County of Alameda s1

COUNTY OF ALAMEDA

REQUEST FOR PROPOSAL No. 900644

SPECIFICATIONS, TERMS & CONDITIONS for INMATE COMMISSARY

NETWORKING/BIDDERS CONFERENCES at 10:00 a.m. 2:00 p.m. on on December 16, 2009 December 17, 2009 at at General Services Agency Public Works Agency 1401 Lakeside Drive 951 Turner Court Room 1107, 11th Floor Room 230A Oakland, CA 94612 Hayward, CA 94545

For complete information regarding this project see RFP posted at http://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contractopportunities.jsp or contact the person listed below. Thank you for your interest!

Contact Person: Ann Marie Romero, Contracts Specialist II

Phone Number: (510)208-9742

E-mail Address: [email protected]

RESPONSE DUE by 2:00 p.m. on January 14, 2010

at Alameda County, GSA-Purchasing 1401 Lakeside Drive, Suite 907 Oakland, CA 94612

1401 LAKESIDE DRIVE, SUITE 907, OAKLAND, CALIFORNIA 94612 510 208 9600 FAX 510 208 9626 www.acgov.org/gsa

D:\Docs\2017-07-19\07cb43624325745908602183cdc2e595.doc COUNTY OF ALAMEDA REQUEST FOR PROPOSAL No. 900644 SPECIFICATIONS, TERMS & CONDITIONS for INMATE COMMISSARY

TABLE OF CONTENTS Page 1 of 2 Page

I. ACRONYM AND TERM GLOSSARY...... 4 II. STATEMENT OF WORK A. Intent...... 5 B. Scope...... 5 C. Background...... 5 D. Specific Requirements...... 6 E. Debarment and Suspension...... 9 F. General Environmental Requirements...... 9 G. Deliverables/Reports...... 11 III. INSTRUCTIONS TO BIDDERS H. County Contacts...... 12 I. Calendar of Events...... 13 J. Networking/Bidders Conference...... 13 K. Submittal of Bids...... 14 L. Response Format...... 16 M. Evaluation Criteria/Selection Committee...... 16 N. Contract Evaluation and Assessment ...... 21 O. Notice of Award...... 21 P. Bid Protest / Appeals Process...... 21 IV. TERMS AND CONDITIONS Q. Term / Termination / Renewal...... 23 R. Brand Names and Approved Equivalents...... 23 S. Quantities...... 23 T. Commission Rate...... 23 U. Pricing...... 24 V. Award...... 25 W. County Provisions...... 25 X. Online Contract Compliance Management System...... 28 Y. Compliance Information and Records...... 30 Z. Account Manager/Support Staff...... 30 AA. General Requirements...... 30 COUNTY OF ALAMEDA REQUEST FOR PROPOSAL No. 900644 SPECIFICATIONS, TERMS & CONDITIONS for INMATE COMMISSARY

TABLE OF CONTENTS Page 2 of 2

ATTACHMENTS

Exhibit A – Acknowledgement Exhibit B – Bid Form Exhibit C – Insurance Requirements Exhibit D1 – Current References Exhibit D2 – Former References Exhibit E – SLEB Certification Application Package Exhibit F – Small and Local Business Subcontracting Information Exhibit G – Request for Small and Local or Emerging Preference Exhibit H – First Source Agreement Exhibit I – Exceptions, Clarifications, Amendments Exhibit J – [Intentionally Omitted] Exhibit K – Environmental Certification Exhibit L – RFP Vendor Bid List Exhibit M – Response/Content Submittal; Completeness Check List Exhibit N – Debarment and Suspension Certification Specifications, Terms & Conditions For Inmate Commissary

I. ACRONYM AND TERM GLOSSARY

Unless otherwise noted, the terms below may be upper or lower case. Acronyms will always be uppercase.

ACSO Alameda County Sheriff’s Office Bid Shall mean the bidders’/contractors’ response to this Request Bidder Shall mean the specific person or entity responding to this RFP Board Shall refer to the County of Alameda Board of Supervisors CSC Shall refer to County Selection Committee Contractor When capitalized, shall refer to selected bidder that is awarded a contract County When capitalized, shall refer to the County of Alameda Energy Star Shall refer to the US EPA’s Energy Star program. More information can be found at www.energystar.gov Environmentally Products manufactured in a manner such that the impact on the Preferable Products environment is minimized throughout the entire lifecycle of the product by implementing sustainable practices during material sourcing, manufacturing, transportation, and by providing products that can be used and disposed of in an environmentally sound manner EPA United States Environmental Protection Agency Federal Refers to United States Federal Government, its departments and/or agencies F.O.B Shall mean without charge for delivery to destination and placing on board a carrier at a specified point (Free On Board) IWF Inmate Welfare Fund Labor Code Refers to California Labor Code Proposal Shall mean bidder/contractor response to this RFP PO Shall refer to Purchase Order(s) Request for Proposal Shall mean this document, which is the County of Alameda’s request for contractors’/bidders’ proposal to provide the goods and/or services being solicited herein. Also referred herein as RFP Response Shall refer to bidder’s proposal submitted in reply to RFP RFP Request for Proposal SLEB Small Local Emerging Business Source Reduction Refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging. State Refers to State of California, its departments and/or agencies

of 30 Specifications, Terms & Conditions For Inmate Commissary

II. STATEMENT OF WORK

A. INTENT

The intent of this Request for Proposal (RFP) is to search for qualified vendors who are interested in providing inmate commissary and vending machine services to the Alameda County Sheriff’s Office (ACSO) adult inmate population in the County’s two correctional and detention facilities on a guaranteed commission basis with proceeds payable to the Sheriff’s Inmate Welfare Fund (IWF).

The County intends to issue a Request for Proposal (RFP) to award a three (3) year contract (with option to renew) to the bidder selected as most capable of meeting the County’s requirements.

It is the intent of these specifications, terms, and conditions to procure the most environmentally preferable products with equivalent or higher performance and at equal or lower cost than traditional products. Specific requirements from the County’s Sustainability Program related to this Bid are included in the appropriate Bid sections.

B. SCOPE

The selected contractor must be able to provide inmate commissary and vending machine services with a varied range of County jail approved products made available to inmates housed in these facilities. The contractor may provide to the inmate population food, beverages, personal hygiene products, stationery, and other products through vending machines and commissary services. The contractor will maintain and service the vending machines. The contractor will also be responsible for commissary items that are delivered to the inmate housing units.

C. BACKGROUND

Approximately sixty thousand (60,000) inmates are processed through the County’s detention and corrections facilities each year. The Alameda County Sheriff’s Office (ACSO) detention and corrections facilities are managed by the ACSO which is primarily accountable for the care, custody, and control of the inmates. The average daily population is approximately four thousand eight hundred (4,800) total inmates housed in the two facilities. The facilities operated by the ACSO are Santa Rita Jail in Dublin, California and the Glenn E. Dyer Detention Facility in Oakland, California.

The ACSO encourages recycling in the detention and corrections facilities. Santa Rita Jail generates approximately one hundred and sixty-six thousand (166,000) units per year in post consumer recyclables; approximately three thousand four hundred (3,400) units per week are generated from vending machine product items. Glenn Dyer Facility generates approximately sixteen thousand eight hundred (16,800) units per year in post consumer recyclables, approximately three hundred fifty (350) units per week.

D. VENDOR QUALIFICATIONS/ SPECIFIC REQUIREMENTS

Qualified vendors must be able to provide products and services to meet the needs of inmates housed at the ACSO detention and corrections facilities. Vendor minimum qualification criteria include, but are not limited, to the following:

 Vendor must have at least five (5) years of recent experience providing and administering commissary and vending services at correctional institutions.

 Vendor must have a qualified staff dedicated to the sole purpose of providing commissary services.

 Vendor must have a computerized accounting system to provide, maintain, and manage commissary and vending services information.

 Vendor’s employees entering the facilities and working at the detention and corrections facilities must be able to pass, to the satisfaction of ACSO, a security and background check performed by ACSO. This provision shall also pertain to any small and/or emerging local business participating in this bid.

Specific Requirements

1. Contractor shall provide:

a. Commissary orders which will be delivered to the inmates; b. Delivery of commissary orders to each housing unit; and, c. Debit cards for sale to the inmates on a weekly basis. The debit cards shall be used to make purchases from the vending machines. Inmates may not have more than three (3) debit cards in their possession at one time.

2. Contractor will be responsible for the following:

a. Providing New Book Bags which will include: i. One (1) Rules and Regulation booklet; ii. One (1) short handle toothbrush; iii. One (1) tube toothpaste; iv. Two (2) soap bars; v. One (1) short handle comb; and, vi. *One (1) short handle disposable razor.

b. Providing Maintenance Kits which will include: i. One (1) soap bar; ii. One (1) short handle toothbrush; iii. One (1) tube toothpaste;

iv. *One (1) short handle disposable razor; v. Two (2) packets of shaving gel; vi. One (1) short handle comb; vii. One (1) packet of shampoo; viii. One (1) short pencil; ix. Five (5) sheets of writing paper (5”x 8”); x. Two (2) stamped standard envelopes; xi. One (1) plain blank envelope; and, xii. One (1) paper bag.

*ACSO staff issuing the personal care items will ensure that an inmate who is considered a danger does not receive the disposable razor. The IWF committee may change the New Book Bags and/or Maintenance Kits to add, modify, or delete items.

New Book Bags will be ordered by the supply clerk for the Glenn E. Dryer facility and by the booking staff for the Santa Rita Jail. c. Providing Free Line Mail – Each inmate who is eligible to receive a maintenance kit will also receive materials to conduct personal correspondence. Inmate Services shall process requests for correspondence materials relating to legal matters. d. The distribution of commissary bags between completion of the dinner meal and lights out; e. Checking off inmates names from the commissary distribution list; f. Ensuring all products ordered by inmates are delivered to the properly identified inmate; g. Providing an approved commissary order form to receive orders from inmates and using the listed prices shown on the order form; h. Adhering to the agreed upon delivery schedule as follows: Glenn E. Dyer (North County Jail) Once (1) Per week, Wednesdays (All Floors) Santa Rita Jail Twice (2) Per week, Mondays (Units 21, 22, 23, 24, 25, 31, 32, 33, 34, 35), Fridays (Units 1, 2, 3, 4, 6, 7, 8, and 9). i. Maintaining inmates debit card accounts to contain no more than a maximum of ninety dollars ($90.00) per week; j. Maintenance and operation of the debit card system and resolution of all disputes regarding encoded dollar values; k. Programming debit cards; l. Operation and maintenance of computer hardware and software for a computerized inmate account system;

m. Verification inmate fund balances, and distribution and service of the debit cards; n. Accurate and complete records of all commissary activity and balances of individual inmate accounts using a system approved by ACSO and the IWF committee; and, o. Satisfaction with products and menu selections from the staff and inmates.

3. Contractor will be required to:

a. Install, service, and maintain vending machines at the highest standard of quality and care; b. Provide and sell County approved products as described in the product list (Exhibit B, bid form); c. Provide Energy Efficient machines that meet the current requirements of the US EPA’s Energy Star program and carry the Energy Star label; d. Deliver machines without lamps installed; e. Deliver machines that do not have any part or piece which can be removed by an inmate and used as a weapon; f. Deliver machines constructed with plastic faces. No glass faces are allowed on the machines; g. Provide maintenance for all the machines with a response time guaranteed with a four (4) hour window for service, twenty-four (24) hours a day, seven (7) days a week; and, h. Stock machines daily or as needed. The stocking of the machines shall be accomplished without disruption to jail and housing unit activities.

4. Contractor’s personnel will:

a. Each complete a background investigation conducted by ACSO; b. Provide management supervision for all of their employees assigned to the detention and corrections division; c. Provide a supervisor or designee who shall be available daily to the jail command staff; d. Provide on-site staff at Santa Rita Jail, forty (40) hours per week for the first ninety (90) days of the contract. After the first ninety (90) days of the contract staff shall be dispatched on an as needed basis; e. Complete a sixteen (16) hour formal orientation course appropriate to their assignments; and, f. Notify ACSO at least seventy-two (72) hours prior to a new employee starting at either facility.

5. Recyclable materials and post consumer product take back procedures:

a. Contractor shall assist ACSO in devising and implementing a recycling plan for the collection and processing of post consumer recyclables for products sold through vending machines and commissary; b. At the commencement of the contract, the Contractor will provide at no charge, a bottles recycling collection container with a minimum size of 20 gallons for each location with a soda bottle vending machine and in each housing unit pod. This container shall be provided with a bottles and cans specific lid, i.e. with a round hole in the lid just greater in size than the diameter of the soda bottle; c. Each contain shall be provided by the vendor with a permanently adhered label (hotstamp or sticker) that clearly indicates the container is to be used for the recycling of plastic soda bottles only; d. Annually, or by request of ACSO, contractor shall inventory and provide a report of containers to ensure that every soda machine location and housing unit pod continues to have a bottles recycling bin with appropriate lid available for use by inmates; and, e. Contractor shall remove the collected post-consumer recyclable materials from the facility on a weekly basis.

E. DEBARMENT/SUSPENSION POLICY:

In order to prohibit the procurement of any goods or services ultimately funded by Federal awards from debarred, suspended or otherwise excluded parties, each bidder will be screened at the time of RFP response to ensure bidder, its principal and their named subcontractors are not debarred, suspended or otherwise excluded by the United States Government in compliance with the requirements of 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549. . The County will verify bidder, its principal and their named subcontractors are not on the Federal debarred, suspended or otherwise excluded list of vendors located at www.epls.gov; and . Bidders are to complete a Debarment and Suspension Certification form, Exhibit N attached, certifying bidder, its principal and their named subcontractors are not debarred, suspended or otherwise excluded by the United States Government.

F. GENERAL ENVIRONMENTAL REQUIREMENTS: The requirements outlined in this section apply to all product categories contained in this bid.

1. Overview:

It is the objective of the County to purchase products with the lowest overall environmental impact from manufacturing through end of life and to procure

services that achieve this same objective. To meet this objective, environmental factors and product attributes are evaluated in the procurement process. The County is mandated under Measure D to divert seventy five percent (75%) of material from landfill by the year 2010 through recycling and source reduction and to encourage markets for environmentally preferable goods through its procurement process. Outlined below is an overview of the specific aspects of the County’s Resource Conservation & Recycling Program which apply to Bidders. Additional requirements are included in relevant sections throughout the bid.

2. Environmental Compliance:

Manufacturers and service providers will be in compliance with all local, state, and federal environmental and worker health and safety regulations that apply to their operation.

3. Source Reduction and Packaging:

The County has a strong commitment to source reduction, minimizing waste generation, and reducing the County’s expenditure on waste disposal and recycling. Bidders shall provide bulk packaging, reusable, or minimal packaging in providing products to the County. Packaging will be both made from recycled materials and be recyclable. Contractors should explore and provide opportunities for the reuse of packaging materials. In the bid response, Bidders shall include a written summary of their planned efforts to minimize the amount of packaging and shipping materials and should describe the post-consumer recycled content of those materials.

Packaging shall not contain inks, dyes, pigments, stabilizers, or any other additives to which any lead, cadmium, mercury, and hexavalent chromium has been intentionally introduced. The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium shall not exceed one hundred (100) parts per million by weight. Packaging is discussed further in the “Technical and Performance Specification” section.

4. Pallets and Large-Volume Packaging:

Pallets and large-volume packaging materials will be taken back by the Contractors. The County encourages the use of pallets that meet the EPA’s minimum post-consumer recycled content guidelines for pallets that can be found at http://www.epa.gov/epaoswer/non-hw/procure/products/pallets.htm. In the case of large-volume packaging, the County prefers that the vendor reuse or recycle the material.

5. Persistent Bioaccumulative Toxins:

In January 2002, the County passed a resolution “to encourage the reduction and where feasible, the elimination of [persistent, bioaccumulative and toxic chemical] (PBT) emissions…” The United States Environmental Protection Agency has established a list of twelve priority PBTs including dioxins, polychlorinated biphenyls, mercury and its compounds, lead and others. The most current list can be found at the EPA’s website at www.epa.gov/opptintr/pbt/. Additionally, PBTs are listed in the CCR in Section 66261.24.

Contractors must provide products and services that allow the County to comply with the PBT Resolution and must complete the certification statement included in the Attachments. The Resolution requires that the County eliminate and reduce the procurement of products and services which contain or cause the generation and release of PBTs into the environment during their manufacture, use, or destruction/disposal. Bidders should provide products that do not contain, use, or generate PBTs. If no alternative materials are available, Bidders should notify the County in writing prior to providing such materials to the County or using these materials when providing services to the County.

6. Energy Reduction, Global Warming:

In order to reduce the generation of global warming gases, as well as the County’s operating costs; contractors are expected to provide energy-efficient products to the County. All products for which the EPA Energy Star certification is available shall meet Energy Star certification. When Energy Star labels are not available, energy-efficient products that are in the upper twenty five percent (25%) of energy efficiency as designated by the Federal Energy Management Program are required. In addition, the County encourages contractors to implement energy reduction measures in their respective operations.

G. DELIVERABLES/REPORTS

1. Contractor shall supply preprinted order forms for inmate commissary orders.

2. Contractor shall maintain and provide to ACSO the original completed commissary order form immediately upon completion of delivery of commissary orders. The inmates must sign the completed order form.

3. Contractor shall make a product sales and price list available to the ACSO at the start of the contract. An IWF manager and/or ACSO shall approve any changes to the product and price list.

4. Contractor shall produce a video for inmates on how to use vending machines, debit cards, how to recycle using vendor provided recycling containers and how to order commissary items with the approval of the IWF and ACSO.

5. A monthly sales report shall be provided to ACSO and IWF committee on the fifth (5th) working day of each month for the previous month’s activity. Reports must be available in an electronic format that can be stored, printed, and electronically transmitted.

6. At the commencement of the contract, provide an audit of machines in use with serial numbers and proof of compliance with Energy Star.

III. INSTRUCTIONS TO BIDDERS

H. COUNTY CONTACTS

GSA-Purchasing is managing the competitive process for this project on behalf of the County. All contact during the competitive process is to be through the GSA-Purchasing Department only.

The evaluation phase of the competitive process shall begin upon receipt of sealed bids until a contract has been awarded. Bidders shall not contact or lobby evaluators during the evaluation process. Attempts by Bidder to contact evaluators may result in disqualification of bidder.

All questions regarding these specifications, terms and conditions are to be submitted in writing, preferably via e-mail by December 15, 2009, 12:00 Noon to:

Ann Marie Romero, Contracts Specialist II Alameda County, GSA-Purchasing 1401 Lakeside Drive, Suite 907 Oakland, CA 94612 E-Mail: [email protected] Phone: 510-208-9742 Fax: 510-208-9626

The GSA Contracting Opportunities website will be the official notification posting place of all Requests for Interest, Proposals, Quotes and Addenda. Go to http://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contractopportunities.jsp to view current contracting opportunities.

I. CALENDAR OF EVENTS

Event Date/Location Request Issued November 24, 2009 Written Questions BY 12:00 Noon on December 15, 2009 Due Networking/Bidders December 16, 2009 @ 10:00 a.m. AT : General Services Agency Conference #1 1401 Lakeside Drive Room 1107, 11th Floor Oakland, CA 94612 Networking/Bidders December 17, 2009 @ 2:00 p.m. AT : Public Works Agency Conference #2 951 Turner Court Room 230A Hayward, CA 94545 Addendum Issued December 30, 2009 Response Due January 14, 2010 by 2:00 p.m. Evaluation Period January 14, 2010 – February 9, 2010. Vendor Interviews February 10, 2010 Recommendation to February 26, 2010 Award Contract Start Date April 1, 2010

Note: Award and start dates are approximate.

It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition. By the submission of a Bid, the Bidder certifies that if awarded a contract they will make no claim against the County based upon ignorance of conditions or misunderstanding of the specifications.

J. NETWORKING/BIDDERS CONFERENCE

Networking/bidders conferences will be held to:

. Provide an opportunity for small and local and emerging businesses (SLEBs) and large firms to network and develop subcontracting relationships in order to participate in the contract that may result from this RFP. . Provide an opportunity for bidders to ask specific questions about the project and request RFP clarification. . Provide bidders an opportunity to view a site, receive documents, etc. necessary to respond to this. . Provide the County with an opportunity to receive feedback regarding the project and RFP.

Written questions submitted prior to the networking/bidders conferences, in accordance with the Calendar of Events, and verbal questions received at the networking/bidders conferences, will be addressed whenever possible at the networking/bidders conferences. All questions will be addressed and the list of attendees will be included in an RFP Addendum following the networking/bidders conferences in accordance with the Calendar of Events.

Potential bidders are strongly encouraged, but not required, to attend a networking/bidders conference in order to further facilitate subcontracting relationships. Vendors who attend a networking/bidders conference will be added to the Vendor Bid List (see Exhibit L).

Failure to participate in a networking/bidders conference will in no way relieve the Contractor from furnishing goods and/or services required in accordance with these specifications, terms and conditions. Attendance at a networking/bidders conference is strongly encouraged and recommended but is not mandatory.

Networking/bidders conferences will be held on:

December 16, 2009 at 10:00 a.m. December 17, 2009 at 2:00 p.m. at at General Services Agency Public Works Agency Room 1107, 11th Floor 951 Turner Court 1401 Lakeside Drive Room 230A Oakland, CA 94612 Hayward, CA 94545 Additional Information: Please allow Additional Information: Free parking enough time for parking at metered available at on-site parking lot. street parking or public parking lot and entry into secure building.

K. SUBMITTAL OF BIDS

1. All bids must be SEALED and must be received at the Office of the Purchasing Agent of Alameda County BY 2:00 p.m. on the due date specified in the Calendar of Events.

NOTE: LATE AND/OR UNSEALED BIDS CANNOT BE ACCEPTED. IF HAND DELIVERING BIDS PLEASE ALLOW TIME FOR METERED STREET PARKING OR PARKING IN AREA PUBLIC PARKING LOTS AND ENTRY INTO SECURE BUILDING.

Bids will be received only at the address shown below, and by the time indicated in the Calendar of Events. Any bid received after said time and/or date or at a place other than the stated address cannot be considered and will be returned to the bidder unopened.

All bids, whether delivered by an employee of Bidder, U.S. Postal Service, courier or package delivery service, must be received and time stamped at the stated address prior to the time designated. The Purchasing Department's timestamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids.

1. Bids are to be addressed and delivered as follows:

Inmate Commissary RFP No. 900644 Alameda County, GSA-Purchasing 1401 Lakeside Drive, Suite 907 Oakland, CA 94612

2. Bidders are to submit an original plus four (4) copies of their proposals. Please provide an electronic copy in Word format on a disk or flash drive when bid is submitted. Original proposal is to be clearly marked and must be either loose leaf or in a 3-ring binder, not bound.

3. Bidder's name and return address must also appear on the mailing package.

4. No telegraphic, email (electronic) or facsimile bids will be considered.

5. Bidder agrees and acknowledges all RFP specifications, terms and conditions and indicates ability to perform by submission of its bid.

6. Submitted bids shall be valid for a minimum period of twelve (12) months.

7. All costs required for the preparation and submission of a bid shall be borne by Bidder.

8. Only one bid response will be accepted from any one person, partnership, corporation, or other entity; however, several alternatives may be included in one response. For purposes of this requirement, “partnership” shall mean, and is limited to, a legal partnership formed under one or more of the provisions of the California or other state’s Corporations Code or an equivalent statute.

9. Proprietary or Confidential Information: No part of any bid response is to be marked as confidential or proprietary. County may refuse to consider any bid response or part thereof so marked. Bid responses submitted in response to this RFP may be subject to public disclosure. County shall not be liable in any way for disclosure of any such records. Additionally, all bid responses shall become the property of County. County reserves the right to make use of any information or

ideas contained in submitted bid responses. This provision is not intended to require the disclosure of records that are exempt from disclosure under the California Public Records Act (Government Code Section 6250, et seq.) or of “trade secrets” protected by the Uniform Trade Secrets Act (Civil Code Section 3426, et seq.)

10. All other information regarding the bid responses will be held as confidential until such time as the County Selection Committee has completed their evaluation and, or if, an award has been made. Bidders will receive mailed award/non-award notification(s), which will include the name of the bidder to be awarded this project. In addition, award information will be posted on the County’s “Contracting Opportunities” website, mentioned above.

11. Each bid received, with the name of the bidder, shall be entered on a record, and each record with the successful bid indicated thereon shall, after the award of the order or contract, be open to public inspection.

L. RESPONSE FORMAT

1. Bid responses are to be straightforward, clear, concise and specific to the information requested.

2. In order for bids to be considered complete, Bidder must provide all information requested. See Exhibit M, Response Content and Submittals, Completeness Checklist.

M. EVALUATION CRITERIA/SELECTION COMMITTEE

All proposals will be evaluated by a County Selection Committee (CSC). The County Selection Committee may be composed of County staff and other parties that may have expertise or experience in inmate commissary and vending machines services. The CSC will select a contractor in accordance with the evaluation criteria set forth in this RFP. The evaluation of the proposals shall be within the sole judgment and discretion of the CSC.

All contact during the evaluation phase shall be through the GSA-Purchasing Department only. Bidders shall neither contact nor lobby evaluators during the evaluation process. Attempts by Bidder to contact and/or influence members of the CSC may result in disqualification of Bidder.

The CSC will evaluate each proposal meeting the qualification requirements set forth in this RFP. Bidders should bear in mind that any proposal that is unrealistic in terms of the technical or schedule commitments, or unrealistically high or low in cost, will be deemed reflective of an inherent lack of technical competence or indicative of a failure to

of 30 Specifications, Terms & Conditions For Inmate Commissary comprehend the complexity and risk of the County’s requirements as set forth in this RFP.

Bidders are advised that in the evaluation of cost it will be assumed that the unit price quoted is correct in the case of a discrepancy between the unit price and an extension.

As a result of this RFP, the County intends to award a contract to the responsible bidder whose response conforms to the RFP and whose bid presents the greatest value to the County, all evaluation criteria considered. The combined weight of the evaluation criteria is greater in importance than cost in determining the greatest value to the County. The goal is to award a contract to the bidder that proposes the County the best quality as determined by the combined weight of the evaluation criteria. The County may award a contract of higher qualitative competence over the lowest priced response.

The basic information that each section should contain is specified below, these specifications should be considered as minimum requirements. Much of the material needed to present a comprehensive proposal can be placed into one of the sections listed. However, other criteria may be added to further support the evaluation process whenever such additional criteria are deemed appropriate in considering the nature of the goods and/or services being solicited.

Each of the following Evaluation Criteria below will be used in ranking and determining the quality of bidders’ proposals. Proposals will be evaluated according to each Evaluation Criteria, and scored on a five-point scale. The scores for all the Evaluation Criteria will then be added according to their assigned weight (below) to arrive at a weighted score for each proposal. A proposal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any project is five hundred fifty (550) points including local and small and local or emerging and local preference points.

The zero to five-point scale range is defined as follows: Non-responsive, fails to meet RFP specification. The approach has no probability of success. If a mandatory 0 Not Acceptable requirement this score will result in disqualification of proposal. Below average, falls short of expectations, is substandard to 1 Poor that which is the average or expected norm, has a low probability of success in achieving objectives per RFP. Has a reasonable probability of success, however, some 2 Fair objectives may not be met. Acceptable, achieves all objectives in a reasonable fashion per RFP specification. This will be the baseline score for each 3 Average item with adjustments based on interpretation of proposal by Evaluation Committee members.

Above Very good probability of success, better than that which is 4 Average/Good average or expected as the norm. Achieves all objectives per RFP requirements and expectations. Exceeds expectations, very innovative, clearly superior to that Excellent/Excep which is average or expected as the norm. Excellent 5 tional probability of success and in achieving all objectives and meeting RFP specification.

The Evaluation Criteria and their respective weights are as follows:

Evaluation Criteria Weight A. Completeness of Response: Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent Addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration.

Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process. Pass/Fail B. Financial Stability (See RFP Exhibit M, section G) Pass/Fail C. Debarment and Suspension: Bidders, its principal and named subcontractors are not identified on the list of Federally debarred, suspended or other excluded parties located at www.epls.gov. Pass/Fail D. Technical Criteria: In each area described below, an evaluation will be made of the probability of success of and risks associated with, the proposal response: 1. System Design - A comparison will be made of the proposed inmate accounting systems. Additional credit will be given for features of the proposed design that offer enhanced utility, ease of use or ease of integration with existing accounting equipment and systems. 2. Software Design and Development - The evaluation will compare the proposed software capabilities with the requirements of this RFP in terms of the software’s compatibility with existing inmate accounting and vending equipment, management and data processing systems

3. Ancillary Services - A comparison will be made of the proposed services with the requirements of this RFP. Credit will be given for convenience, responsiveness and technical expertise and enhancements not 10 Points specifically required in the Specific Requirements. E. Commission Rate: The points for Commission Rate will be computed by using a formula which divides the estimated total commission amount offered by the vendor to the County by the highest estimated total commission amount offered to the County times the rating of five (5). Example: 30/30=1, 1 X 5 = 5 (The highest rating). This is then calculated times the weight. If the proposer has the highest estimated commission amount, it will receive a maximum rating of 5, any other bid will receive something lower than a rating of 5. While not reflected in the commission rate evaluation points, an evaluation may also be made of (a) reasonableness (i.e., does the proposed pricing accurately reflect the bidder’s effort to meet requirements and objectives?); (b) realism (i.e., is the proposed cost appropriate to the nature of the products and services to be provided?). 15 Points F. Implementation Plan and Schedule: An evaluation will be made of the likelihood that Bidder’s implementation plan and schedule will meet the County’s schedule. Additional credit will be given in the identification and planning for including in the proposal a plan on how contractor intends to implement recyclable collections, processing, and product take back procedures for all vending and commissary recyclable materials and post consumer products generated in the ACSO detention and corrections facilities. 15 Points G. Relevant Experience: Proposals will be evaluated against the RFP specifications and the questions below: -Do the individuals assigned to the project have experience on similar projects? -Are resumes complete and do they demonstrate backgrounds that would be desirable for individuals engaged in the work the project requires? -How extensive is the applicable education and experience of the personnel designated to work on the project? 10 Points

H. References (See RFP Exhibit D-1 & D-2). Reference scores will only be added to the top three (3) bidders after interviews. 5 Points I. Overall Proposal: An evaluation will be made of the over all impact of the proposal to the inmate commissary and vending machine program. A proposal that presents the least cost and overall impact to the inmates, combined with the overall benefit for the IWF shall be given additional credit. Example: Indigent maintenance kits and/or recycling programs covered by the vendor. 15 Points J. Oral Presentation and Interview: Following evaluation of the written proposals, bidders receiving the highest scores may be invited to an oral presentation and interview. The scores at that time will not be communicated to bidders. “Following the evaluation of written proposals the top three (3) bidders receiving the highest preliminary scores and at least 200 points will be invited to an oral presentation and interview. The oral presentation by each bidder shall not exceed sixty (60) minutes in length. The oral interview will consist of standard questions asked of each of the bidders and specific questions regarding the specific proposal. The proposals may then be re-evaluated and re- scored based on the oral presentation and interview. 15 Points K. Understanding of the Project: Proposals will be evaluated against the RFP specifications and the questions below: -Has proposer demonstrated a thorough understanding of the purpose and scope of the project? -How well has the proposer identified pertinent issues and potential problems related to the project? -Has the proposer demonstrated that it understands the deliverables the County expects it to provide? Has the proposer demonstrated that it understands the County’s time schedule and can meet it? 15 Points Local Preference Five Percent (5%) Small and Local or Emerging and Local Preference Five Percent (5%)

N. CONTRACT EVALUATION AND ASSESSMENT

The County reserves the right to determine, at its sole discretion, (a) whether Contractor has complied with all terms of this RFP and (b) whether any problems or potential problems with the proposed equipment/system were evidenced which make it unlikely (even with possible modifications) that such proposed equipment/system have met the County requirements. If, as a result of such determination the County concludes that it is not satisfied with Contractor, Contractor’s performance under any awarded contract and/or Contractor’s goods and/or services as contracted for therein, the Contractor will be notified of contract termination effective forty-five (45) days following notice. Contractor shall be responsible for the removal of equipment/system and shall return County facilities to their pre-installation state at no charge to the County. The County will have the right to invite the next highest ranked bidder to enter into a contract. The County also reserves the right to re-bid this project if it is determined to be in its best interest to do so.

O. NOTICE OF AWARD

1. At the conclusion of the RFP response evaluation process (“Evaluation Process”), all bidders will be notified in writing by certified mail, return receipt requested, of the contract award recommendation, if any, by GSA – Purchasing. The document providing this notification is the Notice of Award.

The Notice of Award will provide the following information:

. The name of the bidder being recommended for contract award; . The names of all other bidders; and, . In summary form Bid numbers, evaluation points for each bidder.

2. Debriefings for unsuccessful bidders will be scheduled and provided upon written request and will be restricted to discussion of the unsuccessful offeror’s bid with the Buyer.

a. Under no circumstances will any discussion be conducted with regard to contract negotiations with the successful bidder, etc.

b. Debriefing may include review of successful bidder’s proposal.

P. BID PROTEST / APPEALS PROCESS

GSA-Purchasing prides itself on the establishment of fair and competitive contracting procedures and the commitment made to following those procedures. The following is provided in the event that bidders wish to protest the bid process or appeal the recommendation to award a contract for this project.

1. Any bid protest must be submitted in writing to the Deputy Director of GSA, 1401 Lakeside Drive, Suite 907, Oakland, CA 94612. The bid protest must be submitted before 5:00 p.m. of the tenth (10th) business day following the date of the Notice of Award.

a. The bid protest must contain a complete statement of the basis for the protest.

b. The protest must include the name, address and telephone number of the person representing the protesting party.

c. The party filing the protest must concurrently transmit a copy of the protest and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. At a minimum, those parties listed in the Notices of Award/Non-Award shall be notified of such protest and the specific grounds therefore.

d. The procedure and time limits are mandatory and are the Bidder’s sole and exclusive remedy in the event of Bid Protest.

2. Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid Protest, including filing a Government Code claim or legal proceedings.

3. Upon receipt of written protest/appeal Deputy Director, GSA will review and provide an opportunity to settle the protest/appeal by mutual agreement, will schedule a meeting to discuss or issue a written response to advise an appeal/protest decision within five (5) working days of review date.

a. Responses will be issued and/or discussed at least five (5) days prior to Board hearing date.

b. Responses will inform the bidder whether or not the recommendation to the Board is going to change.

4. The decision of the Deputy Director, GSA may be appealed to the Auditor- Controller’s Office of Contract Compliance (OCC) located at 1221 Oak St., Rm. 249, Oakland, CA 94612, Fax: (510) 272-6502. All appeals to the Auditor- Controller’s OCC shall be in writing and submitted within five (5) calendar days of notification of decision by the Deputy Director, GSA-Purchasing.

5. The decision of the Auditor-Controller’s OCC is the final step of the appeal process.

IV. TERMS AND CONDITIONS

Q. TERM / TERMINATION / RENEWAL

1. The term of the contract, which may be awarded pursuant to this RFP, will be three (3) years.

2. By mutual agreement, any contract which may be awarded pursuant to this RFP, may be extended for two additional one year terms at agreed prices with all other terms and conditions remaining the same.

R. BRAND NAMES AND APPROVED EQUIVALENTS

1. Any references to manufacturers, trade names, brand names and/or catalog numbers are intended to be descriptive, but not restrictive, unless otherwise stated, and are intended to indicate the quality level desired. Bidders may offer any equivalent product that meets or exceeds the specifications. Bids based on equivalent products must:

a. Clearly describe the alternate offered and indicate how it differs from the product specified; and,

b. Include complete descriptive literature and/or specifications as proof that the proposed alternate will be equal to or better than the product named in this bid.

2. The County reserves the right to be the sole judge of what is equal and acceptable and may require Bidder to provide additional information and/or samples.

3. If Bidder does not specify otherwise, it is understood that the referenced brand will be supplied.

S. QUANTITIES

Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.

T. COMMISSION RATE

Commission rate as quoted will remain firm for the term of any contract that may be awarded as a result of this RFP.

U. PRICING

1. Pricing is provided for evaluation purposes. Final sale prices are set by the IWF Committee. If items in the list are not available or if bidder does not agree to these prices, bidder may propose an alternate equivalent of the item and include package size, brand name, and price of each alternate product to be supplied.

2. The County reserves the right to award this contract, not necessarily to the vendor with the highest commission rate, but to the bidder that demonstrates the best ability to fulfill the requirements of the RFP. As a result of this RFP, the County intends to award a contract to the responsible bidder whose response conforms to the RFP and whose bid presents the greatest value to the County, all evaluation criteria considered. The combined weight of the evaluation criteria is greater in importance than high commission rate in determining the greatest value to the County. The goal is to award a contract to the bidder that proposes to the County the best quality as determined by the combined weight of the evaluation criteria. The County may award a contract of higher qualitative competence over the highest commission rate proposed.

3. All pricing as quoted will remain firm for the term of any contract that may be awarded as a result of this RFP.

4. Unless otherwise stated, Bidder agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the County.

5. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included.

6. Any price increases or decreases for subsequent contract terms may be negotiated between Contractor and County only after completion of the initial term.

7. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used. There are no exceptions.

8. Price quotes shall include any and all payment incentives available to the County.

9. Bidders are advised that in the evaluation of cost, if applicable, it will be assumed that the unit price quoted is correct in the case of a discrepancy between the unit price and an extension.

10. Federal and State minimum wage laws apply. The County has no requirements for living wages. The County is not imposing any additional requirements regarding wages.

11. Prevailing Wages: Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract.

V. AWARD

1. Proposals will be evaluated by a committee and will be ranked in accordance with the RFP section entitled “Evaluation Criteria/Selection Committee.”

2. The committee will recommend award to the bidder who, in its opinion, has submitted the proposal that best serves the overall interests of the County and attains the highest overall point score. Award may not necessarily be made to the bidder with the lowest price.

3. The County reserves the right to reject any or all responses that materially differ from any terms contained herein or from any Exhibits attached hereto and to waive informalities and minor irregularities in responses received.

4. The County reserves the right to award to a single or multiple contractors.

5. The County has the right to decline to award this contract or any part thereof for any reason.

6. Final Standard Agreement terms and conditions will be negotiated with the selected bidder.

7. The RFP specifications, terms, conditions and Exhibits, RFP Addenda and Bidder’s proposal, may be incorporated into and made a part of any contract that may be awarded as a result of this RFP.

W. COUNTY PROVISIONS

1. Preference for Local Products and Vendors: A five percent (5%) preference shall be granted to Alameda County products or Alameda County vendors on all sealed bids on contracts except with respect to those contracts which state law requires be granted to the lowest responsible bidder. An Alameda County vendor is a firm or dealer with fixed offices and having a street address within the County for at least six

(6) months prior to the issue date of this RFP; and which holds a valid business license issued by the County or a city within the County. Alameda County products are those which are grown, mined, fabricated, manufactured, processed or produced within the County. Locality must be maintained for the term of the contract. Evidence of locality shall be provided immediately upon request and at any time during the term of any contract that may be awarded to Contractor pursuant to this RFP.

2. Small and Emerging Locally Owned Business: A small business for purposes of this RFP is defined by the United States Small Business Administration as having no more than $7,000,000 as required per SBA standards based on the appropriate NAICS code for that industry in average annual gross receipts over the last three (3) years. An emerging business, as defined by the County is one having annual gross receipts of less than one-half (1/2) of the above and has been in business less than five (5) years. In order to participate herein, the small or emerging business must also satisfy the locality requirements and be certified by the County as a Small or Emerging, local business. A certification application package (consisting of Instructions, Application and Renewal Application) has been attached hereto as Exhibit E and must be completed and returned by a qualifying contractor.

A locally owned business, for purposes of satisfying the locality requirements of this provision, is a firm or dealer with fixed offices and having a street address within the County for at least six (6) months prior to the issue date of this RFP; and which holds a valid business license issued by the County or a city within the County.

The County is vitally interested in promoting the growth of small and emerging local businesses by means of increasing the participation of these businesses in the County’s purchase of goods and services. As a result of the County’s commitment to advance the economic opportunities of these businesses the following provisions shall apply to this RFP:

a. If Bidder is certified by the County as either a small and local or an emerging and local business, the County will provide a five percent (5%) bid preference, in addition to that set forth in paragraph 1., above, for a total bid preference of ten percent (10%). However, a bid preference cannot override a State law, which requires the granting of an award to the lowest responsible bidder.

b. Bidders not meeting the small or emerging local business requirements set forth above do not qualify for a bid preference and must subcontract with one or more County certified small and/or emerging local businesses for at least twenty percent (20%) of Bidder’s total bid amount in order to be considered for the contract award. Bidder, in its bid response, must submit

written documentation evidencing a firm contractual commitment to meeting this minimum local participation requirement. Participation of a small and/or emerging local business must be maintained for the term of any contract resulting from this RFP. Evidence of participation shall be provided immediately upon request at any time during the term of such contract.

The County reserves the right to waive these small/emerging local business participation requirements in this RFP, if the additional estimated cost to the County, which may result from inclusion of these requirements, exceeds five percent (5%) of the total estimated contract amount or Ten Thousand Dollars ($10,000), whichever is less.

The following entities are exempt from the Small and Emerging Local Business (SLEB) requirements as described above and are not required to subcontract with a SLEB. If you apply and are certified as a SLEB, you will receive a 5% SLEB bid preference:  non-profit community based organizations (CBO);  non-profit churches or non-profit religious organizations (NPO);  public schools; and universities; and  government agencies Non-profits must provide proof of their tax exempt status. These are defined as organizations that are certified by the U.S. Internal Revenue Service as 501(c) 3.

If additional information is needed regarding this requirement, please contact the Auditor-Controller’s Office of Contract Compliance (OCC) located at 1221 Oak St., Rm. 249, Oakland, CA 94612 at Tel: (510) 891- 5500, Fax: (510) 272-6502 or via E-mail at [email protected].

3. First Source Program: The First Source Program has been developed to create a public/private partnership that links CalWORKs job seekers, unemployed and under employed County residents to sustainable employment through the County’s relationships/connections with business, including contracts that have been awarded through the competitive process, and economic development activity in the County. Welfare reform policies and the new Workforce Investment Act requires that the County do a better job of connecting historically disconnected potential workers to employers. The First Source program will allow the County to create and sustain these connections.

Vendors awarded contracts for goods and services in excess of One Hundred Thousand Dollars ($100,000) as a result of any subsequently issued RFP are to allow Alameda County ten (10) working days to refer potential candidates to

vendor to be considered by Vendor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County, that Vendor has available during the life of the contract before advertising to the general public. Potential candidates referred by County to Vendor will be pre-screened, qualified applicants based on vendor specifications. Vendor agrees to use its best efforts to fill its employment vacancies with candidates referred by County, but the final decision of whether or not to offer employment, and the terms and conditions thereof, rest solely within the discretion of the Vendor.

Bidders are required to complete, sign and submit in their bid response, the First Source Agreement that has been attached hereto as Exhibit H, whereby they agree to notify the First Source Program of job openings prior to advertising elsewhere (ten day window) in the event that they are awarded a contract as a result of this RFP. Exhibit H will be completed and signed by County upon contract award and made a part of the final contract document.

If compliance with the First Source Program will interfere with Contractor’s pre- existing labor agreements, recruiting practices, or will otherwise obstruct the Contractor’s ability to carry out the terms of the contract, the Contractor will provide to the County a written justification of non-compliance.

If additional information is needed regarding this requirement, please contact the Auditor-Controller’s Office of Contract Compliance (OCC) located at 1221 Oak St., Rm. 249, Oakland, CA 94612 at Tel: (510) 891- 5500, Fax: (510) 272-6502 or via E-mail at [email protected].

4. Environmentally Friendly Packaging: Alameda County is an environmentally responsible employer and seeks all practical opportunities for waste reduction and recycling. The County, therefore, encourages its contractors to reduce waste volume and toxicity by using environmentally friendly packaging material whenever possible. Options may include backhauling product packaging to the supplier for reuse or recycling, shipping in bulk or reduced packaging, using soy bean-based inks for packaging printing, using recycled product packaging or using recyclable or reusable packaging material. The County encourages all bidders and contractors for goods and services to adhere to these principles where practicable.

X. ONLINE CONTRACT COMPLIANCE SYSTEM

As part of the Alameda County General Services Agency’s commitment to assist contractors to conveniently comply with legal and contractual requirements, the County has established an online Contract Compliance System. The system was designed to help reduce contractors’ administrative costs and to provide various work-flow automation features that improve the project reporting process.

The Alameda County Contract Compliance System will be implemented to monitor contract compliance for County contracts through the use of a new interactive website, Elation Systems. The prime contractor and all participating subcontractors awarded contracts as a result of this bid process for this project, are required to use the secure web-based system to submit SLEB Program information including, but not limited to, monthly progress payment reports and other information related to SLEB participation.

The Alameda County Contract Compliance System has been designed to provide online functionality that streamlines the process, reduces paperwork and assists contractors and subcontractors in complying with the County’s SLEB Program and its reporting requirements. Utilizing the Alameda County Contract Compliance System will reduce the amount of time currently required to submit hard copy documentation regarding contract compliance information and is provided for use by County contractors and subcontractors at no cost.

Procedural differences between the previous conventional reporting and the new web- based system include: . Monthly progress payment status reports will be submitted via the web-based system. . Paper copies will no longer be required. . Contractor will be required to enter data for payments made and subcontractors will be required to enter data for payments received into the web-based system.

Alameda County Contract Compliance System training and ongoing support are provided at no charge to contractors and participating sub-contractors awarded a contract as a result of this bid process for this project. Contractors having contracts with the County should schedule a representative from their office/company, along with each of their subcontractors, to attend training. Training sessions are approximately one hour and will be held periodically in a number of locations throughout Alameda County.

Upon award of contract, please view the training schedule http://www.elationsys.com/elationsys/support_1.htm or call Elation Systems at (510) 764-1870. A special access code will be provided to contractors and subcontractors participating in any contract awarded as a result of this bid process to allow use of the System free of charge. It is the Contractor’s responsibility to ensure that they and their subcontractors are registered and trained as required to utilize the Alameda County Contract Compliance System.

Please contact the Auditor-Controller’s Office of Contract Compliance (OCC) located at 1221 Oak St., Rm. 249, Oakland, CA 94612, at Tel: (510) 891-5500, Fax: (510) 272-6502 or via E-mail at [email protected] if you have any other questions regarding utilization of the Alameda County Contract Compliance System.

Y. COMPLIANCE INFORMATION AND RECORDS

As needed and upon request, for the purposes of determining compliance with the SLEB Program, the Contractor shall provide the County with access to all records and documents that relate to SLEB participation and/or certification. Proprietary information will be safeguarded. All subcontractor submittals must be through the prime contractor.

Z. ACCOUNT MANAGER/SUPPORT STAFF

1. Contractor shall provide a dedicated competent account manager who shall be responsible for the County account/contract. The account manager shall receive all orders from the County and shall be the primary contact for all issues regarding Bidder’s response to this RFP and any contract which may arise pursuant to this RFP.

2. Contractor shall also provide adequate, competent support staff that shall be able to service the County during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the contract, products offered and able to identify and resolve quickly any issues including but not limited to order and invoicing problems.

3. Contractor account manager shall be familiar with County requirements and standards and work with the ACSO and the IWF committee to ensure that established standards are adhered to.

4. Contractor account manager shall keep the County Specialist informed of requests from departments as required.

AA. GENERAL REQUIREMENTS

1. Proper conduct is expected of Contractor’s personnel when on County premises. This includes adhering to no-smoking ordinances, the drug-free work place policy, not using alcoholic beverages and treating employees courteously.

2. County has the right to request removal of any Contractor employee or subcontractor who does not properly conduct himself/herself/itself or perform quality work.

3. Contractor personnel shall be easily identifiable as non-County employees (i.e. work uniforms, badges, etc.).

of 30 COUNTY OF ALAMEDA EXHIBIT A – BID ACKNOWLEDGEMENT

RFP No. 900644 for Inmate Commissary

The County of Alameda is soliciting bids from qualified vendors to furnish its requirements per the specifications, terms and conditions contained in the above referenced RFP number. This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response. Obligations assumed by such signature must be fulfilled. 1. Preparation of bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing bid. (b) Quote price as specified in RFP. No alterations or changes or any kind shall be permitted to Exhibit B, Bid Form. Responses that do not comply shall be subject to rejection in total. 2. Failure to bid: If you are not submitting a bid but want to remain on the mailing list and receive future bids, complete, sign and return this Bid Acknowledgement and state the reason you are not bidding. 3. Taxes and freight charges: (a) Unless otherwise required and specified in the RFP, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by County, will be paid by the County unless expressly included and itemized in the bid. (c) Amount paid for transportation of property to the County of Alameda is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping papers show the consignee as Alameda County, as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the County of Alameda are exempt from certain Federal excise taxes. The County will furnish an exemption certificate. 4. Award: (a) Unless otherwise specified by the bidder or the RFP gives notice of an all-or-none award, the County may accept any item or group of items of any bid. (b) Bids are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFP. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California. 5. Patent indemnity: Vendors who do business with the County shall hold the County of Alameda, its officers, agents and employees, harmless from liability of an nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order. 6. Samples: Samples of items, when required, shall be furnished free of expense to the County and if not destroyed by test may upon request (made when the sample is furnished), be returned at the bidder’s expense. 7. Rights and remedies of County for default: (a) In the event any item furnished by vendor in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by vendor with its bid, the County may reject the same, and it shall thereupon become the duty of vendor to reclaim and remove the same forthwith, without expense to the County, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should vendor fail, neglect or refuse so to do the County shall thereupon have the right purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor the difference between the prices named in the contract or purchase order and the actual cost thereof to the County. In the event that vendor fails to make prompt delivery as specified for any item, the same conditions as to the rights of the County to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b)Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the vendor. (c) The rights and remedies of the County provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. 8. Discounts: (a) Terms of less than ten (10) days for cash discount will considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFP, or from date correct invoices are received by the County at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the County warrant check. 9. California Government Code Section 4552: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 10. No guarantee or warranty: The County of Alameda makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.

THE undersigned acknowledges receipt of above referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the vendor indicated below, in accordance with the specifications, terms and conditions of this RFP and Bid Acknowledgement.

Firm: Address: State/Zip What advertising source(s) made you aware of this RFP?

By:______Date______Phone______

Printed Name Signed Above:______

Title:______EXHIBIT B COUNTY OF ALAMEDA

RFP No. 900644 for Inmate Commissary BID FORM

COMMISSION RATE

Commission rate on Net Sales shall be submitted on Exhibit B as is. No alterations or changes of any kind are permitted. The bid with the highest estimated grand total for 3 years will receive the highest score in the of evaluation cost.

Description Rate % Year 1 Rate % Year 2 Rate % Year 3 Commission Rate on *Net Sales for Commissary and Vending Machine Products % % % * Net Sales = Total vendor gross sales based on quoted prices on Exhibit B-1 without sales tax.

Totals below should equal the totals for each category in Exhibit B-1

CATEGORY Estimated Total Commission 1. Candy $ 2. Snack Items $ 3. Pastries $ 4. General Merchandise $ 5. Non-Carbonated Drinks $ 6. Bottled Drinks $

Estimated Grand Total for 3 Years (1+2+3+4+5+6) $

Bidder agrees that the commission rate quoted is valid for the three (3) year term of this contract.

COMPANY:______SIGNATURE:______TITLE: ______DATE:______

Exhibit B Page 1 of 1 EXHIBIT B-1 COUNTY OF ALAMEDA

RFP No. 900644 for Inmate Commissary Price Sheet for Candy (1)

Vendor will be required to provide the items below or a reasonable alterative to the inmates. The IWF committee sets the prices. See Exhibit M, letter M, Bid Form, page 4. Use the table at the end of each category to calculate estimated commission amounts. Transfer the table totals to Exhibit B, Bid Form.

Description Weight Current Price Alternatives Alternative Price Candy Description Atomic Fire Balls $ 1.45 $ Baby Ruth 2.31oz $ 1.10 $ Breath savers Roll $ 1.10 $ Butterscotch Discs $ 1.25 $ Coffee Candy 1.5oz $ 1.10 $ Granola Bar 1.5oz $ 1.10 $ Hot Tamales 2.12oz $ 1.10 $ Jolly Rancher Assorted 4oz $ 1.45 $ Lemon Drops 4oz $ 1.30 $ Lifesaver Five Flavor 2.12oz $ 0.70 $ M & M Almonds $ 1.10 $ M & M Peanuts 1.74 oz $ 1.10 $ M & M Plain 1.69oz $ 1.10 $ Milky Way Dark Chocolate 1.76oz $ 1.10 $ Now & Later Classic $ 1.15 $ Red Licorice Vines 4oz $ 1.10 $ Reese's Pieces 3.5oz $ 1.20 $ Root Beer Barrels 4.5oz $ 1.30 $ Snickers 2.07oz $ 1.10 $ Snickers w/almonds 1.76oz $ 1.10 $ Sour Fruit Ball Hard Candy 4.5oz $ 1.20 $ Starbursts Fruit Chew 2.7oz $ 1.10 $ Sugar free Wild Fruit 2oz $ 1.30 $ Three Musketeers 2.13oz $ 1.10 $ Twix Cookie $ 1.10 $ Whoppers (theatre size) 2.75oz $ 1.20 $ Average Candy Price $ 1.14 Vendor may not change any numbers in cells A, B, or C. (A) (B) (C) Estimated (D) Commission Estimated Average Total Sales Commission Amount 1. Candy Quantity Price ( =A x B ) Rate % ( =C x D ) Year 1 91,000 $ 1.14 $ 103,740.00 % $ Year 2 91,000 $ 1.14 $ 103,740.00 % $ Year 3 91,000 $ 1.14 $ 103,740.00 % $

Estimated Total Candy Commission for Three Years $ EXHIBIT B-1

Exhibit B-1 Page 1 of 9 Initial______COUNTY OF ALAMEDA

RFP No. 900644 for Inmate Commissary Price Sheet for Snack Items (2)

Description Weight Current Price Alternatives Alternative Snack Items Description Price BBQ Corn nuts 1.4oz $ 0.78 $ Beef Jerky $ 3.08 $ Beef Sausage hot & spicy 5oz $ 2.08 $ Beef Stick 1oz $ 1.15 $ Cheese-it 1.5oz $ 0.78 $ Cinnamon Roll 4oz $ 1.20 $ Club Crackers 5.25oz $ 2.00 $ Flour Tortilla's 10/ct 16oz $ 1.78 $ Frosted Flake Cereal 1oz $ 0.78 $ Fruit Snacks 2.25oz $ 0.93 $ Garddetto's Snackens 1.75oz $ 0.75 $ Hershey's soft cookie $ 1.25 $ Honey Bun 5.75oz $ 1.15 $ Hot Pepper Cheese Real Cheese 4oz $ 2.58 $ Jalapeno Cheese Spread 1oz $ 0.83 $ Jalapeno Nacho Slices .7oz $ 0.88 $ Kosher Dill Pickle 1oz $ 1.23 $ Louisiana Hot Sauce 6oz $ 1.33 $ Mayonnaise 11.5oz $ 1.98 $ Nacho Cheese Dip 3oz $ 1.78 $ Oatmeal Maple & Brown Sugar 5pk $ 1.88 $ Oatmeal Regular 5pk $ 1.88 $ Oatmeal Strawberry & Cream 5pk $ 1.88 $ O'Brian's Beef Stick 1.125oz $ 0.70 $ Peanut Butter & Jelly Squeezer 2oz $ 1.40 $ Peanut Butter 12oz $ 3.08 $ Picante Sauce 10oz $ 2.28 $ Strawberry Preserves 12oz $ 3.08 $ Trail Mix 2oz $ 0.85 $ Tuna Pouch 3oz $ 1.78 $ Yogurt Apple Nut Mix 2.75oz $ 1.28 $ Cheddar Cheese Puffs $ 1.43 $ BBQ Chips 5oz $ 1.88 $ Bugles Carmel Salt & Sweet $ 0.90 $ Cheese Curls 4.5oz $ 1.43 $ Chili Corn Chips 5oz $ 1.28 $ Chocolate Moon Pie $ 0.98 $ Cool Ranch Doritos 1.75oz $ 0.87 $ Doritos Nacho Chips 1.75oz $ 0.90 $ Guacamole chips 3.5oz $ 1.43 $ Hot Cheese Crunchies 4.5oz $ 1.38 $ Hot Fries 4oz $ 1.38 $ Jalapeno Chips 1.5oz $ 0.98 $ Jalapeno Pretzels Pieces 2oz $ 0.98 $ Pork Cracklin's 2.5oz $ 1.28 $ Exhibit B-1 Page 2 of 9 Initial______Description Weight Current Price Alternatives Alternative Snack Items Description Price Pork Cracklin's Hot N Spicy 2oz $ 1.28 $ Ripple Potato Chips 5oz $ 1.88 $ Spicy Tortilla Chips 5.75oz $ 1.40 $ Cappuccino Cookies 3oz $ 0.98 $ Chocolate Chip Cookies 12oz $ 1.73 $ Grandma's Chocolate Chip Cookies 2.75oz $ 0.98 $ Grandma's Oatmeal Cookies 2.75oz $ 0.98 $ Grandma's Peanut Butter Cookie 2.75oz $ 0.98 $ Lemon Crème Sandwich Cookies 5oz $ 1.08 $ Oatmeal Cookies 12oz $ 1.73 $ Oreo Cookies 4pk 1.8oz $ 0.90 $ Reese's Soft Cookie $ 1.25 $ Vanilla Moon Pie $ 0.98 $ Vanilla Wafers 12oz $ 2.03 $ Oysters 3oz $ 2.82 $ Gold Fish Baked Crackers $ 0.93 $ Tillamook Beef Stick Hot $ 1.25 $ Soy Sauce 6oz $ 1.88 $ Ramen, Shrimp 3oz $ 0.95 $ Ramen, Beef 3oz $ 0.95 $ Ramen, Chicken 3oz $ 0.95 $ Ramen, Chili 3oz $ 0.95 $ Ramen, Oriental 3oz $ 0.95 $ Ramen, Spicy Beef 3oz $ 0.95 $ Refried Beans w/ Jalapeno & Green 4oz $ 1.33 $ Chili Spanish Rice w/cheddar & Jalapeno 2.2oz $ 1.23 $ Chicken Ken Pouch 3oz $ 3.18 $ Mixed Spices Season Salt $ 2.58 $ Bag O Hot Sauce 8pk $ 1.15 $ Bag O Rice 2oz $ 1.18 $ Beef Broth 8pk $ 1.53 $ Beef Stew Pouch 7.5oz $ 2.33 $ Chicken Broth 8pk $ 1.53 $ Crush Chili Pepper 3oz $ 2.08 $ Hot Chili with Beans 7.5oz $ 2.28 $ Average Snack Item Price $ 1.46 Vendor may not change any numbers in cells A, B, or C. (A) (B) (C) Estimated (D) Commission Estimated Average Price Total Sales Commission Amount 2. Snack Items Quantity ( =A x B ) Rate % ( =C x D ) Year 1 75,000 $ 1.46 $ 109,500.00 % $ Year 2 75,000 $ 1.46 $ 109,500.00 % $ Year 3 75,000 $ 1.46 $ 109,500.00 % $

Estimated Total Snack Commission for Three Years $

Exhibit B-1 Page 3 of 9 Initial______EXHIBIT B-1 COUNTY OF ALAMEDA

RFP No. 900644 for Inmate Commissary Price Sheet for Pastries (3)

Alternatives Alternative Description Weight Current Price Description Price Pastries Blueberry Muffin 4oz $ 1.08 $ Chocolate Donut Gems 3oz $ 1.08 $ Double Chocolate Chip Muffin 4oz $ 1.33 $ Frosted Strawberry Pop Tarts 3.6oz $ 1.15 $ Swiss Roll 12oz $ 2.68 $ Bear Claw Danish $ 1.15 $ Average Pastries Price $ 1.41 Vendor may not change any numbers in cells A, B, or C. (A) (B) (C) Estimated (D) Commission Estimated Average Price Total Sales Commission Amount 3. Pastries Quantity ( =A x B ) Rate % ( =C x D ) Year 1 127,000 $ 1.41 $ 179,070.00 % $ Year 2 127,000 $ 1.41 $ 179,070.00 % $ Year 3 127,000 $ 1.41 $ 179,070.00 % $

Estimated Total Pastries Commission for Three Years $

RFP No. 900644 for Inmate Commissary Price Sheet for General Merchandise (4)

Description Weight Current Price Alternatives Alternative Price General Merchandise Description Stationery & Misc Items Ball Point Security Pen $ 0.75 $ Basic Holiday Card $ 1.55 $ Bicycle Poker Cards $ 2.80 $ Bicycle Pinochia Cards $ 2.80 $ Checker Board Game $ 3.75 $ Coloring Pencils $ 1.90 $ Cup 22oz $ 0.95 $ Dictionary Large $ 10.30 $ Dictionary $ 3.05 $ Drawing Tablet 9x12 $ 3.70 $ Envelope 30pk $ 1.45 $ Envelope 9x12 $ 0.70 $ Envelope Legal Stamp 5pk $ 2.70 $ Eraser Beveled Pink $ 0.75 $ Golf Pencil $ 0.30 $ Greeting Card, Birthday $ 1.55 $ Greeting Care, Love & Miss You $ 1.55 $ Shower Shoes size Large (thongs) $ 1.75 $ Shower Shoes size Med (thongs) $ 1.75 $ Shower Shoes size Small (thongs) $ 1.75 $ Shower Shoes size Xlarge (thongs) $ 1.75 $ Stamps book of 20 $ 8.80 $ Writing Tablet 8.5x11 $ 1.55 $ Hand Sanitizers $ 2.95 $ Two Cent Stamps $ 0.20 $ Hygiene Items $ After Shave 4oz $ 2.15 $ Baby Powder 4oz $ 1.75 $ Balsam Protein Conditioner 15oz $ 1.70 $ Balsam Protein Shampoo 15oz $ 1.60 $ Body Lotion Aloe Vera 12oz $ 1.25 $ Brushless Shave Cream 4.4oz $ 3.30 $ Coco Butter Lotion 12oz $ 1.25 $ Colgate Toothpaste 2.7oz $ 2.15 $ Comb, Mini Pick $ 0.80 $

Description Weight Current Price Alternatives Alternative Exhibit B-1 Page 5 of 9 Initial______Description Price Dandruff Shampoo 4oz $ 1.15 $ Denture Adhesive $ 4.80 $ Denture Cleanser 40 tabs $ 2.90 $ Dial Antibacterial Soap 3.1oz $ 1.13 $ Extra Body Shampoo 14oz $ 3.05 $ Hair Food 3.75oz $ 2.00 $ Hair Brush no/handle $ 3.00 $ Handkerchief Single Pk $ 1.55 $ Irish Spring 3.2oz $ 1.40 $ Ivory Soap 4.5oz $ 1.05 $ Laundry Soap 2oz $ 1.25 $ Mennen Speed Stick 2oz $ 2.85 $ Nail Clipper No File $ 0.75 $ Palm Comb $ 0.90 $ Petroleum Jelly 3.5oz $ 1.50 $ Razor $ 0.55 $ Skin Cream 3.5oz $ 1.60 $ Soap Box Hinged Plastic $ 0.90 $ Styling Gel 16oz $ 2.15 $ Sulfur 8oz $ 3.45 $ Toothbrush, Security $ 0.60 $ Tube Socks, White $ 1.45 $ Watch Cap Navy Blue $ 2.70 $ Yarn $ Crochet Hook Size G $ 1.05 $ Yarn, Black $ 2.75 $ Yarn, Gray $ 2.75 $ Yarn, Green $ 2.75 $ Yarn, Lavender $ 2.75 $ Yarn, Navy Blue $ 2.75 $ Yarn, Pink $ 2.75 $ Yarn, Red $ 2.75 $ Yarn, White $ 2.75 $ Yarn, Yellow $ 2.75 $ For Women Only $ Eyebrow Pencil Black $ 1.70 $ Foam Roller Cushions $ 2.10 $ Lady Speed Stick 1.5oz $ 3.15 $ Lipstick Fuchsia Pink $ 1.61 $ Lipstick Wine $ 1.61 $ Mascara, Black $ 5.50 $ Panty Liners 20pk $ 2.80 $ Sports Bra size 32 $ 9.30 $ Sports Bra size 34 $ 9.30 $ Sports Bra size 40 $ 9.30 $ Sports Bra size 42 $ 10.80 $ Sports Bra size 44 $ 10.80 $ Sports Bra size 46 $ 10.80 $ Panty, White size 5 $ 2.60 $ Panty, White size 6 $ 2.60 $ Panty, White size 7 $ 2.60 $ Alternatives Alternative Description Weight Current Price Description Price Panty, White size 8 $ 2.60 $ Panty, White size 9 $ 2.60 $ Panty, White size 14 $ 3.25 $ Exhibit B-1 Page 6 of 9 Initial______Medication $ Antifungal Cream .5oz $ 2.85 $ Chap-Et Lip Balm .16oz $ 0.98 $ Hydrocortisone Cream .16oz $ 3.85 $ Ibuprofen 16 tabs $ 2.60 $ Multiple Vitamins Pak $ 0.65 $ Foot Powder 4oz $ 5.75 $ Nasal Decongestant 16 tabs $ 2.10 $ Halls Mentholyptus $ 0.90 $ Tylenol Extra Strength 10 tabs $ 2.10 $ Antacid Tablets $ 0.95 $ Band-Aids 16 pk $ 1.10 $ Acne Treatment $ 2.75 $ Cough Drops $ 0.85 $ Laxative 4 pk $ 2.35 $ Multivitamins $ 3.65 $ Reading Glasses $ Reading Glasses Strength 1.0 $ 7.55 $ Reading Glasses Strength 1.25 $ 7.55 $ Reading Glasses Strength 1.50 $ 7.55 $ Reading Glasses Strength 1.75 $ 7.55 $ Reading Glasses Strength 2.0 $ 7.55 $ Reading Glasses Strength 2.5 $ 7.55 $ Reading Glasses Strength 3.0 $ 7.55 $ Average General Merchandise Price $ 3.03 Vendor may not change any numbers in cells A, B, or C. (A) (B) (C) Estimated (D) Commission 4. General Estimated Average Price Total Sales Commission Amount Merchandise Quantity ( =A x B ) Rate % ( =C x D ) Year 1 152,000 $ 3.03 $ 460,560.00 % $ Year 2 152,000 $ 3.03 $ 460,560.00 % $ Year 3 152,000 $ 3.03 $ 460,560.00 % $

Estimated Total General Merchandise Commission for Three Years

EXHIBIT B-1

Exhibit B-1 Page 7 of 9 Initial______COUNTY OF ALAMEDA

RFP No. 900644 for Inmate Commissary Price Sheet for Non-Carbonated Drinks (5)

Alternatives Alternative Description Weight Current Price Description Price Non-Carbonated Drinks $ Cappuccino 5.12oz $ 1.83 $ Cocoa Joe 5oz $ 3.93 $ Decaffeinated Coffee 3oz $ 3.23 $ Freeze Dried Coffee 3oz $ 3.23 $ French Vanilla Coffee 3oz $ 3.93 $ Fruit Drink Mix 6oz $ 1.63 $ Grape Drink 6oz $ 1.63 $ Hot Chocolate 5oz $ 1.63 $ Iced Tea Drink Mix 6oz $ 1.63 $ Lemonade Drink Mix 6oz $ 1.63 $ Orange Drink Mix 6oz $ 1.63 $ Peach Drink 6oz $ 1.63 $ Artificial Sweetener 10pk $ 0.58 $ Average Price Non-Carbonated Drinks $ 2.16 Vendor may not change any numbers in cells A, B, or C. 5. Non- (A) (B) (C) Estimated (D) Commission Carbonated Estimated Average Price Total Sales Commission Amount Drinks Quantity ( =A x B ) Rate % ( =C x D ) Year 1 17,000 $ 2.16 $ 36,720.00 % $ Year 2 17,000 $ 2.16 $ 36,720.00 % $ Year 3 17,000 $ 2.16 $ 36,720.00 % $

Estimated Total Non-Carbonated Drinks Commission for Three Years

RFP No. 900644 for Inmate Commissary Price Sheet for Carbonated Bottled Drinks (6)

Alternatives Alternative Description Weight Current Price Description Price

Carbonated Bottle Drinks Sierra Mist $ 1.50 $ Pepsi $ 1.50 $ Mug Root beer $ 1.50 $ Aquafina $ 1.50 $ Mountain Dew $ 1.50 $ Dr. Pepper $ 1.50 $ Average Price Carbonated Bottled Drinks $ 1.50 Vendor may not change any numbers in cells A, B, or C. (A) (B) (C) Estimated (D) Commission Estimated Average Price Total Sales Commission Amount 6. Bottle Drinks Quantity ( =A x B ) Rate % ( =C x D ) Year 1 180,000 $ 1.50 $ 270,000.00 % $ Year 2 180,000 $ 1.50 $ 270,000.00 % $ Year 3 180,000 $ 1.50 $ 270,000.00 % $

Estimated Total Carbonated Bottled Drinks Commission for Three Years $

Bidder agrees that the price(s) quoted are the maximum they will charge during the term of any contract awarded. FIRM: ______SIGNATURE:______DATE:______

PRINTED NAME: ______TITLE:______

Exhibit B-1 Page 9 of 9 Initial______EXHIBIT C

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following insurance coverage, limits and endorsements: TYPE OF INSURANCE COVERAGES MINIMUM LIMITS A Commercial General Liability $1,000,000 per occurrence (CSL) Premises Liability; Products and Completed Operations; Bodily Injury and Property Damage Contractual Liability; Personal Injury and Advertising Liability B Commercial or Business Automobile Liability $1,000,000 per occurrence (CSL) All owned vehicles, hired or leased vehicles, non-owned, Any Auto borrowed and permissive uses. Personal Automobile Bodily Injury and Property Damage Liability is acceptable for individual contractors with no transportation or hauling related activities C Workers’ Compensation (WC) and Employers WC: Statutory Limits Liability (EL) EL: $100,000 per accident for bodily injury or Required for all contractors with employees disease D Endorsements and Conditions : 1. ADDITIONAL INSURED: All insurance required above with the exception of Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and representatives. 2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement. 3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additional Insured(s). Pursuant to the provisions of this Agreement, insurance effected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to indemnify and defend the Indemnified Parties. 4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a A.M. Best Rating of no less than A:VII or equivalent, shall be admitted to the State of California unless otherwise waived by Risk Management, and with deductible amounts acceptable to the County. Acceptance of Contractor’s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. 5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by any one of the following methods: – Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured (covered party), or at minimum named as an “Additional Insured” on the other’s policies. – Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured. 7. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation. 8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent to: - Department/Agency issuing the contract - With a copy to Risk Management Unit (125 – 12th Street, 3rd Floor, Oakland, CA 94607) Certificate C-1 Page 1 of 1 Form 2001-1 (Rev. 03/15/06) EXHIBIT D-1 COUNTY OF ALAMEDA

CURRENT REFERENCES

Company Name: Address: City, State, Zip Code: Contact Person: Telephone Number: E Mail: Service Provided: Dates/Type of Service:

Company Name:

Exhibit D Page 1 of 2 EXHIBIT D-2 COUNTY OF ALAMEDA

FORMER REFERENCES

Company Name: Address: City, State, Zip Code: Contact Person: Telephone Number: E Mail: Service Provided: Dates/Type of Service:

Company Name:

Exhibit D Page 2 of 2 Exhibit E Small, Local And Emerging Business (SLEB) Program Certification Instructions RFP No. 900644 for Inmate Commissary

3 Easy 1. Complete the appropriate Stepsapplication form for New or Renewal Certification:

Current or previously certified businesses must complete the Renewal Certification Application on Page 4 of 4.

To apply for a New Certification, complete the application form in Pages 2 and 3 of 4.

Program Definitions Local Business: A business having a fixed office with a street address in Alameda County for a minimum period of 6 months and a valid business license issued by the County or a City within Alameda County

Small Business: A business which has been certified by the County as local and meets the U.S. Business Administration (SBA) size standards for its classification. Size standards and classification codes information available at http://www.naics.com/search.htm

Emerging Business: A business which has been certified by the County as local and meets one half of the U.S. SBA size standards for its classification and has been in business less than 5 years.

If you own less than 51% interest in your business, please indicate other owner(s) name(s), title(s) and percentage of ownership. List all current business and professional licenses. If you have been in business for less than three years, please provide your actual gross receipts received for the period that you have been in business. If you have not been in business for a complete tax year, please provide actual gross receipts to date. If any item on the application form is not applicable, please put “N/A” in the designated area. If additional space is needed, please attach additional sheet(s).

2. Please sign* and mail Application to:

Alameda County Auditor-Controller Agency Office of Contract Compliance 1221 Oak Street, Room 249 Oakland, CA 94612

*The application form must be signed by the owner, principal partner or authorized officer of the corporation. We will contact you within 10 days to schedule a site visit upon receipt of your application.

3. On-site Visit

The following items must be available for our review during the visit to your business address:

 Signed Federal Tax Returns showing Gross Business Receipts for the last 3 years**  Business Licenses  Current Identification (i.e. Driver’s License, Identification Card)  Deed, Rental or Lease Agreement showing Business Address

**Personal Net Worth Statement (if the business has never filed taxes)

Exhibit E, Page 1 of 4 (Revision 3-03-09) Exhibit E Small, Local And Emerging Business (SLEB) Program Certification Instructions RFP No. 900644 for Inmate Commissary

If you have questions regarding your certification, please contact the Office of Contract Compliance Telephone: (510) 891-5500 Email: [email protected]

Exhibit E, Page 2 of 4 (Revision 3-03-09) Exhibit E Small Local Emerging Business (SLEB) Program New Certification Application RFP No. 900644 for Inmate Commissary

E a s t B a y I n t e r a g e n c y A l l i a n c e ( E B I A )

C O M M O N A P P L I C A T I O N f o r L O C A L C E R T I F I C A T I O N Alameda County – Alameda County Transportation Improvement Authority – City of Oakland – Port of Oakland

Insert RFP number and response due date below:  Alameda County RFP# ______900644______RFP Response Due Date: ______

Check additional certifying agencies below that you would like your application to be forwarded to:  Alameda County Transportation Improvement Authority  City of Oakland  Port of Oakland  All the above

The Common Application is a sharing of information between agencies and NOT a reciprocal certification.

1) Contact Information Legal Name of Entity Contact Person (Name & Title)

Street Address of Entity (No P.O. Box)

City State Zip Code County

Telephone Fax # Cell# ( ) ( ) ( ) Email Address Web Site

2) Company Profile Primary Service undertaken/offered: Specialty Service undertaken/offered:

Date Entity was established (mm/dd/yr) Does the entity have one or more additional offices outside Date Oakland office was established the city of Oakland, CA?  Y  N (mm/dd/yr) If yes, list other location(s)

Method of Acquisition  New  Purchased existing  Secured concession Federal ID Number:  Merger or consolidation  Inherited  Other (explain) Has this entity operated under a different name during the past five years? 

Type of Firm Ethnicity Group of owners(s) that own greater than 50% of the  Sole Proprietorship business. (for tracking purposes only)  Joint Venture  African American  Hispanic  Partnership  Asian  Native American  Corporation  Asian Pacific /Hawaiian  Multi ethnic ownership  Limited Liability Partnership  Asian Indian  Multi ethnic minority  Limited Liability Corporation  Caucasian ownership  Publicly traded entity  Filipino  Other ______ Non-Profit or Church  Other ______Gender (for tracking purposes only)  Male  Female Gross Receipts for the last three recent fiscal years: Year Ended______Total Receipts $______Please attach copies of appropriate tax Year Ended______Total Receipts $______returns: (e.g. Form 990, Form 1040, Form Year Ended______Total Receipts $______1120, etc)

Exhibit E, Page 3 of 4 (Revision 3-03-09) 2) Company Profile: (Continue) Number of Employees at the local office Seasonal Full Time ____ Permanent Full time ____ Temporary Full Time ____ Seasonal Part Time ____ Temporary Part Time ____ Permanent Part time ____

TOTAL Number of Employees at all locations. Temporary Full Time ____ Seasonal Full Time ____ Permanent Full time ____ Temporary Part Time ____ Seasonal Part Time ____ Permanent Part time ____

3) Certifications: Expiration Name of Issuing Authority Type Number Date City / County Business Tax Certificate Internal Revenue Service (required) – If your firm is a Non-Profit, submit the Letter of Determination of Not For Profit Status. State of CA /CUCP Certification for DBE/ACDBE firm State of CA /SBA Certification for Small firm Other Certification Other Certification Other Certification

4) Professional Licenses, Permits and/or Certificates (e.g. contractor, architect, engineer, etc. – list all that apply - attach copies. List on a separate page if additional space is needed) Expiration Name of Issuing Authority Type Number Date State of CA Contractor’s License Board – Contractor’s License: State of CA Professional Service License or Permit: State of CA Service Provider License or Permit: Other: Other:

5) NAICS Codes: Please review the NAICS1 listing of work codes and indicate below your areas of expertise ranked in order of importance (begin with primary and specialty areas as indicated in the Company Profile section) NAICS Codes can be found at: http://www.naics.com/search.htm & http://www.census.gov/epcd/naics02/. Add separate sheet for additional NAICS codes if needed.

NAICS Code Description of Work

6) Additional Information: Are you a Trucking Firm?  Yes  No Are you a Truck Broker?  Yes  No Both?  Yes  No A supplier?  Yes  No

7) I consent to the sharing of information contained herein with the certifying agencies I have checked on Page 1, and declare under penalty of perjury that all statements made in this Application are true and correct :  Yes  No

Signature: ______Date:______

Printed Name: ______

1 North American Industry Classification System – www.naics.com

Exhibit E, Page 4 of 4 (Revision 3-03-09) Exhibit E Small Local Emerging Business (SLEB) Program Re-Certification Application RFP No. 900644 for Inmate Commissary

SLEB Certification Number: ______Date of Initial Certification: ______

Business Name:

Business Address:

How long at this address: ______Business Telephone Number: ______

Federal Tax Identification Number: ______Business Fax Number:______

Main Contact Name:

Phone Number: Email Address:

Ownership changed since last certification: Yes No Number of Employees:______

Gross Business Receipts for Last Three Years:

$______20____ $ ______20____ $______20____

Composition of Ownership Are you a publicly traded entity, a public school, or a government? Yes No Are you a non-profit, or a church? Yes No If “Yes” to one of the above, skip Ethnicity and Gender below. The Collection of ethnicity and gender data is for statistical and demographic purposes only. Please check the ONE most applicable in each category:

Ethnicity African American or Black (greater than 50%) Hispanic or Latino (greater than 50%) American Indian or Alaskan Native (greater than 50%) Native Hawaiian/Pacific Islander (greater than 50%) Asian (greater than 50%) Multi-ethnic minority ownership (greater than 50%) Caucasian or White (greater than 50%) Multi-ethnic ownership (50% Minority–50% Non-Minority) Filipino (greater than 50%)

Gender Female (greater than 50% Ownership) Male (greater than 50% Ownership

North America Industry Classification System Codes (NAICS )

______

______RENEWAL AFFIDAVIT

I declare, under penalty of perjury all of the foregoing statements are true and correct.

Signature: ______Date: ______

Printed Name: ______

Title (Proprietor, Partner, Officer, etc.): ______

Exhibit E, Page 5 of 4 (Revision 3-03-09) EXHIBIT F SMALL LOCAL EMERGING BUSINESS (SLEB) PARTNERING INFORMATION SHEET COUNTY OF ALAMEDA RFP No. 900644 for Inmate Commissary

In order to meet the small local emerging business (SLEB) requirements of this RFP, all bidders must complete this form as required below.

Bidders not meeting the definition of a SLEB (as stated in this RFP County Provisions) are required to subcontract with a SLEB for at least twenty percent (20%) of the total estimated bid amount in order to be considered for contract award. This form must be submitted for each business that bidders will work with, as evidence of a firm contractual commitment to meeting the SLEB participation goal. (Copy this form as needed.)

Bidders are encouraged to form a partnership with a SLEB that can participate directly with this contract. One of the benefits of the partnership will be economic, but this partnership will also assist the SLEB to grow and build the capacity to eventually bid as a prime on their own.

Once a contract has been awarded, bidders will not be able to substitute the partner without prior written approval from the Auditor-Controller, Office of Contract Compliance (OCC). The OCC will monitor the contract for compliance with the SLEB requirements.

BIDDER (CONTRACTOR) NAME:______

 is Certified SLEB #______through ___/___/___ (certification expiration date)

 BIDDER is not a SLEB and will subcontract ______% with the SLEB named below for the following service(s): ______

SLEB Subcontractor Business Name: ______

Street Address: ______

City, State, Zip: ______

Phone: ______Fax:______E- mail:______

Tax ID Number: ______SLEB Certification Number:______

SLEB Certification Status (Small or Emerging) ______SLEB Certification Expiration Date: ___/___/___

Principal Name: ______Revision 3-5-09 SLEB Principal Signature: ______Date:______

Bidder Signature: ______Date:______

Revision 3-5-09 EXHIBIT G COUNTY OF ALAMEDA

RFP No. 900644 for Inmate Commissary REQUEST FOR PREFERENCE for LOCAL BUSINESS and SMALL AND LOCAL OR EMERGING AND LOCAL BUSINESS IF YOU WOULD LIKE TO REQUEST THE LOCAL BUSINESS, SMALL AND LOCAL BUSINESS, OR EMERGING AND LOCAL BUSINESS PREFERENCE, COMPLETE THIS FORM AND RETURN IT WITH YOUR BID. IN ADDITION, IF APPLYING FOR LOCAL PREFERENCE, SUBMIT THE FOLLOWING:  Copy of a verifiable business license, issued by the County of Alameda or a City within the County; and  Proof of six (6) month business residency, identifying the name of the vendor and the local address: utility bills, deed of trust or lease agreement. A five-percent (5%) preference will be granted to Alameda County products or vendors on all sealed bids on contracts except with respect to those contracts which State law requires be granted to the lowest responsible bidder. An Alameda County vendor is a firm or dealer with fixed offices and having a street address within the County for at least six (6) months prior to the date upon which a request for sealed bids or proposals is issued; and which holds a valid business license issued by the County or a city with the County. Alameda County products are those which are grown, mined, fabricated, manufactured, processed or produced within the County. In addition, a five percent (5%) preference, for a total bid preference of ten percent (10%), shall be granted (except as noted above) if the bidder is certified by the County as either a small and local or an emerging and local business. Check the appropriate (2 maximum) boxes and provide the requested information below. Request for 5% local preference Request for 5% small and local preference OR Request for 5% emerging and local preference

Company Name:

Street Address:

Telephone Number:

Business License Number: The Undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date: EXHIBIT H COUNTY OF ALAMEDA

RFP No. 900644 for Inmate Commissary ALAMEDA COUNTY VENDOR FIRST SOURCE AGREEMENT VENDOR INFORMATION ALCOLINK Vendor Number (if known): 00000 SLEB Vendor Number: Full Legal Name: DBA Type of Entity: Individual Sole Proprietor Partnership Corporation Tax-Exempted Government or Trust Check the boxes that apply: Goods Only Goods & Services Rents/Leases Legal Services Rents/Leases paid to you as the agent Medical Services Non-Medical Services – Describe Other

Federal Tax ID Number (required): P.O. Box/Street Address:

Vendor Contact’s Name: Vendor Contact’s Telephone: Fax: Vendor Contact’s E-mail address: Please check all that apply: LOC Local Vendor (Holds business license within Alameda County) SML Small Business (as defined by Small Business Administration) I American Indian or Alaskan Native (>50%) A Asian (>50%) B Black or African American (>50%) F Filipino (>50%) H Hispanic or Latino (>50%) N Native Hawaiian or other Pacific Islander (>50%) W White (>50%) Number of Entry Level Positions available through the life of the contract:______Number of other positions available through the life of the contact:______

This information to be completed by County: Contract #______Contract Amount: ______Contract Term: ______EXHIBIT H COUNTY OF ALAMEDA

RFP No. 900644 for Inmate Commissary ALAMEDA COUNTY VENDOR FIRST SOURCE AGREEMENT VENDOR INFORMATION

Vendor agrees to provide Alameda County (through East Bay Works and Social Services Agency), ten (10) working days to refer to Vendor, potential candidates to be considered by Vendor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County, that Vendor has available during the life of the contract before advertising to the general public. Vendor will also provide the County with specific job requirements for new or vacant positions. Vendor agrees to use its best efforts to fill its employment vacancies with candidates referred by County, but final decision of whether or not to offer employment, and the terms and conditions thereof, to the candidate(s) rest solely within the discretion of the Vendor.

Alameda County (through East Bay Works and Social Services Agency) agrees to only refer pre- screened qualified applicants, based on vendor specifications, to vendor for interviews for prospective employment by Vendor (see Incentives for Vendor Participation under Vendor/First Source Program located on the Small Local Emerging Business (SLEB) Website, http://www.co.alameda.ca.us/gsa/sleb/vendor.shtml

If compliance with the First Source Program will interfere with Vendor’s pre-existing labor agreements, recruiting practices, or will otherwise obstruct Vendor’s ability to carry out the terms of the contract, Vendor will provide to the County a written justification of non-compliance in the space provided below.

(Company Name) ______(Vendor Signature) (Date)

______(East Bay Works / One-Stop Representative Signature) (Date)

Justification of Non-Compliance: ______

______EXHIBIT I COUNTY OF ALAMEDA

RFP No. 900644 for Inmate Commissary Exceptions, Clarifications, Amendments

List below requests for clarifications, exceptions and amendments, if any, to the RFP and its exhibits, and submit with your bid response.

The County is under no obligation to accept any exceptions and such exceptions may be a basis for bid disqualification.

Item Reference To: No. Page No. Paragraph Description No.

______Bidder Name Bidder Signature Date EXHIBIT K COUNTY OF ALAMEDA

RFP No. 900644 For Inmate Commissary ENVIRONMENTAL CERTIFICATION

The bidder certifies under penalty of perjury the following:

 The products we are proposing to supply are not manufactured with and do not contain, use, or generate PBTs as defined in Acronym and Term Glossary of this RFP.

 Our company, and any product provided to the County as part of this contract, is in compliance with all local, state, and federal environmental and worker health and safety regulations that apply to their operation.

The bidder shall provide the following with its response:

A brief description of planned efforts to minimize the amount of packaging and shipping materials and a description of the post-consumer recycled content of those materials:

Print Name/Title: ______

Company Name: ______

Signature: ______

Date: ______RFP No. 900644

EXHIBIT L RFP VENDOR BID LIST

Below is the Vendor Bid List for this project consisting of vendors who have responded to RFI No. 900644, and/or been issued a copy of this RFP. This Vendor Bid List is being provided for informational purposes to assist bidders in making contact with other businesses as needed to develop local small and emerging business subcontracting relationships to meet the requirements of the Small Local Emerging Business (SLEB) Program (described within this RFP). For additional information regarding the SLEB Program, please visit our website at http://www.acgov.org/auditor/sleb/ and/or contact the Auditor- Controller’s Office of Contract Compliance (OCC) located at 1221 Oak St., Rm. 249, Oakland, CA 94612 at Tel: (510) 891-5500, Fax: (510) 272-6502 or via E-mail at [email protected]

Potential bidders are strongly encouraged, but not required, to attend the Networking/Bidders Conferences in order to further facilitate subcontracting relationships. Vendors who attend the Networking/Bidders Conferences will be added to the Vendor Bid List. Please see the RFP sections entitled ‘Calendar of Events’ and ‘Networking/Bidders Conferences’ for additional information. The Networking/Bidders Conferences scheduled for all current projects are posted on the GSA Calendar of Events website at http://www.acgov.org/calendar_app/DisplayListServlet?site=Internet&ag=GSA&ty=PUR. An RFP Addendum will be issued to all vendors on the Vendor Bid List following the Networking/Bidders Conferences and will include contact information for each vendor attendee.

RFP No. 900644 - Inmate Commissary Business Name Contact Name Phone Address City St Email (936)321- troy.trice@compass- Canteen Correctional Troy Trice PO Box 132483 The Woodlands TX 6841 usa.com ARAMARK Correctional (972) 922- caspari- Brian Caspari 1101 Market Street Philadelphia PA Services 0034 [email protected] (800) 890- 55 Vista Blvd. Ste [email protected] Keefe Comimissary Kristine Johnson Sparks NV 5206 101 om Terry Wells- (209) 747- CB Enterprises 2208 Pine Street Ceres CA [email protected] Brown 0481 (817) 838- 580 North Beach Mid-States Services Laura Mellci Fort Worth TX [email protected] 8600 Street Maryam (909) 466- Rancho regalgreetings@sbcglob Regal Greetings & Gifts PO Box 4311 CA Rahbari 7071 Cucamonga al.net EXHIBIT M

RFP No. 900644 for Inmate Commissary RESPONSE CONTENT AND SUBMITTALS COMPLETENESS CHECKLIST

1. Bid responses must be signed in ink and include evidence that the person or persons signing the proposal is/are authorized to execute the proposal on behalf of the bidder.

2. Bidders shall provide all of the below noted Bid documentation and exhibits. Any material deviation from these requirements may be cause for rejection of the proposal, as determined in the County’s sole discretion. The content and sequence for each required Bid document/exhibit shall be as follows:

CHECK LIST

 A. Title Page: Show RFP number and title, your company name and address, name of the contact person (for all matters regarding the RFP response), telephone number and proposal date.

 B. Table of Contents: Bid responses shall include a table of contents listing the individual sections of the proposal and their corresponding page numbers. Tabs should separate each of the individual sections.

 C. Cover Letter: Bid responses shall include a cover letter describing Bidder and include all of the following:

1) The official name of Bidder;

2) Bidder’s organizational structure (e.g. corporation, partnership, limited liability company, etc.);

3) The jurisdiction in which Bidder is organized and the date of such organization;

4) The address of Bidder’s headquarters, any local office involved in the Bid Proposal; and the address/location where the actual production of goods and/or services will be performed;

5) Bidder’s Federal Tax Identification Number;

6) The name, address, telephone, fax numbers and e-mail address of the person(s) who will serve as the contact(s) to the County, with regards to the

Exhibit M Page 1 of 5 RFP response, with authorization to make representations on behalf of and to bind Bidder;

7) A representation that Bidder is in good standing in the State of California and will have all necessary licenses, permits, certifications, approvals and authorizations necessary in order to perform all of its obligations in connection with this RFP. This requirement includes the necessity for some out of state companies to be registered with the State of California by the effective date of the agreement. Information regarding this requirement can be located at the Secretary of State website, http://www.sos.ca.gov/.; and

8) An acceptance of all conditions and requirements contained in this RFP.

9) Cover letter must be signed in ink by a person or persons authorized to execute the proposal on behalf of the bidder.

 D. Letter of Transmittal: Bid responses shall include a description of Bidder’s approach in providing its goods and/or services to the County in one or two pages stating its understanding of the work to be done and a positive commitment to perform the work as specified.

 E. Executive Summary: A brief synopsis of the highlights of the Proposal and overall benefits of the Proposal to the County. This synopsis should not exceed three (3) pages in length and should be easily understood.

 F. Bidder’s Qualifications and Experience:

Provide a description of Bidder’s capabilities pertaining to this RFP. This description should not exceed five (5) pages and should include a detailed summary of Bidder’s experience relative to RFP requirements described herein, including references.

 G. Financial Statements. Responses are to include:

. Bidder’s most recent Dun & Bradstreet Supplier Evaluation Report. For information on how to obtain a Supplier Evaluation Report, contact Dun & Bradstreet at 1-866-719-7158 or www.dnb.com.

 H. Key Personnel - Qualifications and Experience:

Bid responses shall include a complete list of and resumes for all key personnel associated with the RFP. This list must include all key personnel who will provide services/training to County staff and all key personnel who will provide maintenance and support services. For each person on the list, the following information shall be included: (1) the person’s relationship with Bidder, including job title and years of employment with Bidder; (2) the role that the person will play in connection with the RFP (3) address, telephone, fax numbers, and e-mail address; Exhibit M Page 2 of 5 (4) the person’s educational background; (5) the person’s relevant experience; and (6) relevant awards, certificates or other achievements. This section of the bid response should include no more than two pages of information for each listed person.

 I. Description of the Proposed Equipment/System:

Bid response shall include a description of the proposed equipment/system, as it will be finally configured during the term of the contract. The description shall specify how the proposed equipment/system will meet or exceed the requirements of the County and shall explain any advantages that this proposed equipment/system would have over other possible equipment/systems. The description shall include any disadvantages or limitations that the County should be aware of in evaluating the proposal. Finally, the description shall describe all product warranties provided by Bidder.

 J. Description of the Proposed Services:

Bid response shall include a description of the terms and conditions of services to be provided during the contract term including response times. The description shall contain a basis of estimate for services. The description shall identify spare or replacement parts that will be required in performing maintenance services, the anticipated location(s) of such spare parts, and how quickly such parts shall be available for repairs. Finally, the description must: (1) specify how the services in the bid response will meet or exceed the requirements of the County; (2) explain any special resources, procedures or approaches that make the services of Bidder particularly advantageous to the County; and (3) identify any limitations or restrictions of Bidder in providing the services that the County should be aware of in evaluating its Response to this RFP.

 K. Implementation Plan and Schedule:

1) Vending machines/commissary services: The bid response shall include an implementation plan and schedule. The plan shall include a detailed schedule indicating how bidder will ensure adherence to the requirements set forth herein for the final installation of vending machines, accounting equipment, and commissary services.

2) Recycling plan and proposal: In addition, contractor shall include in the proposal a plan on how they intend to implement recyclable collections, processing, and product take back procedures for all vending machines recyclable materials and post consumer products generated in the ACSO detention and corrections facilities.

 L. References, Exhibit D1 and D2:

1) Bidders are to provide a list of five (5) current and five (5) former clients on Exhibit D1 and D2, attached hereto. References must be satisfactory as Exhibit M Page 3 of 5 deemed solely by County. References should have similar scope, volume, and requirements to those outlined in these specifications, terms, and conditions.

2) Reference information is to include:

. Company/Agency name . Contact person (name and title), contact person is to be someone directly involved with the services . Complete street address . Telephone number . Type of business . Dates of service

3) The County may contact some or all of the references provided in order to determine Bidder’s performance record on work similar to that described in this request. The County reserves the right to contact references other than those provided in the Response and to use the information gained from them in the evaluation process.

 M. Bid Form, Exhibit B and B-1:

The bid form will state the commission rate offered by contractor from the sale of inmate commissary and vending machine products. Commission shall be valid for the term of the contract pursuant to this RFP.

Pricing is provided on Exhibit B-1 for evaluation process. The IWF committee sets all sale prices. If items in the list are not available or if bidder does not agree to these prices, bidder may propose an alternate equivalent of the item and include package size, brand name, and price of each alternate product to be supplied.

 N. Evidence of Insurance

Certificates of insurance are required per the attached Exhibit C from a reputable insurer evidencing all coverages required for the term of any contract that may be awarded pursuant to this RFP. The County’s insurance requirements for Additional Insured reads, “All insurance required above with the exception… shall be endorsed to name as additional insured…”An endorsement is an amendment to a contract, such as an insurance policy, by which the original terms are changed. The insurance certificate (also known as the “Acord”) carries a disclaimer, “This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policy below.” Additional insureds listed in the description box are not a proper risk transfer. Any amendment or extension of the coverage such as an additional insured should be provided by a separate endorsement page or copy of the policy.

Exhibit M Page 4 of 5  O. Other required Submittals/Exhibits not included above that are required in the bid response:

 Exhibit A, Acknowledgement form for the RFP and for each Addendum, must be signed and returned.  Exhibit E, SLEB Certification Application Package, completed, signed, required documentation attached (applicable to a small or emerging business, located within the boundaries of Alameda County, seeking certification or renewal certification).  Exhibit F, Small Local Emerging Business (SLEB) Subcontracting Information Sheet, must be completed and signed.  Exhibit G, Request for Preference for Local Business and Small Local or Emerging Local Business, completed and signed (read Exhibit G for applicability). If applying for local preference, submit the following:  Copy of a verifiable business license, issued by the County of Alameda or a City within the County; and  Proof of six (6) month business residency, identifying the name of the vendor and the local address: utility bills, deed of trust or lease agreement.  Exhibit H, First Source Agreement, must be completed and signed (applicable to contracts over $100,000).  Exhibit I, Exceptions, Clarifications and Amendments Form, must be completed and signed. Any exceptions, clarifications and amendments should also address the attached Exhibits (The County is under no obligation to accept any exceptions and such exceptions may be a basis for bid disqualification).  Exhibit K, Environmental Certification.  Exhibit N, Debarment and Suspension Certification.

Exhibit M Page 5 of 5 EXHIBIT N COUNTY OF ALAMEDA

RFP No. 900644 for Inmate Commissary DEBARMENT AND SUSPENSION CERTIFICATION For Procurements Over $25,000

The bidder, under penalty of perjury, certifies that, except as noted below, bidder, its Principal, and any named and unnamed subcontractor:

 Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;  Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;  Does not have a proposed debarment pending; and  Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

BIDDER: ______

PRINCIPAL: ______TITLE: ______

SIGNATURE: ______DATE: ______

Exhibit N