request for proposal rfp # 09-36 - san joaquin county

Commissary Services for County Jail and Honor Farm RFP 09-36 Wednesday, April 21, 2010 of 58

REQUEST FOR PROPOSAL

RFP # 09-36

COMMISSARY SERVICES FOR

COUNTY JAIL AND HONOR FARM

PROPOSALS DUE: WEDNESDAY, APRIL 21, 2010

2:00 PM, PDT

San Joaquin County Purchasing and Support Services

44 N. San Joaquin Street, Suite 540 Stockton, CA 95202-2931

BUYER: Jon Drake, 468-3250, [email protected]


TABLE OF CONTENTS

DESCRIPTION PAGE

KEY ACTION EVENTS ................................................................................................................ 3 SCOPE OF PROJECT ................................................................................................................. 4 RFP GRADING CRITERIA ........................................................................................................... 6 PROPOSAL REQUIREMENTS .................................................................................................... 9 QUALIFICATIONS ..................................................................................................................... 22 IMPLEMENTATION PLAN & SCHEDULE ................................................................................ 23 GENERAL PROPOSAL REQUIREMENTS ............................................................................... 24 IDENTIFICATION SHEET .......................................................................................................... 29 REFERENCES ........................................................................................................................... 30 PUBLIC CONTRACT CODE SECTION ..................................................................................... 31 SUBMITTAL OF PROPOSALS ................................................................................................. 32 PROPOSAL AUTHORIZATION SIGNATURE PAGE ................................................................ 34

ATTACHMENTS & EXHIBITS ATTACHMENT “A” – List of Commissary Products ......................................................... 35 ATTACHMENT “B” – Average Daily Population ............................................................... 46 ATTACHMENT “C” - Proposed Technology Equipment/System .................................... 47 ATTACHMENT “D” – Minimum Requirements of Proposed Technology ....................... 48 EXHIBIT “A” – Independent Contractor Contract ........................................................ 49


KEY ACTION EVENTS AND DATES

Listed below are the events and dates for this RFP. All dates are subject to revision. Event No. Description Date 1. Release of RFP Tuesday, March 9, 2010 2. Mandatory Pre-Proposal Conference/Site Tour 9:00 AM PDT, Wednesday, And Review of RFP March 24, 2010 3. Last day for Proposers to submit questions Close of Business, Friday, March 26, 4. Last day for County to answer questions Close of Business, Friday, April 9, 5. Proposal is due no later than: 2:00 PM PDT, Wednesday, April 21, 2010 6. Presentation of Top Proposers April/May 2010 7. Notification of Results May 2010 8. Estimated Date of Commencement July 1, 2010


SCOPE OF PROJECT PURPOSE: The County of San Joaquin is soliciting Request for Proposals (RFP) for its Sheriff Department. Prospective PROPOSERS are responsible for having full knowledge of this project and all issues affecting it. The successful Proposer will provide a full range of inmate commissary services and inmate accounting and banking software for an approximate population of up to 3,500 inmates. The state-rated capacity for the facility, as of January 2009, is 1,515. Recent experience suggests that the inmate population tends to range from 1,200 to 1,650. Any growth in inmate population will be the result of expansion in and around the existing facility. The COUNTY does anticipate that it will construct a new correctional facility. The 2007 Jail Needs Assessment suggests additional jail facilities to be constructed within San Joaquin County located on the current COUNTY Jail premises. It is anticipated the COUNTY will complete construction of the additional jail facility in 2013. Upon completion the new jail will be able to house an additional 1,280 inmates. The Sheriff is also seeking housing at an alternate correctional site within the COUNTY to house an additional 400 inmates. The COUNTY does not anticipate the inmate population will increase beyond a maximum of 3,500 inmates during the life of this contract. BACKGROUND: The San Joaquin County Sheriff’s Department currently provides its commissary services in-house by purchasing its commissary items from several different vendors. These services are provided by COUNTY civilian staff and inmate labor. The commissary software management system is a separate system from all other jail systems. Inmates housed in the San Joaquin County Jail are permitted to use money deposited into their personal inmate accounts to purchase personal care and snack food items. The profits generated from the sale of these items are deposited into the Inmate Welfare Fund. A. Inmates housed at the South Jail and Jail Core order commissary items once per week, utilizing

order forms currently color coded to identify which housing unit the order is to be delivered, and possible disciplinary or medical restrictions. These purchases are limited to $55 per week. Inmates housed at the Honor Farm may order commissary from the “store front” three (3) times a day, Monday through Friday. Honor Farm inmates also may order commissary two (2) times a day on Saturday and Sunday. Each transaction at the Honor Farm has a $30 limit on purchases. The funds to pay for these purchases are deducted from each inmate’s account. NOTE: No cash transactions are allowed.

B. Inmates housed at the South Jail and Jail Core fill out a commissary request form on a specific

day. The form is subsequently turned in to staff at the Distribution Center, who input the commissary selections into the computer, and an invoice is generated. On the scheduled delivery day, the commissary is pulled from the Distribution Center by civilian staff utilizing inmate labor. Each order is packaged in brown bags, and a copy of the invoice is attached to it. Deliveries are made to the respective housing units by civilian staff, after the inmate verifies the order for accuracy the inmate signs the invoice, see Section C – Schedule below.


C. Schedule:

Housing Unit Ordered Delivered 1 and 3 Thursday Monday

4,5, and 6 Friday Tuesday 7 and 8 Monday Wednesday

Medical, Shelter, Intakes 1 and 2 Tuesday Thursday Intakes 2, 3, and 4 Wednesday Friday

D. The commissary transactions at the Honor Farm are immediate. During established time frames

throughout the day the commissary “store front” is open to inmates to make purchases. The inmate will fill out a commissary request form, and take it with them to the “store front” window. At the time the commissary request is submitted to the “store front” the order is filled and the inmate receives their commissary product.

E. Attachment B provides the Average Daily Population figures for male and female inmates. F. Incoming Funds:

1. To increase an inmate account a third party must come to the Administration Building and pay funds to a member of the Sheriff’s Department. The funds are credited to the inmate account and deposits are made to the bank.

2. When an inmate is booked into the County Jail any monies are counted and noted as incoming property. The funds are credited to the inmate account and deposits are made to the bank.

G. Outgoing Funds:

Either cash or a check is given to the inmate upon their release, depending on the amount. H. Sick Call: If an inmate feels they must be seen by medical staff a request slip is completed and turned in to

the deputy in charge. This information is entered into a computer and forwarded to medical staff. An appointment is scheduled and the inmate may be seen.


RFP GRADING CRITERIA

Following the deadline for receipt of proposals, all proposals submitted will be analyzed and reviewed by a review panel consisting of representative(s) of the Sheriff’s Department and Purchasing Department. The RFP process: COUNTY reserves the right to negotiate a contract based on all factors involved in the written proposal without further discussion or interview. Proposals will be evaluated for cost and compliance with all requirements set forth in this RFP, including timely submission and provision of all documents requested; and for the following minimum requirements: SELECTION CRITERIA – CRITERIA FOR EVALUATION Mandatory requirements include:

1. Compliance with Proposal instructions 2. Compliance with general requirements for all contracts by governing bodies overseeing the

facility PROPOSER will be selected based on the written proposal and any requested presentations. The Selection Committee will review all proposals and make their recommendations for selection. The primary criteria used in making a selection will be as follows:

A. PROPOSER’S demonstrated experience and expertise in correctional facilities. Experience shall include current service in correctional facilities of similar size and volume, as well as experience of staff, district manager, transition team, and local and regional support network.

B. Past history and references. PROPOSER shall include a listing of references with their proposal, indicating facility locations, name, and telephone number of facility contact person. This list should contain at least five (5) current references, preferably of a size and service complexity comparable to San Joaquin County.

C. PROPOSER’S financial stability and condition D. PROPOSER’S development of an operating plan for commissary service that best meets

the stated objectives and needs of San Joaquin County. Include Quality Assurance plan and proposed staffing and personnel plan if necessary.

E. PROPOSER is capable of providing a full and diverse range of quality commissary items. F. The net financial return (net commission) to the COUNTY, without inflating the pricing to

inmates in order to provide a higher commission. Pricing is expected to be at local convenience store pricing. PROPOSER is to base their pricing, per item offered in the commissary, based on the current package size and weight. This information, for each item, must be included and detailed within the proposal submission.

G. A software program with maintenance support that effectively integrates with the current jail inmate management software for management of inmate commissary purchases.

H. PROPOSER to provide 3 (three) samples of each from Section E # 4 and Section F # 3 to be submitted with proposal at no cost to the County.

Evaluation: Proposals will be reviewed by the Selection Committee. PROPOSERS who are deemed, based on the selection criteria, fully qualified and best suited among those submitting proposals may be


requested to participate in discussion regarding their proposals. Discussion will cover cost, methods of operation, and all other relevant factors. Selection will be made on the basis of the proposals as submitted. The Selection Committee may deem it necessary to interview applicants. The COUNTY retains the right to interview applicants, and have them make presentations, as part of the selection process. The proceedings of the Selection Committee are confidential. Members of the Selection Committee are not to be contacted by the PROPOSERS. All communication between PROPOSER and the COUNTY shall be through Jon Drake. At the conclusion of discussions, the PROPOSERS will be ranked based on selection criteria, and final negotiations will be conducted with the PROPOSER ranked first. If a satisfactory agreement can be reached, the contract shall be awarded to the PROPOSER, otherwise, negotiations will be conducted with each subsequent PROPOSER until a satisfactory contract can be established or until the Selection Committee determines that rejection of all proposals is in the best interest of the COUNTY. The point system for evaluations will be as follows:

Item Category Total Possible Points

1 Demonstrates successful, relevant experience and credibility

10

2 Does the Proposal meet Proposal Requirements, including all implementation and execution

45

3 County’s Net Commission Return 30 4 Sample of each from Section E. #4 and Section F. #3 5 5 Client References 10 Total Points 100

Method of Award: The award will be made to the vendor whose proposal is determined to be professionally and technically complete. The selection process may, however, include a request for additional information or an oral presentation to support the written proposal; the price proposal will be considered firm and cannot be altered after receipt per the terms of this proposal, unless the COUNTY requests an additional financial proposal via a best and final offer. This does not imply a best and final offer opportunity will be available to the PROPOSERS. The COUNTY reserves the right to award this contract no necessarily to the PROPOSER with the lowest price, but to the PROPOSER that demonstrates the best ability to fulfill the requirements of the RFP. The successful PROPOSER will be chosen based on the qualifications and selection criteria discussed in this RFP. The successful PROPOSER shall commence work only after the transmittal of a fully executed contract and after receiving written notification to proceed from COUNTY. The successful PROPOSER will perform all services indicated in the proposal in compliance with the negotiated contract. COUNTY reserves the right to reject any or all proposals for any reason, whole or in part, received in response to this RFP. COUNTY will not pay for any information herein requested, nor is it liable for any costs incurred by the PROPOSER.


PROPOSERS who do not meet the mandatory requirements will be considered non-compliant and deemed non responsive. CONTRACT REVIEW: COUNTY and the Commissary Provider shall, within 30 days of execution of a contract, set dates through the scheduled contract termination date for quarterly review meetings between the COUNTY and the Commissary Service Provider personnel for the evaluation and amendment, if necessary, of the Contract. COUNTY and the Commissary Service Provider shall, within 30 days of execution of a contract, formulate a monthly report form that will establish the basis for the quarterly review sessions.


PROPOSAL REQUIREMENTS The PROPOSER shall deliver high quality commissary goods and services to the inmates of the Jail. The items shall be mutually agreed upon between the PROPOSER and the COUNTY. COUNTY is requesting each PROPOSER to submit proposals for the following options:

1. COUNTY will provide inventory storage, order filling, “bag in” service, delivery to the inmates and other commissary functions. COUNTY will oversee the commissary operations. PROPOSER will supply commissary product.

2. The PROPOSER will provide “bag in” service which would include order processing, order tracking, and inventory management. COUNTY will provide delivery to the inmates and delivery verification.

3. PROPOSER will provide entire commissary program, which would include order processing, delivery and tracking of each individual transaction.

A. Minimum Service Requirements:

1. Provide and deliver items mutually agreed upon between the contractor and COUNTY. Service must be efficient and done in an effective manner to insure the security of the Jail in maintained.

2. Prices, changes and substitutions to these items must be by mutual agreement. 3. Computers, computer software, printer, scanners, kiosks, web internet programs to be

provided, installed and functional within 3 months of contract agreement. 4. Computer software system to enable the Distribution Center to track orders for goods that

are stored in the warehouses. Track these orders by product and by inmate housing unit. 5. Enable inmates to directly request medical appointments through Kiosk input.

B. Product and Delivery:

1. Selected contractor must provide a price list to the COUNTY at initiation of the contract and every 6 months thereafter.

2. A price increase may be allowed for each period as the result of: a. Manufacturer or Supplier price increases in the product(s) offered b. Governmental or regulatory agency increases to the trade c. National Average Consumer Price Index (CPI-U) increases as published by the

United States Department of Labor d. Any request for a price increase must be substantiated with documentation from the

vendor, a manufacturer, supplier, or governmental agency and must be submitted in writing at least thirty (30) days prior to the effective date of the increase. Overall increases of greater than 3% from prior year prices will not normally be allowed.

3. Free delivery within five (5) working days of order placement by COUNTY. 4. Delivery schedule must be mutually agreed upon between the PROPOSER and COUNTY,

and may be subject to change. 5. No products delivered to inmates shall have an expired “sell-by” date 6. Food items shall be wrapped/packaged and dated for individual consumption.

a. All products must have nutritional value information. 7. Containers shall be made of non-breakable materials. 8. Consumable products shall contain no alcohol. 9. The PROPOSER shall not substitute items ordered by inmates. 10. All purchases delivered to inmates shall be free of contraband, as defined by the Custody

Division Policies and Procedures. 11. The PROPOSER shall maintain sufficient inventory levels at the PROPOSER’S location to

limit shortages and/or backorders. The PROPOSER’S qualifications to meet this


requirement will be evaluated based on the ability of the PROPOSER to handle the demands of commissary products ordered by inmates.

12. The PROPOSER will maintain a competitive retail pricing philosophy with regard to the retail sales price of the commissary items to the inmates (Subsidizing high commission rates with high product pricing to inmates is unacceptable).

13. The PROPOSER shall maintain an average order fill rated of 98% or better. After the initial two-month startup period, failure to maintain a minimum of 98% average fill rate during any six-month period shall be grounds for contract termination.

14. COUNTY reserves the right to set limits on commissary purchases by inmates. 15. All proposals must meet or exceed existing grades and quality of commissary products

being provided to the COUNTY and define: a. Attachment A provides a list of commissary items currently being supplied to the

COUNTY. PROPOSERS must include in their proposals a comparable list of items that will be offered, including pricing and size of item

b. Quality and inventory control methods and standards. C. Damages and Refunds:

The PROPOSER shall provide a method of handling damages and refunds efficiently. The PROPOSER shall issue a refund to the inmate’s financial account within forty-eight (48) hours of notification when:

a. An inmate is released from custody prior to receiving the order. b. An inmate is placed in disciplinary or administrative segregation prior to receiving

the order. c. Commissary items are damaged, opened, or missing prior to items being delivered

to the inmate. 1. PROPOSER must provide COUNTY with a method of returning products previously sold to

the COUNTY that become a security risk, due to inmates being able to change the products intended purpose. The PROPOSER must substitute, or credit, COUNTY for all unused products.

2. Replacement within five (5) working days of notification by COUNTY, of items delivered by PROPOSER in a damaged, spoiled, or stale dated condition.

3. Upon notification by COUNTY, the PROPOSER must replace any item delivered in a damaged, spoiled, or stale dated condition.

D. Delivery and Packaging:

For the purpose of this discussion, actual commissary shall be delivered to the South Jail and Core at least once a week. Actual dates, times, and packaging are subject to negotiation, and shall be expressed in the final contract. Commissary at the Honor Farm shall take place three (3) times per day, Monday through Friday; and two (2) times per day, Saturday and Sunday.

1. Each commissary order shall be packaged individually. There shall be a copy of the receipt

attached to each package so that the inmate’s data is clearly visible. 2. Commissary orders shall be grouped according to inmate housing units. Packaging shall

be clearly marked to reflect the name of the housing unit. The total weight of any single bag shall not exceed forty (40) pounds. The PROPOSER shall establish procedures for collection and removal of any items used to group and/or deliver commissary orders.

3. PROPOSER shall provide a “Purchase Statement” to COUNTY itemizing each individual sale by 8:00 AM on the specified delivery day. The Purchase Statement shall include the following information: Facility, housing unit, inmate name, booking number, purchase amount, origin of purchase (inmate or web page), totals by page, and a summary page of commissary purchased.


4. PROPOSER shall review, compare, balance, and adjust all sales activity no later than 2:00 PM on the next business day immediately following delivery to any facility.

5. Holiday Schedule: Jail observes twelve (12) legal holidays each year. PROPOSER and COUNTY shall adjust commissary orders and delivery schedules to accommodate the Jail’s holiday schedule. Holiday order and delivery schedules are subject to negotiation, and shall be expressed in the final contract. Holidays observed by COUNTY and individual Memorandums of Understanding for 2008 calendar year:

a. New Year’s Day b. Martin Luther King Day c. Lincoln’s Birthday d. President’s Day e. Memorial Day f. Independence Day g. Labor Day h. Admission Day i. Columbus Day j. Veteran’s Day k. Thanksgiving and Day After l. Christmas Day

E. Commissary Menu:

After the commissary list is mutually agreed upon, no additional items or substitutions are to be offered without the written permission of the COUNTY. PROPOSER shall supply three copies of its most current product listing of items available for sale through its commissary operations. A current commissary list is attached (Refer to Attachment B). PROPOSER must include current pricing for the commissary list.

1. PROPOSER shall have the ability to make categories of commissary products available for

purchase, including: hygiene products, stationary materials, ethnic products, snacks, food, games, personal care items, and clothing items.

2. PROPOSER shall be capable of providing menus and order forms for inmates based on the inmate’s housing location. Or, where kiosks are requested, PROPOSER shall be able to provide the hardware, software and support systems to accommodate commissary purchases.

3. PROPOSER shall have the ability to limit or prevent delivery of certain items based upon disciplinary or medical restriction.

4. PROPOSER shall make available for sale Hygiene Kits consisting of the following: a. 4 liquid soap .35 oz b. 1 short handled toothbrush c. 1 toothpaste .85 oz d. 1 pocket size comb e. Some housing units are allowed a razor

5. Hygiene Kits shall be sealed and sold as a single unit. 6. PROPOSER shall deliver a predetermined number of Hygiene Kits with each weekly

commissary order. The exact quantity delivered shall be subject to change periodically based on actual consumption.

7. PROPOSER shall list the charge for Hygiene Kits as a separate line entry on weekly invoices.

8. The cost of Hygiene Kits shall be listed in the PROPOSER’S proposal.


F. Indigent Goods:

PROPOSER shall accommodate inmates who are classified as indigent, and afford them the opportunity to obtain an indigent commissary pack once per week. 1. The COUNTY considers those inmates with less than two dollars ($2) on their inmate

account at the time of placing their commissary order to be indigent. 2. PROPOSER must have the capability of providing and tracking quantity/items obtained by

indigent inmates to ensure purchases do not exceed maximum allowed. 3. PROPOSER shall offer the following items in the indigent commissary pack in the quantities

indicated: a. 1 Bar soap 3.5 oz b. 1 short handled toothbrush c. 1 toothpaste .85 oz d. 1 golf pencil e. 2 legal size stamped envelopes f. 4 sheets of lined 8.5” x 11 paper g. 1 pocket size comb h. Razors allowed in some units

4. Indigent goods shall be listed in a separate section of the commissary order form or kiosk program, and shall have a unique product ID number. The same items may be made for sale to the general population, providing they are listed separately on the commissary order form or kiosk inventory, and given a different product ID number.

5. Indigent goods (those listed in the indigent section of the commissary order form or kiosk program) shall be sold only to qualifying inmates.

6. No funds shall be deducted from accounts of inmates who qualify for indigent goods, and who order those goods from the indigent section of the commissary order form.

G. Forms, Supplies, and Equipment:

The PROPOSER shall supply to the COUNTY all necessary forms, supplies, and equipment to execute this agreement.

1. Forms: The PROPOSER shall provide to the COUNTY all forms that are needed to order

Commissary. Commissary order forms shall have the ability to be scanned when marked with pencil, or ballpoint pen with blue or black ink. Commissary order forms should provide a means of identifying the inmate, the inmate’s housing unit, available products, the unit price of each item, and the quantity to be ordered.

2. Equipment: The PROPOSER shall provide, at the PROPOSER’S expense, all equipment that is needed to process commissary orders. This shall include, but not be limited to, scanners, modems, telephone lines, kiosks, computer hardware, computer software, etc.

3. Automated Scanner: Scanners shall be automated and equipped with form auto-loaders to minimize attendance by staff during the scanning and file transfer processes.

4. Maintenance and Repair: The PROPOSER shall provide on-site repair and/or replacement of all equipment supplied by the PROPOSER under the terms of this agreement. The PROPOSER shall repair or replace failed equipment within twenty-four (24) hours of notification, but no less than twelve (12) hours prior to the next scheduled commissary order, whichever is later. When equipment fails prior to the completion of a commissary order, that equipment shall be repaired or replaced within twenty-four (24) hours.

H. Consumables:

The PROPOSER shall provide all consumable supplies required for equipment provided by the PROPOSER. The PROPOSER shall make available to the COUNTY a sufficient quantity of


consumable supplies to ensure uninterrupted operation of Inmate Commissary Services activities.

I. Accounting Interface:

The PROPOSER, at the PROPOSER’S own expense, shall develop software interfaces between the County’s Jail Management Software System (CJIS) and the PROPOSER’S hardware and software as may be required to successfully implement Inmate Commissary Services. These interfaces shall include all actions and/or transactions needed to accurately update individual inmate accounts to reflect purchases and refunds. Inmate accounts shall be updated within 12 hours of PROPOSER’S receipt of order.

J. Software Specifications:

The PROPOSER’S proposed software must meet the following qualifications:

The PROPOSER must own, write, and support their software with no third party involvement including contract employees. The software should be written in a relational data base. Software shall use open architecture and standard Windows based operating systems. Access to the data base should be limited to PROPOSER’S support personnel to protect the integrity of the data structure and accounting principles. The PROPOSER will work with County ISD and Sheriff’s Department personnel to ensure compatibility of PROPOSER’S system and COUNTY systems and a smooth conversion. The PROPOSER must provide a statement indicating that they employ all programming and technical support staff to support the enclosed project at one of the PROPOSER’S offices in the United States. The PROPOSER will include the number of years providing inmate banking software and the number of current clients with the software installed. The software application shall be SOA compliant and compatible with Oracle SOA Suite 10.1.3 or higher. To be compatible with Oracle SOA Suite, the application must support web services standards and/or use. It must have a JDBC compliant database. Oracle or SQL Server are the required databases for this application. The software application shall provide a module for web services management for the interface for development, test and production rollout purposes. All data sent from current CJIS to the software application will be in CJIS format and data conversion would be performed on the software application. Also the data sent to CJIS from the application will be in CJIS format. PROPOSER will address the following items in their response: 1. Software Development History 2. Full time programming staff employed by the PROPOSER dedicated to the proposed

software solution 3. Software Support Staff for the San Joaquin Sheriff’s Department 4. Conversion and Implementation plans 5. Onsite Data Backup procedures 6. Secure Offsite Data Backup procedures. The PROPOSER must provide the information on

how this is handled by the PROPOSER. 7. A description of the proposed technology equipment/systems including all software and

hardware, as it will be finally configured within three (3) months of signing the contract. Attachment C: Provides a list of the proposed technology equipment systems.


8. The description shall specify how the proposed equipment/system will meet or exceed the minimum requirements of the COUNTY and shall explain any advantages this proposed equipment/system would have over other possible equipment/systems.

Attachment D: Provides the minimum requirements of the proposed equipment/systems.

a. The jail management system is currently operated through Scott Information Systems.

b. Computer programs and software must be compatible with and interface with current jail management system.

c. An independent server will be utilized to accommodate Lobby Kiosks and the internet. Access must be virtualized.

9. PROPOSER will be responsible for setting up computer technology equipment/systems and

ensure that system is operating to the COUNTY’S satisfaction within three (3) months of signing contract.

10. PROPOSER will supply the necessary computer technology equipment/systems, which will allow the inmates to use Scantron form, and in-house scanner to place commissary orders.

11. PROPOSER will provide training, at no cost to the COUNTY or to the inmates, in English/Spanish on how to complete a Scantron form. This may be in the form of wall charts for each housing area or a training DVD in English/Spanish at the completion of implementation.

12. PROPOSER will provide, at no cost to COUNTY, training to staff on how to use all computer software associated with commissary.

13. PROPOSER’S computer software/hardware product shall be fully automated to look at the inmate trust account balance and immediately adjust each individual inmate account balance to reflect both commissary sales and deposits.

14. PROPOSER will not sell commissary to an inmate in excess of the inmate’s cash balance on in excess of the total dollar sales limits imposed by COUNTY.

15. PROPOSER will accept orders for inmate commissary and accept deposits to inmates trust accounts, via their Internet Web Page and Lobby Kiosks. Deposits will be posted immediately; commissary orders will be posted and delivered on the regularly scheduled delivery dates as determined by the PROPOSER and COUNTY. Refunds to inmate’s accounts will be handled in the same fully automated manner.

16. PROPOSER will deposit daily to the Inmate Trust Account, at the bank specified by COUNTY, all deposits and sales revenue received from the lobby kiosks and the Internet Web Page. PROPOSER will notify COUNTY of all such deposits immediately via electronic transmission.

17. PROPOSER will fill orders for inmates who have sufficient funds to purchase what they have ordered. PROPOSER will adjust downward inmate orders that are more than the maximum allowed or who do not have sufficient cash to purchase their entire order. PROPOSER will accomplish this by deleting items in the reverse order listed by the inmate, e.g., item #10 will be deleted first, item #9 will be deleted second, etc.

18. PROPOSER shall outline warranty specifications and term of warranty for proposed systems and equipment.

19. The description of the proposed technology equipment/systems shall include any disadvantages or limitations that the COUNTY should be aware of in evaluating the proposal.

20. PROPOSER shall provide protocols, guidelines, and operational procedures, for maintenance and repair of equipment/systems, including computer hardware and software applications installed at the COUNTY facilities for the delivery of services.

21. PROPOSER must also include a statement detailing experience operating this equipment./system in a similar correctional or institutional environment.


K. INMATE ACCOUNTING SOFTWARE REQUIREMENTS (Mandatory):

The following are the mandatory specifications that will be required of the proposed inmate accounting software. The system must contain all of the requirements and system features that are outlined below. These must currently exist in the inmate accounting software at the time of proposal submission for the proposal to be considered. The proposed inmate accounting software should provide accurate, cashless accounting of all inmate monies, expenses, and purchases. At a minimum, it must contain all of the features and reporting included in the request for proposal. This includes the following software features:

1. General Ledger with automatic dual accounting posting 2. General Ledger reporting for all ledger accounts 3. Date specific reports for all ledger accounts 4. Provide a Trial Balance to be run at any time 5. Fiscal Year maintenance with End of Month reporting 6. Allow Year End fiscal adjustments to be entered prior to closing the Fiscal Year 7. Checkbook reconciliation with multiple checkbook capabilities 8. Inmate bail module with reports section 9. Inmate receivables module with reports section 10. Inmate account module with reports section 11. Automatic check writer with MICR Check writing 12. Positive pay module to transmit check information to the bank 13. Provide an automatic checkbook reconciliation module 14. Receivable invoicing with complete account receivable module and reporting to include

an invoice generated at release and the ability to generate an invoice that fits a standard window envelope. Allow for an invoice to be generated at both release and at a facility defined time. Said invoice with fit a standard window envelope

15. Provide a multiple-release module to release a group of inmates on the same check with appropriate report

16. Commissary inventory module with reports section 17. Inmate Property module with reports section 18. Indigent module which includes the ability to rotate up to ninety-nine (99) indigent packs

individually for each inmate based upon monetary and time criteria to be determined by the facility

19. Allows debt to be collected based upon a percentage of incoming funds to be determined by the facility

20. Allows collected funds to be applied to debts either by priority, percentage, or both as defined by facility

21. System must always be in balance within the General Ledger 22. Provide reports on cash drawer balancing and balance history 23. Provide reports on commissary orders, order rejection, commissary sales, both detail

and summary, and by item by inmate and products offered. 24. Provide reports of frozen inmate accounts or accounts with administrative holds or other

facility designated restrictions 25. Provide account summaries (both individual and facility) including transaction history 26. Provide Escheating/Reclamation of checks automatically in the system 27. Provide reports on all checkbook activity by operator defined criteria 28. Provide reports based on user definable date time periods 29. Allow accounts to be closed with a facility defined minimum balance not to be paid to

the resident 30. Produce Inactivity Maintenance to include reporting and reclamation of monies 31. Provide Inmate Intake and Release reporting 32. Allow multiple checkbooks to be set up in the software 33. Allow multiple profit accounts to be maintained within the software


34. Provide facility and operator log reports 35. Provide the ability to perform automated group charges by facility designated criteria 36. Allow classification of inmates for the purpose of precluding charges being made on

those accounts 37. Allow assignment of a facility designated permanent number to each inmate 38. Allow reports to be run on both the permanent number and booking number for each

inmate 39. Allow the primary booking number to be modified when errors occur in inmate

identification 40. Allow a stored signature to decrease paperwork involved with resident accounting 41. Allow funds to be transferred from one resident account to another by authorized

personnel 42. Allow specific deductions to be assigned to individual accounts with an automatic

collection per facility designated criteria 43. Allow the generation of a log on intakes and releases for a period of time 44. Allow the input of resident address and phone contact information for the purposes of

generating invoices and receiving payments for debt after resident release 45. Banking software must allow resident releases to be done by cash, credit, or debit card,

or a combination of the above as determined by the facility 46. Software must contain the ability for COUNTY to implement an automated

Grievance/Request program through a housing unit kiosk 47. Access to the kiosk bust be through a biometric fingerprint system 48. System must be capable of integrating to the inmate phone provider to allow for debit

calling by the inmate using their own funds 49. Software must contain the ability for COUNTY to implement a debit card release

program 50. Software must have its own phone ordering module 51. Software must interface with facility to allow inmates to initiate Sick Call request

L. Electronic Resident Deposit Services (Mandatory): PROPOSER will describe any automated resident payment options which may be available to the facility. This should include literature, service requirements, and detail any costs to the COUNTY. PROPOSER must provide at least two automated payment options which do not utilize PROPOSER’S own website or card processing company to ensure a competitive environment for those persons utilizing this service. The proposed payment options must be fully integrated with the resident banking software owned, written, and supported by the PROPOSER. PROPOSER will be required to provide at least ten (10) references where these are currently installed in a correctional setting.

M. Debit Calling (Mandatory):

PROPOSER must describe in detail the capabilities of the proposed system to implement debit calling to interface with the current inmate phone provider. PROPOSER shall describe in detail how the process works which shall include, at a minimum, the ability to electronically send inmate funds to the inmate phone provider and to return any unused funds to be included in the inmate’s release check or debit card. PROPOSER will provide information regarding how other facilities have implemented this program and list at least five sites. The interface to the phone provider should be in “real time: when the request to move dollars to the phone system is processed and should utilize XML messaging services.


N. Debit Card Release Service (Mandatory):

Software must have the option to release by cash, check, or debit card, or any combination of all three. Software program must properly account for the debit card releases and provide automatic posting of information to the card provider. PROPOSER is required to provide outline of costs to COUNTY and the inmate in their response.

O. Automated Self-Service Solutions (Mandatory):

PROPOSER shall list any self-service solutions that they have to offer and detail any costs that are associated with this service. PROPOSER will provide quantitative information on the impact the proposed solution will have on the facility. The solutions must be funded through the convenience fee that the depositor pays. PROPOSER must provide at least two companies that accept payments electronically to be posted to inmate accounts to ensure a competitive fee structure.

1. PROPOSER must include a self-service Lobby kiosk device that will handle cash, credit and

debit card transactions. The COUNTY would prefer the provided unit be able to record the image of those persons that make credit card transactions. The facility will not be responsible for the handling of cash, credit, or debit transactions. The device must be integrated with PROPOSER’S own inmate banking software and transactions posted in real-time and not by a batch file. The fee for cash must be $3.00 or less. COUNTY reserves the right to waive this fee for transactions under $15.00. PROPOSER will be required to provide at least ten (10) references where these are currently installed in a correctional setting.

2. PROPOSER must include a self-service Booking kiosk that will handle cash and coin. The unit must be integrated with PROPOSER’S own resident banking software and transactions posted in real-time and not by a batch file. Place a kiosk station en each of the lobbies in the 24-hour Lobby, Booking and Release Center, and Honor Farm. PROPOSER will be required to provide at least five (5) references where these are currently installed in a correctional setting.

P. License to Software:

Upon successful completion of the contract term, COUNTY will be granted a non-exclusive license to the proposed inmate banking software provided by PROPOSER. This will insure the continuity of inmate accounting history and reporting and is a mandatory requirement.

Q. Reports and Invoices:

PROPOSER shall provide two (2) copies of the order receipt attached to the commissary purchase bag. The order receipt should contain at a minimum the following information:

1. Date order was placed 2. Inmate full name, identification number, housing unit identity 3. Beginning balance of inmate account 4. A listing of all items included in the order shall include product ID, product description,

quantity, unit price, and total price 5. Inmate order receipt shall list items that are subject to State and local sales tax 6. Inmate order receipt shall list, as a separate line item entry, the total State and local sales

tax charged to the inmate 7. Grand total (sum lf all purchases) 8. Ending balance of inmate account


9. Listing of all items ordered but not received. Listing should include product description, quantities ordered, and reason for non-delivery (out of stock, discontinued, etc.)

10. A dedicated space where the inmate can sign and date to acknowledge receipt of the order and any discrepancies

R. Invoice:

PROPOSER shall submit an invoice after each commissary order has been delivered. Invoice shall be sent to:

San Joaquin County Sheriff’s Department 7000 Michael Canlis Blvd. French Camp, CA 95231-9781

Invoices shall include, but not be limited to, the following: 1. PROPOSER’S unique invoice number, order date, delivery date, invoice date, order fill rate,

and invoice amount. 2. Attached to the invoice shall be a listing, sorted by inmate name of all items delivered in the

order. At a minimum, listing will include inmate’s name, date number, product ID, product description, quantity delivered, unit price, total sales tax, and total price.

Electronic Invoice: After each order is received by PROPOSER and shipped to COUNTY, PROPOSER shall send, via e-mail, a data file listing the results of the order. The data file shall be fixed-width ASCII text and include the following elements for each item ordered: order date, inmate identification number, inmate’s full name, product ID, product description, quantity ordered, quantity shipped, unit price, total sales tax, and reason for non-delivery. On the fifth day of every month the following reports shall be sent via e-mail.: 1. Summary Report: The summary report shall include gross sales, cost of sales, net sales,

quantity sold, sales tax, and taxable sales on which the sales tax is based. 2. Detail Report: For each item ordered the detail report shall include order date, inmate

identification number, inmate’s full name, product ID, product description, quantity ordered, quantity shipped, unit price, total sales tax, and reason for non-delivery.

On the fifth day of every year a summary report from the previous year shall be sent via e-mail. The summary report shall include gross sales, cost of sales, net sales, quantity sold, sales tax and taxable sales on which the sales tax is based.

S. Distribution Center:

The Distribution Center receives goods ordered by all San Joaquin Sheriff’s Department Divisions, and ships some goods directly to the requesting divisions. These goods are paid for by the requesting divisions. Other goods are paid for by the Custody Division, stored in a warehouse, and shipped to divisions upon their request. The computer software system will be relied upon to help assure that stocks of needed items are always present in the warehouse. The system will also act as a tool to prevent over ordering of goods which would tie-up COUNTY funds in inventory.


When Sheriff’s Department Divisions request goods that are stored in the warehouse, they reimburse the Custody Division for the cost of these goods. A monthly detailed bill shall be generated by the system for each division that bought goods from the Distribution Center. Orders for goods stored in the Distribution Center that come from units within the Custody Division need to be serviced and tracked. Tracking these orders by product and by inmate housing unit will permit comparison of costs to operate different housing units and will strengthen budgetary controls. The computer system described here is intended to permit efficient order processing, meaningful sales reports, timely product ordering from PROPOSERS and useful accounting reports.

T. Internet Web Page

The PROPOSER shall develop, implement, maintain, and operate an Internet Web Page that will accomplish the following: 1. Offer all approved commissary products and prices for sale and delivery to inmates in

COUNTY facilities. 2. Allow inmate family and friends to deposit monies to inmate trust bank account on-line using

ATM/Credit Cards. 3. Offer Specialty Packages for sale and delivery to inmates for holidays, i.e. Christmas,

Mother’s Day, Father’s Day, Easter, birthdays, etc. 4. Print an Order Receipt 5. Have a built-in electronic system that signals the contractor’s office directly when

malfunctions occur, with 24/7 repair/maintenance capabilities 6. Provides daily, weekly, and monthly usage and sales activity reports to the COUNTY 7. English/Spanish language selection 8. Easy to use, clear, concise, and user friendly

U. Kiosks All kiosks shall:

1. Offer all approved commissary products and prices for sale and delivery to inmates in COUNTY Sheriff’s Department facilities.

2. Be able to address any disciplinary or medical restrictions in place. 3. Allow inmates to request medical appointments directly to medical staff 4. Allow inmate families and friends to deposit monies to inmate trust bank accounts using

ATM, credit cards, and cash. 5. Offer Specialty Packages for sale and delivery to inmates for holidays, i.e. Christmas,

Mother’s Day, Father’s Day, Easter, birthdays, etc. 6. Incorporate Touch Screen Technology 7. Print an Order Receipt 8. Be tamperproof 9. Have design and construction approved by COUNTY 10. Have a built-in electronic system that signals PROPOSER office directly when malfunctions

occur, with 24-7 repair/maintenance capabilities. 11. Be ADA compliant 12. Offer English/Spanish language selection 13. Be easy to use, clear, concise, and user friendly 14. Provide daily, weekly, and monthly usage and sales activity reports to COUNTY


Placement of Kiosks:

1. Place one (1) computer kiosk station in each of the lobbies in the Main Jail, Jail Core, and Honor Farm where families and friends can access the web page, place orders and deposit monies to inmate bank account using their ATM, Credit Card, or cash.

a. Jail Core and Honor Farm kiosks able to issue debit cards at time of inmate release

from custody 2 Place one (1) kiosk in the Pre-Book Lobby

a. Accept money from arresting officer b. Create inmate account at this time

3. Place one (1) kiosk in each housing unit where inmates can:

a. Place commissary orders b. Access court dates c. Request medical/dental appointments d. View financial balances e. View scheduled visits

V. Inmate Trust Account Banking System

PROPOSER to describe their Inmate Trust Account Banking System software and hardware, as it would be applicable to COUNTY operation if the department were to utilize the PROPOSER’S system. Describe how your systems would interface with other components to make a complete system, i.e. Internet Web Page, and Lobby Kiosks. PROPOSER will deposit daily to the Inmate trust Account, at the bank specified by COUNTY, all deposits and sales revenues received from the lobby kiosks and the Internet Web Page. The PROPOSER will notify COUNTY of all such deposits immediately via electronic transmission. PROPOSER will outline warranty specifications and term of warranty for proposed systems and equipment. Sales tax shall meet all local and state guidelines.

W. Commissions

Commissions are paid to the Inmate Welfare Fund within thirty (30) calendar days of the close of each accounting month with the following stipulations: 1. Commissions are paid on “Net Sales.” Net Sales is defined as:

a. All gross sales income derived from the sale of commissary services and products to

the inmates of San Joaquin County Sheriff’s Department. This includes all Internet Sales, and all Advertising Revenues specific to the internet web page, and lobby kiosks.

b. Does not include revenue from the sale of non-commissionable items such as U.S. Postage Stamps, hygiene products, and OTC medications, as listed in Attachment A: List of Commissary Products.

c. Does not include Sales Tax.


2. Each Proposer will indicate the commission rate and include

a. PROPOSER’S company name b. Date c. Commission rate expresses as a percentage of Net Sales as defined in Section S,

part 1, above. d. Signature and Title

X. Special Conditions

COUNTY has the ultimate and ongoing authority and control over the establishment, maintenance, and operation of commissary services to inmates. COUNTY has the ultimate and ongoing authority as to the setting of prices for any and all items to be provided to inmates under this contract through commissary services. No price of any item to be provided to inmates under this contract through commissary services may be set and or changed without the express written approval of the COUNTY. PROPOSER acknowledges and accepts that COUNTY is not obligated to make any payments to PROPOSER under this contract for PROPOSER’S services performed hereunder. However, COUNTY shall transmit the inmates’ payments to PROPOSER for commissary services purchased by inmates

Y. Audits

COUNTY, State, or United States Governments may audit the records of the PROPOSER. Any audit required shall be submitted to COUNTY by the PROPOSER within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months after the termination date of this contract. If such audit(s) show that inmates’ payments transmitted by COUNTY exceed the allowable costs that have actually been incurred by the PROPOSER under this contract, the PROPOSER shall pay to the COUNTY within 30 days of demand by COUNTY any excess amount.

Z. References

Submit information that demonstrates the PROPOSER’S experience and ability to provide, maintain, and manage the computerized information systems including hardware and software necessary to meet technological requirements detailed in this requirement. Provide the name, title, EMAIL, local business office address of the PROPOSER’S Account Manager responsible for the daily operation of the PROPOSER’S services provided at COUNTY, and a brief resume detailing their experience managing inmate commissary operations similar in size and scope. Include all key people who will support the PROPOSER’S local operations and the role they will have in the delivery of services under this proposal.

AA. Term of Contract

The initial term of the contract will be three (3) years, with an option to renew for two (2) additional one (1) year terms upon mutual written agreement and there after month to month. Termination: Either party may cancel this Agreement on 60 days written notice.


QUALIFICATIONS The PROPOSER must be organized for the purpose of providing institutional services, and must have previous experience with proven effectiveness in administering large scale wholesale services, one of which must be in the State of California. The PROPOSER will provide the following:

1. A narrative description of how the contractor will deliver the requested services. 2. Name and address of the contractor’s facility where commissary orders will be packaged. 3. Names and qualifications of personnel to be assigned to this project. 4. Outline or recent projects completed that are directly related to this project. PROPOSER is

required to demonstrate specific design and project expertise relating to the requirements of the Project Scope.

5. Qualifications of consultants, subcontractors, or joint venture firm, if appropriate. 6. The contractor must provide security procedures, to prevent the introduction of contraband

into our facility. Specifically, plant/facility, packaging, transportation and employees. 7. The contractor must provide protocols, guidelines and procedures for inmate/customer

complaint resolution.


IMPLEMENTATION PLAN AND SCHEDULE PROPOSER will provide a detailed implementation plan for all equipment/systems and services, including specific dates, times and access requirements for installation. Discuss the time frame necessary to complete the plan review once the contract is awarded. Include a discussion and detailed list of any requirements the PROPOSER will have of the COUNTY to provide equipment space, utilities, cables, phone service, internet access, etc. Describe the organization and staffing to be used for the project.


GENERAL PROPOSAL REQUIREMENTS

1. CONTRACTOR RESPONSIBILITIES:

All procedures and services must be in compliance with all Federal, State, and County Local Laws and Regulations. The PROPOSER will provide all computers, lobby kiosks, housing unit kiosks, internet connections, hardware and software for a fully operational system.

2. SUBMITTAL FORMAT:

A. Forms to be included in your response are listed below:

a. Identification Sheet b. W-9 c. Licenses / Certifications as required d. References e. Non-Collusion Affidavit f. Proposal Authorization Signature Page g. One (1) copy of proposal clearly marked “ORIGINAL” and three (3)

copies clearly marked “COPY” and 1 CD.

B. Proposal pricing shall be valid for a minimum of 90 days from opening of RFP. C. Costs of preparation of proposals will be borne by PROPOSER. D. It is preferred that all proposals be submitted on recycled paper, printed on two sides

and no more than 50 pages. E. Selection of qualified PROPOSERS will be by an approved COUNTY procedure for

awarding professional contracts. F. This request does not constitute an offer of employment or to contract for services. G. COUNTY reserves the option to retain all proposals, wholly or in part, received by

reason of this request. H. County reserves the option to retain all proposals, whether selected or rejected. I. COUNTY reserves the right to award the contract to the PROPOSER who presents

the proposal which in the judgment of the COUNTY best accomplishes the desired results, and shall include, but not be limited to a consideration of the professional services fee.

3. FEES AND INSURANCE:

A. Propose total fixed fees to complete project as described under Project Scope

B. The selected PROPOSER will be required to provide insurance coverage in the amount of $1,000,000.00 General Liability Insurance. This amount of insurance coverage shall be reflected in your estimated professional fee.

C. PROPOSER shall provide within five (5) days after the Notice of Award is issued a

certificate of Liability Insurance naming the COUNTY and its employees and officers as additionally named insured. This shall be maintained in full force and effect for the duration of the contract and must be in an amount and format satisfactory to the COUNTY.


D. Indemnification: PROPOSER shall defend, indemnify and hold harmless the County, its officers and employees from all claims, demands, damages, costs, expenses, judgments, attorney fees, liabilities or other losses that may be asserted by any person or entity, including Contractor, and that arise out of or are made in connection with the acts or omissions, relating to the performance of any duty, obligation, or work hereunder. The obligation to indemnify shall be effective and shall extend to all such claims and losses, in their entirety, even when such claims or losses arise from the comparative negligence of the County, its officers and employees. However, this indemnify will not extend to any claims or losses arising out of the sole negligence or willful misconduct of the County, its officers and employees.

The preceding paragraph applies to any theory of recovery relating to said act or omission by the Contractor, or its agents, employees, or other independent contractors directly responsible to Contractor, including, but not limited to the following:

1. Violation of statute, ordinance, or regulation. 2. Professional malpractice. 3. Willful, intentional or other wrongful acts, or failures to act. 4. Negligence or recklessness. 5. Furnishing of defective or dangerous products. 6. Premises liability. 7. Strict liability. 8. Inverse condemnation. 9. Violation of civil rights 10. Violation of any federal or state statute, regulation, or ruling resulting in a

determination by the Internal Revenue Service, California Franchise Tax Board or any other California public entity responsible for collecting payroll taxes, when the Contractor is not an independent contractor.

It is the intent of the parties to provide the County the fullest indemnification, defense, and “hold harmless” rights allowed under the law. If any word(s) contained herein are deemed by a court to be in contravention of applicable law, said word(s) shall be severed from his contract and the remaining language shall be given full force and effect.

4. SAN JOAQUIN COUNTY RESPONSIBILITIES:

A. Provide facility space, electrical utilities as necessary for mutually agreed technology

applications such as computer hardware installation in the lobbies.

B. Provide, at no cost, the products necessary to distribute indigent inmate orders for indigent inmates as approved by COUNTY.

5. SPECIFICATIONS CHANGES:

COUNTY may, during the proposal period, advise the Proposer in writing of additions, omissions, or alterations in the specifications. Changes shall be included in the RFP and become part of the specifications as if originally submitted.


6. AMENDMENTS: No one is authorized to amend this proposal in any respect, by an oral statement, or to make any representation or interpretation in conflict with the provisions of this RFP. If necessary, supplementary information in addendum form will be prepared and posted on the “Purchasing Open Bids” website. It is the PROPOSER’S responsibility to obtain, sign and submit all addendum(s) for the RFP at:

http://www.sjgov.org/supportserv/openbids.aspx

Failure of Proposer to not submit signed addendum(s) with their proposal shall be cause for rejection.

Any exceptions taken to this RFP shall be clearly stated in writing.

7. RFP WITHDRAWAL:

Any Proposer may withdraw their proposal, either personally or by written request, at any time prior to the date and time due.

8. RIGHT TO REJECT PROPOSALS:

COUNTY reserves the right to reject any and all proposals, or any part of a proposal; to waive minor defects or technicalities; or to solicit new proposals on the same project or modified project, which may include portions of the original RFP document, as the COUNTY may deem necessary and in its best interest. False, incomplete or unresponsive statements in connection with a submitted proposal may be sufficient cause for rejection. COUNTY will be the sole judge in making such determinations.

9. EXAMINE SPECIFICATIONS: Proposer shall thoroughly examine and be familiar with the specifications herein. Failure or omission of any Proposer to receive or examine any form, instrument, addendum or other document, or become acquainted with existing conditions, shall in no way relieve Proposer from any obligations with respect to PROPOSER’S offer or to the contract. Submission of a proposal shall be taken as prima facie evidence of compliance with this section.

10. SITE INSPECTION:

Proposers shall have examined the work sites, and shall be responsible for having acquired full knowledge of the job and of all issues affecting it. No variations or allowances from the contract sum will be made because of lack of such examination.

11. ALL RFP DOCUMENTS PART OF FINAL CONTRACT:

Any RFP documents, letters and materials submitted by the Proposer shall be binding and included as part of the final contract. Unauthorized conditions, limitations or provisions attached to proposals may cause its rejection.


12. EXCEPTIONS:

Any exceptions to this RFP must be stated in your proposal. It is otherwise assumed that the wording within this document is acceptable and agreed to by the Proposer.

13. RESULTING CONTRACT:

Through the RFP process, COUNTY reserves the right to negotiate a contract based on all factors involved in the written proposal without further discussion or interview.

The performance of the contract resulting from this proposal shall be governed, construed and interpreted according to the laws of the State of California.

Terms and Conditions of a resulting contract shall be those of Exhibit A “Sample Contract”. Any contentions must be submitted with your RFP.

14. SAN JOAQUIN COUNTY GREEN PURCHAISNG POLICY:

San Joaquin County has a Green Purchasing Policy, please click on the link to view.

http://www.sjgov.org/SupportServ/dynamic.aspx?id=10128

15. NOTICE:

Any notice, demand, request, consent approval or communication that either party desires or is required to give the other party shall be in writing and either serviced personally or sent by pre-paid first-class mail, or the equivalent thereof by private carrier. Any such writing shall be addressed to County of San Joaquin, Purchasing Department, 44 N. San Joaquin Street, Suite 540 Stockton, CA, 95202-2931, Attention: Jon Drake, RFP 09-36.

16. BASIS OF SELECTION AND CONDITIONS:

The responsiveness, competency and responsibility of Proposer and of their proposed subcontractors will be considered in making the award of contract. Any Proposer before being awarded a contract may be required to furnish evidence satisfactory to the County that Proposer and their proposed subcontractors have sufficient means and experience in the type of work called for to assure completion of the contract in a satisfactory manner. The County reserves the right to reject the proposal of any Proposer as not responsible and not qualified to do the particular work under consideration who have previously failed to perform properly or to complete on time contracts with the County of a nature similar to this project. Other factors that may be considered by the County to determine a responsible proposal and the overall capability of the Proposer to satisfactorily complete the work under consideration may include, but are not limited to: insufficient experience, experience on other public projects, experience doing the same type of work, length of tenure and capacity with bonding or insurance company, financial stability, and whether a Proposer has been terminated on other projects.


A responsive proposal is one that meets all terms, conditions, and specifications of the RFP. The bid must comply with the content requirements of the RFP documents. The Proposer must perform and do what the RFP documents and contract required and said they must do, whether it be pricing in a certain way, attending a mandatory pre-bid conference, providing bonds, etc. Other examples where a proposal might be declared and found to be non-responsive include:

• Proposal is substantially incomplete • Proposal is not signed • Proposal is delivered late • No acknowledgement of critical addenda • Significant discrepancies appear in the response

A responsive proposal conforms to RFP specifications. However, a proposal which substantially conforms, though not strictly responsive, to a call for proposals may be accepted if the variance cannot have affected the amount of the proposal or given a Proposer an advantage or benefit not allowed other Proposers or, in other words, if the variance is inconsequential. The County reserves the right to reject any and all proposals or alternatives and waive any informality or irregularity in the proposals or in the bidding, and to determine responsiveness and responsibility of Proposer, including but not limited to those areas mentioned above.


IDENTIFICATION SHEET

RESPONDENT TO COMPLETE AND RETURN WITH PROPOSAL FOR RFP 09-36 COMMISSARY SERVICES FOR COUNTY JAIL AND HONOR FARM Type or print the following information: Company: Address: (City) (State) (Zip) Name: Title: E-mail: Telephone: ( ) Fax: ( ) Years in business: Number of employees: Name of Insurance carriers: Public Liability: Expires: Workers’ Compensation: Expires: Federal Tax Identification Number: _________________________


REFERENCES

SIMILAR CONTRACTS/RFPS PERFORMED: List below contracts under which the Proposer has provided similar services during the past three (3) years.

PROPOSER’S financial stability, technical and support capabilities will be verified through reference checking, which may include site visits and contact with other clients or vendors.

FIRM NAME: _______________________________________________________

ADDRESS: __________________ _____________________________________

PHONE NUMBER: EMAIL: CONTACT PERSON: ________________________________________________ DATE OF CONTRACT: ___________________through _____________________

FIRM NAME: _______________________________________________________

ADDRESS: __________________ _____________________________________


FIRM NAME: _______________________________________________________

ADDRESS: __________________ _____________________________________



PUBLIC CONTRACT CODE SECTION

NON-COLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

In accordance with Title 23, United States Code Section 112, and Public Contract Code 7106, the bidder declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other proposer to submit a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any other proposer, or to fix any overhead, profit or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the Proposer has not, directly or indirectly, submitted their proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. NOTE: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the

signature portion thereof shall also constitute signature of this Non-collusion Affidavit. Proposers are cautioned that making a false certification may subject the certifier

to criminal prosecution.

Proposer’s Signature __________________________ Date ______________________


SUBMITAL OF PROPOSALS Sealed Proposals will be received at the Office of the Purchasing Agent at 44 N. San Joaquin Street, Suite 540, Stockton, CA 95202-2931, until Wednesday, April 21, 2010, 2:00 PM PDT. ALL PROPOSALS SHALL BE ADDRESSED AS FOLLOWS:

Request for Proposal 09-36 Purchasing Agent

County of San Joaquin 44 N. San Joaquin Street, Suite 540

Stockton, CA 95202-2931

The Proposal envelope shall have stated thereon the name and address of the submitting Contractor. PROPOSALS WILL NOT BE ACCEPTED AFTER Wednesday, April 21, 2010, 2:00 PM, PDT. PROPOSALS RECEIVED AFTER SAID TIME AND DATE WILL BE TIME-STAMPED AND RETURNED UNOPENED TO THE SUBMITTER. THE COUNTY WILL NOT ACCEPT PROPOSAL RESPONSES SUBMITTED BY FAX OR EMAIL.

**MANDATORY PRE-PROPOSAL CONFERENCE AND FACILITY TOUR** There will be a MANDATORY Pre-Proposal Conference and facility tour scheduled for Wednesday, March 24, 2010, 9:00 AM, PDT. Location of the Pre-Proposal Conference will begin at lobby of the Sheriff’s Office located at 7000 Michael Canlis Blvd, French Camp, CA 95231. Only those Prospective Proposers attending this Conference will be allowed to submit a proposal. This walk-through is an opportunity for the Proposers to see the site for a clear understanding of the site size and scope of work. All questions are to be sent in writing to Sophia Stark. Each Proposer shall have examined the entire work site and shall be responsible for having acquired full knowledge of the work, the frequency, its requirements, and all issues/problems affecting it. No variations or allowances in compensation will be made because of lack of such examination. PROPOSER SHALL NOT BE PERMITTED TO SCHEDULE A TOUR AT A DIFFERENT TIME OR DATE. A record of those Proposers attending the walk-through will be maintained for verification purposes. Questions and correspondence regarding RFP 09-36 shall be directed to:

Jon Drake Purchasing & Support Services

44 N. San Joaquin Street, Suite 540 Stockton, CA 95202-2931

PH: 209-468-3240 I Fax: 209-468-3393 I Email: [email protected]


All questions regarding this Request for Proposal shall be submitted in writing (Email or Fax is acceptable) no later than 2:00 PM, PDT, Friday, March 26, 2010. If necessary, supplementary information in addendum form will be prepared and posted on the “Purchasing Open Bids: website. It is the Proposer’s responsibility to obtain, sign and submit all addenda by Close of Business, Friday, April 9, 2010.

http://www.sjgov.org/supportserv/openbids.aspx

Proposers shall direct all inquiries to the above mentioned name and not contact the department directly regarding any matter related to the Request for Proposal. If you do, you risk disqualification of any proposal you submit.


PROPOSAL AUTHORIZATION / SIGNATURE PAGE

The undersigned, having carefully read and examined this RFP, and being familiar with (1) all the conditions applicable to the work for which this proposal is submitted; (2) with availability of the required equipment, materials and labor hereby agrees to provide everything necessary to complete the work for which this proposal is submitted in accordance with the proposal documents for the amounts quoted herein and further agrees that if this proposal is accepted, within five (5) days after the contract is presented for acceptance, will execute, and mail a signed contract to the County of San Joaquin Purchasing Agent.

This Signature/Authorization page must be in Section 1 of your Proposal. ___________________________________ __________________ Signature of Authorized Agent Date _________________________________


ATTACHMENT A

LIST OF COMMISSARY PRODUCTS

(see following pages)


San Joaquin County Sheriff's Department

Support Services Complete Commissary Price List

100 Stationary Items et. Al. Size Price Resale 046206 Restricted Envelope w/o stamp 8.5" x 11" 20 046204 Restricted Envelope, stamped (Commissary) #10 1000 046101 Restricted Eraser - Pink Pearl each 1

0400001 Greeting Card each 6 046107 Restricted Ink Pen - Black each 2

0400000 Restricted Menu/Price Sheet each 0.10 6 046501 Pencil Sharpener each 1 046106 Restricted Pencil, #2 Long 2 046104 Pencils, Colored, 12 pack 4.15" 1 046203 Sketch Pad, Large 8.5" x 11" 2 046202 Restricted Tablet, Legal, Yellow, 50 sheet 8.5" x 14" 2 046201 Restricted Tablet, Lined 5" xx 8" 2 047106 U.S. Postage Stamp Regular 0.44 20

200 Over the Counter Drugs Size Price Resale

042643 Restricted Allergy/Hayfever Medication, 10 tabs 4mg 2 042541 Restricted Anti-Acid, 10 tabs 200mg 2 042535 Restricted Aspirin, Tri-Buffered 325mg 20

042549 Restricted Contact Lens Cleaning + Wetting

Solution 12 fl oz 1 042542 Restricted Cream, HTC (Hydrocortisone) 1% 1 oz 1 042544 Restricted Ibuprofen, 2 tabs 200mg 20 042540 Restricted Tolnaftate - Foot Cream (Anti-fungal) 1 oz 1 042534 Restricted Tylenol 500mg 20 041701 Vitamins, Daily Multiple 100 tablets 1

210 Dental Hygiene Size Price Resale

042578 Restricted Efferdent 36 tablets 2 042508 Restricted Effergrip Denture Adhesive Cream 2.5 oz 1 042531 Mouth Wash - Mint Flavor 8 oz 2 042555 Toothbrush Holder each 2 042504 Restricted Toothbrush - TEK each 2 042506 Restricted Toothpaste - Colgate Clear 4.2 oz 2




220 Soap and Deodorant Size Price Resale

042547 Restricted Deodorant, Lady Fresh Cool Zone

Clear 2.5 oz 2

042515 Restricted Deodorant, Mennen Active Fresh

Clear 2.0 oz 2

042521 Restricted Deodorant, Mennen Ocean Surf

Clear Stick 3.0 oz 2 042502 Restricted Soap Dial Clear 4.0 oz 2 042539 Soap Dish each 2 042501 Restricted Soap, Heritage Clear Deodorant 3 oz 2

225 Hair/Body.Skin Care Size Price Resale 042550 Aloe Lotion, Clear 8 oz 1 042511 Baby Oil 4 oz 1 042553 Baby Powder 4 oz 1 042587 Brush - Men's Hair each 1 042557 Brush, Hair, Womens - Almond each 1 042537 Comb, Palm, Black each 1 042538 Comb, Small, Black 5" 1 142586 Comb, w/Handle, Black Medium 1 042551 Conditioner, Suave Refreshing 15 oz 1 042512 Conditioner, VO5 Extra Body 15 oz 2 042509 Restricted Foot Powder, Heritage Medicated 3 oz 1 042513 Gel Curl Activator 5 oz 2 042525 Hair Dressing, VO5 Conditioning 1.5 oz 2 042546 Hair Food (Pro-Line) 4.5 oz 1 042579 Hair Spray - Clear Extra Hold 8 oz 2 042589 Nail Clipper, No File Large 1 042588 Nail Clipper, No File Small 1 042510 Petroleum Jelly 7.5 oz 1 042576 Pomade Hair Dressing, Murray's 4 oz 1 042580 Pomade, Tres Flores 4 oz 1 042545 Ponytail Holder - Pony Os each 2 042522 Q-Tips Cotton Swabs 100 swabs 1 042560 Restricted Shampoo & Body Wash 5 pack 5 042500 Restricted Shampoo, Baby 15 oz 1 042552 Restricted Shampoo, Suave Waterfall Mist 15 oz 1 042505 Restricted Shampoo, VO5 Extra Body 15 oz 1 042518 Skin Cream, Noxzema-Generic 4.5 oz 1 042526 Sof-N-Sheen, Comb Thru 10 oz 2 042527 Styling Gel 16 oz 1 042573 Sulfer 8, Medicated 2 oz 1 042591 Tweezers, Blunt tip each 1 044801 Wash Cloth each 1




230 Shaving Items Size Price Resale 042574 Afta Shave, Clear 3 oz 1 042519 Restricted Razor, Double Edge (Honor Farm) each 2 042514 Shave Cream, Magic 6 oz 1 042516 Shave Gel, Clear 3 oz 1

240 Personal Items, Misc. Size Price Resale 042575 Chapstick .19 oz 1 042054 Emery Board each 2 042532 Glasses - 1.25-1.50 Weak 1 042533 Glasses - 1.75-2.00 Medium 1 042529 Glasses - 2.25-2.75 Strong 1 042520 Playtex Gentle Glide 8 pack 3 044503 Shoe, Deck, White Size 08 1 044504 Shoe, Deck, White Size 09 1 044505 Shoe, Deck, White Size 10 1 044506 Shoe, Deck, White Size 11 1 044507 Shoe, Deck, White Size 12 1 044508 Shoe, Deck, White Size 13 1 044802 Shower Cap each 2 044502 Shower Shoe Large 1 044501 Shower Shoe Medium 1 042029 Restricted Tampax Tampons, Super 10 Count 7

049502.1 Restricted Welfare Bag w/ Meds (Honor

Farm/SOJail) each 0.00 1 245 Entertainment Items Size Price Resale

045202 Cards, Pinochle 1 deck 2 045201 Cards, Poker 1 deck 2

250 Women's Beauth Care Size Price Resale 042027 Eyeliner Pencil, Brown 1 042031 Lipstick, Red 1 042028 Mascara, Black .13 oz 1 042528 Relaxer, Dark & Lovely - Super 1 kit 1 042524 Rollers, Foam - Green Large 2

300 Misc Sundry Items Size Price Resale 046801 Batteries, AA - Panasonic 4 Pack 2 046802 Batteries, AAA 4 Pack 2 040902 Bowl w/Lid, Cereal 24 oz 2 040901 Tumbler w/Lid 22 oz 2 044001 Cap, Watch - Black each 1




350 Health Foods & Drinks Size Price Resale 041988 Candy - Wild Fruit - Sugar Free 1.75 oz 5 041241 Cereal - Corn Flakes 18 oz 1 040726 Cereal - Oat Bran-N-Raisin, Fat Free 10 oz 1 041242 Cereal - Oatmeal, Regular - Instant .98 oz 20 040621 Coffee, Decaf - Folgers Crystals 8 oz 2 040623 Coffee, Decaf - Tasters Choice Singles 20 040757 Cookie, Sugar Free Soft Oatmeal 10 oz 1

040758 Cookie, Sugar Free Soft Peanut

Butter Choc Chip 10 oz 1

040725 Cookies, Sugar Free Spaans Choc

Chip Swirl 10 oz 1

040721 Cookies, Sugar Free Spaans Fudge-

N-Chip Soft 10 oz 1

040722 Cookies, Sugar Free Spaans Lemon

Coconut 10 oz 1

040723 Cookies, Sugar Free Spaans Spiced

Windmill 10 oz 1 040709 Crackers, Zesta - Low Salt 16 oz 2

040599 Drink, Sugar Free Fruit Punch

w/Nutrasweet - 10 pak 1.4 g/pk 1

040598 Drink, Sugar Free Grape

w/Nutrasweet - 10 pak 1.4 g/pk 1

040600 Drink, Sugar Free Orange

w/Nutrasweet - 10 pak 1.4 g/pk 1 040798 Granola, Apple/Blueberry 15.5 oz 6 040617 Hot Cocoa Mix, Sugar Free 0.53 oz 10 041406 Rice, White - Pre-Cooked 7 oz 6 040794 Wafers, Sugar Free Strawberry 2.75 oz 8

400 Grocery Items Size Price Resale

042037 Beans, Refried - w/ Jalapenos and

Green Chile 4 oz 4

041240 Cereal - Oatmeal, Instant Apple +

Cinnamon .98 oz 20

041243 Cereal - Oatmeal, Instant Cinnamon

Roll .98 oz 12

041239 Cereal - Oatmeal, Instant Maple +

Brown .98 oz 20 042045 Chili w/Beans - Hot 8 oz 4 041870 Jerky - Peppered Beef 1 oz 6 041869 Jerky - Teriyaki Beef 1 oz 6 041854 Kippered Snacks - Beach Cliff 4 oz 4 041682 Mackerel Fillets 3.53 oz 7 041850 Pepperoni, Sliced Italian 4 oz 4 041236 Pudding, Chocolate Single Serv 4 041238 Pudding, Tapioca Single Serv 4 041237 Pudding, Vanilla Single Serv 4 042038 Rice, Instant Spanish 2 oz 6 040795 Roast Beef w/ Gravy 12 oz 6


packet 041851 Salami, Hard, Sliced - Splendore 3.5 oz 4 041806 Salmon, Pink - Pouch 3 oz 4 041853 Sardines, w/Jalapeno - Beach Cliff 4.25 oz 4 040799 Shredded Beef Packet 7 oz 7 042035 Tortilla Wrap, Jalapeno 6 count 6 042036 Tortillas, Flour 10 Count 6 041852 Tuna, Pouch 4.23 oz 4 042030 Vermicelli Fideo Noodles 7 oz 6 041986 White Chicken Chunks 3 oz 4

410 Instant Soups Size Price Resale 041401 Chicken Bouillon Pouch 5 5 041403 Instant Lunch - Cajun Style 2.25 oz 5 041405 Instant Lunch - California Vegetable 2.25 oz 5 041402 Instant Lunch - Chicken Flavor 2.25 oz 5 041404 Instant Lunch - Texas Beef Flavor 2.25 oz 5

420 Condiments/Sauces/Peppers Size Price Resale

041857 Chili Garlic Sauce 8 oz 3 041852 Chili Peppers, Hot Yellow - El Pato 12 oz 3 040801 Creamer Pouch 8 oz 2 041866 Honey Mustard - Individual Cup 1 oz 12 041858 Jalapeno Slices 0.8 oz 6 042000 Jelly, Grape - Individual Serving 2 oz 6 041867 Ketchup 5 pack 10 041865 Mayonnaise 5 pack 10 041860 Mustard 5 pack 10 041700 Pickle - Hot Kosher Dill each 4 041703 Pickle - Regular Kosher Dill each 4 041849 Salsa, Jalapeno Green - El Pato 12 fl oz 6 041859 Sauce, Hot - Louisiana 6 oz 3 041864 Sauce, Hot - Viva Pancho 5 oz 3 042025 Sauce, Soy 5 pack 10 041861 Sauce, Taco 5 pack 10 040802 Sugar Pouch 12 oz 2 040805 Sugar Twin 5 pack 5 041868 Sweet-N-Sour Cup 1 oz 12




475 Chips and Nuts Size Price Resale 040732 Cheese Puffs 3.75 oz 6 040759 Cheetos, Flaming Hot 3.5 oz 6 040765 Chips, Hot Lay's 2.34 oz 6 040730 Chips, Hot Nacho 6 oz 6 040762 Chips, Jalapeno Kettle 2 1/8 oz 6 040717 Chips, Sour Cream and Onion 3.5 oz 6 040734 Churritos, Chile Y Limon 4.5 oz 6 041940 Corn Nuts, Chili Picante 1.4 oz 6 042001 Corn Nuts, Ranch 1.4 oz 6 040724 Doritos 3.25 oz 6 040718 Doritos, Cool Ranch 3.25 oz 6 040714 Doritos, Spicy 3.25 oz 6 040712 Fritos, Chile Cheese 4.5 oz 6 040733 Hot Fries 3.5 oz 6 041935 Peanuts, Salted 1 oz 15 040719 Popcorn, Cheddar Cheese 3.5 oz 6 040748 Popcorn, Microwave - Butter Flavor 3.5 oz 4 042026 Pork Cracklins 2.375 oz 6 040713 Pork Skins, Hot 2.18 oz 6 040715 Potato Chip, Barbecue 2.75 oz 6 040752 Potato Chip, Sea Salt 6 oz 8 041936 Sunflower Kernels 4.5 oz 10

040783 Takis - Fuego Hot Chili & Lime

Flavored 4 oz 8 040762 Toffee, Crunch-N -Munch 4 oz 4 040760 Trail Mix .2 1/3 oz 12

480 Spreads Size Price Resale

040750 Bean Dip - Jalapeno 9 oz 3 041801 Peanut Butter - Creamy 18 oz 2 041987 Spread, Cheese - Habanero 8 oz 3 041810 Spread, Cheese - Jalapeno Flavor 8 oz 3 041809 Spread, Cheese - Sharp Flavor 8 oz 3 041942 Squeeze, Cheese - Cheddar 1.5 oz 4 041937 Squeeze, Cheese - Jalapeno 2 oz 4




500 Cookies and Crackers Size Price Resale 040745 Bear Claw 5 oz 12 040782 Brownie with Chocolate Chip Candy 13.1 oz 3 040703 Cookies, Chocolate Chip 14 oz 4 040746 Cookies, Duplex Crème 5 oz 4 040747 Cookies, Duplex Lemon Crème 5 oz 4

040786 Cookies, Duplex Peanut Butter

Crème 6 oz 4 040706 Cookies, Grandma's Chocolate Chip Individual 6 041208 Cookies, Iced Oatmeal Tray 5 oz 6 040704 Cookies, Oatmeal 14 oz 4 040705 Cookies, Oreo 5.25 oz 4 040728 Cookies, Raspberry Shortbread 10 oz 4 040702 Cookies, Star Crunch 13 oz 4 040739 Crackers, Cheddar Cheese 1.6 oz 6 040736 Crackers, Nacho Cheese 1.6 oz 6 040737 Crackers, Peanut Butter 1.6 oz 6 040707 Crackers, Ritz 4 oz 4 040708 Crackers, Saltine - Snappy 16 oz 4 040744 Cupcake, Chocolate Crème Filled 4 oz 6 040743 Donuts, Frosted Chocolate 6 mini 6 040749 Donuts, Glazed 6 mini 6 040711 Honey Buns - 6 pack 10.5 oz 4 040720 Moon Pie, Chocolate each 48 040701 Nutty Bars 12 pack 4 040790 Oatmeal Cakes & Crème 1.3 oz 48 040741 Pie, Apple 4 oz 12 040742 Pie, Cherry 4 oz 12 040740 Pie, Chocolate 4 oz 12 040753 Pie, Lemon 4 oz 12 040731 Pop-Tarts, Blueberry 3.67 oz 6 040727 Pop-Tarts, Strawberry Twin Pack 6 040761 Rice Krispies Treat 1.3 oz 6 041205 Swiss Rolls - Little Debbie 13 oz 4

550 Candy Items Size Price Resale

041919 100 Grand Bar 1.5 oz 15 041926 Almond Joy 1.61 oz 15 040774 Atomic Fireballs - hard candy 4 oz 6 041932 Baby Ruth 2.1 oz 15 041933 Butterfinger 2.1 oz 15 040772 Butterscotch Discs - hard candy 4.5 oz 6 041941 Certs - Cinnamon .72 oz 5 041943 Cough Drops - Halls Eucalyptus 9 drops 8 041929 Hershey w/Almond 1.45 oz 15 040776 Jolly Rancher, Assorted - hard candy 7 oz 6 040775 Jolly Rancher, Fire - hard candy 7 oz 6 040773 Lemon Heads - hard candy 4 oz 6


041989 Licorice - Red Vine Fat Free 6.1 oz 1 041985 M+M Peanut 1.74 oz 15 041930 Milky Way 2.05 oz 15 041931 Pay Day 1.85 oz 15 041928 Reese's Peanut Butter Cup 1.5 oz 15

041922 Reese's Peanut Butter Cup,

Miniatures 8 oz 20

041939 Reese's Peanut Butter Cup, White

Chocolate 1.5 oz 10 041944 Rolaids, Regular 12 pellets 4 041927 Snickers Bar 2.12 oz 15 041934 Snickers Bar w/Almonds 1.76 oz 15 041921 Suckers - Carmel Apple 5/8 oz 20 041923 Suckers - Sweet + Sour 5/8 oz 20 041925 Three Musketeers 15 041945 Tootsie Rolls 20

600 Beverages Size Price Resale

040601 Breakfast Drink - Orange 12 oz 2 040618 Cappuccino - French Vanilla 0.81 oz 20

040608 CocoaSingle

Serving 20 040607 Cocoa, Instant 10 oz 2 040780 Coffee Stick - S.S. Freeze Dried .059 oz 20 040602 Coffee, Instant 4 oz 2 040767 Crystal Light - Fruit Punch 11 oz 20 040771 Crystal Light On the Go - Lemonade 11 oz 20 040770 Crystal Light On the Go - Peach Tea 11 oz 20

040767.1 Crystal Light On the Go - Raspberry

Lemonade 11 oz 20 040605 Kool Aid - Grape Drink 12 oz 2 040604 Kool Aid - Tropical Punch 12 oz 2 040710 Lemonade - Country Time 12 oz 2 040777 Tang Sport .4 oz 12 040609 Tea Bags Singles 20 040603 Tea w/Lemon 11 oz 2 040606 Tea w/Lemon, Individual 0.56 oz 20 040778 V8 100% Vegetable Juice 12 fl oz 6

040779 V8 100% Vegetable Juice - Spicy

Hot 12 fl oz 6 040619 Water, Mountain Spring 20 oz 9




605 Sodas 12 oz Cans Size Price Resale 040615 Cola - Generic 12 fl oz 6 040613 Dr. Pepper 12 fl oz 6 040614 Dr. Pepper - Diet 12 fl oz 6 040616 Fruit Punch - Tiki - Generic 12 fl oz 6 040612 Orange Soda 12 fl oz 6 040610 Pepsi Cola 12 fl oz 6 040620 Pepsi Cola - Wild Cherry 12 fl oz 6 040611 Root Beer, Mug 12 fl oz 6 040622 Squirt 12 fl oz 6

615 Sodas 32 oz (Big Drinks) Size Price Resale 040627 Dr. Pepper 32 fl oz 5 041617 Ice Cup 32 fl oz 6 040629 Ice Tea - Raspberry 32 fl oz 5 040633 Lemonade, Pink 32 fl oz 5 040632 Mountain Dew 32 fl oz 5 040626 Pepsi Cola 32 fl oz 5 040628 Pepsi Cola - Cherry 32 fl oz 5 040597 Pepsi Cola - Diet 32 fl oz 5 040630 Root Beer, Mug 32 fl oz 5

620 Sandwiches and Hot Foods Size Price Resale 041602 Burrito - Chorizo/Egg/Cheese/Bean 7 oz 8

041672 Burrito, Breakfast - Bacon/Egg +

Cheese 7 oz 8 041679 Burrito, Green Chili - Beef + Bean 10 oz 8 041863 Burrito, Jalapeno - Beef/Grn 10 oz 8

041707 Burrito, The Bomb - Beef, Bean &

Cheese 14 oz 8

041706 Burrito, The Bomb - Spicy Beef &

Bean 14 oz 8 041601 Cheese Burger - Quarter Pount 7.4 oz 8 041681 Chimichanga - Beef/Pink 10 oz 8 041646 Chimichanga - Chicken/Blue 10 oz 8 041668 Cinnamon Roll - Big Mamma 6.25 oz 8 041673 Egg Roll - Chicken 3 oz 12 041678 Egg Roll - Pork 4 oz 12 041645 Hot Pockets - Ham + Cheese 7 oz 8 041647 Hot Pockets - Pepperoni 7 oz 8 041680 Nacho Boat w/Jalapeno Cheese 3 oz 8 041669 Pizza, Combination - Meat Trio 6 oz 8 041675 Sandwich - 18 Wheeler 8.1 oz 8 041600 Sandwich - Chicken and Swiss 4.5 oz 8 041683 Tamales, Beef 4.5 oz 12




640 Ice Cream Size Price Resale 041697 Brownie Mountain Sundae Pint 2 041702 Fruit Bar - Banana 4 fl oz 2 041690 Fruit Bar - Coconut 4 fl oz 2 041705 Fruit Bar - Lime 4 fl oz 2 041694 Fruit Bar - Pina Colada 4 fl oz 2 041704 Fruit Bar - Pineapple 4 fl oz 2 041699 Fruit Bar - Strawberry 4 fl oz 2 041695 Fruit Bar - Watermelon 4 fl oz 2 041689 Ice Cream - Cookies + Cream 8 oz 2 041685 Ice Cream - Rocky Road 8 oz 2 041688 Ice Cream - Strawberry 8 oz 2 041686 Ice Cream - Vanilla 8 oz 2 041693 It's It Ice Cream Sandwich 5.5 fl oz 2

041693.2 It's It Ice Cream Sandwich -

Chocolate 5.5 fl oz 2 041693.1 It's It Ice Cream Sandwich - Mint 5.5 fl oz 2

041691 Sherbet, Rainbow 8 oz 2


ATTACHMENT B

AVERAGE DAILY POPULATION AS OF MARCH 2010

Average Daily Population

January 2009

Current Month Prior Month ADP 2008

San Joaquin County Jail 1515 1496 1500

TOTAL

Male Female


ATTACHMENT C

Proposed Technology Equipment/Systems

Computers Computer Software Scanner Printer Lobby Kiosks Housing Unit Kiosks Internet Web Page


ATTACHMENT D

Minimum Requirements for Proposed Technology Equipment/Systems The software application shall be SOA compliant and compatible with Oracle SOA Suite 10.1.3 or higher. To be compatible with Oracle SOA Suite, the application must support web services standards and/or use. It must have a JDBC compliant database. Oracle or SQL Server is the required databases for this application. The software application shall provide a module for web services management for the interfaces. All data sent from current CJIS to the software application will be in CJIS format and data conversion would be performed on the software application. Also, the data sent to CJIS from the application will be in CJIS format.

Desktop Systems: Lenovo Desktop, ThinkCentre M-Series Warranty: 4 year Monitors: Lenovo 19” Warranty: 4 year Printers: Black: HP – P4xxx Series with network capability Color: HP – CP4xxx Series with network capability Warranty: 3 year Uninterruptible Power Supplies: Brand: APC – Any model sufficient to carry the load


EXHIBIT A

“SAMPLE CONTRACT”


- 50 -

INDEPENDENT CONTRACTOR AGREEMENT

SAN JOAQUIN COUNTY

CONTRACT ID#

Contract Amount $

PARTIES: COUNTY: County of San Joaquin Purchasing & Support Services 44 N. San Joaquin Street, Suite 540 Stockton, CA 95202-2931 With copies to: County of San Joaquin Sheriff Department 7000 Michael Canlis Blvd French Camp, CA 95231 CONTRACTOR: This Agreement is made and entered into this _____________day of _____________, 2010, by and between ___________________, an Independent CONTRACTOR (hereinafter “CONTRACTOR”), and San Joaquin County, a political subdivision of the State of California for ________________(hereinafter “COUNTY”).

ORDER OF PRECEDENCE

Each of the items listed below is hereby incorporated into this Agreement by this reference. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:

1. Applicable Federal and State of California statutes and regulations, this Agreement and its exhibits.

2. COUNTY Request for Proposal Number RFP 09-36. 3. CONTRACTOR’S Proposal dated ___________________.


1. Scope of Professional Services:

CONTRACTOR agrees to provide services to San Joaquin County Sheriff Department Commissary. CONTRACTOR to provide a full range of inmate commissary services and inmate accounting and banking software.

CONTRACTOR shall perform the work in accordance with currently approved methods and standards of practice in the CONTRACTOR’S professional specialty.

2. Term of Agreement:

This Agreement shall commence , 200__ through________, 200__, unless said work is completed on a date prior thereto or unless terminated earlier as provided herein or extended upon mutual agreement.

3. Interpretation: This Agreement shall not be interrupted in favor of any Party by virtue of said

Party not having prepared this Agreement. If any time period provided for in this Agreement ends on the day other than a

Business Day, the time period shall be extended to the next Business Day.

4. Compensation:

COUNTY agrees to pay CONTRACTOR an hourly amount of ($). The total payments made for services performed pursuant to this Agreement shall not exceed ________________ DOLLARS ($00,000.00).

5. Invoicing:

CONTRACTOR shall submit one original and one copy of each invoice to County of San Joaquin, Sheriff Department, 7000 Michael Canlis Blvd, French Camp, CA 95231. All invoices must reference this Agreement Number/Contract ID # and the service performed. Payments shall be made within 30 days of receipt of invoice from CONTRACTOR.

6. CONTRACTOR’S Status:

In the performance of work, duties and obligations imposed by this Agreement, the CONTRACTOR is at all times acting as an Independent CONTRACTOR practicing his or her profession and not as an employee of the COUNTY. A copy of CONTRACTOR’S current professional, local, state or other business licenses required to conduct the services stated herein, will be provided to COUNTY. The CONTRACTOR shall not have any claim under this Agreement or otherwise against the COUNTY for vacation, sick leave, retirement benefits, social security or workers’ compensation benefits. The CONTRACTOR shall be responsible for federal and state payroll taxes such as social security and unemployment. COUNTY will issue a Form 1099 at year-end for fees earned.


7. Assignments:

Inasmuch as this Agreement is intended to secure the specialized services of the CONTRACTOR, CONTRACTOR may not assign, transfer, delegate or subcontract their obligation herein without the prior written consent of San Joaquin County. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.

8. Non Exclusive Rights:

This Agreement does not grant to CONTRACTOR any exclusive privileges or rights to provide services to COUNTY. CONTRACTOR may contract with other counties, private companies or individuals for similar services.

9. Indemnification:

CONTRACTOR shall, at its expense, defend, indemnify and hold harmless the County of San Joaquin and its employees, officers, directors, contractors and agents from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys’ fees, and expenses from any claim or action, including without limitation for bodily injury or death, to the extent caused by or arising from the active and/or passive negligence or willful misconduct of CONTRACTOR, its employees, officers, agents or Subcontractors.

CONTRACTOR shall hold the COUNTY, its officers and employees, harmless from liability, of any nature or kind on account of use of any copyrighted, or un-copyrighted composition, secret process, patented or un-patented invention articles or appliance furnished or used under this order.

10. Insurance: CONTRACTOR, shall submit proof of insurance with liability limits as set forth below to the Purchasing Department showing COUNTY, its officers, employees, agents and volunteers named as Additional Insured to include ongoing operations and products completed operations (On Additional Insured Endorsement CG 20 10 10 93), except for Workers’ Compensation and professional Liabilities, and insurance policy shall contain provisions that such policy may not be canceled or reduced except after thirty (30) days written notice to the COUNTY. The COUNTY at its discretion, may waive in part or in full insurance requirements. CONTRACTOR is required to provide insurance unless notified by the COUNTY’S Purchasing Agent of any waivers. CONTRACTOR agrees that CONTRACTOR is responsible to ensure that the requirements set forth in this article/paragraph are also to be met by CONTRACTOR’S subcontractors/CONTRACTOR’S who provide services pursuant to this Agreement. Copies of insurance certificates shall be filed with the COUNTY’S Purchasing Agent.

General Liability Limits 1. BI & PD combined/per occurrence $1,000,000 /Aggregate $1,000,000 2. Personal Injury/Aggregate $1,000,000


3. Automobile Liability/per occurrence CONTRACTOR agrees to defend, hold harmless and indemnify the COUNTY for any and all liabilities associated with the use of any automobiles in relation to tasks associated with this Agreement.

Professional Liability 1. Professional Liability/as appropriately relates to $1,000,000 services rendered. Coverage may include medical malpractice and/or errors and omissions.

Workers’ Compensation and Employer’s Liability Statutory requirement

11. Discrimination:

CONTRACTOR shall not discriminate because of age, ancestry, color, creed,

marital status, medical condition (cancer or genetic characteristics), national origin, physical or mental disability, political affiliation or belief, pregnancy, race, religion, sex (includes sexual harassment) and sexual orientation.

12. ADA Compliance:

CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of

1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. Sections 12101 et seq.)

13. Notices:

Any notice required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be effected by one of the following methods: personal delivery, prepaid Certified First-Class Mail, or prepaid Priority Mail with delivery confirmation. Unless otherwise designated in writing by either party, such notice shall be mailed to the addresses shown on page one (1) of this Agreement.

14. Termination:

If the CONTRACTOR breaches or habitually neglects the CONTRACTOR’S

duties under this Agreement without curing such breach or neglect upon fifteen (15) working days written notice, the COUNTY may, by written notice, immediately terminate this Agreement without prejudice to any other remedy to which COUNTY may be entitled, either at law, in equity, or under this Agreement. In addition, either party may terminate this Agreement upon thirty (30) days written notice to other party.

If the County Board of Supervisors fails to appropriate funds to enable County

Departments to continue to make purchases under this Agreement, this Agreement will be cancelled immediately and CONTRACTOR will be given written notice of such termination.

15. Conflict of Interest Statement:

CONTRACTOR covenants that CONTRACTOR, its officers, employees or their immediate family, presently has no interest, including, but not limited to, other


projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by CONTRACTOR under this Agreement. CONTRACTOR shall not hire COUNTY'S employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of COUNTY. Performance of services under this Agreement by associates or employees of CONTRACTOR shall not relieve CONTRACTOR from any responsibility under this Agreement.

16. Drug Free Workplace:

CONTRACTOR shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

17. Force Majeure:

It is agreed that neither party shall be responsible for delays in delivery, acceptance of delivery, or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the CONTRACTOR or the COUNTY.

18. Compliance:

CONTRACTOR shall comply with all federal, state and local laws, regulations and requirements necessary for the provision of contracted services. Furthermore, CONTRACTOR shall comply with all laws applicable to wages and hours of employment, occupational safety, fire safety, health and sanitation. CONTRACTOR shall maintain current throughout the life of this Agreement, all permits, licenses, certificates and insurances that are necessary for the provision of contracted services.

19. Governing Law and Venue:

The Laws of the State of California shall govern this Agreement. Venue is San Joaquin County. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

20. Documents:

All drawings, specifications, documents and other memoranda or writings relating to the work and services hereunder, shall remain or become the property of the COUNTY whether executed by or for the CONTRACTOR for COUNTY, or otherwise by or for the CONTRACTOR, or by or for a subcontractor operating under the CONTRACTOR’S supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to COUNTY forthwith upon COUNTY written demand, termination or completion of the work under this Agreement.


21. Attorney Fees: In any action brought to enforce any provision of this Agreement, the losing party

shall pay the prevailing party’s reasonable attorney fees and losses.

22. Work Product:

COUNTY and CONTRACTOR acknowledge and agree that “Work Product”, and all components of it, provided or developed by CONTRACTOR hereunder or in connection herewith shall constitute “works made for hire” within the meaning of Title 17 United States Code Section 101 et seq. (the “Copyright Act”), and all right, title, and interest in and to the Custom Products shall vest in the COUNTY immediately upon development. To the extent any such Custom Products may not be the sole and exclusive property of the COUNTY and/or may not be a “work made for hire” as defined in the Copyright Act upon development, then CONTRACTOR agrees to and hereby does sell, transfer, grant and assign to the COUNTY all copyrights, patents, trade secrets, inventions, and other proprietary rights, title, and interest in and to such Custom Products upon development. On all written material, whether in print, electronic, or any media form, constituting “Work Product”, CONTRACTOR shall place or cause to be placed the following legend preferably in the lower right corner: © 2010 County of San Joaquin. All rights reserved.

23. Data Security – Confidentiality

a. Acknowledgment of access to information characterized as covered data

Contractor acknowledges that its contract/purchase order (“Agreement”) with the County of San Joaquin, California( “County”) may allow the Contractor access to confidential County information or County provided information including, but not limited to, personal information, records, data, or financial information notwithstanding the manner in which or from whom it is received by Contractor (“Covered Data”) which is subject to state laws that restrict the use and disclosure of County information, including the California Information Practices Act (California Civil Code Section 1798 et seq.), California Constitution Article 1, Section 1, and other existing relative or future adopted State and/or Federal requirements. Contractor shall maintain the privacy of, and shall not release, Covered Data without full compliance with all applicable state and federal laws, County policies, and the provisions of this Agreement. Contractor agrees that it will include all of the terms and conditions contained in this clause in all subcontractor or agency contracts providing services under this Agreement. Where a federal, state or local law, ordinance, rule or regulation is required to be made applicable to this Agreement, it shall be deemed to be incorporated herein without amendment to this Agreement.

b. Prohibition on unauthorized use or disclosure of covered data and information Contractor agrees to hold Covered Data received from or created on

behalf of County in strictest confidence. Contractor shall not use or disclose Covered Data except as permitted or required by the Agreement or as otherwise authorized in writing by County. If required by a court of


competent jurisdiction or an administrative body to disclose Covered Data, Contractor will notify County in writing prior to any disclosure in order to give County an opportunity to oppose any such disclosure. Any work using, or transmission or storage of, Covered Data outside the United States is subject to prior written authorization by the County.

c. Safeguard standard Contractor agrees that it will protect the Covered Data according to

commercially acceptable standards and no less rigorously than it protects its own confidential information, but in no case less than reasonable care. Contractor shall develop, implement, maintain and use appropriate administrative, technical and physical security measures which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Covered Data.

d. Return or destruction of covered data and information Upon termination, cancellation, expiration or other conclusion of the

Agreement, Contractor shall return the Covered Data to County unless County requests that such data be destroyed. This provision shall also apply to all Covered Data that is in the possession of subcontractors or agents of Contractor. Contractor shall complete such return or destruction not less than thirty (30) calendar days after the conclusion of this Agreement. Within this thirty (30) day period, Contractor shall certify in writing to County that the return or destruction has been completed.

e. Reporting of unauthorized disclosures or misuse of covered data and

information Contractor shall report, either orally or in writing, to County any use or

disclosure of Covered Data not authorized by this Agreement or in writing by County, including any reasonable belief that an unauthorized individual has accessed Covered Data. Contractor shall make the report to County immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after Contractor reasonably believes there has been unauthorized use or disclosure. Contractor’s report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) the County Covered Data used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or shall take to prevent future similar unauthorized use or disclosure. Contractor shall provide County other information, including a written report, as reasonably requested by County.

f. Examination of records County and, if the applicable contract or grant so provides, the other

contracting party or grantor (and if that be the United States, or an agency or instrumentality thereof, then the Controller General of the United States) shall have access to and the right to examine any pertinent books, documents, papers, and records of Contractor involving transactions and work related to this Agreement until the expiration of five


years after final payment hereunder. Contractor shall retain project records for a period of five years from the date of final payment.

g. Assistance in litigation or administrative proceedings Contractor shall make itself and any employees, subcontractors, or

agents assisting Contractor in the performance of its obligations under the Agreement available to County at no cost to County to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings against County, its directors, officers, agents or employees based upon a claimed violation of laws relating to security and privacy and arising out of this Agreement.

h. No third-party rights

Nothing in this Agreement is intended to make any person or entity who is not signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.

i. Attorney's fees

In any action brought by a party to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, including the reasonable value of any services provided by in-house counsel. The reasonable value of services provided by in-house counsel shall be calculated by applying an hourly rate commensurate with prevailing market rates charged by attorneys in private practice for such services.

j. Survival

The terms and conditions set forth shall survive termination of the Agreement between the parties.


24. Entire Agreement and Modification:

This Agreement and all documents incorporated by reference supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.

IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement on the day and year first written above.

CONTRACTOR Name COUNTY OF SAN JOAQUIN, a Address political subdivision of City, State and Zip the State of California

By: _________________Date:______ By: _________________Date:_____ Signature, Authorized Agent David M. Louis, C.P.M., CPPO, CPPB Director, Purchasing & Support Services By: ____________________________

Printed Name of Authorized Agent

APPROVED AS TO FORM Office of County Counsel

By: _____________________Date:______ Gilberto Gutierrez Deputy County Counsel

Buyer of Record: JP