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The contract between JPAY and the state Department of Corrections and Community Supervision will provide 52,000 inmates tablets free of charge to the taxpayer.
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100%(2)100% found this document useful (2 votes)
23K views325 pagesC161422 Jpay
The contract between JPAY and the state Department of Corrections and Community Supervision will provide 52,000 inmates tablets free of charge to the taxpayer.
Uploaded by
PatLohmannCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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STATE OF NEW YORK
OFFICE OF THE STATE COMPTROLLER
Bureau of Contracts, Floor 11-1
110 State Street
Albany, New York 12236
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8/7/2017 THOMAS P. DINAPOL! 110 STATE STREET
STATE COMPTROLLER ALBANY, NEW YORK 12236
STATE OF NEW YORK
‘OFFICE OF THE STATE COMPTROLLER
BUREAU OF CONTRACTS
CONTRACTIPURCHASE ORDER
NOTICE OF NON-APPROVAL,
Business Unit: SHARE -Depl of Corrcins_Cmmaty Sprvsn Amount: —~$0.00
Po/Contract Number: —9900000000000000000028803 Dept io: 3280226
Vendor Name: PAY INC Audit Seq #: 0
Audit ID: oco1-6161422-2250226 Version #1
‘We have made our determination with respect to out review under Section 112 of State Finance Law or Section
2879-a of Public Authorities law, of this proposed contract transaction, as submitied. We have made the
‘determination to retum this proposed contract transaction non-approved for the following reason(s)
Reason Explanations and Comments
Miscellaneous 'STS/AC340-S contract amount incorrect
‘Supplemental Documentation Vendor Responsibility documents defeientinot provided
Primary Contact ‘Secondary Contact
Reviower: MICHELLE Y KO Supervisor: MICHELLE Y KO
Phone #: 518/473-2401 Phone #: 818/473-2401
Email: mko@ose.state.ny.us Email mho@ose stato.ny.us
Fax#: 184748030 Fax: 15184748080
Date: ovoarz017
ATTENTION AGENCY:
{fa transaction is resubmitted o the State Compiroller's Office for review, ha transaction must be re-entered by your
agency on the Statewide Financial System. A copy ofthis notice of Non-Approval should be subrntted withthe new
lransaction.For new contract, the fal OOGGUOODOSUODIOOUOSEEBSS Version #7
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WASHINGTON, MARIEJOSEE 43.6186 X3IY0
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eh imOSSuASGIRIPSTIQTSNDEq UeSEXiymKTostaWwW.. 62002017 TABLE OF CONTENTS
JPay, Inc.
Contract # C161422
Tab 1 ~ Single Transaction Summary (STS)
‘Tab 2 OSC Transmittal Cover Letter / Recommendation of Award
Tab 3 - Vendor Responsibility
= VR Profile
* OSC Governmental Entity Representation Form
+ Procurement Lobbying Law (Affirmation, Certification, Disclosure, & Termination Language)
* Certificate of Attestation of Exemption from NYS Workers’ Compensation
and Disability Benefits Insurance Coverage
Tab 4 — Original Copy of the Contract
+ Appendix A ~ Standard Clauses for New York State Contracts
© Appendix B ~ Statement of Work between DOCCS
+ Appendix C ~ MWBE & EEO Information
‘+ Appendix D ~ Originating Contract, RFP/Contract #1901 including Amendments
* Appendix E ~ Contractor's Pricing
+ Vendor Assurance of No Conflict of Interest or Detrimental Effect Form
Tab 5 - Three Additional Signature Pages
Tab 6 - Procurement Record
+ OGS Contract Use Request Form Approval
‘* Procurement Record Checklist
* Price Justification / Explanation of Vendor Selection
Tab 7 — Protests
+ None & PY corrections Sarvices Statement of Work
‘Release Debit Cords’
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#22, poy reserves the right to set0 minimum card loed
‘fo charge for Ist Transaction. Use MoreyPoss ATM's to oveid ATM surcharges. You con go to any MasterCard member Bonk and acess your
funds; third party fees may opal,
‘wo charge for 38 Tronsacton,
‘esinactvity Fee replaces monthly fe [active after 60 days of inactivity)
‘40 Fee charged wien cards closed and o goper checks requested for any emoining balance. You hove 7 calendar doy ofler cord
ctvaton to close the rard account and receive opoper check ot no cst
“Abo 18 Agreed to and Accepted”
lal ARPay of til
AT dolyt ANNA +) top
Contractor initial / Date DOCCS initial / Date 7
42064 Biscayne Blvd, Suite 243 | Mian FL 33382 | www JPay com 954-862-5900 . STATE OF NEW YORK AGREEMENT
STATE AGENCY (Name & Address):
New York State Department of Corrections and
Community Supervision
Support Operations — Contract Procurement Unit
1220 Washington Avenue
Albany, NY 12226
Attn: David Gambacorta
Phone: (518) 436-7886 x3110
BUSINESS CODE:
Docot
NYS COMPTROLLER'S NUMBER
161422,
DEPARTMENT CODE:
3250226
CONTRACTOR (Name & Address)
JPayinc.
12864 Biscayne Boulevard — Suite 243
Miami, FL 33181
Attn: Greg Levine
Phone: (954) 862-6900
‘TYPE OF PROGRAM (S)
Inmate Kiosks
Piggyback Contract for Services.
FEDERAL TAX IDENTIFICATION NUMBER
NYS VENDOR ID NUMBER
INITIAL CONTRACT PERIOD *
FROM: August 1, 2017
ant Eee TO: July 31,2022 /
FUNDING AMOUNT FOR INITIAL PERIOD
so
STATUS: RENEWALS
Contractor is a (X) for ( ) not for profit corporation [None _,
Vv
APPENDICES ATTACHED AND PART OF THIS AGREEMENT:
a dit APPENDIX A
State contracts
fxs APPENDIX B
Bae ‘APPENDIX C
cu ia APPENDIX D
x APPENDIX E
‘Standard Clauses as required by the Attorney General for all
Statement of Work between DOCCS and JPay, Inc.
MIWBE and EEO Information
Originating Contract, RFP/Contract #1901 including Amendments
Non-Disclosure Agreement IN WITNESS THEREOF, the parties hereto have exec
their signatures.
CONTRACTOR
By: ZZ = ee
fee feoorned
Reve firorranl
Date:
‘uted or approved this AGREEMENT on the dates below
Contract No. 161422
STATE AGENCY
ley r ction:
Ces
_ 7
By: ( oS Downe
STATE OF Florida
SANDRA DOWNEY
Printed Name. Printed Name
Title:__ £0 Title: Director of Budget and Finance
Yohr Date: @\ialit
7
State Agency Certification
“In addition to the acceptance of this contract, |
also certify that original copies of this signature
page will be attached to all other exact copies of
this contract.”
)
) ss.
county ot Coward )
on the [3 day of June. , 201], before me personally appeared
Errol Feidiman . tome known, who being, by me duly sworn, did depose and say that he/she
iesides all ‘ that he/she is the
CEO of the Ag = the corporation described herein
which thereto by order of the Board of directors of said corporation
FOR THE STATE COMET
Notary Pete Sat of Pica
Menebe Valios
{iy Communion FF 906558
‘pes DAO
DEPT. OF AUDIT & CONTROL
AUG 12 2017
ohio AGREEMENT
This AGREEMENT made this 13 day of June. , 2017 between
the NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION (hereinafter referred to as “DOCCS'), with its principal office
located at The Harriman State Campus, 1220 Washington Avenue, Albany, New
York 12226 and JPay, Inc. (hereinafter “CONTRACTOR’), with its principal office
located at 12864 Biscayne Boulevard — Suite 243, Miami, FL 33181 is for the
establishment of a “piggyback” contract.
WHEREAS, pursuant to New York Correction Law §112(1), the
Commissioner of DOCCS is given the authority to contract with private entities for
the performance of such functions deemed necessary or desirable to promote the
efficient operation of DOCCS, as well as the fulfillment of all lawful responsibilities
of DOCCS; and
WHEREAS, the State of Nevada, on behalf of the National Association of
State Procurement Officials (NASPO) as well as the Multi-State Corrections
Procurement Alliance completed and open and competitive solicitation and
awarded a multiyear éoniract to JPay, Inc. for inmate kiosks and related services
(‘Originating Contract"), RFP/Contract #1901.
WHEREAS, the Originating Contract authorizes other participating states or
correctional agencies, to purchase services off of the Originating Contract in
accordance with the terms and provisions described therein; and
WHEREAS, the CONTRACTOR is available under the aforementioned
contract to provide Inmate Kiosks and Services; and
WHEREAS, the New York State Office of General Services (OGS)
Procurement Services Group has approved the use of the Originating Contract,
and NOW THEREFORE, in consideration of the promises, responsibilities and
covenants herein, the STATE and the CONTRACTOR agree as follows:
TERM
‘A. When signed by the parties and approved by all necessary government
agencies, this AGREEMENT shall commence August 1, 2017 to July 31, 2022
(‘Term’) unless terminated earlier pursuant to its terms.
AMENDMENTS
A. This AGREEMENT may be amended only upon the mutual written
‘agreement of the parties.
B. To modify the AGREEMENT within an existing Term or Renewal Term, the
Parties shalll execute an amendment to the agreement. Any change in the amount
of consideration to be paid, change in scope, or change in the term, is subject to
the approval of the Office of the State Comptroller.
C, Any such amendment to or extension of this AGREEMENT shall be subject
to approval by the Office of the State Comptroller (“OSC”) and where necessary
as set forth in Section X(A) below, shall contain a new budget,
lll SUBCONTRACTING
A. The CONTRACTOR agrees not to subcontract any of its services,
unless as indicated in its proposal, without the prior written approval of the
DOCCS. Approval shall not be unreasonably withheld upon receipt of written
request to subcontract.
The CONTRACTOR may arrange for a portion/s of its responsibilities
under this AGREEMENT to be subcontracted to qualified, responsible
‘Subcontractors, subject to approval of the DOCCS. If the CONTRACTOR
determines to subcontract a portion of the services, the subcontractors must
be clearly identified and the nature and extent of its involvement in and/or
proposed performance under this AGREEMENT must be fully explained by the
CONTRACTOR to the DOCCS. As part of this explanation, the subcontractor must submit to the DOCCS a completed Vendor Assurance of No Conflict of
Interest or Detrimental Effect form, as required by the CONTRACTOR prior to
execution of this AGREEMENT.
The CONTRACTOR retains ultimate responsibility for all services
performed under the AGREEMENT.
All subcontracts shall be in writing and shall contain provisions, which are
functionally identical to, and consistent with, the provisions of this AGREEMENT
including, but not limited to, the body of this AGREEMENT, and Appendix A —
‘Standard Clauses for New York State Contracts. Unless waived in writing by the
DOCCS, all subcontracts between the CONTRACTOR and subcontractors shall
expressly name the STATE, through DOCCS, as the sole intended third party
beneficiary of such subcontract. DOCCS reserves the right to review and approve
or reject any subcontract, as well as any amendment to said subcontract(s), and
this right shall not make the DOCCS or the STATE a party to any subcontract or
create any right, claim, or interest in the subcontractor or proposed subcontractor
against the DOCS,
DOCCS reserves the right, at any time during the term of the AGREEMENT,
to verify that the written subcontract between the CONTRACTOR and
subcontractors is in compliance with all of the provisions of this Section and any
subcontract provisions contained in this AGREEMENT.
The CONTRACTOR shall give the DOCCS immediate notice in writing of
the initiation of any legal action or suit which relates in any way to a subcontract
with a subcontractor or which may affect the performance of the CONTRACTOR's
duties under the AGREEMENT. Any subcontract shall not relieve the
CONTRACTOR in any way of any responsibility, duty and/or obligation of the
AGREEMENT.
If at any time during performance under this AGREEMENT total
‘compensation to a subcontractor exceeds or is expected to exceed $100,000, that
subcontractor shall be required to submit and certify a Vendor Responsibility
Questionnaire. IV. TERMINATION
A. DOCCS shall have the right to terminate this AGREEMENT early for (i)
unavailability of funds or (ii) convenience provided that the DOCCS has given
written notice to the CONTRACTOR no later than thirty (30) days or more prior to
the date of termination.
B. DOCCS may terminate the AGREEMENT for cause immediately upon
written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to
comply with the terms and conditions of this AGREEMENT and/or with any laws,
rules, regulations, policies or procedures affecting this AGREEMENT.
C. — DOCCS may terminate this AGREEMENT without cause by thirty (30) days
Prior written notice. In the event of such termination, the parties will adjust the
accrued amount due and the CONTRACTOR will undertake no additional
expenditures not already required.
D. This AGREEMENT may be terminated at any time upon mutual written
consent of DOCCS and the CONTRACTOR
E. — DOCCS reserves the right to terminate this AGREEMENT in the event it is
found that the certification filed by the CONTRACTOR in accordance with New
York State Finance Law Sections 139 and 139-k was intentionally false or
intentionally incomplete. Upon such finding, DOCCS may exercise its termination
right by providing written notification to the CONTRACTOR in accordance with the
written notification terms of this AGREEMENT.
F. __ In the event of the termination of this AGREEMENT by either party, DOCCS
shall be liable for the actual and necessary expenses for services provided by
CONTRACTOR up to and including the effective date of termination. V. _ CONTRACTOR RESPONSIBILITY
A. The CONTRACTOR shall, at all times during the AGREEMENT term remain
responsible. The CONTRACTOR agrees, if requested by the Commissioner of
DOCCS or his designee, to present evidence of its continuing legal authority to do
business in New York State, integrity, experience, ability, prior performance, and
organizational and financial capacity.
B. The Commissioner of DOCCS or his designee, in his sole discretion,
s under this AGREEMENT, at any
time, when he discovers information that calls into question the responsibility of
the CONTRACTOR. In the event of such suspension, the CONTRACTOR will be
given written notice outlining the particulars of such suspension. Upon issuance
reserves the right to suspend any or all act
of such notice, the CONTRACTOR must comply with the terms of the suspension
order. Contract activity may resume at such time as the Commissioner of DOCCS
or his designee issues a written notice authorizing a resumption of performance
under the Contract.
C. Upon written notice to the CONTRACTOR, and a reasonable opportunity to
be heard with appropriate DOCCS officials or staff, the AGREEMENT may be
terminated by the Commissioner of DOCCS or his designee at the
CONTRACTOR'S expense where the CONTRACTOR is determined by the
DOCCS Commissioner or his designee to be non-responsible. In such event, the
Commissioner or his designee may complete the contractual requirements in any
manner he may deem advisable and pursue available legal or equitable remedies
for breach.
Vi. CONFLICTS OF INTEREST
A. The CONTRACTOR has provided a form (Vendor Assurance of No Conflict
of Interest or Detrimental Effect), signed by an authorized executive or legal
Fepresentative attesting that the CONTRACTOR's performance of the services
does not and will not create a conflict of interest with, nor position the
CONTRACTOR to breach any other contract currently in force with the State of New York, that the CONTRACTOR will not act in any manner that is detrimental
to any STATE project on which the CONTRACTOR is rendering services.
B. The CONTRACTOR hereby reaffirms the attestations made in its proposal
and covenants and represents that there is and shall be no actual or potential
conflict of interest that could prevent the CONTRACTOR's satisfactory or ethical
performance of duties required to be performed pursuant to the terms of this
AGREEMENT. The CONTRACTOR shall have a duty to notify the AGENCY
immediately of any actual or potential conflicts of interest.
C. In conjunction with any subcontract under this AGREEMENT, the
CONTRACTOR shall obtain and deliver to the AGENCY, prior to entering into a
subcontract, a Vendor Assurance of No Conflict of interest or Detrimental Effect
form, signed by an authorized executive or legal representative of the
subcontractor. The CONTRACTOR shall also require in any subcontracting
agreement that the subcontractor, in conjunction with any further subcontracting
agreement, obtain and deliver to the AGENCY a signed and completed Vendor
Assurance of No Conflict of interest or Detrimental Effect form for each of its
subcontractors prior to entering into a subcontract.
D. The AGENCY and the CONTRACTOR recognize that conflicts may occur
in the future because the CONTRACTOR may have existing, or establish new,
relationships. The AGENCY will review the nature of any relationships and
reserves the right to terminate this AGREEMENT for any reason, or for cause, if,
in the judgment of the AGENCY, a real or potential conflict of interest cannot be
cured.
Vil. PUBLIC OFFICERS LAW
A. Contractors, consultants, vendors, and subcontractors may hire former
State Agency or Authority employees. However, as a general rule and in
accordance with New York Public Officers Law, former employees of the State
Agency or Authority may neither appear nor practice before the State Agency or
6 Authority, nor receive compensation for services rendered on a matter before the
State Agency or Authority, for a period of two years following their separation from
State Agency or Authority service. In addition, former State Agency or Authority
employees are subject to a “lifetime bar” from appearing before the State Agency
or Authority or receiving compensation for services regarding any transaction in
which they personally participated or which was under their active consideration
during their tenure with the State Agency or Authority
Vill. ETHICS REQUIREMENTS
‘A. The Contractor and its Subcontractors shall not engage any person who is,
or has been at any time, in the employ of the State to perform services in violation
Of the provisions of the New York Public Officers Law, other laws applicable to the
service of State employees, and the rules, regulations, opinions, guidelines or
policies promulgated or issued by the New York State Joint Commission on Public
Ethics, or its predecessors (collectively, the "Ethics Requirements"). The
Contractor certifies that all of its employees and those of its Subcontractors who
are former employees of the State and who are assigned to perform services under
this Contract shall be assigned in accordance with all Ethics Requirements. During
the Term, no person who is employed by the Contractor or its Subcontractors and
who is disqualified from providing services under this Contract pursuant to any
Ethics Requirements may share in any net revenues of the Contractor or its
Subcontractors derived from this Contract. The Contractor shall identify and
Provide the State with notice of those employees of the Contractor and its
Subcontractors who are former employees of the State that will be assigned to
perform services under this Contract, and make sure that such employees comply
with all applicable laws and prohibitions. The State may request that the Contractor
provide it with whatever information the State deems appropriate about each such
Person's engagement, work cooperatively with the State to solicit advice from the
New York State Joint Commission on Public Ethics, and, if deemed appropriate by
the State, instruct any such person to seek the opinion of the New York State Joint
Commission on Public Ethics. The State shall have the right to withdraw or
withhold approval of any Subcontractor if utilizing such Subcontractor for any work
performed hereunder would be in conflict with any of the Ethics Requirements. The
7 State shall have the right to terminate this Contract at any time if any work
performed hereunder is in conflict with any of the Ethics Requirements.
IX. REQUEST FOR PROPOSAL (RFP) AND CONTRACT AWARD.
A. Request for Proposal (RFP) #1901 was issued by the State of Nevada, on
behalf of the National Association of State Procurement Officials (NASPO) as well
as the Multi-State Corrections Procurement Alliance, and completed and open and
competitive solicitation and awarded a multi-year contract to JPay, Inc. for inmate
kiosks and related services (“Originating Contract"), RFP/Contract #1901.
B. DOCS has determined that CONTRACTOR is the successful vendor and
the CONTRACTOR is willing and able to provide the services required.
C. CONTRACTOR shall provide kiosks and related services to DOCCS in
accordance with the Statement of Work, a true copy of which is annexed hereto
and made a part hereof as Appendix B; and the Originating Contract, REP/Contract,
#1901 including amendments, a true copy of which is annexed hereto and made
a part of as Appendix D.
X. STATEMENT OF WORK
A. Pursuant to this AGREEMENT, CONTRACTOR shall provide the services
set forth herein and in Appendix B, Statement of Work, contains a description of
the services to be provided by CONTRACTOR,
B. It is expressly understood and agreed by CONTRACTOR that any and all
services and products specified in this AGREEMENT shall be provided only at the
direction of DOCCS.
XI. COMPENSATION
A. All compensation that will be paid to the CONTRACTOR is set forth in
Exhibit A contained in Appendix B which is attached hereto and made a part
hereof. Page 6 through 8 of Appendix B consists of the Pricing Exhibit, B. Throughout the term of this AGREEMENT, CONTRACTOR shall be
reimbursed only for actual and necessary expenses for services actually
Performed in accordance with this AGREEMENT and with Appendix B.
XI. CONFIDENTIALITY
A. CONTRACTOR acknowledges that any and all information, records, files,
documents or reports contained in any media format (e.g. print, electronic)
provided to CONTRACTOR by the DOCCS or otherwise encountered by
CONTRACTOR in the provision of services pursuant to this AGREEMENT shall
be considered confidential and shall be handled accordingly at all times. Neither
CONTRACTOR nor any of its employees, servants, subcontractors, agents or
volunteers shall at any time be permitted to utilize any such confidential information
for any purpose outside the scope of this AGREEMENT without the express prior
written authorization of DOCCS, CONTRACTOR shall educate, monitor and be
responsible for its employees, servants, subcontractors, agents and volunteers
Providing services for CONTRACTOR pursuant to this AGREEMENT concerning
these confidentiality requirements. Any breach of the confidentiality requirements
set forth in this Section or in Appendix B by CONTRACTOR or by any of its
employees, servants, subcontractors, agents or volunteers may result in the
immediate termination of this AGREEMENT by the DOCCS and may subject the
CONTRACTOR to further penalties. Annexed hereto as Appendix E is a copy of
the Non-Disclosure Agreement.
XII, INDEPENDENT CONTRACTOR
A. It is expressly understood and agreed that CONTRACTOR'S status
hereunder is that of an independent contractor and that no official, employee,
Servant, subcontractor, agent or volunteer of CONTRACTOR is an employee of
the DOCCS or the State of New York. CONTRACTOR is solely responsible for
the work, compensation, benefits and personal conduct of all such persons
assigned to the provision of services pursuant to this AGREEMENT. Nothing
contained in this Section or in any other provision of this AGREEMENT shall be
construed to impose any liability or duty to the DOCCS or the State of New York
9 to persons, firms, consultants or corporations employed or engaged or otherwise
uliized by the CONTRACTOR, either directly or indirectly, in any capacity
whatsoever, nor shall the DOCCS or the State of New York be liable for any acts,
omissions, obligations and taxes of any nature, including unemployment insurance
and worker's compensation, of CONTRACTOR or any of its officials, employees,
servants, subcontractors, agents or volunteers,
XIV. ASSIGNMENT
‘A. The rights and obligations of CONTRACTOR under this AGREEMENT may
not be assigned, conveyed, transferred, or subcontracted by CONTRACTOR
without prior written authorization of the DOCCS as set forth in Appendix A.
XV. NOTICES
A. Allnotices and communications made pursuant to this AGREEMENT shall
be in writing and shall be delivered to the addresses set forth below or to such
addresses as the parties may from time to time provide to each other. Said notices
should be served via registered mail or personally.
Notification to DOCCS: Nys DOccS
Contract Procurement Unit
The Harriman State Campus
1220 Washington Avenue
Albany, New York 12226
Notification to CONTRACTOR: JPay, ine.
Attn: Greg Levine
12864 Biscayne Boulevard — Suite 243,
Miami, FL 33181
or any other address as may be hereinafter designated by written notice. No notice
shall be effective until received by the addressee. Communications concerning
the daily functions and operation of the scope of services are not to be considered
10 as notices. Thus, such communications may be done via telephone, e-mail, fax,
United States Postal Service or other means.
X. MISCELLANEOUS PROVISIONS
A. Entire Agreement: This AGREEMENT, including the face page and all its
appendices, constitutes the entire AGREEMENT between the parties and
supersedes all other communications between the parties relating to the
subject matter herein.
B. Appendix A: DOCCS Appendix A (Standard Clauses as required by the
Attorney General for all State contracts) is attached hereto and made a part
hereof.
C. Controlling Statutes: This AGREEMENT shall be governed by and construed
in accordance with the laws of the State of New York.
D. Order of Precedence: In the event of any conflict between the terms of this
Agreement and the terms of it Appendices, the following order of precedence
shall apply:
|. Appendix A (Standard Clauses)
Nl Agreement #6161422
Il. Appendix B (Statement of Work)
IV. Appendix D (Originating Contract, RFP/Contract #1901 and amendments)
V. Appendix C (MWBE & EEO Information)
VI. Appendix E (Non-Disclosure Agreement)
“Above Revision Agreed to and Accepted”
FS, bhp Sid ,@p1/17
Contractor Initial /Date DOCCS Initial /Date
E. Unenforceability: If any part of this AGREEMENT is found to be unenforceable
for any reason, that part shall be deemed deleted and all other terms,
conditions, and provisions of this AGREEMENT shall remain in full force and
effect.
WL define, limit or describe the scope or intent of this AGREEMENT, or any
provision thereof, or in any way affect this AGREEMENT.
Defense and Indemnification: The contractor shall provide for the complete
defense of the State, the Department, its officials, employees, and agents and
for their complete indemnification from judgments, settlements, or losses that
result from actions, claims, or proceedings both judicial or administrative, that
arise out of the contractor's performance of this contract. The contractor's duty
to indemnify shall not be lessened by its utilization of subcontractors and shall
cover direct, indirect, special and consequential damages.
. Force Majeure: Neither party shall be liable for losses, defaults, or damages,
under this AGREEMENT which result from delays in performing, or inability to
Perform, all or any of the obligations or responsibilities imposed upon it
pursuant to the terms and conditions of this AGREEMENT, due to or because
of acts of God, the public enemy, acts of government, earthquakes, floods,
strikes, typhoons, civil strife, fire or any cause beyond the reasonable control
of the party that was so delayed in performing or so unable to perform, provided
that such party was not negligent and shall have used reasonable efforts to
avoid and overcome such cause. Such party will resume full performance of
such obligations and responsibilities promptly upon removal of any such cause.
Certificate of Insurance: CONTRACTOR must have the necessary insurance
to comply with New York State requirements,
Prior to providing any service to the State of New York, the bidder must provide
‘a copy of the insurance certificate naming the State of New York and New York
‘State Department of Corrections and Community Supervision as “additional
named insured” in its liability policy.
Workers’ Compensation And Disability Benefits Coverage: A policy covering
the obligations of the CONTRACTOR in accordance with the provisions of
Chapter 41, Laws of 1914, as amended, known as the Workers’ Compensation
Law, and the contract, shall be void, and of no effect unless the CONTRACTOR
2 Procures such policy, and maintains it through the end of the contract term, A
Copy of the certificates must submitted to and retained by DOCCS. The name
and FEIN of the contracting entity must be identical to the name and FEIN
identified on the proof of coverage or exemption. In the instance of exemption,
please be advised that the WCB does not verify Attestations for Exemption. It
is incumbent on the state contracting entity to verify the validity of the entity's
reason for exemption; please verify and provide a copy of the signed and dated
exemption certificate
Non-sectarian: CONTRACTOR is a non-sectarian organization and does not
have as one of its purposes the advancement of any religion.
McBride: CONTRACTOR has no business operations in Northern Ireland.
|. Strict Adherence: The failure of DOCCS to insist upon strict adherence to any
Provision, fiscal obligation, reporting or other requirement of this AGREEMENT
shall not be considered to constitute a waiver or constructive modification to
deprive DOCCS of the right to insist upon strict adherence to the terms of this
AGREEMENT in the future.
Approval: This AGREEMENT shall not become effective unless and until
approved by the Department of Law (Attorney General) and the Office of the
State Comptroller.
Prevailing Wage Rates — Public Works and Building Services Contracts: Work
being performed is subject to prevailing wage rate provisions of New York State
Labor Law. If you have any questions or to obtain Prevailing Wage Rates
please contact the New York State Department of Labor, Bureau of Public
Works at www.labor.ny.gov
MABE: By signing said AGREEMENT, CONTRACTOR agrees to comply with
all requirements of Minority and Women Business Enterprise Laws,
13 Regulations and Rules (MWBE) Annexed hereto as Appendix C is a copy of
the MMWBE policy.
4 APPENDIX A
Standard Clauses as Required by the Attorney
General for all State Contracts APPENDIX A
STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS
PLEASE RETAIN THIS DOCUMENT
FOR FUTURE REFERENCE.
January 2014 ‘STANDARD CLAUSES FOR NYS CONTRACTS ere. oa
TABLE OF CONTENTS
Page
1. Executory Clause 3
2. Non-Assigament Clause 3
3. Comptroller's Approval 3
4. Workers’ Compensation Benefits 3
5. Non-Discrimination Requirements 3
6 Wage and Hours Provisions 3
7. Non-Collusive Bidding Certification 4
8 International Boycott Prohibition 4
9. Set-OfF Rights 4
10. Records 4
11. Identifying Information and Privacy Notification 4
12, Equal Employment Opportunities For Minorities and Women 45
13, Conflicting Terms 5
14, Governing Law 5
18. Late Payment 5
16. No Arbitration 5
17. Service of Process 5
18 Prohibition on Purchase of Tropical Hardwoods 56
19, MacBride Fair Employment Principles 6
20. Omnibus Procurement Act of 1992 6
21, Reciprocity and Sanctions Provisions 6
22, Compliance with New York State Information Security Breach and Notification Act 6
23, Compliance with Consultant Disclosure Law 6
24. Procurement Lobbying 7
25, Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7
State Contractors, Affiliates and Subcontractors.
26, Iran Divestment Act 7
Page 2 January 2014 ‘STANDARD CLAUSES FOR NYS CONTRACTS
The partes to the attached contract, license, lease, amendment
‘other agreement of any kind (hereinafter, "the contract” or
is contract") agree to be bound by the following clauses
which are hereby made @ part of the contract (the word
"Contractor" herein refers to any party other than the State,
whether a contractor, licenser, license, lessor, lessee or any
other party):
1, EXECUTORY CLAUSE. In accordance with Section 41
of the State Finance Law, the State shall have no liability
tunder this contract to the Contractor or to anyone else beyond
funds appropriated and available for this contract,
2. NON-ASSIGNMENT CLAUSE. In accordance with
Section 138 of the State Finance Law, this contract may not be
assigned by the Contractor or its right, title or interest therein
assigned, transferred, conveyed, sublet or otherwise disposed
of without the State’s previous written consent, and attempts
to do so are null and void. Notwithstanding the foregoing,
such prior writen consent of an assignment of a contract let
pursuant to Article XI of the State Finance Law may be
waived atthe discretion of the contracting agency and with the
concurrence of the State Comptroller where the original
‘contract was subject to the State Comptroller's approval,
where the assignment is due to 2 reorganization, merger of
consolidation of the Contractor's business entity or enterprise.
‘The State retains its right to approve an assignment and to
require that any Contractor demonstrate its responsibility to do
business with the State. The Contractor may, however, assign
its right to receive payments without the State's prior written
consent unless this contract concerns Certificates of
Participation pursuant to Article $-A of the State Finance Law,
3. COMPTROLLER'S APPROVAL. In accordance with
Section 112 of the State Finance Law (or, if this contract is
with the State University or City University of New York,
Scetion 385 or Section 6218 of the Education Law), if this
contract exceeds $50,000 (or the minimum thresholds agreed
to by the Office of the State Comptroller for certain S.ULN.Y,
and CUNY, contracts), of if this is an amendment for any
‘amount 10 a contract which, as so amended, exceeds said
Statutory amount, or if, by this contract, the State agrees 0
give something other than money when the value or
reasonably estimated value of such consideration exceeds
$10,000, it shall not be valid, effective or binding upon the
‘State until it has been approved by the State Comptroller and
filed in his office. Comptroller's approval of contracts let by
the Office of General Services is required when such contracts
exeeed $85,000 (State Finance Law Section 163.6-2)
However, such pre-approval shall not be required for any
contract established as a centralized contract through the
Office of General Services or for a purchase order or other
transaction issued under such centralized contract.
4. WORKERS’ COMPENSATION BENEFITS. In
accordance with Section 142 of the State Finance Law, this
Page 3
contract shall be void and of no force and effect unless the
Contractor shall provide and maintain coverage during the life
‘of this contract for the benefit of such employees as are
required 10 be covered by the provisions of the Workers’
‘Compensation Law.
5. NON-DI (TION RE: NTS. To the
cexient required by Article 15 of the Executive Law (also
known as the Human Rights Law) and all other State and
Federal statutory and constitutional _non-diserimination
provisions, the Contractor will not discriminate against any
employee or applicant for employment because af race, ereed,
color, sex (including gender identity or expression), national
origin, sexual orientation, military status, age, disability
predisposing genetic characteristics, marital status or domestic
violence vietim status. Furthermore, in accordance with
Section 220 of the Labor Law, if this ig a contract for the
construction, alteration or repair of any public building or
publie work or for the manufscture, sale or distribution of
‘materials, equipment or supplies, and to the extent that this
contract shall be performed within the State of New York,
Contractor agrees that neither it nor its subcontractors shal, by
reason of race, creed, color, disability, sex, or national origin:
() discriminate in hiring against any New York State citizen
Who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employce hired for the
performance of work under this contract. If this is a building
service contract as defined in Section 230 of the Labor Law,
then, in accordance with Section 239 thereof, Contractor
agrees that neither it nor its subontractors shall by reason of
race, creed, color, national origin, age, sex or disability: (a)
discriminate in hiring against any New York State citizen who
is qualified and available 10 perform the work; or (b)
discriminate against or intimidate any employee hired for the
performance of work under this contract. Contractor is subject
to fines of $50.00 per person per day for any Violation of
Section 220-e or Section 239 as well as possible termination
of this contract and forfeiture of all moneys due hereunder for
a second or subsequent violation.
6, WAGE AND HOURS PROVISIONS. If this is « public
‘work contract covered by Article 8 of the Labor Law or a
building service contract covered by Article 9 thereof, neither
Contractor's employees nor the employees of its
subcontractors may be required or permitted to work more
than the number of hours or days stated in said statutes, except
as otherwise provided in the Labor Law and as set forth in
prevailing wage and supplement schedules issued by the State
Labor Department. Furthermore, Contractor and its
subcontractors must pay at least the prevailing wage rate and
pay or provide the prevailing supplements, including the
premium rates for overtime pay, as determined by the State
Labor Department in accordance with the Labor Law.
Additionally, effective April 28, 2008, if ths is « public work
contract covered by Anicle 8 of the Labor Law, the Contractor
understands and agrees that the filing of payrolls in a manner
consistent with Subdivision 3-8 of Section 220 of the Labor
Law shall be a condition precedent to payment by the State of
January 2014 STANDRRD CLUSES FOR YS CONTRAETS
any State approved sums due and owing for work done upon
the project.
7. NON-COLLUSIVE BIDDING CERTIFICATION. In
avcordance with Section 139-d of the State Finance Law, if
this contract was awarded based upon the submission of bids,
Contractor affirms, under penalty of petjury, that its bid was
arrived ut independently and without collusion aimed at
restricting competition. Contractor further affiems that, at the
time Contractor submitted its bid, an authorized and
responsible person executed and delivered to the State @ non-
collusive bidding certification on Contractor's behalf.
8. INTERNATIONAL BOY. PROUIBI In
accordance with Section 220-f of the Labor Law and Section
139-h of the State Finance Law, if this contract exceeds
185,000, the Contractor agrees, as a material condition of the
‘contract, that neither the Contractor nor any. substantially
‘owned or affilisted person, firm, parinership or corporation
has participated, is participating, or shall participate in an
international boycott. in violation of the federal Export
‘Administration Act of 1979 (50 USC App. Sections 2401 et
seq.) or regulations thereunder. If such Contractor, or any of
the aforesaid affiliates of Contractor, is convicted or is
otherwise found to have violated said laws or regulations upon
the final determination of the United States Commerce
Department or any other appropriate agency of the United
States subsequent to the contract's execution, such contract,
amendment or modification thereto shall be rendered forfeit
‘and void. The Contractor shall so notify the State Comptroller
‘within ive (5) business days of such conviction, determination
cor disposition of appeal NYCRR 105.4},
9. SET-OFF RIGHTS, ‘The State shall have all of its
common la, equitable and statutory rights of set-off, These
rights shall include, but not be limited to, the State's option to
‘withhold for the purposes of set-off any moneys due to the
Contractor under this contract up to any amounts due and
owing to the State with regard to this contract, any other
contract with any State department or agency, including any
contract for a term commencing prior to the term of this
contract, plus any amounts due and owing to the State for any
‘other reason including, without limitation, tax delinquencies,
fee delinquencies or monctary penalties relative thereto. The
State shall exercise its set-off rights in accordance with normal
State practices including, in cases of set-off pursuant to an
audit, the finalization of such audit by the State agency, its
representatives, or the State Compiroller
10. RECORDS, The Contractor shal establish and maintain
complete and accurate books, records. documents, accounts
and other evidence directly pertinent to performance under
this contract (hereinafter, collectively, "the Records"). The
Records must be Kept for the balance of the calendar year in
Which they were made and for six (6) additional years
thereafter, The State Comptroller, the Artomey General and
‘any other person or entity authorized to conduct an
examination, as well as the agency or agencies involved in this
Page 4
contract, shall have access to the Records during normal
business hours at an office of the Contractor within the State
‘of New York of, if no such office is available, at a mutually
agreeable and reasonable venue within the State, for the term
specified above for the purposes of inspection, auditing and
copying. The State shall take reasonable steps to protect from
public disclosure any of the Records which are exempt from
disclosure under Section 87 of the Public Officers Law (the
Statute”) provided that: i) the Contractor shall timely inform
‘an appropriate State official, in writing, that said records
should not be disclosed: and (ji) said records shall be
sufficiently identified; and (ii) designation of said records as,
exempt under the Statute is reasorable. Nothing contained
herein shall diminish, or in any way adversely affect, the
State's right to discovery in any pending or future litigation,
IDENTIFYING INFORMATION PRIVAC
NOTIFICATION, — (a) Identification Number(s). Every
invoice or New York State Claim for Payment submitted to #
New York State agency by a payee, for payment for the sale of
{goods of services or for transactions (e.g, leases, easements,
licenses, etc) related to real or personal property must include
the payee's identification number. The number is any or all of
the following: (i) the payce’s Federal employer identification
number, (i) the payee’s Federal social security number, and/or
(Gi) the payce’s Vendor Identification Number assigned by the
Statewide Financial System, Failure to include such number
for numbers may delay payment. Where the payee does not
have such number or numbers, the payee, on its invoice or
Claim for Payment, must give the reason or reasons why the
payee does not have such number or numbers.
(b) Privacy Notification. (1) The authority to request the
above personat information from a seller of goods or services
‘or a lessor of real or personal property, and the authority to
‘maintain such information, is found in Section $ of the State
‘Tax Law, Diselosure ofthis information by the seller or lessor
to the State is mandatory. The principal purpose for which the
information is collected is to enable the State to identify
individuals, businesses. and others who have been delinquent
in filing tax returns or may have understated their tax
liabilities and 10 generally identify persons affected by the
taxes administered by the Commissioner of Taxation and
Finance. The information will be used for tax administration
‘purposes and for any other purpose authorized by law. (2) The
personal information is requested by the purchasing unit of the
agency contracting to purchase the goods or services of lease
the real or personal property covered by this contract or lease
The information is maintained in the Statewide Financial
System by the Vendor Management Unit within the Bureau of
State Expenditures, Office of the State Comptroller, 110 State
Street, Albany, New York 12236,
12, EQUAL EMPLOYMENT OPPORTUNITIES FOR
MINORITIES AND WOME!
IN. In accordance with Section
312 of the Executive Law and S NYCRR 143, if this contract
is: (i) a written agreement or purchase order instrument,
providing for a total expenditure in excess of $25,000.00,
January 2014 ‘STuvmann MUSES fon ws CONTRACTS
PT
whereby a contracting agency is committed to expend or does
expend funds in return for labor, services, supplies,
equipment, materials or any combination of the foregoing, 10
bee performed for, or rendered or furnished to the contracting
agency; or (i) a written agreement in excess of $100,000.00
whereby a contracting agency is committed to expend or does
expend funds for the acquisition, construction, demolition,
replacement, major repair or renovation of real propery and
improvements thereon; or (it) a written agreement in excess
‘0f $100,000.00 whereby the owner of a State assisted housing
project is committed to expend or does expend funds for the
acquisition, construction, demolition, replacement, major
repait or renovation of real property and improvements
thereon for such project, then the following shall apply and by
signing this agreement the Contractor certifies and affirms that
itis Contractor’s equal employment opportunity policy that
{a) The Contractor will not discriminate against employees or
applicants for employment because of race, creed, color,
national origin, sex, age, disability or marital status, shall
‘make and document its conscientious and active efforts 10
employ and utilize minority group members and women in its
work force on State contracts and will undertake or continue
existing programs of affirmative action to ensure that minority
group members and women are afforded equal employment
‘opportunities without discrimination. Affirmative action shall
mean recruitment, employment, job assignment, promotion,
upgradings, demotion, transfer, ayo, or termination and rates
‘of pay or other forms of compensation;
(b) at the request of the contracting agency, the Contractor
shall request each employment agency, labor union, or
authorized representative of workers with which it has a
collective bargaining or other agreement or understanding, to
furnish @ written statement that such employment agency,
Jabor union or representative will not discriminate on the basis
of race, creed, color, national origin, sex, age, disability or
‘marital’ status and that such union’ or representative will
affirmatively cooperate in the implementation of the
Contractor's obligations herein; and
(©) the Contractor shall. state, in all solicitations or
advertisements for employees, that, in the performance of the
State contract, all qualified applicants will be afforded equal
‘employment opportunities without discrimination because of
race, creed. color, national origin, sex, age, disability or
marital stats.
Contractor will include the provisions of "a", *b", and "e”
above, in every subcontract over $25,000.00" for the
construction, demolition, replacement, major repair,
renovation, planning or design of real property and
improvements thereon (the "Work") except where the Work is
for the beneficial use of the Contractor. Section 312 does not
apply to: (3) work, goods or services unrelated to this contract;
or (i) employment outside New York State, The State shall
consider compliance by a contractor or subcontractor with the
requirements of any federal law concerning equal employment
Page 5
‘opportunity which effectuates the purpose of this section, The
‘contracting agency shall determine whether the imposition of
the requirements of the provisions hereof duplicate or conflict
with any such federal law and if such duplication or conflict
exists, the contracting agency shall waive the applicability of
Section 312 to the extent of such duplication or conilict.
Contractor will comply with ll duly promulgated and lawful
rules and regulations of the Department of Economic
Development's Division of Minority and Women's Business
Development pertaining hereto,
13, CONFLICTING TERMS. In the event of a conflict
between the terms of the contract (including any and all
attachments thereto and amendments thereof) and the terms of
this Appendix A, the terms ofthis Appendix A shall control,
14. GOVERNING LAW. This contract shall be governed by
the laws of the Stale of New York except where the Federal
supremacy clause requires otherwise,
1S. LATE PAYMENT. Timeliness of payment and any
interest to be paid to Contractor for late payment shall be
govemed by Adicle 11-A of the State Finance Law to the
extent required by law,
16. NO ARBITRATION. Disputes involving this contract
including the breach or alleged breach thereof, may not be
submited to binding arbitration (except where statutorily
authorized), but must, instead, be heard in a court of
competent jurisdiction ofthe State of New York.
17. SERVICE OF PROCESS. In addition to the methods of
service allowed by the State Civil Practice Law & Rules
(°CPLR"), Contractor hereby consents to service of process
upon it by registered or certified mail, return receipt requested,
Service hereunder shall be complete upon Contractors actual
receipt of process or upon the State's receipt of the return
thereof by the United States Postal Service as refused or
undeliverable. Contractor must promptly notify the State, in
writing, of each ahd every change of address 10 which service
‘of process can be made. Service by the State tothe last known
adcress shall be sufficient. Contractor will have thirty (30)
‘calendar days after service hereunder is complete in which to
respond.
18. PROHIBITION ON PURCHASE OF TROPICAL
HARDWOODS. The Contractor certifies and warrants that
all wood products to be used under this contract award will be
in accordance with, but not limited to, the specifications and
provisions of Section 165 of the State Finance Law, (Use of
‘Tropical Hardwoods) which prohibits purchase and use of
tropical hardwoods, unless specifically exempted, by the State
‘or any governmental agency or political subdivision or public
benefit corporation. Qualification for an exemption under this
law will be the responsibility of the contractor to establish to
‘meet with the approval ofthe State.
January 2014 seroma
In addition, when any portion of this contract involving the
tase of woods, whether supply or installation, is to be
performed by any subcontractor, the prime Contractor will
Indicate and certify in the submitted bid proposal that the
subcontractor has been informed and is in compliance with
specifications and provisions regarding use of tropical
hardwoods as detailed in §165 State Finance Law. Any such
use must meet With the approval of the State; otherwise, the
bid may not be considered responsive. Under bidder
certifications, proof of qualification for exemption will be the
responsibility of the Contractor to meet with the approval of
the State
19, MACBI -AIR_EMP! NT PRI S.
In accordance with the MacB ride Fair Employment Principles
(Chapter 807 of the Laws of 1992), the Contractor hereby
stipulates that the Contractor either (a) has no. business
‘operations in Northern treland, or (b) shall take lawful steps in
good faith to conduct any business operations in Northern
Ireland in accordance with the MacBride Fair Employment
Principles (as described in Section 165 of the New York State
Finance Law), and shall permit independent monitoring of
compliance with such principles.
20. OMNIBUS PROK 1ENT AC 92. It is the
policy of New York State to maximize opportunities for the
participation of New York Stato business enterprises,
including minority and women-owned business enterprises as
bidders, subcontractors and suppliers on its. procurement
contracts,
Information on the availability of New York Siate
subcontractors and suppliers is available from:
NYS Department of Feonomic Development
Division for Small Business
Albany, New York 12245
Telephone: 518-262-5100
Fax: $18-292-5884
email: paesd.ny.ov
A directory of certified minority and women-owned business
enterprises is availabe from:
NYS Department of Economie Development
Division of Minority and Women's Business Developinent
633 Third Avenue
New York, NY 10017
212-803-2414
‘email: mubecerification@esd.ny.gov
hiips/ny.newny contracis,comy/FrontEnd/VendorSearchPu
blizase
‘The Omnibus Procurement Act of 1992 requires that by
signing this bid proposal or contract, as applicable,
Contractors certify that whenever the total bid amount is
greater than SI million
Page 6
(@) The Contractor has made reasonable efforts io encourage
‘the participation of New York State Business Enterprises as
suppliers and subcontractors, including certified minority and
‘women-owned business enterprises, om this project, and has
retained the documentation of these efforis to be provided
‘upon request tothe State;
{b) The Contractor has complied with the Federal Equal
Opportunity Act of 1972 (P.L. 92-261), as amended
(©) The Contractor agrees to make reasonable efforts to
provide notification to New York State residents of
femployment opportunities on this project throush listing any
such positions with the Job Service Division of the New York
‘State Department of Labor, or providing such notification in
such manner as ig consistent with existing collective
bargaining contracts or agreements. The Contractor agrees to
document these efforts and to provide said documentation to
the State upon request; and
(@) The Contractor acknowledges notice that the State may
seek to obtain offset credits from foreign counties as a result
ofthis cantract and agrees to cooperate with the State in these
efforts.
21, RECIPROCITY AND SANCTIONS PROVISIONS.
Bidders are hereby notified that if their principal place of
business is located in a country, nation, province, stale or
political subdivision that penalizes New York State vendors,
‘and if the goods or services they offer will be substantially
produced or performed outside New York State, the Omnibus
Procurement Act 1994 and 2000 amendments (Chapter 684
‘and Chapter 383, respectively) require that they be denied
contracts which they sould otherwise obtain, NOTE: As of
May 15, 2002, the list of discriminatory jurisdictions subject
to this provision includes the states of South Carolina, Alaska,
West Virginia, Wyoming, Louisiana and Hawaii. Contact
NYS Department of Economic Development for 2 current
‘of jurisdictions subject to this provision.
n. JANCE WITH NEW _YORK STATE
INFORMATION — SECURITY BREACH AND.
NOTIFICATION ACT. Contractor shall comply with the
provisions of the New York State Information Security Breach
‘and Notification Act (General Business Law Section 899-23;
State Technology Law Section 208).
23, COMPLIANCE _WITH__CONSULTANT
DISCLOSURE LAW, If this is a contract for consulting
services, defined for purposes of this requirement to include
analysis, evaluation, research, training, data processing,
‘computer programming, engingering, environmental, health,
and mental health services, accounting, auditing, parslegal
legal or similar services, then, in accordance with Section 163,
(deg) of the State Finance Law (as amended by Chapter 10 of |
the Laws of 2006), the Contractor shall timely, accurately and
properly comply with the requirement to submit an annual
‘employment report for the contract to the agency that awarded
January 2014 ‘STAMMAND CLASES OR WYS CONTRACTS.
the contract, the Department of Civil Service and the State
Comptroller
24, PROCUREMENT LOBBYING. To the extent this
agreement is a "procurement contract” as defined by
State Finance Law Sections 139+) and 139k, by signing this
agreement the contractor certifies and affirms that all
disclosures made in accordance with State Finance Law
Sections 139.) and 139-k are complete, true and accurate, In
the event such certification is found to be intentionally false or
imentionally incomplete, the State may terminate the
agreement by providing written notification to the Contractor
in accordance with the terms ofthe agreement
25. CERTIFICATION _OF REGISTRATION TO
COLL ES_AND COMPENSATING USE_TAX
BY CERT) ATE CONTRAC AFFILIATES
AND SUBCONTRACTORS,
To the extent this agreement is a contract as defined by Tax
Law Section S.a, if the contractor fails 10 make the
certification required by Tax Law Section 5-a or if during the
term of the contract, the Department of Taxation and Finance
fr the covered ageney, as defined by Tax Law 5-2, discovers
that the certification, made under penalty of perjury, is false,
then such failure to file oF false certification shall be a material
breach of this contract and this contract may be terminated, by
providing written notification to the Contractor in accordance
with the terms of the agreement, if the covered agency
determines that such action isin the best interest ofthe State,
26. IRAN DIVESTMENT ACT, By entering imo this
‘Agreement, Contractor certifies in accordance with State
Finance Law §165-a that itis not on the “Entities Determined
to be Non-Responsive BiddersOfferers pursuant to the New
York State Iran Divestment Act of 2012" (“Prohibited Entities
List”) posted at
hnp//ownw 04 av gov/abourregs\Joes/Listflmtities pdf
Contractor further certifies that it will not utilize on this
Contract any subcontractor that is identified on the Prohibited
Entities List, Contractor agrees that should it seek to renew or
‘extend this Contract, i must provide the same certification at
the time the Contract is renewed or extended, Contractor also
‘agrees that any proposed Assignee of this Contract will be
required to certify that itis not on the Prohibited Entitis List
before the contract assignment will be approved by the State.
During the term of the Contract, should the state agency
receive information that a person (as defined in State Finance
Law §165-8) is in violation of the above-referenced
certifications, the state agency will review such information
and offer the person an opportunity to respond. If the person
fails to demonstrate that it has ceased its engagement in the
investment activity which is in violation of the Act within 90
days after the determination of such violation, then the state
agency shall take such action as may be appropriate and
provided for by law, rule, or contract, including, but not
Page 7
limited to, imposing sanctions, seeking compliance,
recovering damages, or declaring the Contractor in default,
‘The state agency'reserves the right to reject any bid, request
for assignment, renewal or extension for an entity that appears
‘on the Prohibited Entities List prior to the award, assignment,
renewal or extension of a contract, and to pursue a
responsibilty review with respect fo any entity that is awarded
‘8 contract and appears on the Prohibited Entities list after
contract award.
January 2014 APPENDIX B
Statement of Work between DOCCS and JPay, Inc. @ Corrections Services Statement of Work
NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
(yspoccs)
Project Objectives
This Statement of Work is being made pursuant to the Participating Addendum entered into by the New York State Office of General
Services (*NYSOGS") on behalf of the New York State Department of Corrections and Community Supervision (*NYSDOCCS") and JPay
'nc. ("Pay") having a termination date of july 31, 2022 (the “Participating Addendum"). Pursuant to the Participating Addendum, Pay
willbe the provider of money transfer, release debit cards, music downloads, email and related products, media account funding, and
all other tablet-based technology services covered inthis agreement and outlined in Exhibit A attached hereto, All services mentioned
inthis SOW are included in JPay's NASPO contract,
Scope
4. Funding and Media Services (Including Release Debit Cards upon releose)-JPAY will be the exclusive provider of these
services.
Funding,
a. Media Funding Services
|. Services will allow inmates the ability to purchase media credits via the kiosk using funds from their inmate
trust account. The use of these services wil afford the inmate the option to participate in a pay-per-use JPay
service, These credits are non-transferable nor refundable at any time, including at the time of release,
however, will be processed in accordance with the Section 1304 of New York’s Abandoned Property Law,
Section 128 of New York’s Finance Law and New York State policies and procedures relating thereto
nttp://www.ose.state.ny.us/ouf/reporters/files/outhandbook.pdf
i. Fees are displayed in Exhibit &
'b, Inmate Trust Account Funding Services
|. Money Transfer services for NYSDOCCS will utilize the following:
1. Lockbox ~ NYSDOCCS will publicize the IPay money order PO Box as the exclusive mailing address
to send money orders to fund inmate trust accounts, NYSDOCCS will continue to publicize this
address and policy/procedure on the NYSDOCCS website,
2. The NYSDOCCS will utiize JPay’s money transfer ralls (including but not limited to via
‘ww. JPay.com, facility lockbox, at MoneyGram locations, and via telephone) as methods for Friends
Family to fund an inmate's account.
3. Pay will id in moving money from facity to facility (specific Bank accounts) when an inmate is
relocated and the facility where the inmate transfers from will sue a check payable in the amount
fof the funds JPay transfers atthe end of each week.
4. The NYSDOCCS will have the ability to deposit checks, such as, but not limited to, Government
Issued, settlement or estate checks, either into the fecltylockbox at no cost or deposit directly into
‘the inmate's account
fi, Fees are displayed in Exhibit A
© Release Debit Cards:
1. NYSDOCCS will issue JPay Release Debit Cards to released inmates (over the age of 18) as means to disperse.
funds left on an inmate's Trust Account at time of release.
£2864 Biscayne Blvd, Suite 243 | Miami, FL 38a es Pay.com| 954-8606 4 JPayandits sponsor bank may impose 2 minimum foad amount should itbe deemed necessary. The minimum
amount shall not be less than $5.00 or more than $40.00.
li, Release Debit Cards may be used in conjunction with @ NYSDOCCS-sponsored work release program with a
separate fee structure than what is discussed in Exhibit A.
Iv. Fees are displayed in Exhibit A
‘Media (kiosk and Tablet Services)
N¥SDOCCS shall have discretion as to whether it shall agree to utilize any of the following media services atthe rates set forth
in the Pricing Exhibit (Exhibit A):
3. 2-Way Email with content scanning ~ JPay will be the exclusive provider ofthis service
iL Attachments Available
1. Picture (including eCards)
2. Video Attachment /VideoGram
li Printouts of text / pictures at inmate expense
b. Video Visitation
©. JPS Tablet
|. JPay will provide a P38 (7inch} tablet for each inmate as directed by NYSDOCCS for the life of the SOW
These tablets will be on a “Yoan” basis for theic use while incarcerated; when released the tablet must be
Fetured in working order to JPay.
2. Pay will nt hold NYSDOCCS liable for damaged tablets; hawever, JPay will work with NYSDOCCS
Jn recouping costs from an inmate who damages a tablet and/or kiosk with malice.
ii, Tablets isued to inmates may be refurbished units
'\._JPay reserves the right to deny a tablet to an inmate who has destroyed or damaged JPay property in the
past. JPay wil work with the NYSDOCCS if this eccurs,
\. JPay will provide a mechanism at no cost to the released inmate or state to provide him/her with all
purchased games and music at their release,
VL Each tablet will come with a set of earbuds and charger that have been reviewed and approved by
NYSDOCCS. Replacement pieces can be purchased via the JPay kiosk at prices described in Exhibit A
4. Tablet (Player) Produets ~ Pricing is described in Exhibit A, — pay willbe the exclusive provider of these services
iL Music downloads
Single Songs
+ Fullslbums
Video downloads (Ka Lite Videos)
‘i Education {including Lantern and News Store}
i. E-books
v. Movie Rentals
vi Games
vil. Accessories
All content that is offered to the inmate population must be reviewed and approved by NYSDOCCS.
& Value-Added Services (these Value-Added Services shall be made available to NYSDOCCS at no additional cost; JPay
‘and NYSDOCCS can discuss them ata later date):
|. PREA Reporting
1286 Biscayne Bld. Suits
[Mian FL 33282 | ser Pay cor
954-362-8360 2 @ Corrections Services
ii. Grievances / Information Center for inmates
ii. Commissary Ordering via iFrame
4M Network and Infrastructure
In general, Pay requires the following infrastructure availabe at each location:
1. Internet access, 3MB download/upload bandwidth (Equivalent of 2 bonded 71) or better depending on the number
of kiosks ata given site,
2. Network access at each kiosk location via CAT S network cabling (cable runs of 100 meters or les). JPay can share
existing network infrastructure and can provide appropriate appliances to Supplement the facilty’s network where
necessary.
3. For long cable runs, fiber optic cable is necessary. JPay requires two strands of multi-mode fiber. JPay will provide
media converters as necessary in cases where the facity makes unused fiber avallable. JPay can also share existing
fiber with the facility through VLAN configuration, JPay can provide appliances to perform ths function if necessary.
‘As an alternative, Pay, with NYSOOCCS permission, wll be permitted ta use Wi-Fi andor WieMax connectivity
Electrical power in the form of a standard outlet is required at each kiosk location,
Pay wil with the approval and guidance af NYSDOCCS, deploy broadband networks, both wired and wireless if approved), in all
‘agreed upon NYSDOCCS facilities. If NYSDOCCS has any available conduit, dark fiber, or Ethemet cable availabe, JPay will first use
these resources, Pay will provide broadband connectivity and infrastructure at its cost should NYSDOCCS not have broadband or
infrastructure available, Pay wil nstll kiosks at a ratio of 1:75 or as needed at agreed upon locations. The final number of kiosks
{and types of networks will be determined upon mutual agreement of both parties after site tours are complete.
ML Technical integration
JPay agrees to work with NYSDOCCS (or its designee) in setting up o file integration with the Inmate Management system, JPay
‘grees that the inmate lookup will be done via Web Services while a file-swap method will be used to transfer actual deposit fies,
‘n adctional integration with the IMS wil be completed allowing inmates to move money direct from their trust account to the
Jay Media account. Documents on current file specifications will be made available in a later Exhibit. Netther party wll charge 2
fee for any costs associated with integrating JPay and NYSDOCCS' Inmate Management System,
Relating to Money Transfer, all funds corresponding to each day’s payments are remitted to the specified bank via an Automated
Clearing House ("ACH") credit each banking day. The ACH is received within 24-48 business (banking) hours and al und transfers
{are detailed in batch reports available on JPay's DOC staf interface,
IV, Service Level Agreements
Kiosk and network issues are resolved within the following timeframe: between 4 hours and 4 business days. Resolution may take
44 days or longer is if ths issue is considered an exception, Le. we are waiting on an order for spare parts, we need to repair
damaged fiber, clearance delays, escort issues, etc, Some issues require NYSDOCCS assistance, such as power and network
failures
'ssue reporting, communications, and resolutions are handled by JPay’s Help Desk Team, Field Engineering Team, and NOC
(Network Operation Center)
The Help Deskis responsible for technician clearances, scheduling, assistance with mailroom PC's, inquiries from investigators,
Trust Accountants, and other staf
2286) Biscayne Bd. Sut Onsite Field Engineers are deployed to resolve hardware, network, and power issues. For all onsite calls, our goal isto have
Someone on site within 48 hours ofthe issue being identified and reported, Asi is not always possible to have someone onsite
within 48 hours, we aim to have someone onsite no later than 4 business days not including the exceptions described above
The NOC detects prolonged downtime by watching the netwark and the frequency of inmate logins. The NOC performs
emote reboots to resolve the vast majority of kiosk outages on the same day that they're reported. Ifan issue is not
tected by the NOG, its most likely detected in the inmate support tickets and in the direct communication from the
NYSDOCCS staff vie email and phone.
‘Sa general rule, Kiosks are much more complicated than inmate phones and JPay fully understands the hyper-sensitivity of
hhaving the kiosks up and running as much 2s possible.
V. Personnel
Pay agrees to hirea minimum of 2 New York state based Field Engineers to service JPay's kiosks and networks, These Field
Engineers will be supported by JPay’s 24-hour Network Operations Center. JPay willassign an Account Manager who is available
24-7 who will act asthe main point of contac for the contract. The Account Manager will be supported by JPay’s Help Desk, so
NYSDOCCS staff always have a contact should they need assistance.
Vi. Morketing
For a successtul launch, itis imperative that the inmate population, friends and families are well aware of the service and its
offerings. Before launching any service, NYSDOCCS will notify the public about the details ofthe progcam. The NYSDOCCS website
will be updated to include JPay product information, instructions an how to use JPay, and a link to our customized New York State
landing page. JPay will work with NYSOOCCS to distribute printed materials.
Vi. Training
‘Pay will deploy a tear that will work with NYSDOCCS’ designated point of contact to customize the training deliverables and
‘objective. Training wil generally be conducted using live training, remote training, and content anid literature distribution,
Upon turning on the kiosks at each facility, the Pay Account Manager will conduct onsite training with staff and with inmates by
doing inmate town hall sessions. This willbe coordinated between the Account Manages and NYSDOCCS staff upon each site
launch,
482y may also produce infornercials forthe intra cuit TV system in the prisons which must be reviewed and approved by
nvspoccs.
4Pay's inmate ticket team handles inquiries on a dally bass.
‘Suggested attendees for training sessions (training sessions ore organized by respective roles)
1. Superintendent
2. Security Personnel
3. Inmate Accounts / Business Office Personne!
4. Deputy Superintendent
5. Guidance staff
vn. SOW Term
2864 Biscayne Bhd. Suits
43 [Miami FL 33382] wie tPa ‘The term ofthis Statement of Work shall commence on the date of signature by the NYS Office of the State Comptroller and will
Continue until uly 31, 2022.
‘SOW APPROVED AND AGREED TO:
New York State Department of Corrections
‘ommunity Supervision
WK Dou er
(Rothorized Signature)
Sandra Downey
(Print or Type Name of Signatory)
sPay nc.
Gathorized signature)
Errol Feldman
(rint or Type Name of Signatomy)
oy RECON
0
fits DODGET EF Titiey
Gl tA\ it Sir
(Date) (Date)
1204 Biscayne Bled. Suite 243 | Miami, FL 33282 | APPENDIX C
MWBE & EEO Information APPENDIX C
PARTICIPATION BY MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES:
REQUIREMENTS AND PROCEDURES
L
A.
General Provisions
The Department of Corrections and Community Supervision (hereinafter referred to as
“DOCCS") is required to implement the provisions of New York State Executive Law
Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations
CNYCRR") for all State contracts, as defined therein, with a value (I) in excess of $25,000
for labor, services, equipment, materials, or any combination of the foregoing ot (2) in
excess of $100,000 for real property renovations and construction.
‘The contractor to the subject contract (the “Contractor” and the “Contract,” respectively)
agrees, in addition to any other nondiscrimination provision of the Contract and at no
additional cost to “DOCCS, to fully comply and cooperate with DOCCS in the
implementation of New York State Executive Law Article 15-A and the regulations
promulgated thereunder. These requirements include equal employment opportunities for
minority group members and women (“EEO”) and contracting opportunities for New York
State-certified minority and women-owned business enterprises (“MWBEs"). The
Contractor's demonstration of “good faith efforts” pursuant to 5 NYCRR § 142.8 shall be
a part of these requirements. These provisions shall be deemed supplementary to, and not
in lieu of, the nondiserimination provisions required by New York State Executive Law
Article 15 (the “Human Rights Law”) and other applicable federal, state, and local laws.
Failure to comply with all of the requirements herein may result in a finding of non-
responsiveness, non-responsibility and/or a breach of contract, leading to the assessment
of liquidated damages pursuant to Section VIL of this Appendix and such other remedies
are available to DOCCS pursuant to the Contract and applicable law.
Contract Goals
For purposes of this procurement, DOCCS has determined that the contract does not offer
sufficient opportunities to set goals for participation by MWBEs as subcontractors, service
providers and suppliers to the awarded contractor. Contractor is encouraged to make every
good faith effort to promote and assist the participation of New York State Certified
Minority and Women-owned Business Enterprises (MWBE) on this contract for the
provision of services or materials. To locate New York State Certified MWBEs, the
directory of Certified Businesses can be viewed at: https://ny.newnycontracts.com
For purposes of providing meaningful participation by MWBEs on the Contract and
achieving the MWBE Contract Goals established in Section II-A hereof, the Contractor
should reference the directory of MWBEs at the following intemet address:
hups://ny.newnycontracts, APPENDIX C
Additionally, the Contractor is encouraged to contact the Division of Minority and
Women’s Business Development at (212) 803-2414 to discuss additional methods of
maximizing participation by MWBEs on the Contract.
C. The Contractor understands that only sums paid to MWBEs for the performance of a
‘commercially useful function, as that term is defined in 5 NYCRR § 140.1, may be applied
towards the achievement of the applicable MWBE participation goal.
‘The portion of a contract with an MWBE serving as a broker that shall be deemed to represent the
commercially useful function performed by the MWBE shall be 25 percent of the total value of
the contract.
1D. The Contractor must document “good faith efforts,” pursuant to 5 NYCRR § 142.8, to
provide meaningful participation by MWBEs as subcontractors and suppliers in the
performance of the Contract. Such documentation shall include, but not necessarily be
limited to:
1, Evidence of outreach to MWBEs;
2. Any responses by MWBEs (o the Contractor's outreach;
3. Copies of advertisements for participation by MWBEs in appropriete general
circulation, trade, and minority or women-oriented publications;
4. The dates of attendance at any pre-bid, pre-award, or other meetings, if any, scheduled
by DOCCS with MWBEs; and,
5. Information describing specific steps undertaken by the Contractor to reasonably
structure the Contract scope of work to maximize opportunities for MWBE
participation
II]. Equal Employment Opportunity (“EEO”)
A. The provisions of Article 15-A of the Executive Law and the rules and regulations
promulgated thereunder pertaining to equal employment opportunities for minority group
‘members and women shall apply to the Contract,
B. In performing the Contract, the Contractor shall:
1. Ensure that each contractor and subcontractor performing work on the Contract shall
undertake or continue existing EEO programs to ensure that minority group members
and women are afforded equal employment opportunities without discrimination
because of race, creed, color, national origin, sex, age, disability or marital status, For
these purposes, EEO shall apply in the arcas of recruitment, employment, job
assignment, promotion, upgrading, demotion, transfer, layoff, ot termination and rates,
of pay or other forms of compensation.
2. The Contractor shall submit an EEO policy statement to DOCCS within seventy-two
(72) hours after the date of the notice by DOCS to award the Contract to the Contractor.
If the Contractor, or any of its subcontractors, does not have an existing EEO policy
statement, DOCCS may require the Contractor or subcontractor to adopt a model
statement (see Form ~ Equal Employment Opportunity Policy Statement). APPENDIX C
4. ‘The Contractor's EEO policy statement shall include the following language:
a. The Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, national origin, sex, age, disability, or
‘marital status, will undertake or continue existing EEO programs to ensure that
minority group members and women are afforded equal employment opportunities
without discrimination, and shall make and document its conscientious and active
efforts to employ and utilize minority group members and women in its work force.
b. The Contractor shall state in all solicitations or advertisements for employees that,
in the performance of the contract, all qualified applicants will be afforded equal
employment opportunities without discrimination because of race, ereed, color,
national origin, sex, age, disability or marital status
¢, The Contractor shail request each employment agency, labor union, or authorized
representative of workers with which it has a collective bargaining or other
agreement or understanding, to furnish a written statement that such employment
agency, labor union, or representative will not discriminate on the basis of race,
creed, color, national origin, sex age, disebility or marital status and that such union
or representative will affirmatively cooperate in the implementation of the
Contractor's obligations herein.
4. The Contractor will include the provisions of Subdivisions (a) through (c) of this
Subsection 4 and Paragraph “E” of this Section Ill, which provides for relevant
provisions of the Human Rights Law, in every subcontract in such a manner that
the requirements of the subdivisions will be binding upon each subcontractor as to
work in connection with the Contract.
C. Form EEO 100 - Staffing Plan
To ensure compliance with this Section, the Contractor shall submit a staffing plan to
document the composition of the proposed workforce to be-utilized in the performance of
the Contract by the specified categories listed, including ethnic background, gender, and
Federal occupational categories. The Contractor shall complete the staffing plan form and.
submit itas part of their bid or proposal or within a reasonable time, as directed by DOCCS..
D. Form BEO-I - Workforce Utilization Report
1. The Contractor shall submit a Workforce Utilization Report, and shalll require each of
its subcontractors to submit a Workforce Utilization Report, in such form as shall be
required by DOCCS on a QUARTERLY basis during the term of the Contract.
2. Separate forms shall be completed by the Contractor and any subcontractors.
E. The Contractor shall comply with the provisions of the Human Rights Law, and all other
State and Fedetal statutory and constitutional non-discrimination provisions, The
Contractor and its subcontractors shall not discriminate against any employee or appli
for employment because of race, creed (religion), color, sex, national origin, sexual
orientation, military status, age, disability, predisposing genetic characteristic, marital APPENDIX C
status or domestic violence victim status, and shall also follow the requirements of the
Human Rights Law with regard to non-discrimination on the basis of prior criminal
conviction and prior arrest
IV. Quarterly MWBE Contractor Compliance Report
The Contractor is required to submit a quarterly MWBE Contractor Compliance Report through
the NYSCS, provided, however, that the Contractor may arrange to provide such report via a non-
electronic method to DOCCS by the 10 day following the end of each quarter or month as
applicable during the term of the Contract.
V. Liquidated Damages - MWBE Participation
A. Where DOCCS determines that the Contractor is not in compliance with the requirements
of this Appendix and the Contractor refuses to comply with such requirements, or if the
Contractor is found to have willfully and intentionally failed to comply with the MWBE
ation goals, the Contractor shall be obligated to pay to DOCCS liquidated damages.
B. Such liquidated damages shall be calculated as an amount equaling the difference betweet
1. All sums identified for payment to MWBEs had the Contractor achieved the contractual
MWBE goals; and
All sums actually paid to MWBES for work performed or materials supplied under the
Contract.
C. In the event a determination has been made which requires the payment of liquidated
damages and such identified sums have not been withheld by DOCCS, the Contractor shall
pay such liquidated damages to DOCCS within sixty (60) days after they are assessed.
Provided, however, that if the Contractor has filed a complaint with the Director of the
Division of Minority and Women’s Business Development pursuant to S NYCRR §
142.12, liquidated damages shall be payable only in the event of a determination adverse
to the Contractor following the complaint process. APPENDIX D
Originating Contract, RFP/Contract #1901 including
Amendments nly
REVICONTRACT 6 19
STATEWIDE MASTER SERVICE AGREEMENT FOR SERVICES OF INDEPENDENT
CONTRACTOR
A Contract between the National Association of State Procurement Officials (NASPO) and the Multi-State
Corrections Procurement Alliance (MCPA)
‘Acting by and through the State of Nevada
Department of Administration
Purchasing Division
515 E, Musser Street, Suite 300
Carson City, Nevada 89701
Contact: Ronda Miller, Parchasing Officer
Phone: (775) 684-0182 Fax: (775) 684-0188
email: choi ‘chasing stateynv.us
and
Pay Inc.
12864 Biscayne Blvd, Suite 243
Miami, Florida 33181
Contact: Errol Feldman, General Counsel
Phone: (305) 77-5543 Fax: (305) 893-8895
E-mail: efeldman@ipay.com
Pursuant to Nevada Revised Statute (NRS) 277.100, NRS 277.110, NRS 333.162(1)(4), and NRS 333.480
the Chief of the Purchasing Division of Nevada is authorized to enter into cooperative group-contracting
‘consortium,
‘The National Association of State Procurement Officials (NASPO) and the Multi-State Corrections
Procurement Alliance (MCPA) is a cooperative group-contracting consortium for state government
Gepartments, institations, agencies and political subdivisions (Le., colleges, school districts, counties,
cities, ete.
In consideration of the above premises, the parties mutually agree as follows:
1. REQUIRED APPROVAL, This contract shall not become effective until and unless approved by the
‘Western States Contracting Alliance Board of Directors.
2. DEFINITIONS. “NASPO" means the National Association of State Procurement Officials, “MCPA”
means the Multi-State Corrections Procurement Alliance. “State” and/or “Lead State” means the State of
Nevada and its state agencies, officers, employees and immune contractors as defined in NRS 41.0307.
“Participating State(s)” means state(s) that have signed (and not revoked) an Intent to Contract at the time of
the award of this contracl, or who have executed a Participating Addendum. “Buyer” means any
NASPO/MCPA. agency or political subdivision participating under this contract. “Contractor” and/or
fective 0407
ope 1 10 Contracting Agency” means a person or entity that performs services and/or provides goods for
NASPO/MCPA under the terms and conditions set forth in this contract, “Solicitation” means REP #1901
incorporated herein as Attachment AA. “Fiscal Year” is defined as the period beginning July 1 and ending
June 30 of the following year.
3. CONTRACT TERM, This contract shall be effective from August 1, 2011 subject to NASPO/MCPA,
Board of Directors’ approval to July 31, 2015, unless sooner terminated by either party as specified in
paragraph (20). Fu
4. CANCELLATION OF CONTRACT: NOTICE, Unless otherwise stated in the special terms and
conditions, any contract entered into as a result of the Solicitation may be canceled by either party upon
written notice sixty (60) days prior to the effective date of the cancellation. Further, any Participating State
‘may cancel its participation upon thirty (30) days written notice, unless otherwise limited or stated in the
special terms and conditions of the Solicitation. Cancellation may be in whole or in part. Any cancellation
under this provision shall not effect the rights and obligations attending orders outstanding at the time of
cancellation, including any right of any Participating State to indemnification by the Contractor, rights of
Payment for goods/services delivered and accepted, and rights attending any warranty or default in
performance in association with any order. Cancellation of the contract due to Contractor default may be
immediate,
5, INCORPORATED DOCUMENTS. The patties agree that the scope of work shall be specifically
desoribed; this contract incorporates the following attachments in descending order of constructive
precedence:
ATTACHMENT AA: _ SOLICIDATION #1901 (SCOPE OF WORK) AND AMENDMENTS 1,234, AND 5;
ATTACHMENT BB: INSURANCE SCHEDULE; AND
ATTACHMENT CC: CONTRACTOR'S RESPONSE
A Contractors attachment shall not contradict or supersede any NASPO/MCPA specifications, tems ot
‘conditions without written evidence of mutual assent to such change appearing in this contract.
6, ASSENT. The patties agree that the terms and conditions listed on incorporated attachments of this
contract are also specifically a part of this contract and are limited only by theit respective order of
precedence and any Limitations specified,
7. BID. SPECIFICATIONS. Contractor cettfies that any deviation from the specifications in the scope of
work, incorporated herein as part of Attachment AA, have been clearly indicated by Contractor in its
response, incorporated herein as Attachment BB; otherwise, it will be considered that the bid is in strict
compliance. Any BRAND NAMES of manufacturers’ numbers are stated in the specifications are
intended to establish a standard only and are not restrictive unless the Solicitation states “no substitute,”
and unless so stated, bids have been considered on other makes, models or brands having compatable
quality, style, workmanship and performance characteristics. Alternate bids offering lower quality or
inferior performance have not been considered.
8. ACCEPTANCE OR REJECTION OF BIDS, AND AWARD. NASPO/MCPA has the right to accept
or reject any or all bids o parts of bids, and to waive informalities therein, ‘This contract is based the
lowest responsive and responsible bid and meets the specifications of the Solicitation and terms and
fecive 0607
Page2 of10 conditions thereof. Unless stated otherwise in the Solicitation, NASPO/MCPA has the tight to award
items separately or by grouping items in a total lot
9. BID SAMPLES. Any required samples have been specifically requested in the Solicitation. Samples,
when required, have been furnished free of charge. Except for those samples destroyed or mutilated in
testing, samples will be returned at a bidder's request, transportation collect.
10. CONSIDERATION. The parties agree that Contractor will provide the services specified in paragraph
(5). Contractor shall report contract utilization and pay an administrative fee of .5% of the total kiosk
spend to MCPA, paid quarterly within 60 days of the end of the quarter, Inmates or family/friends of
inmates to be charged a transaction fee for each service as listed in contractor's cost proposal.
\/ , CONTRACT TERM. This contract shall be effective ftom August 1, 2011 subject to NASPO/MCPA Board of
Ditecfors’ approval o July 31,2018, unless sooner terminated by either party as specified in paragraph (20)
2, INCORPORATED DOCUMENTS. Exhibit | (Original Contract) is attached hereto, incorporaed by reference
herein and made a part of this amended contract.
3, REQUIRED APPROVAL, This amendment to the original contract shall not become effective until and unless
‘approved by the Nevada State Bostd of Examiners,
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STATEWIDE MASTER SERVICE AGREEMENT FOR SERVICES OF INDEPENDENT.
CONTRACTOR:
AMENDMENT # 02
A Contract between the National Association of State Procurement Officials (NASPO) and the Multi
Corrections Procurement Alliance (MCPA)
Acting by and through the State of Nevada
sing Division
515 E. Musser Street, Suite 300
Carson City, Nevada 89701
Contact: Ronda Miller, Purchasing Officer
Phone: (775) 684-0182 © Fax: (775) 684-0188
E-mail: rimiller@
and
JPay Inc.
12864 Biscayne Bivd, Suite 243
‘Miami, Florida 33181
Contact: Entol Feldman, General Counsel
Phone: (305) 577-5543 Fax: (305) 893-8895
Esmail: efeldman@ipay.c
1. AMENDMENTS. For and in consideration of mutual promises and/or their valuable considerations, all provisions of
the original contract resulting from Reguest for Proposal #1901 and dated July 19, 2011, attached hereto as Exhibit B,
remain in full force and effect withthe exception of the following:
‘A. To extend the current contract from July 31, 2018 to July 31, 2022 t@ allow vendors ample time to recoup their
costs Yap exberon etd
Current Contract Laneuage:
3. CONTRACT TERM, This contact stall be effective from August 1, 201) subject to NASPO/MCPA Board of
Directors’ approval to July 31,2018, unless sooner terminated by either party as speviied in paragraph (20)
Amended Contract Language:
3, CONTRACT TERM, This contract shal be effective from August 1, 2011 subject to NASPO/MCPA Board of
Directors’ approval to July 31,2022, unless sooner terminated by either party as specified in paragraph (20).
2. INCORPORATED DOCUMENTS. Exhibit | (Original Contract) is atesched hereto, incorporated by reference
herein and made part ofthis amended contract.
REQUIRED APPROVAL, ‘This amendment to the original contract shall not become effective until and unless
approved by the Nevada State Board of Exeminers,
Revised: O74 State of Neda fan Stora
Department of Adminecn Gover
Pcatg Divan
SSE ber Steet Soe 30 gS
Canon iy. NV 49701 ‘ear
SUBJECT: Amendment No, 5 to Request for Proposal No. 1901
DATE OF AMENDMENT: April 26, 2011
DATE OF RFP RELEASE: March 24, 2011
DATE AND TIME OF OPENING: May 4, 2011 @ 2:00 p.m. err 7
AGENCY CONTACT: Ronda Miller, Senior Buyer frmendmest i
ss
The following shall be a part of RFP No. 1901 for Inmate Kiosks. Ifa venc .
4 proposal and any of the information provided below changes that proposal, please submit the
changes along with this amendment. You need not re-submit an entire proposal prior to the
opening date and time.
RFP EVALUATION COMMITTEE REVISION:
Section 8.3.1; Part I: Technical Proposal, Copy to be sent to New Evaluator
Warden Steve Hargett
40 Pippin Road/ PO Box 160
Newcastle, WY 82701
Phone: 307-746-4436
Attached file is complete list of evaluators:
RFP 1901 USTOF
EVALUATORS. pot
Uf you are unable to access the above inserted file,
‘please contact Nevada State Purchasing at
iohipurchasing state v.us
foran emailed copy.
ALL ELSE REMAINS THE SAME FOR RFP 1901.
‘Vendor shall sign and return this amendment with proposal submitted.
NAME OF VENDOR
AUTHORIZED
SIGNATURE
TITLE DATE
RFP 1901 Aniendmient §
‘This document mast be submitted in the “State
Documents” section/tab of vendors’ technical proposal
Amendment 5 ‘RFP 1901 Page I off Ste of Nevada Brian Sandoval
Deparment of Adminstration Governor
Purchasing Divison
S15 E-Musser Stet, Sie 300 Greg Smit,
Carson City, NV 89701 Administrator
SUBJECT: Amendment No. 4 to Request for Proposal No. 1901
DATE OF AMENDMENT: April 20, 2011
DATE OF RFP RELEASE: Mareh 24, 2011 =
DATE AND TIME OF OPENING: May 4, 2011 @ 2:00 p.m.
AGENCY CONTACT: Ronda Miller, Procurement Staff Mem vend +
The following shall be a part of REP No. 1901 for Inmate Kiosks. Ifa vendor |
a proposal and any of the information provided below changes that proposal, please submit the
changes along with this amendment. You need not re-submit an entire proposal prior to the
opening date and time.
ADDITIONAL STATE INTENDING TO PARTICIPATE:
Hawaii
CLARIFICATION TO QUESTION 20 FROM THE STATE OF NEVADA:
STATED:
20. How many electronic messages is the DOC receiving per year? + Incoming * Outgoing
NV ~ None; NDOC currently does not allow electronic mail.
SHOULD STATE:
20. How many electronic messages is the DOC receiving per year? + Incoming * Outgoing
NV -NDOC currently allows incoming electronic mail. 12 month average is 5300 per
month,
ALL ELSE REMAINS THE SAME FOR REP 1901.
‘Vendor shall sign and return this amendment with proposal submitted,
NAME OF VENDOR
AUTHORIZED
SIGNATURE
TITLE DATE
REP 1901 Amendment 4
‘This document must be submited in the “State
Documents” section/tab of vendors’ technical proposal
Amendment 4 REP 1901 Page lof ‘State of Nevada
ian Sova
Depart cf Admin Governor
Parsing Dvn
SISE- Moser Set, Site 300 Steg Smith
Canon Cay, NV HAE) Administer
SUBJECT: Amendment No. 3 to Request for Proposal No. 1901
DATE OF AMENDMENT: April 15, 2011
DATE OF RFP RELEASE: March 24, 2011” ere
DATE AND TIME OF OPENING: May 4, 2011 @ 2:00 p.m. Provence t™ 3
AGENCY CONTACT: Ronda Miller, Procurement Staff Memb:
—..
The following shall be a part of RFP No. 1961 for Inmate Kiosks. If vendor has already returned
a proposal and any of the information provided below changes that proposal, please submit the
changes along with this amendment. You need not re-submit an entire proposal prior to the
opening date and time,
ANSWER TO QUESTION 11 FROM THE STATE OF VIRGINIA:
11, How many housing units are at each facility?
VA DOC Housing Une
ists
‘Wf you are unable to access the above inserted fle,
‘lease contact Nevada Stare Purchasing at
sropurchiaperchasing stteux
foran em
ALL ELSE REMAINS THE SAME FOR RFP 1901.
‘Vendor shall sign and return this amendment with proposal submitted
NAME OF VENDOR
AUTHORIZED
SIGNATURE
TITLE DATE
REP 1901 Amendment 3
}cument must be submitted in the “State
Documents” section/tab of vendors” technical proposal
Amendment 3 REP 1901 Page lof State of Nevada Brian Sanoval
Deparanart of Adminisaton Governor
Purchasing Divison
SIE, Masser trex, Suite 300 Greg Smith
Carson Ciy, NV 89701 Adiisuatr
SUBJECT: Amendment No. 2 to Request for Proposal No. 1901
DATE OF AMENDMENT: April 14, 2011
DATE OF RFP RELEASE: March 24, 2011
DATE AND TIME OF OPENING: May 4, 2011 @ 2:00 p.m.
AGENCY CONTACT: Ronda Miller, Procurement Staff Member
The following shall be a part of REP No. 190] for Inmate Kiosks. 1fa vendor has already returned
proposal and any of the information provided below changes that proposal, please submit the
changes along with this amendment. You need not re-submit an entire proposal prior to the
opening date and time,
CLARIFICATION ON QUESTIONS FROM AMENDMENT 1: ere
a
STATED: Borwerchne t=
13, What is the total $ amount of trust fund deposits?
NV- For the entire month of March 2011, our trust fund deposits,
ODRC — Ave $3M/mo. Approx. $2,045,000 is deposited into the Offender Trust fund on
@ monthly basis.
WY - $998,786.79 (via mail room only).
SHOULD STA‘
13. What is the total $ amount of trust fund deposits?
NV- For the entire month of March 2011, our trust fund deposits totaled $879,490.49.
ODRC— Ave $3M/mo.
VI- Approx. $2,045,000 is deposited into the Offender Trust fund on a monthly basis,
WY - $998,786.79 (via mail room only).
ANSWERS TO QUESTIONS FROM THE STATE OF ARIZONA:
1. Who is the Department of Corrections current Jail Management provider?
AZ~N/A
‘Amendment 2 REP 1901 Page 1 of 5 5.
10.
nt
12.
13.
‘Who is the current phone vendor?
AZ - Evercom Securus.
Who is the current commissary vendor?
AZ - Keefe Commissary network.
Will the DOC provide all necessary electric power and cabling for kiosks in cach facility?
AZ-No, ADC will not provide all necessary electric power and cabling for kiosks in each
facility.
In Section 3.2.1.4 there is a requirement for the Ability to Translate information - what
information is required to be translated?
AZ - Translation services are not anticipated as necessary; bilingual instructions and
menus (English/Spanish) would be necessary.
In Section 3.2.1.6 there is a requirement for video visitation, does the DOC require this,
service to be offered on a separate/ stand alone kiosk from the other applications?
AZ - ADC does not require video visitation service.
Section 3.2.2 what is the operating s
application to run on?
AZ - ADC does not have a designated operating system on which kiosk applications will
be required to be run.
stem designated by the DOC for the kiosks
With all the varying types of kiosks, can a vendor respond with the types of kiosks they are
able to provide?
AZ - Yes.
Will winning this RFP mean that the company that wins can install kiosks in Nevada DOC
right away to take payments?
AZ - N/A.
Is this contract binding for all the DOC’s in the alliance?
AZ- N/A.
How many housing units are at cach facility?
AZ - ADC has ten (10) state operated prison complexes and five (5) contracted private
prisons in AZ -, with a total of 61 prison units (ranging from 1-8 units per prison
complex). Housing Units range from 1-10 per prison unit. ADC currently has 284
Housing Units for state operated prisons and 30 Housing Units for contracted private
prisons, for a total of 314 Housing Units.
Deposit Services - How many transactions does the DOC process now? * Money order *
Phone + Web + Walk-in
AZ - or the Inmate Trust Account, ADC processes approximately 44,000 money order
transactions per year; approximately 88,000 Western Union transactions per year; and
approximately 24,000 initial inmate intake transactions per year.
What is the total $ amount of trust fund deposits?
‘Amendment 2 REP 1901, Page 2 of 5 14,
1s,
16.
17.
18,
19,
20.
21.
22.
23.
24,
26.
AZ - For the Inmate Trust Account, ADC deposits approximately $36 million per year
from money orders, western union, and initial inmate intake and approximately $18
‘million per year from inmate wages.
Would the DOC climinate taking money orders and allow vendor to provide lockbox
services for money orders?
AZ - Not at this time; however, this may be negotiable as a contract amendment.
Does the DOC process Parole and Probation payments? If so how many transactions of
each of the following? * Money order + Phone + Web + Walk-in
AZ - ADC processes approximately 13,500 Money Orders per year for parole payments.
ADC does not process probation payments.
‘What is the total $ amount of trust parole /probation payments?
AZ - Approximately $708,700 per year for parole payments. ADC does not process
probation payments.
How many inmates are released per year?
AZ - In Fiscal Year 2010 (July 1, 2009-June 30, 2010) the AZ - Department of
Corrections released 20,571 inmates.
‘What is the average amount an inmate is released with?
AZ - $225.00.
Does the DOC give inmates money upon release “gate money”?
AZ- Released inmates are provided $50 in “gate money” for their first release only.
How many electronic messages is the DOC receiving per year? * Incoming * Outgoing
AZ - Inmates do not send or receive electronic messages. The volume of incoming,
outgoing and internal electronic messages is not tracked,
How many paper photos does the DOC receive per year?
AZ - Unknown; this information is not tracked,
How many photos can each inmate have at one time?
AZ-A maximum of thirty (30) photos per inmate.
Video Visitation - Will the inmates allow families to visit remotely (from home)?
AZ-No.
Will the DOC consider reducing their visitation to video only?
AZ-No.
Does the DOC want inmate kiosks for visitation placed in housing units/pods or in separate
area exclusive for Video Visitation?
AZ - ADC does not anticipate utilizing video visitation at this time,
Section 3, 2nd paragraph: As the procurement may result in more than one contract, would
multiple vendors be selected to provide the same service(s) at the DOC or would awarded
vendors be selected to provide only one or several services listed under the procurement?
‘Amendment 2 RFP 190. Page 3 of 5 21.
28,
29.
30.
31.
32.
33.
34,
35,
36.
AZ~ N/A.
Section 3, 3rd paragraph: As vendors may propose on one or more of the system
requirements, will the DOC award individual services to different vendors? For example,
will one vendor be awarded the email service and another vendor awarded the inmate
banking service?
AZ- N/A,
Section 3, 4th paragraph: Can Participating States award the contract to a vendor that was
not awarded the DOC contract?
AL- NAL
Section 3.1.1: Js the DOC looking for a solution that incorporates each of the four kiosk
types or one kiosk with all of these features? If the vendor's solution combines all four
types into one kiosk, how should this be represented in the Cost Proposal?
AZ - N/A
Section 3.2.1.2.2: Will the DOC accept a deposit kiosk solution that does not accept
checks?
AZ- Yes.
Section 3.2.1.10, Application Architecture: Is the DOC looking for the vendor's platform
and whether or not the subsections apply?
AZ- Yes.
Section 3.2.1.11.1 = Which DOC applications would the vendor need to interface with?
AZ - ADC has separate applications for the inmate telephone system (Securus), inmate
banking system, inmate store system, and the ADC AIMS offender management system.
For each of these, the vendor will be required to adhere to a standard format for
integration.
Section 3.2.1.12: Should the vendor propose the vendor's preferred method of connectivity
or is the DOC looking for the vendor to provide one or more methods?
AZ ~ ADC would want the vendor to propose the preferred method of connect
‘would reserve the right to review and approve proposed method of connectivity.
but
Section 3.2.2: Would the DOC be open to the vendor’s designating the kiosk’s operating
system as it is already proven in the ficld?
AZ~ Yes.
Section 3.2.3.9: Is the DOC looking to view this information on the vendor’s system?
AZ~ Yes.
Section 3.2.3.9: What offender management system does the DOC use? If it is not a
proprietary system, will each party be responsible for their own integration costs?
AZ - The ADC AIMS offender management system is a proprietary system. ADC will
require a standard format to be adhered to for integration; therefore there will be no
integration costs for the vendor.
Amendment? HH RFP 1901 Page 4 of 3 37.
38.
39.
Section 3.2.4.3: Is the DOC looking to customize just the text of the error messages or
something else?
AZ- Unknown at this time until a determination can be made to the nature of the error
messages being reported.
Section 3.2.5.1: Is the DOC seeking to view the vendor's remote management?
AZ- Yes.
Section 3.3 Is the DOC willing to share network bandwidth with the vendor? Would the
vendor be allowed to install additional bandwidth (i.e. T1)?
AZ - ADCis open to discussing shared bandwidth with a vendor, dependant on location,
and bandwidth requirements. Vendor may also be required to install an appropriate
circuit,
ALL ELSE REMAINS THE SAME FOR RFP 1901.
Vendor shall sign and return this amendment with proposal submitted.
NAME OF VENDOR
AUTHORIZED
SIGNATURE
TITLE DATE
RFP 1901 Amendment 2
‘This document must be submitted in the “State
Documents” section/tab of vendors’ technical proposal
‘Amendment 2 ‘RFP 1901 Page S ofS Suateof Nevade
Department of Adminstration
Purchasing Divison
SIS E, Musser Ste, Site 200
Caran City, NV 8701
SUBJECT:
DATE OF AMENDMENT:
DATE OF RFP RELEASE:
DATE AND TIME OF OPENING:
AGENCY CONTACT:
Brin Sandova
Govemor
Greg Sith
‘Administer
Amendment No. 1 to Request for Proposal No. 1901
April 13, 2011
March 24, 2011
May 4, 2011 @ 2:00 p.m.
Ronda Miller, Senior Buyer
pre
frrmemamerd |
‘The following shall be a part of REP No. 1901 for Inmate Kiosks. Ifa vendor has aucauy rerumed
a proposal and any of the information provided below changes that proposal, please submit the
changes along with this amendment. You need not re-submit an entire proposal prior to the
opening date and time.
The States abbreviation precedes the individual States answers.
Answers without State abbreviation applies to ALL States.
RFP REVISION:
Section 8.3.1; Part I: Technical Proposal is amended to Nine (9) identical copies. Additional copy
to be sent to:
Arizona Evaluator
Dene! Pickering, Chief Procurement Officer
Arizona Department of Corrections
1645 West Jefferson Street, Ste 4401
Phoenix, Arizona 85007
Attached file is complete list of evaluators:
‘Amendment 1
A
FP 1901 UST OF
EVALLATORS. pat
I.you are unable to access the above inserted file,
‘lease contact Nevada:
te Purchasi
state nus
‘for an emailed copy.
"RFP 1901
Page 1 of 12 QUESTIONS:
1. Whois the Department of Corrections current Jail Management provider? Who is the DOC
Jail/Inmate management system provider? If there is no third party provider how is
information including inmate name, number and location managed and how would the
kiosk software vendor access this information?
NV -Syscon Justice Systems.
OHIO - The Ohio Department of Rehabilitation & Correction (ODRC) uses its own web-
based Department's Offender Tracking System with support from Diversified Systems,
Inc. Depending on the information required, ODRC may provide a flat file via SFTP
with relevant inmate data, such as inmate number, inmate name, dob, etc.
Virginia DOC provides in-house offender management for offenders sentenced to state-
responsible sentences. We do not provide management to offenders in local jails.
WY - Internally developed.
2. Whois the current phone vendor?
AZ - Evercom Securus,
NV - Century Link IC Solutions.
ODRC - Global Tel*Link.
VI - Global Tel-Link
WY ICS.
3. Who is the current commissary vendor?
AZ- Keefe Commissary network,
NV ~ Self operated.
ODRC provides commissary services on-site at all but one facility, which is serviced by
a neighboring institution. Application is CACTAS, by Cashless Systems, Inc.
VI- Keefe Commissary
WY - Cashless Systems Inc. (Cactus).
4, Will the DOC provide all necessary electric power and cabling for kiosks in each facility?
NV-~ Existing capabilities and needs will be determined on a site by site basis.
ODRC will provide electric power and cabling as necessary; however, wireless
communication is preferred, and ODRC will not provide communication cabling.
VI- Yes
WY- Yes.
Amendment 1 REP 1901 a “Page 2 of 12 5,
In Section 3.2.1.4 there is a requirement for the Ability to Translate information - what
information is required to be translated?
NV—At minimun, instructions and directions must be available in English and Spanish,
however, we are looking for vendors to provide additional creative solutions in this area.
ODRC ~ any instructions / user interfaces that people would need to read in order to
understand how to correctly operate / use the kiosk to accomplish their tasl
WY - Instructions and directions must be available in both English and Spanish.
In Section 3.2.1.6 there is a requirement for video visitation, does the DOC require this
service to be offered on a separate/ stand alone kiosk from the other applications?
NV ~ The Department is seeking a wide range of options so the best solution for video
visitation needs can be identified. Security concerns and convenience to the public will
be key elements of importance for the DOC.
ODRC may choose to have video visitation on separate kiosks from the other applications
based on the number of kiosks per inmate and the facility design/ayout, security, and
available space.
VI~ Nota requirement but we foresee a need for a kiosk dedicated to video visitation
depending on the volume of the service
WY - Either alternative would be acceptable. WDOC would not require it at this time.
Section 3.2.2 What is the operating system designated by the DOC for the kiosks
application to run on?
NV — Linux, specifically SuSE for integration with our current network and Microsoft
Windows.
ODRC ~ kiosk O/S does not matter as long as it is secure, stable, kept up-to-date, and
allows applications to interface.
VI- We have no specific designation but the system must be secure.
WY - Microsoft Windows.
With all the varying types of kiosks, can a vendor respond with the types of kiosks they are
able to provide?
NV Yes; if a vendor has multiple kiosk solutions, please provide them. The Department
is looking for the best combination of options available,
ODRC — they can, with the understanding they may not be selected if other vendors are
able to provide all types.
WY - Yes.
‘Will winning this RFP mean that the company that wins can install kiosks in Nevada DOC
right away to take payments?
No.
‘Amendment 1 ‘RFP 1901 Page 3 of 12 10. Is this contract binding for all the DOC's in the alliance?
No; each participating state will need to complete a participating addendum with the
vendor(s), including Nevada, This is not a mandatory contract.
ODRC ~ No; depending on the contract, ODRC may choose to negotiate a separate
contract, pull out of the project completely, or issue a separate solicitation,
WY No.
11. How many housing units are at each facility?
NV ~ Exact configurations can be made available; each Institution/Camp is configured
differently, however NDOC has approximately 125 housing units of 100 inmates each.
ODRC—Depends on the facility and definition of “unit”; varies from 2 to approximately
48 per faci
VI- We do not have housing unit information at this time. This attachment shows a list
of each facility and their population count in February 2011 and could be used to
determine potential need.
i Monthly
Population Suen.
you are unable to access the above inserted file,
se contact Nevada Siete Purchasing at
‘foran emailed copy.
WY - WMCI~ 15, WSP — 15, WWC- 9, WHF - 3, WHCC ~ 5.
12. Deposit Services - How many transactions does the DOC process now? + Money order +
Phone + Web + Walk-in
NV ~ For the entire month of March 2011, we had a total of 9,286 transactions through
lockbox and money transfers, The NDOC currently does not allow phone, web or walk-
in deposits.
ODRC - Ave 65,000 / month; 60/40 split between money orders and other receipts.
VI- Approx. 27,200 transactions a month come from the mail (money orders)
Approx. 4,600 transactions a month come from electronic funding vendors
Approx. 150 transactions a month come from visitors
WY - 10,789 (via mail room only).
13. Whatis the total § amount of trust fund deposits?
NV- For the entire month of March 2011, our trust fund deposits totaled $879,490.49.
ODRC- Ave 83M/mo. Approx. $2,045,000 is deposited into the Offender Trust fund on
a monthly basis.
WY - $998,786.79 (via mail room only).
‘Amendment T z ‘RFP 1901. Page 4 of 12 14, Would the DOC eliminate taking money orders and allow vendor to provide lockbox
services for money orders?
NV ~ Possibly; the NDOC currently has lockbox services, however we will look at all
solutions presented through the RFP.
ODRC- Yes, but only if there is no additional delay in posting funds to inmate accounts
and there is no additional charge to depositors, inmates, or ODRC.
VI~ We would consider this option and would like to see the vendor provide a creative
solution as to how this can be accomplished, The cost must be equitable for families.
WY ~ Maybe.
15. Does the DOC process Parole and Probation payments? If so how many transactions of
each of the following? « Money order + Phone + Web + Walk-in
NV- Currently, payments are collected through our inmate payroll system. NDOC does
not accept money orders, phone payments, web payments or walk-ins for P&P payments,
ODRC ~ No; those payments are processed by a contracted vendor, RMS. Number of
transactions not available at this time.
VI - Those transactions are processed at each Probation and Parole district office.
Information of that nature is not collected centrally.
WY-No.
16, What is the total § amount of trust parole /probation payments?
NV ~ Fiscal year to date (7/1/10 through 4/4/2011) $95,204.58 Parole and Probation
payments haye been collected through the inmate payroll system.
ODRC ~ approximately $66,00U/month.
VI - Those transactions are processed at each Probation and Parole district office.
Information of that nature is not collected centrally,
WY - N/A.
17, How many inmates are released per year?
NV— Average 5,580 inmates are released per year (465 per month)
ODRC - 25,000,
VI ~ Average 13,000.
WY- 778.
18. What is the average amount an inmate is released with?
NV- $176.92
___ ODRC- $103.00. ae ie
‘Amendment 1 ‘REP 1901 Page 5 of 12 19.
20.
2.
22.
23.
VI- The average parole/discharge check is approx. $105
WY ~ Variable.
Does the DOC give inmates money upon release “gate money"?
NV-NDOC provides release assistance “gate money” for indigent inmates upon release.
ODRC- Yes, if the offender is released under certain circumstances.
VI - If the Trust balance funds do not total $25.00, sufficient money will be added to
reach that amount, This includes offenders that are being released from incarceration
but are not going directly into the community. For offenders that will remain under
incarceration such as being transferred to work release or being released to a detainer,
the facility does not need to supplement offender funds to mect the $25.00 discharge
allowance.
WY - Yes - $6/meat'travel period & bus fare.
How many electronic messages is the DOC receiving per year? + Incoming + Outgoing
NV~ None; NDOC currently does not allow electronic mail.
ODRC- 25,000.
VI- None at this time,
WY — None.
How many paper photos does the DOC receive per year?
NV- Unknown
ODRC does not track that number.
Virginia DOC does not track this information.
WY -Do not record.
How many photos can each inmate have at one time?
NV- Unknown
ODRC ~ not limited.
VI ~ Offenders may receive no more than five (5) 4”x 6” photographs at any time.
Offenders may have a reasonable amount in their personal property as long as they can
be stored in their locker or cabinet.
WY - 40 in cell.
‘Video Visitation - Will the inmates allow families to visit remotely (from home)?
Amendment I ae REP 1901, Page 6 of 12 24.
25.
26.
27.
NV~ This solution would be considered as long as the visit could be recorded. Security
concerns will be measured along with convenience to the public in evaluation all
proposals.
ODRC will allow visits from home as long as there is a “kill-switch” option that allows
ODRC to immediately terminate the visit if necessary for security reasons.
VI- Not at this time — families participate in video visitation by a remote location in the
community. See website for more information:
hitp:/www.vadoc. virginia gov/offenders/prison-life/videoVisitation shim
WY-- Yes with permission and availability.
Will the DOC consider reducing their visitation to video only?
NV—No. A combination will be utilized but contact visitation cannot be eliminated.
ODRC-— Not at this time.
VI- Not at this time
WY-No.
Does the DOC want inmate kiosks for visitation placed in housing units/pods or in separate
area exclusive for Video Visitation?
NV~A combination; in disciplinary segregation units, the kiosks would be in the units
with the capability to roll them to in front of the cell. In general population units, the
kiosks could be located in visitation, the units is a program room, or another designated
area,
ODRC - Depends on the institution and available space.
VI- In the housing units — may explore other locations depending on volume of visits.
WY -No.
Section 3, 2nd paragraph: As the procurement may result in more than one contract, would
multiple vendors be selected to provide the same service(s) at the DOC or would awarded
vendors be selected to provide only one or several services listed under the procurement?
NV— twill depend on the State and the service.
ODRC prefers to select a single vendor for the same or several services. However, if in
the best interests of the state, ODRC may select different vendors for each service.
VI- N/A.
WY ~ Multiple.
Section 3, 3rd paragraph: As vendors may propose on one or more of the system
requirements, will the DOC award individual services to different vendors? For example,
‘Amendment 1 RFP 1901 Page 7 of 12 28.
29.
30.
will one vendor be awarded the email service and another vendor awarded the inmate
banking service?
NV - Depending on the State and the service required. Each State may negotiate their
own contracts.
ODRC - if an award is made, it will most likely be to a single vendor who can provide
the services ODRC needs; however, it is possible multiple awards may be made if that
result is most beneficial to the state,
VI- N/A.
WY ~ Yes.
Section 3, 4th paragraph: Can Participating States award the contract to a vendor that was
not awarded the DOC contract?
NV- Depending on the State and the service required. This is not a mandatory contract.
ODRC- ¥es, and states may choose to no longer participate.
VI- N/A.
WY - Maybe ~ it would require justification and approval from state purchasing.
Section 3.1.1: Is the DOC looking for a solution that incorporates cach of the four kiosk
types or one kiosk with all of these features? If the vendor's solution combines all four
types into one kiosk, how should this be represented in the Cost Proposal?
NV - Each kiosk type proposed should have an associated cost proposal; unless one
kiosk could support a turnkey and an outside kiosk, however a stand alone may not
contain the enclosure and the hardware only would not contain the software.
ODRC is looking for a solution that provides turn-key, stand-alone kiosks for interior
use. For Ohio, therefore, proposing an outside, turn-key, stand-alone kiosk may be cost-
prohibitive. If a bidder provides only one type of kiosk, it should be listed under each
type of kiosk solution.
VI- One Kiosk type with all features.
WY - Each Kiosk type should be specified with an associated cost. If a single kiosk can
provide all services then a breakdown of costs per service would be helpful since we
wouldn't necessarily want all of the services available and would not want to have to pay
_for things we aren’t using.
Section 3.2.1.2.2: Will the DOC accept a deposit kiosk solution that does not accept
cheeks?
NV — We will look at all solutions presented through the RFP.
ODRC- ¥es.
VI- Yes.
Amendment 1 REP 1901 Page & of 12 31
ae
33.
WY— Maybe.
Section 3.2.1.10, Application Architecture: Is the DOC looking for the vendor's platform
and whether or not the subsections apply?
eee
3.2.1.10.1 is open architecture; yes, the DOC wants to determine if the vendor
applications have open architecture,
3.2.1.10.2 is Documented Interface API and tool kit ad; yes, the DOC wants to determine
if the vendor applications have documented Interface API and tool kit ad.
3.2.1.10.3 is Custom changes to the Interface API; yes, the DOC wants to know if the
vendor can make custom changes, however at what cost?
ODRC-~ Yes.
VI- We are looking for a platform in which we can connect to other systems that we
work with.
WY - This is what we would like to know for each subsection:
3.2.1.10.1 ~ applicable or not
3.2.1.10.2 ~ available for use by DOC and/or other vendors DOC uses for services.
3.2.1.10.3 ~ applicable or not and at what cost
Section 3.2.1.11.1— Which DOC applications would the vendor need to interface with?
NV - NOTIS - Nevada Information and Offender Tracking System, inmate banking
system, inmate stores system, and other applications as required by the Department.
ODRC ~ DOTS (Department's Offender Tracking System), CACTAS (Cashless
Commissary and Trust Accounting System), telephone system (GTL); all interfaces must
be coordinated with appropriate current vendors. ODRC will not be responsible for any
costs associated with the interface/s.
VI.- We work with a number of systems from offender management, phones,
commissary, to smaller stand-alone systems.
WY - Cashless Systems Inc. ~ Cactus, WDOC’s offender management system, other
windows/web apps as the agency deems appropriate.
Section 3.2.1.12: Should the vendor propose the vendor's preferred method of connectivit
or is the DOC looking for the vendor to provide one or more methods?
NV - The vendor should provide creative connectivity solutions that will work with
institutions, while maintaining security requirements. If multiple options exist, these
should be separately identified.
ODRC ~ Propose vendor's preferred method and include other methods vendor is able
to provide.
VI ~ Web Services is our connectivity method.
WY - More than one option - Vendor to provide connectivity options that will work with
their kiosks ie, DSL, T1, ete.
‘Amendment 1 RFP 1901 Page 9 of 12 34.
36.
37.
38.
Section 3.2.2: Would the DOC be open to the vendor's designating the kiosk’s operating
system as it is already proven in the field?
NV - The DOC will took at all solutions presented through the RFP.
ODRC- Yes.
VI- Yes.
WY Maybe.
Section 3.2.3.9: Is the DOC looking to view this information on the vendor's system?
NV - Either on the vendors system or through a web interface.
ODRC would prefer to view the information through a vendor-supplied method.
Whether that is on the vendor’s system or using software supplied by the vendor and
installed on ODRC systems matters only in that s/w installed on ODRC systems must be
transferable to other ODRC systems by ODRC staff without requiring vendor
intervention or assistance. Either method must allow ODRC 24/7 access to monitor
Kiosks.
VI- Yes, We want to understand all internal connections,
WY - Either on the vendors system or through some form of web interface.
Section 3.2.3.9: What offender management system does the DOC use? If it is not a
proprietary system, will each party be responsible for their own integration costs?
NV NDOC uses Syscon Justice Systems for their offender management system. It is
4 proprietary system.
ODRC uses the Department’s Offender Tracking System, which is currently serviced by
Diversified Systems, Inc. The vendor will be responsible for any and all integration costs.
VI- We have a proprietary system and we will be responsible for integration costs,
WY - Internally created.
Section 3.2.4.3: Is the DOC looking to customize just the text of the error messages or
something else?
NV ~The error message as well as any instructional and prompts be customized as
needed.
ODRC — primarily text.
VI- We would like to have input for the text.
WY ~ Both,
Section 3.2.5.1: Is the DOC seeking to view the vendor's remote management?
NV- Yes. We would like to see the vendor’s remote management system.
Amendment 1 REP 1901 Page 10 of I2 39.
40.
4
42.
43.
44.
ODRC does not seek to view the vendor's remote management; ODRC seeks to use the
remote management tool to minimize the time its staff must spend managing the kiosks.
VI- Yes, we want to understand how this will take place.
WY- Only as necessary for the maintenance of security/control of access to the system
by the inmates.
Section 3.3 Is the DOC willing to share network bandwidth with the vendor? Would the
vendor be allowed to install additional bandwidth (.e. T1)?
NV - The DOC has limited available network bandwidth; it varies by location, The
awarded vendor will need to work with the DOC and the Department of Information
Technology (DoIT) to implement a desired solution. Any proposal should not degrade
existing network capabilities of the DOC.
ODRC prefers a wireless network be installed by the vendor. ODRC should be able to
also use that wireless network as needed,
VI- We are willing to share network bandwidth and the vendor is not allowed to install
additional bandwidth. DOC would be responsible for adding any additional bandwidth.
WY - WDOC will not be able to share. Vendor will need to install additional resources.
Section 3.7 If the vendor is a distributor (and not the manufacturer) of the MP3 player, can
a shorter warranty period be proposed for the MP3 player?
NV We will look at all solutions presented through the REP, however if the warranty
is not competitive, the vendor runs a risk.
ODRC-No; the vendor must be able to cover the player for the specified length of time.
VI- N/A.
WY - Maybe.
Section 8.3.3 / Attachment E: As only the State of Nevada receives a copy of the cost
proposal and four Participating States are also evaluating the proposals, how is the
evaluation process performed? Are each evaluator’s scores weighed evenly?
Nevada will provide the “Cost” to the evaluators upon completion of scoring the
Technical Proposals.
Item #5 on the Sample Score Sheet is said to correspond to “Section 7, Project Costs.”
However Section 7 is entitled “Payment.” Please clarify.
Item # § should correspond to “Section 6, Project Costs”.
Will you consider leasing the equipment over a two or three year period with end of term
options of return, purchase for fair market value, or continue leasing at a reduced rental?
Yes.
Attachment D, question #1 refers to copiers. Please clarify.
‘Amendment | RFP 1901 Page IT of 12 Please provide attached document to your references.
‘Attachment D.doc
Ifyou are unable to access the above inserted fle,
please contact Nevada State Purchasing at
srepurchi@purchasing.statenvus
‘for an emailed copy.
ALL ELSE REMAINS THE SAME FOR RFP 1901.
Vendor shall sign and return this amendment with proposal submitted.
NAME OF VENDOR
AUTHORIZED
SIGNATURE
TITLE DATE
RFP 1901 Amendment 1
‘This document must be submitted in the “State
Documents” section/tab of vendors” technical proposal
Sansa REP Ig] Page of State of Nevada
Department of Adminstration
Purchasing Division
SISE: Musser Strea, Suite 300
Carson City, NV 89701
REP
The State of Nevada Purchasing Division
on behalf of National Association of State Procurement Officials (NASPO)
and the Multi-State Corrections Procurement Alliance (MCPA)
Reguest For Proposal No.1901
for
INMATE KIOSKS
Release Date: March 24, 2011
Deadline for Submission and Opening Date and Time: May 4, 2011 @ 2:00 P.
For additional information, please contact:
Ronda Miller, Procurement Staff Member
(775) 684-0182
CITY for the Deaf or Hard of Hearing: 1-800-326-6868
Ask the relay agent to dial 1-775-684-0182/V.)
This document must be submitted in the “State
Documents” section/tab of vendors’ technical proposal
See Page 22, for instructions on submitting proposals.
Contact Information
Company Name _
Address City State Zip
Telephone (__) Fax (_)
E-Mail Address:
Prices contained in this proposal are subject to acceptance within calendar days.
Contact Person
Print Name & Title
Page 1 of 65 TABLE OF CONTENTS
1. OVERVIEW OF PROJECT / SCOPE OF WORK ....
2, ACRONYMS/DEFINITIONS ..
|. PROJECT DEFINITIONS ..
|. PROJECT TERMS AND CONDITIONS........--
. COMPANY BACKGROUND AND REFERENCES........
. COST...
7. PAYMENT.........
8. SUBMITTAL INSTRUCTIONS....
9, PROPOSAL EVALUATION AND AWARD PROCESS...
10. TERMS, CONDITIONS AND EXCEPTIONS...
11, SUBMISSION CHECKLIST..
Attachment A .....
Attachment B.
Attachment C ...0
Attachment D.......
Attachment E.
Attachment F.
Attachment G
Attachment H
Attachment I...
Attachment J......
Attachment K
Attachment L....
Attachment M.
Attachment N ...
Inmate Kiosks REP No. 1901 Page 2 A Request for Proposal process is different from an Invitation to Bid. The State expects vendors
to propose creative, competitive solutions to the agency's stated problem or need, as specified
below. Vendors may take exception to any section of the RFP, except Section 4 Project Terms and
s. Exceptions should be clearly stated in Attachment B (Certifie:
nce with Terms and Conditions of RFP) and will be considered during the evaluation
process. The State reserves the right to limit the Scope of Work prior to award, if deemed in the
best interest of the State NRS §333.350(1).
/Prospective vendors are advised to review Nevada's ethical standards requirements, including but]
not limited fo, NRS 281A and the Governor's Proclamation, which can be found on. the|
Purchasing Division’s website (http://purchasing.state.nv.us).
1, OVERVIEW
The State of Nevada, Purchasing Division on behalf of the National Association of State
Procurement Officials (NASPO) and the Multi-State Corrections Procurement Alliance (MCPA)
is seeking qualified manufacturers to provide Inmate Kiosks for NASPO/MCPA. and all
participating States. Vendors will provide and manage a system that will allow offenders in
designated correctional facilities access to automated services with little or no assistance of staff.
The National Association of State Procurement Officials is a national association of Chief
Procurement Officers that has established a procurement cooperative for state government
departments, institutions and political subdivisions (i.c., colleges, school districts, counties,
cities, etc.) for the NASPO Member States and territories of the United States.
Under terms of the NASPO Cooperative Memorandum of Agreement all fifty states and the
District of Columbia may participate in this potential contract at their option and in accordance
with their statutory requirements and rules.
Obligations under contracts that result from this cooperative procurement are limited to those
states and other eligible purchasing entities that execute a Participating Addendum.
Financial obligations of Participating States are limited to the orders placed by the departments
or other state agencies and institutions having available funds,
Participating States incur no financial obligations on behalf of political subdivisions.
Unless otherwise specified in the solicitation or by Participating States the resulting master price
agreement(s) will be permissive.
Traditionally Department of Corrections (DOC) provides services to inmates located within its
Institutions/Facilities across the state, Most of these services are requested by the inmates
through DOC staff, requiring a significant staff time investment to complete transactions.
Permitting inmates to obtain these services electronically in a secure correctional environment
with litte staff assistance will greatly improve the efficiency of both correctional and free-staff,
allowing for a more efficient operation.
‘The process for this solicitation and eventual contract is as follows:
© The RFP will be drafted and issued by the State of Nevada;
Inmate Kiosks RFP No. 1901 Page 3 ‘© The RFP process will governed by the Laws and Codes of the State of Nevada;
© A recommendation of award will be issued by the State of Nevada, based on the
Evaluation Committee's results, to the NASPO Directors;
© If approved, the Master Service Agreement will be executed (Attachment C) by the
Successful Vendors and the State of Nevada;
«Each state must then execute a Participating Addendum (Attachment H) with any unique
Terms and Conditions. It is the awarded vendors’ responsibility to negotiate with each
participating state. Upon award vendor(s) must work with the state’s existing
commissary/inmate banking company i.e. Cashless Systems,
This RFP contains a multi-state scope and may result in more than one contract, The resulting
contract(s) will be for a contract term of five (5) years, subject to approval of the NASPO Board
of Directors anticipated to be June 1, 2011.
2. ACRONYMS/DEFINITIONS
For the purposes of this RFP, the following acronyms/definitions will be used:
Confidential Any information relating to the amount or source of any income, profits, losses or
Information expenditures, including data relating to cost or price submitted in support of a bid
or proposal. The term does not include the amount of a bid or proposal. See NRS
§333.020(5)(b).
Division Nevada Department of Corrections (NDOC),
Evaluation An independent committee comprised of a majority of state officers or employees
Committee/ established to evaluate and score proposals submitted in response to the RFP
Sourcing Team pursuant to NRS §333.335.
LOL Letter of Intent - notification of the state's intent to award a contract to a vendor,
pending successful negotiations; all information remains confidential until the
issuance of the formal notice of award.
Lead State The State of Nevada and its state agencies, officers, employees and immune
contractors as defined in NRS 41.0307.
May Indicates something that is not mandatory but permissive.
NAC ‘Nevada Administrative Code
Nevada The lead state for the purpose of this RFP
NRS Nevada Revised Statutes
NOA Notice of Award - formal notification of the state’s decision to award a contract,
pending Examiners’ approval of said contract, any non-confidential information
becomes available upon written request.
NASPO The National Association of State Procurement Officials (NASPO).
Tamate Kiosks RFP No. 1901 Page 4 Participating State
Proprietary
Information
Public Record
RFP
Shall/Mus/Will
Should
State
Subcontractor
Successful Vendor
Trade Secret
Vendor
WSCA
State(s) that have indicated intent to participate or who have executed a
Participating Addendum,
Any trade secret or confidential business information that is contained in a bid or
proposal or included in a particular contract.
All books and public records of a governmental entity, the contents of which are
not otherwise declared by law to be confidential (see NRS §333.333 and NRS
Ԥ600A.030(5)) must be open to inspection by any person and may be fully copied
or an abstract or memorandum may be prepared from those public books and
public records.
Request for Proposal - a written statement which sets forth the requirements and
specifications of a contract to be awarded by competitive selection NRS
$333.020(7).
Indicates a mandatory requirement. Failure to meet a mandatory requirement may
result in the rejection of a proposal as non-responsive.
Indicates something that is recommended but not mandatory. if the vendor fails
to provide recommended information, the State may, at its sole option, ask the
vendor to provide the information or evaluate the proposal without the
information.
The State of Nevada and its state agencies, officers, employees and immune
contractors as defined in NRS 41.0307.
Third party, not directly employed by the vendor, who will provide services
identified in this REP. This does not include third parties who provide support or
incidental services to the vendor.
‘The organization/individual that is awarded and has an approved contract with the
State of Nevada for the services identified in this RFP.
Information, including, without limitation, a formula, pattern, compilation,
program, device, method, technique, product, system, process, design, prototype,
procedure, computer programming instruction or code that: derives independent
economic value, actual or potential, from not being generally known to, and not
being readily ascertainable by proper means by the public or any other person
‘who can obtain commercial or economic value from its disclosure or use; and is
the subject of efforts that are reasonable under the circumstances to maintain its
secrecy.
Organization/individual submitting a proposal in response to this RFP.
The Wester States Contracting Alliance (WSCA) is a cooperative group-
contracting consortium for state government departments, institutions, agencies
and political subdivisions (.¢., colleges, school districts, counties, cities, etc.,) for
the States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Minnesota,
Inmate Kiosks
RFP No. 1907 Page 5 Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington and
Wyoming. WSCA is a subset of the National Association of State Procurement
Officials. (NASPO). NASPO is a non-profit association dedicated to
strengthening the procurement community through education, research, and
communication. It is made up of the directors of the central purchasing offices in
each of the 50 states, the District of Columbia and the territories of the United
States,
3. SCOPE OF WORK
In accordance with NRS 333.333, “Each request for proposals must include minimum
requirements that the successful vendor must meet for the awarding of a contract pursuant to the
provisions of this chapter. A contract may not be awarded to a vendor who does not comply with
the requirements set forth in the request for proposals.” All successful vendors must meet the
requirements of this section.
‘This procurement contemplates a multi-state scope and may result in more than one contract. In
determining an award, factors considered include but are not be limited to, pricing, range of
applications offered; the favorability of the terms under which the vendor will do business; other
vendor programs, capabilities, and product characteristics judged to provide additional value or
administrative cost savings to the Participating States.
While the primary purpose of this solicitation is to select a vendor(s) who can meet the needs of
Participating States, vendors may propose on one or more of the system requirements as
indicated below. Vendors must clearly describe any geographical limits (e.g, by state name) if
proposing a geographical area less than that of all Participating States.
A Participating State may evaluate and select a vendor judged to be in the best interests of the
state involved. Administration of any such award(s) will be done by each of the Participating
Stato(s) involved.
Violation of, or conflict with any codes or standard requirements throughout this RFP must be
brought to the attention of the Participating States DOC’ institutions/facilities prior to bidding,
as each state operates slightly different as a result of the security levels at the locations.
It will be the awarded vendor's responsibility to provide proof to all Participating States’ all
sales/use taxes has been paid.
3.1 KIOSKS
3.1.1 Kiosk Solutions
3.1.1.1 Turnkey Kiosks = all hardware and software necessary to provide any
related services the vendor provides.
3.1.1.2 Stand Alone Kiosk - all hardware and software necessary to provide
unattended transaction processing of applications.
Inmate Kiosks RFP No. 1901 Page 6 312
3.1.1.3 Outside Kiosk - located outside and be able to withstand weather and the
elements; rain, snow, wind, sun, etc. Kiosks should withstand
temperatures from -20 degrees to 110 degrees with up to 100% humidity.
3.1.1.4 Hardware Only Kiosk - all related hardware as needed to implement kiosk
solution, Kiosk should contain a touch screen; however, a durable
security centered keyboard will also be considered especially supporting
disabled inmates who could not access the kiosks.
Note: If proposing this type of kiosk, vendor to be responsible for the
project, with a sub-contractor(s) as needed to complete the installation as
quoted.
Kiosk Enclosure
The successful vendor shall provide a kiosk design to be of standalone style for
inside/outside locations. The kiosk enclosure/housing needs to be self contained,
rugged and secure. No crevices that can enable inmates to damage or spill into
the enclosure and damage the kiosk.
This requirement is not mandatory and will be determined by the type of kiosk
proposed. If there are no enclosures, vendors are to explain in detail the plan for
‘mounting and security of the hardware.
Kiosk enclosures may, but not limited the following:
3.1.2.1 Heavy duty locking mechanisms, hinges, door mechanisms capable of
resisting inmate tampering and vandalism.
3.1.2.2 Hardware must be contained in the kiosk enclosure,
3.1.23 The kiosk should have the ability to be anchored to the floor and or the
wall. The vendor shall ensure that each kiosk can be easily unsecured
from the floor or the wall by authorized personnel.
3.1.2.4 The kiosk enclosure must be of a neutral color and easily cleaned.
3.12.5 The kiosk shall not bear company names or logos.
3.1.2.6 Pictures, artist renderings and drawings of the proposed kiosk design
shall be included with the proposal.
3.1.2.7 Vendor must enstire that battery-backed alarms with detectors on all
openings are implemented where entry might be forced. Kiosk alarms
must be:
‘© Manually set to ring for a period of time with shrill alarm;
‘© Capable of activation/deactivation at a remote location designated
by the institution; and
Proven not to provide false signaling regarding remote alarm.
3.1.2.8 Kiosks must have sealed opening(s) for power and phone lines as
needed.
3.1.2.9 Kiosks have adequate ventilation to include fans if needed for
components.
3.2 TECHNICAL ENVIRONMENT
Inmate Kiosks RFP No. 1901 Page 7 3.2.1 Kiosk Applications
At minimum, the operating system/applications ‘should allow the Participating
States DOC the ability to modify. Vendor shall ensure each kiosk is maintained
‘on the most current version of the vendor's systems of operation, with no more
than two versions at any one-time across all kiosks.
Vendor shall provide the method of insuring inmate ID security. Methods could
include fingerprint scan, or other biometric possibilities, ID card scanning
(magnetic or barcode), and or voice options. (Refer to section 3.3 of this REP)
Vendors to describe in detail the ability to provide at minimum the following
functionality within their software applicatio
3.2.11
3.2.1.2
Email/Secure Messaging — Incorhing/outgoing is screened by the
system using keyword search before download is allowed. Keyword
screening would evaluate risk level of e-mail. Unacceptable or
questionable (moderate to high risk) e-mail is held or staged at a
central location computer for DOC approval before it is available for
offender delivery or download. At minimum; Keyword search may be
edited at any time, Offender email must be storable by vendor or
transferrable to DOC Storage.
3.2.1.1.1 Email services, including, restrictions of senders/receivers,
and keyword search capabilities on both incoming and
outgoing messages. Please give your ability to provide the
above.
3.2.1.1.2 Capability for the DOC to manage email approvals at either
an institution level as well as a state level.
3.2.1.1.3 Systems ability for the email to include photos. System to
allow for separate view of photos from messages and the
ability to reject/accept any combination of those.
NOTE: Photos will increase stress on the network.
3.2.1.1.4 Estimated impact of email/messaging on the DOC network.
3.2.1.1.5 Provide a plan for data lines should capabilities at the
institutions be limited as a result of this implementation.
3.2.1.1.6 Internet access/direct e-mail reply is not allowed within the
‘Nevada Department of Corrections. Vendor to detail how
this could be managed with their systems,
3.2.1.1.7 Vendor to propose both viewing and printing options
available for the proposed kiosk.
Inmate Banking - Many of the DOC’s currently have a system to
accept electronic funds transfers. If available, vendors shall provide
their capability and system to provide Electronic Funds Transfer. The
vendor must outline the process for verification via all methods, such
as debit card, credit card, or money order.
Inmate Kiosks
RFP No. 1901 Page & 3.2.13
3.2.1.4
3.215
3.2.1.6
3.2.1.7
3.2.1.8
NOTE: Vendors that accept credit cards must specify that they meet
all card requirements for the processing of transactions. Nonpayment
of credit card transactions will not be the responsibility of the DOC.
3.2.1.2.1 Exchange data with the DOC Inmate Banking System:
including but not limited to bank balances and transaction
information. Vendor to describe any limitations to the
information can be presented to the inmate through the
Kiosk.
3.2.1.2.2 Kiosks installed in the visitation area shall be limited to
deposits only and to include cash, checks, and credit cards.
3.21.23 Enforce ability to. maintain minimum and maximum
deposit levels. Machine to have the ability to print deposit
receipts.
3.21.24 Describe security features that insure accurate deposits, ie.,
‘wrong account numbers.
3.2.1.2.5 Security - Provide the method of insuring inmate ID
security. Vendors to provide their ability to provide bio-
metrics, magnetic card readers, or other forms of security.
Inmate Grievances - (Internal complaint routing)
Vendor to provide internal document routing between inmate kiosk
and DOC staff. If this currently does not exist, is there potential for
future expansion in this area?
Ability to Translate Information
‘© Spanish/English-English/Spanish;
© Translate Applications/Information from English to other
languages.
Inmates Commissary
3.2.1.5.1 Ordering commissary items directly through the kiosk.
3.2.1.5.2 Provide holiday or package program orders for the inmates.
3.2.1.2.3 Interface purchases with the inmate banking system.
Video Visitation
3.2.1.6.) Requirements for data transfer for video visitation.
3.2.1.6.2 Estimated impact of video visitation on the DOC network.
3.2.1.6.3 A plan for data lines should capabilities at the institutions
be limited as a result of this implementation.
3.2.1.6.4 Vendor to propose recommended visitation time
constraints.
Inmate Scheduling
Vendor to provide any scheduling capabilities i.e. inmate medical
appointment scheduling,
MP3 — Download / Purchasing of Music
Vendor must be able to customize music catalog for approval by
institutions by State.
Inmate Kiosks
REP No. 1901 Page 9 3.2.1.9
3.21.10
3.2111
3.2412
3.21.81 Ability to download with and without direct access to the
internet;
3.2.1,8.2 Secure MP3 music downloads solutions;
3.21.83 Offer a large variety of titles and genres available for
: purchase;
3.2.1.8.4 Altemative methods that allow the inmates to search and
choose music (to place in a queue) without being connected
to the kiosk. This includes the ability to choose order of
preference and deleting selections in the queue;
3.21.85 Download/data retrieval times;
3.2.1.8.6 Security features and if features can be disabled upon
release for normal use. This includes any locking features
to prevent music sharing, etc. Vendor to describe theft
prevention features;
3.2.1.8.7 Capabilities of the actual MP3 player to be used. Are there
base/upgraded versions? What is the min/max gigabyte
capacity?
3.21.88 Describe power features and how recharging of the player
is achieved;
3.2.1.8.9 Must be able to provide inmate with transaction
data/account balance;
3.2.1.8.10 System to be able to catalog inmate songs in a database; the
ability for the inmate to manage his total music library;
3.2.1.8.11 Player must be clear to provide viewing of internal
components;
3.2.1.812 DOC must have the capability to approve all music
available to purchase on the catalog; and
3.2.1.8.13 Vendor must have contractual rights to distribute digital
media from major music labels or other entertainment
fields to provide reasonable volume of acceptable media
content,
Phone Time Usage
Capabilities for the kiosk to provide tracking of phone time usage.
Application Architecture
3.2.1.10.1 Open source application,
3.2.1.10.2 Documented Interface API and tool kit ad.
3.2.1.10.3 Custom changes to the Interface API.
Interfacing
3.2.1.11.1 Vendor to detail their capability to interface vendor's
applications to DOC applications.
3.2.1.11.2 Security and capability when interfacing to DOC
applications.
Communications
Kiosks to support communications via:
+ Cable
+ Wireless
Inmate Kiosks
RFP No. 1901 Page 10 3.2.2
* DSL
© Other
3.2.1.13 Scalability
Vendor to recommend number of inmate to kiosk ratio and how their
system can adjust based on changing inmate populations. Provide all
assumptions used to identify required computing power and/or
hardware.
Software Requirements
The successful vendor shall provide a kiosk application that will run on an
operating system designated by the DOC and is capable of being upgraded.
‘The successful vendor shall allow for additional applications to be added as
determined necessary by the DOC. Upon mutual agreement between the vendor
and the DOC, additional applications can be added via change order to the kiosk
while this contract or its extensions are in effect, at the department's option,
Vendor must provide any and all upgrades that become available during the term
of the contract.
3.2.21 Third Party Acquisition of Software: vendor shall notify the
Department in writing if its intellectual property, business, or all of its
assets are acquired by a third party.
3.2.2.2 Title of Software: Vendors submitting a proposal represents and
warrants that it is the sole owner of the software or, if not, the owner,
has received all legally required authorizations from the owner, Vendor
to provide the following documentation:
+ Term of software license,
+ Rights to Computer Software.
3.2.2.3. Touch screen monitor shall reduce the ability to read the screen when
viewed from the side to prevent others from viewing displayed
information. Touch screen shall not require scrolling.
System Architecture
3.23.1 The capability for the development of future applications and
implementing these applications. on the proposed hardware
configuration,
3.23.2 Vendor shall ensure that the system architecture is scalable and
designed to easily and inexpensively accommodate changes (future
applications, ete) resulting from DOC rules and workflows,
3.2.3.3 Vendor must allow for the kiosks to be data linked within an institution,
and best case to be linked throughout the Department,
3.2.3.4 Provide the capability of producing reports, including but not li
to:
‘+ Use and statistical reports by function, (i.e., Banking queries, store
sales, phone time, etc; and
Accounting reports,
ed
Inmate Kiosks
‘RFP No. 1907 Page 1] 3.2.4
3.2.3.5 Provide a kiosk application that will run on a operating system
designated by the DOC and is capable of being upgraded.
3.2.3.6 Touch screen buttons and font sizes large enough to be easily read by
the majority of customers.
Provide kiosk application instructions to the inmates which are clear
and to the point, with no large blocks of text.
3.2.3.8 Vendor shall ensure each kiosk is maintained on the most current
version of the vendor's systems of operation, with no more than two
versions at any one-time across all kiosks.
3.2.3.9 Kiosk Operational Statistics to include:
© Atminimum, internal operational software.
© Ability to look at up-time logging data and monitor kiosks.
Full monitoring capabilities; KVM/Power.
3.2.3.10 Data transfer in your operating system. Please include specification for
eXtendable Markup Language (XML) or other standard interface
options, to tie in a kiosk-based application with offender management
systems,
Customer Interaction Messages
Messages to be available in English and Spanish.
Vendors are to describe in detail the following:
3.2.4.1 Transaction processing messages;
3.2.4.2. What messages prompt the inmate during their time on the
kiosk;
3.2.4.3 Error message, can the error message be customized?
3.2.44 Does functionality include instructional prompts?
3.2.4.5 Transaction processing messages to indicate what messages prompt the
inmate during their time on the kiosk. This should include error
messages.
+ Can the error message be customized?
* Does the functionality include instructional prompts?
Remote Management
At minimum, remote Keyboard/Video/Mouse (KVM) reset is required.
3.2.5.1 | Vendor to detail remote management capabilities, To include the
following:
Monitoring;
Diagnostics;
Error resolution;
Software problem assistance;
Intelligence reporting;
Application and software updates and upgrades; and
Rebooting and controlling the remote kiosks from a central
location.
Inmate Kiosks
RFP No. 1901 Page 12 3.27
3.2.5.2
Remote management should be set through a security access
designation.
Software Provisions
3.2.6.1
3.2.6.2
3.2.6.3
3.2.6.4
3.2.6.5
Vendor shall provide any and all software upgrades that become
available during the term of the contract,
Third party Acquisition of Software - The vendor shall notify the
department in writing if its intellectual property, business, or all of its
assets are acquired by a third party.
Title of Software ~ By submitting a proposal, the vendor represents
and warrants that it is the sole owner of the software or, if not, the
‘owner, has received all legally required authorizations from the owner,
Term of sofiware license.
Rights to Computer Software.
Hardware Requirements
Vendor must describe the capability for the development of future applications
and implementing these applications on the proposed hardware configuration.
Vendors to describe in detail the ability to provide the following:
3.271
3.2.7.2
3.2.7.7
3.2.7.8
Vendor shall provide for all electrical equipment to operate on a
regular 120 volt, 60 hertz, AC power and be “UL” or equivalently
listed and be certified by a Nationally Recognized Testing Laboratory
to be compliant with the FCC regulations.
Monitors must be Energy Star Compliant with a minimum level of
EPEAT Bronze. Monitors must be a minimum of 17” in size across the
diagonal, having an associated graphics control board with video
drivers. Monitor must be able to withstand operating temperatures of
110 degrees and 100% humidity.
Describe alternatives for offenders with disabilities. i., Large print
options; Text reader options for the blind; Assistive key-stroke
functionality for paralyzed offenders.
Vendor to propose solutions that would assist the visually impaired.
Each kiosk must have a touch screen video display monitor capable of
displaying digitized photographs, graphics, and videos, etc.
Touch screen monitor must be secure, safe and capable of
withstanding heavy usage in a correctional environment. It must be
scratch resistant. Vendor must provide any special care required to
Keep the screen clean, and prolong the viewing and usage life
expectancy.
Touch screen monitor shall not be of the “overlay” or “membrane”
type. Ifa “surface acoustic” or “capacitive” technology is not utilized,
the vendor must provide an explanation of why another technology is
being proposed.
Touch screen monitor must reduce the ability to read the screen when
viewed from the side to prevent others from viewing displayed
information,
Inmate Kiosks
RFP No, 1901 Page 13 33
34
SECURITY REQUIREMENTS
‘Vendors to describe in detail how the following security requirements will be performed:
3.3.1
33.2
33.3
334
335
3.3.6
System must be able to support secure wireless, if required by using facility.
Kiosks may or may not connect to DOC information technology infrastructure.
Vendor to detail plans to support their proposal both ways
Incoming e-mail is screened by the system using keyword search before
download is allowed. Keyword screening would evaluate risk level of e-mail.
Unacceptable or questionable (moderate to high risk) e-mail is held or staged at a
central location computer for DOC approval before it is available for offender
delivery or download.
* Keyword search may be edited at any time.
© Offender email must be stored by vendor or transferrable to DOC
storage.
Internet access/direet e-mail reply is not allowed within the Nevada Department
of Corrections, Vendor to detail how this could be managed with their systems.
MP3 music downloads ~ Player connects and accepts downloads only from the
secure kiosk, No direct access to the intemet within the Nevada Department of
Comrections. Vendor to detail plans to support their proposal with and without
direct access to the internet.
Recording Video Visitations
Vendor must have contractual rights to distribute digital media from major music
labels or other entertainment ficlds to provide reasonable volume of acceptable
media content.
MAINTENANCE/SERVICE
34.1
Software Modification by the vendor and Release Management.
3.4.1.1 Department initiated modification to the software; the vendor shall
provide the following:
* Timely cost estimates; and
* Reasonable delivery date for enhancements, as mutually agreed
upon.
34.1.2 The vendor will prepare software releases and stages for testing,
validation and acceptance in a test environment. The Department will
perform testing for authorization to proceed prior to migration to
production environment.
34.13 The vendor shall propose, provide, and describe their solution for
change management. These must include at a minimum:
Version number;
Description of the change;
How the change was initiated (ic. user or system support);
Person requesting the change;
Person responsible for the change; and
Date and time of the change.
Tnmate Kiosks
RFP No. 1901 Page 14 35
34.14
34.15
3.4.1.6
34.17
34.18
3.4.1.9
3.41.10
REPORTING
3.8.1
3.5.2
3.53
Vendor to provide maintenance and service plan to include frequency
and speed of maintenance, Downtime shall not extend past a 24 hour
period.
‘The successful contractor must provide support for the equipment
Monday through Friday 8:00 am to 5:00 pm in participating state's
time zone. Vendor must provide the toll free number for agency to
call when service is needed.
Maintain levels of service and machine installation at no cost to state.
‘No additional installation cost for changing out machines that need
repair or replacement.
The vendor will coordinate its service schedule in advance with the
institution.
If ownership of equipment shall remain with the contractor, the state
shall provide reasonable measures against loss by pilferage or
destruction. The vendor shall be responsible for any expenses required
for the repair of the equipment.
The successful vendor must provide following support services for
equipment placed within state buildings, that include but are not
limited to:
‘© Unlimited phone support;
‘+ Updates and upgrades;
‘© Security-related updates to their proposed solution, which may be
called updates, upgrades, patches, service packs, hot fixes, or
workarounds,
Vendor must include in their proposal reporting capabilities for machines to be
provided, to include but not limited to the following:
Processing time per transaction;
‘Number of transactions per day;
Offender purchases;
The number of an individual’s purchases;
Transactions rejected and rejection reason;
The source and amount of deposits to offender accounts;
Use and statistical reports by function. (i.e. Banking queries, store sales,
phone time, etc; and
* Be able to provide custom reports as may be requested by individual
participating entities. Describe in general, the level of sophistication and
complexity, custom usage report data that you can provide to the
participating entities. Vendors should provide a sample report with their
proposal,
Reporting shall be provided in the format required by MCPA/NASPO Reporting
Forms (Attachment N).
The following usage reports shall be submitted for the respective quarter:
© A quarterly summary of equipment sold.
Inmate Kiosks
RFP No. 1901 Page 15 3.6
3.7
38
A quarterly summary by category.
Reports are to be submitted to the lead State in the format required by MCPA
(Attachment N).
Reporting Dates:
38 Quarter — July ~ September ~ due by November 15"
24 Quarter — October — December ~ due by February 15
3 Quarter — January — March — due by May 15"
4% ~~ Quarter — April — June — due by August 15"
TRAINING
Vendor to provide all training materials and user manuals.
SYSTEM WARRANTY
Equipment must carry a minimum one (1) year warranty that it is free from defects in
material and workmanship. If defects are identified, the successful vendor agrees to
repair or replace defective parts promptly on a like-for-like basis without additional cost
to the customer. Any and all items failing during the warranty period will be replaced
promptly free of charge. Upon significant failure, the warranty period will commence
again for a minimum 90 additional days. Significant failure shall be determined by the
Participating State Contract Administrator.
DEPARTMENT OF CORRECTIONS REQUIRMENTS
3.8.1. Security
3.8.1.1 Upon approval of the contract and prior to the start of work, each of
the staff assigned by the contractor and/or subcontractor to this project
may be required to sign non-disclosure agreements to be determined
by each participating State.
3.8.1.2 All non-disclosure agreements shall be enforced and remain in force
throughout the term of the contract.
3.8.1.3 All employees of vendors entering prison grounds must adhere to
NDOC Security Regulations (Attachment K).
3.8.2 Work Area/Project Preparation
Prior to commencement of work, the awarded vendor shall ensure that:
‘© Arrangements have been made for any disposal of waste materials per
Scope of Work;
All tools, equipment and materials are on hand; and
Any applicable worker training has been completed and documentation is
on site required.
3.8.3 Health and Safety Standards
Inmate Kiosks
RFP No. 1901 Page 16 3.83.1 The awarded vendor shall comply with all applicable federal, state,
and local requirements for protecting the safety of the contractor’s
employees, building occupants, and the environment.
3.83.2 ‘The awarded vendor must comply with all Federal, State and Local
rules and regulations.
3.84 Employee Background Clearance Requirements
Upon contract award, and at least four (4) days prior to beginning work, the
awarded vendor shall submit a completed Contractors Background Check
Applications (Attachment M), Consent for Release of Criminal History Records
form (DOC560) for each employee who will be working on this project (unless
previously cleared for the Site Visit)
Note: No personnel entering the correctional facilities may be ex-felons.
Forms must be sent to:
NDOC Contracts
Attn: Martha Simas
P.O. Box 7011
Carson City, NV 89701
Phone: (775) 887-3319 / Fax: (775) 887-3343
Email: msimas@idoc.nv.gov
Faxes or e-mailed forms will be accepted, but the original form must be sent by
US postal mail within three (3) days or clearance may be revoked.
3.9 OPTIONAL/OTHER SERVICES
‘Vendor may submit additional options. Options must be listed in detail.
3.10 DOCUMENTATION
3.10.1 Detailed technical system documentation and system design specifications,
descriptions of all proposed kiosk hardware and software, operating instructions,
footprints, power and environmental requirements, model numbers, makes, serial
numbers, electrical and grounding requirements, temperature and humidity
ranges, software components and features, etc.
3.10.2 As applicable, prior to production implementation, the successful vendor shall
provide to the DOC detailed technical system documentation, detailed system
design specifications, descriptions of all proposed kiosk hardware and software,
operating instructions, footprints, power and environmental requirements, model
numbers, makes, serial numbers, electrical and grounding requirements,
temperature and humidity ranges, software components and features, etc.
4. PROJECT TERMS AND CONDITIONS
4.1 Contractual Special Terms and Conditions
Inmate Kiosks RFP No. 1901 Page 17 4.1.1 Participating Addendum ~ Individual Participating States may, through a
Participating Addendum, limit:
4.1.1.1 The awardees;
4.1.1.2. Available financial vehicles;
4.1.1.3 Equipment Groupings, segments, models, standardized configurations,
available accessories, available software;
4.1.1.4 Exclusion of geographical arcas;
4.1.1.5 As well as additional items as deemed necessary by the Participating
State,
4.1.1.6 States may also, through the Participating Addendum, expand or restrict
these options for Participating Political Subdivisions.
5 COMPANY BACKGROUND AND REFERENCES
51 PRIMARY VENDOR INFORMATION
‘Vendors must provide a company profile. Information provided shall include:
5.1.1 Company ownership (sole proprietor, partnership, etc).
5.1.1.1 Incorporated companies must identify the state in which the company is
incorporated and the date of incorporation. Please be advised, pursuant to
NRS §80.010, incorporated companies must register with the State of
Nevada, Secretary of State's Office as a foreign corporation before a
contract can be executed between the State of Nevada and the awarded
vendor, unless specifically exempted by NRS §80.015.
5.1.1.2 The selected vendor, prior to doing business in the State of Nevada, must
be appropriately licensed by the Office of the Secretary of State pursuant
to NRS §76. Information regarding the Nevada Business License can be
located at http://sos.state.nv.us. Vendor's must provide the following:
* Nevada Business License Number
© Legal Entity Name
Is “Legal Entity Name” the same name as vendor is doing business
as? [ ] Yes [ ]No
If “No,” provide explanation.
5.1.2. Disclosure of any alleged significant prior or ongoing contract failures, contract
breaches, any civil or criminal litigation or investigation pending which involves
the vendor or in which the vendor has been judged guilty or liable with the State
of Nevada.
5.1.3 Location(s) of the company offices and location of the office that will provide the
services described in this RFP.
5.1.4 Number of employees both locally and nationally.
5.1.5. Location(s) from which employees will be assigned.
5.1.6 Name, address and telephone number of the vendor's point of contact for a
contract resulting from this RFP.
5.1.7 Company background/history and why vendor is qualified to provide the services
described in this RFP.
Tnmaie Kiosks RFP No. 1901 Page 18 53
5.1.8 Length of time vendor has been providing services described in this RFP to the
public and/or private sector. Please provide a brief description.
5.1.9 Has the vendor ever been engaged under contract by any State of Nevada agency?
[ ] Yes [ ] No If Yes,” specify when, for what duties, and for which agency.
5.1.10 Is the vendor or any of the vendor’s employees employed by the State of Nevada,
any of its political subdivisions or by any other government?
[ ] Yes [ ] No If*Yes.” is that employee planning to render services while on
annual leave, compensatory time, sick leave, or on his own time?
5.1.11 Resumes for key staff to be responsible for performance of any contract resulting
from this RFP.
5.1.12 Financial information and documentation to be included in Part III of vour
response in accordance with the Submittal Instructions.
5.1121 Dunand Bradstreet number
$.1.12.2 Federal Tax Identification Number
5.1.12.3 ‘The last two - (2) years and current year interim:
Profit and Loss Statement
Balance Statement
REFERENCES
Vendors should provide a minimum of three (3) references from similar projects
performed for private, state and/or large local government clients within the last three
years. Vendors are required to submit Attachment D, Reference Form to the
business references they list. The business references must submit the Reference
Form directly to the Purchasing Division. It is the vendor's responsibility to ensure
that completed forms are received by the Purchasing Division on or before the proposal
submission deadline for inclusion in the evaluation process. Business References not
received, or not complete, may adversely affect the vendor's score in the evaluation
process. The Purchasing Division may contact any or all business references for
validation of information submitted.
5.2.1. Client name;
5.2.2 Project description;
5.2.3 Project dates (starting and ending);
5.2.4 Technical environment; (i, Software applications, Intemet capabilities, Data
communications, Network, Hardware)
5.2.5 Staff assigned to reference engagement that will be designated for work per this
RFP; and
5.2.6 Client project manager name, telephone number, fax number and e-mail address.
SUBCONTRACTOR INFORMATION
5.3.1 Does this proposal include the use of subcontractors?
Yes No Unknown
If “Yes”, vendor must at the time of Participating Addendum:
5.3.1.1 Identify specific subcontractors by state and the specific requirements of
this RFP for which each proposed subcontractor will perform services.
Inmate Kiosks
RFP No. 1901 Page 19 Note: All Cost Proposals shall be submitted to the State as a separate, sealed package and
clearly marked: “Cost Proposal in Response to RFP No. 1901”, please refer to the
Submittal Instructions for further instruction,
The Vendor(s) shall report contract utilization and pay-an administrative fee of .5% of the total
kiosk spend to MCPA, paid quarterly. The MCPA/NASPO directors approved the level of the
administration fee, and the fee is not negotiable. The administrative fee is to be paid quarterly
within 60 days of the end of the quarter (See section 3.5 of the RFP for Reporting Schedule). In
addition to the MCPA administrative fee, some NASPO and non-NASPO states may require that
a fee be paid directly to the state on purchases made by procuring entities within that state. For
all such requests, the fee level, payment method and schedule for such reports and payments
shall be incorporated in a Participating Addendum that is made a part of the contracts. The
Vendor(s) may adjust pricing accordingly for purchases made by procuring agencies within the
jurisdiction of the state. Any such price adjustment shall not exceed the dollar value of the
additional fee. All such agrecments shall have no affect whatsoever on the MCPA fee or on the
prices paid by the procuring agencies outside the jurisdiction of the state requesting the
additional fee.
Vendors must provide detailed fixed prices for all costs associated with the responsibilities and
related services. Clearly specify the nature of all expenses anticipated. Cost must be submitted
on Attachment L.. All pricing must be FOB destination regardless of state.
The State will not be liable for any costs in preparation of a proposal submitted in response to
this RFP, in conduct of a presentation, or any other activities responding to this RFP.
Vendor shall report to the Lead State any price reduction, discount or other more favorable terms
offered to any Purchasing Entity, and the awarded vendor agrees to negotiate in good faith to
reestablish ceiling prices or other more favorable terms and conditions applicable to future
orders.
7. PAYMENT
Commission/Revenue
If applicable per proposal, describe the commissions that will be paid to the Department for the
use of the system and music downloads.
7.1 Payment of commissions must be made on a monthly basis, to each participating state by
check or money order. (See attachment L)
7.2 Additional details related to commission payments, due dates, penalties for late payment,
tc, will be clarified in each participating addendum,
Purchase
7.3 Payment for the contracted service will be within 30 - 45 days upon receipt of invoice
and the Customers approval.
Tamate Kiosks ‘RFP No, 1901 ‘Page 20 74
15
‘Successful vendors will invoice the customer in each Participating State directly with that
customer paying the vendor or their authorized distributors directly.
‘No additional payment will be authorized due to labor, materials, equipment, or any other
extra costs necessary to meet codes, standards, and regulations.
8 SUBMITTAL INSTRUCTIONS
8.1
8.2
In lieu of a pre-proposal conference, the Purchasing Division will accept questions and/or
‘comments in writing regarding this RFP.
The RFP Question Submittal Form is located on the Services RFP/RFQ Opportunities
webpage at hitp://purchasing state.nv.us/services/sdocs.htm. Select this RFP number and
the “Question” link.
The deadline for submitting questions is April 5, 2011 at 2:00 pm., Pacific Time. All
questions and/or comments will be addressed in writing and responses e-mailed or faxed
to prospective vendors on or about April 12, 2011.
RFP Timeline
TASK DATE/TIME
Deadline for submitting questions April 5, 2011 at 2:00 p.m.
Answers to all questions submitted available on or about April 12, 2011
Deadline for submittal of Reference Questionnaires April 29, 2011 @ 5:00 pan.
Deadline for submission and opening of proposals May 4, 2011 @ 2:00 p.m.
Evaluation period May 5 ~ May 25
‘Vendor Presentations (approximate time frame) May 24, 2011
Selection of vendor on or about May 24, 2011
NOTES: These dates represent a tentative schedule of events. The State reserves the
right to modify these dates at any time.
The State also reserves the right to forego vendor presentations and select
vendor(s) based on the written proposals.
8.3 Proposal submission requirements:
8.3.1 Vendors shall submit their response in three (3) parts as designated below:
Part I:_ Technical Proposal
One (1) original marked “MASTER” sent to State of Nevada Purchasing
Division.
Eight (8) identical copies ~ One (1) each of these copies to be sent to the
sourcing team listed in Section 8.3.3.
‘One (1) identical copy on CD (Note: CD must be labeled accordingly
and in a case.) sent to State of Nevada Purchasing Division.
Inmate Kiosks
‘RFP No. 1901 Page 21
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