14-DC-68669
INMATE BANKING SYSTEM, COMMISSARY SERVICES AND VIDEO VISITATION TO ST. MARY’S COUNTY DETENTION CENTER 14-DC-68669 St. Mary’s County Government Office of Procurement 41770 Baldridge Street Chesapeake Building, 2nd Floor Leonardtown, Maryland 20650 Sealed Proposals will be received until 4:00 PM July 31, 2013 PART I SECTION A - INTRODUCTION St. Mary’s County Government (SMCG) seeks to obtain, by Request for Proposal, a Contractor to provide inmate commissary services, an inmate banking system for the management of inmate accounts and inmate video visitation which interfaces with the jail management system and inmate telephone system at the St. Mary’s County Detention Center. Proposals are to be for off-site commissary operation which minimizes correctional staff interaction. A percentage of the proceeds from the operation of the inmate commissary and video visitation shall be returned to the Corrections Division of the St. Mary’s County Sheriff’s Office for the purchase of educational and recreational items and materials expressly intended for use by the inmates and detainees of the facility. SECTION B - QUALIFICATIONS SUBMISSIONS Bidders shall provide a statement of their qualifications that addresses specific qualification/selection criteria for the scope of services as defined by this solicitation. An Original and five (5) copies of your Technical proposal and an original and one (1) copy of your Cost proposal must be submitted to the Procurement Office in a sealed envelope or package with completed Bid Sticker (Attachment J-6) affixed to outside of each package by July 31, 2013 at 4:00 PM EST. Your Cost Proposal shall be submitted in a separately sealed and marked envelope. Responses received after the due date and time will not be accepted or considered and will be returned, unopened. There will not be a pre-RFP submission meeting scheduled for this solicitation. Questions regarding the solicitation shall be submitted to the Procurement Office no later than July 17, 2013. The Procurement contact for this solicitation is: Randy Burns, CPPB, Procurement Manager St. Mary’s County Procurement Office 41770 Baldridge Street Leonardtown, Maryland 20650 Email:
[email protected] Telephone: 301-475-4200 extension 1223 Fax: 301-475-4667
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Email requests are preferred. Replies to inquiries, additional information, or amendments deemed necessary will be provided by written addenda, and posted as an Amendment to this RFP. Bidders should not rely on representations, statements, or explanations other than those made in this RFP or in any addendum to this RFP. Major areas shall be outlined in sequential order corresponding to Selection Criteria defined in Section D of this solicitation. Information shall be assembled, bound, and indexed to that order. Unnecessarily elaborate brochures or other presentations beyond what is sufficient to complete an effective proposal are not desired. Elaborate art work, expensive paper and bindings and expensive visual and other presentation aids are neither necessary nor warranted. A Technical Evaluation Committee will review submissions. Proposals will be evaluated based on Selection Criteria in Section D, and ranked in accordance with the Award Criteria as defined in Section M, to select the firm best suited to provide these services to the SMCG based on this RFP. SECTION C - SCOPE OF SERVICES C-1
OPERATION OF INMATE COMMISSARY The Contractor will provide a commissary service for inmates offering a varied selection of items and quality name brand products to include snacks, candy, stationery, articles of clothing, personal hygiene items, inmate telephone system minutes, etc. subject to approval by the Contracting Officer’s Representative (COR).
C-1.1
Electronic Submission via Kiosk Technology: The Contractor shall provide kiosk technology for commissary and inmate telephone time ordering, access to inmate account information, sick call sign-up, grievance submission, inmate email, photos, review of inmate phone charges and call history, media players and law library, as well as other technological advances, as part of the overall proposal for electronic submission of commissary. All kiosk functions shall be fully implemented and functioning at beginning of the Contract. At a minimum the Contractor will provide the following kiosks: Deposit Kiosks: a. Lobby - deposits by family and friends. b. Booking - deposit of monies by inmates and detainees. Total Number of Deposit Kiosks Commissary Kiosks: a. Booking b. Medical Holding c. Pod A d. Pod B e. Pod C f. Pod D g. Pod E h. Work Release i. Work Incentive j. Segregation l. Isolation k. Indoor Recreation Area Total Number of Commissary Kiosks 2
Quantity 1 1 2 Quantity 1 1 2 6 6 4 2 2 1 1 1 1 28
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While electronic submission of the commissary is required, the Contractor shall be responsible for providing “hard copy” commissary request forms to the inmate population for reference. Upon award, the Contractor shall provide St. Mary’s County Detention Center with a copy of the Contractor’s commissary operating procedures and inmate commissary rules and regulations for placing and receiving commissary orders. C-1.2
Electronic Submission Not Available: In the event the electronic submission of commissary is not possible (power outage, etc.), the Contractor shall be responsible for providing inmate commissary forms, distribution and collection of commissary forms, data entry of commissary forms, problem resolution and delivery of commissary to inmates. At no time are Corrections Division Personnel involved in any facet of the commissary process.
C-1.3
Off-site Operations: Commissary operations shall be conducted off-site but must be coordinated to ensure delivery at least once each week by the Contractor. All orders will be pre-filled in presealed bags and delivered to the facility. The Contractor must accommodate evening and weekend delivery hours. The delivery schedule to the inmate population is approved by the COR. At no time will Corrections Division Personnel be involved in the delivery of commissary orders. The Contractor will be responsible for supplying the equipment, i.e., carts, etc. needed to deliver the commissary orders to the facility housing areas/offenders.
C-1.4
Delivery: The delivery personnel shall deliver the commissary orders to the inmates in their approved location, in an approved bag, with a two (2) part receipt form enclosed. The offender will sign for their merchandise and will receive one (1) copy as a receipt. Merchandise shall be delivered to the offender who placed the order after the presentation of the inmate’s wristband. Merchandise cannot be left with another offender or staff member for an offender who is not present. A credit shall be issued for merchandise that is undeliverable or out-of-stock. A credit receipt shall be forwarded to the inmate via institutional mail within 48 hours of the issued credit date. Once the credits have been applied, a folder is compiled of the weekly commissary packing slip, credit slips, indigent kit slips and original receipt. The folder is forwarded to the COR.
C-1.5
Commissary Menu: The Contractor will have a variety of commissary products available to inmates to include the following: hygiene products, stationery materials to include indigent mail supply packs in accordance with facility policy, greeting cards and envelopes, food items, games and limited clothing items to include white clothing items, religious clothing items (Kufi) and slip on footwear. Products should be geared to service a diverse and ethnic male and female population. The Contractor should also include healthy food product options. For security reasons, the Contractor must have the ability to immediately delete items from the menu and pending deliveries of items identified as a possible security threat. Contractors shall submit with their proposal a list of all items they can provide offenders. All items shall include an item description, manufacturer, product size, weight and the cost to the inmate. Failure to include any or all of this information shall be considered a failure to comply with the RFP specifications.
C-1.6
Commissary Product Specifications: The following limitations shall apply to commissary items: -
All food items shall be wrapped/packaged and dated for individual consumption; All containers shall be made of non-breakable materials and be suitable for a high security institution; No product shall contain any foil packaging; 3
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No products shall contain irritants or chemicals which can be used to harm others such as capsaicin or bleach; No products shall contain chemicals which can be mixed with other products to create chemical reactions and/or poisons; No product shall be packaged in metal or glass; No product shall contain alcohol or any Controlled Dangerous Substance (CDS-based chemical); No product shall contain tobacco; Products must be non-perishable. All clothing products must be of satisfactory quality and free from manufacturing defects. Where possible, all personal hygiene items shall be packaged in clear (see through) containers and product contents shall be clear (see through).
The COR must approve any exceptions to the above. C-1.7
Individual Inmate Restrictions: The Contractor’s ordering system must be able to address individual item exclusions for individual inmates.
C-1.8
Medical/Diabetic/Segregated Restrictions: The Contractor’s ordering system must have the ability to recognize and limit commissary items to inmates that are identified as having special requirements.
C-1.9
Indigent Kits: Inmates in the facility who have had a balance of less than $2.00 in the inmate’s commissary account for five (5) consecutive days are eligible for an indigent kit. In order to minimize cost, the products included in the kits shall be generic and provided at cost. Inmates shall be able to order the kit through the commissary kiosk. At a minimum, the indigent kit shall include one (1) writing tablet (5” x 7”), one (1) golf pencil, one (1) flexible security pen, one (1) deodorant stick (.50 oz) and one (1) shampoo (4 oz).
C-1.10 Admission Kits: At intake, each inmate receives an admission kit. In order to minimize costs, the products included in the kits shall be generic and provided at cost. At the discretion of the COR, the admission kits may be ordered in large quantities for bulk storage at the Detention Center. The admission kits shall include one (1) comb (7”), one (1) deodorant stick (.5 oz), one (1) shampoo (4 oz.), one (1) wrapped bar deodorant soap, one (1) toothbrush (3-1/4” shorty), and one (1) toothpaste mint flavor (.85 oz). C-1.11 Commissary Limits: The facility reserves the right to set the maximum number of individual items per order per category, i.e., condiments, candy, clothing, miscellaneous, personal hygiene, phone, snacks. These amounts may be adjusted, increased or decreased during the period of the Contract. The Contractor’s system must have the ability to limit quantities on a per-category, per item, per order and per date basis. C-1.12 Product Pricing/Commission: It is the Contractor’s responsibility to set prices and operate the commissary at a profit. A percentage of the profit shall be paid to an inmate welfare fund used only for the purchase of goods and services which directly benefit the inmate population. C-1.13 Holiday Packages: The Contractor shall provide the ability for offenders to receive packages from families and relatives consisting of selected items managed and delivered by the vendor. The holiday package contents and dates will be approved by the COR.
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C-2
INMATE BANKING SYSTEM
C-2.1
The Contractor working with the St. Mary’s County Detention Center Administration will institute a complete accounting and billing banking system, which corresponds with applicable County accounting periods. The banking system shall have a comprehensive ability for debiting and crediting inmate accounts including provisions for reimbursement in the event an inmate is released prior to delivery of ordered items. The computerized system should include automated accounting, receipt issuance, check issuance, bank reconciliation and easy to read/user defined inmate account sheet and reports.
C-2.2
The inmate banking system software capabilities should include but not be limited to: -
Electronic check writing capability. Receivables/debit charges. Withdrawals. Unclaimed funds/property. Offender funds transfer capability. Offender funds in the form of debit card upon release. Ability to make deposits and transfer funds to offender accounts after receipt of money orders or other financial transactions. Ability to write checks, schedule payments and disburse funds to a variety of vendors/accounts. Reimbursement of funds to offender accounts. Cash Drawer Balancing (each shift). Bank reconciliation. Ability to make deposits to offender accounts after receipt of money orders at no additional cost to the offender or facility. Electronic notification to the designated staff and COR of deposits to the bank. Pre-paid debit cards for release. Transfer funds electronically via kiosk in lobby, on-line, Money Gram, etc.
C-2.3
The Contractor’s banking system shall have a user-friendly accounts receivable function to be utilized by the facility for the billing and collection of work release, weekender, and home detention fees. Additionally, the banking system shall have the ability to collect various other fees on a percentage basis, i.e., sick call, restitution, copier fees, dental fees, etc.
C-2.4
The Contractor shall be responsible for supplying computer hardware/software, printer cartridges, commissary forms, checks, debit card supplies and receipt paper.
C-2.5
The Contractor shall agree to an annual financial audit by a third party.
C-2.6
The bidder must describe in their proposal the capabilities of the banking software.
C-3
VIDEO VISITATION
C-3.1
The Contractor shall furnish, install, and maintain video visitation for use by inmates and visitors at the facility. The proposed system and equipment configuration is defined below: Visitation Stations: a. Visitation Stations for use by family and friends. Total Number of Stations
Quantity 12 12
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Housing Unit Stations: a. Booking b. Medical Holding c. Pod A Dayrooms 36 and 37 d. Pod B Dayrooms 2, 3, 4, 5, 6, 7 e. Pod C Dayrooms 11, 12, 13, 14, 15, 16 f. Pod D Dayrooms 5, 6, 7, 8, 9 g. Pod E Dayroom 1 and 2 h. Work Release i. Work Incentive j. Segregation l. Isolation k. Indoor Recreation Area Total Number of Housing Unit Stations
Quantity 1 1 2 6 6 4 2 2 1 1 1 1 28
Note: The above total stations are an approximate count. Upon Contract award, the Contractor would conduct a site survey and a final number of stations would be determined mutually with the COR. C-3.2
Inmate Video Visitation Instruments: The Inmate and Visitor Stations shall consist of detention grade wall mounted enclosure, LCD display, camera, and detention grade audio handset. The enclosure shall not have any openings exposed to the inmate or visitor. This includes all wiring and ventilation holes.
C-3.3
TCP/IP-Based System: The video visitation system shall be a complete TCP/IP-based system. All video and audio streams between the stations and management equipment shall be transmitted over TCP/IP/Ethernet. Systems that utilize analog audio/video matrix switching systems are not acceptable. Systems that utilize computers (PC’s, desktops, etc.) at each of the stations are not acceptable. Proposals shall include the network switching equipment necessary to connect to the existing County network. Currently the County utilizes CISCO 3560 POE’s switches.
C-3.4
Scheduling System: The system shall include a visitation scheduling, automation, and policy management solution that is technology and hardware agnostic. The system shall be able to control and automate the following standards based video conferencing H-264 and CODECS: Polycom, Tandberg, Lifesize, Vcon or any other standards based device. The system shall also provide for visitation viewing, interrupt and visitation recording. The video visitation scheduling and policy management solution must be web-based and allow the correctional facility to administer visitation sessions. The correctional facility visitation operation is based on policy. Authorized personnel must be able to quickly and easily schedule visitation sessions. The scheduling and management system must also communicate with the video hardware and automatically set-up the visitation without human intervention. The video visitation system shall allow web-based visitation scheduling for the “Public” utilizing any standard browser; web-based scheduling (Intranet) for the “Staff” utilizing any standard browser; and Web-Based (Internet) “Public” registration. Bidder should consider the usage of Kiosk based scheduling and registration wherein a visitor can simply swipe their driver’s license into the kiosk and begin scheduling or to automatically register first time visitors. 6
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C-3.4
Web-based “Public” GUI: Scheduling system must conduct all conflict checking and only display times that are available; display scheduled pending visits; provide visitors with checkbox acknowledging they agree to the terms and conditions of the Detention Center’s Visitation Policy. Web-based scheduling system must send an email to the visitor when a visit is scheduled, cancelled, or modified.
C-3.5
Visitor List: System must be capable of being configured to utilize an “approved visitor list” rather than open visits. System must allow different housing unit to have a different number of visitors on the inmate’s approved visitor list. The system will provide two (2) separate visual warning messages on each visitation monitor to inform the inmate and visitor that their visit will be ending in “XX” minutes. These messages will be configurable and determined by the detention center. The system must be able to provide the following restrictions: Specific visitors or inmates from visitation; specific visitors from inmates, inmate from visitors, and visitor/visitor relations. Provides an audit trail of all activity for specific visit, i.e., who scheduled, added visitor, modified or cancelled.
C-3.6
Visitation Cancellation Module: Provide a visitation email and voice mail cancellation module. When a pre-arranged visit in the system is cancelled, the system shall automatically dial out (via a dedicated analog phone line) to the visitor and play a pre-recorded message letting them know that one or more of their visits has been cancelled. In addition an email will also be sent to the visitor.
C-3.7
Remote Visitation: The system must have the ability for remote visitation wherein visitors can visit at the detention center from their home computer; attorneys can visit from their office computer, with remote users connecting through a secure firewall with off the shelf software, i.e., Skype, Netmeeting, PolycomPVS, VCONN and Camera.
C-3.8
Document Collaboration: The system shall have the capability to connect in real time to any county, state or federal document collaboration software with electronic signature.
C-3.9
Investigative Capabilities: The Contractor’s system shall have recording and monitoring capabilities for side-by-side audio and video of both parties to a visitation as well as real time monitoring of live video visitation sessions. The system shall have long term storage of recorded files for any length of time. The Video Visitation System shall provide for real-time viewing and interrupt of the visitations from ANY PC on the network as long as the user has authority. Provide a visitation recording system that is capable of recording any Inmate/Visitor connection combination. The system shall provide digital and audio recording for all visitation sessions (except those prohibited by law or an authorized user), with both the inmate and visitor sides.
C-4
PERSONNEL The Contractor shall recruit, hire and train sufficient staff to support the requirements of this Contract. All proposals submitted pursuant to this solicitation must contain a full and complete staffing matrix and organizational chart inclusive of all corporate positions affecting this Contract. 7
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Access to the St. Mary's County Detention Center is contingent upon the Contractual employee's ability to pass a background investigation conducted by the St. Mary's County Sheriff's Office. The St. Mary's County Sheriff's Office reserves the right to deny access to any Contractual employee who demonstrates a potential threat to the safety, order or security of the facility or its occupants. It is not the St. Mary’s County Sheriff’s Office intention to infringe upon any employee’s personal freedoms; however, it is within the Sheriff’s prerogative to govern the actions and appearance of employees in so far as they impact the efficient operations of the St. Mary’s County Detention Center. As such, personal appearance will be in conformance with St. Mary’s County Sheriff’s Office policy and procedure. C-5
SECURITY All employees in the service of the Contractor shall satisfy and fully comply with all rules and regulations and security procedures required by the Corrections Division of the St. Mary’s County Sheriff’s Office. The Contractor shall remove from participation in this Contract any person who fails to satisfy the safety and security interest of the St. Mary’s County Government/Sheriff’s Office. The St. Mary’s County Detention Center will issue a photo identification card and require it to be worn by the Contractor’s employees whenever they are present at the facility. The Contractor shall return identification cards within one (1) day for staff no longer on-site or for staff removed from the premises.
C-6
INFORMATON SYSTEM REQUIREMENTS
C-6.1
Interface: In order to avoid redundant data entry and the potential for data entry errors into different or multiple computer systems, the Contractor must develop and/or provide Common Off-the-Shelf Software and maintain an electronic software interface capable of exchanging related information between the St. Mary’s County Detention Center offender/jail management system, video visitation, the inmate telephone system, and the commissary system. Related information includes but is not limited to: • admission data, • offender identification, • demographics, • population movement, • housing location, • offender status, • release information, • purchase information, • purchase history, and • other information as the facility deems necessary to maintain. The electronic interface shall have the capability to exchange information on an ongoing basis as account information changes or offender information is updated. All costs associated will be the responsibility of the awarded Contactor. Bidders shall include with their proposal a description of the approach to be utilized to accomplish the development and implementation of the interface. The Bidder must specify in their Technical Proposal the minimum bandwidth for their proposed commissary system interface. 8
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C-6.2
Network Configuration: The Contractor’s equipment and hardware/software must comply with the Department of Emergency Services and Technology (EST) network configuration.
C-6.3
Hardware/Software: The Contractor shall provide all hardware and software to include servers, storage, switches, and blades/modules, back-up and work stations. In order to facilitate comparisons of equipment and software that may not be familiar, bidders must include in their proposal all specifications, literature and operating manuals for the proposed system and/or components. Only hardware and software approved by the County’s Department of Emergency Services and Technology is acceptable.
C-6.4
Account Files and Data: All account files, data and/or any other documentation created, generated, and/or produced for the purpose of this Contract will remain the property of the St. Mary’s County Sheriff’s Office – Corrections Division. Offender account services data is owned by the Corrections Division and must be left in a usable format for the Corrections Division upon the end of the Contract. Bidders shall include in their proposals a description of the approach for providing the required data upon end of the Contract. Bidders shall include a detailed description of the features of the account management system to be used and any other software components included with the services included with their proposal.
C-6.5
Desktops: The Commissary/Banking System/Video Visitation shall have the ability to reside on multiple desktops for users. Bidders shall include in their proposals a complete listing of the Contractor’s hardware to be left onsite, i.e., kiosks, computers, printers, check writing printers, debit card machines, etc.
C-6.6
Investigative: The Contractor shall provide Investigative software to link technology for review and investigative purposes to determine relationships between those on the outside communicating with inmates.
C-7
SYSTEM SUPPORT The Contractor shall provide the following services: 1. Be available to respond to any system software problem 24 hours a day, seven (7) days per week. 2. Provide maintenance for all Contractor owned/leased equipment as reasonably required or upon notification of Corrections Division Staff. 3. Respond to notification(s) from Corrections Division Staff to provide repairs for all Contractor owned/leased equipment within 24 hours of notification. 4. Provide repair(s) to all Contractor owned leased equipment within 24 hours of notification. The Contractor shall provide written documentation to the COR as to the nature of the problem and expected time for the repair(s). 5. Provide a toll-free support number accessible to staff 24 hours a day, 365 days a year to address any issues or problems that may arise. 6. If applicable, the Bidder shall provide with their proposal, a letter from their maintenance contractor for any leased equipment indicating the contractor’s ability to fulfill the 9
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maintenance requirements. Additionally, the letter shall state the contractor’s ability to monitor and receive calls 24 hours a day, 7 days a week for the duration of the Contract. 7. In the event of a major failure, i.e., system failure, any one of the system’s major functions ceases to operate, the response time to make the repair(s) will be within four (4) hours following the notification of failure. SECTION D - SELECTION QUALIFICATIONS & FORMAT QUALIFICATIONS: The successful bidder shall have demonstrated the capability in the following areas: •
•
• • • • •
Experience in providing inmate commissary services, banking systems, and video visitation services with kiosk applications similar in size and scope of the St. Mary’s County Detention Center. Proven track record of these services, with a minimum of three (3) accounts for correctional facilities housing over 200 inmates, in which the Bidder has provided inmate commissary/banking services and video visitation. The Bidder must be organized for the purpose of providing correctional commissary service. Warehouse should have security measures in place to prevent the introduction of contraband, i.e., receiving, packaging, and shipping areas under video surveillance. Bidder shall conduct pre-employment drug tests and background checks on all employees. The Bidder must have detention grade kiosks and video visitation stations with the capabilities as outlined in Sections C-1 through C-3. Bidder must have qualified staff.
It is required that each firm shall submit a proposal that addresses all specific information detailed below. Major areas shall be outlined in the proposal in sequential order corresponding to selection criteria. FORMAT: D-1
Company Information: 1. Name of Firm 2. Address of Firm 3. Telephone, Fax Numbers, and Email Addresses 4. Primary Contact Telephone and Correspondence
D-2
Brief History of Firm: Written narrative to include but not limited to: 1. Size of Firm/Staff 2. Years in Business 3. Organizational Chart of Firm 4. Provide professional staffing levels over the past three (3) years in the areas of commissary, inmate banking systems and video visitation.
D-3
Project Team Background: Key personnel’s professional qualifications and experience. 1.
Project Team: a) Principal in Charge b) Key staff members 10
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c) Specialized personnel or sub-contractors. d) Role of each team member assigned to St. Mary’s County Detention Center project 2.
D-5
Resumes of Team Members a) Name b) Office Location c) Years of Service with Firm d) Education e) Professional Experience
Project Experience: Provide a brief description of your firm’s background, its capabilities, and nature of services routinely provided by your firm of contracts of this size. • • •
Client Name and Location Project Start and Completion Date Role of the Firm and the Responsibilities
D-6
References: Provide a minimum of five Detention Center specific references to contact which include name of client, contact person and current phone number, detention facility name, brief description of service performed, date of services, total contract amount, and any other pertinent information regarding experience. Use Attachment J-3.
D-7
Project Understanding and Approach: Provide a written plan to demonstrate understanding and approach/methodology of the scope of work addressing: • • • • •
Commissary Services Banking Systems Video Visitation Computer Hardware/Software Technical Support
Proposals shall include detailed descriptions of the services to be provided to include photographs, schematics, etc. The County is seeking an off-the-shelf product to address the above, but will entertain other options. D-8
Unique Qualifications: Provide any additional information about your firm that you feel would be of value to the County in the selection process. Include a narrative that demonstrates understanding of the County’s potential problems, unique issues, and special concerns with respect to inmate commissary services, banking systems and video visitation. State the reasons why your firm should be selected by the County to assist the County in addressing these issues or special concerns.
D-9
Cost: Separately Sealed Cost Proposal containing: 1. Commissary Revenue: The commission rate to be returned to the St. Mary’s County Detention Center Inmate Welfare Fund, as well as the methods of calculating the monies returned. All offers shall be in the form of percentage of sales. Include inmate menu pricing for commissary. A sample commissary list with price of items on list provided (see attachment J-10). 11
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2. Indigent Kit price for products as outlined in Section C-1.9. 3. Admission Kit price for products as outlined in Section C-1.10. 4. Video Visitation Revenue: The commission rate to be returned to St. Mary’s County Detention Center Inmate Welfare Fund, as well as methods of calculating the monies returned. Include inmate and/or family/friends pricing (cost fee chart) for video visitation. SECTION G - CONTRACT ADMINISTRATION G-1
APPOINTMENT OF CONTRACTING OFFICER'S REPRESENTATIVE The following individual is appointed as the Contracting Officer’s Representative (COR): Mary Ann Thompson, Support Services St. Mary’s County Sheriff’s Office/Corrections Division PO Box 960 Leonardtown, MD 20650 (301) 475-4200 X2276 No authority to modify any provisions of this Contract is granted. Any deviation from the terms of the Contract must be submitted for contractual action to the following Contracting Officer: Randy Burns, CPPB, Procurement Manager SMCG Office of Procurement PO Box 653 Leonardtown, MD 20650 (301) 475-4200 X1223 Contract number shall be used on all documents and correspondence concerning this Contract. After award, all correspondence shall be coordinated through the COR, with a copy to St. Mary’s County Office of Procurement, P. O. Box 653, Leonardtown, MD 20650.
G-2
CONTRACTOR'S INVOICE The Contractor shall submit an original and one copy of their invoice upon completion and acceptance by the government to: Support Services Coordinator St. Mary’s County Detention Center 41880 Baldridge Street Post Office Box 960 Leonardtown, MD 20650 Invoices shall contain the minimum information as follows: a. b. c. d. e. f.
Name of Contractor. Contract Number. Invoice Date. Weekly Total Sales. Amount of refunds credited by the vendor. Amount of noncommissioned sales. 12
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g. h. i. G-3
Quantity and amount owed to vendor for indigent hygiene kits. Amount of commission owed to the Inmate Welfare Fund. Itemized report (summary) of all sales to verify the invoice submitted for payment.
COMPENSATION / PAYMENT TO CONTRACTOR Contractor shall invoice St. Mary’s County Detention Center weekly with monthly statements, for services provided. Only those services defined in the solicitation/Contract which are mutually agreed upon in the executed Contract and accepted by the Contracting Officer may be billed or paid. The St. Mary’s County Government assumes no responsibility and no liability to Contractor prior to any Contract modification.
G-4
PERIOD OF PERFORMANCE This Contract is for a base year, with two (2), one (1) year options renewable by mutual agreement on the anniversary date.
SECTION H – SPECIAL CONTRACT REQUIREMENTS H-1
INSURANCE REQUIREMENTS The Contractor shall be required to maintain in force insurance as described below and approved by the St. Mary’s County Government for the duration of the Contract. Insurance coverage shall be a project specific or occurrence based policy. Claims Made policies are not acceptable. Proof of acceptable insurance shall be required prior to Contract award, and shall be maintained in full force for duration of Contract. The policies shall stipulate that the insurance coverage shall not be changed or canceled unless the insured and the Contracting Officer are notified in writing and approve the change not less than fifteen (15) days prior to such a change or cancellation. Commissioners of St. Mary’s County, in the State of Maryland, shall be named as an additional insured for Automobile Liability, Fire and Vandalism, and General Liability coverage. County/State entities are not named as additional insured for Worker Compensation and Professional Liability coverage. H-1.1 WORKER COMPENSATION INSURANCE At a minimum, the Contractor shall carry the proper amount of Workmen's Compensation Insurance required under the laws of the State of Maryland. H-1.2 AUTOMOBILE LIABILITY INSURANCE The Contractor shall purchase and maintain during the life of this Contract, the proper amount of comprehensive automobile liability insurance in the amount of $1,000,000 per each occurrence for each vehicle used in any way to complete the Work, as required under the laws of the State of Maryland whether vehicle is registered in Maryland or not. H-1.3 COMPREHENSIVE GENERAL REQUIREMENTS The Contractor shall purchase and maintain during the life of this Contract the following Comprehensive General Liability insurance: A. $2,000,000.00 Annual Aggregate; B. $1,000,000.00 per Occurrence; 13
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C. $1,000,000.00 Products and Completed Operations; D. $1,000,000.00 Personal and Advertising Injury. H-2
CERTIFIED COPIES Certified copies of all insurance policies or certification of such insurance shall be delivered to the Contracting Officer within fifteen (15) calendar days after receipt of the Notice-of-Intent to Award letter. All such insurance policies shall be kept in full force and effect by the Contractor during the course of the Contract including any exercised option years.
H-3
NO INDIVIDUAL LIABILITY No elected official, appointed official, employee, public servant, agent or law enforcement officer shall be held personally liable under this Contract and any extension or renewals thereof because of its enforcement or attempted enforcement provided they are acting within the course and scope of their employment or governmental duties and responsibilities.
H-4
SEVERABILITY In the event that any portion of this solicitation/Contract is found to be unconstitutional, illegal, null or void, by a court of competent jurisdiction, it is the intent of the Board of County Commissioners to sever only the invalid portion or provision, and that the remainder of the solicitation/Contract shall be enforceable and valid, unless deletion of the invalid portion would defeat the clear purpose of the solicitation/Contract (ordinance), or unless deletion of the invalid portion would produce a result inconsistent with the purpose and intent of the Board of County Commissioners in entering into this solicitation/Contract.
H-5
SOVEREIGN IMMUNITY By entering into this Contract, the County and its “employees”, as defined in the Local Government Tort Claims Act, §§ 5-401 et seq. of the Courts and Judicial Proceedings Article, do not waive sovereign immunity, do not waive any defenses and do not waive any limitations of liability as may be provided for by law. No provision of this Contract modifies and/or waives any provision of the Local Government Tort Claims Act.
H-6
SUFFICIENT APPROPRIATIONS The County’s financial obligations, if any, under this Contract are contingent upon sufficient appropriations and authorization being made by the County for the performance of this Contract. The County’s decision as to whether sufficient appropriations are available shall be accepted by the other party or parties to this Contract, and shall be final.
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THIRD PARTY BENEFICIARY It is specifically agreed between the parties executing this solicitation/Contract that it is not intended by any of the provisions of this Contract to create in the public or any member thereof, third party beneficiary status in connection with the performance of the obligations herein without the written consent of the County and not-withstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof in fulfilling the obligations of this Contract.
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PART II SECTION I: CONTRACT CLAUSES This solicitation/Contract incorporates the following clauses which shall be applicable to this solicitation and will be part of any subsequent Contract: I-1
OFFICIALS NOT TO BENEFIT No County Commissioner or other elected Official of St. Mary's County shall be admitted to any share or part of this Contract or to any benefit arising from it. However, this clause does not apply to this Contract to the extent this Contract is made with a corporation for the corporation's general benefit provided the Official is not a major shareholder.
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INDEPENDENT PRICING "THE OFFEROR CERTIFIES that: a. The prices in this offer have been arrived at independently without, for the purpose of restricting competition, any consultation, communication or agreement with any other offeror or competitor relating to these prices; b. The prices in this offer have not been nor will be disclosed knowingly directly or indirectly to any other offeror or competitor before bid opening or contract award unless otherwise required by Law; and c. No attempt has been made or will be made by the offeror to induce any other concern or individual to submit or not to submit an offer for the purpose of restricting competition.
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CONTRACTOR GRATUITIES TO COUNTY PERSONNEL "GRATUITIES": a. The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the Procurement Officer or a designee determines that the Contractor, their agent or representative: (1)
Offered or gave a gratuity (entertainment or gift) to an Officer, Official or employee of the County.
(2)
Intended by the gratuity to obtain a contract or favorable treatment under a contract.
(3)
The facts supporting this determination may be reviewed by any court having lawful jurisdiction.
If this Contract is terminated under paragraph 1 above, the County is entitled to pursue the same remedies as in a breach of the Contract. I-4
TERMINATION FOR GRATUITIES a. The County may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this Contract if it is found, after notice and hearing, by the Procurement Office that Gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the 15
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Contractor, or any agent or representative of the Contractor, to any Officer or Employees of the County with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of such contract; provided that the existence of the facts upon which such findings are made shall be in issue and may be reviewed in any competent Court. b. In the event this Contract is terminated as provided in paragraph (a) hereof, the County shall be entitled:
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(1)
To pursue the same remedies against the Contractor as it could pursue in the event of breach of the Contract by the Contractor, and;
(2)
As a penalty in addition to any other damages to which it may be entitled by Law, to exemplary damages in an amount which shall be not less than three nor more than ten times the costs incurred by the Contractor in providing such Gratuities to any such Officer and Employee.
(3)
The rights and remedies of the County provided in this Clause shall not be exclusive and are in addition to any other rights and remedies provided by Law or under this Contract.
CONTINGENT FEES A contingent fee is any commission, percentage, brokerage or other fee that is contingent on the success that a person or firm has in securing a contract with St. Mary's County. Improper influence is defined as any influence that induces a County contract on any basis other than the merits of the matter. COVENANT AGAINST CONTINGENT FEES a. The Contractor warrants that no person or agency has been employed or retained to solicit this Contract upon an agreement or understanding for a contingent fee except a bona fide employee or agency. For breach or violation of this warranty, the County shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or otherwise recover the full amount of the contingent fee. b. "Bona fide Agency" as used in this clause means an established commercial or selling agency maintained by a Contractor for the purpose of securing business, that neither exerts or proposes to exert improper influence to solicit or obtain County contracts nor holds itself out as being able to obtain any County contract through improper influence. c. “Bona fide Employee" as used in this clause means a person employed by a Contractor and subject to the Contractor's supervision and control as to time, place and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain County contracts nor holds out as being able to obtain any County contract through improper influence. d. "Contingent Fee" as used in this clause means any commission, percentage brokerage or other fee that is contingent upon the success that a person or concern has in securing a County contract.
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e. "Improper Influence" as used in this clause means any influence that induces a County employee to give consideration or to act regarding a County contract on any basis other than the merits of the matter. I-6
I-7
DISPUTES I-6.1
Except as otherwise provided in this Contract, any Dispute concerning a question of fact arising under this Contract which is not disposed of by agreement, shall be decided by the Contracting Officer shall be final and conclusive unless within 30 days from the receipt of such Decision the Contractor furnishes to the Contracting Officer a written appeal addressed to the Procurement Officer. The Decision of the Procurement Officer or a duly authorized representative for the determination of such appeals shall be final and conclusive. This provision shall limit Judicial review of any such Decisions in cases where fraud by such Official or the representative of such Official is alleged; provided, however, that any such Decision shall be final and conclusive unless the same is fraudulent, capricious or arbitrary, or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this Clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.
I-6.2
Pending final decision of a Dispute hereunder, The Contractor shall proceed diligently with the performance of the Contract and in accordance with the Contracting Officer's decision.
I-6.3
This Disputes Clause does not preclude consideration of questions of Law in connection with Decisions provided for in paragraph I-6.1 above. Nothing in this Contract, however, shall be construed as making final the Decision of any Administrative Official or representative on a question of Law.
EXTRAS Except as otherwise provided in this Contract, no payment for Extras shall be made unless such Extras, and the price therefore, have been authorized in writing by the Contracting Officer.
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ASSIGNMENT OF CLAIMS a. The Contractor may assign its rights to be paid amounts due or to become due as a result of the performance of this Contract to a bank, trust company, or other financing institution. The assignee under such an assignment may thereafter further assign its right under the original assignment to any type of financing institution. b. Any assignment or reassignment under this Clause shall cover all unpaid amounts payable under this Contract, and shall not be made to more than one party, except, that the one party to whom assignment or reassignment is made may act as agent or trustee for two or more parties participating in the financing of this Contract.
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LATE BIDS, MODIFICATIONS OR WITHDRAWAL OF BIDS a. Any Bid received at the office designated in the Solicitation after the exact time specified for receipt will not be considered unless:
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(1)
it was sent by registered or certified mail not later than the fifth calendar day prior to the date specified for Bid receipt, or
(2)
it was sent by mail and the County determines that late receipt was due solely to mishandling by the County after it was received. a. Any modification or withdrawal of Bids is subject to the same conditions as in (a) above. A Bid may be withdrawn by a Bidder or authorized representative but only if the withdrawal is made prior to the exact time set for the receipt and opening of Bids. b. The only acceptable evidence to establish mailing date of a dated Bid, modification, or withdrawal is a postmark (exclusive of a postage meter) legibly affixed by an employee of the U.S. Postal Service.
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EQUAL OPPORTUNITY During the performance of this Contract, the Contractor certifies that it shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin and that this policy shall be included in all solicitations or advertisements for employees during the term of this Contract.
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COUNTY-FURNISHED PROPERTY A.
The County shall deliver to the Contractor, for use only in connection with this Contract, the property described in the Schedule or Specifications, at the times and locations stated therein. If the County-furnished property, suitable for its intended use, is not so delivered to the Contractor, and, if the facts warrant such action, the Contracting Officer may equitably adjust any affected provision of this Contract pursuant to the provisions of the "Changes Clause" hereof.
B.
Title to County-furnished property shall remain with the County. The Contractor shall maintain adequate property control records of the property furnished by the County in accordance with sound industrial practice.
C.
Unless otherwise provided in the Contract, the Contractor, upon delivery to them of any County-furnished property, assumes the risk of, and shall be responsible for, any loss thereof or damage thereto except for reasonable wear and tear, and except to the extent that such property is consumed in the performance of the Contract.
D.
The Contractor shall, upon completion of this Contract, prepare for shipment or dispose of all County-furnished property not consumed in the performance of this Contract, as may be directed or authorized by the Contracting Officer. If not delivered to the County, the net proceeds of any disposal shall be credited to the Contract price or paid in such other manner as the Contracting Officer may direct.
UNNECESSARILY ELABORATE CONTRACTOR PROPOSALS Unnecessarily elaborate brochures or other presentations beyond that sufficient to complete and effective proposal are not desired and may be construed as an indication of the offeror's lack of cost consciousness. Elaborate art work, expensive paper and bindings and expensive visual and other presentation aids are neither necessary nor wanted. 18
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SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS Any Sub-Contractors and outside Associates and Consultants required by the Contractor in connection with the services covered by this Contract will be limited to individuals or firms that were specifically identified and agreed to during negotiations. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these Sub-Contractors, Associates and Consultants.
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FEDERAL, STATE, AND LOCAL TAXES A. Except as may be otherwise provided in this Contract, the Contract price includes all applicable Federal, State, and Local Taxes and Duties. The Contractor, and not the County, shall be responsible for payment of all Taxes, including Sales and Use Taxes that are imposed on the Contractor. The Contractor understands that the County is exempt from Taxes and that the Contractor is not entitled to the benefit of, and cannot claim exemption under, any Tax Exemption to which the County is entitled. B. Nevertheless, with respect to any Federal Excise Tax or Duty on the transactions or property covered by this Contract, except as provided at subpart C below, if a Statute, court decision, written ruling, or Regulation takes effect after the Contract Date, and: 1. results in the Contractor being required to pay or bear the burden of any such Federal Excise Tax or Duty or increase in the rate thereof which would not otherwise have been payable on such transactions or property as of the Contract date, the Contract price shall be increased by the amount of such Tax or Duty or rate increase actually paid by the Contractor, provided the Contractor warrants in writing that no amount for such newly imposed Federal Excise Tax or Duty or rate increase was included in the Contract price as a contingency reserve or otherwise; or 2. results in the Contractor not being required to pay any such Federal Excise Tax or Duty which would otherwise have been payable on such transactions or property as of the Contract date or which was the basis of an increase in the Contract price, the Contract price shall be decreased by the amount of the relief refund, or drawback, or that amount shall be paid to the St. Mary's County Government. The Contract price shall be similarly decreased if the Contractor, through its fault or negligence or its failure to follow instructions of the St. Mary's County Government, is required to pay or bear the burden of, or does not obtain a refund or drawback of, any such Federal Excise Tax or Duty. C. Paragraph (B) above shall not be applicable to Social Security Taxes or to any other Employment Tax. D. No adjustment of less than $100 shall be made in the Contract price pursuant to paragraph (B) above. E. As used in paragraph (B) above, the term "Contract Date" means the date set for bid opening, or if this is a negotiated contract, the Contract Date. As to additional supplies or services procured by modification to this Contract, the term "Contract Date" means the date of such modification.
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F. The Contractor shall promptly notify the St. Mary's County Government of matters which will result in either an increase or decrease in the Contract Price, and shall take action with respect thereto as directed by the St. Mary's County Government. I-15
DEFAULT a. The County may, subject to paragraph c. and d. below, by written notice of Default to the Contractor, terminate the Contract in whole or in part of the Contractor fails to: (1)
Deliver the supplies or to perform the service within the time specified in the Contract or any extension;
(2)
Make progress so as to endanger performance of this contact;
(3)
Perform any of the other provisions of this Contract.
The County's right to terminate this Contract under sub-paragraphs (2) and (3) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure. b. If the County terminates this Contract in whole or in part, it may acquire, under the terms and in the manner of Contracting Officer considers appropriate, supplies or services. However, the Contractor will continue the Work not terminated. c. Except for defaults of Sub-Contractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God; acts of the County in either its sovereign or contractual capacity; fires, floods; strikes; freight embargoes; or unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. d. If the failure to perform is causes by the default of a Sub-Contractor at any tier, and if the cause of the default is beyond the control of both the Contractor and Sub-Contractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the sub-contracted supplies or services were obtainable from other sources in sufficient time for Contractor to meet the required delivery schedule. e. If this Contract is terminated for Default, the County may require the Contractor to transfer title and deliver to the County, as directed by the Contracting Officer, any completed or partially completed supplies and materials, parts, tools, plans, drawings, information and contract rights (collectively referred to as "manufacturing and materials" in this Clause) that the Contractor has specifically produced or acquired for the Terminated portion of this Contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the County has an interest. f.
The County shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for component materials delivered and accepted. Failure to agree shall be a Dispute under Dispute Clause. The County may withhold from amounts to be paid, any sum the Contracting Officer 20
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determines to be necessary to protect the County against loss because of outstanding liens or claims of former lien holders. g. If, after Termination, it is determined that the Contractor was not in Default, or that the Default was excusable, the rights and obligations of the parties shall be the same as if the Termination had been issued for the Convenience of the County. h. The rights and remedies of the County in this Clause are in addition to any other rights and remedies provided by Law or under this Contract. I-16
CHANGES a. The Contracting Officer may at any time by written order and without notice to the sureties, if any, make changes within the general scope of this Contract in any one or more of the following: 1. Drawings, designs or specifications when the supplies to be furnished are to be specially manufactured for the County in accordance with drawings, designs or specifications. 2. Method of shipment or packing. 3. Place of delivery. b. If any such change causes an increase or decrease in the cost of, or the time required for performance of any part of the Work under this Contract, whether or not changed by the order, the Contracting Officer shall make equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the Contract. c. The Contractor must submit any "proposal for adjustment" under this Clause written 30 days from the date of receipt of the written order. d. Failure to agree to any adjustment shall be a dispute under the Disputes Clause. However, nothing in this Clause shall excuse the Contractor from proceeding with the Contract as changed.
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TERMINATION FOR CONVENIENCE I-17.1 The County may terminate performance of the Work under this Contract in whole, or, from time to time, in part, if the Contracting Officer determines that a termination is in the County’s best interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of terminations and the effective date. I-17.2 After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall proceed immediately with the following obligations, regardless of any delay in determining any amounts due under this Clause: A.
Stop Work as specified in the Notice of Termination.
B.
Place no further subcontracts or Orders (referred to as subcontracts in this Clause) for materials, services, or facilities, except as necessary to complete the continued portion of this Contract. 21
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C.
Terminate all subcontracts to the extent they relate to the Work terminated.
D.
Assign to the County, as directed by the Contracting Officer, all right, title, and interest of the Contract under the subcontracts terminated, in which case the County shall have the right to settle or to pay any termination settlement proposals arising out of those terminations.
E.
With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities arising from the termination of subcontracts; the approval of ratification will be final for purposes of this Clause
F.
As directed by the Contracting Officer, transfer title and deliver to the County parts, Work in progress, completed Work, supplies, and other material produced or acquired for the Work terminated, and the completed or partially completed plans, drawings, information, and other property that, if the Contract had been complete, would be required to be furnished to the County,
G.
Complete performance of the Work not terminated.
H.
Take any action that may be necessary or that the Contracting Officer may direct, for the protection and preservation of the property related to this Contract that is in the possession of the Contractor and in which the County has or may acquire an interest.
I.
Use its best efforts to sell, as directed by the Contracting Officer, any property of the types referred to in subparagraph (F) above. The proceeds of any disposition will be applied to reduce any payments to be made by the County under this Contract.
I-17.3. The Contractor shall submit a list to the Contracting Officer, certified as to quantity and quality, of termination inventory not previously disposed. Within fifteen (15) calendar days, the County will accept title to those items and either remove them or enter into a storage agreement with the Contractor. I-17.4 After termination, the Contractor shall submit a final termination settlement proposal to the Contracting Officer in the form and with the certification prescribed by the Contracting Officer. The Contractor shall submit the proposal promptly, but no later than one (1) year from the effective date of the Termination Notice. If the Contractor fails to submit the proposal within the time allowed, the Contracting Officer may determine the amount due the Contractor, and shall pay the amount determined. I-17.5 The Contractor and the Contracting Officer may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a reasonable allowance for profit on Work done, but the agreed amount shall not exceed the total Contract price as reduced by the amount of previous payments and the Contract price of the Work not terminated. The Contract shall be amended and the Contractor paid the agreed amount. I-17.6 If the Contractor and Contracting Officer fail to agree on the whole amount to be paid the Contractor because of Termination of Work, the Contracting Officer shall pay the 22
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Contractor the amount determined as follows, but without duplication of any amount agreed upon under paragraph I-17.5 above: A.
For Contract Work performed before the effective date of Termination, the total (without duplication of any items) of the cost of this Work; the cost of settling and paying any settlement proposals under subcontracts that are properly chargeable to the terminated portion of the Contract; and a sum as profit on the above, determined by the Contracting Officer to be fair and reasonable. However, if it appears that the Contractor would have suffered loss on the entire Contract had it been completed, the Contracting Officer shall allow no profit and shall reduce the settlement to reflect the indicated rate of loss.
B.
The reasonable costs of settlement of the Work terminated, including: 1. Accounting, legal, clerical and other expenses reasonably necessary for the preparation of Termination Settlement Proposals and supporting data; 2. The Termination and settlement of subcontracts (excluding the amounts of such settlements); and 3. Storage and transportation, and other costs incurred which are reasonably necessary for the preservation, protection, or disposition of the Termination inventory.
I-17.7 Except to the extent that the County expressly assumed the risk of loss, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph I-17.6, above, the fair market, as determined by the Contracting Officer, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to the County or to a buyer. I-17.8 Generally accepted accounting procedures and principles shall govern all costs claimed, agreed to, or determined under this Clause. I-17.9 Contractor shall have the right to appeal under the Disputes Clause, from any determination made by the Contracting Officer under paragraph I-17.4, I-17.6 or I-17.10, except that if the Contractor failed to submit the Termination Settlement Proposal within the time provided in paragraph I-17.4, and failed to request a time extension, there is no right to appeal. I-17.10 In arriving at the amount due to the Contractor under this Clause, there shall be deducted: A. All un-liquidated payments to the Contractor under the terminated portion of this Contract; B. Any claim which the County has against the Contractor under this Contract; C. The agreed price for the sale of materials, supplies, or other assets acquired by the Contractor under this Contract not recovered by or credited to the County. I-17.11 If the Termination is partial, the Contractor may file a Proposal with the Contracting Officer for an equitable adjustment of the price(s) of the continued portion of the Contract. The Contracting Officer shall make any equitable adjustment agreed upon. Any 23
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Proposal shall be requested by the Contractor within ninety (90) calendar days from the effective date of the Termination, unless extended by the Contracting Officer. I-17.12 Unless otherwise provided in this Contract, the Contractor shall maintain all records and documents related to the Termination portion of this Contract for three (3) years after final settlement. During that time, the Contractor shall make these records and documents available to the County, at the office of the Contractor, at no additional charge to the County. I-18
OPTION TO EXTEND SERVICES a. The County may require continued performance of any Services within the limits and at the rates stated in the Schedule. The Contracting Officer may exercise the Option by written notice to the Contractor within the period specified in the Schedule.
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INDEMNIFICATION A. To the extent permitted by law, the Contractor shall indemnify and save St. Mary’s County Government and the Board of County Commissioners for St. Mary’s County harmless from and against all actions, liability, claims, suits, damages, costs, statutory penalties, or expenses or any kind which may be brought or made against St. Mary’s County Government and/or the Board of County Commissioners for St. Mary’s County, Maryland, its agents and employees, or which St. Mary’s County Government and/or the Board of County Commissioners for St. Mary’s County, Maryland may pay or incur by reason of or in any manner resulting from injury, loss or damage to person or property and caused by the Contractor’s, or subcontractors, willful or negligent performance of or failure to perform any of its obligations under the terms of this Contract. B. Without limiting the foregoing and to the extent permitted by law, the Contractor shall indemnify St. Mary’s County Government and the Board of County Commissioners for St. Mary’s County, Maryland, its agents and employees, and hold them harmless from and against any and all actions, liability, damages, costs, statutory penalties, or expenses of any kind that may be brought or made against St. Mary’s County Government and/or the Board of County Commissioners for St. Mary’s County, Maryland, its agents and employees, or which St. Mary’s County Government and/or the Board of County Commissioners for St. Mary’s County, Maryland, its agents and employees, may pay or incur by reason of the use, release or threatened release of Hazardous Materials, or noncompliance with Environmental Laws, arising from or out of any occurrence related to the Work and related to the Contractor’s, its agent’s, employee’s, invitee’s, Contractor’s or sub-contractor’s acts or omissions on that site, or related to the Work or any defect thereof. In the event either or both St. Mary’s County Government and/or the Board of County Commissioners for St. Mary’s County, Maryland, its agents and employees are held liable, the Contractor shall hold the same harmless and shall pay all costs, expenses, damages and reasonable attorney’s fees incurred or paid by either or both St. Mary’s County Government and/or the Board of County Commissioners for St. Mary’s County, Maryland, its agents and employees, in connection with such litigation.
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CLAIMS Indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts with respect to any and all claims against the St. Mary's County Government or any 24
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of their agents or employees or any employee of the Contractor, any sub-contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. I-21
COMPLIANCE WITH APPLICABLE LAW The Offeror hereby represents and warrants that: A.
It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified.
B.
It is not in arrears with respect to payment of any monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this contract;
C.
It shall comply with all Federal, State, and Local laws, regulations and ordinances applicable to its activities and obligations under this contract; and
D.
It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this contract.
Consultants are expected to be familiar with and comply with all Federal, State, and Local laws, ordinances, codes, and regulations that may in any way affect the service offered. Ignorance on the part of the consultant will in no way relieve it from responsibility for compliance. I-22
NON-DEBARMENT Neither the Offeror nor any of its officers, directors, or any of its employees directly involved in obtaining or performing grants or contracts with public bodies has: A. B. C.
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Been convicted of bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law; or of the law of any another State or Federal law; Been convicted under State or Federal statute of any offense enumerated in § 16-230 of the State and Finance and Procurement Article of the Annotated Code of Maryland; or Been found civilly liable under State or Federal antitrust statute as provided in § 16-203 of the State Finance and Procurement Article of the Annotated Code of Maryland.
POLITICAL CONTRIBUTIONS The Offeror is aware of, and the Offeror will comply with Article 33, Sections 14-101 through 14104 of the Annotated Code of Maryland during a calendar year in which the person receives in the aggregate of $100,000 or more shall file with the State Administrative Board of Election Laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election.
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NO LOBBY FEES In accordance with § 7-221 of the State Finance and Procurement Article of the Annotated Code of Maryland, the Offeror certifies that no money has been paid or promised to any legislative agent, lawyer, or lobbyist for any service to obtain the legislation establishing or appropriating funds for the contract. 25
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I-25
FINANCIAL DISCLOSURE The Offeror is aware of, and the Offeror will comply with, the provisions of Section 13-221 of the State Finance and Procurement Article of the Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.
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VENUE This solicitation shall be governed by the laws of the State of Maryland as now and hereafter in force. The Venue for actions is fixed in the Circuit Court for St. Mary’s County, Maryland.
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INTERPRETATION OF CONTRACT: NOTICE OF AMBIGUITIES A. This written Contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties' complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the Contract will not be strictly construed against the drafter of the Contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. B. It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies and conflicts.
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SPECIFICATION INTERPRETATION Should any misunderstanding arise as to the meaning of anything contained in the specifications, the decision of the Contracting Officer shall be final and binding. Any errors or omissions in the specifications may be corrected by the Contracting Officer when such corrections are necessary for the proper fulfillment of the intent of the specifications as construed by them. In all cases of doubt as to the true meaning of the specifications, the decision of the Contracting Officer shall be final and binding upon all parties to this document and their employees, agents and Contractors.
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PAYMENTS The County shall pay the Contractor upon the submission of proper Invoices or vouchers, the prices stipulated in the Contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided for in this Contract. Unless otherwise specified in this Contract, payment shall be made on partial deliveries accepted by the County if: a. The amount due on the deliveries warrants it; or
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b. The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50% of the total contract price. I-30
INSPECTION OF SERVICES a.
Definitions. "Services" as used in this Clause includes services performed, workmanship, and material furnished or utilized in the performance of services.
b.
The Contractor shall provide and maintain an inspection system acceptable to the County covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Contracting Officer during contract performance.
c.
The County has the right to inspect and test all services called for by the contract at times and places practicable, during the term of the contract. County inspections and tests shall not unduly delay the work.
d.
If any of the services do not conform with contract requirements, the County may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the County may: 1. Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements, and 2. Reduce the contract price to reflect the reduced value of the services performed.
e.
If the Contractor fails to perform promptly the services again or take the necessary action to ensure future performance in conformity with contract requirements, the County may: 1. By contract or otherwise perform the services and charge the Contractor any cost incurred by the County that is directly related to performance of such service, or 2. Terminate the contract for default.
I-31
OPTION TO EXTEND THE TERM OF THE CONTRACT a. The County may extend the term of this contract by written notice to the Contractor within the time specified in the Schedule; provided that the County shall give the Contractor a preliminary written notice of its intention to extend at least 60 days before the contract expires. The preliminary notice does not commit the County to an extension. b. If the County exercises this Option, the extended contract shall be considered to include this Option provision. c. The total duration of this contract, including the exercises of any Options under this Clause shall not exceed thirty six (36) months.
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I-32
USE OF CONTRACT(S) BY OTHER GOVERNMENT ENTITIES A. If authorized by the bidder(s), resultant contract(s) will be extended to any or all of the listed entities as designated by the bidder to purchase at contract prices in accordance with contract terms. B. Any government entity utilizing such contract(s) will place its own order(s) directly with the successful Contractor. There shall be no obligation on the part of any participating government entities to utilize the Contract(s). C. A negative reply will not adversely affect consideration of your bid/proposal. D. It is the awarded vendor’s responsibility to notify the members shown below of the availability of the Contract(s). E. Each participating government entity has the option of executing a separate contract with the awardee. Contracts entered into with a participating jurisdiction may contain general terms and conditions unique to that jurisdiction including, by way of illustration and not limitation, clauses covering minority participation, non-discrimination, indemnification, naming the jurisdiction as an additional insured under required Comprehensive General Liability policies, and venue. If, when preparing such a contract, the general terms and conditions of a jurisdiction are unacceptable to the awardee, the awardee may withdraw its extension of the award to that jurisdiction. F. The issuing jurisdiction shall not be held liable for any costs or damages incurred by another justification as a result of any award extended to that jurisdiction by the awardee. BIDDER’S AUTHORIZATION TO EXTEND CONTRACT: 1. A GOVERNMENTAL AGENCY IN THE STATE _________________________________________________________________ Bidder Signature
SECTION J - LIST OF EXHIBITS J-1
St. Mary’s County Government, Representation and Certifications
J-2
Bidders Reference Form
J-3
Vendor Information Form
J-4
No Bid Form
J-5
Sealed Bid Sticker
J-6
Inmate Average Daily Population and Inmate Processing (Intakes, Releases, & Walk-thrus) Charts
J-7
Delivery Schedules / Commissary Contractual Staffing Levels
J-8
Commission Rate / Calculation / Revenue / Indigent Kit and Admission Kit Costs / Interfaces 28
14-DC-68669
J-9
Photographs of Current Visitor Booths
J-10
Current Commissary List / Quantity Limits
SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS K-1
REPRESENTATION, CERTIFICATION, AND OTHER STATEMENT OF OFFERORS The attached Representations and Certifications (attachment J-1) is to be completed and submitted with the bid proposal.
K-2
VENDOR REGISTRATION If selected bidder is not already registered as an active vendor in the St. Mary’s County Government Vendor Database, the Contractor shall be required to complete and submit a County Vendor Information Form (J-3) and a properly completed Internal Revenue Service W-9 form. Bidders must also register with State of Maryland on E-Maryland Market Place, and provide their Vendor Number on the Representations and Certifications Form, Attachment J-1. If the bidder is not registered and does not have an active vendor number, prospective bidder may still submit an offer. However, all required registrations must be completed prior to award of any contract. Failure to complete and provide proof of required registrations may be basis for rejection of bid if it is not supplied to County within fifteen (15) days from notice of intent to award.
SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS L-1
Bids arriving after the time and date designated for the bid submission will not be accepted and returned unopened to the Bidder/Contractor. Please allow sufficient time for the preparation and delivery of your bid. Please be aware that Federal Express does not guarantee next day delivery prior to 2:00 PM in this geographical area.
L-2
Bidders/ Contractors shall complete and secure the provided "Bid" sticker (attachment J-5) on the front exterior envelope of return bid package. The St. Mary's County Government reserves the right to reject any or all bids, without explanation, and to waiver any informalities in the bids.
L-3
L-4
Bidders shall submit an original and five (5) copies of their Technical proposal and an original and one (1) copy of their Cost proposal sealed separately by the time and date stated.
L-5
Bidders are required to submit a complete (all required forms and documents) bid package in order to be considered for award.
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SECTION M – EVALUATION FACTORS FOR AWARD M-1
AWARD CRITERIA The Evaluation Committee shall evaluate submittals using the following criteria and assigned weight factors:
AWARD CRITERIA
M-2
ASSIGNED WEIGHT
1.
OFFEROR ORGANIZATION (D-1 thru D-4)
20%
2.
QUALIFICATIONS AND EXPERIENCE (D-5 THRU D-6)
25%
3.
PROJECT UNDERSTANDING/APPROACH (D-7 thru D-8)
35%
4.
COST (D-9)
20%
AWARD OF CONTRACT Selection shall be made based on the best value to St. Mary’s County of the Bidder deemed to be the most qualified and best suited based on the evaluation factors defined in this solicitation. Price shall be considered, but will not be the sole determining factor. SMCG may cancel this RFP, reject proposals or any portion thereof at any time prior to an award, and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous. Award will be made by SMCG using St. Mary’s County standard contract forms. Funding will be authorized against purchase order(s) to be awarded against an executed Contract agreement. Administrative change orders to the Contract will be made by contract modification using St. Mary’s County standard form. Any change orders that involve changes to funding levels will also require a purchase order or purchase order change order. The governing Terms and Conditions for executed Contract will be St. Mary’s County Government Terms and Conditions as defined by solicitation, Contract documents, and Procurement Policies and Procedures. The County reserves the right to reject any agreement that does not conform to the RFP or any County requirements for agreements and Contracts.
30
14-DC-68669
J-1 REPRESENTATIONS AND CERTIFICATIONS INVITATION/BID REFERENCE NO:
14-DC-68669___
NAME AND ADDRESS OF BIDDER:
EMARYLAND MARKETPLACE VENDOR NUMBER: DUNS NUMBER:
DATE OF BID:
In the block with its name and address, the offeror should supply the Data Universal Numbering System (DUNS) Number applicable to that name and address. The DUNS Number should be preceded by "DUNS": If the offeror does not have a DUNS Number, it may obtain one from any DUN and Bradstreet Branch Office. No offeror should delay the submission of its offeror pending receipt of its DUNS Number. THE BIDDER MAKES THE FOLLOWING REPRESENTATIONS AND CERTIFICATIONS, BY PLACING A CHECK IN THE APPROPRIATE SPACES OR OTHERWISE AS APPROPRIATE, AS PART OF THE BID IDENTIFIED ABOVE. (IN NEGOTIATED PROCUREMENTS, "BID" AND "BIDDER" SHALL MEAN "OFFER" AND "OFFEROR".) A COMPLETED REPRESENTATIONS AND CERTIFICATIONS IS TO BE RETURNED WITH THE BID. I.
CONTINGENT FEE REPRESENTATION AND AGREEMENT A. Representation: The offeror represents that except for full-time bona fide employees working solely for the offeror, the offeror: (Note: The offeror must check the appropriate boxes. For interpretation of the representation, including the term "bona fide employee" see Subpart 3.4 of the Federal Acquisition Regulation.) 1. ( ) has, ( ) has not employed or retained any person or company to solicit or obtain this contract; and 2.
( ) has, ( ) has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this bid.
B. Agreement: The offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer. II.
TYPE OF BUSINESS ORGANIZATION - SEALED BIDDING The bidder, by checking the applicable box, represents that it operates as ( ) a corporation incorporated under the laws of the State of ____________, ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, or ( ) a joint venture, or a ( ) LLC. The authorized bidder attests that their company is licensed to conduct business in the State of Maryland: _________________________________________________________________________ (signature)
31
14-DC-68669 III.
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION A.
The offeror certified that: 1. The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communications, or agreement with any other offeror or competitor relating to: a. those prices b. the intention to submit an offer, or c. the methods or factors used to calculate the prices offered; 2. The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a formally advertised solicitation) unless otherwise required by Law: and 3. No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
B.
Each signature on the offer is considered to be a certification by the signatory that the signatory: 1. Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above; or 2. (a) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above
Insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization; and (b) as an authorized agent, does certify that the principals named in subdivision (b) (2) above have not participated and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above; and 3. As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above. C. If the offeror deletes or modifies subparagraph (a) (2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. IV.
PARENT COMPANY AND IDENTIFY DATA A. A "parent" company, for the purpose of this provision, is one that owns or controls the activities and basic business policies of the bidder. To own the bidding company means that the parent company must own more than 50% of the voting rights in that company. A company may control a bidder as a parent even though not meeting the requirement for such ownership if the parent company is able to formulate, determine, or veto basic policy decisions of the offeror through the use of dominant minority voting rights, use of proxy voting or otherwise. B. The bidder ( ) is, ( ) is not (check applicable box) owned or controlled by a parent company. C. If the bidder checked "is" in paragraph (b) above, it shall provide the following information: 32
14-DC-68669
1. Parent Company's Employer's Identification Number
2. Name and Main Office Address of Parent Company (Please Include Zip Code)
D. If the bidder checked "is not" in paragraph (b) above, it shall insert its own Employer's Identification Number
E. If bidder supplied its own EIN in paragraph (D) above then it shall insert its Principal Place of Business address below:
V.
CLEAN AIR AND WATER CERTIFICATION The offeror certifies that: A. Any facility to be used in the performance of this proposed contract is ( ), is not ( ) listed on the Environment Protection Agency List of Violating Facilities; B. The offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the offeror proposes to use for the performance of the Contract is under consideration to be listed on the EPA list of Violating Facilities; and C. The offeror will include a certification substantially the same as this certification, including this paragraph C, in every non-exempt subcontract.
VI.
CERTIFICATION OF WORK CAPACITY
We hereby certify that we have the equipment, labor, supervision, and financial capacity to perform this Contract in accordance with all conditions, stipulations and provisions contained herein.
(signature)
A COMPLETED REPRESENTATIONS AND CERTIFICATIONS IS TO BE RETURNED WITH THIS BID.
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14-DC-68669
J-2 St. Mary’s County Government Procurement Office
B I D D E R ‘S R E F E R E N C E S H E E T SOLICITATION # 14-DC-68669 Bidders/Offerors are requested to provide references similar in size and scope of the project in this Solicitation/Contract. At least three (3) references within the last five (5) years shall be provided. Failure to provide these references shall result in non-award of this Contract. Please fill in the following information completely including the name, address, telephone number and fax number of the designated point of contact. TOTAL DOLLAR CONTRACT POINT OF DURATION OF Check Type of VALUE OF NUMBER/ CONTACT – CONTRACT (DATES Contract (NAME, ADDRESS, CONTRACT CONTRACTED WITH FROM - TO) Vid. Comm. Bank PHONE & eMail)
34
13-DC-68669
J-3 St. Mary’s County Government Procurement Office
VENDOR INFORMATION FORM Vendor Name : ______________________________________________ REMIT TO ADDRESS: Address line 1 ___________________________________________________ Address line 2 ___________________________________________________ City ____________________________________________________________ State ________________
Zip _________________
PHONE #: _____________________________ FAX #: ________________________________ MAILING ADDRESS: Address line 1 ___________________________________________________ Address line 2 ____________________________________________________ City ____________________________________________________________ State ________________
Zip _________________
POINT OF CONTACT (please print clearly) NAME_____________________________________________________________ TITLE: ____________________________________________________________ PHONE #: _____________________________ FAX #: ________________________________ EMAIL: ___________________________________________________________ TAX ID or SOCIAL SECURITY #:________________________________ 1099 (check one by clicking in box)
YES
NO
NAME ON CHECK: ____________________________________________________________ YES NO (Please provide appropriate documentation) Is your business a minority-owned business? YES NO (Please provide appropriate documentation) Is your business a woman-owned business? Has any Federal, State or Local program/office designated your business as a qualified minority or womanowned business? YES NO If so, please provide documentation. Does your business provide any of the following types of services or fees for St. Mary’s County Government? YES NO Attorney YES NO Rents YES NO Medical If your business is a Limited Liability Company (LLC), is it an YES NO LLC corporation? YES NO LLC partnership? If your business is a sole-proprietorship, please provide the owner’s name and social security number as well as the business name (DBA) and Tax ID number if your business has one. _______________________________________________________________________________________________ _______________________________________________________________________________________________ **SUBMIT THIS COMPLETED FORM ALONG WITH A CURRENT W-9 FORM WITH YOUR BID SUBMISSION**
35
13-DC-68669
J-4 St. Mary’s County Government Procurement Office NO BID FORM – SOLICITATION # 14-DC-68669 ATTENTION: BIDDERS WHO ARE NOT BIDDING ON THIS CONTRACT As part of our continuing efforts to improve our procurement practices, we would appreciate feedback from vendors who are not bidding on our contracts. If you are not offering a bid, please take a moment to indicate on the enclosed request which of the following best describes the reason(s) you have not bid. Thank you for your assistance.
(Check one) _________
1. The solicitation submission date did not allow us adequate time to prepare and submit a bid. (Please explain. Understanding your needs will help us ensure that we provide adequate time generally for a bid response to be prepared. Depending upon the circumstances, the County can extend the deadline if we are advised )
_________
2. My company is not in a position, for business reasons, to handle the order/project at this time.
_________
3. The general terms and conditions for this Contract are not acceptable to my company. (Please explain).
_________
4. The specifications were unclear and/or appear to be written around a competitor’s products. (If you check this, please describe and attach information about your product or service).
__________
5. Our experience on previous County contracts was not satisfactory. (Please explain).
__________
6. Other (please explain).
Your Information: Company Name, Address, & # of Emp.
Please Indicate Whom We May Contact :
___________________________________________
Name ____________________________________
___________________________________________
Phone #___________________________________
___________________________________________ Note: Additional detail can be noted on reverse side or on separate sheet, but please include item# as part of continued explanations.
36
13-DC-68669
J-5
St. Mary’s County Government Procurement Office
IMPORTANT NOTICE TO BIDDER On the envelope submitting your bid, it is imperative: 1. That your name and address appear in the UPPER left corner. 2. That the label below be filed in and pasted on the LOWER left corner. (use Avery label #5162) S E A L E D
BID NO.
14-DC-68669 DATE OF OPENING TIME OF OPENING A.M. P.M. BID TITLE
37
B I D
14-DC-68669
J-6 Office of the Sheriff St. Mary’s County, Maryland Corrections Division Support Services Section
St. Marys’ County Detention Center Inmate Population Data
Fiscal Year Comparison of Average Daily Population with Detention Center Capacity 350 300 250 200 150 100 50 0
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 YTD Capacity 230 230 230 230 230 230 230 230 230 230 ADP 271 293 317 328 348 318 284 232 242 265
Inmate Processing 3500 3000 2500 2000 1500 1000 500 0 2007
2008
2009
2010
2011
2012
2013*
Releases
3032
1650
1818
2303
2370
2293
2616
Walk-Thrus
1525
1320
1087
1265
1000
998
972
Intakes
3081
2970
2905
2276
2378
2336
2572
(*) = Projected - 38 -
14-DC-68669
J-7 Office of the Sheriff St. Mary’s County, Maryland Corrections Division Support Services Section
St. Marys’ County Detention Center Delivery Schedules / Staffing Levels
Commissary Warehouse Delivery to the Detention Center: Commissary is delivered to the Lobby Friday afternoon and stored in the Visitation Area.
Commissary Delivery Schedule to Inmates: Housing Areas Pod A (Maximum Security) Pod A Holding Pod B (Female) Pod C (Medium Security) Pod D (Special Needs) Isolation / Segregation Pod E (Minimum Security) Work Release Work Incentive Medical Holding Booking Holding
Dayrooms/Cells 2 Dayrooms 2 Cells 6 Dayrooms 6 Dayrooms 4 Dayrooms 6 Cells 2 Dayrooms Dormitory Dormitory 3 Cells 7 Cells
Delivery Day Friday Afternoon Friday Afternoon Friday Afternoon Friday Afternoon Friday Afternoon Friday Afternoon Friday Afternoon Friday Evening Friday Evening Friday Afternoon Friday Afternoon
Time After 3:00 p.m. After 3:00 p.m. After 3:00 p.m. After 3:00 p.m. After 3:00 p.m. After 3:00 p.m. After 3:00 p.m. After 7:00 p.m. After 7:00 p.m. After 3:00 p.m. After 3:00 p.m.
Current “On-Site” Commissary Staffing Levels: Delivery: Five (5 ) Contractual Employees. Optimally four (4) are delivering after 3:00 p.m. with one (1) employee returning to deliver the Work Release and Work Incentive after 6:30 p.m. Credits: One (1) Contractual Employee is responsible for crediting the accounts within 48 hours of commissary delivery and compiling the commissary folder.
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14-DC-68669
J-8 Office of the Sheriff St. Mary’s County, Maryland Corrections Division Support Services Section
St. Marys’ County Detention Center Commission Rate / Calculation / Revenue / Interfaces
Commission Rate:
28.23%
Commission Calculation: Net Sales less postage equals Commissionable Sales. Commission calculation is based upon the Commissionable Sales.
Commissary Revenue:
Fiscal Year
Total Revenue $50,480.94 $54,742.03 $31,384.27 $62,768.52
2011 2012 2013 (July – December, 2012) Projected FY13
Indigent Kit Cost:
$3.75 each.
Admission Kit Cost:
$.72 each.
Current Interfaces: 1. Jail Management System (HTE Sungard/JALAN). 2. Inmate Telephone System (ICSolutions).
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14-DC-68669
J-9 Office of the Sheriff St. Mary’s County, Maryland Corrections Division Support Services Section
St. Marys’ County Detention Center Visitation Area
Surface Size: 31” Length and 15 ½” Wide
Total Number of Visitor Booths: 12 - 41 -
14-DC-68669
J-10 St. Mary's County Detention Center
Page 1 of 4
St. Mary's County Name:
Inmate ID:
Location: CONDIMENTS 5613 SALT PACKET 10CT. 5614 PEPPER PKTS 10CT 5620 RELISH PACK 5640 HOT SAUCE PACK'T Candy 2042 KING SIZE SNICKERS 3.29 OZ 2046 BUTTERFINGER 2048 NESTLES CRUNCH 2068 KING SIZE M & M PEANUT 3.27 OZ 2070 TWIX CARAMEL 2085 PEANUT BUTTER CUP LRG SIZE 2086 HERSHEY KIT KAT LRG SIZE 2093 REESES PIECES BAG 6.0 OZ 2108 OREO COOKIES 1.8OZ 2159 HERSHEY ALMONDS LRG SIZE Clothing 8001 TUBE SOCKS 8012 ANKLE SOCKS 8073 COLORED TOWEL 8074 WASHCLOTH BLUE 8103 T-SHIRT LARGE 8104 T-SHIRT X-LARGE 8105 T-SHIRT XX-LARGE 8106 T-SHIRT 3X 8107 T-SHIRT 4X 8108 T-SHIRT 5 X 8126 MEN'S A-SHIRT MEDIUM 8127 MEN'S A-SHIRT LARGE 8128 MEN'S A-SHIRT X-LARGE 8133 MEN'S A-SHIRT 2 XLARGE 8134 MEN'S A-SHIRT 3 XL 8135 MEN'S A-SHIRT 4XL 8151 T-SHIRT 6 X 8207 BOXER SMALL 8208 BOXER MEDIUM 8209 BOXER LARGE 8210 BOXER XL 8211 BOXER XXL 8212 BOXER 3X 8213 BOXER 4X 8214 THERMAL TOP MEDIUM 8215 THERMAL TOP LARGE 8216 THERMAL TOP X-LARGE 8217 THERMAL TOP XXL 8218 THERMAL BOTTOM MED 8219 THERMAL BOTTOM LG 8220 THERMAL BOTTOM XL 8221 THERMAL BOTTOM 2XL 8228 THERM TOP 3X 8229 THERM TOP 4X 8235 THERM BOTTOM 3XL 8236 THERM BOTTOM 4XL 8301 SWEATSHIRT (MED) 8302 SWEATSHIRT (LARGE) 8303 SWEATSHIRT (XLARGE) 8304 SWEATSHIRT (XXLARGE) 8305 SWEATPANTS (MED) 8306 SWEATPANTS (LARGE) 8307 SWEATPANTS (XLARGE)
Balance as of: $0.12 $0.12 $0.18 $0.19
5770 5776 5777
MAYO PACKETS (5 PAKS) KETCHUP PACK SINGLE MUSTARD PACK SINGLE
$0.95 $0.11 $0.11
$2.55 $1.54 $1.54 $2.55 $2.55 $1.54 $1.54 $3.29 $0.75 $1.54
2169 2204 2207 2209 2212 2213 2335 2406 2414
3 MUSKETEERS JOLLY RANCH ASST4OZ BUTTERSCOTCH DISCS 4.5OZ SOURBALLS 4.5 OZ ROOTBEER BARRELS 4OZ SUGAR FREE CANDY 4OZ STRAWBERRY TWIZZLERS 5OZ. TOOTSIE POPS CHARM POPS
$2.55 $1.44 $1.44 $1.44 $1.44 $1.44 $2.10 $0.39 $0.39
$2.10 $1.45 $6.95 $0.97 $4.29 $5.25 $4.95 $5.25 $6.95 $6.89 $4.32 $4.32 $4.32 $4.84 $4.96 $5.24 $6.89 $3.39 $3.39 $3.39 $3.39 $3.79 $3.79 $4.39 $6.89 $6.89 $6.89 $8.79 $8.80 $8.80 $8.80 $9.29 $9.29 $9.29 $9.79 $9.79 $16.00 $16.00 $16.00 $19.00 $16.00 $16.00 $16.00
8308 8311 8312 8313 8314 8315 8318 8319 8320 8321 8347 8348 8401 8402 8403 8404 8406 8407 8408 8409 8410 8526 8527 8528 8529 8530 8531 8532 8533 8558 8559 8708 8710 8712 8714 8715 8786 8903 8904 8905 8906 8907 8908
SWEATPANTS (XXLARGE) GYM SHORT SMALL GYM SHORT MED GYM SHORT LARGE GYM SHORT XLARGE GYM SHORT XXLARGE SWEATPANTS (3XL) SWEATSHIRT (3XL) SWEATPANTS (4XL) SWEATSHIRT (4XL) GYM SHORT XXXLARGE BLUE GYM SHORTS (4XL) PANTIES SMALL PANTIES MEDIUM PANTIES LARGE PANTIES XLARGE PANTIES 2XLARGE SPORT BRA SMALLL SPORT BRA MEDIUM SPORT BRA LARGE SPORT BRA XLARGE VELCRO SHOE 6 VELCRO SHOE 7 VELCRO SHOE 8 VELCRO SHOE 9 VELCRO SHOE 10 VELCRO SHOE 11 VELCRO SHOE 12 VELCRO SHOE SIZE13 REEBOK WOMENS REEBOK SHOWER SHOE SMALL SHOWER SHOE MED SHOWER SHOE LG SHOWER SHOE XL SHOWER SHOE 2XL SPORTS BRA XXLARGE CLOGS - BLACK SZ. 7 CLOGS - BLACK SZ. 8 CLOGS - BLACK SZ. 9 CLOGS - BLACK SZ. 10 CLOGS - BLACK SZ. 11 CLOGS - BLACK SZ 12
$19.00 $11.25 $11.25 $11.25 $11.75 $11.75 $19.96 $19.96 $21.00 $21.00 $11.75 $11.75 $2.60 $2.60 $2.60 $2.60 $2.60 $6.45 $7.96 $8.20 $8.20 $14.95 $14.95 $14.95 $14.95 $14.95 $14.95 $14.95 $14.95 $84.00 $59.00 $3.95 $3.95 $3.95 $3.95 $3.95 $8.97 $14.90 $14.90 $14.90 $14.90 $14.90 $14.90
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14-DC-68669 Liquids TEA MIX .77OZ SSRV 4001 4002 COFFE SINGLE SRV 4003 DECAF COFFE SNG SRV 4004 COFFEE 4 OZ BAG 4005 COCOA 1.0 OZ 4010 COFFEE-BILLY BREW 4.OZ 4015 TEA BAGS 48 CT BOX 4049 MAXWELL HOUSE COFF 4OZ BAG 4102 SUGAR PACKETS (10) 4104 SWEET-N-LOW 10PK 4105 CREAMER PACKETS (05) 4201 FRUIT PUNCH SSRV .77 4202 CHERRY MIX .75OZ 4203 LEMONADE SSRV .77OZ 4203 4204 ORANGE MIX .91OZ 4210 LEMONADE 6OZ Miscellaneous 6001 LEGAL PAD 6003 DRAWING PAD 6007 # 10 ENVELOPE 6009 LG MANILA ENVELOPE 6011 STAMPED ENVELOPE 6013 STAMPS - BOOK 10 6024 COLORED PENCILS 6026 CAP ERASER 6039 DICTIONARY 6071 RUBBER SAFTEY PEN 6101 FRIENDSHIP CARD ENG 6102 FRIENDSHIP CARD SPN 6103 BIRTHDAY CARD ENG 6104 BIRTHDAY CARD SPN 6105 THINKING OF YOU CARD 6106 LOVE CARD 6110 HOLIDAY CARD 6115 HOLIDAY CARDS - SPAN 6128 FLEX PEN 6209 SOAP DISH Personal Hygiene IRISH SPRING 5OZ 1204 1211 NEUTROGENA SOAP 3.5 OZ 1215 JERGENS SOAP 4.5OZ 1232 TONE SOAP W/COCO BUTTER 3.5OZ 1317 DANDRUFF SHAMPOO 1317 1319 SUAVE SHAMPOO/COND 14.5 OZ 1321 SUAVE CONDITIONER 15 1323 SUAVE SHAMPOO 15OZ 1399 HAIR ROLLERS (10) 1401 LADIES ANTI PERS 1. 1405 STICK DEODORANT 2.25 1494 RIGHTGUARD DEOD. 2.6OZ 1502 DWANMIST TOOTHPASTE 2.75OZ 1511 DENTURE ADHESIVE 2.5 1517 MOUTHWASH 16OZ (AF) 1519 DENTURE CLEANER TABS. (6) 1523 COLGATE TOOTHPASTE 4.6 OZ 1525 SENSODYNE TOOTHPASTE 1530 DENTURE CLEANSER 3.9 1532 TOOTHBRUSH FLEX 4.25" 1577 DENTAL FLOSS 1601 BABY POWDER 4OZ 1608 BABY OIL 4OZ 1610 SKIN LOTION 18OZ Personal Personal Hygiene 1613 COCO BUTTER CRM 4OZ 1619 NOXZEMA CREAM 4.5 OZ 1623 FRESH SCENT LOTION 4OZ 1626 STICK COCO BUTTER 1OZ 1636 SUNSCREEN SPF-30 1692 TYLENOL 2 CT 1703 SHAVING CREAM 3OZ 1704 MAGIC SHAVE 6OZ
Page 2 of 4 $0.40 $0.50 $0.50 $3.95 $0.50 $5.45 $2.59 $7.99 $0.90 $0.90 $0.90 $0.50 $0.50 $0.50 $0.50 $1.69
4301 4304 4305 4306 4411 4412 4413 4414 4430 4441 4442 4443 4444 4445 4603
SUGAR FR FRUIT PUNCH SUGAR FREE LEMONADE SUGAR FREE TEA HOT CHOC. SGR.FREE .55OZ POLAND SPRING WATER 16.9OZ COKE 20 OZ DIET COKE 20 OZ SPRITE 20 OZ DR. PEPPER 20 OZ APPLE JUICE CRANBERRY JUICE FRUIT PUNCH DRINK GRAPE JUICE ORANGE JUICE ORANGE-FONTANA
$0.50 $0.50 $0.50 $0.69 $0.99 $1.69 $1.69 $1.69 $1.69 $1.59 $1.59 $1.59 $1.59 $1.59 $1.69
$1.29 $3.10 $0.17 $0.45 $0.71 $4.60 $2.49 $0.18 $2.20 $0.90 $1.75 $1.75 $1.75 $1.75 $1.75 $1.75 $1.75 $1.75 $0.60 $0.95
6210 6219 6221 6248 6252 6266 6301 6302 6308 6313 6321 6323 6392 6393 6463 6520 6525 6664 9604
TOOTHBRUSH HOLDER TUMBLER SMALL BOWL W/LID 2 ONE CENT STAMPS CLEAR AM/FM RADIO QUR'AN POKER CARDS PINOCHLE CARDS PUZZLE BOOKS WALKMAN AM/FM RADIO AA BATTERIES AAA BATTERIES 2 CT ANALOG WATCH HEAD PHONES EARBUDS - SINGLE EAR BIBLE BIBLE SPANISH WATCH BATTERY GOLF PENCIL
$1.15 $1.15 $1.59 $0.02 $33.95 $13.50 $2.20 $2.30 $3.00 $31.95 $1.65 $1.65 $31.75 $10.95 $6.25 $7.70 $7.70 $6.25 $0.22
$1.40 $4.99 $1.20 $1.80 $1.89 $4.39 $3.30 $3.30 $2.65 $3.50 $2.25 $5.15 $1.50 $5.85 $3.72 $0.99 $3.35 $9.10 $5.25 $2.60 $2.53 $1.50 $1.15 $3.70
1706 1711 1719 1725 1804 1806 1813 1817 1824 1894 1897 1901 1906 1907 1908 1911 1912 1913 1915 1918 1923 1924 1926 1927
AFTER SHAVE 3OZ 7" COMB HAIRBRUSH NO HANDLE WIDE TOOTH COMB BERGAMOT 4.0 OZ HAIR FOOD 4OZ HAIR RELAXER (COURSE PRO HAIR LINE 4.5 OZ STYLING GEL 2OZ FRESH DOUCHE 6 OZ PONY TAIL HOLDER ACETMINOPHEN (2) TABLETS VITAMIN 100CT IBUPROFEN 2CT COLD TABLET 2CT COUGH DROPS ROLL ROLAIDS ROLL TUMS 1ROLL MILK OF MAGNESIA 12Z FUNGI GUARD CREAM .5OZ HEMORRHIOD CREAM HYDROCORTISONE 1OZ B&L SALINE SOLUTION 12 OZ CHAPSTICK
$1.55 $0.50 $2.00 $2.35 $1.45 $1.80 $11.95 $3.65 $1.75 $3.26 $0.24 $0.55 $4.60 $0.75 $0.75 $1.60 $1.60 $1.47 $3.99 $2.96 $6.15 $3.60 $7.92 $1.40
$1.55 $2.97 $2.07 $2.10 $6.80 $0.55 $2.20 $5.60
1935 1962 1963 1964 1969 1971 1981
TOLNAFTATE POWDER 1.5OZ SUPER TAMPAX 10 CT. SANITARY NAPKINS16CT PANTY LINERS COTTON SWABS 150CT NEOSPORIN 1/2OZ DR. SCHL FOOT POWDER 3 OZ
$8.80 $4.96 $3.20 $3.60 $1.96 $0.60 $5.80
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14-DC-68669 Phone 7001 Snacks 2217 5001 5002 5004 5005 5006 5012 5024 5027 5032 5034 5041 5055 5082 5088 5094 5101 5105 5114 5116 5119 5127 5137 5168 5202 5211 5216 5300 5302 5303 5304 5309 5310 5316 5321 5325 5333 5346 5356 5360 5401 5402 5404
Page 3 of 4 PHONE TRANSFER 1 DOLLAR
$1.00
7050
PHONE TRANSFER 50 DOLLARS
$50.00
ATOMIC FIREBALLS CANDY PLAIN CHIPS 1.5 OZ BBQ CHIPS 1 1/2OZ CHEETOS 1.75 OZ SNYDERS HOT BUFFAOL CHIPS DORITOS 1.75 OZ WHITE CHEDDAR POP COMBOS CHEESE 1.8OZ PRETZELS 2.25 .OZ HOT FRIES .85 OZ ROLD GOLD TINY TWIST PRETZ 2OZ RUFFLES SOUR CRM N CHEDR 1 OZ SALTED PEANUTS OATMEAL CREME COOKIE SANDWICH HONEY BBQ CHIPS - HERR'S NACHO CHIPS HERRS TRAIL MIX 2OZ GRANOLA BARS FROSTED FLAKESSSRV1Z RASIN BRAN OATMEAL VARIETY HONEY ROAS'D PEANUTS 3.5 OZ NUTRI-GRAIN BAR CHEESE CURLS HERRS 10OZ KEEBLER CRACKERS SALTINE CRACKERS 16 OZ PEANUT BUTER CRACKERS FAMOUS AMOS COOKIE C-CHIP OATMEAL COOKIES 2.75 GRANDMAS PEANUT BTR 2.75 CHOC CHIP COOK 2.75Z RICE KRISPIE TREAT (SNGL SERV) DUPLEX CREME COOKIES TRAY PEANUT BUTTER CREAM 5 OZ CHOCOLATE NUT BROWNIE CHOCLATE CHIP COOKIES FIG NEWTONS DUPLEX CREME COOKIE TRAY BROWNIE CRISPS 3OZ SNYDER'S HOT BUFFALO PRETZ 2.2 TEXAS CINN ROLL HONEY BUN 3.5OZ COFFEE CAKES
$1.44 $1.00 $1.00 $1.00 $1.00 $1.00 $0.92 $1.00 $0.95 $0.95 $0.95 $0.79 $0.75 $0.90 $1.65 $2.95 $0.90 $0.80 $0.85 $0.85 $3.70 $1.44 $0.99 $3.15 $2.69 $2.79 $0.80 $1.02 $0.80 $0.80 $0.80 $0.95 $1.95 $1.80 $0.99 $1.85 $0.80 $1.95 $0.90 $0.95 $1.05 $1.00 $1.00
5406 5408 5410 5432 5433 5440 5451 5499 5555 5569 5597 5600 5602 5603 5604 5605 5607 5610 5626 5645 5648 5663 5714 5717 5719 5720 5721 5730 5732 5733 5741 5744 5754 5766 5773 5824 5825 5826 5911 5921 5934 5984
BUDDY NUTTY BARS APPLE PIE CHERRY PIE POPTART STRAWBERRY MINI DOUGHNUTS 2.5OZ CHEESE DANISH APPLE DANISH CHEEZ-IT CHEETOS CHEDDAR JALAPENO 2.0OZ GRANDMAS MINI VANILLA BEEF MEAT STIC DOUBLE SALAMI STICK BEEF W/PEPPERONI HOT & SPICY MEAT JALAPENO CHZ SPD 8OZ CHEESE SQEEZER 1OZ PEANUT BUTTER ZESTY DELI GARLIC PICKLE JELLY SQEEZER 1OZ SPICY MEAT JALAPENO BEEF N CHEDDAR GRAPE JELLY 12OZ RAMEN NOODLES-CHICKEN SHRIMP RAMEN SOUP RAMEN NOODLES-CHILLI RAMEN NOODLES-BEEF RAMEN NOODLE ORIENT VEGETARIAN WHITE RICE 7OZ SPANISH RICE 2.25 ORIENTAL RICE 2.25 REFRIED BEANS WITH RICE CHILI POUCH 8OZ SARDINES IN POUCH 3.53OZ CHICKEN IN POUCH TUNA POUCH 3OZ BLUEBERRY MUFFIN CHOCOLATE CHIP MUFFIN BANANA MUFFIN HOT PORK RINDS BEEF STEW POUCH 8 OZ NOODLES PICANTE BEEF MACKEREL POUCH 3.5OZ
$0.82 $1.00 $0.95 $1.00 $0.98 $1.05 $1.05 $0.79 $1.00 $1.35 $0.80 $0.80 $0.80 $0.80 $1.99 $0.70 $0.70 $1.19 $0.60 $0.80 $0.80 $3.40 $0.79 $0.79 $0.79 $0.79 $0.79 $1.75 $0.99 $1.07 $1.95 $2.95 $1.75 $3.85 $2.25 $1.69 $1.69 $1.69 $0.55 $2.95 $0.79 $1.95
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14-DC-68669
St. Mary’s County Detention Center
Page 4 of 4
St. Mary’s County Name:__________________________ Inmate ID:___________ Location:________________________ I have no money. I would like____ Indigent Pak @ 3.75 ea Indigent Pak: (1) Sm. Writing Tablet (3) Stamped Envelopes (1) Pencil (1) Sm. Shampoo (1) Sm. Deoderant (1) Flex Pen If ordering an indigent pak please fill out a scan sheet with your information across the top and leave everything else blank or via the Housing Unit Commissary Kiosk. Limits Condiments, Drinks, Snacks, Candy 15 total of any beverage 15 total of any Condiments 15 total of any candy 15 total of any snacks Miscellaneous: 1 ea. Eraser 1 pkg. Colored Pencils 1 ea Games & Tumbler 5 ea Bras, Panties 3 ea Socks, Shorts, T-Shirts and Briefs *Notice: Limits on the Amounts of Commissary an inmate may have are as follows: Personal Care Products: 1 each shampoo, soap, etcM Female inmates may order no more then five (5) boxes of tampons. Non-Prescription Medications: Limits 14 ea Tylenol 9 ea Antifungal 2 ea Antiacid tablets 14 ea Antihistamine 14 ea Ibuprofen
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