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MILWAUKEE COUNTY HOUSE OF CORRECTION

REQUEST FOR PROPOSAL NUMBER: 98150009



INMATE ACCOUNTING SOFTWARE AND COMMISSARY SERVICES Issued: April 16, 2015

Response Due Date: May 15, 2015 – 1:30 P.M. CDT

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Table of Contents 1.0 2.0 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.0 3.01 3.02 3.03 4.0 4.01 4.02 4.03

INFORMATION SUMMARY SHEET .................................................................................................. 4 GENERAL INFORMATION ................................................................................................................. 5 INTRODUCTION AND BACKGROUND .............................................................................................. 5 SPECIFICATIONS .............................................................................................................................. 6 RFP ADMINISTRATOR ...................................................................................................................... 6 DEFINITIONS .................................................................................................................................... 6 QUESTIONS...................................................................................................................................... 7 PROPOSER NOTIFICATION REQUIREMENT AND AMENDMENT ACKNOWLEDGEMENT ................. 7 FIRM COMMITMENT, AVAILABILITY, PROPOSAL VALIDITY ............................................................. 8 NON‐INTEREST OF COUNTY EMPLOYEES AND OFFICIALS .............................................................. 8 CODE OF ETHICS .............................................................................................................................. 8 ERRORS, OMISSIONS, MINOR IRREGULARITIES AND RETAINED RIGHTS ........................................ 8 PROPOSAL ACCEPTANCE, REJECTION, CANCELLATION AND WITHDRAWAL .................................. 9 CONTRACT TERMS AND FUNDING ................................................................................................ 10 CONTRACT TERMINATION ............................................................................................................ 10 PRICE ADJUSTMENT ...................................................................................................................... 10 MINIMUM WAGE RATE ................................................................................................................. 11 EEOC COMPLIANCE ....................................................................................................................... 11 INSURANCE AND INDEMNITY REQUIREMENTS ............................................................................ 11 SUPERVISION ................................................................................................................................. 11 PERMITS AND LICENSE .................................................................................................................. 12 FEDERAL, STATE AND LOCAL REGULATIONS ................................................................................. 12 START‐UP SCHEDULE ..................................................................................................................... 12 RESPONSIBLE CONTRACTOR POLICY ............................................................................................. 12 DISCIPLINE OR DISCHARGE OF EMPLOYEES .................................................................................. 13 PRIME CONTRACTOR & SUBCONTRACTORS ................................................................................. 13 PRE‐PROPOSAL MEETING.............................................................................................................. 13 FACILITY TOUR .............................................................................................................................. 14 PROPOSAL BOND .......................................................................................................................... 14 PAST PRACTICES ............................................................................................................................ 14 EXECUTION OF CONTRACT ............................................................................................................ 14 DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION ...................................................... 15 SECURITY AND BACKGROUND CHECKS ......................................................................................... 15 UNIFORMS AND OPERATIONAL MATERIALS ................................................................................. 15 COMPLIANCE WITH REGULATIONS AND LAWS ............................................................................ 15 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION ......................................................... 15 PREPARING AND SUBMITTING A PROPOSAL ................................................................................ 16 GENERAL INSTRUCTIONS .............................................................................................................. 16 INCURRED EXPENSES .................................................................................................................... 16 SUBMITTING A PROPOSAL ............................................................................................................ 16 PROPOSAL SELECTION AND AWARD PROCESS ............................................................................. 19 PRELIMINARY EVALUATION .......................................................................................................... 19 PROPOSAL SCORING ..................................................................................................................... 19 EVALUATION CRITERIA .................................................................................................................. 20

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4.04 NEGOTIATION PROCESS AND RIGHT TO REJECT PROPOSALS ....................................................... 23 4.05 INTENT TO AWARD ....................................................................................................................... 23 4.06 INFORMATION RELEASE ................................................................................................................ 23 4.07 APPEAL .......................................................................................................................................... 24 4.08 CANCELLATION .............................................................................................................................. 24 4.09 CONTRACT ..................................................................................................................................... 24 4.10 AUTHORITY TO DO BUSINESS IN WISCONSIN ............................................................................... 25 4.11 WISCONSIN LAWS GOVERN .......................................................................................................... 25 4.12 VENUE ........................................................................................................................................... 25 4.13 RIGHT TO AUDIT ............................................................................................................................ 25 5.0 SERVICE AND TECHNICAL REQUIREMENTS ................................................................................... 25 5.01 STATEMENT OF INTENT ................................................................................................................ 25 5.02 BACKGROUND AND SCOPE‐COMMISSARY ................................................................................... 26 5.03 BACKGROUND AND SCOPE‐INMATE BANKING SYSTEM ............................................................... 28 5.04 CONTRACTOR INFORMATION REQUIREMENTS ............................................................................ 29 5.05 RESPONSIBILITIES OF THE HOC ..................................................................................................... 30 5.06 RESPONSIBILITIES OF THE CONTRACTOR ...................................................................................... 31 5.07 CONTRACT REVISON/RENEWAL .................................................................................................... 42 5.09 ENTIRE AGREEMENT AND AMENDMENTS .................................................................................... 42 5.10 WAIVER ......................................................................................................................................... 43 5.17 PERFORMANCE BOND ................................................................................................................... 43 6.0 REQUIRED FORMS ......................................................................................................................... 44 ATTACHMENT A ‐ TERMS AND CONDITIONS OF REQUEST FOR PROPOSAL ................................................. 45 ATTACHMENT B – VENDOR BINDING AUTHORITY ....................................................................................... 46 ATTACHMENT C – VENDOR LETTER OF INTENT TO BID ................................................................................ 47 ATTACHMENT D – AUTHORIZATION FOR REFERENCE CHECK ...................................................................... 48 ATTACHMENT E – CONFLICT OF INTEREST STIPULATION ............................................................................. 49 ATTACHMENT F – SWORN STATEMENT OF VENDOR ................................................................................... 50 ATTACHMENT G – COVER SHEET FOR THE TECHNICAL PROPOSAL .............................................................. 51 ATTACHMENT H ‐ COVER SHEET FOR THE COST PROPOSAL ........................................................................ 52 ATTACHMENT I – VENDOR REFERENCES ...................................................................................................... 53 ATTACHMENT J ‐ CONFLICTS OF INTEREST AND PROHIBITED PRACTICES ................................................... 55 ATTACHMENT K – EEOC FOR MILWAUKEE COUNTY CONTRACTS ................................................................ 56 ATTACHMENT L ‐ EQUAL OPPORTUNITY POLICY .......................................................................................... 57 ATTACHMENT M ‐ CERTIFICATION REGARDING DEBARMENT AND SUSPENSION ....................................... 57 ATTACHMENT N – ADDITIONAL DISCLOSURES ............................................................................................. 59 ATTACHMENT O – HOTLINE FLIER ................................................................................................................ 60 ATTACHMENT P – AUDIT SERVICES DIVISION HOTLINE ................................................................................ 61 ATTACHMENT Q ‐ Designation of Confidential and Proprietary Information .............................................. 62 ATTACHMENT R ‐ CERTIFICATION FOR INDEMNITY AND INSURANCE REQUIREMENTS .............................. 63 ATTACHMENT S ‐ MINIMUM WAGE ORDINANCE COMPLANCE ................................................................... 65 ATTACHMENT T – DBE FORMS ..................................................................................................................... 66 ATTACHMENT U ‐ FEATURE CHECKLIST ........................................................................................................ 76 ATTACHMENT V ‐ COST PROPOSAL RESPONSE SHEET .................................................................................. 85 ATTACHMENT W ‐ INDIGENT PRODUCT LIST ................................................................................................ 90 ATTACHMENT X ‐ VENDOR COOPERATION & LISTING OF EXCLUDED SERVICES .......................................... 91

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1.0

INFORMATION SUMMARY SHEET

Request For Proposal Title: Inmate Accounting Software & Commissary Services Request For Proposal Number: 98150009 RFP Issuing Office: Milwaukee County–House of Correction RFP Issue Date: April 16, 2015 Date of Voluntary Pre‐Proposal Conference and Site Tour April 24, 2015 at 9:00 AM   Voluntary Pre‐Proposal Conference Location: HOC Administrative Entrance RSVP for Pre‐Proposal Conference and Site Tour April 21, 2015 before 4:00 P.M. Email: [email protected] Deadline for Receipt of Questions: April 27, 2015 before 5:00PM Email: [email protected] RFP Proposal Receipt Deadline: May 15, 2015 by 1:30 PM CDT RFP Submission Location: Milwaukee County Courthouse County Clerk’s Office Room 105 901 N. 9th Street Milwaukee, WI 53233 RFP Administrator: Stephanie Gulizia Milwaukee County DAS ‐ Procurement 633 W. Wisconsin Ave., Suite 901 Milwaukee, WI 53203 (414) 278‐4129 Email: [email protected] Intend to Award Notification (Estimated) June, 2015 Service Starting Date (Estimated): August 1, 2015 Proposal can be found on Milwaukee County’s website; “Business Opportunity Portal.” http://county.milwaukee.gov/bop

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2.0

GENERAL INFORMATION

2.01 INTRODUCTION AND BACKGROUND The Milwaukee County House of Correction (HOC) is soliciting formal competitive sealed proposals from qualified professional firms for inmate commissary and accounting software.  The provision of inmate commissary services and the quality and reliability of service are high priority.  Firms who submit a response to this Request for Proposal (RFP) shall be responsible to submit technical and service solutions based on their programs that meet or exceed the goals and objectives herein.  The RFP serves as a tool to formalize negotiations to enter into a contract with a chosen provider, if any.    The HOC’s intent is to comply with applicable standards and to realize maximum possible commissions and required service and financial accounting and to award a contract for a period of five (5) years.  This service and equipment must not result in a decrease in the current level of service. The vendor shall install and provide all necessary infrastructure, servers (and any other equipment necessary), network components, software, construction, installation, support and maintenance as necessary to implement their proposed solution.  Proposals must comply with all terms and conditions described in this document.  This RFP process operates under Chapter 32 of Milwaukee County Ordinances for a Services contract. Currently, commissary service to each inmate is once per week. Deliveries to the HOC should be the next day after the orders are entered into the System. The HOC is willing to hear suggested alternative methods for ordering and delivering.  Ideally, the inmates would be able to order commissary from a kiosk.  The HOC reserves the right to determine the final methods, retail selling prices to the inmates, and the dates that the items may be ordered and delivered.  More specifics on current operations can be found in the Section 5. If proposing an automated system, please be advised that the HOC currently uses a mainframe based Jail Management System but will be migrating to the ProPhoenix Jail Management System in 2015. Any program interfacing will be the responsibility of the Contractor.   Vendors must state that they understand that they will have to cooperate with the telephone vendor and also the provider of money transfer services and e‐media as defined in Attachment X.   The vendor must further state that they understand that their Vendor Cooperation will continue until such time as those vendor contracts are not renewed or are terminated. The information provided is an estimate based on past history, but may not accurately reflect future Commissary volumes.  The total monies (gross sales) generated by the vendor in the performance of the Commissary contract including sales tax where applicable is estimated to be approximately $700,000 to $760,000 annually  Please see Cost Sheet Addendum for current estimated volumes per item  Number of Inmate housing units: 37 in Franklin, WI with approximately 1,300 inmates 5 | P a g e

2.02 SPECIFICATIONS

All items provided by the winning proposers must meet the specifications set forth in this RFP. This is a negotiated procurement. Contract award is subject to review and approval by the Milwaukee County Board of Supervisors.  A detailed discussion of our Specifications and System Requirements can be found in Section 5.

2.03 RFP ADMINISTRATOR Stephanie Gulizia Milwaukee County DAS – Procurement 633 W. Wisconsin Ave., Suite 901 Milwaukee, WI 53203 (414) 278‐4129 Email: [email protected]

2.04 DEFINITIONS •

The term “HOC” as herein used shall be deemed as reference to the House of Correction.

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The term “COUNTY” as herein used shall be deemed as reference to Milwaukee County, Wisconsin. The term “UNIT” as herein used will be deemed as reference to a housing area containing bed space. The term “FACILITY” as herein used shall be deemed as reference to any facility operated in whole or in part by the House of Correction. The terms “Proposer”, “Vendor”, “Respondent”, “Bidder” and “Contractor” all refer to the person (s) or Agency responding to this Request for Proposal. The term “PREMISES” as herein used will be deemed as reference to any location within a building, wing, facility or satellite unit in which Milwaukee County possesses a proprietary interest. The term “PROPOSER/VENDOR” as herein used shall be deemed as reference to any vendor, proprietor or corporation responding to the requirements of this RFP. The term “COMPLEX” as herein used shall be deemed as reference to the HOC premises, facility, outbuilding, or grounds in or on which the House of Correction possesses the primary proprietary interest. The term “CONTRACTOR” as herein used shall be deemed as reference to the successful bidder, vendor, proprietor or corporation receiving an award and entering into a formal agreement under the terms of the bid. The term “DORM” as herein used will be deemed as reference to a housing unit containing open bed space or individual cells. The term “INMATE” as herein used will be deemed as reference to any person, inmate or Resident in the custody of, or incarcerated in any facility operated in whole or in part by or contracted to the HOC. The term “SUPERINTENDENT” as herein used shall be deemed as reference to the Milwaukee County HOC person in charge and/or his/her duly appointed representative(s) in the administration of the contract.

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2.05 QUESTIONS Proposers may submit questions and requests for clarification regarding this RFP. All questions regarding this RFP shall be made in writing, citing the RFP title, RFP number, page, section, and paragraph, and shall be submitted via e‐mail to RFP Contact/Administrator. Questions sent to anyone other than the RFP Contact/Administrator will not be considered. All questions must be submitted by the specified deadline as identified on the Information Summary Sheet. Milwaukee County will not respond to any questions received after this date and time. Responses to all questions and inquiries received by Milwaukee County will be posted on Milwaukee County’s website as identified in the Information Summary Sheet. It is the responsibility of Proposers to check this website for any and all information such as answers or addenda related to the RFP. This RFP is issued by the Milwaukee County House of Correction. The RFP Administrator assigned to this RFP, along with contact information, provided on the Information Summary Sheet.  The RFP Administrator is the sole point of contact during this process, and no information provided by any other personnel will be considered binding. Communication initiated by a proposer to any County official, employee or representative evaluating or considering the proposals, prior to the time of any award is prohibited unless at the explicit direction of the RFP Contact/Administrator and any such unauthorized communication may constitute grounds for rejection or elimination of a proposal from further consideration, in the sole discretion of the County. All respondents should use this written document, its attachments and any amendments as the sole basis for responding.

2.06 PROPOSER NOTIFICATION REQUIREMENT AND AMENDMENT ACKNOWLEDGEMENT Should proposer discover any significant ambiguity, error, omission or other deficiency in the RFP document, they must immediately notify the RFP Contact/Administrator in writing, via email, prior to the submission of the proposal. The failure of a proposer to notify the RFP Contact/Administrator of any such matter prior to submission of its proposal constitutes a waiver of appeal or administrative review rights based upon any such ambiguity, error, omission or other deficiency in the RFP document. If it becomes necessary to clarify or revise any part of this RFP, amendments will be posted to the Milwaukee County website; it is the responsibility of prospective vendors to check the website for any amendments prior to the RFP submission date. All amendments are acknowledged by your submission of Sworn Statement of Bidder form. If the Proposer fails to monitor the web site for any changes or modifications to the RFP, such failure will not relieve the Proposer of its obligation to fulfill the requirements as posted. 7 | P a g e

2.07 FIRM COMMITMENT, AVAILABILITY, PROPOSAL VALIDITY Proposers shall maintain their availability of service and proposed price as set forth in their proposals for an anticipated service starting date provided in the Information Summary Sheet. Proposers are expected to perform planning and implementation activities prior to commencement of a contract. Milwaukee County will not reimburse for these costs.

2.08 NON‐INTEREST OF COUNTY EMPLOYEES AND OFFICIALS No County official, employee or representative on the evaluation committee shall have any financial interest, either direct or indirect, in the proposal or contract or shall exercise any undue influence in the awarding of the contract. No Milwaukee County employee, shall participate in the selection, award or administration of a contract if a conflict of interest, real or apparent, would be involved. Milwaukee County Specific Requirements; No person(s) with a personal financial interest in the approval or denial of a contract or proposal being considered by a county department or with an agency funded and regulated by a county department, shall make a campaign contribution to any county elected   official who has approval authority over that contract or proposal during its consideration. Contract or proposal consideration shall begin when a contract or proposal is submitted directly to a county department or to an agency funded or regulated by a county department until the contract or proposal has reached final disposition, including adoption, county executive action, proceedings on veto (if necessary) or departmental approval.

2.09 CODE OF ETHICS Proposers shall strictly adhere to Chapter 9 of the Milwaukee County Code of General Ordinances Code of Ethics, with particular attention to Subsection 9.05(2)(k): “No campaign contributions to county officials with approval authority: No person(s) with a personal financial interest in the approval or denial of a contract or proposal being considered by a county department or with an agency funded and regulated by a county department, shall make a campaign contribution to any county elected official who has approval authority over that contract or proposal during its consideration. Contract or proposal consideration shall begin when a contract or proposal is submitted directly to a county department or to an agency funded or regulated by a county department until the contract or proposal has reached final disposition, including adoption, county executive action, proceedings on veto (if necessary) or departmental approval. This provision does not apply to those items covered by section 9.14 unless an acceptance by an elected official would conflict with this section. The language in subsection 9.05(2)(k) shall be included in all Requests for Proposals and bid documents.”

2.10 ERRORS, OMISSIONS, MINOR IRREGULARITIES AND RETAINED RIGHTS   All information in this RFP, including any addenda, has been developed from the best available sources; however, Milwaukee County makes no representation, warranty or guarantee as to its accuracy. Should proposer discover any significant ambiguity, error, omission or other deficiency in the RFP document, they must immediately notify the RFP Contact/Administrator in writing, via 8 | P a g e

email, prior to the submission of the proposal. The failure of a proposer to notify the RFP Contact/Administrator of any such matter prior to submission of its proposal constitutes a waiver of appeal or administrative review rights based upon any such ambiguity, error, omission or other deficiency in the RFP document. Milwaukee County reserves the right to waive minor irregularities in proposals. Minor irregularities are defined as those that have no adverse effect on the outcome of the selection process by giving a Proposer an advantage or benefit not afforded by other Proposers. Milwaukee County may waive any requirements that are not material. Milwaukee County may make an award under the RFP in whole or in part and change any scheduled dates. Milwaukee County reserves the right to use ideas presented in reply to this RFP notwithstanding selection or rejection of proposals. Milwaukee County reserves the right to make changes to and/or withdraw this RFP at any time.

2.11 PROPOSAL ACCEPTANCE, REJECTION, CANCELLATION AND WITHDRAWAL Each proposal is submitted with the understanding that it is subject to negotiation at the option of Milwaukee County. However, Milwaukee County reserves the right to make an award on the basis of the original proposal, without negotiation with any proposer. Milwaukee County reserves the right to negotiate with the proposer(s) within the scope of the RFP in the best interests of Milwaukee County. Milwaukee County may request and require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a proposal and/or to determine a proposer’s compliance with the requirements of the solicitation. Milwaukee County may use information obtained through site visits, management interviews and the county’s investigation of a proposer’s qualifications, experience, ability or financial standing, and any material or information submitted by the proposer in response to the county’s request for clarifying information in the course of evaluation and/or selection under this RFP. Upon acceptance in writing by Milwaukee County of the final offer to furnish any and all of the services described herein, and upon receipt of any required federal, state and local government approvals, the parties shall promptly execute the final contract documents. The written contract shall bind the proposer to furnish and deliver all services as specified herein in accordance with conditions of said accepted proposal and this RFP as negotiated. Milwaukee County reserves the right to reject any or all proposals, or any part thereof; and to waive any minor defects in the proposals if this is to the advantage of the County.  The County’s waiver of a minor defect shall in no way modify the RFP document or excuse the vendor from full compliance with its specifications if the vendor is awarded the contract.  The County reserves the right to let separate contracts on any aspect of the work. Vendor must state that they understand that they will have to cooperate with the telephone vendor and the provider of money transfer services and e‐media as defined in Attachment X.  The vendor must further state that they understand that their Vendor Cooperation will continue until such time as the contracts with those vendors are not renewed or are terminated. Milwaukee County also reserves the right to accept or reject any and all proposals submitted or cancel this RFP in whole or in part if such cancellation is in the best interest of Milwaukee County.  Prior to 9 | P a g e

the date and time set forth as the Proposal Receipt Deadline, proposals may be modified or withdrawn by the proposer’s authorized representative. After the proposal deadline, proposals may not be modified or withdrawn without the consent of Milwaukee County.

2.12 CONTRACT TERMS AND FUNDING The contract shall be between the County of Milwaukee, known as the "County" and the successful proposer known as the "Contractor". Responses to this RFP should be based upon that the initial term of the agreement of five (5) years by mutual agreement of the County and contractor. Continuance of the contract beyond the limits of funds available shall be contingent upon     appropriations of the necessary funds and the termination of this contract by lack of appropriations shall be without penalty. All proposers are notified that Milwaukee County reserves the right to delete or modify any task from the Scope of Services at any time during the course of the bid process. All proposers are notified that contracts are contingent upon Federal, State, and local appropriations. Milwaukee County contemplates award of a contract resulting from this RFP that reflects payment for fee for services. Any final contract structure resulting from this RFP may be subject to negotiation and the required approvals by the Milwaukee County Board of Supervisors.

2.13 CONTRACT TERMINATION Milwaukee County in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 5 days in which to cure a defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. Milwaukee County, by written notice, may terminate this contract, in whole or in part, for any reason giving a thirty (30) day notice.  If this contract is terminated, Milwaukee County shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. In the event the contractor terminates the contract, such termination will require written notice to that effect to be delivered by the contractor to the County not less than one hundred twenty (120) days prior to said termination and shall assist and provide for an orderly transition of services.

2.14 PRICE ADJUSTMENT The price sheet established by this contract for Commissary may be adjusted from time to time. Any proposed price adjustment shall be submitted to the County no later than two months before which an adjustment is requested, and if approved, will be effective on a date that is mutually agreed upon. These fees are subject to negotiation and approval by the County.  The Contractor must propose and explain the process that is used to justify any proposed cost adjustment, which may include the following:  Changes in product costs. 10 | P a g e

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An increase in tax rates affecting labor costs. Changes in Facility’s specified list of products, points‐of‐service, additions or levels of service provided. Verification/substantiation of any other cost factors through submissions of supplier invoices over a six‐month span.

In addition, the Contractor may be required to change the Commissary items offered at the request of the HOC.   If and when a change is requested, the vendor shall give the HOC suggested price guides, and commission rates for the item.

2.15 MINIMUM WAGE RATE This RFP, acquisition and any resulting agreement must conform to Chapter 111 of the Milwaukee County Code of General Ordinance – Minimum Wage. In accordance with Chapter 111 of the Milwaukee County Code of General Ordinances, it is the policy of Milwaukee County that certain contractors, subcontractors, lessees and recipients of financial assistance doing business with the county shall pay employees performing part of full time work for the county a minimum wage rate. This rate is currently established at $11.66/hour. As a matter of responsiveness to this RFP, proposers must complete ‘Attachment S – Declaration of Commitment to Compliance to Milwaukee County’s Minimum Wage Provision. It is the proposer’s responsibility to familiarize themselves with the requirements of MCGO Chapter 111 and maintain compliance. Additional information can be found at: http://county.milwaukee.gov/ImageLibrary/Groups/cntyDAS/Procurement/livingwage.pdf https://library.municode.com/HTML/12598/level2/MICOCOGEORVOI_CH111MIWA.html

2.16 EEOC COMPLIANCE All proposers shall complete and submit Equal Employment Opportunity Commission (EEOC) Compliance Certificate (Attachment K).

2.17 INSURANCE AND INDEMNITY REQUIREMENTS All proposers shall complete, sign and submit the “Insurance and Indemnity Acknowledgement Form” (Attachment R). This form outlines required insurance requirements for contractor related to this RFP and proposer’s ability and commitment to provide such services.

2.18 SUPERVISION Contractor shall provide on‐site management and supervisory staff.  Administrative and purchasing advice related to the commissary operation may come from headquarters or other regional locations.  Supervisory staff shall follow all the specifications set forth in this document. Supervisory staff shall insure all staff under their control follow all work rules and all the specifications set forth in this document. All supervisory staff shall respond and resolve concerns promptly. 11 | P a g e

2.19 PERMITS AND LICENSE Contractor at the time of proposal submission and during the term of any agreement the contractor and associated employees performing services must possess and maintain the required licenses and permits required to perform Commissary and Accounting services. Any reprimand, disciplinary action or investigation taken by any agency issuing permits and licenses required to perform catering services by contractor or employee must be reported to Milwaukee County within 48 hours of notification by the issuing agency.

2.20 FEDERAL, STATE AND LOCAL REGULATIONS The successful Proposer shall be required, and hereby agrees, to comply with all applicable Federal, State and Local laws and regulations during the term of any agreement, including, but not limited to the regulations listed in this RFP. Successful proposers will be required to enter into and maintain an agreement with Milwaukee County that complies with all Federal, State, and local, health, accessibility, environmental and safety laws, regulations, standards and ordinances.

2.21 START‐UP SCHEDULE It is anticipated that services will be required on or before August 1, 2015. In order to help ensure an orderly transition and give the winning proposers an opportunity to learn the procedures for the facility, the non‐incumbent winning proposers might be required to “shadow” the current service provider(s) for a minimum of one month on dates mutually agreeable to Milwaukee County and the winning proposers. 

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The successful vendor must assume responsibility for installing the equipment and software for Commissary and inmate banking operations as specified in this RFP. All changes required to the current equipment and software to enable installation of the proposed equipment, software and services must be identified.  All such changes will be the responsibility of the successful vendor, except for those changes being specifically negotiated and identified as being a Facility responsibility. The vendor must provide a detailed plan for conversion of the currently installed accounting system to their proposed commissary and accounting system.  This implementation plan must include all tasks required by both the HOC and the vendor, covering the period from notification of contract award through the installations, testing, and implementation of all components of the proposed system.  The plan must include beginning and completion dates.  The schedule must include, at a minimum, tasks such as installation of equipment, software, testing, and implementation.

2.22 RESPONSIBLE CONTRACTOR POLICY The County of Milwaukee recognizes that proper maintenance and superior service requires that 12 | P a g e

service contractors hire well‐trained and dedicated staff to service buildings. Assuring the availability of a qualified staff and avoiding labor disruption and costly employee turnover to treat workers fairly and to abide by applicable labor laws. The County of Milwaukee supports the development of a healthy business environment through the responsible management of the properties in which it is responsible. Therefore, the County of Milwaukee maintains the following requirement. Contractors shall abide by all applicable local, state and federal laws. Contactors shall at all times maintain safe and healthful working conditions and abide by all applicable wage and hour regulations and prohibitions against child labor. Contractors' working conditions shall conform to the standards set by the Federal OSHA. Contractors shall on request provide to the County a report on their compliance. The County recognizes the right of an employee to self‐organization and the right to form, join or assist labor organizations to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection and, conversely, the right of such employees to refrain from any or all such activities. All proposers shall provide working conditions for services of a similar character in a similar locality in which the services are performed.

2.23 DISCIPLINE OR DISCHARGE OF EMPLOYEES Milwaukee County retains the right to require the reassignment of an employee or employees, as the County may deem necessary. Reasons for this request may be but are not limited to: Incompetence, Carelessness, Disruptive or otherwise objectionable behavior. The request for reassignment is in no way a call for dismissal. It is just a request for the individual to be reassigned out of the County facility. Any contractor's employee whose employment or performance is objectionable to the county shall be immediately transferred from the premises. A request by the County to transfer an employee shall not constitute an order to discipline or discharge the employee. All actions taken by the contractor in regard to employee discipline shall be at the sole discretion of the contractor. The County shall be held harmless in any disputes the contractor may have with the contractor's employees. This shall include, but is not limited to, charges of discrimination, harassment, and discharge without just cause.

2.24 PRIME CONTRACTOR & SUBCONTRACTORS   The prime contractor will be responsible for contract performance when subcontractors are used. However, when subcontractors are used, they must abide by all terms and conditions of the contract including caregiver and/or background checks, training, uniform policy and infection control policies and the prime will be responsible to insure compliance to all required term and conditions in RFP and contract. If subcontractors are to be used, the proposer must clearly explain their participation in the proposal response documents, inclusive of DBE participation.

2.25 PRE‐PROPOSAL MEETING It is the Proposer’s responsibility to completely inspect the facility prior to submitting a proposal to determine all requirements associated with the contract. Failure to visit the site will in no way relieve the successful proposer from the necessity of providing, without additional costs to the County, all necessary services that may be required to carry out the intent of the resulting contract. A pre‐proposal conference will be held at the date, time, and location as provided on the 13 | P a g e

Information Summary Sheet. During the pre‐proposal conference, attendees may request clarification of any section of the RFP and ask any other relevant questions relating to the RFP. Proposers are encouraged to submit written questions via e‐mail, for possible response at the pre‐ proposal conference to RFP Contact/Administrator (date and time provided in the Information Summary Sheet) to enable Milwaukee County to formulate its oral responses. No oral or written responses will be given prior to the mandatory pre‐proposal conference. Any responses provided to questions during the pre‐proposal conference and site inspections will be considered drafts, and will be non‐binding. Only the final answers to written questions submitted prior to the “Receipt of Questions” deadline (date and time provided in the Information Summary Sheet) and posted on the website (web address provided on the Information Summary Sheet) will be considered official and final. Remarks and explanations at the conference shall not qualify the terms of the solicitation; and terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. All proposers interested in bidding and in touring facility must RSVP per details (date, time, and email address) on Information Summary Sheet using Attachment C (Vendor Letter of Intent to Bid). RSVP email must include Full Name of the persons participating in the tour.  County reserves the right to limit the number of participant from each proposing vendor on the tour.

2.26 FACILITY TOUR County employees will escort interested proposers on a tour of the HOC facility per date and time on Information Summary Sheet. Person attending the tour should bring State/Government issued ID at the time of the tour.

2.27 PROPOSAL BOND Any Contractor may withdraw its proposal either personally or by written request at any time prior to the time set for opening. No proposal may be withdrawn or modified after that time set forth thereof unless and until award of the contract has been delayed for a period exceeding ninety (90) days. The Contractor must submit a proposal bond within its response which is good for 150 days from the date the proposal is due. This bond shall be in the amount of $25,000.

2.28 PAST PRACTICES The Contractor shall not base its proposal on any past practices that are not clearly defined or described within this RFP.

2.29 EXECUTION OF CONTRACT Within forty‐five (45) days after the notice of award, the successful Contractor shall enter into a formal contract(s) in the approved form. It is anticipated that the contract will begin August 1, 2015. 14 | P a g e

2.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION The award of the contract is conditioned upon your good faith efforts in achieving this project’s Disadvantaged Business Enterprise (DBE) goal of 17%, and you must document those efforts. Your Proposal must state how you will meet the goal, including identifying the DBE firm(s) by name, the scope(s) of work/service(s) to be provided, the dollar amount(s) of such work, and the percentage of the DBE goal to be met. Failure to do this will result in a determination of non‐responsiveness, and rejection of your Proposal will occur. During the Contract, the successful Proposer will use the County’s online reporting s y s t e m t o d o c u m e n t D B E p a r t i c i p a t i o n .   The D i s a d v a n t a g e d B u s i n e s s E n t e r p r i s e ( DBE) Requirements and forms to be used may be downloaded from: http://county.milwaukee.gov/cbdp/ComplianceServices.htm or (Attachment T). A necessary step in the good faith efforts process is contacting Community Business Development Partners (CBDP) at 414‐278‐4747 or [email protected] for assistance in identifying DBEs and understanding the County’s DBE Program procedures. The official directory of eligible DBE firms can be accessed by the following link: https://app.mylcm.com/wisdot/Reports/WisDotUCPDirectory.aspx

2.31 SECURITY AND BACKGROUND CHECKS Caregiver and/or Background checks (as required by the facility) are mandatory for all contractor employees at contractor’s cost. Caregiver and/or Background check minimum requirement must involve a security check and process that is approved by and deemed satisfactory to Milwaukee County to ensure, at a minimum, that no staff has felony or domestic violence or other bar‐able offence(s) convictions. This will exclude Inmates working in the HOC assisting in commissary operations, if any. Security background checks shall be conducted for all employees prior to starting work.

2.32 UNIFORMS AND OPERATIONAL MATERIALS Milwaukee County will not bear costs related to the purchase and/or maintenance of company uniforms. Employees of the winning proposers are required to wear an ID badge that includes the company’s name or logo and the employee’s first name and last initial.

2.33 COMPLIANCE WITH REGULATIONS AND LAWS The successful firm shall comply with all Federal, State, and local laws, regulations, and policies governing the preparing, handling, and transportation of food; shall procure and keep in effect all necessary licenses, permits, and food handler's cards as are required by law, including a restaurant/catering license and shall post licenses, permits, and cards in a prominent place within the meal preparation areas, as required. The successful firm shall comply with all applicable Federal, State, and local laws, regulations and policies pertaining to wages and hours of employment.

2.34 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION The prices in this Proposal have been arrived at independently, without consultation, 15 | P a g e

communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder/Proposer or with any competitor. Unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to the opening in the case of an advertised procurement , or prior to award in the case of a negotiated procurement, directly or indirectly to any other Proposer or to any competitor; and no attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.

3.0

PREPARING AND SUBMITTING A PROPOSAL

3.01 GENERAL INSTRUCTIONS In an effort to ensure the most efficient and economical service, Milwaukee County is utilizing Competitive Negotiation in the Request for Proposals(RFP) process to procure commissary services and accounting software. This process bases the contract award on the County’s evaluation of work history, technical experience, ability, resources, ease of use, and other pertinent factors of the Proposer in conjunction with the total cost and commission package. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a response. Terms and Conditions of Request for Proposal (Attachment A) constitute an integral part of this RFP and are incorporated by reference. RFP materials can be downloaded from http://county.milwaukee.gov/bop.  This site should be checked frequently, as all revisions/amendments to the RFP and the written answers to the questions will be posted on the website. It is the responsibility of the applicant to respond to all requirements as they appear in the posted revisions. If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the Proposer must immediately notify the RFP Administrator of such error and request modification or clarification of the RFP.

3.02 INCURRED EXPENSES Milwaukee County shall not be responsible for any cost or expense incurred by the proposers preparing and submitting a proposal or cost associated with meetings and evaluations of proposals prior to execution of an agreement. This includes any legal fees for work performed or representation by proposer’s legal counsel during any and all phases of the RFP process, any appeal or administrative review process, and prior to County Board approval of a contract award.

3.03 SUBMITTING A PROPOSAL Respondents must submit one (1) original signed proposal and one (5) complete signed copies of their proposal(s).   Proposals shall be submitted by express or overnight mail/shipping service, U.S. Postal Service, hand 16 | P a g e

delivery by a company representative, or by Courier in two sealed packages clearly marked on the outside: “Sealed Proposal for Milwaukee County, Request for Proposal for Commissary Services, RFP #98150009 ‐Technical Proposal” “Sealed Proposal for Milwaukee County, Request for Proposal for Commissary Services, RFP #98150009 – Cost Proposal” Vendors must state in their Cost proposals that they understand the HOC may or may not select full automation of the Commissary with the selected vendor.  For purposes of clarification, this means that the County reserves the right to decide to continue with scan forms for a period of time and/or require the vendor selected to interface their Commissary services with a kiosk system provided by JPay.  Any changes in costs or commissions related to these requirements will be negotiated with the finalist.  In other words, we want to know who has the best fully automated systems (including kiosks) for the County per the specifications set forth in this RFP, but we may not implement the full system immediately. The proposals shall be addressed to: Milwaukee County Clerk’s Office 901 N. 9th Street – Room 105   Milwaukee, WI 53233 Proposals will be accepted no later than time and date on Information Summary Sheet. Late proposals will not be accepted. It shall be the responsibility of the Contractor to see that its proposal is received prior to the deadline. The County is not responsible for any internal or external delays, which may cause any proposal to arrive beyond the stated deadline. To be considered, proposals must arrive at the place specified herein and be time stamped prior to the deadline. Late proposals will not be accepted. Format – All original proposals must be submitted in one three‐ring binder. Information not specific to this RFP or performance of this contract should be omitted. If material and/or an exhibit has been submitted once, it is not necessary to include it again. A simple reference to where the pertinent information and/or document can be found will be sufficient. Within the proposal, the Contractor must submit, under separate, sealed cover, information regarding cost and expenses. Presentation Order – A table of contents must be included indicating page numbers, attachments and appendices. Supporting Documentation – All supporting documentation must be pertinent and clearly identified as to the section of the RFP to which it specifically refers. Proposal Signature – Each proposal must be signed in longhand by the Contractor’s authorized representative with his/her usual signature. Proposals by corporations must be signed with the corporate name by one of the officers, followed by the name of the state of incorporation, date of incorporation and the signature of the president, secretary, or other person authorized to bind it in the matter. Proposals submitted by partnerships must be signed with the partnership name by one or more of the partners, followed by the date and state of formation. The name of each person signing shall be typed or printed below the signature. In both cases, the agent for service must be provided. 17 | P a g e

Modifications – No oral, telephonic, telegraphic, telefax or computer modem proposals or modifications shall be considered. All proposals shall consist of a Technical Proposal and Cost Proposal. Each proposal must be submitted in separate envelopes and marked as requested below.  Your responses should be submitted as follows: Technical Proposal Contents Presentation Order – The data submitted must be presented in the following order: Cover Sheet for Technical Proposal (Attachment G) Vendor Binding Authority (Attachment B) Vendor Letter of Intent to BID (Attachment C) Feature Checklist (Attachment U) Vendor Cooperation Agreement & Listing of Excluded Services (Attachment X) Vendor Authorization for Reference check (Attachment D) Conflict of Interest Stipulation (Attachment E) Sworn Statement of Vendor (Attachment F) Vendor References (Attachment I) Conflict of Interest and Prohibited Practice (Attachment J) EEOC Compliance (Attachment K) Certification Regarding Debarment and Suspension (Attachment M) Additional Disclosures (Attachment N) Audit Services Division Hotline (Attachment P) Designation of confidential and Proprietary Information (Attachment Q) Certification of Indemnity and Insurance requirements (Attachment R) Declaration of Commitment to Compliance with Milwaukee County’s Minimum Wage   Provision (Attachment S) DBE Participation Requirement Documents (Attachment T) Feature List (Attachment U) Vendor Cooperation Agreement & Listing of Excluded Services (Attachment X) Company Information ‐ Refer to Section 5.04 for details on information requested Vendor Response to Commissary Delivery & Invoicing Requirements ‐ Refer to Sections 5.02 & 5.06 Vendor Staffing plan, including Management & Training information ‐ See Section 5.06.7.2 through 5.06.7.5 Vendor Response to Inmate Accounting Requirement – Refer to Section 5.06 A description of any additional services related to the work of this contract, if any, which the Proposer will offer to the County that relate to the work of this contract, but are not specifically required under this RFP. 18 | P a g e

Lastly, a proposed timeline detailing the length of time required between contract award and implementation of the Inmate Commissary Service.  Include the installation schedule for any equipment (see Section 2.21 titled Start Up). Cost Proposal Contents) use “Cost Proposal Response packet” to respond Cover Sheet for Pricing Proposal (Attachment H) Price/Cost sheet for Commissary Items (refer Cost Proposal Response Packet ‐ Attachment V) Price for Software Elements (also refer to Cost Proposal Response Packet – Attachment V) Indigent Product List (Attachment W) Proposals submitted in response to this RFP must be received no later than the deadline as identified in the Information Summary Sheet. Both Technical and Cost Proposals shall be identified in the lower left corner as follows: Technical Proposal Request for Proposal Title: (Title as provided on the Information Summary Sheet)   Request for Proposal Number: (Number as provided on the Information Summary Sheet)   Request for Proposal Receipt Deadline: (Date as provided on the Information Summary Sheet) And Cost Proposal Request for Proposal Title: (Title as provided on the Information Summary Sheet)   Request for Proposal Number: (Number as provided on the Information Summary Sheet)   Request for Proposal Receipt Deadline: (Date as provided on the Information Summary Sheet)

4.0

PROPOSAL SELECTION AND AWARD PROCESS

4.01 PRELIMINARY EVALUATION The proposals will be reviewed to determine if mandatory submission requirements are met. Failure to meet mandatory submission requirements will result in rejection of the proposal. Proposals that do not comply with submittal instructions established in this document and/or that do not include the required information will be rejected as non‐responsive. The Proposer assumes responsibility for meeting submission requirements and addressing all necessary technical and operational issues to meet the objectives of the RFP.

4.02 PROPOSAL SCORING An Evaluation Committee(s) will be established by Milwaukee County to evaluate all responsive proposals and to make a recommendation. A proposer may not contact any member of an evaluation committee except at the RFP Administrator’s direction. Reference the “Questions” 19 | P a g e

section for additional information. These proposals will be reviewed by an evaluation committee(s) and scored against the criteria outlined in this RFP. Technical Proposal scoring: the Evaluation Committee shall conduct its evaluation of the technical merit of the all proposer’s responsive proposals. The process involves applying the evaluation criteria and the associated weighting as outlined in the RFP to assess each vendor’s proposal. The criteria that will be used by the Evaluation Committee for the technical evaluation of this RFP are outlined below. Cost & Commission Proposal scoring: cost is one of the evaluation categories listed below and will be a defined percentage of the total RFP evaluation. It is advantageous for the County to promote revenue potential yet not “gouge” the inmate. Therefore, the cost score will be based on reasonable wholesale and sales prices and highest projected commissions.  In other words, we are looking for the reasonable prices (cost to inmates) and a commission percentage that will result in the highest commission revenues.  Therefore, Cost Proposals should include the wholesale price, recommended sales price, and their responses to the gross sales commission structure.  The Cost Proposal form has the columns for the requested data set‐up for entry by the vendor.   The vendor should also provide the one‐time costs for the Inmate Accounting package, as well as any ongoing or per‐user fees.  Any and all costs associated with the installation of kiosks shall be borne by the vendor. The evaluation committee's scoring will be tabulated and proposals ranked based on the total numerical scores, comprising the sum of both technical and cost scoring. Contractors may be required to attend an oral presentation or question/answer session to clarify or elaborate on the written proposal. Contractors are encouraged to introduce key likely area and/or site‐ specific management candidates at this session. Following final evaluation, the Committees will inform the HOC Superintendent of the final scores of proposers. At this stage County Administration will enter into negotiation process as defined in 4.04.

4.03 EVALUATION CRITERIA The evaluation panel will use the following criteria to evaluate each RFP response. The weights specify the percentage value for criterion.  A maximum of 1050 points may be awarded based upon five distinct areas of Contractor fitness: Commission/pricing rates, experience and service record, quality and variety of products, and inmate trust accounting services. Proposals will be scored and points awarded as follows: A. Requested Services Commission/Pricing Rates 200 Experience and Service Record 100 Quality and Variety of Product 300 Inmate Trust Accounting Services 400 ‐ Ease of Use (125) 20 | P a g e

‐ ‐

Performance Metrics – Reliability & Speed (100) Ability to Meet Requirements & Features Checklist (175)

B Additional Services (50 points).   The County will consider offers or recommendations from proposers for additional services with the potential to lower the cost, improve the level of service, or reduce risks to the County. The evaluation committee may, in its reasonable judgment, award up to the maximum amount of points based upon its evaluation of the merits of the proposed additional services, if any.

Total Possible Points: 1050

Technical proposals shall convey an understanding of the scope of services required. Technical proposals shall not contain any reference to price. Through its proposal, the proposer offers a solution to the objectives, problem, or need specified in the RFP, and defines how it intends to meet or exceed the RFP requirements. RFP submission must address, at a minimum, the requests enumerated below.  Please indicate for each response the number of the request that it addresses (e.g. Response to Request 1, Response to Request 2…). Experience and Service Record Request 1 ‐ Describe your firm’s experience and capabilities in providing similar services to those required.  Be specific and identify projects, dates, and results. Request 2 ‐ Describe your organization’s familiarity with inmate programs. Request 3 ‐ Describe how much of an expansion of services and/or equipment is anticipated to meet the requirements of this RFP. Request 4 – Describe your organization’s ability to meet the requirements set forth under Delivery,

Pricing, and Invoicing in Section 5.02 below. Request 5 – Provide the information set forth under Contractor Information and Requirements in Section 5.04 below. Request 6 – Describe your organization’s ability to meet the requirements set forth under Commissary Services in Section 5.06.1 below. Request 7 – Describe your organization’s ability to meet the requirements set forth under Staffing in Section 5.06.7.2 below. Request 8 – Describe your organization’s ability to meet the requirements set forth under Management in Section 5.06.7.4 below. 21 | P a g e

Request 9 – Describe your organization’s ability to meet the requirements set forth under Training in Section 5.06.7.5 below. Request 10 – Describe your organization’s ability to meet the requirements set forth under Transition Plan in Section 5.06.21 below. Quality and Variety of Product Request 11 – Describe your organization’s ability to provide the products (or substantially similar products) listed on the Cost Proposal sheet.  Indicate whether there are any items that your organization would not be able to provide. Request 12 – Describe how your organization maintains a wide variety of available products. Request 13 – Describe how your organization ensures that the products it provides are of high quality, within permissible expiration periods, etc. Request 14 – Describe your organization’s process for adding products available to customers, including the process for a request by a customer to add product(s). Request 15 – Describe your organization’s process for handling quality complaints from customers. Inmate Trust Accounting Services Request 16 – Describe your organization’s ability to meet the requirements set forth under Inmate

Banking System in Section 5.03 below. Request 17 – Describe your organization’s ability to meet the requirements set forth under Inmate Accounting in Section 5.06.2 below. Request 18 – Describe how your organization’s system is used by inmates, including factors that differentiate it from other available systems. Request 19 – Describe how your organization’s system produces performance metrics, including metrics that measure the system’s reliability and speed. Request 20 – Describe how your organization will meet the items set forth on the Requirements and Features Checklist attached to this RFP. Additional Services Request 21 – Describe any additional services or features your organization is able to provide within the scope of your proposal (i.e., do NOT include services or features that would involve additional cost to the HOC). 22 | P a g e

4.04 NEGOTIATION PROCESS AND RIGHT TO REJECT PROPOSALS Out of 1050 possible points, Proposers will be ranked based on their combined Technical and Cost scores. Competitive range will be within 100 points from the top scoring (technical criteria and original costs) proposals. Top three proposers in the competitive range will be given an opportunity to submit best and final cost offer. Respondent offering the best final total technical & cost scoring proposal will be recommended.   The award of the contract, if made, shall be as defined in the negotiation process above. Milwaukee County reserves the right to reject any and all proposals received if it deems appropriate and may modify, cancel or re‐publish the RFP at any time prior to a contract being awarded up to and through final action of the County Board of Supervisors, and the County Executive.

4.05 INTENT TO AWARD Intent to Award will be issued and all proposers will be notified. Milwaukee County reserves the right to negotiate with the selected proposer(s), at its option, regarding the terms of a contract and other issues to be incorporated into the contract. In the event that a successful agreement cannot be executed, Milwaukee County reserves the right to proceed with contract negotiations with the other responsive, qualified bidders to provide service as referenced under negotiation process. Prior to execution of any final agreement, the House of Correction shall make a recommendation of award and request approval of the County Executive and the County Board of Supervisors if required. An agreement will only be fully executed following final approval by the County Board of Supervisors, if required.

4.06 INFORMATION RELEASE All materials submitted become the property of Milwaukee County. Any restriction on the use of data contained within a request must be clearly stated in the bid itself. Proprietary information submitted in response to a request will be handled in accordance with applicable Milwaukee County Ordinances, State of Wisconsin procurement regulations, and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor’s responsibility to defend the determination in the event of an appeal or litigation. Data contained in a Request for Proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation and innovations become the property of Milwaukee County. Milwaukee County may, at any time during the procurement process, request and/or require additional disclosures, acknowledgments, and/or warranties, relating to, without limitation, confidentiality, EEOC compliance, collusion, disbarment, and/or conflict of interest. Any materials submitted by the applicant in response to this Request for Proposal that the 23 | P a g e

applicant considers confidential and proprietary information and which proposer believes qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats, or material which can be kept confidential under the Wisconsin public record law, must be identified on the Designation of Confidential and Proprietary Information form (Attachment Q). Confidential information must be labeled as such. Costs (pricing) always becomes public information and therefore cannot be kept confidential. Any other requests for confidentiality MUST be justified in writing on the form provided and included in the bid submitted. Milwaukee County has the sole right to determine whether designations made by a proposer qualify as trade secrets under the Wisconsin public records law. As this RFP is for a MCGO 32 “Service Contract,” provisions of MCGO Chapter 32.47 apply to the release of information. Chapter 32.47 governs disclosure and use of information before award. After receipt of proposals, none of the information contained in them or concerning the number or identity of proposers shall be made available to the public or to anyone in county government. During the pre‐award or pre‐ acceptance period of a negotiated procurement, only the procurement director or his or her designee, and other specifically authorized shall transmit technical or other information and conduct discussions with prospective vendors. Information shall not be furnished to a prospective vendor if, alone or together with other information, it may afford the prospective vendor an advantage over others. However, general information that is not prejudicial to others may be furnished upon request. Prospective vendors may place restrictions on the disclosure and use of data in proposals. The procurement director or his or her designee shall not exclude proposals from consideration merely because they restrict disclosure and use of data, nor shall they be prejudiced by that restriction. The portions of the proposal that are so restricted (except for information that is also obtained from another source without restriction, or information required to be disclosed to county auditors) shall be used only for evaluation and shall not be disclosed outside the county without the permission of the prospective vendor.

4.07 APPEAL Protests and appeals related to this RFP after issuance of “Intent to Award” are subject to the provisions of the Milwaukee County Code of General Ordinances, Chapter 32.  Appeal process information is available at http://www.municode.com/Library/WI/Milwaukee_County.

4.08 CANCELLATION Milwaukee County reserves the right to rescind award of the contract at any time before execution of the contract by both parties if it is deemed to be in the best interest of Milwaukee County. In no event shall the County have any liability for the rescission of award. The proposer assumes the sole risk and responsibility for all expenses connected with the preparation of its proposal.

4.09 CONTRACT A formal written contract, with specifications, will be entered into between the parties. The proposal, or any part thereof, submitted by the successful proposer may be attached to and become a part of the contract award by the Milwaukee County. After selection of the successful 24 | P a g e

proposer, a formal written contract basically encompassing this RFP, the Contractor’s proposal response, and all other relevant documents/correspondence will be drawn by Milwaukee County and will not be binding or in force until signed by both parties and approved by the County Board of Supervisors and County Executive, as required.

4.10 AUTHORITY TO DO BUSINESS IN WISCONSIN Any corporation selected to provide Commissary service not incorporated under the Laws of Wisconsin must furnish from the Wisconsin Secretary of State, a copy of its certificate of authority to do business in the State of Wisconsin. All applicable laws and regulations of the federal government, the State of Wisconsin, and ordinances, code and regulations of Milwaukee County, Wisconsin, and other lawful entity having proper jurisdiction, will apply to any resulting agreement and the work and services performed.

4.11 WISCONSIN LAWS GOVERN This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Wisconsin.

4.12 VENUE This RFP and resulting Agreement shall be deemed to have been made and performed in Milwaukee County, Wisconsin. For the purposes of venue, all suits or causes of action arising out of this RFP and resulting Agreement shall be brought in the general courts of justice in Milwaukee County, Wisconsin.

4.13 RIGHT TO AUDIT Milwaukee County reserves the right to audit any aspect of its Commissary program, as performed by the Contractor and Contractor will keep accurate and complete records thereof for at least four (4) years.

5.0

SERVICE AND TECHNICAL REQUIREMENTS

5.01 STATEMENT OF INTENT

In the interest of providing commissary services and inmate banking software for: Approximately 1200‐1660 inmates reside at the House of Correction and Franklin M. Lotter (FML) Annex located at 8885 S. 68th Street, Franklin, WI, and approximately 150‐ 225 are Huber residents.

25 | P a g e

In the most professional, yet cost efficient manner possible, Milwaukee County House of Correction (hereinafter referred to as House of Correction or HOC) intends to solicit proposals from qualified professional firms for the services for Commissary Services.  In addition to Commissary, the Vendor shall provide a full inmate fund accounting systems as indicated within the context of this proposal for Milwaukee County.    The vendor chosen for these services shall install and provide all necessary infrastructure, servers, kiosks (if so desired), network components, software, construction, installation, support and maintenance as necessary to implement the proposed solution.  Proposals must comply with all terms and conditions described in this document.  This RFP process operates under Chapter 32 of Milwaukee County Ordinances for a Services contract. Commissary has been, and will continue to be an important inmate and staff morale issue. In the case of inmates, it is absolutely essential that the items sold not become the source of inmate complaints and disciplinary problems. All proposals and any resultant contract must reflect the manner in which the House of Correction will achieve and sustain these goals on a consistent basis. 5.02 BACKGROUND AND SCOPE‐COMMISSARY

It is the intent of these specifications to solicit written proposals from experienced vendors to operate our commissary and to service and provide inmate accounting software.     Scope of Services – Commissary The County may grant exclusive right to provide a specified list (see Attachment V) of commissary services for inmates at our Milwaukee County facility.  The vendor shall provide a large selection of food, candy and gum, non‐alcoholic beverages, health and drug items, and general merchandise, including quality brand name products (collectively, called “Products”), all of which shall be subject to the approval of the County.  The County approves all Products set forth in the Cost Proposal Sheet attached here to.  In addition, the County is looking for a vendor to also provide the Products set forth on Exhibit W attached hereto and titled “Indigent Products.”  Other Products may be proposed by the vendor, but the HOC reserves all rights in determining what Products to offer the inmates.  The HOC also reserves the right to determine the final retail selling prices to the inmates. Our requirements for Delivery, Pricing, and Invoicing are detailed below. 26 | P a g e

A. Delivery Requirements ‐ Currently Commissary service is delivered to each inmate once per week. Deliveries to the HOC shall normally be next day after the orders are entered into the System. Delivery dates may change and will be determined by the HOC.  Currently Commissary service is Monday through Friday with dorms ordering on different days of the week.  Below is the current schedule.  The HOC is willing to hear different proposals to determine if a better schedule can be utilized.   # of Dorms Inmate Submits   Canteen Places Order Inmate Receives 5 Thursday Friday Monday 3 Friday Monday Tuesday 5 Monday Tuesday Wednesday 4 Tuesday Wednesday Thursday 3 Wednesday Thursday Friday

i. ii. iii. iv.

v. vi. vii.

Deliveries will be made in individual clear zipped mesh bags that allow for easy inspection. All discrepancies with inmate commissary orders shall be reported by the County to ARAMARK on the day following delivery. Commissary items will be delivered in the sorting order designated by the individual facility. Deliveries must be between 6:00 a.m. and 6:30 a.m. daily on the days designated for delivery by the facility or another time mutually agreed to by the parties.  There must be flexibility of delivery dates around the holidays. Delivery containers must be one standard size per facility or a size that is mutually agreed to by the parties. Vendor must allow returns if the prisoner was released prior to delivery. Vendor shall transport such Products ordered by inmates to inmates, and pick up Products returned by inmates to ARAMARK at its commissary facility, in a timely manner.

B. Selection and Pricing of Commissary Items  The selection and pricing of all commissary items shall be subject to the approval of the head of the individual facility.  All additions, deletions and changes in commissary items shall be made subject of the approval of the facility head.  The vendor shall provide a list to the County of all taxable items, as determined by applicable statutes or regulations.

C. Invoices

The vendor shall submit to the County on the first day of every month, for the preceding 27 | P a g e

month, an invoice for total Gross Sales of Products made during such month, and other goods or services provided by the Vendor during such month, if any.  The term “Gross Sales” shall mean total commissary sales (including, but not limited to, sales of Products and pre‐stamped envelopes, excluding any sales or use taxes).  For purposes of this Agreement, a sale shall be deemed made when a Product ordered by an inmate is delivered to the inmate, and the Product is not returned.  For purposes of this Agreement, all sales are final and no returns will be honored unless the inmate who ordered a Product refuses delivery of such Product at the time such Product is delivered.  If an inmate is released prior to Product delivery and fails to claim such Product within seventy‐two (72) hours after release, the Product shall be deemed returned. If a vendor desires to utilize kiosks equipment for Commissary, floor plans for the HOC which include identification of anticipated kiosk equipment locations (approximately 29) can be supplied. Vendors must request a floor plan and submit a letter of intent to bid.   Floor plans will be distributed during the site visit.  Vendors may utilize kiosks that will be installed for another service, if both vendors agree, otherwise the HOC is willing to allow multiple kiosk in the dorms.

The information provided is an estimate based on past history, but may not accurately reflect future Commissary volumes.  The total monies (gross sales) generated by the vendor in the performance of this contract excluding sales tax where applicable is estimated to be approximately $700,000 to $760,000 annually at the HOC.  See estimated Item Sales Counts in the Cost Proposal Sheet. 

Number of Inmate housing units: 37 at HOC.  (Possibly 18 more at jail; however, that facility is not included in this RFP at this time.)

Interested Contractors will be given a guided tour of the facility as mentioned on Information Summary Sheet. Subsequent visits are permitted but must be prearranged with County staff. The HOC currently uses a mainframe based Jail Management System but will be migrating to the ProPhoenix Jail Management System in 2015. Any program interfacing will be the responsibility of the Contractor.    5.03 BACKGROUND AND SCOPE‐INMATE BANKING SYSTEM Scope of Services – Inmate Banking System

An accounting system is required to manage our Inmate Trust Account activities.  Our Inmate Trust account staff uses the system to manage and allow inmates to purchase 28 | P a g e

items, such as barber, medical co‐pays, commissary, as well as to pay fines and so on.   This system tracks each deposit and withdrawal entry and also allows the HOC to determine and to provide the remaining funds back to the inmate upon their release via check or debit release card.  The HOC is seeking options in the hopes of implementing a new or updated system on or before August 1, 2015.

5.04 CONTRACTOR INFORMATION REQUIREMENTS

In order to be considered for this contract, the proposing Contractor must have a minimum of three years of experience providing various services required by and to similar type and size correctional facilities. A statement attesting this fact must be included within the proposal response. In addition, the following information must be included in each proposal. The information will give the HOC an overview of the Contractor’s business operation. 5.04.1 Headquarters Office 5.04.1.1 Location‐Street Address, City, State, Zip Code, Phone Number 5.04.1.2 Services available‐Describe any services that can be provided that is related to inmate Commissary and Accounting 5.04.1.3 Financial Considerations Ownership Private (furnish most recent CPA’s audited financial statement and tax return) or Public (furnish annual report) Credit rating – Bank, credit rating services or other letter of reference Credit guarantee – If applicable; will parent guarantee subsidiary’s debts throughout life of contract? Bankruptcy declaration – State whether there has been any form of bankruptcy or creditor protection within the past ten years. Accounting Procedures‐Describe Audit Control – Example: Lawsuits won, lost and settled. Describe the number, type and amount paid out for each case filed within the past ten years. The state, court jurisdiction and case number should be supplied for each. Designate the person to be contacted for receipt of all legal claims and explain the process for handling each case or complaint. Contract Compliance Penalties – All monetary losses (to include billing credits) in excess of $5,000 must be explained. 29 | P a g e

5.04.1.4

5.04.1.5

References References – List of comparable type/size accounts and contract as well as the duration of each. The customers may be interviewed in at least five areas including installation dates, equipment and/or service performance, hardware, software maintenance and timeliness of commission checks.  The majority of the customers must respond positively in order for the vendor to be successful in this portion of the evaluations.    All current and previous customers that are comparable‐sized clients within the past three years must also be listed with position/title, name, address phone number, and email address of client contacts. Organization Structure Form/History – Legal organization classification and recent history relative to form, name and significant ownership changes. Majority/principal owners – List all with 5 percent or more ownership positions. Area of activity – Business segment and geographic location(s).    Total number of operations ‐ number of corrections related units and annual gross sales. Structure of national organization – Specific to Commissary & Inmate Accounting services, the supervision number of regions, span of control, levels of management.

5.04.2

Regional Office

5.04.2.1

Location – Street Address, City, State, Zip Code, Phone Number

5.04.2.2

Services Available ‐ Describe

5.05 RESPONSIBILITIES OF THE HOC

5.05.1

5.05.2 30 | P a g e

The County shall provide the vendor with adequate office and storage facilities (except as noted in Vendor Responsibilities) at the HOC Facility, equipped and ready to operate together with such heat, and utility services as may be reasonably required for the efficient performance of the Services. If applicable, any other hardware that is installed shall become the property of the County after the initial contract. Ingress/Egress‐The HOC will provide ingress/egress, subject to security

requirements, for the Contractor’s employees via the designated entry ways.  The HOC can only try to facilitate the same at any other applicable County facilities. 5.05.3

Building Maintenance‐ The County will provide the vendor with building maintenances services for the Facility and preventive maintenance and equipment repairs and replacements for any County‐owned equipment.

If the vendor choses to propose a kiosk system to order any commissary item, then the HOC will provide the space needed for the necessary number of kiosks at the HOC.  The HOC can only help facilitate the same at any other applicable County facilities.

Office space will be provided at the HOC temporarily during installation and any training period.

5.05.4

Contract Administration‐The administration and management of this contract is the direct responsibility of the HOC Superintendent. The Superintendent has delegated day‐to‐day responsibility for contract administration/communication to the Assistant Superintendent, Fiscal Operations Manager as assigned, or other persons so designated. No adjustment in the level of service, commission rates, monthly charges, or any other matters concerning the terms of the contract may be made without the express written consent of the Superintendent of his assigned delegate.

5.06 RESPONSIBILITIES OF THE CONTRACTOR

5.06.1

Commissary Services‐ The vendor shall provide the following services.  Please

respond with how your system and products would address these needs.   Alternative solutions and recommendations may also be presented. •

•

•

•

• 31 | P a g e

All necessary supplies and equipment, including automation equipment, to maintain an inventory of approved items for sale at a location approved by the Superintendent, until ordered by Milwaukee County inmates.  County may terminate use of space at the HOC with a ninety (90) day notice to the vendor.  County shall then assign an alternate space to the vendor to store its inventory. Only fresh (non‐expired) and legal products may be sold on commissary. Items requiring refrigeration will not be considered. Items found to be expired or defective must be picked up and replaced by the Contractor at the Contractor’s expense. A wide variety of products must be available for purchase, including small food items, hygiene products, and stationery (paper, envelopes, etc.). All products and prices must be approved by the Superintendent prior to being made available to inmates The County requires the Contractor to provide adequate staff to gather and distribute commissary items to individual housing areas at the agreed day and time. Vendor staff will pass out the items to the inmates once they are delivered to the housing areas. The County will provide an area for staging and information gathering.

• • • • •

•

• •

•

•

•

• •

5.06.2

Packing and other commissary operations must occur off site. Should training be required, the Contractor is responsible for providing training to County employees. Vendor will be responsible for long distance telephone service. Vendor will be responsible for installation, support, upgrades and maintenance of all software and hardware related to Commissary. Seamless electronic integration with the current or future inmate trust accounting system for the inmates at Milwaukee County HOC and/or jail, to verify account balances, record purchases, and to access information that determines commissary ordering privileges (e.g. inmate housing unit and classification). The successful proposal shall provide all equipment, materials, training and supervision required to provide Commissary services. Any cost associated with equipment, installation, materials and/or services shall not be the responsibility of HOC. Any peripherals, such as a scanner or modem, and software required to complete an automated ordering system process. Process inmate commissary orders utilizing an automated system that interfaces with the Accounting system used to manage inmate accounts. If using scan forms, provide all commissary order forms which shall be customized scan forms.  The scan form shall specify the quantity, size, and cost of each item, inmate location, and indicate if the item is taxable.  If using alternative to scan forms, vendor must provide all necessary items for the system.    A description of the process for managing refunds to inmates who are released after an order has been filled, but prior to receiving ordered goods. Include Proposer's policy for returning unopened bags. Vendor must agree to interface with the designated inmate telephone vendor’s system, and also integrate with the vendor providing money transfer and e‐media services. Must be able to turn a specific inmate account on or off for a period of time, e.g. for disciplinary purposes; no commissary for two weeks. All work shall be performed without the use of inmate labor.

Inmate Accounting ‐ Vendors shall provide a detailed description of the capabilities and features of their specific accounting software.  The system must at a minimum provide the following.  Please respond with how your product would address these needs.  Alternative solutions and recommendations may also be presented.   Vendors shall also respond to the Feature Checklist found in Attachment V.

1. Maintenance and repairs. The County requires that the Contractor provide an on‐ site maintenance response for all system components according to the following schedule: a. Within four (4) hours for of the first call for service of the kiosk in the Booking area if the issue renders the unit unusable. 32 | P a g e

2. 3. 4.

5. 6.

7. 8. 9. 10. 11.

b. Within twenty‐four (24) hours of the first call for service for all other components. The trust accounting system must interface with the current and future jail management system. The system must have the ability to deduct a set percentage of funds deposited on an account for fees owed. The system must have the ability to maintain a negative account balance after inmate discharge to aid in the collection of owed funds in a subsequent incarceration. The system must have the ability to show a detailed individual account history for each inmate that includes all transactions. The system must have the ability to show the origin of funds placed on an inmate account. In addition, the County prefers the system provide investigative tools, such as the ability to run a depositor’s name to show all inmates that depositor has contributed funds to.   The system must have the ability to create charges, credits, and debits to an inmate account.   Provide a description of how system updates will be performed, and how updates or changes are communicated to the County. Provide a description of other system requirements, including network and internet connectivity requirements and bandwidth needs, if applicable. The Contractor is responsible for providing training to County employees. The County requires the ability to access the Contractor's customer service staff during normal business hours (M‐F, 8am‐5pm local time) to assist with inmate accounting needs and issues.

12. The software will be provided at no charge and will be used as the primary inmate fund accounting system. 13. The vendor will ensure that the latest software version is utilized and that upgrades and modifications will be provided at no charge. 14. The software must be able to maintain a permanent record of activity for each individual inmate, including a full accounts receivable capability for recoverable. 15. The software must be able to provide various reports on gross sales, totals sales by items, location, and by individual inmate. 16. Provide a list of reports that can be run, including a brief description of what each report contains, if the report’s title does not make the report’s contents clear. Include sample reports if possible. 17. Accounting system that is based upon and adheres to Generally Accepted Accounting Principles (GAAP) and conforms to and facilitates recommended Government Accounting Standards Board (GASB) financial reporting.

18. Require ability to identify inmates exceeding cash inflow/outflow thresholds to support compliance with U.S. Bank Secrecy Act (BSA) and Anti‐money Laundering (AML) with reporting capability/software downloads.  Identify inmates that are listed in the OFAC list of Specially Designated Nationals or Blocked Entities (SDN). 19. The system must follow the County’s fiscal period, which is January 1 through December 31. 20. They system must be able to produce invoices for billing purposes. For example, we need to know how customized system-generated statements might print automatically for inmates being released with outstanding debt. System should also have the ability to print out invoices to mail to former inmates using window envelopes. 33 | P a g e

21. The inmate must have an account on the system or kiosk as soon as they are entered into the Jail Management System. 22. We must be able to search by an inmate name as well as date of birth to see all related accounts. 23. The accounting system must allow fees to be charged and credited to inmate

24. 25. 26. 27. 28. 29. 30.

31.

32.

33. 34. 35. 36. 37. 38. 39. 40. 34 | P a g e

accounts. Including the creation of separate accounts for all inmate transactions including accounts that are not related specifically to commissary, such as haircuts, work release fees, and booking fees. The system must be able to determine true revenue amounts versus adjustments and arrearage revenue. We have accounts with negative balances, and we need to be certain what is uncollected. We must be able to run reports which show what revenue amounts belong to each service, such as full-time Huber Board fees, part-time Board fees, medical, or indigent. The system must limit inmate commissary purchases based upon the balance available in the inmate’s account, dietary restrictions, classification, and/or housing assignment. Vendors must describe the technical process, such as describing how inmate information is added and removed when they arrive and leave and also what happens in the event that there is no jail management system connectivity. Vendor must also discuss how money is collected from an incoming inmate, keeping in mind that County personnel should have minimal contact with money. Inmate accounts with debt balances must be maintained until the account balance is zero. The accounting system have the ability to display a screen that reflects all individual inmate account activity (incoming payments, commissary charges/credits, receivable charges, payments) and the running balance on the account as well as the ability to generate an all-inclusive report showing all transactions on an individual inmate account and the resulting account balance. The vendor shall describe in detail how prior debt and/or prior transactions are merged into a new record in the event that the same inmate returns to the facility or how the software recognizes a potential duplicate record. The ability to merge records must be described regardless of whether the proposed inmate accounting software utilizes a booking number or a global jacket number. The system must have the ability for the HOC to determine what percentage of available/incoming funds on inmate accounts is made available for commissary purchases versus what percentage is applied toward each of the other potential types of fees outstanding. Vendors must describe any disaster recovery or redundancy options, both off-site and on-site. Vendor must describe what reports are available and how ad-hoc reports can be created. Must be able to download reports into Excel. Vendor must also describe how requested system changes are handled. Vendor must discuss how the software is licensed and paid for, as well as who owns the software and data, and if changes in ownership over time or negotiation is possible Vendor must discuss how vendor and also customer requested upgrades and maintenance are handled and paid for. Below are other desired features and considerations. Please comment on how your offer addresses these features. Please also complete the attached Feature Checklist. Typically these systems have a dual entry general ledger.

41. It would be preferable for the system to automatically collect any outstanding debt prior to releasing a check or debit card to the inmate. 42. The accounting system should have the ability to generate a “positive pay” file for all checks written. 43. The system must also allow bank related overages or shortages to be entered into the general ledger. 44. The system should also allow journal entries to be made in the general ledger by accounting staff. 45. The accounting system must allow transactions (charges, payments, and

46.

47. 48. 49. 50. 51. 52. 53. 54. 55.

corrections) to be posted on inactive inmate accounts and should allow payments to be accepted and posted to inactive inmate accounts via third party payment mechanisms (secure website, telephone, mail, walk-in cash location, lobby kiosks). It is preferable that the accounting system have the capability to charge certain types of fees automatically and/or to allow staff members to upload certain types of fees to various inmate accounts from an Excel list in lieu of charging each inmate account individually. The bank reconciliation feature in the accounting system should be able to accept/download checkbook reconciliation information from the bank. The system should include a safeguard to ensure all debt is collected prior to issuing any form of payment to an inmate upon release. Most solutions allow inmates to either receive a check or debit card upon release and should allow the inmate to pay all or a portion of any outstanding balance by credit/debit card before leaving the facility. It would be preferable for check numbering to be done by the system and recorded in the inmate account automatically. At the time of release, the check or debit card amount should be automatically determined by the system based upon the actual inmate account balance including any commissary or telephone credits. The system should be able to determine various revenue streams from inmates and to code it as such using the County’s revenue codes. Typically commissary orders are deducted from the inmate account and commissary credits are posted to the inmate account in real-time. Desire that receipts print automatically for each transaction with regard to an inmate’s account including deposits upon arrival, withdrawals when released, etc. If inmate orders for commissary are to be done using a kiosk, please describe a backup (e.g., paper) solution that would and must be available in the event that the electronic system is down.

56. A description of any special features or options applicable to this system. 57. The inmate and the public should access the system via a separate means or line to maintain separation between this group and the main backend system and users.

5.06.3

5.06.4

5.06.5 35 | P a g e

Equipment & Facilities‐The Contractor shall warrant that it will take all reasonable and prudent measures necessary to assure the County that its equipment is being properly used and maintained. The Contractor will have direct responsibility for the care and maintenance of their equipment in County facilities. HOC Maintenance Assistance – The Contractor may, at its discretion, utilize HOC or County maintenance personnel for minor electrical and equipment repairs. The decision to repair or not repair rests solely with the HOC or County. Contractor Purchased Equipment – Contractor purchased equipment determined by

the HOC to be nonproprietary will, upon contract termination, become the property of the HOC. A separate list of all Contractor supplied equipment must be maintained and submitted to the HOC annually.  The HOC will permit the Contractor to use whatever equipment that has historically been used by the Commissary that are available in the HOC. The Contractor must, however, purchase all other equipment that it deems necessary.  Vehicles – Any vehicles required by the Contractor in the execution of this contract, shall be purchased, used and maintained at its own expense.

5.06.6

5.06.7 5.06.7.1

5.06.7.2

5.06.7.3

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Cleaning – The Contractor will be responsible for all day‐to‐day as well as periodic major cleaning of the Commissary areas in the HOC.  Janitorial personnel will not be assigned any work in Commissary. The Contractor must immediately clean up any spills that occur in the halls or elevators during the transport of food, drinks, and other supplies. A cleaning schedule will be developed and maintained on a daily basis. The Contractor will inspect and verify cleanliness by a manager’s signature on a daily basis. The County shall be responsible for extermination services and the removal of trash and garbage from the commissary areas. Personnel and Supervision Selection and Hiring – All personnel being considered for hire by the Contractor must submit to a HOC screening process for contractor employees and background records check. All prospective Commissary service employees must undergo a Contractor paid for drug and alcohol screen prior to having their names submitted for a security check. The HOC reserves the right to exclude potential or expel any incumbent Contractor management and staff personnel without notice for any reason. Furthermore, the HOC reserves the right to conduct announced drug and alcohol screens. Staffing – The Contractor must staff its operations with the optimum number of employees at all times for the efficient operation of the facility. Detailed staffing charts showing scheduled hours for each person by position must be submitted within the primary proposal. Any subsequent reductions in the total number of hours proposed for each location must be approved in writing by the HOC prior to implementation.    A plan for staffing the needs for commissary services, including the method to be used to address staffing “no shows” or absences on delivery days. Include a description of how the Proposer plans to ensure Commissary orders are delivered on time every week. Wages & Benefits – Proposals with wage rates which do not meet the “living wage” and specified prevailing wages for comparable positions within Milwaukee and the Milwaukee County metropolitan area will be rejected.

5.06.7.4

Management



The proposing Contractor shall provide job profiles and resumes for individuals who will be considered for the Contractor’s position of on‐ site Regional or Region Manager, General Manager, as well as the people assigned to manage the Commissary & Accounting software. It is required a Regional/Region Manager maintain a minimum presence of two days per week at the HOC, the General Manager have previous comparable (a minimum of two years in terms of type/size correction facility) experience. An interview and HOC approval of all proposed managers will be required prior to the award of the contract.



The HOC also requires that it be notified no less than thirty (30) days prior to the transfer/removal of any manager and primary assistant and to interview/approve any replacement. The HOC reserves the right to reject any manager candidates without cause.



A management level person must be on duty during all service periods.

5.06.7.5

5.06.7.7

5.06.7.8

5.06.7.9

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Training – The Contractor’s proposal is to specifically identify what initial (to include orientation) and ongoing training and amount of time will be dedicated to Commissary and Accounting System operations. The HOC reserves the right to prohibit the Contractor from using HOC facilities to train its staff for other area clients if it determines that such activity is detrimental to Commissary and Accounting operations. All Contractor staff will be required to attend an orientation program at which time all HOC rules and regulations will be explained, to include the Federal Prison Rape Elimination Act. Contractor employees will be required to acknowledge, in writing, that they have received both the oral presentation and written materials from the HOC’s Training staff. Compliance with Rules and Regulations – The Contractor and its employees assigned to any HOC facility area will be expected to comply with all HOC rules of conduct and dress concerning normal day‐to‐day operations. Uniforms – Contractor employees, including management, shall be properly attired in a distinctive uniform or coat. The Contractor’s employees must be clean, and neat at all times and easily discernible from the inmates/inmate workers. The Contractor must adopt adequate safeguards to insure that all uniforms are regularly inventoried and stored in areas non accessible to inmates. Contractors are to encourage their employees to not wear their uniforms to and from work. Employee Removal – The HOC may require the Contractor to immediately remove any of the Contractor’s employees from the HOC’s premises for any reason sufficient to the HOC. Any and all such removals will be made in the name of the Contractor and therefore the Contractor will assume the responsibility for

the removal. The Contractor has sole responsibility for returning to the HOC the employee’s security identification badge within 24 hours of the employee’s final shift. 5.06.8 5.06.8.1

Financial Compensation – Each Contractor must respond to the itemized list of Products that will be for sale, along with their respective wholesale cost, and recommended sales price (excluding sales taxes where applicable), under separate, sealed cover. The proposed commission percentage based on the gross monthly sales range provided must also be provided.  Additional products may be listed with the information on costs and sales price included.   The format for responses can be found in Cost Proposal Response packet (Attachment V).

The County will be compensated monthly based on the commission earned.

In addition, the total one‐time and any ongoing maintenance costs for any software or kiosks should be listed separately. Any one‐time or ongoing cost for additional County system users or other features should also be listed separately.

5.06.8.2

Compensation – Report The Contractor is to submit to the HOC on a monthly basis, a commission statement for the previous month with the number and type of commissary items sold to: • Facility inmates by floor and/or dorm • Official guests (prior written authorization and separate billing required) • Authorized extra purchases

5.06.8.3

5.06.9 5.06.9.1 38 | P a g e

Commissary Count Reconciliation – The Contractor and the HOC will reconcile Commissary counts with the Inmate Accounting System. In the event of any dispute regarding item counts and subsequent charges, the HOC shall resolve any discrepancy by using the count of the actual number of items received, unless it is exceeded by the number of items ordered, in which event that number will prevail. In the event of any dispute, the HOC’s count shall prevail.   Accounting Cycle – The Contractor must comply, for accounting cycle purposes, with the HOC’s fiscal year of January 1st to December 31st and calendar month periods. The vendor shall submit monthly invoices for the prior month’s deliveries.  Any invoices shall be paid within sixty (60) days from the time Milwaukee County’s Accounts Payable receives the approved invoice or within ninety days date stamped from Contractor. Facility Security Ingress/Egress – All Contractor employees must enter the building via the designated building entrance and will be signed in and out of the buildings.

5.06.9.2

5.06.9.3

5.06.9.4

5.06.9.5

5.06.9.6 5.06.9.7 5.06.10 5.06.11.1

Search – All Contractor employees will be subject to search upon entering and leaving the building. All items carried into and out of the facility should be in clear plastic bags. No tobacco products of any type will be permitted except in designated smoking break areas. No cellular or other electronic devices are permitted in HOC; these and any other personal items are to be stored inside of the designated locker room in assigned locker. Physician prescribed medications sufficient for consumption during that shift will be permitted. Contractor’s employees, their personal articles and lockers/storage containers are subject to search anytime in all HOC and contracted detention facilities. Identification Badges – All Contractor employees will wear the County purchased identification badge (with picture) face up in a visible manner from the point at which they enter the building and at all times while in the building until the point at which they leave the building.    Locked Doors – The Contractor and its employees will be responsible for keeping closed and locked all internal doors in the assigned work areas. The Contractor and its employees must adhere to all security restrictions imposed by the HOC. Employee/Inmate Relationships – The Contractor must ascertain and notify the HOC in writing if any employee is related to or has or initiates an ongoing personal relationship with any person confined as an inmate in any of the HOC– operated detention facilities.  It is the Contractor’s responsibility to require its employees to alert the Contractor whenever a person, who is a relative or personal acquaintance of that employee, is admitted to any HOC detention facility. No cigarettes, tobacco products, or any other kind of contraband can be given or sold to inmates. Maintenance Vendors – Maintenance vendors will be required to enter the building though the proper security channels. There will be no exceptions. Emergency Authority – In an emergency situation, HOC staff takes supervisory and/or command precedent over the Contractor’s management and staff. Sanitation and Safety Medical Exams – All prospective Contractor personnel must obtain medical clearance from a State of Wisconsin licensed physician prior to being permitted to work. At a minimum, the medical clearance must address, but not necessarily be limited to the following “screens:”

• •

Blood for communicable diseases (hepatitis, etc.) Chest X‐ray or Tine test for Tuberculosis (TB)

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If mandated, all employees will be required to obtain and must have a valid Serve Safe certificate. Appropriate records and proof of such medical clearances and certificates for each employee must be kept on file for the

County to review. 5.06.11.2 5.06.11.3

5.06.12

5.06.13

5.06.14

Medical Clearance – The Contractor will require medical clearance for any employee to return to work after a three (3) day’s absence for illness. Employee/Inmate Worker Physical Health – The Contractor will not permit employees or assigned inmate workers with communicable health programs (including open sores) to work. Inmate workers must be cleared through medical. As a precaution, the Contractor must visually inspect the hands and face of each inmate worker prior to the start of each inmate worker shift. Any inmates with suspicious symptoms or open cuts must be directed to report to the medical office and receive written clearance before being permitted to work again. Energy Conservation‐When the Commissary is not in use, the Contractor will assume maximum utility/energy cost conservation by turning off or down lights, fans, and other energy consuming items. The Contractor will be responsible for turning off all non‐essential equipment when the area is not in use. Assignment‐The Contractor’s rights and obligations cannot be transferred or subcontracted without the written approval from the HOC. The HOC by this agreement incurs no liability to third persons for payment of any compensation provided herein to Contractor. Records‐The Contractor will be required to maintain sufficient records to establish a verifiable audit trail.  Also the vendor will provide:

 



Along with the monthly invoice, Contractor shall furnish a statement that itemizes all sales for the respective month. Contractor shall keep adequate books and records of accounts related to the County and shall permit the County to inspect such books and records at any reasonable time during normal business hours with a seven (7) day notice. Contractor shall permit the County to conduct an annual audit of Contractor’s books and records that relate to the services provided at any reasonable time during normal business hours with a seven (7) day notice.

5.06.15

Complaints/Grievances‐All complaints by inmates and staff will be submitted in writing to the Superintendent. All complaints will be forwarded in writing to Contractor management. The Contractor will have five (5) business days in which to present a written response to all grievances detailing the solution to the problem. A written record of all complaints and responses must be maintained for the life of this contract plus three years. A record of grievances listing the number and cause for grievance will be submitted quarterly to the Superintendent.

5.06.16

Insurance‐(refer to section 1 Certification for Indemnity and Insurance

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Attachment R)

5.06.17

Independent Status of Contractor‐The Contractor hereby represents and agrees that it is engaged as an independent Contractor and not as the agent, employee, or servant of the County; that it has and  hereby retains the right to exercise control and supervision of the work and full control over the employment, direction, compensation, and discharge of all persons assisting it in the work; that it will be solely responsible for wages (including withholding of income taxes and social security), taxes, worker’s compensation, compliance with OSHA and all State of Wisconsin and Federal employment related regulations relating to its employees; and that it will be responsible for its own acts and those of its subordinates, employees and agents during the term of the Agreement. Contractor shall retain the exclusive right to hire and fire and set the terms and conditions of employment for its employees, including wages, hours, fringe benefits, duties, grievance procedures and labor relations matters. The County shall not be considered a joint employer, joint venturer, or partner with Contractor.

5.06.18

Termination of Contractor‐The HOC shall have the right to immediately terminate the contract without notice if, for any reason, the Contractor fails to provide service for a period in excess of 48 hours. In addition, this termination right will be enforced if the Contractor is determined to be in consistent serious violation of health, sanitation and safety requirements by the HOC, Milwaukee County Health Office, or other relevant agencies.

5.06.18.1

Failure by the Contractor to correct any contract violation within five (5) calendar days after receipt of notice will be cause for immediate termination of the contract.

5.06.18.2

The HOC reserves the right to terminate the Contractor upon 30 days written notice for any cause.

5.06.19

Liquidated Damages for Non and Partial Performance

5.06.19.1

Penalties‐if contractor fails to meet any of the performance requirements set forth below more than one (1) time in any twelve (12) month period, and after notice from the County and a reasonable opportunity to cure, Contractor fails to meet any of the performance requirements set forth below, the Contractor shall pay the County the following penalty amounts unless the contract violation or triggering event results from an event outside of the Contractor’s direct control:

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Commissary Order Forms not available; $500 each day, Commissary Order Forms not accurate; $500 each discrepancy, County‐provided tracking form for commissary credits not completed accurately and/or submitted; $500 each day,

• • • • • • • •

Breach of security regulations; $1,000, repeat occurrence $2,000, Product identified on order form is unavailable for delivery‐out of stock & no noticed; $100 each occurrence, Product identified on order form not delivered‐packaging oversight; $10 each occurrence, Product substituted without prior approval; $500, repeat occurrence $1,000, Quantity, price, or size of product changed without prior approval; $500 each occurrence, Pre‐established commissary delivery schedule not accomplished; $500 each day, Automated order processing/posting system not online due to vendor issue; $250 each day, Vendor books and records not made available for audit with a seven day notice; $5,000 each occurrence.

5.06.20

5.06.21

Emergencies‐The Contractor shall include in the proposal, contingency plans to provide service in the face of unexpected events, i.e., power failure, fire, riot, lockdown, labor strikes, ice storms or acts of God that would preclude normal expectations. Transition Plan‐The Contractor will submit, in writing within its proposal, a plan for transition; for hiring and training of staff, security clearances, medical screenings, purchasing, inventory, and other factors to assure that there is no operational or security break in the system during said transitions. The Contractor agrees to fully cooperate with any subsequent contractor so as to insure a smooth transition. In the event of any question or conflict, the HOC’s decision shall be binding on both parties.

5.07 CONTRACT REVISON/RENEWAL 5.07.1

5.07.2

5.07.3

Limitations‐The HOC reserves the right to either increase or decrease or change the type of Commissary items within the terms of the contract. Any cost for the changes or additional services only will be negotiated at the time the request is made. Notification of Renewal‐The HOC will notify the Contractor no later than 90 days before contract renewal whether or not it will exercise the option to renew the contract for the next fiscal year. Fiscal Year Funding‐The fiscal year funding for the HOC contract which extends beyond the current fiscal year to be executed subject to future appropriations to fund its provision, and contract documents will reflect this condition.

5.09 ENTIRE AGREEMENT AND AMENDMENTS

This Agreement represents the entire agreement between the parties and supersedes any and all prior agreements. All prior negotiations have been merged into this Agreement, and there are no 42 | P a g e

understandings, representations, or agreements, oral or written, express or implied, other than those set forth herein. Obligations of the parties set forth in this agreement arising out of events occurring during the life of this Agreement shall survive the termination of this Agreement.

The terms of this Agreement may not be changed, modified or amended except by a writing signed by both parties.

5.10 WAIVER

The failure of the Contractor or HOC to exercise any right or remedy available under this Agreement upon the other party’s breach of the terms, representations, covenants or conditions of this Agreement of the failure to demand the prompt performance of any obligation under this Agreement shall not be deemed a waiver or (i) such right or remedy; (ii) the requirement of punctual performance; or (iii) any right or remedy in connection with any subsequent breach or default on the part of the other party.

5.11 DESIGNEE Any action, authorization or representation required under this Agreement by the HOC may be fulfilled by the Superintendent or his designee.

5.17 PERFORMANCE BOND

The successful Contractor will provide to the HOC a $100,000 Performance Bond with surety satisfactory to the HOC, within ten (10) working days after notice is received from the HOC that the contract has been awarded to the Contractor. The cost of providing the bond shall be considered as included in the proposal price (but listed separately) and no additional compensation will be allowed therefore. All other specifications pertaining to insurance requirements (HOC Section 6.16) will pertain to this bond requirement. The HOC may, at its sole discretion, waive this requirement and receive a corresponding commission and/or software pricing adjustment.

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6.0

REQUIRED FORMS

Attachment # A

Terms and Conditions of Request for Proposal

B

Vendor Binding Authority

C

Vendor Letter of Intent to Bid

D

Authorization for Reference Check

E

Conflict of Interest Stipulation

F

Sworn Statement of Vendor

G

Cover Sheet for the Technical Proposal

H

Cover Sheet for the Cost Proposal

I

Vendor References

J

Conflicts of Interest and Prohibited practices

K

Equal Employment Opportunity Certificate

L

Equal Opportunity Policy

M

Certification regarding Debarment and Suspension

N

Additional disclosures

O

Hotline Flier

P

Audit Services Division Hotline

Q

Designation of Confidential and Proprietary Information

R

Certification for Indemnity and Insurance Requirements

S

Minimum Wage Ordinance Compliance

T

DBE Forms

U

Feature Requirements Checklist – Commissary & Inmate Accounting Software

V

Cost Proposal Response Packet

W

Indigent Product List

X

Vendor Cooperation & Listing of Excluded Services

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ATTACHMENT A - TERMS AND CONDITIONS OF REQUEST FOR PROPOSAL

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ATTACHMENT B – VENDOR BINDING AUTHORITY

VENDOR BINDING AUTHORITY Re:  Milwaukee County I am an officer and/or have the authority to bind our company to any and all contractual agreements with the contract holder. I have reviewed our response to the bid/proposal specifications and certify that it is an accurate representation of our organization, capabilities, and proposed services, and is in agreement with the RFP requirements except as stated or referenced below (or on the attached page). _____________________________________

____________________________________

Company Name

Signature

_____________________________________

____________________________________

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Date

    Title

ATTACHMENT C – VENDOR LETTER OF INTENT TO BID

VENDOR LETTER OF INTENT TO BID The undersigned hereby acknowledges the terms and conditions of this Request for Proposal (RFP) and intends to respond to Milwaukee County Commissary & Inmate Banking Services RFP.  We understand that Milwaukee County will post all modifications or updates to this RFP at http://county.milwaukee.gov/bop. It is our responsibility to check the site frequently, as all revisions/amendments to the RFP and the written answers to the questions will be posted on the website.   It is the responsibility of the applicant to respond to all requirements as they appear in the posted revisions. _______________________________________   _______________________ Representative’s Signature

Date

__________________________________________________________________ Representative’s Printed Name __________________________________________________________________ Company Name and Legal Name for Business within Wisconsin ___________________________

____________________   ___________________________

Telephone Number & Extension

Facsimile Number

E‐mail Address (required)

We will be participating in the Pre‐Proposal conference and facility tour.  The below is a list of attendees (limit 3)*:

Name

Title

1._________________________________________________________________ 2._________________________________________________________________ 3. ________________________________________________________________ This form is mandatory if the vendor intends to or has any interest in response to this RFP.  The attendee information is required to obtain security clearance for individuals scheduled to attend the Pre‐Proposal Meeting (if applicable).   No more than three individuals may participate for any one vendor.  However, neither this letter of intent to bid nor the company’s participation in the Pre‐Proposal meeting obligates the vendor to actually submit a proposal in response to this RFP.  Government issued photo identification is required to enter the facility.   *County reserves the right to limit the number of participant from each proposing vendor on the tour.

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ATTACHMENT D – AUTHORIZATION FOR REFERENCE CHECK

AUTHORIZATION FOR REFERENCE CHECK This authorization should be on company letterhead. Do not modify the contents of this letter. The undersigned hereby authorizes the recipient of this authorization (or a copy thereof) to furnish Milwaukee County any and all information that said recipient may have concerning the undersigned’s contract performance history. This information is to be furnished to Milwaukee County for the purposes of evaluating the ability of the undersigned to perform Commissary & Inmate Banking Services for Milwaukee County. The undersigned further authorizes any person contacted to give Milwaukee County any and all information concerning the undersigned’s (and the employees of the undersigned) education, work experience, and character which they may have, personal or otherwise, and releases all parties from all liability for any damage that may result from furnishing the same to Milwaukee County.

A photocopy of this authorization shall be deemed equivalent to the original.

Dated this __________ day of ________________________, 20 ____.

Authorized Signature _____________________________________

Title ___________________________________________________ Name of Firm ___________________________________________

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ATTACHMENT E – CONFLICT OF INTEREST STIPULATION CONFLICT OF INTEREST STIPULATION For purposes of determining any possible conflict of interest, all vendors submitting a proposal in response to this RFP must disclose if any Milwaukee County employee, agent or representative or an immediate family member is also an owner, corporate officer, employee, agent or representative of the business submitting the bid.  This completed form must be submitted with the proposal.  Furthermore, according to the Milwaukee County Code of Ethics, no person may offer to give to any County Officer or employee or immediate family member, may solicit or receive anything of value pursuant to an understanding that such County representative’s vote, official actions or judgment would be influenced thereby. Answer below either YES or NO to the question of whether any employee, agent or representative or immediate family member is involved with your company in any way:

YES

__________

NO

__________

If the answer to the question above is YES, then identify the name of the individual, the position with Milwaukee County and the relationship to your business: Name _______________________________________________________________ County Position _______________________________________________________ Business Relationship __________________________________________________ The appropriate corporate representative must sign and date below: Printed Name _________________________________________________________ Authorized Signatory ____________________________________________________ Title ________________________________________________________________ Date ________________________________________________________________

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ATTACHMENT F – SWORN STATEMENT OF VENDOR SWORN STATEMENT OF VENDOR I, being first duly sworn at __________________________________________________,

City, State

On oath, depose and say I am the ______________________________________________

Official Title

Of the Vendor, ____________________________________________________________,

Name of Company

Do state the following: that I have fully and carefully examined the terms and conditions of this Request for Proposal, #_______, and prepared this submission directly and only from the RFP and including all accessory data.  I attest to the facts that:      

I have reviewed the RFP, and all related attachments and information provided through Milwaukee County, in detail before submitting this proposal. I unconditionally accept all of the Milwaukee County requirements in our response unless we clearly address the specific issue(s) within our response. I have indicated review, understanding and acceptance of the RFP (or relevant service component being bid upon) by initials on each page of the RFP. I certify that all statements within this proposal are made on behalf of the Vendor identified above. I have full authority to make such statements and to submit this proposal as the duly recognized representative of the Vendor. I further stipulate that the said statements contained within this proposal are true and correct and this sworn statement is hereby made a part of the foregoing RFP response.

__________________________________________________________________________ Signature __________________________________________________________________________ Legal Address Subscribed and sworn to before me This _______ day of ____________________, 20_____ Notary Public, _________________________ County State of ______________________________________ My commission expires ________________________

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ATTACHMENT G – COVER SHEET FOR THE TECHNICAL PROPOSAL

COVER SHEET FOR THE TECHNICAL PROPOSAL (on Vendor’s Letterhead) In submitting and signing this proposal, we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free trade or competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other vendor, competitor, or potential competitor; that this proposal has not knowingly been disclosed prior to the opening of the proposals to any other vendor or competitor; that the above statement is accurate under penalty of perjury. In submitting signing this proposal, we represent that we have thoroughly read and reviewed this Request for Proposal and are submitting this response in good faith. We understand the requirements of the program and have provided the required information listed within the Request for Proposal. The undersigned certifies and represents that all data, pricing, representations, and other information of any sort or type, contained in this response, is true, complete, accurate, and correct. Further, the undersigned acknowledges that Milwaukee County is, in part, relying on the information contained in this proposal in order to evaluate and compare the responses to the RFP. Vendor’s Name ______________________________________________ Title _______________________________________________________ Signature ___________________________________________________ Date _______________________________________________________ 51 | P a g e

ATTACHMENT H - COVER SHEET FOR THE COST PROPOSAL (on Vendor’s Letter Head) In submitting and signing this proposal, we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free trade or competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other vendor, competitor, or potential competitor; that this proposal has not knowingly been disclosed prior to the opening of the proposals to any other vendor or competitor; that the above statement is accurate under penalty of perjury. In submitting signing this proposal, we represent that we have thoroughly read and reviewed this Request for Proposal and are submitting this response in good faith. We understand the requirements of the program and have provided the required information listed within the Request for Proposal. The undersigned certifies and represents that all data, pricing, representations, and other information of any sort or type, contained in this response, is true, complete, accurate, and correct. Further, the undersigned acknowledges that Milwaukee County is, in part, relying on the information contained in this proposal in order to evaluate and compare the responses to the RFP. Vendor’s Name ______________________________________________ Title _______________________________________________________ Signature ___________________________________________________ Date _______________________________________________________

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ATTACHMENT I – VENDOR REFERENCES VENDOR REFERENCES 1) Agency Name _______________________________Agency Address ______________________________ Contact Person ______________________ E‐mail__________________________ Contact Number_____________ Number of Sites_______________ Number of Inmates________________    Facility Type _____Jail _____Prison _____Juvenile _____ Hospital _____Other Accreditation _____ACA _____NNCHC _____JCAHO _____Other Contract Term (original, extensions, renewals, rebids) _____________ ___Current Contract ___Prior Contract N  (circle one), if so specify by whom  _____agency _____vendor Contract Terminated Y ____Lost in Rebid, if so specify award recipient _____________ ____Other, specify (i.e. returned to self‐operated, transition to University) Reason _____________________________________________________________________________________________ _____________________________________________________________________________________________ 2) Agency Name ______________________________ Agency Address ____________________________________ Contact Person _________________________ E‐mail___________________ Contact Number______________ Number of Sites_______________ Number of Inmates________________     Facility Type _____Jail _____Prison _____Juvenile _____ Hospital   _____Other Accreditation _____ACA _____NNCHC _____JCAHO _____Other Contract Term (original, extensions, renewals, rebids) _____________ ___Current Contract ___Prior Contract Contract Terminated   Y N  (circle one), if so specify by whom  _____agency _____vendor ____Lost in Rebid, if so specify award recipient _____________ ____Other, specify (i.e. returned to self‐operated, transition to University) Reason _____________________________________________________________________________________________ ____________________________________________________________________________________________

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VENDOR REFERENCES Page 2 3) Agency Name ______________________________  Agency Address ___________________________________ Contact Person _______________________ E‐mail_________________________ Contact umber______________ Number of Sites_______________ Number of Inmates________________    Facility Type _____Jail _____Prison _____Juvenile _______ Hospital     _____Other Accreditation _____ACA _____NNCHC _____JCAHO _____Other Contract Term (original, extensions, renewals, rebids) _____________ ___Current Contract    ___Prior Contract Contract Terminated Y N  (circle one), if so specify by whom  _____agency _____vendor ____Lost in Rebid, if so specify award recipient _____________ ____Other, specify (i.e. returned to self‐operated, transition to University) Reason _____________________________________________________________________________________________ _____________________________________________________________________________________________ 4) Agency Name ____________________________________  Agency Address  _____________________________ Contact Person _________________________ E‐mail___________________ Contact number_________________ Number of Sites_______________ Number of Inmates________________    Facility Type _____Jail   _____Prison _____Juvenile ____ Hospital     ____Other Accreditation _____ACA _____NNCHC _____JCAHO _____Other Contract Term (original, extensions, renewals, rebids) _____________ ___Current Contract ___Prior Contract Contract Terminated   Y N  (circle one), if so specify by whom  _____agency _____vendor ____Lost in Rebid, if so specify award recipient _____________ ____Other, specify (i.e. returned to self‐operated, transition to University) Reason _____________________________________________________________________________________________ ____________________________________________________________________________________________ Name (Print)________________________________ Title_____________________________   Date______________________   Authorized Signatory____________________________________________

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ATTACHMENT J - CONFLICTS OF INTEREST AND PROHIBITED PRACTICES Interest in Contract No officer, employee or agent of the County who exercises any functions or responsibilities with carrying out any services or requirements to which this contract pertains has any personal interest, direct or indirect, in this contract.

Interest of Other Public Officials No member of the governing body of a locality, County or State and no other public official of such locality, County or State who exercises any functions or responsibilities in the review or approval of the carrying out of this contract has any personal interest, direct or indirect, in this contract. Contractor covenants s/he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services under this contract. Any conflict of interest on the part of the Contractor will be disclosed to the County. In the event Contractor has a conflict of interest that does not permit Contractor to perform the services under the contract with respect to any client or recipient, Contractor will notify the County and will provide the County with all records and reports relating to same. Prohibited Practices Contractor attests that it is familiar with Milwaukee County’s Code of Ethics, Chapter 9 of Milwaukee County Code of General Ordinances, which states in part, “No person may offer to give any County officer or employee or his immediate family, or no County officer or employee or his immediate family may solicit or receive anything of value pursuant to an understanding that such officer’s or employee’s vote, official action, or judgment would be influenced thereby.” Said chapter further states, “No person(s) with a personal financial interest in the approval or denial of a contract being considered by a County department or with an agency funded and regulated by a County department, may make a campaign contribution to any candidate for an elected County office that has final authority during its consideration. Contract considerations shall begin when a contract is submitted directly to a County department or to an agency until the contract has reached its final disposition, including adoption, county executive action, proceedings on veto (if necessary) or departmental approval.” Where Agency intends to meet its obligations under this or any part of this RFP through a subcontract with another entity, Agency shall first obtain the written permission of County; and further, Agency shall ensure it requires of its subcontractors the same obligations incurred by Agency under this RFP. Authorized Signature: _______________________ Date: _________________ Printed Name:_________________________________ Title: __________________________ Agency: _________________________________________________________

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ATTACHMENT K – EEOC FOR MILWAUKEE COUNTY CONTRACTS EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATE FOR MILWAUKEE COUNTY CONTRACTS In accordance with Section 56.17 of the Milwaukee County General Ordinances and Title 41 of the Code of Federal Regulations, Chapter 60, SELLER or SUCCESSFUL BIDDER or CONTRACTOR or LESSEE or (Other-specify),(Hence forth referred to as VENDOR) certifies to Milwaukee County as to the following and agrees that the terms of this certificate are hereby incorporated by reference into any contract awarded. Non-Discrimination VENDOR certifies that it will not discriminate against any employee or applicant for employment because of race, color, national origin, or ancestry, age, sex, sexual orientation, gender identity and gender expression, disability, marital status, family status, lawful source of income, or status as a victim of domestic abuse, sexual assault or stalking, which includes but is not limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. VENDOR will post in conspicuous places, available to its employees, notices to be provided by the County setting forth the provision of the non-discriminatory clause. A violation of this provision shall be sufficient cause for the County to terminate the contract without liability for the uncompleted portion or for any materials or services purchased or paid for by the contractor for use in completing the contract. Affirmative Action Program VENDOR certifies that it will strive to implement the principles of equal employment opportunity through an effective affirmative action program, which shall have as its objective to increase the utilization of women, minorities, and disabled persons and other protected groups, at all levels of employment in all divisions of the vendor's work force, where these groups may have been previously under-utilized and under-represented. VENDOR also agrees that in the event of any dispute as to compliance with the afore stated requirements, it shall be his responsibility to show that he has met all such requirements. Non-Segregated Facilities VENDOR certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location under its control, where segregated facilities are maintained. Subcontractors VENDOR certifies that it has obtained or will obtain certifications regarding non-discrimination, affirmative action program and non segregated facilities from proposed subcontractors that are directly related to any contracts with Milwaukee County, if any, prior to the award of any subcontracts, and that it will retain such certifications in its files. Reporting Requirement Where applicable, VENDOR certifies that it will comply with all reporting requirements and procedures established in Title 41 Code of Federal Regulations, Chapter 60. Affirmative Action Plan VENDOR certifies that, if it has 50 or more employees, it will develop and/or update and submit (within 120 days of contract award) an Affirmative Action Plan to: Mr. Paul Grant, Audit Compliance Manager, Milwaukee County Department of Audit, 2711 West Wells Street 9th Floor, Milwaukee, WI 53208 [Telephone No.: (414) 278-4292]. VENDOR certifies that, if it has 50 or more employees, it has filed or will develop and submit (within 120 days of contract award) for each of its establishments a written affirmative action plan. Current Affirmative Action plans, if required, must be filed with any of the following: The Office of Federal Contract Compliance Programs or the State of Wisconsin, or the Milwaukee County Department of Audit, 2711 West Wells Street, Milwaukee, WI 53208 [Telephone No.: (414) 278-4292]. If a current plan has been filed, indicate where filed and the years covered___________. VENDOR will also require its lower-tier subcontractors who have 50 or more employees to establish similar written affirmative action plans. Employees VENDOR certifies that it has_____ (No. of Employees) employees in the Standard Metropolitan Statistical Area (Counties of Milwaukee, Waukesha, Ozaukee and Washington, Wisconsin) and (No. of Employees) employees in total. Compliance VENDOR certifies that it is not currently in receipt of any outstanding letters of deficiencies, show cause, probable cause, or other notification of noncompliance with EEO regulations. Executed this

day of

By

, 20

by: Firm Name Address

(Signature) Title

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City/State/Zip

_______________________

ATTACHMENT L - EQUAL OPPORTUNITY POLICY



is in compliance with the equal opportunity policy and standards of all applicable Federal and State rules and regulations regarding nondiscrimination in employment and service delivery. EMPLOYMENT - AFFIRMATIVE ACTION & CIVIL RIGHTS It is the official policy of that no otherwise qualified person shall be excluded from employment, be denied the benefits of employment or otherwise be subjected to discrimination in employment in any manner on the basis of race, religion, color, national origin or ancestry, age, sex, sexual orientation, gender identity and gender expression, disability, marital status, family status, lawful source of income, or status as a victim of domestic abuse, sexual assault or stalking, handicap, physical condition, developmental disability, arrest or conviction record, sexual orientation, military/veteran status or military participation. We pledge that we shall comply with Affirmative Action and Civil Rights standards to ensure that applicants are employed and that employees are treated during their employment without regard to the above named characteristics. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. has a written Affirmative Action Plan which includes a process by which discrimination complaints may be heard and resolved. SERVICE DELIVERY - CIVIL RIGHTS It is the official policy of that no otherwise qualified applicant for services or service recipient shall be excluded from participation, be denied benefits or otherwise be subjected to discrimination in any manner on the basis of age, race, religion, color, sex, national origin or ancestry, handicap, physical condition, developmental disability, arrest or conviction record, sexual orientation, military/veteran status or military participation. We pledge that we shall comply with civil rights laws to ensure equal opportunity for access to service delivery and treatment without regard to the above named characteristics. has a written Civil Rights Action Plan which includes a process by which discrimination complaints may be heard and resolved. All officials and employees of are informed of this statement of policy. Decisions regarding employment and service delivery shall be made to further the principles of affirmative action and civil rights. To ensure compliance with all applicable Federal and State rules and regulations regarding Equal Opportunity and nondiscrimination in employment and service delivery, has been designated as our Equal Opportunity Coordinator. Any perceived discrimination issues regarding employment or service delivery shall be discussed with Ms. /Mr. . Ms. /Mr. may be reached during week days at ________________ . A copy of the Affirmative Action Plan and/or the Civil Rights Action Plan including the process by which discrimination complaints may be heard and resolved is available upon request. (Director or Chief Officer) (Title) This Policy Statement shall be posted in a conspicuous location.

(Date)

ATTACHMENT M - CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 57 | P a g e

CERTIFICATION STATEMENT

DEBARMENT AND SUSPENSION The Proposer certifies to the best of its knowledge and belief, that the corporation, LLC, partnership, or sole proprietor, and/or its’ principals, owners, officers, shareholders, key employees, directors and member partners: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (2) have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are not presently indicted for or otherwise criminally charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in (2) of this certification; and, (4) have not within a three-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

Authorized Signature: _______________________ Date: _________________ Printed Name:_________________________________ Title: __________________________ Agency: _________________________________________________________

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ATTACHMENT N – ADDITIONAL DISCLOSURES    ADDITIONAL DISCLOSURES

1.

Has your organization or any representative, owner, partner or officer ever failed to perform work awarded or had a contract terminated for failure to perform or for providing unsatisfactory service?

 Yes  No 2.

If yes, on a separate page please provide a detailed explanation.

Within the past five (5) years, has your organization or any representative, owner, partner or officer (collectively “your Company”) ever been a party to any court or administrative proceedings or disciplinary action, where the violation of any local, state or federal statute, ordinance, rules, regulation, or serious violation of company work rules by your Company was alleged?

 Yes  No

If yes, on a separate page, please provide a detailed explanation outlining the following:    

3.

Within the past 5 years has your organization had any reported findings on an annual independent audit?

 Yes  No 4.

Date of citation or violation Description of violation Parties involved Current status of citation

If yes, on a separate page please provide a detailed explanation.

Within the past 5 years, has your organization been required to submit a corrective action plan by virtue of review or audit by independent auditor, or any governmental agency or purchaser of services?

 Yes  No If yes, on a separate page please provide a detailed explanation including if the corrective action has been accepted by the purchasing agency and completely implemented? remaining action required by purchasing agency.

5.

If not, please explain

Have you, any principals, owners, partners, shareholders, directors, members or officers of your business entity ever been convicted of, or pleaded guilty, or no contest to, a felony, serious or gross misdemeanor, or any crime or municipal violation, involving dishonesty, assault, sexual misconduct or abuse, or abuse of controlled substances or alcohol, or are charges pending against you or any of the above persons for any such crimes by information, indictment or otherwise?

 Yes  No

If yes, on a separate page, please provide a detailed explanation.

Authorized Signature: _______________________ Date: _________________ Printed Name:_______________________________ Title: __________________________ Agency: _____________________________________________________

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ATTACHMENT O – HOTLINE FLIER

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ATTACHMENT P – AUDIT SERVICES DIVISION HOTLINE Audit Services Division Hotline

Milwaukee County has set up the Audit Services Division Hotline to be the primary conduit for concerned employees, citizens, and contractors to communicate allegations of fraud, waste and abuse involving County government. Milwaukee County’s resolution states, in part,

“All department heads and administrators of Milwaukee County are hereby directed to provide information regarding Milwaukee County Department of Comptroller-Audit Services Division

Fraud Hotline to all

professional service and construction contractors when they commence work for Milwaukee County and, further, that instructions and bulletins shall be provided to said contractors that they post this information in a location where their employees will have access to it and provide said information to any and all subcontractors that they may retain; and

…Milwaukee County funded construction and work sites shall also have posted the bulletin that the Department of Audit has developed which provides the Fraud Hotline number and other information and the Department of Public Works shall inform contractors of this requirement”

A Hotline bulletin is attached (See flyer under Appendices). Please distribute the revised bulletin to contractors as contracts are let or renewed and also post it prominently at all County employee work locations associated with your organization.

Certifies that the copies of Audit Hotline poster will be posted at prominent locations within our organization upon effective date of awarded contract.

Authorized Signature: _______________________ Date: _________________ Printed Name: ____________________________________Title: ________________________ Agency: _________________________________________________________

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ATTACHMENT Q - Designation of Confidential and Proprietary Information The attached material submitted in response to the 2015 Request for Proposal includes proprietary and confidential information, which qualifies as a trade secret, s provided in s. 19.36(5), Wis. Stats. Or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval. Prices always become public information when bids/proposals are open, and therefore cannot be kept confidential. Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c). Wis. Stats. As follows: “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply: 1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances. We request that the following pages not be released: Section Page # Topic _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________ IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFOMRATION IS CHALLENGED, THE UNDERSIGNED HERBY AGREES TO PROVIDE LEGAL COULSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD MILWAUKEE COUNTY HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF MILWAUKEE COUNTY’S AGREEMENT TO WITHOLD THE MATERIALS.

Failure to include this form in the Request for Proposal may mean that all information provided as part of the proposal response will be open to examination and copying. Milwaukee County considers other markings of confidential in the proposal document to be insufficient. The undersigned agrees to hold Milwaukee County harmless for any damages arising out of the release of any materials unless they are specifically identified above. Company Name _______________________________________________

Authorized Representative _______________________________________________ Signature Authorized Representative _______________________________________________ Type or Print                      Date ____________________________________

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ATTACHMENT R - CERTIFICATION FOR INDEMNITY AND INSURANCE REQUIREMENTS Potential Contractors must understand and agree that financial responsibility for claims or damages to any person or to company’s and agents shall rest with the Contractor.  The Contractor must affect and maintain any and all insurance coverage, including, but not limited to, Worker’s Compensation, Employer’s Liability and General, Contractual and Professional Liability, to support such financial obligations. The indemnification obligation, however, shall not be reduced in any way by existence or non‐existence, limitation, amount or type of damages, compensation or benefits payable under Worker’s Compensation laws or other insurance. A. B.

Compliance with Government Requirements – the Contractor shall evidence satisfactory compliance for Unemployment Compensation and Social Security reporting as required by federal and state laws. Evidence of Insurance – Evidence of Worker’s Compensation, Auto and General Liability Insurances shall be provided to Milwaukee County by a certificate naming Milwaukee County as an additional insured on general coverage and auto liability and providing a waiver of subrogation on Worker’s Compensation in favor of Milwaukee County and certificate holder on all policies affording a thirty (30) day written notice of cancellation, non‐renewal, or known material change for the duration of the contract.

C.

The successful Contractor shall purchase and maintain policies of insurance and proof of financial responsibility to cover costs as may arrive from claims of tort, statutes, and benefits under Worker’s Compensation laws, as respects damages to persons or property and third parties in such coverages and amounts as required and approved by Milwaukee County Director of Risk Management and Insurance.  Acceptable proof of such coverage’s shall be furnished to the Director of Risk Management and Insurance prior to service commenced on or before January 1, 2015, under the contract. Types of Coverage and Limits of Liability ‐ The vendor shall provide evidence of the following coverages and minimum amounts prior to the implementation of services:

1.

Worker’s Compensation:  State of Wisconsin, including Employer’s Liability coverage.  Coverage shall be modified to include a Waiver of Subrogation in favor of Milwaukee County, as well as including their directors, officers, agents and employees.

2.

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Wisconsin Worker’s Compensation Statutory Employer’s Liability Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 each policy limit Bodily Injury by Disease $100,000 each employee Commercial or General Liability – Including coverage for Public Liability and Property Damage Insurance. Comprehensive General Liability General Aggregate   $1,000,000 per occurrence Bodily Injury & Prop. Damage               $1,000,000 aggregate Personal Injury $1,000,000 per person Contractual Liability $1,000,000 per occurrence Fire Legal Liability   $5,000,000 per occurrence Each Occurrence Limit $1,000,000 Aggregate $6,000,000 Automobile/Truck Liability –

Bodily Injury & Property Damage $1, 000,000 per accident All autos owned, non‐owned and/or hired Uninsured Motorists per Wisconsin Requirements D.

Indemnity – The vendor agrees to the fullest extent permitted by law to indemnify, defend and hold harmless, the County, and its agents, officers and employees, from and against all loss or expense including costs and attorney’s fees by reason of liability for damages including suits at law or in equity, caused by any wrongful, intentional, or negligent act or omission of the Contractor, or its (their) agents, which may arise out of, or are connected with, the activities by this agreement.   E. Milwaukee County's liability is limited by Wisconsin Statute 893.80(3) for general liability and 345.03(3) for automobile liability. In accordance with applicable laws, the County shall be responsible for defending and paying judgments on behalf of its officers, employees and agents for any claims that may arise out of County’s negligence for acts, policies, or directives that affect the activities covered by this agreement. Insurance Rating – All of the insurance coverage specified about shall be placed with an “A” rated carrier per Best’s Rating Guide approved to do business in the State of Wisconsin. Any deviation or waiver of required coverages or minimums shall be submitted in writing and approved by Milwaukee County Director of Risk Management and Insurance as a condition of the agreement. A certificate of insurance shall be submitted for review to Milwaukee County for each successive period of coverage for the duration of this agreement. The undersigned certifies and represents an understanding of Milwaukee County’s Insurance and Indemnification requirements. The undersigned acknowledges that Milwaukee County is, in part, relying on the information contained in this proposal in order to evaluate and compare the response to the RFP. Authorized Signature: _______________________ Date: _________________ Printed Name:_________________________________ Title: __________________________ Agency: _________________________________________________________

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ATTACHMENT S - MINIMUM WAGE ORDINANCE COMPLANCE

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ATTACHMENT T – DBE FORMS COMMUNITY BUSINESS DEVELOPMENT PARTNERS

MILWAUKEE COUNTY DISADVANTAGED BUSINESS ENTERPRISE (DBE)

UTILIZATION SPECIFICATIONS

1. The award of this contract is conditioned upon your good faith efforts in achieving this project’s Disadvantaged Business Enterprise (DBE) goal of 17%, and you must document those efforts.

2. DBE Goal: This participation goal is based on the total dollar value of your base bid, initial offer or initial scope of work, less allowance and/or reimbursable items as indicated in the solicitation. Participation must be maintained throughout the contract, including additional contract work, e.g., acceptance of alternates, negotiated procurements, change orders, addendums, use of allowances, etc.

BID/PROPOSAL CONSIDERATIONS 3. The County will reject your bid/proposal if you fail to do one of the following: a. Submit the completed Subcontractor/Subconsultant/Supplier Information Sheet (DBE-02) and the Commitment to Contract with DBE (DBE-14) form(s) detailing your proposed participation plan with your bid/proposal; or b. Submit the completed Certificate of Good Faith Efforts (DBE-01) form with the bid/proposal, along Subcontractor/Subconsultant/Supplier Information Sheet (DBE-02). 4. Your good faith efforts are those that one could reasonably expect to be taken if you were actively and aggressively trying to obtain DBE participation sufficient to meet the goal. Additional guidance is part of the Certificate of Good Faith Efforts (DBE-01) form). 5. If awarded the contract, you will enter into a contractual agreement, directly or through subcontractors, according to the Commitment to Contract with DBE (DBE-14) form(s) submitted with your bid/proposal. Copies of the executed contract(s) or purchase order(s) will be required to be submitted to the County.

6. DBE participation credit, for both DBE and non-DBE primes, is calculated as follows: a. All of the identified scope(s) of work must have a commercially useful function in the actual work of the contract and must be performed directly by the DBE. This means that DBEs must perform the contract work with their own employees, as determined by the County.

b. One hundred percent (100%) for the work performed by a DBE. If a DBE subcontracts a portion of its work to another firm, the value of the subcontracted work will not be counted towards the DBE goals unless the work is performed by another DBE. Material, equipment and supplies provided and installed (put into use) by a DBE also count dollar for dollar to toward the goal.

c. One hundred percent (100%) for products manufactured by a DBE. DBE manufacturers operate or maintain a facility produces goods from raw materials, or substantially alters the materials or supplies, on- site.

d. Sixty percent (60%) for materials or supplies purchased from a certified DBE regular dealer. Regular Dealers own, operate, or maintain stores, warehouses, or other establishments where materials or supplies are kept in stock, and regularly sold to the public in the usual course of business. A regular dealer in bulk items such as steel, cement, gravel, stone, and petroleum products don’t need to keep stock, if it owns or operates distribution equipment. DBE-00 (07/07/14) Previous Editions Obsolete

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COMMUNITY BUSINESS DEVELOPMENT PARTNERS

MILWAUKEE COUNTY e. One hundred percent (100%) for the fees or commissions charged for assistance in the procurement of material and supplies. Fees or transportation charges for the delivery of material or supplies by a DBE to a job site also count dollar for dollar toward the goal. The cost of the materials and/or supplies themselves will not be credited towards its DBE goals. Brokers, Trade Agents and Manufacturers’/Independent Sales Representatives arrange or expedite transactions without taking title of the goods being sold and receive a commission or fee for their service.

f.

One hundred percent (100%) for DBE trucking firms. The DBE must be responsible for the management and supervision of the entire trucking operation for which it has contracted. The DBE must also use trucks it owns, insures, and operates using drivers it employs. The DBE may lease trucks from another firm, or an owneroperator, certified as a DBE. The DBE may also lease trucks from a non-DBE firm, or owner-operator, but credit will only be given for the fee or commission and not the trucking itself. Ready mix operations will not receive credit for deliveries made by non-DBE firms.

g. You are required to notify the County if any DBE contractor(s) working on this contract will sublet any portion of their work.

7. Only DBEs certified by the State of Wisconsin Unified Certification Program (UCP) prior to the bid/proposal submission deadline count towards the satisfaction of the goal. If you want to use a DBE certified in another state, that firm must apply for certification with the UCP prior to the submission deadline. You must also include a copy of DBE certification from its home state along with your bid/proposal. For assistance related to certified DBE firms, contact the Certification Compliance Administrator at (414) 278-4747.

8. The County reserves the right to request supporting documentation from both you and any listed DBE. If you fail to respond within the time specified, the County will determine you to be non-responsive and remove you from further consideration for contract award.

FOLLOWING CONTRACT AWARD 9. The County reserves the right to conduct compliance reviews and request, both from you and your subs or suppliers, supporting documentation to verify DBE participation, in addition to the information entered monthly into the County’s online reporting system. The County will notify you if you are not in compliance with contract specifications. If you fail to take corrective action as directed, the County will take one or more of the following actions:

a. Terminate or cancel your contract, in whole or in part; b. Remove you from the list of qualified contractors/consultants, and refuse to accept future bids/proposals from you for a period not to exceed three (3) years;

c. Withhold contract payments, or pay subs and/or suppliers directly, to cover shortfall; and/or d. Bring suit to recover damages up to the amount of the shortfall, including interest at the rate of 12% annually, plus the County’s costs, expenses and actual attorney’s fees incurred in the collection action.

10. You must submit copies of the executed subcontract agreement(s) or purchase order(s) for each sub and/or supplier listed on the contract. Include copies with the first monthly request for payment. REQUESTS FOR PAYMENT WILL NOT BE PROCESSED IF AGREEMENTS ARE NOT SUBMITTED. In addition, you will document that each DBE is notified at least three (3) working days before start of their subcontract work. 11. You are required to notify the County if any DBE contractor(s) working on this contract will sublet any portion of their work. DBE-00 (07/07/14) Previous Editions Obsolete 2

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COMMUNITY BUSINESS DEVELOPMENT PARTNERS

MILWAUKEE COUNTY 12. If the DBE(s) cannot perform, if you have a problem in meeting the goal, or any other issue such issues come up, you must immediately contact CBDP at (414) 278-4747. You must submit written notification of your desire for substitution to the DBE affected, and copy the County. This notice must state the reason for the request. The DBE has five (5) business days to provide written objection/acceptance to you. Approval must be obtained from County prior to making any substitutions. DBE contractors are also required to notify and obtain approval from the County prior to subletting work on this project.

13. Requests for Payment: You will enter payments to subs and suppliers directly into the County’s online reporting system on a monthly basis. These entries will cover payments made during the preceding month and will include zero dollar ($0) entries where no payment has occurred. You must also indicate on the AIA Document G703 - Continuation Sheet, or equivalent, work being performed by DBEs. Either a) place the word “DBE” behind the work item or b) break out the work done by DBEs at the end of the report. If you don’t do these things, the County will deny payments, or enforce other sanctions including those listed in Section 9, above.

14. The County has a revolving loan program for DBEs. If you use a DBE that is using these County funds, you must assist the County repayment of these funds. This may include, but is not limited to, providing written information regarding the sub’s contract balance, prior payment (two or three party) agreements, and the issuance of two-party checks payable in the name of Milwaukee County and the DBE indebted to the County under this program.

15. The County reserves the right to waive any of these specifications when it is in our best interest.

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3

COMMUNITY BUSINESS DEVELOPMENT PARTNERS

MILWAUKEE COUNTY CERTIFICATE OF GOOD FAITH EFFORTS

This document should detail what your firm has done to meet this project’s participation goal. Guidance as to what ‘good faith efforts’ are and are not is found on pages 5 & 6 of this document. Failure to use good faith efforts to meet the assigned participation goal will result in the rejection of your bid/proposal. I, _______________________________________________________, do hereby acknowledge that I am the _ of

_________________________________, who has been identified as a

bidder/proposer on the following Milwaukee County Project: Project No.

Total Contract Amount

Project Title

DBE Percentage Goal Pledged

Provide a brief summary of why your firm is unable to meet the participation goal on this project. (Attach additional pages if necessary)

I hereby certify that our firm has used good faith efforts to solicit, negotiate with, and utilize certified firms to meet the participation goal of this contract, as demonstrated by my responses to the following questions: A. Identifying Contractible Work Items You were encouraged to select portions of work to be contracted in a manner that will increase the likelihood of meeting the participation goal. In selecting work to be contracted, you considered, where appropriate, breaking down contracts into economically feasible units to facilitate small business participation. 1. Which portion(s) or section(s) of the project work was/were selected to be contracted to certified firms (or broken down into economically feasible units to facilitate participation)?

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B. Notifying Certified Firms of Contracting Opportunities 2. List the certified firms that received written notification of work items to be subcontracted. In the appropriate space, also indicate when firms received subsequent telephone, or email (with deliver,

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read receipts and certified firm’s response) solicitations. Include copies of the written notice(s) sent to certified firms. (Attach additional pages if necessary) Date of Written Notification

Certified Firm Contacted

DBE (Yes/No)

Date of Follow-up Telephone Call/or Email

3. Identify publications in which announcements or notifications were placed and published, if any. Include a copy of each announcement or notification. Published Announcement/Publication (please describe)

Date

4. Identify minority and/or women’s associations or organizations that received written notifications, including dates of notifications. Provide person’s name contacted during, and the date of, the followup call. If no follow-up calls were made, explain why not. Include copies of notice(s) sent. Association/Organization

5.

Date of Notification

Contact Person

Date of Follow-Up Call

Did you contact Milwaukee County’s Community Business Development Partners Department (CBDP) to assist in identifying certified firms for this project? Yes _____

No _____

Contact was made by: _________Telephone ______ Email ______Other Date contacted: _____________________ Person Contacted: ______________________

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C. Providing Certified Firms with Assistance

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6. Explain any efforts to provide certified firms with timely, accurate and complete information about the project, scope(s) of work and/or requirements of the project.

7. Describe any other efforts to provide special assistance to certified firms interested in participating in the project.

D. Soliciting Proposal/Quotes from Interested Certified Firms You must solicit quotes in good faith from certified firms. Quotes, proposals and/or bids, from certified firms shall not be rejected without sound justification. 8. List certified firm(s) that submitted quote(s) for the project, and include copies of all quotes received. If any quotes from certified firms were rejected provide an explanation as to why. (Attach additional pages if necessary) Name, Phone & Address of Contact Person at Certified Firm

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Work Quoted / Explanation for Rejecting Quote

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9. Please include all other comments you want Milwaukee County to consider. (Attach additional pages if necessary)

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NOTE:

The information requested above is the minimum information required.

AFFIDAVIT OF CERTIFICATION The undersigned, being duly sworn, deposes that he/she has examined and carefully prepared this Certificate of Good Faith Efforts and has verified that the information given in this certificate is true and correct to the best of his/her knowledge and belief.

Signed: ___________________________ Authorized Representative

Subscribed and sworn to before me: This _________________day of __________________, 20 _____ ______________________________ Notary Public

.

___

My commission expires ____________, 20 ____.

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GUIDANCE CONCERNING GOOD FAITH EFFORTS 72 | P a g e

When Milwaukee County assigns a participation goal, you will make good faith efforts to meet this goal prior to submitting a bid or proposal in order to be responsive. You can meet this requirement in one of two ways. First, you can meet or exceed the goal with commitments for participation of certified firms. Second, even if you don’t meet the goal, you can document adequate good faith efforts toward that end. This means that you must show that you took all necessary and reasonable steps to achieve the participation goal. The County will make a fair and reasonable judgment as to whether you made adequate good faith efforts according to the following guidelines. It is important to consider the quality, quantity, and intensity of the different kinds of efforts that were made. These efforts should be those that one could reasonably expect you to take if you were actively and aggressively trying to obtain participation sufficient to meet the participation goal. Going through the motions by making a phone call or two to a firm that you think should qualify is not good faith efforts to meet the project requirements. The County’s determination concerning the sufficiency of your good faith efforts is a judgment call and meeting quantitative formulas is not required. The following is a list of types of actions the County considers as part of your good faith efforts. This isn’t a mandatory checklist, nor is it all-inclusive. Other factors or types of efforts may be relevant in appropriate cases: 1. Solicit, through all reasonable and available means (e.g., attendance at pre-bid meetings, advertising and/or written notices), all certified firms who have the capability to perform work on the project. Get the solicitation(s) out with enough time for them to review and respond. Be sure to record who you sent information to, and how/when they verified their interest in the project.

2. Select portions of the work to be performed by certified firms in order to increase the likelihood that the participation goal will be achieved. This includes, where appropriate, breaking out contract work items into smaller pieces, even when you might otherwise prefer to self-perform the work.

3. Provide certified firms with timely, accurate and complete plans, specifications, and requirements of the project to assist them in bidding/quoting.

4. Negotiate in good faith with certified firms. a. It is your responsibility to make a portion of the work available to certified firms and to select that work based on the available certified firms. Evidence of such negotiation includes the names, addresses, email, and telephone numbers of certified firms that were considered; a description of the information provided regarding the plans and specifications for the work selected for contracting; and evidence as to why agreements could not be reached for certified firms to perform the work.

b. A bidder/proposer using good business judgment would consider a number of factors in negotiating with subcontractors, including certified subcontractors, and would take a firm’s price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding certified firms is not sufficient reason for your failure to meet the participation goal. Also, self- performing work does not relieve you of the responsibility to make good faith efforts. You are not required to accept higher quotes from certified firms if the price difference is excessive or unreasonable.

5. Do not reject certified firms as being unqualified without sound reasons based on a thorough investigation

6.

of their capabilities. Your standing within the industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union status) are not legitimate causes for the rejection or non-solicitation of bids in your efforts to meet the project goal. Effectively use the services of available minority/women community organizations; minority/women contractors’ groups; local, state, and Federal minority/women business assistance offices; and other organizations to provide assistance in the recruitment and placement of certified firms.

In determining whether you have made good faith efforts, the County may take into account the performance of other bidders/proposers in meeting the contract goal. For example, when you fail to meet the contract goal, but others meet it, the County may raise the question of whether, with additional reasonable efforts, you could have met the goal. If you fail to meet the goal, but you meet or exceed the average participation obtained by other bidder/proposers, the County may view this, in conjunction with other factors, as evidence of you having made good faith efforts. DBE-01 (07/07/14) Previous Editions Obsolete

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FIRM:

___________________________________________________________________

Project No: _______________________

SUBCONTRACTOR/SUBCONSULTANT/SUPPLIER INFORMATION SHEET Milwaukee County requires the following collection of information on all subcontractors, sub-consultants and/or suppliers submitting quotes on Milwaukee County projects. This information is to be submitted with bid/proposal. PROVIDE THE FOLLOWING INFORMATION ON EACH BID/QUOTE

()*

Name

DBE Yes/No

Address

Date Annual Firm Gross Established Receipts (**)

Work or Service to be Performed

(*) Check if this firm’s quote has been used in your bid/proposal. (**) Annual Gross Receipts:

A: Less than $250,000 D: $1 million to $5 million

B: $250,000 to $500,000 E: $5 million to $15 million

C: $500,000 to 1 million F: More than $15 million

Note: Information gathered on the background and financial status of firms is protected from disclosure by Federal Regulation. DBE-02 (07/07/14) Previous Editions Obsolete

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COMMUNITY BUSINESS DEVELOPMENT PARTNERS

MILWAUKEE COUNTY COMMITMENT TO CONTRACT WITH DBE (This form is to be completed by the bidder/proposer and the DBE named for submission with bid/proposal) PROJECT No.: _______________ PROJECT TITLE: TOTAL CONTRACT AMOUNT $

____________________________________

_______________

DBE Goal: _________________________ Scope of Work Detailed Description

Name & Address of DBE(*)

DBE Contract Amount

% of Total Contract

(* Separate commitment form must be completed for each DBE firm)

Bidder/Proposer Commitment (To be completed by firm committing work to DBE) I certify that the DBE firm listed quoted the identified service(s) and cost(s). I further acknowledge our firm having negotiated with, and having received confirmation, on partnering, pricing and delivery from DBE firm listed herein. Our firm (Phone No. ________________ ), or one of our subcontractors, will enter into contract with the DBE firm listed, for the service(s) and amount(s) specified when awarded this contract. A copy of the contract between our firm and that of the named DBE will be submitted directly to CBDP within seven (7) days from receipt of Notice-to-Proceed on this contract. The information on this form is true and accurate to the best of my knowledge. I further understand that falsification, fraudulent statement, or misrepresentation will result in appropriate sanctions under applicable law. ___________________________________________ Signature of Authorized Representative

______________________________________ Name & Title of Authorized Representative

___________________ Date

Subscribed and sworn to before me this __________ day of _______________________ , 20___ State of _______________________. My Commission expires __________________

. Signature of Notary Public

[SEAL] * Only firms certified as DBEs (within qualifying NAICS codes) by the State of Wisconsin UCP prior to bid/proposal opening will be credited on this contract

• • • •

DBE Affirmation (To be completed by DBE Owner/Authorized Representative) I affirm that the State of Wisconsin UCP has certified our company as a DBE, and that our company is currently listed in the State of Wisconsin UCP Directory. I acknowledge and accept this commitment to contract with my firm for the service(s) and dollar amount(s) specified herein, as put forth by ___________________________________________________________ . I understand and accept that this commitment is for service(s) to be rendered in completion of the Milwaukee County project specified herein to be completed with my own forces, unless otherwise approved by CBDP. I affirm that approval from CBDP will be obtained prior to subletting any portion of this work awarded to my firm on this project.

Signature of Authorized DBE Representative

Name & Title of Authorized DBE Representative

Date

FOR CBDP USE ONLY Commitment number _______ of ____ Verified with:

Project Total:

___________________________

(A) ____________

(V) $ ______________

___________________________________

________________

Authorized Signature DBE-14 (07/07/14) Previous Editions Obsolete

COMMUNITY BUSINESS DEVELOPMENT PARTNERS 75 | P a g e

Total % Date

_____

MILWAUKEE COUNTY COMMITMENT TO CONTRACT WITH DBE ADDITIONAL INFORMATION & REQUIREMENTS: 1. The Directory of Certified DBE firms eligible for credit toward the satisfaction of this project’s DBE goal will be found at the following link, and can be searched by Name and/or NAICS code. https://app.mylcm.com/wisdot/Reports/WisDotUCPDirectory.aspx 2. CONTRACT ADJUSTMENTS: The successful Bidder/Proposer will maintain the approved DBE participation level during the term of the contract with the County, including any additional work on the contract, e.g., change orders, addendums, scope changes, etc. Contract adjustments shall include proportional DBE participation. 3. WRITTEN CONTRACTS WITH DBEs: The County requires that the successful Bidder/Proposer enter into contract, directly or through subcontractors, as stated in this form. Agreements must be submitted to the County within 7 days of receipt of the Notice-To-Proceed. By executing this commitment, you are certifying that you have had contact with the named DBE firm and that they will be hired if awarded the contract by the County. VIOLATION OF THE TERMS OF THIS COMMITMENT IS GROUNDS FOR TERMINATION OF YOUR CONTRACT. 4.

SUBSTITUTIONS, DBEs SUBCONTRACTING WORK, TRUCKING FIRMS: The successful Bidder/Proposer must submit written notification of desire for substitution to the DBE affected, and send a copy to the County, stating the reason(s) for the request. The DBE will have five (5) business days to provide written objection/acceptance of the substitution. The “right to correct” must be afforded any DBE objecting to substitution/termination for less than good cause as determined by the County. Approval must be obtained from the County prior to making any substitutions. DBEs are also required to notify and obtain approval from the County prior to seeking to subcontract out work on this project. In the case of DBE trucking firms, credit will be given for trucks leased from other DBE firms; however, if the DBE leases trucks from non-DBE firms, the commission or fee will be counted for DBE crediting.

5. REQUESTS FOR PAYMENT: The successful Bidder/Proposer must indicate on the Continuation Sheet (AIA form G703, or equivalent) the work being performed by DBE by either a) placing the word “DBE” behind the work item or b) breaking out the work done by DBEs at the end of the report. The successful Bidder/Proposer shall notify DBEs of the date on which they must submit their invoices for payment. 6. DBE UTILIZATION REPORTS: The successful Bidder/Proposer will enter payments to subs and suppliers directly into the County’s online reporting system on a monthly basis. These entries will cover payments made during the preceding month and will include zero dollar ($0) entries where no payment has occurred.

If you have any questions on forms or related to Milwaukee County’s DBE Program, please contact

CBDP Compliance Team / [email protected] / 414.278.4747 DBE-14 (07/07/14) Previous Editions Obsolete

ATTACHMENT U - FEATURE CHECKLIST 76 | P a g e

        1   2   3   4

5   6

7   8   9

10   11

12

13   14

15   16

COMMISSARY FEATURES / REQUIREMENTS

MEETS COUNTY NEEDS YES   NO

Ability to restrict the maximum quantity on specific items   Ability to limit the total number of items an inmate may receive with each order   Ability to restrict commissary purchasing for medical conditions or for disciplinary reasons   User Defined/Programmable Requirements   (Charges are user defined)   Ability to add additional subjects to the inmate ordering kiosk without the assistance of a programmer.   Identify location of inmate and whether there is an automatic charge (user‐defined)    When an inmate is moved to another facility, fiscal user to print check to "Inmate Trust Bank".   The Contractor shall maintain sufficient stock levels in order to limit shortages.    Contractor shall not substitute and should have an order full rate in excess of 98%.   Any hardware or software used must be compatible with Accounting System, Kiosks, and Jail Management System.   Vendor purchases, provides and is responsible for all inventory items.   Vendor provides sufficient quantity of employees to receive goods at Facility and deliver goods to inmates 5 days per week.   Vendor capable of providing and tracking quantity/items obtained by indigent inmates to ensure purchases do not exceed maximum allowances.   Inmate commissary charges not to exceed user defined limits      Commissary orders edited against inmate account for sufficient funds.  When there are not sufficient funds to fill the entire order, the order will be filled up to the available funds.   (entire order not rejected)       Vendor is responsible for the remittance of all State Sales Taxes

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COMMENTS

















































Vendor provides monthly commission check payable to Milwaukee County HOC based on commissionable sales to include backup sufficient for the County to audit the commission calculation.   Vendor provides monthly invoice to the HOC for the purchase of any indigent kits.

17   18



















GENERAL REQUIREMENTS





MEETS COUNTY NEEDS YES

NO

Ability to freeze the inmate’s account so that 1   the inmate is unable to order commissary.





Ability to freeze an inmate’s account so that nothing whatsoever can affect the inmates 2   account







ACCOUNTING SOFTWARE





Compliance Requirements

2

Accounting system complies with GAAP, CoA format for accounts, transactions, etc. Ability to identify inmates exceeding cash inflow/outflow thresholds to support compliance with U.S. Bank Secrecy Act (BSA) and Anti-money Laundering (AML) with reporting capability/software downloads. Identify inmates that are listed in the OFAC list of Specially Designated Nationals or Blocked Entities (SDN)

1

Functionality Requirements Windows-based/Drop-down menus. Scalable, e.g., users, accounts, retention. Operate in "real time."

1

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COMMENTS



VENDOR PROVIDES YES   NO







COMMENTS



Automate account merges based on matching criteria, inmate booking-in versus existing inmate database, for collection of previous charges and eliminating duplicity of accounts. 2 3

4

5

6 7 8 9 10

11 12 13 14

15

16

17

18 19

Date specific historical reporting Posting of debt charges to inmate accounts either individually or multiple inmates through a batch process Maintain outstanding debt files with automatic collection upon deposits to inmates’ accounts. Reports of collected debt charges by category; reporting of outstanding debt records. Checkbook reconciliation module, ability to rerun reconciliation reports at any time Release and check writing module Ability to merge multiple accounts for the same inmate. Detailed ledger reporting for inmates’ accounts Reports, on demand, of frozen, stale, active and inactive accounts Outstanding checks and deposits reporting Ability to reclaim stale checks Receipt generation for deposits and withdrawals Create accounts, e.g., cash hold, cash, per diem, medical, commissary, etc. capable of creating automatic holds as well as partial payments when balance cannot be fully paid. Permit specific charges to be added to account even when no unrestricted cash available to pay them, e.g., debts. Restrict commissary charges when no unrestricted cash in account. Capable of generating money orders or debit cards upon release/discharge. Accept credit card for balances due. Set parameters for debits and credits of inmate accounts and payable accounts, (debit inmate account and credit the payable account "inmate welfare"). Is system accessible to unlimited concurrent users from Windows 7 based workstations.

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20

21

Browser based systems should be browser agnostic or should not require the individual installation of special software patches, the lowering of browser security or manual modification of default browser settings. Browser based systems must run on modern browsers, i.e., IE 10+, Firefox 20+, Chrome 30+ or Safari 7+. Role Based Access Control (RBAC) for users and administrators.

22

23

Ability to freeze an inmate’s account so that nothing whatsoever can affect the inmates account. Ability to freeze the inmate’s account so that the inmate is unable to order commissary.

24 25

The system provides for daily backups.

26

The system allows only secure, encrypted access, i.e., SSL/TLS or similar.

27 28

29 30 31

32

33

34

System conforms to accepted standard accounting methods. System provides an audit log of user transactions. The system provides account reconciliation and account balancing functions/reports. The system allows for check printing from multiple workstations. The system can interface with cash kiosk. Allows for automatic charges for predetermined situations/items. Automatically pay charges by hierarchy when funds available For BSA/AML certification, deposits totaling $1,000 or more per month can be tracked on a monthly basis and reported to the bank. Deposits may be restricted or unrestricted to allow time to clear bank without NSF (hold). Fiscal user has ability to place manual holds and releases, as well as transfers for account corrections on inmate accounts.

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35 36 37

38

39 40

Accounting software can interface with the county Budget Reporting and Accounting System. The system can allow for identification and processing of unclaimed funds. 24/7/365 support The system allows for the management of commissary sales and inventory management. Web portal for friends or family of inmates to query inmate account balance. Training provided to County staff, if needed. REPORTING FEATURES

YES

1

2 3

COMMENTS

VENDOR PROVIDES NO

Ability to create any ad hoc reports that the institution may require. Ability to create reports based on zero balance, indigent status (under $2), uncollectible accounts, credit balances, etc. Notify fiscal user when credit balance or transaction dollar limits are exceeded. Reports available in text, excel, or pdf. Audit trails and histories available for all transactions.

4 COMMISSARY FEATURES, IF ANY

YES 1

Ability to restrict the maximum quantity on specific items

2

Ability to limit the total number of items an inmate may receive with each order

5

Ability to restrict commissary purchasing for medical conditions or for disciplinary reasons User Defined/Programmable Requirements (Charges are user defined) Ability to add additional subjects to the inmate ordering kiosk without the assistance of a programmer.

6

Identify location of inmate and whether there is an automatic charge (userdefined)

3

4

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COMMENTS

VENDOR PROVIDES NO

7 8

When an inmate is moved to another facility, fiscal user to print check to "Inmate Trust Bank". The Contractor can maintain sufficient stock levels in order to limit shortages.

10

Contractor will not substitute and can achieve an order full rate in excess of 98%. Any hardware or software used is compatible with Accounting System, Kiosks, and Jail Management System.

11

Vendor purchases, provides and is responsible for all inventory items.

9

13

Vendor provides sufficient quantity of employees to receive goods at Facility and deliver goods to inmates 5 days per week. Vendor capable of providing and tracking quantity/items obtained by indigent inmates to ensure purchases do not exceed maximum allowances.

14

Inmate commissary charges not to exceed user-defined limits

12

16

Commissary orders edited against inmate account for sufficient funds. Hygiene items must come first. When there are not sufficient funds to fill the entire order, the order will be filled up to the available funds. (entire order not rejected) Vendor is responsible for the remittance of all State Sales Taxes

17

Vendor can provide monthly commission check based on commissionable sales and also can include backup sufficient for audit the commission calculation.

18

Vendor can provide monthly invoice to County for the purchase of any indigent kits.

15

GENERAL REQUIREMENTS

YES

1

Ability to freeze the inmate’s account so that the inmate is unable to order commissary.

2

Ability to freeze an inmate’s account so that nothing whatsoever can affect the inmates account

3

Ability to shut down and restart kiosk through the Trust Accounting Software

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COMMENTS

VENDOR PROVIDES NO

4

Ability to handle multiple cash drawers.

5

Can make updates to the Inmate Trust Accounting that may be beneficial to the County at no charge

6

Ability to interface with the telephone system for inmate purchase of phone time.

7

Release debit cards available for dispensing of inmate funds

8

Interface to credit and debit card providers (pay over the internet)

KIOSKS AND INFRASTRUCTURE, IF ANY

YES

1

Can provide kiosks in each housing unit, and in booking. Also, a few in other areas.

2

Kiosks in the public area and booking are able to receive checks, money orders, coin, currency, and credit cards.

3

Kiosks in the housing units can accept commissary orders , give real time account balance,

4

Housing kiosks have the ability to file grievances, medical requests, view law library materials, and read grievance responses.

5

Ability to implement program when no infrastructure currently exists so needs to be engineered and installed.

6

Vendor can absorb loss for all counterfeit money accepted by Kiosk.

7

Kiosks capable of interfacing with the Jail Management System and inmate accounting system at implementation.

8

Provide equipment required for issuing debit cards to inmates upon their release.

9

Can provide all equipment, cables, etc. required to network all Kiosks at no cost to County.

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COMMENTS

VENDOR PROVIDES NO

10

Ability to change an inmate’s pin number should the inmate’s account be compromised at no charge.

11

Ability to require inmate’s to enter their pin number and one other form of identification in order to access the ordering kiosk

12

Ability to associate kiosk to a specific location so that only inmates within that location may use the kiosk.

13

Ability to add an additional convenience fee to the lobby kiosk to belong to the county/detention center should the county desire to do so.

14

Ability to make deposits through a Booking kiosk when the inmate is processed.

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ATTACHMENT V ‐ COST PROPOSAL RESPONSE SHEET Please list any one‐time costs of Inmate Accounting Software Package and any ongoing or per‐user fees. One‐time Ongoing & Per‐User (if applicable) $ $

Based on the Product list below, please provide the following commission structure proposed.  Please also indicate the sale price being recommended for each item listed below the commission schedule.

$200,000.00   $160,000.00   $120,000.00   $80,000.00   $40,000.00   $1.00

and up $199,999.99   $159,999.99   $119,999.99   $79,999.99   $39,999.99

Commission Schedule / Rate

Commission Rate with Kiosks Installed for Free

Total Estimated Unit Count

Item

For example: Soda

FLAMING HOT CHEETOS STAMPED ENVELOPE RAMEN CHILI JALAPENO CHZ SQZ MAYO CHEETOS CH JALAPENO RAMEN PICANTE BEEF HONEY BUN FR VAN CAPPUCCINO DORITOS NACHO CH RUFFLES CH & SR CRM RAMEN CHICKEN JOLLY RANCHER PEANUT BUTTER SQUEEZ CUPCAKES 4.0 OZ MILD PICANTE SAUCE 85 | P a g e

Est Qty sold (Q1) For example: 25,000

31,829 27,045 23,018 16,994 17,142 17,059 15,843 12,976 14,043 9,717 11,265 8,981 9,081 9,874 9,340 8,324

Est Qty sold (Q2) For example: 15,000

57,709 49,146 42,888 30,907 29,809 29,173 28,248 22,170 20,041 18,964 18,306 17,035 16,412 15,917 15,686 15,665

Wholesale Unit Cost Q1 For example: $.30

Wholesale Unit Cost Q2 For example: $.35

Recommended Sale Price Q1 For example: $. 75

Recommended Sale Price Q2

For example: $.90

JALAPENO SLICES MEAT STICK RAMEN BEEF HOT 'N SPICY STICK MAXWELL HOUSE 3oz RICE KRISPIES TREATS FRITOS CHILI CH CHEETOS 2.0 OZ CHEESE SQUEEZER BLANK LEGAL ENVELOPE DALAN GREEN SOAP

8,394 8,667 8,121 7,594 9,104 7,012 6,375 6,664 5,592 4,345 6,789

15,330 14,614 14,482 13,822 13,001 12,130 11,349 11,198 10,625 10,495 10,176

DORITOS COOL RANCH PENCIL GRAPE JELLY BBQ PORK RINDS CHOC CHIP COOKIES SNICKERS AA BATTERY PEPSI 12 OZ PENCIL TOP ERASER CHEDDAR & BACON TUNA IN A BAG PEANUTS 1.0 OZ MOUNTAIN DEW SPICY CHILI  CK CUP PNUTBTTR CRM COOKIE CHILI RICE & BEANS SALTINES 16 OZ S/F WATERMELON REESES P/B CUP S/F FRUIT PUNCH 10 P ATOMIC FIREBALLS RAZOR TORTILLAS TOOTHBRUSH LEGAL PAD DUPLEX CREAM COOKIES CRUNCH BUDDY BAR LARGE SIZE KIT KAT TWIX BAR 1.79 OZ CHERRY MIX ORANGE CRUSH 12 OZ SWEET & SALTY MIX FRUIT PUNCH MIX 9 X 12 ENVELOPE SEASONED SALT STARBURSTS S/F LEMONADE 10 PK

5,469 4,148 5,598 5,751 4,407 4,653 4,532 3,674 3,035 3,815 4,201 3,447 3,500 3,900 3,044 3,247 3,003 3,359 3,250 3,116 3,168 2,723 2,404 2,998 2,315 2,290 2,823 2,951 2,657 2,313 1,985 2,488 2,066 1,696 1,945 2,170 2,236

10,125 9,900 9,898 9,536 7,806 7,641 7,286 6,771 6,603 6,595 6,458 6,158 6,140 6,135 6,048 6,010 5,862 5,314 5,309 5,245 5,210 5,062 4,974 4,856 4,723 4,695 4,653 4,621 4,538 4,214 4,208 4,065 3,917 3,909 3,859 3,752 3,702

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MEAT & CH STICK MILKYWAY OATMEAL MAPLE & BS GROCERY BAG LEMONADE GRANOLA BAR IVORY SOAP 3.1 OZ LADY SPEED STICK VANILLA CRM COOKIE TOOTHBRUSH HOLDER LEVER SOAP CLOSE‐UP TOOTHPASTE CUP MENNEN SPEEDSTICK FROSTED STRWBRY TST S/F WAFER STARLIGHT MINTS PLAYING CARDS REESE'S PIECES IBUPROFEN(2) PLASTIC SPOON TOSTITOS BABY LOTION COLGATE TOOTHPASTE SIERRA MIST 12 OZ ORANGE MIX HERSHEY ALMOND LCS HAIR TIE SINGLE SOAP BOX BOWL CHEEZ ITS PIZZERIA COMBOS BABY OIL 4 OZ PETROLEUM JELLY BUTTERFINGER COOKIES M & M PEANUT COTTON SWABS SHAMPOO PLAIN M&M'S  1.69 OZ VANILLA PUDDING PEPPERJACK CRACKERS COCOA BUTTER LOTION PECAN CHOC. CHIP MAGIC CREAM SHAVE REPLACEMENT EARBUDS SUGARFREE HARD CANDY PROMO BAG MENNEN SPD STICK HOT TOMALES 2.0 OZ 87 | P a g e

1,988 2,200 2,298 816 1,766 1,900 1,804 1,722 1,502 1,942 1,836 1,804 1,362 1,685 1,530 1,534 1,403 1,540 1,568 1,374 1,486 1,402 1,318 1,380 1,151 1,218 1,408 1,298 1,270 1,082 1,119 1,098 1,088 1,091 1,072 1,046 1,147 1,041 1,082 652 881 713 726 854 893 712 692 700 550

3,641 3,381 3,361 3,304 3,161 3,140 3,123 3,084 2,960 2,949 2,946 2,914 2,884 2,798 2,737 2,675 2,675 2,630 2,580 2,532 2,496 2,495 2,395 2,327 2,316 2,287 2,259 2,220 2,210 2,175 2,040 1,973 1,866 1,852 1,842 1,834 1,803 1,772 1,713 1,494 1,434 1,316 1,288 1,284 1,235 1,167 1,165 1,139 1,136

STAMP DECONGESTANT(2) TAMPONS SUPER COFFEE 4.5oz CONDITIONER 4OZ LIP BALM COMB 5 " HAIR BRUSH COUGH DROPS DIET PEPSI 12 OZ ACETAMINOPHEN LOTION 4 OZ ASPRIN SKETCH PAD HAIR FOOD RADIO W/HEADPHONES SHOWER CAP SPECIAL OCCASION BIRTHDAY ENG. DANDRUFF SHAMPOO 4OZ COFFEE 10 PACK MEDICATED LIP BALM GEL THOOTHPASTE ANTACID 12 COLORED PENCILS APPLE CIDER MIX SHAVING CREAM FRIENDSHIP CARD ENG. FLAMIN' HOT VP COND HAIR DRESSING HYDROCORTIZONE NOXZEMA BLACK AND WHITE SOAP DICTIONARY QUEENHELEN STYLE GEL ANTIFUNGAL CREAM AAA BATTERY AFTERSHAVE HOT BUNDLE PROMO BAG TAMPONS REGULAR SULFER 8 CONDITIONER MUSCLE RUB DOMINOS ACNE TREATMENT SHOWER SHOE MEDIUM DENTURE CLEANSER (6) SHOWER SHOE LARGE ORANGE SANDAL XLARGE SHOWER SHOE SMALL 88 | P a g e

443 587 783 648 623 502 633 524 529 601 399 422 349 314 381 280 399 281 264 304 298 249 296 230 180 172 140 93 107 99 110 135 118 78 108 73 67 44 108 60 54 48 45 57 47 57 42 75 41

1,126 1,117 1,115 1,022 1,021 979 967 952 915 908 905 772 768 694 690 685 635 608 591 566 560 467 449 410 381 288 286 232 228 213 213 210 190 182 180 149 126 113 108 104 96 95 90 83 82 80 80 75 74

EYE DROPS PANTY LINERS CHESS DENTURE ADHESIVE ORANGE SANDAL XXL ORANGE SANDAL LARGE CHECKERS FRIENDSHIP CARD SPN. KORAN SALINE SOLUTION FIRST AID CREAM ORANGE SANDAL MEDIUM SANITARY NAPKINS‐12 TISSUE PACKET READING GLASSES READING GLASSES ORANGE SANDAL SMALL

40 52 29 43 49 39 14 14 10 10 13 13 7 10 9 3 3

71 69 68 55 49 39 31 26 21 21 20 13 12 10 9 3 3

Vendors must state here in their Cost proposal that they understand that the HOC may or may not select full automation of the Commissary with the selected vendor.  For purposes of clarification, this means the County reserves the right to decide to continue with scan forms for a period of time and/or require the vendor selected to interface their Commissary services with a kiosk system provided by another vendor (JPay).  Any changes in costs or commissions related to these requirements will be negotiated with the finalist.  In other words, we want to know who has the best fully automated systems (including kiosks) for the County per the specifications set forth in this RFP, but the HOC may not implement the full system immediately.

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ATTACHMENT W - INDIGENT PRODUCT LIST Please provide your unit costs in the chart below.  The Contractor must provide “indigent” packs at no markup for delivery or other proposer costs. The HOC will receive no commission on all Indigent packs sold, and each must include, at a minimum, the following items: Unit Item Cost Deodorant    Razor    Shampoo 2 oz.    Soap 3 oz.    Toothbrush 3.25"    Toothpaste 1.5 oz.

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ATTACHMENT X - VENDOR COOPERATION & LISTING OF EXCLUDED SERVICES 1. Services. JPay shall provide HOC with trust account payments, release debit cards and media services (the “Services”). a) Trust Account Payments. HOC shall have JPay provide the following payment channels for family and friends to send money to inmate trust accounts (these shall be the exclusive means for family and friends to send money to an inmate’s account) i. ii. iii. iv. v.

Internet/Mobile with a credit/debit card. Telephone/IVR with a credit/debit card. Walk-In Cash Payments at MoneyGram. 2 Lobby Kiosks with cash or a credit/debit card. Lockbox with a money order or approved check.

b) Release Debit Cards. JPay shall provide a release debit card program to HOC whereby HOC can give a prepaid debit card to inmates upon release that contains their remaining trust account balance. The released inmate can use the card for cash withdrawals at ATMs and at merchants for signature and PIN-based purchases. c) Media Services. JPay shall provide approximately 29 kiosks in the living units of HOC facilities for inmates to perform the following: i. Media Players – Inmates may purchase JP4 players or JP5 tablets (when available) from

the kiosk to be used for email, music, eBooks and more. ii. Email – Customers send inmates messages using JPay.com or by downloading the JPay

iPhone or Android smartphone app. Inmates respond from either the kiosk in their dorm or from their player or tablet. The customer can also add photo or VideoGram (30second video clips) attachments to the email. Purchase of postage is required to send or respond to an email. iii. Music – Inmates may purchase and download music. iv. EBooks – Inmates may purchase and download eBooks.

The vendor understands that the above services are excluded in the RFP and hereby agrees to cooperate with JPay as necessary to ensure any required coordination of Commissary and Inmate Banking features. Vendor also agrees to interface with the designated inmate telephone vendor’s system. ________________________________ Authorized Company signature

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Date

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