: No Later Than _________ Calendar Days ARO

City, State, Zip Code: _____________________________________

Telephone: _____________________________________________ Invoice Payment Terms: ______________________________

Fax: ___________________________________________________ State of California Certified Small/Micro Business? Y N

E-Mail: ________________________________________________ If yes, enter certification number: _______________________

Proposer Contact: _________________________________________

AUTHORIZED SIGNATURE & DATE: ________________________________________________

ALL SPECIFICATIONS, TERMS AND CONDITIONS OF THIS REQUEST WILL APPLY TO ANY RESULTING ORDER.

1. INTRODUCTION..........................................................................................................1

1.1. Statement of Purpose.........................................................................................................11.2. Scope of Service..................................................................................................................11.3. Contract Duration..............................................................................................................11.4. Letter of Intent to Propose.................................................................................................21.5. Proposal Deadline...............................................................................................................21.6. Non-discrimination.............................................................................................................21.7. Assistance to Vendors with a Disability...........................................................................2

2. SCHEDULE OF EVENTS............................................................................................3

2.1. Schedule of Events..............................................................................................................32.2. Adjustments to the Schedule of Events............................................................................3

3. GENERAL INFORMATION.......................................................................................3

3.1. RFP Coordinator................................................................................................................33.2. RFP Number.......................................................................................................................33.3. Communications Regarding the RFP...............................................................................43.4. Required Review and Waiver of Objections by Vendors...............................................43.5. Proposal Submittal.............................................................................................................43.6. Proposal Preparation Costs...............................................................................................63.7. Proposal Withdrawal.........................................................................................................63.8. Proposal Amendment.........................................................................................................63.9. Proposal Errors..................................................................................................................63.10. Incorrect Proposal Information........................................................................................63.11. Prohibition of Vendor Terms and Conditions.................................................................63.12. Assignment and Subcontracting.......................................................................................63.13. Right to Refuse Personnel..................................................................................................73.14. Background and Security Investigations.........................................................................73.15. Proposal of Alternate Services..........................................................................................73.16. Proposal of Additional Services........................................................................................73.17. Independent Price Determination.....................................................................................73.18. Insurance.............................................................................................................................83.19. Licensure.............................................................................................................................83.20. Conflict of Interest and Proposal Restrictions.................................................................83.21. RFP Amendment and Cancellation..................................................................................93.22. Right of Rejection...............................................................................................................93.23. Disclosure of Proposal Contents.......................................................................................93.24. Proprietary Information..................................................................................................103.25. Severability........................................................................................................................103.26. Bond Requirements..........................................................................................................103.27. Mergers/Acquisitions.......................................................................................................113.28. Discrepancy.......................................................................................................................113.29. Public Agency Participation............................................................................................11

4. MANDATORY SYSTEM REQUIREMENTS..........................................................11

4.1. Installation Requirements...............................................................................................114.2. Service and Support Requirements................................................................................144.3. Call Rating and Commission Accountability.................................................................174.4. Technical Requirements and Specifications..................................................................214.5. System Security, Control and Investigative Features...................................................284.6. Equipment.........................................................................................................................334.7. Options..............................................................................................................................394.8. References and Experience..............................................................................................394.9. Training.............................................................................................................................394.10. Mandatory Site Visits and Pre-Proposal Conference...................................................40

5. PROPOSAL INSTRUCTIONS, FORMAT AND CONTENT.................................40

5.1. General Format................................................................................................................405.2. Alteration of Proposal Text.............................................................................................405.3. Preparation of Response..................................................................................................415.4. Required Submittals.........................................................................................................415.5. Order of Submittals..........................................................................................................425.6. General Proposal Requirements.....................................................................................435.7. Technical Proposal...........................................................................................................435.8. Proposer Responsibility...................................................................................................485.9. Taxes..................................................................................................................................485.10. Samples..............................................................................................................................48

6. PROPOSAL EVALUATION......................................................................................48

6.1. Evaluation Procedures.....................................................................................................486.2. Evaluation Factors...........................................................................................................496.3. Competitive Negotiation of Proposals............................................................................506.4. Final Selection...................................................................................................................516.5. Contract Award and Execution......................................................................................51

7. FINAL ACCEPTANCE...............................................................................................52

7.1. Equipment/Supplies/Services..........................................................................................52

8. DEFINITIONS..............................................................................................................53

8.1. Request/Proposal/Bid.......................................................................................................538.2. Response............................................................................................................................538.3. We/Us/Our........................................................................................................................538.4. You/Your...........................................................................................................................538.5. Mandatory.........................................................................................................................538.6. Default...............................................................................................................................548.7. Cancellation/Termination................................................................................................548.8. “Or Equal”........................................................................................................................54

9. GENERAL TERMS AND CONDITIONS.................................................................54

9.1. Bid/Quote/Proposal/General Conditions........................................................................549.2. Sales Tax Not Included....................................................................................................549.3. Cash Discounts..................................................................................................................549.4. Americans with Disabilities Act......................................................................................549.5. Indemnification.................................................................................................................559.6. Termination/Default.........................................................................................................569.7. Right to Audit...................................................................................................................579.8. Applicability to Heirs.......................................................................................................579.9. F.E.T. Exemption..............................................................................................................579.10. Charges Not Included on Face Not Acceptable.............................................................579.11. Title....................................................................................................................................579.12. Changes Without Notice Prohibited...............................................................................589.13. All Understandings In Writing.......................................................................................589.14. Force Majeure...................................................................................................................589.15. Invoicing............................................................................................................................589.16. Special Conditions............................................................................................................589.17. Information Technology Assurances..............................................................................589.18. Child, Family, and Spousal Support (please refer to Appendix B).............................58

APPENDIX “A” – VENDOR ADDITIONAL INFORMATION....................................60

APPENDIX “B” – COMPLIANCE WITH CHILD, FAMILY & SPOUSAL SUPPORT

63

APPENDIX “C” – MINIMUM INSURANCE REQUIREMENTS.................................64

APPENDIX “D” – RATES AND COMMISSIONS..........................................................67

APPENDIX “E” – LETTER OF INTENT TO PROPOSE..............................................69

APPENDIX “F” – SITE EVALUATION FORM.............................................................70

1. INTRODUCTION

1.1. Statement of Purpose

1.1.1. Sacramento County intends to secure a contract for the provision of inmate telephone service and audio recording of visitation sessions at the Sheriff’s Department and Probation Department facilities which are listed in Section 4.6.5. The Vendor shall install, operate and maintain jail inmate telephones and related equipment. The Vendor shall, without cost to the County, provide all inside wiring for the inmate and visitation telephones, install the inmate and visitation telephones, and the related hardware and software/firmware specifically identified herein, to enable inmates at the Facilities to make auto-collect local, long distance, debit local, long distance and international calls and/or pre-paid local, long distance and international calls from the Facilities as well as the completion of visitation sessions.

1.1.2. Sacramento County works with Praeses, LLC (“Praeses”) as its independent and objective management company (“Designated Agent”) relative to the County’s inmate telephone environment. Vendors responding to this RFP shall accept the County’s direction in working with the County’s Designated Agent.

1.1.3. If there are any installation requirements over and beyond those already provided at each site that are necessary for the operation of any inmate telephone, such requirements will be supplied at the expense of the Vendor and clearly outlined in their proposal.

1.2. Scope of Service

1.2.1. The County is seeking to replace and upgrade the inmate telephone systems at the County adult and juvenile correctional facilities as well as visitation handsets and equipment capable of audio recording. The Vendor shall install and operate prison/jail inmate and visitation telephones and related equipment. The Vendor shall, without cost to the County, provide all inside wiring for the inmate and visitation telephones, install the inmate and visitation telephones and maintain the related hardware and software/firmware specifically identified herein, to enable inmates at the Facilities to make auto-collect local, long distance, debit local, long distance and international calls and/or pre-paid local, long distance and international calls from the Facilities as well as the completion of visitation sessions.

1.3. Contract Duration

1.3.1. The County will award a contract for a period of three (3) years. The contract shall remain in force for an initial term of three (3) years and shall not bind, nor purport to bind the County for any contractual commitment in excess of the initial term. However, the County shall have the right to renew the contract for two (2) additional one (1) year terms, with thirty (30) days written notice to Vendor prior to the expiration of the initial term or renewal term of the contract.

1.3.2. An extension of the term of this contract will be accomplished through an amendment to the contract. If the extension of the contract necessitates additional

revenue and funding beyond that which was included in the original contract, the increase in the County’s maximum liability will also be affected through an amendment to the contract and shall be based upon rates provided for in the original contract and proposal and/or negotiated contract extension incentives.

1.4. Letter of Intent to Propose

Vendor shall complete Appendix E “Letter of Intent to Propose” to indicate Vendor's intent to respond to this RFP with a proposal. Appendix E shall be sent to the RFP Coordinator by the date specified in the Schedule of Events (please refer to Section 2). Vendor may withdraw its “Letter of Intent to Propose” at any time before the deadline for submitting a proposal.

1.5. Proposal Deadline

1.5.1. Proposals shall be submitted no later than the Proposal Deadline time and date detailed in the Schedule of Events (please refer to Section 2). Vendors shall respond to the written RFP and any exhibits, attachments, or amendments. A Vendor's failure to submit a proposal as required before the deadline shall cause the proposal to be disqualified.

1.5.2. Vendors assume the risk of the method of dispatch chosen. The County assumes no responsibility for delays caused by any delivery service. Postmarking by the due date shall not substitute for actual proposal receipt by the County. Late proposals shall not be accepted nor shall additional time be granted to any potential Vendor.

1.5.3. Proposals may not be delivered orally, by facsimile transmission, or by other telecommunication or electronic means.

1.6. Non-discrimination

No person shall be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in the County’s contracted programs or activities on the grounds of disability, age, race, color, religion, sex, national origin, or any other classification protected by federal or California State Constitutional or statutory law; nor shall they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with the County or in the employment practices of the County’s contractors. Accordingly, all Vendors entering into contracts with the County shall, upon request, be required to show proof of such nondiscrimination and to post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

1.7. Assistance to Vendors with a Disability

Vendors with a disability may receive accommodation regarding the means of communicating this RFP and participating in this procurement process. Vendors with a disability should contact the RFP Coordinator listed in Section 3 to request reasonable accommodation no later than the deadline for accommodation requests detailed in the Schedule of Events outlined in Section 2.

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2. SCHEDULE OF EVENTS

2.1. Schedule of Events

The following Schedule of Events represents the County's best estimate of the schedule that shall be followed. Unless otherwise specified, the time of day for the following events shall be between 8:00 a.m. and 5:00 p.m., local Pacific Time:

Release of the RFP 04/01/2010Deadline for Letter of Intent to Propose 04/08/2010Deadline for Accommodation Requests 04/08/2010Deadline for Site Evaluation Forms 04/12/2010Pre-Proposal Meeting / Site Evaluation – Part 1 04/28/2010Pre-Proposal Meeting / Site Evaluation – Part 2 04/29/2010Deadline for Written Questions from Vendors Regarding the RFP 05/06/2010Dissemination of Written Questions and Answers 05/17/2010Deadline for Proposals 05/28/2010Onsite Interviews/Demonstration 07/14/2010Tentative Notification of Award 08/05/2010Tentative Completion Date for Installation 10/27/2010

2.2. Adjustments to the Schedule of Events

The County reserves the right, at its sole discretion, to adjust this schedule as it deems necessary. Notification of any adjustment to the Schedule of Events shall be provided to all vendors that submitted a Letter of Intent to Propose.

3. GENERAL INFORMATION

3.1. RFP Coordinator

The following RFP Coordinator shall be the main point of contact for this RFP:

Lieutenant Gary IlgCorrectional and Court ServicesSacramento County Sheriff’s Department711 “G” StreetSacramento, California 95814(916) 874-7166gilg@sacsheriff.com

3.2. RFP Number

The County has assigned the following RFP identification number that must be referenced in all communications regarding the RFP: #7542.

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3.3. Communications Regarding the RFP

3.3.1. Upon release of this RFP, all vendor communications concerning this procurement must be directed to the RFP Coordinator. Unauthorized contact regarding the RFP with other County employees may result in disqualification.

3.3.2. All communications should be in writing to the RFP Coordinator. Any oral communications shall be considered unofficial and nonbinding on the County. Written comments, including questions and requests for clarification, must cite the RFP number and section number within the RFP. The RFP Coordinator must receive these written requests by the deadline specified in the RFP Schedule of Events listed in Section 2. Vendors are required to compile all questions into a single comprehensive document for submission to the RFP Coordinator.

3.3.3. Vendor may not contact any County employee or any employee at the Facilities listed in Section 4.6.5 during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from this RFP. All questions must be in a written format and submitted in writing to the RFP coordinator listed in Section 3.1.

3.3.4. The County shall respond in writing to written communications. Such response shall constitute an amendment to the RFP. Only written responses to written communications shall be considered official and binding upon the County. The County reserves the right, at its sole discretion, to determine appropriate and adequate responses to written comments, questions, and requests for clarification.

3.3.5. The County shall provide copies of its written responses to written comments to all Vendors submitting a Letter of Intent to Propose.

3.3.6. Any historical data or factual information provided by the County shall be deemed for informational purposes only. If a proposer relies on said factual historical information it should independently verify the likelihood of these volumes or conditions continuing or obtain the County’s written consent to rely thereon.

3.4. Required Review and Waiver of Objections by Vendors

3.4.1. Vendors should carefully review this RFP and all attachments for comments, questions, defects, objections, or any other matter requiring clarification or correction (collectively called “comments”). Comments concerning RFP objections must be made in writing and received by the County no later than the Deadline for Written Comments detailed in the Schedule of Events. This will allow issuance of any necessary amendments and help prevent the opening of defective proposals upon which contract award could not be made.

3.4.2. Protests based on any objection shall be considered waived and invalid if these faults have not been brought to the attention of the County, in writing, by the Deadline for Written Comments.

3.5. Proposal Submittal

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3.5.1. Vendors shall respond to this RFP with a proposal that addresses the services and information requested. One (1) original and five (5) hard copies of the proposal must be delivered to the RFP Coordinator at the address listed in Section 3.1 and by 3:00 p.m. PST on the date identified as the Deadline for Submitting a Proposal in the RFP Schedule of Events listed in Section 2. The outside of Vendor’s RFP response must be marked “ITS – RFP # 7542 - Do Not Open”. If the proposal, marked as required above, is enclosed in another container for mailing purposes, the outermost container must fully describe the contents of the package and must be clearly marked: “Contains Separately Sealed Proposal”. In addition, an electronic version must be provided on a CD which should be part of the original RFP proposal.

3.5.2. Each Vendor must provide all documentation required. Responses should follow the same numerical sequence and structure as this RFP. A complete response for each section and numbered condition of the RFP must be provided by Vendor. If Vendor is in full compliance with the section or numbered condition, the appropriate response is, “Read, agreed and will comply.” Otherwise, Vendor’s response should state, “Read and do not comply.” Any exceptions to this RFP, where Vendor’s response is “Read and do not comply” must be addressed in an Exceptions Addendum to Vendor’s RFP response.

3.5.3. Some of the conditions or numbered sections will require explanation by the Vendor. Please provide exhibits and/or visual aids that clearly reference specific conditions.

3.5.4. Vendor is required to submit a commission proposal on the current calling rates specified in Appendix D and may also propose alternative calling rates in the additional table provided.

3.5.5. Acceptance period, as used in this provision, means the number of calendar days available to the County for awarding a Contract from the Response Due Date. The County requires a minimum acceptance period of one hundred and twenty (120) calendar days. A response with less than the minimum acceptance period may be rejected. Vendors may specify a longer period than the minimum requirement.

3.5.6. In compliance with this RFP, if this proposal is accepted within the acceptance period, the Vendor agrees to furnish any or all items or services upon which prices are proposed for each item, and under the terms and conditions specified herein. A contract shall be created by the County for execution by the County and Vendor which will incorporate the required terms and conditions as outlined in this RFP and any addendums.

3.5.7. Vendor must submit a current annual report, and/or last two quarterly audited financial reports, along with a statement of financial condition. (Please state if the Vendor has operated under a different name in the past three (3) years. Please indicate if the company is for sale or is considering an acquisition or merger in the next six (6) months.)

3.5.8. Vendor must submit a disclosed synopsis of any litigation associated with the Vendor or the Vendor’s Inmate Telephone System. Please provide venue, style of case and status of litigation.

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3.6. Proposal Preparation Costs

The County shall not pay any costs associated with the preparation, submittal, or presentation of any proposal. All costs and expenses relating to the preparation, production, handling, reproduction, administration of the proposal and its submission are to be borne solely by the Vendor. All records, documents and information collected and/or maintained by others in the course of the preparation of this proposal shall be made accessible to the County for purposes of inspection, reproduction, and audit without restriction. Vendor shall agree that the County and/or its Designated Agent may audit, examine, and copy any and all non-proprietary books, records and information relating to the proposed Vendor’s services at no cost to the County. Also responding Vendors must maintain all records until a successful Vendor has been announced and/or a Contract has been awarded.

3.7. Proposal Withdrawal

To withdraw a proposal, the Vendor must submit a written request, signed by an authorized representative, to the RFP Coordinator. After withdrawing a previously submitted proposal, the Vendor may submit another proposal at any time up to the deadline for submitting proposals.

3.8. Proposal Amendment

The County shall not accept any amendments, revisions, or alterations to proposals after the deadline for proposal submittal unless such is formally requested, in writing, by the County.

3.9. Proposal Errors

Vendors are liable for all errors or omissions contained in their proposals. Vendors shall not be allowed to alter proposal documents after the deadline for submitting a proposal.

3.10. Incorrect Proposal Information

If the County determines that a Vendor has provided, for consideration in the evaluation process or contract negotiations, incorrect information which the Vendor knew or should have known was materially incorrect, that proposal shall be determined non-responsive, and the proposal shall be rejected.

3.11. Prohibition of Vendor Terms and Conditions

A Vendor may not submit the Vendor’s own contract terms and conditions in a response to this RFP. If a proposal contains such terms and conditions, the County, at its sole discretion, may determine the proposal to be a non-responsive counteroffer, and the proposal may be rejected.

3.12. Assignment and Subcontracting

3.12.1. Vendor shall obtain prior written approval from the County before subcontracting any of the services delivered under this Contract. Vendor remains legally responsible for the performance of all contract terms including work performed by third parties under subcontracts. Any subcontracting will be subject to all applicable provisions of this Contract. Vendor shall be held responsible by the County for the performance of any subcontractor whether approved by the County or not.

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3.12.2. This Contract is not assignable by Vendor in whole or in part, without the prior written consent of the County.

3.13. Right to Refuse Personnel

The County reserves the right to refuse, at its sole discretion, any subcontractors or any personnel provided by the prime contractor or its subcontractors.

3.14. Background and Security Investigations

Background and security investigations of the Vendor will be required as a condition of beginning and continuing work under any resulting contract. The Sheriff’s Department and Probation Department will conduct background and security checks before work begins. Vendor will be required to provide valid identifying information for its employees and/or subcontractors.

3.15. Proposal of Alternate Services

Proposals of alternate services (i.e., proposals that offer something different from that requested by the RFP) shall be considered non-responsive and rejected.

3.16. Proposal of Additional Services

If a Vendor indicates an offer of services in addition to those required by and described in this RFP, these additional services may be added to the contract before contract signing at the sole discretion of the County.

3.17. Independent Price Determination

3.17.1. A proposal shall be disqualified and rejected by the County if the price in the proposal was not arrived at independently without collusion, consultation, communication, or contract as to any matter relating to such prices with any other Vendor, a County employee, or any competitor.

3.17.2. The Vendor is prohibited from submitting more than one proposal. Submittal of more than one proposal shall result in the disqualification of the Vendor. This does not apply to the request for a variant commission offer based on alternative calling rates specified in Appendix D.

3.17.3. The Vendor is prohibited from submitting multiple proposals in a different form (i.e., as a prime contractor and as a subcontractor to another prime contractor). Submittal of multiple proposals in a different form may result in the disqualification of all Vendors associated with a multiple proposal.

3.17.4. Should any such prohibited action be detected any time during the term of the contract, such action shall be considered a material breach and grounds for contract termination.

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3.18. Insurance

3.18.1. The apparent successful Vendor may be required to provide proof of adequate worker’s compensation and public liability insurance coverage before entering into a contract. Additionally, the County may, at its sole discretion, require the apparent successful Vendor to provide proof of adequate professional malpractice liability or other forms of insurance. Failure to provide evidence of such insurance coverage is a material breach and grounds for termination of the contract negotiations. Any insurance required by the County shall be in form and substance acceptable to the County. Please refer to Appendix C.

3.18.2. Vendor must submit documentation that the Vendor is certified to do business in the State of California.

3.18.3. Vendor must submit demonstration that all necessary requirements of the Public Utilities Commission and the FCC are met.

3.18.4. The Vendor shall comply with all applicable laws, rules, regulations, and orders of any authorized agency, commission, unit of the federal government, state, county, or municipal government at no cost to the County. The Vendor shall be authorized by the appropriate governing body and/or regulatory agency to be an Inmate Telephone Service Provider.

3.18.5. Vendor shall provide any and all notices as may be required under the Drug-Free Workplace Act of 1998, 28 CFR Part 67, Subpart F, and applicable County subsequent law, to their employees and all subcontractors to insure the County maintains a drug free workplace. The County reserves the right to review drug testing of Vendor’s personnel involved. The County may require, at Vendor’s expense, drug testing of Vendor’s personnel if no drug testing records exist or if such test results are older than six (6) months.

3.19. Licensure

Before a contract pursuant to this RFP is signed, the Vendor must hold all necessary, applicable business and professional licenses. The County may require any or all Vendors to submit evidence of proper licensure.

3.20. Conflict of Interest and Proposal Restrictions

3.20.1. By submitting a proposal, the Vendor certifies that no amount shall be paid directly or indirectly to an employee or official of the County as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Vendor in connection with the procurement under this RFP.

3.20.2. Notwithstanding this restriction, nothing in this RFP shall be construed to prohibit a County agency or other governmental entity from making a proposal, being considered for award, or being awarded a contract under this RFP.

3.20.3. County agencies shall not contract with an individual who is, or within the past six months has been, an employee of the County. An individual shall be deemed a

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County employee until such time as all salary, termination pay, and compensations representing annual or compensatory leave have been paid by the County. A contract with a company in which a controlling interest is held by a County employee shall be considered to be a contract with said individual and shall be prohibited.

3.20.4. Any individual, company, or other entity involved in assisting the County in the development, formulation, or drafting of this RFP or its scope of services shall be considered to have been given information that would afford an unfair advantage over other Vendors, and said individual, company, or other entity may not submit a proposal in response to this RFP nor assist a Vendor in submitting a proposal.

3.21. RFP Amendment and Cancellation

The County reserves the unilateral right to amend this RFP in writing at any time. The County also reserves the right to cancel or reissue the RFP at its sole discretion. If an amendment is issued it shall be provided to all vendors submitting a Letter of Intent to Propose. Vendors shall respond to the final written RFP and any exhibits, attachments, and amendments.

3.22. Right of Rejection

3.22.1. The County reserves the right, at its sole discretion, to reject any and all proposals or to cancel this RFP in its entirety.

3.22.2. Any proposal received which does not meet the requirements of this RFP may be considered to be non-responsive, and the proposal may be rejected. Vendors must comply with all of the terms of this RFP and all applicable State and County laws and regulations. The County may reject any proposal that does not comply with all of the terms, conditions, and performance requirements of this RFP.

3.22.3. Vendors may not restrict the rights of the County or otherwise qualify their proposals. If a Vendor does so, the County may determine the proposal to be a non-responsive counteroffer, and the proposal may be rejected.

3.22.4. The County reserves the right, at its sole discretion, to waive variances in technical proposals provided such action is in the best interest of the County. Where the County waives minor variances in proposals, such waiver does not modify the RFP requirements or excuse the proposer from full compliance with the RFP. Notwithstanding any minor variance, the County may hold any Vendor to strict compliance with the RFP.

3.23. Disclosure of Proposal Contents

All proposals and other materials submitted in response to this RFP procurement process become the property of the County of Sacramento. Selection or rejection of a proposal does not affect this right. All proposal information, including detailed price and cost information, shall be held in confidence during the evaluation process. The proposals and associated materials shall be open for review by the public to the extent allowed by the California Public Records Act, (Government Code Section 6250-6270 and 6275-6276.48) upon the final award of the contract and signed by all authorized parties. By submitting a proposal,

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the Vendor acknowledges and accepts that the contents of the proposal and associated documents shall become open to public inspection.

3.24. Proprietary Information

The master copy of each proposal shall be retained for official files and will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law (Government code §6276). Each Vendor may clearly label part of a proposal as "CONFIDENTIAL" if the Vendor thereby agrees to indemnify and defend the County for honoring such a designation. The failure to so label any information that is released by the County shall constitute a complete waiver of all claims for damages caused by any release of the information. If a public records request for labeled information is received by the County, the County will notify the Vendor of the request and delay access to the material until seven working days after notification to the Vendor. Within that time delay, it will be the duty of the Vendor to act in protection of its labeled information. Failure to so act shall constitute a complete waiver.

3.25. Severability

If any provision of this RFP is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and, the rights and obligations of the County and Vendors shall be construed and enforced as if the RFP did not contain the particular provision held to be invalid.

3.26. Bond Requirements

3.26.1. Bid BondVendor shall be responsible for providing a Bid Bond or a Certified/Cashier’s Check with original RFP response. The Bid Bond or Certified/Cashier’s Check shall be in the amount Three Thousand Five Hundred Dollars ($3,500.00). Failure to submit the necessary bond requirements with the proposal will cause rejection of the proposal. Bid Bonds or Certified/Cashier’s Checks of the unsuccessful Vendors will be returned upon award of the bid. Fax copies are unacceptable.

3.26.2. Surety BondThe successful Vendor must furnish a Surety Bond (guarantying contract performance) in the form of a bond issued by a Surety Company authorized to do business in the State of California, a Cashier’s Check, or Irrevocable Letter of Credit payable to the County within ten (10) calendar days after award of the contract and prior to any installation work or equipment delivery. The Surety Bond must be made payable to the County in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) and will be retained during the full period of the contract and/or renewal terms. No personal or company checks are acceptable. The contract number (if applicable) and/or dates of performance must be specified on the Surety Bond. In the event that the County exercises its option to extend the contract for an additional period, the Vendor shall be required to maintain the validity and enforcement of the Surety Bond for the said period, pursuant to the provisions of this paragraph, in an amount stipulated at the time of the contract renewal.

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3.27. Mergers/Acquisitions

3.27.1 The Vendor expressly acknowledges that it is an independent contractor. Nothing in this RFP is intended nor shall be construed to create an agency relationship, an employer/employee relationship, a joint venture relationship, or any other relationship allowing the County to exercise control or direction over the manner or method by which the Vendor or its subcontractors perform hereunder.

3.27.2 The services to be performed by the Vendor shall not be assigned, sublet, or transferred without prior written approval of the County.

3.27.3 The successful Vendor shall be required to notify the County of any potential for merger or acquisition of which there is knowledge at the time that a proposal is submitted. Additionally, if subsequent to the award of any contract resulting from this RFP, the Vendor shall merge or be acquired by another firm, the following documents must be submitted to the County:

3.27.3.1 Corporate resolutions prepared by the successful Vendor and new entity ratifying acceptance of the original contract, terms, conditions and process.

3.27.3.2 New Vendor’s Federal Identification Number (FEIN).

3.28. Discrepancy

Should there be a discrepancy in the responses provided by Vendor to this RFP and the resulting contract, the terms and conditions contained in the contract and its amendments will prevail over the RFP and its addendums, and the RFP and its addendums will prevail over the responses to the RFP.

3.29. Public Agency Participation

It is intended that any other public agency including those identified in the solicitation (i.e., city, district, public authority, public agency, municipality and other political sub-division or public corporation of California) located in California shall have the option to participate in any award made as a result of this solicitation. The County of Sacramento shall incur no financial responsibility in connection with orders issued by or delivered to by another public agency. Each public agency using this contract shall accept sole and full responsibility for placing of orders and making payments to the contractor. In addition to the above, the Vendor shall provide the same level of indemnification and insurance protection to each of the participating agencies ordering products and/or services under any award made as a result of this solicitation.

4. MANDATORY SYSTEM REQUIREMENTS

4.1. Installation Requirements

4.1.1. For each installation, the Vendor shall submit an implementation plan which shall include an installation schedule. Any initial installations must be completed within

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seventy-five (75) days of the date the County awards the Facilities to the Vendor. This implementation plan will become a part of the contract and must be followed.

4.1.1.1. If any installation is not completed within the timeframe allowed in the agreed-upon implementation plan, Vendor may incur liquidated damages in the amount of three hundred dollars ($300.00) per day for each day beyond the installation date. In no event will natural disasters or acts of God cause Vendor to incur liquidated damages.

4.1.1.2. Should Vendor incur liquidated damages, the County will invoice Vendor. Payment of the invoice shall be made to the County within thirty (30) days of Vendor’s receipt of the invoice.

4.1.2. Turnkey Installation – The Vendor shall be responsible for all costs associated with the inmate telephone system and visitation sets, including purchase of equipment, installation, service, maintenance, voice network and transmission, data network, and day-to-day operation. This will include all wiring, new electrical circuit installations, cables, parts, software and physical installation at each facility.

4.1.3. The Vendor agrees to obtain the County’s written permission before proceeding with any work that requires cutting into or through girders, beams, concrete or tile floors, partitions or ceilings, or any work that may impair fireproofing or moisture proofing, or potentially cause any structural damage.

4.1.4. The Vendor agrees to assume responsibility for installation of the equipment in accordance with the specifications contained in the manufacturer's installation instructions.

4.1.5. The work under this RFP is to be performed, completed, and managed by the Vendor. The County SHALL NOT provide work-space for the Vendor. All work performed on the County’s premises shall be completed during the County’s standard business hours.

4.1.6. Use of existing or in-place conduit, raceways, cable ways, cable, inside wiring, telephone set mountings, switches, terminal boxes, and terminals within the Facilities are at the risk of the Vendor. No exposed wiring will be permitted. Ownership of any wiring or conduit placed under this contract by the Vendor becomes the County’s property upon termination and/or expiration of the contract.

4.1.7. The Vendor agrees that if any cabling work is required as part of any installation, all new cables shall be used and marked clearly and legibly at both ends, and must meet all applicable Electronic Industries Alliance/Telecommunications Industry Alliance (EIA/TIA) wiring standards for commercial buildings.

4.1.8. The Vendor shall install additional telephones (inmate and visitation) and monitoring and recording equipment as needed at no cost to the County. This includes expansion to the existing Facilities and any newly constructed Facilities. This shall be done throughout the contract term and all subsequent renewal terms.

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4.1.9. The Vendor shall provide and install adequate surge and lightening protection equipment on all lines used for the inmate telephone service. Vendor shall be responsible for maintaining, replacing or upgrading the surge and lightening protection at no cost to the County.

4.1.10. The Vendor shall clean up and remove all debris and packaging materials resulting from work performed.

4.1.11. The Vendor shall restore to original condition any damage to the County’s property caused by maintenance or installation personnel associated with the Vendor, including repairs to walls, ceilings, etc.

4.1.12. The Vendor agrees to install, repair and maintain all Vendor provided equipment and lines, including but not limited to any wiring or cable work required from the demarcation location throughout the Facilities at no cost to the County. All Vendor-provided equipment, installation, maintenance and repair costs as well as all costs or losses due to vandalism shall be the total responsibility of the Vendor.

4.1.13. Upon completion of the initial installation and any ongoing installations, Vendor must provide the County and its Designated Agent with a list of telephone numbers, equipment specifications and locations of each unit.

4.1.14. Vendor must indicate any environmental conditions required for the proposed call processing equipment.

4.1.15. Vendor must indicate the physical size of any call processing equipment to be installed at the Facilities.

4.1.16. The Vendor shall work with the County, its Designated Agent, and the incumbent Vendor to ensure an orderly transition of services and responsibilities under the contract and to ensure the continuity of the services required by the County.

4.1.17. Upon expiration, termination, or cancellation of the contract, the Vendor shall cooperate in an orderly transfer of responsibilities and/or the continuity of the services required under the terms of the contract to an organization designated by the County. The Vendor shall provide and/or perform any or all of the following responsibilities:

4.1.17.1. The Vendor acknowledges that the call records, call and visitation recordings, documentation, reports, data, etc., contained in the inmate telephone service are the property of the County. The Vendor agrees that the workstations shall become the property of the County after expiration, cancellation, or termination of this contract so that the County will have access to all the call records, call and visitation recordings, documentation, reports, data, etc. that are contained in the inmate telephone service. Further, the call detail records, call and visitation recordings, documentation, reports, data, etc. shall be provided to the County by Vendor in a workable, software-compatible format at no cost to the County.

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4.1.17.2. The Vendor shall discontinue providing service or accepting new assignments under the terms of the contract, on the date specified by the County. The Vendor agrees to continue providing all of the services in accordance with the terms and conditions, requirements and specifications of the contract for a period not to exceed ninety (90) calendar days after the expiration, termination or cancellation date. Commissions will be due and payable by Vendor to the County at the compensation rate provided in the contract until collect, debit and/or pre-paid calls are no longer handled by Vendor.

4.1.18. All inmate telephone service inside wiring shall become the property of the County at the conclusion of the contract. The Vendor agrees to remove its equipment at the conclusion of the contract in a manner that will allow the reuse of that wire distribution.

4.1.19. The County requires Vendor to have the capability to provide a turnkey solution including collect, debit and pre-paid collect calling.

4.2. Service and Support Requirements

4.2.1. Vendor RFP proposals/submissions must include a brief history detailing the capabilities and level of service that the Vendor can provide.

4.2.2. The successful Vendor shall be responsible for maintenance support on a twenty-four (24) hour, seven (7) day per week basis. All support personnel must be capable of completing a security screening prior to admittance to the Facilities. Telephone support shall be available to accept calls regarding maintenance twenty-four (24) hours a day, seven (7) days a week.

4.2.3. Vendor RFP proposals/submissions must include the names, addresses and telephone numbers of the personnel who will be maintaining, servicing and performing the work under this contact. Also include the names, addresses and telephone numbers of the personnel who will be providing the spare equipment and replacement parts for the proposed inmate telephone service and telephone sets. A complete list of contractors/subcontractors, managers, administrators, technicians, etc. must be provided to the County. This includes a complete list of business, cellular and pager numbers; the Vendor’s management home and emergency telephone numbers must also be furnished. Vendor shall provide a copy of your current repair procedure policy for both normal maintenance and emergency outages. Vendor shall provide a remedy for revenue lost due to system outages.

4.2.4. Vendor RFP proposals/submissions must include the number of certified technicians directly employed by your company and/or will be subcontracted and their proximity to the Facilities.

4.2.5. Vendor RFP proposals/submissions must include the on-site response time, method and level of service for the Facilities. Detail your ability to handle an emergency and provide an escalation plan.

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4.2.6. The Vendor must exhibit to the County a best effort approach to completion of the repairs or replacement during the first twenty-four (24) hours following notification of a problem. The County shall be notified of progress and or delays in progress until there is resolution of the problem. Vendor shall notify the County and/or its Designated Agent any time a technician will be dispatched to the Facilities. The successful Vendor shall respond to telephone requests for maintenance within two (2) hours from the initial call for service and be on-site within four (4) hours after the initial notification for physical diagnosis and/or repairs.

4.2.7. All costs for maintenance, support, repair of all software and equipment will be borne by the successful Vendor.

4.2.8. Vendor must have personnel to handle end-user requests:

4.2.8.1. Describe procedures for handling end-user complaints.

4.2.8.2. Describe procedures for handling refund requests.

4.2.8.3. Describe procedures for the blocking of requested telephone numbers.

4.2.8.4. State what company and/or call center, if not your own, will provide these services and the location of the call center that will be used to support end-user requests.

4.2.8.5. Describe the process for customer service inquires and hours of live operator availability.

4.2.9. The Vendor shall furnish, install and maintain telephones (inmate and visitation) for use by inmates at the Facilities operated by the County shown in Section 4.6.5. The Vendor shall provide all telephone services to the inmates utilizing the Vendor’s inmate telephone service in accordance with those requirements and provisions set forth in this section.

4.2.10. Vendor shall perform extensive testing on all system changes or upgrades prior to discussing with the County or its Designated Agent. At a minimum, the extensive testing, said changes or upgrades shall include:

4.2.10.1. Extensive testing on a system identical to the existing system at the Facilities.

4.2.10.2. Analog, Data, and Circuit testing.

4.2.10.3. International call testing

4.2.11. The Vendor shall notify the County of any new software upgrades within thirty (30) days of the introduction of the new software into the market by Vendor. Vendor shall upgrade the inmate telephone service, upon mutual agreement from County, with new software versions and new hardware as required by the County at no cost to the County. The Vendor shall adhere to the following Performance Process when

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upgrading the inmate telephone service software and equipment, or performing any changes to the inmate telephone service at the Facilities. Any deviation from this process may result in a fine or penalty to Vendor. Such fine or penalty will be equal to no less than two hundred dollars ($200.00) per occurrence or equal to any fine imposed by the agency supplying the inmates, whichever is greater. The fine or penalty shall be due and payable by Vendor upon receipt of written notification from the County, or its Designated Agent, of the total amount due.

4.2.11.1. Vendor shall provide written detailed information about the change and/or upgrade, specifically identifying additional features and functionalities said changes will make available to the Facilities.

4.2.11.2. Vendor shall receive written notification from the County and/or its Designated Agent, before scheduling or proceeding with any changes to the inmate telephone service at the Facilities.

4.2.11.3. Vendor shall provide the County and/or its Designated Agent with written instructions for the inmates of changes to any prompts or calling procedures. Such instructions shall be provided in English, Spanish, Hmong and Russian and posted throughout the Facilities by Vendor.

4.2.11.4. The County, at its option, shall have a minimum of two (2) weeks to notify inmates at the Facilities of any inmate telephone service changes that are going to specifically affect the inmates.

4.2.11.5. Vendor shall coordinate a convenient time and day with the County and/or its Designated Agent to implement the changes or upgrades to the inmate telephone service to avoid disruption. Vendor shall work with the Facilities to schedule the changes or upgrades during a time when the telephones are not being used regularly by the inmates.

4.2.11.6. Vendor shall coordinate the presence of a technician to the Facilities on the day of implementation to place test calls and ensure the inmate telephone service is functioning correctly.

4.2.11.7. All said changes shall be made by Vendor at no cost to the County.

4.2.12. Vendor shall appoint an Account Executive (“AE”) who will act as a single point of contact for all inmate telephone-related activities, inquiries, service requests and issues. Vendor will provide a toll free telephone number, for inmate telephone service issues. Vendor shall also provide a fax number and email address in its response to this RFP.

4.2.13. The Vendor shall provide the necessary labor, parts, materials, and transportation to maintain all proposed telephones in good working order and in compliance with the equipment manufacturer's specifications throughout the life of the contract. No charge shall be made to the County for maintenance of the inmate telephone service.

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4.2.14. The Vendor shall maintain all cable related to the inmate telephone service, whether reused or newly installed.

4.2.15. Either party shall report to the other party any misuse, destruction, damage, vandalism, liability, etc. to the inmate telephone service. Vendor will assume liability for any and all such damages.

4.2.16. All issues surrounding the inmate telephone service shall be reported by Vendor to the County or its Designated Agent promptly.

4.2.17. Vendor shall ensure that all inmate and visitation telephones are operable no less than 98% of the time on a monthly basis (“in-service ratio”) per Facility. The in-service ratio excludes down-time associated with regularly scheduled maintenance/upgrades, facility lock-downs or power outages beyond Vendor’s control, which require the inmate and visitation telephones to be shut-off. In the event Vendor does not restore service to the inmate and visitation telephones to maintain/meet the in-service ratio, Vendor may incur liquidated damages of five hundred dollars ($500.00) per day until the day the in-service ratio is met. In no event will natural disasters or acts of God cause Vendor to incur liquidated damages. Should Vendor incur liquidated damages, the Sheriff’s Department and/or Probation Department will invoice Vendor. Payment for the invoice will be due the Sheriff’s Department and/or Probation Department within thirty (30) days of Vendor’s receipt of the invoice.

4.3. Call Rating and Commission Accountability

4.3.1. Describe your billing and collection process based on the following criteria:

4.3.1.1. How are calls billed and who is your billing company?

4.3.1.2. Explain the billing process for collecting, rating, sorting, distributing, and billing of calls.

4.3.1.3. What additional fees, if any, are charged on the end user’s telephone bill (ex: monthly billing fee, carrier administrative fee, etc.)? Please be sure to specify the amount of the fee(s).

4.3.1.4. What types of payment options are available to the called party to set up/fund a pre-paid collect account?

4.3.1.5. Please disclose all fees associated with establishing pre-paid collect accounts (ex: transaction fee, refund fee, etc.).

4.3.1.6. Please detail the process for obtaining a refund for any remaining or available balances on a pre-paid collect account.

4.3.1.7. Please specify the timeframe it takes for a pre-paid account to become dormant.

4.3.1.8. Please describe what happens when a pre-paid collect account becomes dormant.

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4.3.1.9. Please indicate whether Vendor offers a direct bill option.

4.3.1.10. What collect threshold will be imposed upon the called party on a daily, weekly and/or monthly basis? The County requires that the monthly collect threshold is set at a minimum of one hundred dollars ($100.00) per telephone number.

4.3.1.11. Describe the time when the billing for an inmate call begins (when the inmate dials the telephone number, when the inmate telephone service dials the desired number, when the called party answers, when the called party accepts the call, etc).

4.3.2. The Vendor shall submit a request in writing to receive approval from the County for any calling rate increases and/or decreases for inmate telephone calls before any new calling rates are implemented. The County will respond in writing to Vendor’s request. Should Vendor decrease the calling rates without the express written approval of the County, the Vendor shall be responsible for paying commissions on the Gross Revenue as determined by applying the calling rates prior to the unapproved change. Should Vendor increase the calling rates without the express written approval of the County, Vendor must issue credits to all customers that are overcharged. A list of the issued credits shall be provided to the County and/or its Designated Agent as documentation. No commission refund shall be due from the County to Vendor for unapproved rate increases.

4.3.2.1. The Vendor shall implement any rate adjustments requested by the County within ten (10) days of said request, subject to regulatory approval.

4.3.2.2. Any change in tariff which is not approved by a designee of the County in writing in advance of the change shall be grounds for termination of the contract.

4.3.2.3. Vendor must support the ability to have multiple rate schedules at the Facilities. For example, state or federal inmates may require the application of unique rate schedules for these inmates only without impacting rates charged to other inmates.

4.3.3. Vendor shall pay commissions calculated on all Gross Revenues generated by and through the inmate telephone service including collect, debit and pre-paid inmate calls placed from the inmate telephone equipment located at the Facilities.

4.3.3.1. Gross revenues are generated by completed calls (see description of a completed call). Any additional fees to be added to the called party’s bill or paid by the called party (including those associated with establishing/funding pre-paid collect accounts) for inmate telephone calls from the Facilities must be approved by the County prior to implementation. Any charges/fees added to the called party’s bill without the express written consent of the County shall carry a fine of five hundred dollars ($500.00) per day from the date the additional

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charges/fees were first added through the date the charges/fees were discontinued. Additionally, Vendor shall refund each called party for the unapproved charges/fees from the date the charges/fees were implemented until the date the charges/fees were discontinued. The County and Vendor shall mutually agree on the method of compensation for any new/additional charges or fees.

4.3.3.2. Gross Revenue includes, but is not limited to, all Local, Intralata/Intrastate, Interlata/Intrastate, Interlata/Interstate, and International revenues and any and all additional charges and fees generated by completion of all collect, debit and pre-paid calls.

4.3.3.3. Vendor shall pay commission on the total Gross Revenues before any deductions are made for unbillable calls, bad debt, uncollectible calls, fraudulent calls, LEC adjustments, or any other Vendor expenses.

4.3.3.4. Pre-paid calls include, but are not limited to, those calls completed by using a pre-paid card as well as all calls which have been pre-paid by any person or entity and by any method of payment.

4.3.3.5. A collect call is deemed to be complete and commission due when the called party accepts the call regardless if the Vendor can bill or collect the revenue on the collect call. A debit call is deemed to be complete and commission due when a connection is made between the inmate and the called party even if such connection is established by automated machine pick-up. A pre-paid call is deemed to be complete and commission due when a connection is made between the inmate and the called party, whether such connection be established by positive acceptance or by live or automated (i.e. answering machine) pick-up.

4.3.3.6. Commission for debit calls shall be based upon total Gross Revenues, as specified above, generated from debit call usage and is payable pursuant to County requirements regarding commissions and reporting. On the tenth (10th) day following the month of traffic, Vendor shall submit a monthly invoice and corresponding usage report to the County and/or it Designated Agent for the full amount of the debit usage (less any issued credits/adjustments) for the prior traffic month.

4.3.3.7. Commission shall be due the County upon the County’s purchase of pre-paid cards from Vendor but shall be payable pursuant to County requirements regarding commissions and reporting. Additionally, the County shall not be liable for any of Vendor’s costs including, but not limited to, taxes, shipping charges, network charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages or any other Vendor costs. Vendor shall indicate whether the proposed calling rates in Appendix D include sales tax.

4.3.3.8. Calls to telephone numbers that appear on the free call list supplied by the County shall not generate revenue for Vendor and shall not be commissionable to the County. Only those numbers designated by the

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County on the free call list shall be marked as “Free” in the inmate telephone service.

4.3.4. Vendor shall, at its own option, include a financial incentive offer in addition to the commission proposal shown in Appendix D.

4.3.5. The Vendor shall, at its option, include an up-front Minimum Annual Guarantee payment (“MAG Payment”) to be specified in Appendix D.

4.3.6. The Vendor shall provide commission payments and traffic detail reports to the County and/or its Designated Agent no later than the fifteenth (15th) day of the month following the month of traffic. The County prefers commission payments be sent via wire transfer. The County requires that traffic detail reports be sent via electronic format.

4.3.6.1. Traffic detail reports shall include a detailed breakdown of the traffic for all collect, debit and pre-paid calls for each inmate telephone or inmate telephone station at the Facilities. Traffic detail shall include, at a minimum, each of the following items for each inmate telephone station broken down by collect, debit and pre-paid call types: (a) Facility Name; (b) Facility Identification Number; (c) Facility Street Address, City, State, and Zip Code; (d) Automatic Number Identifier, or inmate telephone and/or inmate telephone station port number; (e) Total Gross Local Revenue and Commission per inmate telephone or inmate telephone station; (f) Total Gross Intralata/Intrastate Revenue and Commission per inmate telephone or inmate telephone station; (g) Total Gross Interlata/Intrastate Revenue and Commission per inmate telephone or inmate telephone station; (h) Total Gross Interlata/Interstate Revenue and Commission per inmate telephone or inmate telephone station; (i) Total Gross International Revenue per inmate telephone or inmate telephone station; (j) Commission Rate; (k) Total Commission Amount (including, but not limited to, Local, Intralata/Intrastate, Interlata/Intrastate, and Interlata/Interstate); (l) Period Dates; (m) Total Minutes of use per inmate telephone or inmate telephone station for each call type; (n) Total Number of Calls per inmate telephone or inmate telephone station for each call type; (o) Total Debit Usage for each call type; and (p) Total Pre-Paid Usage for each call type; (q) Total Pre-Paid Card Purchases. Please provide a sample of how the Vendor will meet this requirement.

4.3.6.2. Commission discrepancies must be resolved by Vendor within thirty (30) days of receipt of notification of a discrepancy from the County or its Designated Agent or such discrepancy is subject to late charges, as described below and/or termination of the contract at the sole discretion of the County, and/or any other legal course of action the County elects to pursue.

4.3.6.3. Commission payments, traffic detail reports, billing files, CDR reports and/or reports not containing the required fields received by the County or its Designated Agent after the due date are subject to late charges.

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The due date for all payments and reporting is the fifteenth (15th) day of the month following the month of traffic. Late charges for commission payments shall be equal to five percent (5%) per month of the commission due. Late charges for reporting shall be a fee of $750.00 per month for each report not received by the fifteenth (15th) day of the month following the traffic month.

4.3.6.4. Vendor shall provide monthly system platform Call Detail Records (CDRs) and billing files which shall be delivered to the County and/or its Designated Agent no later than the fifteenth (15th) day of the month following the month of traffic.

4.3.6.5. The billing files shall contain all fields in the exact format and exact content as those files prepared and submitted for billing to the called party. The billing files shall be accompanied by a complete file map and complete field legend. The billing files shall contain, but shall not be limited to, the following fields: (a) Site ID; (b) Site Name; (c) Batch ID; (d) Row ID; (e) From ANI; (f) To ANI; (g) Begin Time; (h) End Time; (i) Duration; (j) Call Amount; (k) Type of Call; (l) Originating City; (m) Bill City; (n) Bill State; (o) Traffic Period; and (p) Additional Charges and/or Fees (USF, billing statement fees, etc).

4.3.6.6. The system platform CDRs shall contain all calls (both attempted and completed) which originated from the Facilities for each day and each time of the day for the period for which said raw CDRs are requested. The raw CDRs shall contain the unedited data including all fields and all field content. When requested, these records shall be accompanied by a complete file map and complete file legend. The CDRs shall contain, but shall not be limited to, the following fields: (a) Origination Number; (b) Dialed Number; (c) Facility; (d) Facility Identifier; (e) Call Date; (f) Call Time; (g) Termination Reason; (h) Termination Code; (i) Trunk; (j) Duration in Seconds; (k) Call Amount; (l) Bill Type; (m) Station; (n) Completion Status; (o) Inmate ID; (p) Call Type; (q) Validation Result.

4.4. Technical Requirements and Specifications

The following identifies the minimum requirements of the desired inmate telephone service:

4.4.1. The inmate telephone service shall be capable of providing all operational features and system requirements applicable to all calls placed through the system, including local, long distance, and international calling. The inmate telephone service shall also be capable of providing all operational features and system requirements applicable to visitation audio recording.

4.4.2. The inmate telephone service shall be capable of providing current technology and web based equipment with stand-alone on site host or central processor. There must be multi-level password security access with architecture that can be expandable to allow future growth. Off-site or centralized systems are not acceptable.

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4.4.3. Each call, having been identified as being placed through the Vendor’s inmate telephone service, shall be delivered to the called party as a collect call, debit and/or pre-paid call, if the debit and/or pre-paid application is in effect and chosen as the means to place the call. The called party should be able to hear call process.

4.4.4. Telephone station equipment shall be powered by the telephone line and require no additional power source. A power source will be available at the demarcation location.

4.4.5. Vendor agrees to install the quantity of telephones, enclosures and/or booths required by the County as outlined in Section 4.6.5.

4.4.6. The inmate telephone service shall comply with all Federal Communication and/or Utility Commissions regulations. The inmate telephone sets in all Facilities shall be stainless steel and shall be sturdy, non-coin, vandal resistant and steel armored; the cord length for the inmate and visitation phones is specified in Section 4.6.5. In addition, the telephone sets and shall be composed of durable, tamper-free equipment suitable for a correctional/detention environment with placards containing dialing instructions. The telephones must contain no removable parts. The inmate telephone service shall post calling rates near inmate telephone sets.

4.4.7. The Vendor shall provide a sufficient number of telephone/trunk lines to the inmate telephone service to allow inmates the opportunity to place calls 99.5% of the time.

4.4.8. After the dialing sequence, the inmate shall be put on-hold. The inmate shall not be permitted to monitor the call progress and shall not be allowed to communicate with the called party, until the call is positively accepted.

4.4.9. The Vendor shall provide telephone reception quality at least equal to the toll quality offered to the general public and shall meet telecommunication industry standards for service quality. All inmate telephones installed must have the ability to be “amplified” or include volume controls to be set by the inmates. The Vendor shall accept the County’s decision regarding whether the reception quality meets industry quality standards.

4.4.10. Call acceptance by the called party shall be accomplished for all collect, debit and pre-paid calls through caller confirmation (positive acceptance). Voice recognition is not an acceptable method for positive call acceptance. The inmate telephone service shall be able to recognize and distinguish standard or irregular busy signals, standard or irregular ringing signals, answering machines, cellular telephones, pagers, operator intercepts, quick disconnects, chain dialing, no voice from called party, etc. Vendor shall provide information on how the proposed inmate telephone service will meet this requirement.

4.4.11. The inmate telephone service shall process calls on a selective multi-lingual basis and have capabilities for English, Spanish, Hmong and Russian. The inmate must be able to select the preferred language utilizing a simple code. Vendor shall indicate whether the called party will be able to select the preferred language for call prompts. During the call set up process, the inmate telephone service shall provide a pre-recorded announcement identifying:

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4.4.11.1. That the call is coming from a specific inmate at the Facility.

4.4.11.2. That the call “may be monitored and recorded.”

4.4.12. The inmate telephone service shall monitor the switch hook of the inmate telephones and if the switch hook is depressed at any time, the call will be disconnected or an internal dial tone should be activated to prevent fraud. Vendor must assume all responsibility for fraud.

4.4.13. The inmate telephone service shall provide a recording at the beginning of all collect calls clearly identifying the call as a collect call to the called party. This recording must be free of any toll charges.

4.4.14. Vendor must indicate how much time is allowed for the inmate to record his/her name when placing a call and how many times the system will play the message to the called party prior to termination. The inmate telephone service shall have the capability to configure the time allowed for the inmate to record his/her name.

4.4.15. Written dialing instructions in English, Spanish, Hmong and Russian must be permanently and prominently displayed on or near each inmate telephone.

4.4.16. The Vendor shall subscribe to the LEC Line Information Screening Data Base (LIDB). The Vendor shall query this database for each inmate call and process only those calls which do not have Billed Number Screening (BNS). The Vendor must assume all responsibilities for the cost and the accuracy of validation.

4.4.17. The inmate telephone service shall provide a recording back to the inmate which details why a call was not completed. Please provide a list of the available recordings.

4.4.18. The inmate telephone service shall have the capability to allow a designated number of free, local telephone calls per inmate. The County requires that the inmate telephone service allow free local calls from each of the intake/booking inmate telephones.

4.4.18.1. The inmate telephone service shall be capable of allowing free local calls with speed dials for certain numbers such as the Public Defender, Crime Stoppers, etc.

4.4.19. Vendor’s ITS shall have the capability to be configured to allow the inmate to remain muted while being able to hear the call progress (ex: ringing on the line, voicemail pick-up, etc.)

4.4.20. The inmate telephone service shall have the capability to program a specific speed dial code to selected numbers as determined by the County.

4.4.21. Vendor’s ITS must be able to recognize rotary telephones to ensure completion of all calls.

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4.4.22. Vendor must specify how international calls are processed and whether international collect calls can be completed via the proposed inmate telephone service.

4.4.23. Vendor must specify the process for completing those calls that would normally be blocked because of CLEC, cell phones and unbillable issues. Vendor shall also identify the percentage of calls on an average basis they do not pass validation because of CLEC, cell phones and unbillable issues.

4.4.24. The inmate telephone service shall, upon request by the County, provide specific information for tracking inmate calling activities and calling patterns by individual telephone numbers. The following reports shall be available for monitoring and billing purposes:

4.4.24.1. Monitoring reports that can be provided or sorted by any or all of the following criteria:

4.4.24.1.1. Daily statistical reports;

4.4.24.1.2. Facility name;

4.4.24.1.3. Originating number (mapped to specific location and station at the Facilities);

4.4.24.1.4. Terminating number;

4.4.24.1.5. Date of call;

4.4.24.1.6. Time of day;

4.4.24.1.7. Length of call;

4.4.24.1.8. Type of call;

4.4.24.1.9. PIN number;

4.4.24.1.10. Frequently called numbers (for all numbers called more than 5 times in one day);

4.4.24.1.11. Common numbers called (for all numbers called by more than one inmate);

4.4.24.1.12. Originating station (mapped to specific location at the Facilities);

4.4.24.1.13. Bill type; and

4.4.24.1.14. Calls not passing validation.

4.4.24.2. Billing reports that can be provided or sorted by any or all of the following criteria:

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4.4.24.2.1. Call detail report;

4.4.24.2.2. Amount charged per call;

4.4.24.2.3. Gross revenue;

4.4.24.2.4. Daily statistics;

4.4.24.2.5. Monthly statistics;

4.4.24.2.6. Called party/number accepting report;

4.4.24.2.7. Fraud/velocity report;

4.4.24.2.8. Separate facility totals and statistics;

4.4.24.2.9. All Facility totals and statistics;

4.4.24.2.10. Total calls;

4.4.24.2.11. Calls by date;

4.4.24.2.12. Pre-paid card report;

4.4.24.2.13. Debit usage report;

4.4.24.2.14. Bill and call type distribution;

4.4.24.2.15. Time of day;

4.4.24.2.16. Length of a call; and

4.4.24.2.17. Calls being denied by validation

4.4.25. The inmate telephone service shall also provide the capability to customize reports in a form mutually agreed upon by the County and/or its Designated Agent and Vendor.

4.4.26. The system platform CDRs shall be stored in a minimum of three (3) locations to avoid any possibility of call detail records being lost.

4.4.27. The inmate telephone service shall store all call detail records, including all attempted and completed calls at the Facilities for the life of the contract. The County shall have access to all call detail records from all workstations and remote access computers, based on the user’s access level.

4.4.28. The inmate telephone service shall have the capability to perform remote diagnostics to the inmate telephone service to determine if a problem is with the

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telephone unit or with the telephone line. Remote diagnostic tests shall be, at a maximum, run one time each day on each telephone.

4.4.29. The inmate telephone service shall be capable of allowing multiple operators simultaneous access while maintaining adequate security to prevent unauthorized use and access.

4.4.30. The Vendor shall provide accommodations necessary to comply with Americans with Disabilities Act (ADA) requirements including, but not limited to, providing telephones which are accessible to persons in wheelchairs and providing systems that are compatible with Telephone Devices for the Deaf (TDD).

4.4.30.1. Vendor shall provide the number of TDD telephones as specified in Section 4.6.5.

4.4.30.2. Vendor must indicate how the TDD telephones work with the proposed inmate telephone service.

4.4.31. The inmate telephone service must offer the called party an option to receive a rate quote during the call set-up process. The inmate telephone service must repeat the options to the called party a minimum of two (2) times during the initial call process.

4.4.32. The inmate telephone service shall be capable of accommodating pro bono calls to Consulates for all countries which may be required for ICE detainees. This option, when requested by County, shall be provided at no cost to County.

4.4.33. Vendor shall have the capability to establish an informant line. Calls to the informant line shall be free, provided at no cost to the County and shall be routed via the inmate telephone service to a destination designated by the County.

4.4.34. Vendor shall work with the County on the implementation of a reporting line which complies with the Prison Rape Elimination Act (PREA) of 2003. The PREA line shall be set up at no cost to the County. At a minimum, Vendor shall:

4.4.34.1. Route free calls via the inmate telephone service to a destination provided and designated by the County, which destination may be the same as that used for the Facilities’ informant line.

4.4.34.2. Provide a telephone line at no cost to the County dedicated for the PREA calls to which the calls will be routed as free.

4.4.35. At the County’s discretion, the inmate telephone service shall have the capability of allowing free, recorded calls to the Correctional Health Services advice nurses to facilitate the triage of medical complaints for nurse’s sick call at each facility. Vendor shall designate a speed dial for the Correctional Health Services number and inmates shall have the capability of dialing this number from any inmate telephone located within the facilities. Vendor shall be prepared to accommodate telephone spacing needs as requested by the County to ensure compliance with confidentiality

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concerns regarding access to health services. The County shall provide Vendor with the location of the inmate telephones which shall be relocated for spacing reasons.

4.4.36. The pre-paid and/or debit application shall work with the inmate telephone service provided.

4.4.36.1. Personal Allowed Number (PAN) lists shall only be initially implemented at the Probation Department’s Facilities. PANs may NOT be utilized at the Sheriff’s Department Facilities.

4.4.36.2. The pre-paid and/or debit application shall allow for pre-payment to a specific inmate’s account by an inmate or member of inmate’s PAN/approved depositor list.

4.4.36.3. The inmate telephone service shall provide the inmate with the balance of their debit and/or pre-paid account at the time of the call.

4.4.36.4. The pre-paid and/or debit application shall allow international calls.

4.4.36.5. Vendor shall have the capability to configure the pre-paid cards for usage outside of the Facilities. Vendor must provide detailed information on this process.

4.4.36.6. The pre-paid and/or debit application shall have the capability to terminate a debit account and refund income to the inmate or participant on the inmate’s PAN. Please describe Vendor’s process for meeting this requirement. Under no circumstances will the Vendor be allowed to keep any money deposited in a debit account or in a pre-paid collect account upon termination of the contract between the County and Vendor. All monies shall be returned to the individual inmate or end-user at the termination of the account or six (6) months of no activity, whichever comes first.

4.4.36.7. The debit application shall have the capability to interface with the current commissary system for ease of transferring money from the inmate’s trust fund/commissary account to the inmate telephone service. The current commissary provider is ARAMARK. Further, Vendor shall state whether Vendor has an established interface with ARAMARK. If Vendor does not have an established interface, Vendor is encouraged to contract ARAMARK during the RFP process in preparation for meeting this requirement for the initial implementation. It is the Vendor’s responsibility to create and establish the interface with ARAMARK. The County shall not be responsible for paying any amounts associated with the required interface.

4.4.36.8. Vendor shall provide information on how inmate telephone service handles debit balances if an inmate is transferred from one County Facility to another.

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4.4.37. Vendor must specify its validation process.

4.4.37.1. Please include whether the validation is done real-time or by batch.

4.4.37.2. Please specify Vendor’s process for unblocking a phone number which was originally restricted for non-payment, to include the timeframe for removing the restriction once the payment posts with the LEC.

4.4.38. Vendor must disclose, with percentages clearly shown, what work is or will be subcontracted, and what work is or will be performed by the Vendor’s employees for the Facilities listed in Section 4.6.5. Failure to honestly and completely answer the above questions may cause Vendor’s response to this RFP to be rejected.

4.5. System Security, Control and Investigative Features

The telephone system shall provide as a minimum the following security, control and investigative features:

4.5.1. The inmate telephone service shall prohibit direct-dialed or incoming calls of any type.

4.5.2. The inmate telephone service shall deny access to 800, 888, 877, 411, 555-1212, 900, 911, 950+1, 976 or 10-10xxx numbers/services. Allow the blocking of specific telephone number such as victims, witnesses, judges, and county staff.

4.5.3. The inmate telephone service shall prohibit access to a live operator for any type of call.

4.5.4. The inmate telephone service shall prohibit access to "411" information service.

4.5.5. The inmate telephone service must be able to be shut down quickly and selectively. The County must be able to shut down the inmate telephone service by cut-off switches at several locations including, but not limited to:

4.5.5.1.1. At demarcation location

4.5.5.1.2. By central control (manual master cut-off for all phones)

4.5.5.1.3. By select housing units (manual cut-off switches in control stations for individual phones)

4.5.5.1.4. Via workstation and/or remote access

4.5.6. The County prefers that Vendor’s inmate telephone service include voice biometric technology. If Vendor’s RFP proposal will include voice biometrics, Vendor must specifically include a section to provide an overview of the technology, detail on the enrollment process associated with the voice biometric solution and Vendor shall also indicate whether the voice biometric technology performs an initial verification and/or continuous verification of the inmate’s voice. This feature must be an

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integrated part of the ITS and must offer related analysis tools and capabilities. The County will not be a “beta test site” for unproven technology. Vendor must provide references of clients who are currently using this technology, including the size of the facilities. If Vendor’s voice biometric technology utilizes continuous voice verification, the references must include a facility where continuous voice verification has been in service successfully for at least six (6) months.

4.5.7. The inmate telephone service shall be capable of taking an individual station out of service without affecting other stations or units.

4.5.8. The inmate telephone service shall offer the option to record and monitor the visitation booths those Facilities that opt to record inmate calls or visitation sessions.

4.5.9. The inmate telephone service shall prevent any inmate telephone from receiving any incoming calls. The Vendor shall work with the local exchange carriers (LECs) to ensure such control. Vendor shall provide a detailed explanation regarding the information which is displayed on the called party’s caller ID each time a call from the Facility is placed (ex: “unknown number,” B-1 ANI, etc.).

4.5.10. The inmate telephone service shall provide an integrated capability to monitor, record, store and retrieve inmate phone conversations on a real time basis. Recordings must be stored on-line for the entire contract term with the option to archive to electronic media such as a DVD or USB devices.

4.5.11. The inmate telephone service shall have a fraud prevention feature.

4.5.12. The recording playback function must be able to split inmate side of conversation from called party side of conversation to play on separate speakers for more detailed analysis.

4.5.13. The inmate telephone service, upon detection of a three way call (call forwarding and conference calls, etc.), shall have the capability to flag and/or terminate the call immediately. Three-way calls shall be flagged in the call detail records as “three-way call.”

4.5.13.1. Please indicate whether the inmate telephone service plays a message to the inmate and/or the called party prior to terminating the call.

4.5.13.2. Please specify the method used by the Vendor to detect three-way calls.

4.5.14. The County prefers that the inmate telephone service has the capability to detect and terminate Remote Call Forwarding calls. If Vendor’s inmate telephone service is unable to detect Remote Call Forwarding, please provide the status of Vendor’s research and development relative to detection of Remote Call Forwarding.

4.5.15. The inmate telephone service shall have the capability of answer detection.

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4.5.16. The inmate telephone service shall be capable of denying certain telephone numbers from inmate dialing.

4.5.17. Vendor shall provide the County with laser-jet printers and workstations, working real-time with the inmate telephone service for monitoring, recording, and reporting. The number of workstations and printers is specified in Section 4.6.5. The workstations shall each include a CD/DVD burner. At the request of the County, Vendor shall provide remote access to the inmate telephone service at no cost. The provision of remote access shall allow the County the same features and functionalities, permitted by the user’s level of access, available on the dedicated workstation(s) supplied by Vendor. The inmate telephone service shall offer unlimited secure and concurrent access with no degradation to service quality from any PC or laptop with high speed internet connectivity. This remote access shall at a minimum enable authorized users to view call records, generate reports, monitor live conversations, and search/retrieve/play recorded calls. Remote access activity shall not impair system functionality or performance in any way.

4.5.18. The inmate telephone service shall be capable of allowing calls to specified numbers at specified times during the day.

4.5.19. The inmate telephone service shall be capable of limiting the length of a call, providing the dial tone at certain times of the day and allowing a maximum number of minutes or seconds per inmate, per month. The required call time limit is specified in Section 4.6.5.

4.5.20. The County is interested in an inmate messaging system or service. This system would allow inmates to send short duration messages (voice mail) to called parties. All messages are to be recorded and stored for investigative purposes within the call processing system. The receiving called party may be charged a reasonable fee for each message. Vendor shall provide detail on its voice mail technology to include but not be limited to 1) required integration, 2) charge per voice mail, 3) method for compensation to the County.

4.5.21. In all circumstances, the inmate telephone service shall limit the inmate to a single call request. The inmate telephone service shall always require the inmate to disconnect the call in progress and initiate another call.

4.5.22. The PIN application shall work with the inmate telephone service using all of the features and functionalities described herein.

4.5.22.1. The inmate telephone service shall have the capability to assign and use Personal Identification Number (PIN) management. The PIN is the inmate’s X-Ref number which is generated by the JMS.

4.5.22.2. The County prefers that the inmate telephone service has the capability to will integrate with the County’s analytical software. At the minimum the system will need to integrate with the THREADS software provided by Direct Hit Incorporated or any of its resellers. At a minimum, Vendor shall export and FTP daily call detail

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reports, in a format specified by the County, to be imported into THREADS.

4.5.22.3. The inmate telephone service shall have the capability to provide collect, debit and pre-paid station-to-station calling utilizing a PIN.

4.5.22.4. The inmate telephone service shall have the capability to provide Personal Allow Numbers Lists (PANs) associated with each PIN. These PANs shall store a set quantity of allowed telephone numbers for each inmate.

4.5.22.5. Vendor shall indicate whether the proposed inmate telephone service documents updates or history of PAN entries. (ex: time/date stamp, etc.).

4.5.22.6. Vendor shall indicate how attorney phone numbers are stored with the PAN application and whether the attorney phone numbers count against the set quantity of allowed telephone numbers for the individual inmate.

4.5.22.6.1. The inmate telephone service shall be capable, upon request by the County, to provide specific information for tracking inmate calling activities and calling patterns by individual telephone numbers. At a minimum, the following reports shall be available for monitoring purposes: PANs per inmate or identifying number; Calls by PIN or other identifying

number.

4.5.22.7. The inmate telephone service shall have the capability to interface with the County’s booking/jail management system (JMS) so that the inmate PINs will be automatically transferred, activated and deactivated in the inmate telephone system based on the inmate’s custody status. The current JMS for the Sheriff’s Department is Jail Information Management System (JIMS). The case management system for the Probation Department is Juvenile Probation Information Program (JPIP). It is the Vendor’s responsibility to identify the requirements necessary to interface with JIMS and JPIP to ensure Vendor will be able to meet the auto-PIN requirement upon implementation. The County shall not be responsible for paying any amounts associated with the required interface.

4.5.22.8. The PIN numbers shall be stored in a database that is accessible to designated users, depending upon the user’s password level.

4.5.22.9. The inmate telephone service shall include, at a minimum, an alert system that will detect and prohibit an attempted call made to a restricted number, an attempted call using a restricted PIN, or an attempted call made from a restricted telephone.

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4.5.22.10. The inmate telephone service shall be capable of transferring inmate information (ex: PINs, PANs, etc.) from one Facility to another without requiring manual re-entry of the inmate’s information.

4.5.22.11. Once an inmate’s account has been activated in the inmate telephone service, the inmate shall be allowed to place calls from any County Facility.

4.5.22.12. The inmate telephone service shall be capable of documenting the date/time when an individual PIN entry was added or modified in the inmate telephone service and document the user making the change.

4.5.23. The Vendor will provide for alerts via Short Message Service (SMS), email and automated recording. The system will have notification capabilities to enable live listening via mobile device without inmate knowledge.

4.5.24. Vendor’s application (a.k.a. user interface) shall at a minimum support:

4.5.24.1. The creation and deactivation of user accounts.

4.5.24.2. The creation and deactivation of inmate accounts.

4.5.24.3. The modification of which phones may be used by an inmate.

4.5.24.4. The ability to retrieve call detail data for a single inmate and date range.

4.5.24.5. The ability to retrieve call detail data for a single phone.

4.5.24.6. The ability to retrieve the recording for a single call.

4.5.24.7. The ability to set blocked numbers.

4.5.25. The inmate telephone service shall be capable of permitting full monitoring and recording of all calls from any telephone within the Facilities unless there are restrictions that prohibit the recording and monitoring of certain calls such as attorney-client restrictions. The inmate telephone service shall have the capability to exclude those calls.

4.5.26. The inmate telephone service shall comprehensively record all calls. At a minimum, the Facilities shall have the capability of playing back a recorded call. All call recordings shall be stored online for the life of the contract and shall be stored offline indefinitely. The Vendor shall be responsible for supplying all backup disks/CDs/media for the storage of call recordings at no cost to the County throughout the life of the contract and any renewal terms. Call detail records and recordings shall be stored on-line throughout the life of the contract. Alternate proposals of archive storage are not acceptable. Vendor may incur penalties for the loss of call recordings or call detail. In the event of lost call recordings or data, the

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County reserves the right to impose a penalty of $5.00 per call which was lost/purged.

4.5.27. The monitoring and recording of calls shall be selectively programmable by one or all of the following:

4.5.27.1. Housing Unit;

4.5.27.2. Start and Stop Time and Date of Call;

4.5.27.3. Called Number; and

4.5.27.4. PIN

4.5.28. The inmate telephone service shall be capable of showing real time call activity on a workstation. This activity shall be detailed by date of call, start time of call, stop time of call, originating telephone station number and called number.

4.5.29. The inmate telephone service shall allow for the manual set up of the monitoring and recording connection on an as needed basis. The inmate telephone service shall have the capability to select a particular telephone number for recording or monitoring while a call is in progress.

4.5.30. The inmate telephone service shall provide for simultaneous playback of recorded calls and continuous recording of live conversations.

4.5.31. The inmate telephone service shall provide for continuous on-line diagnostics and continuous supervision, as well as local remote offline system control access for advanced programming and diagnostics. Access to the built-in advanced diagnostics and program control shall be accessible via modem by service center personnel and shall provide failure reports, service history and other diagnostics.

4.5.32. The inmate telephone service shall provide the capability to copy the conversations onto a CD/DVD or other storage device in audio or MP3/data format with tamper free capabilities. To ensure copying of recordings did not alter the original call, the ITS shall include MD5 or SHA256 hashing values. The storage device shall be provided by the Vendor and located with the recording equipment in the area designated by the County. The storage device shall produce transfer recordings with virtually no loss in quality and shall be capable of placing an audio time and visual date stamp within the recording. The storage device shall have a monitor amplifier and speaker so that the investigator may confirm accurate transfers of the recorded information.

4.5.33. Time and date entries for each recorded conversation shall be displayed on a per channel basis. The inmate telephone service shall display all conversations in chronological order to facilitate research and playback.

4.5.34. The Vendor shall provide an uninterrupted power supply source to ensure there is no loss of recordings or real time call data in the event of a power failure.

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4.5.35. Vendor shall retain account set-up information for end-users receiving calls from the Facilities to include, at a minimum, the called party’s billing name, telephone number associated with the account and billing address. This information shall be stored for the duration of the Agreement and for four (4) years after expiration/termination of the Agreement for purposes of aiding investigations.

4.6. Equipment

4.6.1. Vendor RFP proposals/submissions must include detail of the proposed inmate telephone service. This detail shall include, but not be limited to the system version (if Vendor uses multiple inmate telephone service versions and/or releases), system design, technical specifications, software applications, hardware architecture and networking capabilities. Vendors shall also include a description as well as a visual aid of the inmate telephone sets, enclosures and/or pedestals proposed for installation at the Facilities.

4.6.2. All telephone equipment provided shall be new and completely operational at the time of the initial installation.

4.6.3. All equipment shall comply with Part 68 FCC Rules and meet or exceed all applicable codes and standards for installation and service.

4.6.4. All telephone instruments shall be line powered and have Universal Power Supply (UPS) back-up power. No separate power supply shall be required. The UPS back-up as other equipment, whether or not specifically mentioned, to complete a total inmate telephone system will be the responsibility of the successful Vendor and any and all costs will be borne by the successful Vendor.

4.6.5. Facilities Available for Bid:

The Sheriff's Department presently operates facilities at the following locations. Additional detail on each facility is provided below.

Main Jail Division Rio Cosumnes Correctional Center651 “I” Street 12500 Bruceville RoadSacramento, California 95814 Elk Grove, California 95758

The Probation Department presently operates facilities at the following locations. Additional detail on each facility is also provided below.

Youth Detention Facility Sacramento County Boys Ranch9601 Keifer Boulevard 14049 Boys Ranch RoadSacramento, California 95827 Sloughhouse, California 95683

SHERIFF’S DEPARTMENT:Sacramento County Main Jail:The Sacramento County Main Jail is an eight (8) story building with a basement separated into two (2) towers. Floors 3 through 8 consist of the inmate housing units in each tower. Each housing unit consists of three (3) or four (4) pods, containing between 30 and 40 cells each. The second floor is the medical floor. The East side of the medical floor is separated into three (3) housing pods, similar

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to floors 3 through 8. The West side of the second floor is a psychiatric and acute medical wing. The first floor of the Main Jail is the booking area, which is separated into nine (9) holding cells (2 female and 7 male), a female own recognizance cell, and a male own recognizance cell. The basement level does not house inmates.

There are currently six (6) social visit booths on each side of floors 3 through 8, two (2) social visit booths on 2 East, and two (2) interview rooms (1 female and 1 male) on the first floor. This comes to a total of seventy-six (76) visiting stations.

There are currently two hundred twenty-seven (227) phones spread throughout the 2-8 floors. There are twenty-two (22) phones in the booking holding areas, as well as one (1) roll out phone for use in the segregation cells. There are a total of two hundred fifty (264) phones/ports throughout the Main Jail. In addition, there are also phone lines running through each classroom and acute medical cell.

The Main Jail will require two (2) hands-free phones in each of its sobering tanks in the booking area. No extra inventory will be allowed for storage at the Main Jail and clean set-ups for phone rooms are required.

Rio Cosumnes Correctional Center:The Rio Cosumnes Correctional Center (RCCC) is located in Elk Grove and is the primary custodial facility for inmates sentenced to the County Jail from the Sacramento County Courts. The RCCC has numerous housing facilities spread over the facility grounds with varying function and level of security.

Currently, there are existing visitation stations at SBF, CBF, 448S, booking and the Sandra Larson Facility (SLF). There are plans to install 23 new visiting stations in the recreation area that will require 46 handsets. RCCC will require that all cords for visiting stations be 24 inches. In booking, visitation handsets will need to be above the counter and preferably centralized. Talk time for visitation is one (1) hour.

Currently phone booths are in place at C, D, G, & H Barracks which house a total of eight (8) inmate telephones each. The County is interested in a proposed method for utilizing, rebuilding or remodeling the phone booth structures.

Calling Statistics

The following collect and pre-paid collect calling statistic data represents a monthly average based on six (6) months of statistics.

Facility Average Type Completed Calls Minutes Inmate Visits

Main Jail

Local 25,517 271,062

220*Intralata/Intrastate 2,812 31,296Interlata/Intrastate 2,991 26,494

Interstate 754 7,359

RCCC

Local 19,985 233,073

53*Intralata/Intrastate 18,018 216,262Interlata/Intrastate 2,037 17,829

Interstate 385 3,622

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*Represents average number of visits per day.

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Facility Specifications: Main Jail RCCC

Average Daily Population (ADP): 2,150 2,098

Number of Beds: 2,432 2,651Call Time Limit: 15 minutes 15 minutes

Inmate Telephones Required: 264 212

Booths/Enclosures Required: 0 32 (4 sets of 8)

Portable/Cart Phones Required:

3 3

TDD Units Required: 2 2

Visitation Phones (2 phones per station):

76 stations/152 handsets 83 stations/166 handsets

Cord length:Inmate phones: 18”

Visitation phones: 24”Inmate phones: 18”

Visitation phones: 24”

Coin Pay Telephones Required:

0 0

Workstations & Printers Required:

3 3

PROBATION DEPARTMENT:

Youth Detention Facility:

The Youth Detention Facility is in the final phase of housing unit remodel and expansion. Construction is projected to be completed by August 2010. Once the remodel is complete, the facility will be made up of 17 housing units that will have two (2) phones located in the day space of each unit. Additionally, the intake booking area will have seven (7) phones located in the day space or holding cells. Upon completion of the current expansion project, the inmate capacity will be 446. The Youth Detention Facility is interested in the implementation of PINs (using X-Ref numbers as PINs); PINs are not currently in place at the Youth Detention Facility.

The County is considering an expansion of phones in the Recreation Hall and Honor Dorm and will require the use of copper wiring. The Facility will require that all handset cords be 18 inches in length. Considered expansion of current systems to include the implementation of PANS, investigative tools, capture and storage of content, on site review capabilities, restrictions based on X-Ref (Integration into case management system, JPIP) and the ability to accept debit type monetary payment. Additionally, Program Based Service (PBS) reporting requirements has a need to track the number of phone calls placed to any family members (by phone number listed in contact information contained in PIP (Probation Information Program) or JPIP) during the confinement period. The Youth Detention Center would require the inmate telephone service to integrate with JPIP for

importing records for individuals/maintain blocked and allowed numbers and to integrate with JIMS).

The Youth Detention Facility will also require the successful Vendor to provide brochures in the visitation area to provide information about the calling system for the residents’ families.

Sacramento County Boys Ranch: The Sacramento County Boys Ranch consists of two dorms; the Main Dorm and Honor Dorm. The Main Dorm has the capacity to house 100 residents. The Honor Dorm has the capacity to house 25 residents. Additionally, the facility has a Recreation Hall and Gymnasium. Currently, there are five (5) smart pay-phones at the Boys Ranch. Three (3) are located outside the Recreation Hall and two (2) are located inside the Honor Dorm. Honor Dorm residents have easier access to the phones since they are housed in the Honor Dorm. The Main Dorm residents mainly use the phones during the evening hours in the Recreation Hall. On the weekends, the Main Dorm residents have more access to the phones throughout the day since there is no school or work on the grounds.

Calls are not currently recorded; however, the Facility will require recording capabilities going forward upon contracting with the successful Vendor. The Boys Ranch is also looking to implement the use of PINS (X-Ref numbers to be assigned at the Youth Detention Center).

The inmate capacity at this facility is 125. The average daily population is 92.

The County is considering an expansion of phones in the Recreation Hall and Honor Dorm and will require the use of copper wiring. The Facility will require that all handset cords be 18 inches in length. Considered expansion of current systems to include the implementation of PANS, investigative tools, capture and storage of content, on site review capabilities, restrictions based on X-Ref (Integration into case management system, JPIP or PIP) and the ability to accept debit type monetary payment. Additionally, Program Based Service (PBS) reporting requirements has a need to track the number of phone calls placed to any family members (by phone number listed in contact information contained in PIP or JPIP) during the confinement period. The Boys Ranch would require the inmate telephone service to integrate with JPIP for importing records for individuals/maintain blocked and allowed numbers and to integrate with JIMS).

The Boys Ranch will also require the successful Vendor to provide brochures in the visitation area to provide information about the calling system for the residents’ families.

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Calling Statistics

The following collect and pre-paid collect calling statistic data represents a monthly average based on six (6) months of statistics.

Facility Average Type Completed Calls Minutes Inmate Visits

YDF

Local 1,160 12,057

60*Intralata/Intrastate 439 4,901Interlata/Intrastate 120 920

Interstate 15 127

Boys Ranch

Local 335 4,095

3*Intralata/Intrastate 29 278Interlata/Intrastate 4 31

Interstate 1 6

*Represents average number of visits per day.

Facility Specifications: Youth Detention CenterSacramento County Boys

Ranch

Average Daily Population (ADP):

238 83

Number of Beds:270 currently (446 with

expansion)125

Call Time Limit: 10 minutes 10 minutes

Inmate Telephones Required: 41 5

Booths/Enclosures Required: 0 0

Portable/Cart Phones Required: 1 0

TDD Units Required: 2 2Visitation Phones (2 phones per station):

0 0

Cord length: Inmate phones: 18” 18”

Coin Pay Telephones Required: 0 0

Workstations Required: 1 1

All Facilities are interested in implementing debit calling without physical debit or pre-paid cards.

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4.6.6. No on-site inventory will be allowed for phones.

4.7. Options

Vendor shall provide information on any additional technology or optional features that may be of interest to the County (i.e. Word Recognition, Inmate Email, Reverse Look-Up, Administrative Phone System, Automated Access to Inmate Information, Inmate Trust Account Deposit Processing, etc.) Please be sure to provide detailed information on the functionalities as well as a complete description of the features and applications proposed. Also, detail any cost associated with the additional technology or optional features offered/proposed. (County is not interested in fingerprint biometrics.)

4.8. References and Experience

4.8.1. Vendor RFP proposals/submissions must include a list of at least five (5) references who have been customers for at least six (6) months where Vendor provides equipment and services similar to the equipment under consideration in this RFP. Include the name of the facilities, address and telephone number, plus the name of a contact person and title and relevant project information (site size, number of inmate telephones, ADP, contract start date, etc.). The County prefers that the reference contact included is an individual who also utilizes Vendor’s software application. If offering biometric technology, identify sites which utilize the proposed features. The County, at its sole discretion, may contact the references and/or system users at any time during the RFP period. Please be sure to provide updated references and accurate contact information.

4.8.2. Vendor RFP proposals/submissions must include the total number of contracts lost, not renewed or prematurely cancelled in the last five (5) years. Include name of facility, contract end date, contract termination date, and the reasons for non-renewal or cancellation. Please include a list of all contracts lost during the last three (3) years; a response indicating this is proprietary information is unacceptable.

4.8.3. Vendor RFP proposals/submissions must include the total number of entities, in the last three (3) years, that have notified Vendor in wiring that there were additional commissions owed for any reason. Provide names and addresses of the entities and the status of resolution to these issues. A response indicating the information is proprietary is unacceptable.

4.9. Training

4.9.1. Vendor shall provide training to the County’s staff at the location where the equipment is installed. Additional training shall be provided to new staff assigned at no cost to the County. Training manuals shall be provided to the County’s staff at all training meetings and will become the property of the County.

4.9.2. Informational pamphlets shall be available for inmates relative to the applicable features and functionalities of the inmate telephone service, when requested by the County.

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4.9.3. The Vendor will also provide full documentation for all of the phone features. This will include system manuals, full facility identifying phone numbers and the location of every unit within each Facility.

4.10. Mandatory Site Visits and Pre-Proposal Conference

4.10.1. Vendor is required to visit the Facilities specified in Section 4.6.5 during the RFP process. Mandatory site visits are required by all potential proposers. There are multiple locations with unique physical characteristics. The purpose of the site visits is to acquaint the Vendors with each Facility and the potential scope of work. Vendors may also ask general questions about the RFP and the process. The site visits for the Facilities will be conducted on the dates outlined in the Schedule of Events (please see Section 2). This will be the only time available for Vendor to visit the Facilities during the RFP process.

4.10.2. For security reasons, Vendor must complete the Site Evaluation Form attached as Appendix F and return the completed form to Lt. Gary Ilg at Sacramento County Sheriff’s Department via email at the contract information listed in Section 3 on or before the deadline listed in the Schedule of Events (please see Section 2). Each Vendor shall be limited to two (2) representatives to attend the site evaluation. Vendor will be provided with confirmation by the County regarding the site evaluation.

4.10.3. Specific questions concerning the RFP should be submitted in writing before the site visits so the County may prepare responses before the actual visit. Additional questions shall be entertained at the visits; however, responses may be deferred and provided at a later date.

4.10.4. The response to any question that is given orally at the pre-proposal conference is to be considered tentative and nonbinding on the County. After the conference, the official response to questions shall be published in writing. This shall ensure accurate, consistent responses to all vendors. Copies of all written questions and the County’s responses shall be mailed to all vendors submitting a Letter of Intent to Propose. Only the written responses from the County shall be considered official.

5. PROPOSAL INSTRUCTIONS, FORMAT AND CONTENT

4.11. General Format

Vendor must respond to all requests for information and completion of forms contained in this document. You may use additional sheets as necessary. A qualifying response must address all items. Brochures and advertisements will not be considered a complete reply to requests for information and will not be accepted as such. Vendor is solely responsible for accuracy and completeness of proposal response. Responses considered incomplete may be rejected.

4.12. 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,

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electronically or otherwise altered by Vendor or Vendor’s agent(s). Any response containing altered, deleted, additional or otherwise non-original text will be disqualified.

4.13. Preparation of Response

4.13.1. All information requested of the Vendor must be entered in the appropriate spaces on the form. Failure to do so may disqualify your offer.

4.13.2. If Vendor is completing bid documents electronically, all inserted responses must be emphasized in alternate font size (no less than 11 point font), color, emphasis or other method, so that evaluator may immediately distinguish such inserted responses.

4.13.3. All County procurement documents are manually scanned and stored electronically in an internal database. Therefore, please do NOT submit proposals that are permanently bound, such as comb, press, spiral notebook or perfect type binding. Responses submitted with such binding may be rejected. Removable types of binding, such as multi-ring binder style, are preferred.

4.13.4. All responses must be signed by an authorized officer or employee of the Vendor.

4.13.5. Responses must be submitted prior to the specified date and time. Late responses, telegraphic, fax, or telephone responses will not be accepted.

4.13.6. Submit responses in a sealed box with the RFP number, closing date, and time shown on the outside.

4.13.7. All information must be entered in ink or typewritten. Mistakes may be crossed out and corrections inserted before submission of your response. Corrections must be initialed in ink by the person signing the response.

4.13.8. Corrections and/or modifications received after the specified closing time will not be accepted.

4.13.9. Time of delivery must be stated as the number of calendar days following receipt of the order by the Vendor to receipt of the goods or services by the County.

4.13.10.Time of delivery may be a consideration in the award.

4.13.11.Prices will be considered as net if no cash discount is shown.

4.13.12.If any information contained in the response is considered confidential or proprietary by Vendor, it must be clearly labeled as such and presented in a sealed envelope within the Vendor's response package.

4.14. Required Submittals

At a minimum, proposer’s response must include all of the mandatory items listed below. Failure to include mandatory items and required information will result in Vendor’s response being deemed non-responsive.

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4.15. Order of Submittals

In order to facilitate the comparison of proposals, your response to this request must be organized and submitted in the order presented in this request.

4.15.1. Mandatory Items:

4.15.1.1. Cover sheet (page 1) must be completed with original ink signature, and returned as part of the proposal response. All sections of this request must be returned as part of the proposal response.

4.15.1.2. Vendor Additional Information Form (Appendix A).

4.15.1.3. Compliance with Child, Family and Spousal Support form (Appendix B)

4.15.1.4. Acknowledgement of Minimum Insurance Requirements (Appendix C)

4.15.1.5. Rates and Commissions (Appendix D)

4.15.1.6. References

4.15.1.7. Acknowledgement of Issued RFP Addendums and Exceptions Addendum

4.15.1.8. Current annual report and/or last two (2) quarterly audited financial reports; statement of financial condition (see Section 3.5.7)

4.15.1.9. Disclosed synopsis of litigation (see Section 3.5.8)

4.15.1.10. Documentation of certification to do business in the State of California (see Section 3.18.2)

4.15.1.11. Demonstration of meeting Public Utilities Commission and FCC requirements (see Section 3.18.3)

4.15.1.12. Implementation plan (see Section 4.1.1)

4.15.1.13. Capabilities and level of service; technician information; response time (see Sections 4.2.1, 4.2.3, 4.2.4, & 4.2.5)

4.15.1.14. Description of billing and collection process (see Section 4.3.1)

4.15.1.15. Proposed method of accommodating booth requirements (see Section 4.6.5)

4.15.1.16. Proposed voice biometric technology capabilities and enrollment process (see Section 4.5.6)

4.15.1.17. Proposed voice mail technology (see Section 4.5.20)

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4.15.1.18. Proposed integration with THREADS, JIMS and JPIP (see Section 4.5.22)

4.16. General Proposal Requirements

4.16.1. The County discourages lengthy and costly proposals. Proposals should be prepared simply and economically and provide a straightforward, concise description of the Vendor’s capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content.

4.16.2. Vendors must follow all formats and address all portions of the RFP set forth herein providing all information requested. Vendors may retype or duplicate any portion of this RFP for use in responding to the RFP, provided that the proposal clearly addresses all of the County's information requirements.

4.16.3. Vendors must respond to every subsection under the Technical Proposal sections below. Vendors must label each response to RFP requirements with the section and subsection numbers associated with the subject requirement in this RFP (e.g., the response to the third requirement of the Proposal Transmittal Letter would be labeled 5.2.1.3).

4.16.3.1. Failure to follow the specified format, to label the responses correctly, or to address all of the subsections may, at the County’s sole discretion, result in the rejection of the proposal.

4.16.3.2. Proposals must not contain extraneous information. All information presented in a proposal must be relevant in response to a requirement of this RFP, must be clearly labeled, and, if not incorporated into the body of the proposal itself, must be referenced to and from the appropriate place within the body of the proposal. Any information not meeting these criteria shall be deemed extraneous and shall in no way contribute to the evaluation process.

4.16.4. Proposals shall be prepared on standard 8 1/2" x 11" paper. Foldouts containing charts, spread sheets, and oversize exhibits are permissible. All responses, as well as any reference material presented, must be written in English. All monetary amounts must be detailed in United States currency. All proposal pages must be numbered.

4.16.5. Vendors shall submit proposals in accordance with Section 3.5 of this RFP by the Deadline for Submitting a Proposal in the RFP Schedule of Events (please refer to Section 2).

4.17. Technical Proposal

The Technical Proposal shall contain the following sections:

Proposal Transmittal Letter; Mandatory Proposer Qualifications; General Vendor Qualifications and Experience;

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Technical Approach; and,

If a proposal fails to detail and address each of the requirements detailed herein, the County may determine the proposal to be non-responsive and reject it.

4.17.1. Proposal Transmittal Letter. The Technical Proposal must provide a written transmittal and offer of the proposal in the form of a standard business letter. The Proposal Transmittal Letter shall reference and respond to the following subsections in sequence and attach corresponding documentation as required. Each proposal must meet the Proposal Transmittal Letter requirements and provide all required documentation. A Proposal Transmittal Letter is mandatory, and failure to provide the information as required may result in the proposal being considered non-responsive and rejected.

4.17.1.1. The letter shall be signed by a company officer empowered to bind the proposing vendor to the provisions of this RFP and any contract awarded pursuant to it; if said individual is not the company president or vice president, the letter shall attach evidence showing authority to bind the company.

4.17.1.2. The letter shall state that the proposal remains valid for at least 90 days subsequent to the date of the proposal opening and thereafter in accordance with any resulting contract between the Vendor and the County.

4.17.1.3. The letter shall provide the complete name and Social Security Number of the individual or the legal entity name and Federal Employer Identification Number of the firm making the proposal.

4.17.1.4. The letter shall provide the name, mailing address, and telephone number of the person the County should contact regarding the proposal.

4.17.1.5. The letter shall state whether the Vendor intends to use subcontractors if so, clearly identify the names of the subcontractors along with complete mailing addresses and the scope and portions of the work the subcontractors shall perform. (NOTE: The Vendor must obtain written approval from the County prior to the use of any subcontractors in any subsequent contract.)

4.17.1.6. The letter shall state whether the Vendor or any individual who shall perform work under the contract has a possible conflict of interest (e.g., employment by the County) and, if so, the nature of that conflict. The County reserves the right to cancel an award if any interest disclosed from any source could either give the appearance of a conflict of interest or cause speculation as to the objectivity of the offeror. Such determination regarding any questions of conflict of interest shall be solely within the discretion of the County.

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4.17.2. Mandatory Vendor Qualifications . Proposals shall provide responses and documentation, as required, which indicate that the Vendor has met the Mandatory Vendor Qualifications requirements. Any proposal which does not meet the mandatory requirements and provide all required documentation may be considered non-responsive, and the proposal may be rejected.

Proposals shall provide the following information (referencing the subsections in sequence):

4.17.2.1. Written confirmation that the Vendor shall comply with all of the provisions in this RFP and any addendums. (NOTE: If the proposal fails to provide said confirmation without exception or qualification, the County, at its sole discretion, may determine the proposal to be a non-responsive counteroffer, and the proposal may be rejected.)

4.17.2.2. Written certification and assurance of the Vendor’s compliance with:

a) the laws of the State of California;

b) Title VI of the federal Civil Rights Act of 1964;

c) Title IX of the federal Education Amendments Act of 1972;

d) the Equal Employment Opportunity Act and the regulations issued there under by the federal government;

e) the Americans with Disabilities Act of 1990 and the regulations issued there under by the federal government;

f) the condition that the submitted proposal was independently arrived at, without collusion, under penalty of perjury; and,

g) the condition that no amount shall be paid directly or indirectly to an employee or official of the County as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Vendor in connection with the procurement under this RFP.

4.17.2.3. Written confirmation that the proposer has 5 years of recent experience operating a profitable telephone system of at least one hundred (100) phone units sited in a single correctional facility.

4.17.3. General Vendor Qualifications and Experience . Technical Proposals shall provide the following information (referencing the subsections in sequence) to evidence the Vendor’s experience in delivering services similar to those required by this RFP:

4.17.3.1. A brief, descriptive statement indicating the Vendor’s credentials to deliver the services sought under this RFP;

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4.17.3.2. A brief description of the Vendor’s background and organizational history;

4.17.3.3. Years in business;

4.17.3.4. A brief statement of how long the Vendor has been performing the services required by this RFP;

4.17.3.5. Location of offices;

4.17.3.6. A description of the Vendor organization’s number of employees, longevity, client base;

4.17.3.7. Whether there have been any mergers, acquisitions, or sales of the Vendor company within the last ten years (if so, an explanation providing relevant details);

4.17.3.8. Form of business (i.e., individual, sole proprietor, corporation, non-profit corporation, partnership, joint venture, limited liability company, et cetera);

4.17.3.9. A statement as to whether the Vendor or any of the Vendor’s employees, agents, independent contractors, or subcontractors have been convicted of, pled guilty to, or pled nolo contendere to any felony; and if so, an explanation providing relevant details;

4.17.3.10. A statement as to whether there is any pending litigation against the Vendor; and if such litigation exists, attach an opinion of counsel as to whether the pending litigation will impair the Vendor’s performance in a contract under this RFP;

4.17.3.11. A statement as to whether, in the last ten years, the Vendor has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors; and if so, an explanation providing relevant details;

4.17.3.12. An organizational chart highlighting the key people who shall be assigned to accomplish the work required by this RFP and illustrating the lines of authority and designate the individual responsible for the completion of each service component and deliverable of the RFP;

4.17.3.13. A narrative description of the proposed project team, its members, and organizational structure;

4.17.3.14. A personnel roster and resumes of key people who shall be assigned by the Vendor to perform duties or services under the contract (include estimated number of hours to be worked on the contract for each person, and the resumes shall detail each individual’s title,

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education, current position with the Vendor, and employment history);

4.17.3.15. Customer references for similar projects representing both three of the larger accounts currently serviced by the vendor and three completed projects— each reference must include:

a) the company name and business address;

b) the name, title, and telephone number of the company contact

c) knowledgeable about the project work; and

d) a brief description of the service provided and the period of service.

4.17.3.16. A list, if any, of all current contractual relationships with the County and all those completed within the previous five year period— the list must include:

a) the contract number;

b) the contract term; and

c) the procuring county agency for each reference.

(NOTE: Current or prior contracts with the County are NOT a prerequisite to being awarded the maximum available points for the Vendor Qualifications and Experience category. The existence of such current or prior contractual relationships will not automatically result in the addition or deduction of evaluation points. Any such current or prior contractual relationships, like those detailed pursuant to Section 5.7.1.6, shall be generally considered in awarding Vendor Qualifications and Experience category points.)

4.17.4. Technical Approach . The Vendor shall describe the vendor’s plans and approach for accomplishing the work requested. The information provided shall be in enough detail to enable the County to ascertain the Vendor’s understanding of the effort to be accomplished and should outline the steps in the total service proposed. Technical Proposals shall provide the following narrative information (referencing the subsections in sequence) to evidence the suitability of the Vendor’s technical approach to delivering the services sought under this RFP:

4.17.4.1. Vendors must provide a comprehensive narrative, captioned “Project Understanding,” that illustrates the Vendor’s understanding of the County’s requirements and project schedule.

4.17.4.2. Vendors must provide a comprehensive narrative, captioned “Project Approach,” that illustrates how the Vendor will complete the scope of services, accomplish required objectives, and meet the County's project schedule.

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4.17.4.3. Vendors must provide a comprehensive narrative, captioned “Project Management,” that illustrates how the Vendor will manage the project, ensure completion of the scope of services, and accomplish required objectives within the County's project schedule.

4.18. Proposer Responsibility

4.18.1. You are expected to be thoroughly familiar with all specifications and requirements of this proposal. Your failure or omission to examine any relevant form, article, site or document will not relieve you from any obligation regarding this proposal. By submitting a response, you are presumed to concur with all terms, conditions and specifications of this proposal unless you have specifically, by Section number, raised objection.

4.19. Taxes

4.19.1. Include any sales, use, or telecommunication tax information in your response, unless otherwise specified.

4.19.2. If your company is outside California and collects sales tax, please state the amount as a separate item if the County is to remit the tax.

4.20. Samples

4.20.1. Samples of articles, when required, must be furnished free of cost. Samples may be retained for future comparison. Samples which are not destroyed by testing or which are not retained for future comparison will be returned upon request at your expense.

6. PROPOSAL EVALUATION

4.21. Evaluation Procedures

4.21.1. Proposals will be evaluated by an Evaluation Committee comprised of one or more County departments and stakeholders. The Evaluation Committee will consider the completeness of a proposal and how well the proposal meets the needs of the County. In evaluating the proposals, Evaluation Committee will be using a criteria evaluation process. Evaluations will be based on criteria as outlined in Section 6.2 (Evaluation Factors). All proposals will be evaluated using the same criteria.

4.21.2. The 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 score does not imply that one Vendor is superior to another, but simply that, in the Evaluation Committee’s judgment, the selected Vendor appears to offer the best overall solution for the County’s current and anticipated needs.

4.21.3. Vendor may modify its proposal by submitting a letter to the County at any time prior to the Deadline for Responses included in the Schedule of Events included in Section 2. The County may use a Best and Final Offer option. This allows all

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Vendors with potentially acceptable proposals the opportunity to supplement their original proposal. All Vendors with potentially acceptable proposals will be contacted in writing by the County requesting the submission of Vendor’s Best and Final Offer (“BAFO”). The BAFO must include all discussed and negotiated changes.

4.21.4. The County will require the Vendors who receive top rankings during the initial evaluation phase to conduct an on-site demonstration of their proposed system functionalities/capabilities on the date specified on Section 2. The County will provide a required agenda, for those Vendors, specifying the items to be covered during the Vendor’s presentation.

4.22. Evaluation Factors

4.22.1. The County will evaluate all proposals submitted. The evaluation factors reflect the totality of considerations represented in the requested proposal responses. While cost is important, other factors are also significant and the County may not select the lowest cost proposal. Further, the Vendor with the highest commission offer is not guaranteed the award of the RFP. The objective is to choose the proposal that offers the highest quality services and will achieve the project’s goals and objectives within a reasonable budget.

4.22.2. Evaluations will be based on the criteria listed below, which corresponds to information requested in various sections of the RFP:

4.22.2.1. Overall Compliance with RFP Requirements and Evaluation of Exceptions Taken

4.22.2.2. Vendor Industry Experience References and experience with projects with a similar

scope Account management Number of facilities serviced Litigation Contracts lost and/or not renewed Financial stability

4.22.2.3. Call Processing & Traffic Reporting Collect threshold and billing process Pre-paid collect process and payment/set-up options Debit process Monthly reporting and compliance Reconciliation compliance

4.22.2.4. ITS and Monitoring & Recording Capabilities Platform type and/or subcontractor PIN and PAN Applications Alerts Downloading/copying of call recordings Data storage and location

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Remote access/user application/monitoring & recording Prompts, recorded name, and called party acceptance Three-way call detection Integration and interface approach System upgrades Optional features/technology offered Reporting

4.22.2.5. Implementation/transition plan and project team Established project team roster Established implementation/transition phase timeline Adequate resources

4.22.2.6. Maintenance and Service Call center location and hours of operation Technical support (local presence and

support availability) Priority levels and timeframe for

resolution/escalation Preventative maintenance plan

4.22.2.7. Cost Proposal & Financial Offer Collect, pre-paid collect and other fees and charges Calling rates Commission offer Financial incentive Minimum Annual Guarantee (MAG)

4.23. Competitive Negotiation of Proposals

4.23.1. The Vendor is advised that under the provisions of this RFP, the County reserves the right to conduct negotiations of the proposals received and the County reserves the right to award a contract without negotiations. If such negotiations are conducted, the following conditions shall apply:

4.23.1.1. Negotiations will only be conducted with potentially acceptable proposals. The County reserves the right to limit negotiations to those proposals which received the highest rankings during the initial evaluation phase.

4.23.1.2. Terms, conditions, prices, methodology, or other features of Vendor’s proposal may be subject to negotiation and subsequent revision. As part of the negotiations, Vendor may be required to submit additional financial information and other data to allow for a detailed evaluation of the feasibility, reasonableness, and acceptability of the proposal.

4.23.1.3. The requirements shown in Section 4 of this RFP are not negotiable and will remain unchanged unless the County determines that a change in such requirements is in the best interest of the County.

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4.24. Final Selection

The Evaluation Committee will formulate its recommendation for award of the Contract, and forward its selection to the appropriate parties for approval.

4.25. Contract Award and Execution

4.25.1. The County of Sacramento reserves the right to:

6.5.1.1 Award responses received on the basis of individual items, or groups of items, or on the entire list of items;

6.5.1.2 Reject any or all responses, or any part thereof;

6.5.1.3 Waive any minor irregularities or informalities in any response, which are immaterial or inconsequential in nature, and are neither affected by law nor a substantial variance with RFP conditions; and

6.5.1.4 Accept the response that is in the best interest of the County. The Purchasing Agent's decision shall be final.

4.25.2. Preference for Sacramento County Products. In purchases by the County of Sacramento, price and quality being equal, preference must be given to Sacramento County products (Charter of the County of Sacramento, sec. 83); also, ". . . preference must be given to the lowest responsible local bidder offering to supply such items for purchase which are raised, grown, manufactured, fabricated, processed or assembled in Sacramento County . . ." (Sacramento County Code, sec. 2.56.060).

4.25.3. Preference for California-made materials. Pursuant to Sections 4330-4333 of the Government Code, the County, in awarding the purchase, must prefer supplies partially manufactured, grown or processed in California, price, fitness and quality being equal. In order to receive preference, responses must clearly specify the item(s) for which preference is claimed and the preference applicable.

4.25.4. The County reserves the right to enter into a contract without further discussion of the submitted proposal. Therefore, the proposal should be initially submitted on the most favorable terms the proposing Vendor can offer.

4.25.5. The County reserves the right to withdraw the RFP in whole or in part, at any time and for any reason. Submission of a proposal confers no rights upon the Vendor nor obligates the County in any manner. The County reserves the right to award no contract and to solicit additional offers at a later date.

4.25.6. Each Vendor, by submitting a proposal, agrees that if the County accepts its proposal, such Vendor will furnish all items and services upon the terms and conditions in this RFP and subsequent contract. Vendor proposals that do not meet the mandatory requirements set forth in this RFP will be considered non-compliant. Vendors may be disqualified and the proposal may be rejected by the County for any of, but not limited to, the following reasons:

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4.25.6.1. Failure to properly complete the proposal;

4.25.6.2. Evidence of collusion among the Vendors submitting the proposals;

4.25.6.3. Failure to comply with the specification requirements.

4.25.7. The RFP document and the successful Vendor’s proposal response, as amended by agreement between the County and the successful Vendor, including e-mail or written correspondence relative to the RFP, may become part of the contract documents. Additionally, the County may verify the successful Vendor’s representations that appear in the proposal. Failure of the successful Vendor to perform as represented may result in elimination of the successful Vendor from competition or in contract cancellation or termination.

4.25.8. The County expressly reserves the right, in its sole judgment, to accept or reject any or all proposals, with or without cause, modify, alter, waive any technicalities or provisions, or to accept the proposal which, in its sole judgment, is determined to be the best evaluated offer resulting from negotiation, taking into consideration the relative importance of commissions offered and other evaluation factors set forth in the RFP. The successful Vendor will be expected to enter into a contract with the County. If the successful Vendor fails to sign a contract within fifteen (15) business days following the delivery of the contract documents, the County may elect to negotiate a contract with the next-highest ranked Vendor.

4.25.9. The County shall not be bound, or in any way obligated, until both parties have executed a contract. The proposing Vendor may not incur any chargeable costs prior to final contract execution.

4.25.10.The foregoing should not be interpreted to prohibit either party from proposing additional contract terms and conditions during the negotiation of the final Contract.

4.25.11.The inmate telephone services are to be provided in compliance with all applicable state and federal standards relating to inmate telephone service in correctional facilities.

4.25.12.The County reserves the right to request additional written and/or oral information from responders at any time before contract award, in order to obtain clarification of their responses.

7. FINAL ACCEPTANCE

4.26. Equipment/Supplies/Services

The County 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 successfully operational for ninety (90) days with proper validation in the service and billing/commission areas.

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8. DEFINITIONS

4.27. Request/Proposal/Bid

The completed and released document, including all subsequent addenda, made publicly available to all prospective proposers.

4.28. Response

The written, signed and sealed complete document submitted according to the proposal instructions. Response does not include any verbal or documentary interaction apart from submittal of a formal Response.

4.29. We/Us/Our

Terms that refer to the County of Sacramento, a duly organized public entity. They may also be used as pronouns for various subsets of the County organization, including, as the context will indicate:

4.29.1. Sheriff and Probation Departments – The law enforcement departments requiring the goods or services contained in this request, for which this PROPOSAL is prepared and which will be the end user of the requested goods or services.

4.29.2. Constituency – the client base or County population which may benefit from the procurement of goods and/or services requested herein.

4.30. You/Your

Terms that refers to businesses/individuals submitting a response. The term may apply differently as the context will indicate.

4.30.1. Vendor- A business entity engaged in the business of providing inmate phone services. Also, a business entity submitting a response to this proposal; Vendors which may express interest in this proposal, but who do not submit a response, have no obligations with respect to the proposal requirements. Also, Vendor is one whose response to this proposal is evaluated as meeting the needs of the County. Vendor will be selected for award, and will enter into a contract for provision of the goods and services described in this proposal.

4.30.2. Vendor’s Employee - All persons who can be offered to provide the services described in the proposal. All employees of the Vendor shall be covered by the insurance programs normally provided to persons employed by a company (ex: Worker’s Comp, SDI, etc.).

4.31. Mandatory

Mandatory means a required element of this request/proposal/bid. Failure to satisfy any element of this request/proposal/bid defined as “mandatory” will disqualify the particular response.

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4.32. Default

Default is a failure to act as required by any contract resulting from this request, which may trigger the right to sue or may excuse the other party's obligation to perform under the contract.

4.33. Cancellation/Termination

A unilateral or mutual decision to not complete an exchange or perform an obligation under any contract resulting from this request.

4.34. “Or Equal”

A statement used for reference to indicate the character or quality desired in a requested product or service. When specified in a proposal document, equal items will be considered, provided the response clearly describes the article. Offers of equal items must state the brand and number, or level of quality. When brand, number, or level of quality is not stated by proposer, the offer will be considered exactly as specified. The determination of the Purchasing Agent as to what items are equal is final and conclusive.

9. GENERAL TERMS AND CONDITIONS

4.35. Bid/Quote/Proposal/General Conditions

All of the terms and conditions of the bid, quote, or proposal against which this purchase document is applied, are hereby incorporated.

4.36. Sales Tax Not Included

Unless otherwise definitely specified, the unit prices do not include California sales and use tax or Sacramento County sales and use tax.

4.37. Cash Discounts

In connection with any cash discount specified on this quote, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received in the County Auditor’s Office if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check.

4.38. Americans with Disabilities Act

As a condition of accepting a purchase order from the County of Sacramento, the vendor certifies that their business entity is in compliance with the Americans With Disabilities Act of 1990, as amended. Failure to certify shall prohibit the award of a purchase order to the vendor.

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4.39. Indemnification

4.39.1. The vendor shall hold the County of Sacramento, its officers, agents, servants and employees harmless from liability of any nature or kind because of use of any copyrighted, or non-copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this order, and agrees to defend, at his own expense, any and all actions brought against the County of Sacramento or himself because of the unauthorized use of such articles.

4.39.2. Vendor shall defend, indemnify, and hold Sacramento County and its affiliates, Agents, employees, officers, directors, and successors harmless from loss, cost, expenses, damages or liability (including reasonable attorney’s fees) resulting from actions, causes of action or claims brought or threatened hereunder, for (a) any actual or alleged negligence or dishonesty of, or any actual or alleged act of commission or omission by, Vendor or any of its employees, agents or subcontractors; in providing the equipment and services hereunder, (b) the operation of Vendor’s business or inmate telephone service; (c) any breach by Vendor of its obligations hereunder; or (d) any alleged patent, copyright or trademark infringement or unauthorized use of trade secrets or other proprietary rights in connection with the inmate telephone service, except where such claims, demands or liabilities are due to the negligence of Sacramento County, its Agents or employees.

4.39.3. Sacramento County agrees to provide Vendor with reasonable and timely notice on any claim, demand or cause of action made or brought against Sacramento County arising out of or related to the services rendered by Vendor. Vendor shall have the right to defend any such claim at its sole cost and expense and with its exclusive discretion. Sacramento County agrees not to compromise or settle any claim or cause without the prior written consent of Vendor.

4.39.4. In the event any infringement claim is made or threatened against Sacramento County, or injunctive relief is granted to a Claimant, Vendor shall (i) obtain the right for Sacramento County to continue use of the services; (ii) substitute other services of like capability, or (iii) replace or modify the services to render them non-infringing while retaining like capability. In the event Vendor is unable to perform any of the above, Sacramento County may terminate the contract upon sixty (60) days written notice to Vendor. The remedies provided in this subsection are Sacramento County’s sole remedies for Vendor’s failure to perform any obligation in this subsection.

4.39.5. These indemnities and remedies shall survive the expiration or other termination of the contract.

4.39.6. Vendor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by Sacramento County, including its Agents, employees, and assigns.

4.39.7. The Vendor shall comply with all applicable laws, rules, regulations, and orders of any authorized agency, commission, unit of the federal government, state, county, or municipal government at no cost to the County. The Vendor shall be authorized by

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the appropriate governing body and/or regulatory agency to be an Inmate Telephone Service Provider.

4.40. Termination/Default

4.40.1. In the event that the Vendor shall fail to perform, keep and observe any of the terms, covenants and conditions of the contract, the County shall give the Vendor written notice of such default and in the event said default is not remedied by the Vendor to the satisfaction and approval of the County within thirty (30) calendar days of receipt of such notice the County, in its sole discretion, may terminate this contract.

4.40.2. The contract between the County and the successful Vendor may be terminated by the County upon sixty (60) days written notice from the County to the Vendor without penalty.

4.40.3. Should the Vendor for any reason become unable to complete the work called for in the contract for inmate telephone service, the County may, at its sole discretion, call for the Surety Bond due, in full for such non-performance, and/or as liquidated damages.

4.40.4. In case of default by vendor, the County may procure the articles or services from other sources and may call the Surety Bond due in full.

4.40.5. The County may terminate any resulting contract without cause upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. If notice of termination for cause is given by the County to Vendor and it is later determined that Vendor was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to this paragraph.

4.40.6. The County may terminate any resulting contract for cause immediately upon giving written notice to Vendor, should Vendor materially fail to perform any of the covenants contained in this contract in the time and/or manner specified. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. If notice of termination for cause is given by the County to Vendor and it is later determined that Vendor was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to Section 9.6.5.

4.40.7. If any resulting contract is terminated under Section 9.6.5, Vendor shall only be paid for any services completed and provided prior to notice of termination. In the event of termination under Section 9.6.5, Vendor shall be paid an amount which bears the same ratio to the total compensation authorized by the contract as the services actually performed bear to the total services of Vendor covered by this contract, less payments of compensation previously made. In no event, however, shall the County pay Vendor an amount which exceeds a pro rata portion of the contract total based on the portion of the contract term that has elapsed on the effective date of the termination.

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9.6.9 Vendor shall not incur any expenses under any resulting contract after notice of termination and shall cancel any outstanding expenses obligations to a third party that Vendor can legally cancel.

4.41. Right to Audit

4.41.1. The County of Sacramento reserves the right to verify, by examination of vendor’s records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

4.41.2. Sacramento County will have the right from the Effective Date of the contract and for a period of two (2) years after the termination date of the contract, upon ten (10) business days written notice, to fully reconcile or examine any and all Vendor information pertaining to the contract. Sacramento County will also have the right to have another independent Agency of Sacramento County’s exclusive choice, perform any or all reconciliations and examinations pertaining to this contract.

4.41.3. Vendor shall maintain accurate, complete and auditable records fully reflecting the Gross Revenues from which commissions can be determined, including all call detail, EMI billing records, debit sales, and commissioning reports during the term of the contract and for no less than two (2) years after the term of the contract covered thereby in accordance with generally accepted accounting principles. Failure by the Vendor to comply with this full reconciliation rights provision will be grounds for termination of the contract at Sacramento County’s sole discretion.

4.42. Applicability to Heirs

Time is of the essence of each and all the provisions of this contract and, subject to the limitations of Section 3.12, the provisions of this contract shall extend to and be binding upon and inure to the benefits of the heirs, executors, administrators, successors, and assigns of the respective parties hereto.

4.43. F.E.T. Exemption

Sacramento County is exempted from payment of Federal Excise Tax. No federal tax shall be included in price.

4.44. Charges Not Included on Face Not Acceptable

No charge will be accepted for packing, boxing, or cartage, except as specified in the Notice of Award. Freight collect shipments will not be accepted. Merchandise will not be accepted if payment is to be made at the time of delivery.

4.45. Title

Except as otherwise expressly provided herein, title to and risk of loss on all items shipped by seller to buyer shall pass to the buyer upon buyer’s inspection and acceptance of such items at buyer’s building.

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4.46. Changes Without Notice Prohibited

No changes in price, quantity or merchandise will be recognized by the County of Sacramento without written notice of acceptance thereof prior to shipment.

4.47. All Understandings In Writing

It is mutually understood and agreed that no alteration or variation of terms of this award shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto.

4.48. Force Majeure

The vendor will not be held liable for failure or delay in the fulfillment of conditions of purchase order/contract if hindered or prevented by fire, strikes, or Acts of God.

4.49. Invoicing

Upon submission of itemized invoices, in duplicate, payment shall be made of the prices stipulated herein for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided. Payment on partial deliveries may be made whenever amounts due so warrant or when requested by the vendor and approved by the Purchasing Agent.

4.50. Special Conditions

Buyer’s standard terms and conditions shall govern any contract awarded. If, after award of contract, vendor provides additional terms or conditions, they shall be considered void. To the extent not otherwise stated in the contract, the California Commercial code shall apply.

4.51. Information Technology Assurances

Vendor shall take all reasonable precautions to ensure that any hardware, software, and/or embedded chip devices used by contractor in the performance of services under this contract, other than those owned or provided by County, shall be free from viruses. Nothing in this provision shall be construed to limit any rights or remedies otherwise available to County under this contract.

4.52. Child, Family, and Spousal Support (please refer to Appendix B)

4.52.1. Vendor hereby certifies that either: (a) The Vendor is a government or non-profit entity; or (b) the Vendor has no Principal Owners (25% or more); or (c) each Principal Owner (25% or more) does not have any existing child support orders; or (d) Vendor’s Principal Owners are currently in substantial compliance with any court-ordered child, family and spousal support order, including orders to provide current residence address, employment information, and whether dependent health insurance coverage is available. If not in compliance, Principal Owner has become current or has arranged a payment schedule with the Department of Child Support Services or the court.

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4.52.2. New Vendor shall certify that each of the following statements is true: (a) Vendor has fully complied with all applicable state and federal reporting requirements relating to employment reporting for its employees; and (b) Vendor has fully complied with all lawfully served wage and earnings assignment orders and notices of assignment and will continue to maintain compliance.

NOTE: Failure to comply with state and federal reporting requirements regarding Vendor’s employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment constitutes a default under any contract with the County. Failure to cure such default within 90 days of notice by the County shall be grounds for termination of contract

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APPENDIX “A” – VENDOR ADDITIONAL INFORMATION

(Required of all bidders)

CONTACT INFORMATION

Firm Name: ______________________________________ Check One: Corporation Partnership

Sole Proprietor

Contact Person: ________________________________________________________________

Address: ______________________________________________________________________

Phone: _____________________________ Fax: _____________________________________

E-mail address: _________________________________________________________________

Number of Employees: ______________ Number of Active Accounts: __________________

If firm is a sole proprietor or partnership:

Owner(s) of Company ___________________________________________________________

Answers to the questionnaire should be brief and to the point. Be sure to answer all questions and check mark (√) Yes or No answers where applicable.

A vendor shall be deemed non-responsive if:

1) Vendor does not answer all questions or provide all requested information.2) The questionnaire contains inaccurate information 3) The questionnaire is not received by the due date.

NOTE: The following two questions refer only to disputes between your firm and the owner of a contract. You need not include information about disputes between your firm and a supplier, another contractor, or subcontractor. You need not include information about “pass-through” disputes in which the actual dispute is between a sub-contractor and a contract owner. Also, you may omit reference to all disputes with amounts of less than $50,000.

A. Disputes

1. In the last five (5) years has your firm, or any firm with which any of your company’s owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency contract for any reason?

Yes No

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If “yes,” explain on a separate signed page. State whether the firm involved was the firm applying for pre-qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the contract, the contract and the basis for the action.

2. In the past five (5) years has any claim against your firm concerning your firm’s work on any government agency contract been filed in court or arbitration?

Yes No

If “yes,” on separate signed sheets of paper identify the claim(s) by providing the contract name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution).

B. Criminal Matters and Related Civil Suits

3. Has your firm or any of its owners, officers or partners ever been found liable in a civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity?

Yes No

If “yes,” explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the investigation and the grounds for the finding.

4. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to sexual harassment or discrimination or been subject to civil suit involving federal, state or local law related to sexual harassment or discrimination?

Yes No

If “yes,” explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the conviction and the grounds for the conviction.

5. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty?

Yes No

If “yes,” identify on a separate signed page the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct.

C. Compliance with Occupational Safety and Health Laws and with Other Labor Laws

6. Has CAL OSHA cited and assessed penalties against your firm for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past five years?

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Yes No

If “yes,” attached a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision.

7. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years?

Yes No

If “yes,” attach a separate signed page describing each citation.

8. Has your firm been investigated and found in violation by the California Department of Fair Employment and Housing and/or Federal Equal Employment Opportunity Commission investigation in the past five years?

Yes No

If “yes,” attach a separate signed page describing each citation.

9. Has the California Department of Industrial Labor Relations cited and assessed penalties against your firm in the past five years?

Yes No

If “yes,” attach a separate signed page describing each citation.

10. Has there been a federal or state class action lawsuit file against your firm in the past five years?

Yes No

If “yes,” attach a separate signed page describing each action.

11. Has there been an investigation by any government agency against your firm in the past five years?

Yes No

If “yes,” attach a separate signed page describing each investigation and, if applicable, the findings of each investigation.

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APPENDIX “B” – COMPLIANCE WITH CHILD, FAMILY & SPOUSAL SUPPORT

COUNTY OF SACRAMENTO

CONTRACTOR CERTIFICATION OF COMPLIANCE FORM

WHEREAS it is in the best interest of Sacramento County that those entities with whom the County does business demonstrate financial responsibility, integrity and lawfulness, it is inequitable for those entities with whom the County does business to receive County funds while failing to pay court-ordered child, family and spousal support which shifts the support of their dependents onto the public treasury.

Therefore, in order to assist the Sacramento County Department of Child Support Services in its efforts to collect unpaid court-ordered child, family and spousal support orders, the following certification must be provided by all entities with which the County does business:

CONTRACTOR hereby certifies that either:

(a) The CONTRACTOR is a government or non-profit entity (exempt), or (b) The CONTRACTOR has no Principal Owners (25% or more) (exempt), or (c) Each Principal Owner (25% or more), does not have any existing child support orders, or (d) CONTRACTOR’S Principal Owners are currently in substantial compliance with any court-

ordered child, family and spousal support order, including orders to provide current residence address, employment information, and whether dependent health insurance coverage is available. If not in compliance, Principal Owner has become current or has arranged a payment schedule with the Department of Child Support Services or the court.

New CONTRACTOR shall certify that each of the following statements is true:

(a) CONTRACTOR has fully complied with all applicable state and federal reporting requirements relating to employment reporting for its employees; and

(b) CONTRACTOR has fully complied with all lawfully served wage and earnings assignment orders and notices of assignment and will continue to maintain compliance.

Note: Failure to comply with state and federal reporting requirements regarding a contractor’s employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment constitutes a default under the contract; and failures to cure the default within 90 days of notice by the County shall be grounds for termination of the contract. Principal Owners can contact the Sacramento Department of Child Support Services at (916) 875-7400 or (888) 271-3906, by writing to P.O. Box 269112, Sacramento, 95826-9112, or by E-mailing DCSS-BidderCompliance@SacCounty.net.

_________________________________ ________________CONTRACTOR SIGNATURE DATE

_________________________________Printed Name

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APPENDIX “C” – MINIMUM INSURANCE REQUIREMENTS

Introduction

Without limiting Vendor’s indemnification, Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the contract by the Vendor, his agents, representatives or employees. The County shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If in the opinion of the County's Risk Management Office the insurance provisions in these requirements do not provide adequate protection for the County and for members of the public, the County may require Vendor to obtain insurance sufficient in coverage, form and amount to provide adequate protection. The County's requirements shall be reasonable but shall be imposed to assure protection from and against the kind and extent of risks that exist at the time a change in insurance is required.

Verification of Coverage

Vendor 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 or evidences of self-insurance are to be received and approved by the County before performance commences. The County reserves the right to require that Vendor provide complete, certified copies of any policy of insurance offered in compliance with these specifications. As an alternative to insurance certificates, the Vendor's insurer may voluntarily provide complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these specifications.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

GENERAL LIABILITY: Insurance Services Office’s Commercial General Liability occurrence coverage form CG 0001. Including, but not limited to Premises/Operations, Products/Completed Operations, and Personal & Advertising Injury, without exclusions or limitations unless approved by County Risk Management Office.

AUTOMOBILE LIABILITY: Insurance Services Office’s Commercial Automobile Liability coverage form CA 0001, auto coverage symbol “1” (any auto). If there are no owned or leased vehicles, symbols 8 and 9 for non-owned and hired autos shall apply. Personal automobile insurance shall apply if vehicles are privately owned.

WORKERS’ COMPENSATION: Statutory requirements of the State of California and Employer's Liability Insurance.

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

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

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at least follow form over the underlying insurance requirements where necessary for Commercial General Liability, Automobile Liability, Employers’ Liability, and any other liability coverage designated under the Minimum Scope of Insurance.

Minimum Limits of Insurance

Vendor 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:

General Aggregate: $2,000,000Products Comp/Op Aggregate: $2,000,000Personal & Adv. Injury: $1,000,000Each Occurrence: $1,000,000Fire Damage: $ 100,000

Building Trades Contractors and Contractors engaged in other projects of construction shall have their general liability Aggregate Limit of Insurance endorsed to apply separately to each job site or project, as provided for by Insurance Services Office form CG-2503 Amendment-Aggregate Limits of Insurance (Per Project).

2. Automobile Liability: Corporate/business owned vehicles including non-owned and hired, $1,000,000 Combined Single Limit. Privately 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. Professional Liability or Errors and Omissions Liability: $1,000,000.

Deductibles and Self-Insured Retention

Any deductibles or self-insured retention must be declared to and approved by the County. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the County, its officers, officials, employees and volunteers; or Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Claims Made Professional Liability Insurance

If professional 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 contract or the beginning of contract performance by Vendor.

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

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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 Vendor must purchase "extended reporting" coverage for a minimum of one (1) year after completion of the contract.

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APPENDIX “D” – RATES AND COMMISSIONS

Please provide a commission offer for the current collect and pre-paid collect rates listed below as Option #1; Vendor shall propose debit calling rates in Option #1. Vendor may propose an additional commission offer and alternative calling rates as Option #2. Vendor must detail all additional charges and fees that will be assessed for all collect, debit and pre-paid inmate telephone calls as well as the set up fees and depositing fees associated with pre-paid collect accounts. Failure to complete Appendix D may cause Vendor’s proposal to be rejected. The County at its sole discretion may choose to enforce penalties for any undisclosed fees charged. The County does not currently have debit or an inmate-based pre-paid program. Please be sure to include information on Vendor’s debit or inmate-based program in the RFP response.

OPTION #1 – CURRENT CALLING RATES

CALL TYPE 

COLLECT PRE-PAID COLLECTDEBIT AND/OR INMATE

BASED PRE-PAIDSurcharge Per Minute

RateSurcharge Per Minute

Rate Surcharge Per Minute

Rate

Local See Table Below

See Table Below

See Table Below

See Table Below

Intralata/Intrastate See Table Below

See Table Below

See Table Below

See Table Below

Interlata/Intrastate $3.79 $0.69 $3.79 $0.69

Interlata/Interstate $4.84 $0.89 $4.84 $0.89

International n/a n/a n/a n/aCollect Billing Fees: $Pre-Paid Collect Fees (funding, transaction and/or refund fees):

$

Commission Rate: % %  % 

Financial Incentive: $ MAG Payment: $

OPTION #2 – VENDOR-PROPOSED CALLING RATES

CALL TYPE 

COLLECT PRE-PAID COLLECTDEBIT AND/OR INMATE

BASED PRE-PAIDSurcharge Per Minute

RateSurcharge Per Minute

Rate Surcharge Per Minute

Rate

Local Intralata/Intrastate Interlata/Intrastate

Interlata/Interstate

InternationalCollect Billing Fees: $Pre-Paid Collect Fees (funding, transaction and/or refund fees):

$

Commission Rate: %  %  % 

Financial Incentive: $ MAG Payment: $

VENDOR NAME: ________

AUTHORIZED REPRESENTATIVE:

SIGNATURE: DATE:

TITLE: DATE:

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Mileage/Time of Day Band Table(Collect and Pre-Paid Collect)

LOCAL

Rate Mileage

Day Evening Night/Weekend

SurchargePer

Minute Rate

SurchargePer

Minute Rate

SurchargePer

Minute Rate

9999 $3.353 $0.0759 $3.3151 $0.0569 $3.2677 $0.0569

 

INTRALATA/INTRASTATE

Rate Mileage

Day Evening Night/Weekend

SurchargePer

Minute Rate

SurchargePer

Minute Rate

SurchargePer

Minute Rate

0-12 $3.353 $0.0759 $3.3151 $0.0569 $3.2677 $0.056913-16 $3.353 $0.0759 $3.3151 $0.0569 $3.2677 $0.056917-20 $3.353 $0.0759 $3.3151 $0.0569 $3.2677 $0.056921-25 $3.391 $0.1327 $3.3625 $0.1138 $3.3056 $0.085326-30 $3.391 $0.1327 $3.3625 $0.1138 $3.3056 $0.085331-40 $3.391 $0.1327 $3.3625 $0.1138 $3.3056 $0.085341-50 $3.4194 $0.1517 $3.372 $0.1233 $3.3341 $0.094851-70 $3.4194 $0.1517 $3.372 $0.1233 $3.3341 $0.0948

71-9999 $3.4479 $0.1991 $3.3815 $0.1422 $3.3625 $0.1422

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APPENDIX “E” – LETTER OF INTENT TO PROPOSE

Vendor shall complete and submit this form to indicate Vendor's intent to respond to RFP #7542 with a proposal. This form shall be sent to Lt. Gary Ilg via email at the contact information listed in Section 3 on or before the deadline listed in the Schedule of Events (please see Section 2). Vendor may withdraw its Letter of Intent to Propose at any time before the deadline for submitting a proposal.

*Submittal of a Letter of Intent to Propose, by the specified deadline, is not a prerequisite for submitting a proposal, but it is necessary to ensure a Vendor’s receipt of RFP amendments and other communications regarding the RFP.

Vendor Name: _____________________________________________________________

Name and Title of Vendor Main Contact:_____________ _____________________________

Email Address of Main Contact:_________________ _________________________________

Address of Vendor Main Contact:_________________________________________________________________________________

______________________________________ _______________________________________

Telephone Number of Vendor Main Contact: (__ _)___ ____________________________

Fax Number of Vendor Main Contact: (___ )_____________ ________________________

Signature______________________________________

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APPENDIX “F” – SITE EVALUATION FORM

This Site Evaluation Form must be completed and returned to Lt. Gary Ilg at Sacramento County Sheriff’s Department via email at the contact information listed in Section 3 on or before the deadline listed in the Schedule of Events (please see Section 2). Vendor shall receive confirmation regarding the site visit from The County.

        VENDOR NAME:

ADDRESS:

OFFICE TELEPHONE NUMBER: _____________________________________________

-------------------------------------------------------------------------------------------------------------------------Please provide the following information for the Vendor Representative that will be attending the Site Evaluation. Please refer to Schedule of Events in Section 2 for Site Evaluation dates.

Representative #1:

NAME:

TITLE:

OFFICE TELEPHONE NUMBER:

MOBILE NUMBER:

EMAIL ADDRESS:

DATE OF BIRTH:

Representative #2:

NAME:

TITLE:

OFFICE TELEPHONE NUMBER:

MOBILE NUMBER:

EMAIL ADDRESS:

DATE OF BIRTH:

NOTE: All Vendor Representatives attending the Site Evaluation will be required to provide proof of photo identification. Vendor representatives are subject to security clearance checks.

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