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BROWARD COUNTY SHERIFF’S OFFICE<strong>2601</strong> W. BROWARD BLVD.FT. LAUDERDALE, FL 33312REQUEST FOR LETTER OF INTERESTRLI # 10409007ForPRISONER TRANSPORT SERVICESTO AUGMENT EXISTING SERVICESFORTHE BROWARD SHERIFF’S OFFICEIssue Date: October 28, 2009


RLI # 10409007PRISONER TRANSPORT SERVICES TO AUGMENT EXISTING SERVICESFOR THE BROWARD SHERIFF’S OFFICEREQUEST FOR LETTER OF INTERESTThe Broward Sheriff's Office (BSO) will receive formal sealed Letters of Interest andStatement of Qualifications and Experience for "PRISONER TRANSPORTSERVICES TO AUGMENT EXISTING SERVICES“ until 3:00 p.m. on November30, 2009. It is the Proposer's sole responsibility to ensure that Letters of Interestare received on or before the due date and time at the following address: BrowardSheriff's Office, Purchasing Bureau, <strong>2601</strong> West Broward Blvd., Ft. Lauderdale,Florida, 33312. Proposals received a<strong>ft</strong>er the deadline noted above will not beaccepted.Scope of the services to be provided and submittal format is detailed in the Requestfor Letter of Interest (RLI) document attached. Insurance is required.The Broward Sheriff’s Office reserves the right to waive or modify any irregularitiesand technicalities in this RLI and in proposals received. BSO further reserves theright to take any other action that may be necessary or in the best interest of BSO; inproposals received; to request additional information, to exercise its discretion and toapply its judgment in all matters pertaining to the RLI. BSO further reserves the rightto reject any or all proposals, with or without cause, to waive technical errors andinformalities or to accept the proposals, which in its judgment, best serves BSO.BSO further reserves the right to cancel this RLI and re-solicit if determined to be inits’ best interest. BSO’s decision(s) in dispute resolution(s) will be final.At BSO’s sole discretion, BSO will award this RLI to the firm(s) that BSO determinesto be the best qualified to perform the services.Michael BradyPurchasing Agent IIPurchasing Bureau2


RLI # 10409007PRISONER TRANSPORT SERVICES TO AUGMENT EXISTING SERVICESINDEXSECTION ONE – GENERAL Page #1 Scope 42 Cost of Preparing RLI 43 Contract Term/Renewal Period 44 Confidential & Proprietary 45 Agreement Provisions 46 Assignment 47 Subcontractors/Independent Contractors 4-58 Involvement in Community Betterment Programs 59 Non-Discrimination 510 Insurance 511 Agents/Brokers 5SECTION TWO – RLI PROCESS1 Selection/Negotiation Process 62 Cone of Silence 63 Acknowledgement/Request for Information &/or Clarifications 64 Review of Written Submittals 75 Presentations/Interviews 76 Technical Staff Participation 77 Award 7SECTION THREE – SUBMITTAL FORMAT1 Proposal Due Time and Date 82 Submittal Section Requirements 83 Proposal Submission Binding Method & Number of Copies Required 84 Format Submission Checklist Table 9SECTION FOUR – OBJECTIVES AND MANDATORY REQUIREMENTS OF THE RLI1 Objectives of the RLI 102 Mandatory Requirements 10-16SECTION FIVE – SCOPE OF SERVICES AND REQUIREMENTS1 Scope of Services 172 Proposer Qualifications 173 Fee Schedule 174 Responsibilities of Contractor 17ATTACHMENTS:A Submittal Section 19-24B Affidavit 25C Confidentiality Agreement 26D Drug Free Certification 27E Proposal Pricing Form / Exceptions to Proposal 28F Sample Insurance Certificate 29-31G No Bid Form 32H Vendor Registration 33EXHIBITS:A Jeanna Act 5 PAGESB Florida State Statute 493 34 PAGESC BSO Statistical Usage Data 2 PAGESD Federal Standards for Providing Prisoner Transportation 5 PAGES3


REQUEST FOR LETTERS OF INTERESTRLI # 10409007Pursuant to the Broward Sheriff's Office Procurement Standard Operating Procedures, theBroward Sheriff's Office invites qualified firms to submit Letters of Interest and Statements ofQualifications and Experience for consideration to provide services on the following project:PRISONER TRANSPORT SERVICES TO AUGMENT EXISTING SERVICESSECTION ONE – GENERAL1. SCOPE: The Scope of Services for Prisoner Transport Services to Augment ExistingServices is outlined in Section Five of this RLI.2. COST OF PREPARING/SUBMITTING RLI/ORAL PRESENTATION, ETC.: All cost(s)related to the preparation and submission of the RLI and oral presentations shall be borneby the Proposer.3. CONTRACT TERM/RENEWAL PERIOD: The initial term for Prisoner Transport Servicesto Augment Existing Services will be for a period of one (1) year, and shall automaticallyrenew for successive one (1) one-year periods, based on mutual agreement between theparties. In the event services are scheduled to end due to cancellation or expiration o<strong>ft</strong>he contract, the vendor shall continue services upon written request of the ContractManager or Purchasing Bureau Director.4. CONFIDENTIAL & PROPRIETARY: Broward Sheriff's Office is subject to Chapter 119,Florida Statutes, the “Public Records Law.” No claim of confidentiality or proprietaryinformation in all or any portion of a response to the RLI will be honored unless a specificexemption from the Public Records Law exists and it is cited in the submittal to the RLI.An incorrectly claimed exemption does not disqualify the firm, only the exemptionclaimed.5. AGREEMENT PROVISIONS: Proposer agrees that agreements resulting from thisprocess will be governed by the laws of the State of Florida, and the venue for any legalaction will be Broward County, Florida. Proposers shall meet all State and Federalcertification requirements, and any other applicable laws, industry codes and standardsthroughout the life of the contract.6. ASSIGNMENT: Subsequent Agreement may not be assigned by Proposer without theprior written approval of the SHERIFF which may not be unreasonably withheld.7. SUBCONTRACTORS/INDEPENDENT CONTRACTORS: Proposer may utilizesubcontractors or independent contractors to fulfill the terms of any resulting agreementprovided:7.1 Written approval by BSO, and7.2 Proposer remains liable for the acts of any subcontractors or independentcontractors, and7.3 Proposer indemnifies and defends the Broward Sheriff's Office from the acts oromissions of any subcontractor or independent contractor.4


7.4 Insurance limits and requirements will be the same for any and allsubcontractors as is defined in this RLI for Proposers unless otherwise agreedin writing by BSO.8. INVOLVEMENT IN COMMUNITY BETTERMENT PROGRAMS: The Broward Sheriff'sOffice is committed to ensuring equal opportunity in and equal access for firms regardlessof race, color, religion, national origin, gender, age, disability or sexual orientation. In thisregard, the Broward Sheriff's Office requires firms to show a good faith effort to purchasegoods, services and materials from minority and women owned vendor suppliers andsubcontractors. Proposers are encouraged to partner with the Broward Sheriff's Officein reinvestment efforts in the local community by displaying community involvement anddeveloping a community involvement reinvestment policy. Proposers are also requestedto submit any information, if applicable, demonstrating involvement in communitybetterment programs.9. NON-DISCRIMINATION: Proposer shall not discriminate against any client, employee orapplicant for employment because of race, age, color, religion, sex, national origin,physical or mental disability, marital status or medical status. Proposer shall comply withall applicable sections of the Americans with Disabilities Act. The Proposer agrees thatcompliance with this Article constitutes a material condition to this Contract, and that it isbinding upon the Proposer, its successors, transferees, and assignees for the periodduring which services are provided. The Proposer further agrees to ensure that itsindependent contractors/subcontractors are not in violation of the terms of this Section.10. INSURANCE REQUIREMENTS: See Sample Insurance Certificate and Requirements(Attachment F). A copy of your Certificate of Insurance and Endorsements with thelimits as required by BSO Risk Management must be submitted for approval prior toexecution of a contract.11. AGENT/BROKERS: The Broward Sheriff’s Office expects to deal directly withrepresentatives of the Proposer submitting and signing the RLI proposal, and havingauthority to bind the firm* * * E N D OF S E C T I O N O N E * * *5


SECTION TWO – RLI PROCEDURES1. SELECTION/NEGOTIATION PROCESS: It is anticipated, but not required, that the RLIprocess will proceed in the following manner: A Selection Committee (SC) will beresponsible for recommending the most qualified firm(s) with whom to begin negotiationof an agreement(s) for this project or to recommend rejection of all proposals or portionsof proposal(s).2. CONE OF SILENCE: This project is under a “Cone of Silence” starting with the issuedate of this RLI through contract signing. Any violation of this provision may result in theassociated firm being removed from consideration at BSO’s sole discretion.3. ACKNOWLEDGMENT/REQUEST FOR INFORMATION AND/OR CLARIFICATIONS:Each Proposer shall examine and review this RLI, indicating their understanding of eachpage by signing the Proposer Acknowledgement (Attachment A). Requests foradditional information or clarification regarding this RLI should be received within ten (10)calendar days of the due date of this RLI and shall be directed, in writing via U.S. Mail, fax(954-321-4286) or e-mail to Michael_Brady@sheriff.org. Verbal requests for informationor clarification will not be honored. BSO shall not be responsible for oral informationgiven by any BSO employee or other person.3.1 The person submitting the request for additional information or clarification shallbe responsible for its timely delivery. Requests received less than ten (10)calendar days prior to the deadline for submittal of this RLI might not beacknowledged. Proposers are cautioned that any communication prior toaward shall be limited to the designated representative of the PurchasingBureau as stated above.3.2 At its discretion, BSO may answer such inquiries by means of a writtenInformation Letter or an Addendum. The issuance of a written InformationLetter or Addendum is the only official method whereby interpretation,clarification or additional information can be given. Explanations or clarificationswhich do not require revision to the specifications will be issued in the form ofan Information Letter. Information Letters do not need to be signed or returnedwith the proposal.3.3 In the event that an inquiry is made in which the explanation or clarificationrequires substantial change to the specifications, a formal Addendum will beissued to all document holders. The Proposer shall be required to sign theAddendum and include it with the proposal. If an Addendum is issued to thisRLI, BSO will attempt to notify all known prospective Proposers, however, itshall be the responsibility of each Proposer, prior to submitting their proposal,to access the BSO web site to determine if an Addendum was issued and tomake such Addendum a part of their proposal. For instant access visit:www.sheriff.org/about_bso/admin/purchasing/solicitations.6


4. REVIEW OF WRITTEN SUBMITTALS: Each firm should submit documents that provideevidence of capability to provide the services required for this project. The SC at its solediscretion will determine the responsiveness of a Submittal. Any non-responsivesubmittal will be eliminated from further consideration. BSO reserves the right to acceptor reject any or all submittals, and/or waive irregularities and technicalities.4.1 BSO, in its sole discretion, may shortlist and request oral presentations fromeach of the shortlisted firms. If presentations/interviews are deemed necessaryby the SC, each short listed firm will be contacted to advise of the date and timefor presentations/interviews. Proposers are cautioned that their submittalshould be as complete as possible in the event that oral interviews are deemednot necessary.4.2 Proposers are encouraged to offer concepts that are cost effective and willprovide superior service while affording maximum benefit to BSO. TheBroward Sheriff's Office will not consider oral/written communications a<strong>ft</strong>er thedue date of the RLI, except as otherwise set forth within this RLI.5. PRESENTATIONS/INTERVIEWS: The SC may provide a list of subject matters thatmust be discussed in the Proposer’s presentation. Each short listed firm will be givenequal time to make presentations, but the question-and-answer time may vary. Therecommendation to begin negotiations with the selected firm will be made by the SC a<strong>ft</strong>erapproval by appropriate BSO authorities. Selection of a firm(s) is contingent upon theparties negotiating and executing a mutually acceptable agreement.6. TECHNICAL STAFF PARTICIPATION: Technical staff serves purely in an informationgathering capacity unless additional authority is delegated by the SC.7. AWARD:7.1 At BSO’s sole discretion, BSO will award this RLI to the firm(s) that BSOdetermines to be most qualified to perform the work. The intent of thissolicitation is to award a contract to all qualified firms. However, BSO reservesthe right at its sole discretion to award this contract to any number of firm(s) asis in the best interest of BSO.7.2 Special conditions and scope of subsequent agreement(s) may vary as bestserves BSO.7.3 BSO reserves the right at BSO’s sole discretion to waive irregularities andtechnicalities, postpone, accept or reject any and all proposals in whole or inpart, and to cancel this RLI and re-solicit as is in BSO’s best interest.7.4 Withdrawal of Proposal: Any proposal may be withdrawn up until the date andtime set above for opening of the proposals. Any proposals not so withdrawnshall constitute an irrevocable offer for a period of 120 calendar days from thesolicitation opening date. Proposers are cautioned to examine all terms,conditions, specifications, addenda, delivery instructions and other conditionspertaining to this Request for Letters of Interest (RLI). Failure of the Proposerto examine all pertinent documents shall not entitle Proposer to any relief fromthe conditions imposed in the RLI.* * * E N D OF S E C T I O N TWO * * *7


SECTION THREE - SUBMITTAL FORMAT1. PROPOSAL DUE DATE AND TIME: The Purchasing Bureau must receive submittalsno later than 3:00 p.m. (ET) on November 30, 2009. PROPOSALS SENT VIA FAX ORE-MAIL, AND/OR LATE OR MISDIRECTED SUBMITTALS WILL NOT BE ACCEPTED.2. SUBMITTAL SECTION REQUIREMENTS: Attachment A (Submittal Section) is requiredto be completed and submitted with your proposal. Each proposal should contain anindex indicating what is included in each section. (Failure to follow these instructions mayresult in your proposal being declared non-responsive).MARK EACH COPY OF EACH SUBMISSION AND EACH SEALED ENVELOPE/BOX ASFOLLOWS.- RLI # 10409007- RLI Name – Prisoner Transport Services To Augment Existing Services- The Name of the Firm or Company Submitting (Legal Name)- RLI – Due Time/Date: November 30, 20093. PROPOSAL SUBMISSION BINDING METHOD & NUMBER OF COPIES REQUIRED:Each copy should be bound in a 3-ring binder with locking mechanism or other bindingmethod to ensure that the pages do not become loosen in shipment. Interested firmsshould submit one (1) original and seven (7) exact copies of materials of your response tothis RLI in a sealed package. Also include an electronic copy of your submittal affixed tothe original proposal. It is recognized that some documentation such as brochures cannot be included in the electronic copy. Financial information is also to be affixed tooriginal submittal proposal. The address label, containing the RLI number, title, companyname and opening date should be affixed to the outside sealed envelope or box andaddressed, as appropriate, to:VIA U.S. MailBroward Sheriff’s OfficePurchasing BureauP.O. Box 9507Ft. Lauderdale, FL33310Attn: Michael BradyVIA COURIER OR HAND DELIVEREDBroward Sheriff’s OfficePurchasing Bureau<strong>2601</strong> W. Broward Blvd.Ft. Lauderdale, FL 33312Attn: Michael BradyOriginal BoundHard Copy ofProposalExact copies of the originalproposalExact copy of the originalsubmittal in Electronic Format(MS Office Products or Adobe).Attach to Original Submittal.Proposal submittal 1 7 1Financial Documentation(To support your firm’sfinancial stability. D & B orapproved equivalent.1 1 Attach to Original Submittal8


4. FORMAT SUBMISSION CHECKLIST TABLE: Proposer is to submit the RLI in thefollowing format, indexed as indicated below:SectionNumberDocumentation to be included in SubmittalIntroductory Letter (Maximum of 2 pages long) Indicate the legal name of the entity submitting theproposal, address, contact person, phone number, brief statement about your firm and why your firm wouldbe the best qualified firm to provide Prisoner Transport Services to Augment Existing Services for BSO.Financial Section: (One Original and One (1) copy are to be affixed to your firm’s original proposal binder.)a) Evidence that your firm is authorized to do business in the State of Florida;b) Evidence of corporate financial stability. Most recent copy of Dun & Bradstreet report (preferably withinthree (3) months of RLI due date) should be submitted & inserted in this section. Other financialdocumentation including but not limited to audited financial statements may be requested.(Note: The Section Numbers are cross-referenced to the Section Numbers in Attachment A. Thesubmittal sections are to be completed, indexed and returned as follows:1 Attachment A, Section One: 1.1) Company Profile; 1.2) Proposer Acknowledgment; 1.3) Addenda and/orInformation Letters; 1.4) Con<strong>fl</strong>ict of Interest; 1.5) Broward County Occupational License (If Broward Countyfirm), and any other licenses, etc.; 1.6) Litigation/Judgments/ Settlements/Debarments/ Suspensions;1.7) Community Betterment Programs; 1.8) Other Governmental Agencies; 1.9) Affidavit (Attachment B;1.10) Confidentiality Agreement(s) (Attachment C); 1.11) .Drug Free Workplace (Attachment D); 1.12)Insurance (Attachment F)2 Attachment A, Section Two: 2.1) Chronological history of the corporation; 2.2) Corporate Leadership andOrganizational Chart; 2.3) Corporate Awards; 2.4) Experience/References3 Attachment A, Section Three: This section’s responses should demonstrate the efficiency and effectivenessof proposed Services and the Proposer’s ability to meet BSO’s objectives as described throughout the RLI.4 Attachment A, Section Four: Supplemental Information: Special features, qualifications, corporatestrengths, and any other factors that the Proposer believes are relevant to the selection process.5 Attachment A, Section Five: Additional Information: Any additional information not previously listed.* * * E N D O F S E C T I O N THREE * * *9


SECTION FOUR – OBJECTIVES & MANDATORY REQUIREMENTS1. OBJECTIVES OF RLI: The Broward Sheriff’s Office is seeking to enter into anagreement with responsive and responsible firm(s) qualified to provide all servicesnecessary to perform Prisoner Transport Services to Augment Existing services per theterms, conditions and specifications in this RLI in a cost effective manner.2. MANDATORY REQUIREMENTS OF THE RLI: The following qualifications aremandatory. Failure to meet the Mandatory Requirements listed in this Section shall resultin removing your firm from consideration.2.1. FINANCIAL STABILITY: Proposers shall be stable and financially solvent.Include one original and one copy of documentation of Proposer’s stability,including Proposer’s Dun & Bradstreet Report preferably issued within threemonths of the proposal due date. Also include Proposer’s most recent annualreport and/or financial statements. These documents should be affixed to the“original” proposal binder submitted by the Proposer. Proposer shall inAttachment A (Section Two, paragraph 2.1) acknowledge if Proposer and/orSubcontractor(s) are presently negotiating a sale, acquisition or merger, whichwould alter the Proposer’s structure as stated in this section.2.2. LEGALLY AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA:Proposer shall provide documentation that the Proposer is legally authorized todo business in the State of Florida, or, alternatively, will obtain a certificate toconduct business in the State of Florida prior to contract execution.2.3. COMPANY BACKGROUND AND QUALIFICATIONS: Proposer shall have atrack record of providing quality, reliable Prisoner Transport Services with ahigh level of performance while maintaining cost efficiencies. Must havesatisfactorily performed similar services for similar scope of services.Reference checks may be performed as a method of verifying priorperformance. Other verification methods may be utilized. Must be completelyknowledgeable in all aspects of work required for services listed in this RLI.2.4. LAWS, ORDINANCES, REGULATIONS: Must comply with all Federal, Stateand Local laws, ordinances for work required for services listed in this RLI.2.4.1 Proposer must comply with the Jeanna Act (See Exhibit “A”) and thestandards set by this act (See Exhibit “D”).2.4.2 Must be licensed as required by the State of Florida (Ref: FloridaStatutes 493 – Exhibit “B”) in addition to any and all licenses as maybe required by other jurisdictions including Federal Requirements.2.4.3 Must comply with Florida Statute 944.597. Personnel employed by thePrisoner Transport Services firm who are based in the state shall meetthe minimum standards in accordance with Florida Statute 943.13, andthe personnel employed with the Prisoner Transport Services firmbased outside of Florida shall meet the minimum standards for acorrectional <strong>office</strong>r or law enforcement <strong>office</strong>r in the state where theemployee is based (Reference: Florida Statute 944.597 (2) and (3).10


2.5. TRANSPORTATION OF PRISONERS:2.5.1 Upon the request of SHERIFF, CONTRACTOR agrees to provideSHERIFF with transportation services for prisoners to and fromBroward County.2.5.2 CONTRACTOR agrees to transport all prisoners by safe and reliablemeans of transportation that meet the safety standards and regulationsestablished by all governmental bodies with jurisdiction over the areastraveled by CONTRACTOR in accordance with the Jeanna Act. I<strong>ft</strong>here is a con<strong>fl</strong>ict between the standards and regulations, the morestringent shall apply.2.5.3 CONTRACTOR shall be solely responsible for the security of allprisoners while in the CONTRACTOR’s custody.2.5.4 CONTRACTOR agrees to make a reasonable number of stops to allowprisoners to utilize toilet facilities.2.5.5 CONTRACTOR shall adhere to standards which provide for humanetreatment of prisoners while in the custody of CONTRACTOR.2.5.6 CONTRACTOR shall provide safe and secure housing for all prisonersas required by law at only approved detention facilities. The housingmust provide the prisoner with the opportunity to receive proper rest,shower, and meet other hygienic needs.2.5.7 CONTRACTOR further agrees to provide each prisoner with at leastthree (3) meals within a twenty-four (24) hour period.2.5.8 Notwithstanding anything to the contrary contained herein,CONTRACTOR agrees to abide by all laws, rules, codes andregulations concerning the care of prisoners even if such laws, rules,codes and regulations are more stringent than the standards providedherein.2.6. NON-EXCLUSIVE AGREEMENT2.6.1 The parties hereby acknowledge and agree that the resultantagreement shall be a non-exclusive agreement, and that SHERIFFreserves the right to procure the transportation services describedherein from other vendors or by utilizing BSO deputies or other lawenforcement <strong>office</strong>rs.2.7. PICKUP OF PRISONERS2.7.1 CONTRACTOR agrees to provide the SHERIFF with a list of thenames, ID Card numbers, and signatures of CONTRACTOR’semployees or agent authorized to receive custody of prisoners on11


CONTRACTOR’s behalf. The CONTRACTOR shall be responsible forproviding SHERIFF with updates to such list.2.7.2 SHERIFF shall provide CONTRACTOR with a pickup deadline for allprisoners.2.7.3 CONTRACTOR shall be fully responsible for insuring that all prisonersare picked up before the designated pickup deadline. In the event aprisoner is unavailable for pickup due to the CONTRACTOR’s failure tomeet the pickup deadline, SHERIFF shall be relieved of any and allcosts associated with such pickup.2.7.4 CONTRACTOR shall contact the holding facility twelve (12) hours priorto pickup to insure that the prisoner is available for such pickup.CONTRACTOR shall document the call made to such facility.2.7.5 In the event the prisoner is unavailable at the time of pick up, SHERIFFshall pay the CONTRACTOR’s standard minimum transportationcharge, but in no event will such charge exceed fi<strong>ft</strong>y percent (50%) o<strong>ft</strong>he total contracted price for the applicable trip. In the eventCONTRACTOR fails to contact the holding facility no more than twelve(12) hours prior to reaching the SHERIFF’s designated pickup point,SHERIFF shall be relieved of any and all costs associated with suchpickup if upon arrival the prisoner is unavailable for pickup.2.7.6 SHERIFF shall have the right to cancel its pick up order within fortyeight(48) hours a<strong>ft</strong>er placing the order. Any other cancellations maybe made only with the consent of the CONTRACTOR. If theCONTRACTOR is en route or attempts to pick up a prisoner and thenthat pick up is canceled, the SHERIFF, at the option of theCONTRACTOR, is subject to a cancellation charge equivalent toCONTRACTOR’s standard minimum transportation charge, but in noevent will such charge exceed fi<strong>ft</strong>y percent (50%) of the totalcontracted price for the applicable trip.2.8. IDENTIFICATION OF PRISONERS2.8.1 SHERIFF shall provide CONTRACTOR with all necessaryidentification information concerning the prisoner to be transported toBroward County.2.8.9 CONTRACTOR shall be responsible for the actual physicalidentification of the prisoner.2.9. MANNER OF PERFORMANCE2.9.1 CONTRACTOR agrees to perform its duties and obligations under theresultant agreement in accordance with all applicable federal and statelaws, statutes, rules, codes, and regulations.12


2.9.2 CONTRACTOR agrees that the services provided under the resultantagreement shall be provided by employees that are educated, trained,experienced, certified, and licensed in all areas encompassed withintheir designated duties. CONTRACTOR agrees to furnish SHERIFFany and all documentation, certifications, authorizations, licenses,permits, or registrations currently required by applicable laws or rulesand regulations. CONTRACTOR further certifies that it and itsemployees will maintain all licenses, permits, registrations,authorizations, or certifications required by applicable laws orregulations in full force and effect during the term of the resultantagreement. Failure of CONTRACTOR to comply with thisparagraph shall constitute a material breach of the agreement.2.9.3 CONTRACTOR’s employees shall exhibit the utmost professionalappearance and demeanor while providing the services contemplatedherein.2.10. MEDICAL CONDITIONS2.10.1 To the extent permitted by law, SHERIFF agrees to provideCONTRACTOR with information concerning the medical condition ofprisoners being transported to Broward County. SHERIFF will make agood faith effort to obtain and fax to CONTRACTOR a medicalauthorization / disclosure form, from the holding facility prior to thepick-up. The parties recognize and acknowledge that the SHERIFFmakes no representations or warranties regarding the completeness oraccuracy of the medical authorization / disclosure form provided by theholding facility. In the event a holding facility refuses to complete themedical authorization / disclosure form, CONTRACTOR will work incooperation with the SHERIFF to effectuate the transportation of theapplicable prisoner.2.10.2 In a case in which the holding facility has not accurately advised theSHERIFF of the prisoners’ medical condition(s) as determined by theinformation SHERIFF provides CONTRACTOR pursuant to paragraph2.10.1, CONTRACTOR shall contact the warrants supervisor forapproval of transportation prior to accepting custody of the prisoner.2.10.3 CONTRACTOR reserves the right to refuse transportation of prisonerswith medical conditions that may deteriorate as a result of motorvehicle transportation. In the event CONTRACTOR refuses totransport any prisoner due to medical conditions that have been fullydisclosed to CONTRACTOR, CONTRACTOR agrees to immediatelynotify the SHERIFF. In such case, SHERIFF will not be charged forthe services and expenses incurred by CONTRACTOR in making suchtrip.13


2.10.4 For other than life threatening emergency medical conditions duringtransportation, CONTRACTOR will obtain approval from the BSOManager of Warrants or a Warrants Supervisor before obtainingmedical treatment. All medical costs shall be paid by SHERIFF unlessattributed to acts or omissions of CONTRACTOR as provided inparagraph 2.10.5.2.10.5 CONTRACTOR shall be liable for medical costs incurred by prisonersduring transportation, which are attributed to the acts or omissions o<strong>ft</strong>he CONTRACTOR, its employees, agents, or servants.2.10.6 CONTRACTOR agrees that its employees, agents, or servantstransporting prisoner(s) shall be trained in first aid, CPR, and anystatutory or regulatory mandated medical procedure.2.11. DELAYS IN TRANSPORTATION2.11.1 In the event of unusual incidences, emergencies, delays, or otherextenuating circumstances arising during the transportation of anyprisoner, the CONTRACTOR shall promptly notify the BSO Manager o<strong>ft</strong>he Warrants Division or a Warrants Supervisor.2.11.2 CONTRACTOR shall be responsible for all prisoner costs incurredduring any delay in transportation. Prisoner costs shall include, but notbe limited to, food and lodging.2.12. PROPERTY: Maximum property to be transported for any prisoner will belimited to a bag or box 12 x 12 x 24 and weighing no more than 10 pounds.2.13. DELIVERY/RETURN OF PRISONERS2.13.1 CONTRACTOR agrees to deliver prisoners held in another jurisdictionto the SHERIFF’s facilities and return prisoners from SHERIFF’sfacilities to be delivered to another jurisdiction within six (6) days (forout of the State of Florida) and within twenty-four (24) hours (within theState of Florida) from the date of pickup, unless a different period o<strong>ft</strong>ime is included in CONTRACTOR’s quote for the transport and suchtime period is agreed to by the SHERIFF’s Warrants Division. Thenumber of days and the delivery date shall be agreed upon prior to thetransport.2.13.2 In the event CONTRACTOR fails to deliver a prisoner to theSHERIFF’s facility on or before the delivery date, as determined inaccordance with paragraph 2.13.1 and fails to notify the SHERIFF onor before the next calendar day (“notice date”) regarding the status o<strong>ft</strong>he applicable prisoner; reason(s) for the delay; and the expecteddelivery date, CONTRACTOR shall pay to SHERIFF the sum of fi<strong>ft</strong>ydollars ($50.00) for each day a<strong>ft</strong>er the notice date, including Saturdays,Sundays, and holidays, until the SHERIFF receives proper notice as14


described in this paragraph. It is agreed that the sum of fi<strong>ft</strong>y dollars($50.00) per day is the proper measure of liquidated damages that theSHERIFF will sustain per diem by the failure of CONTRACTOR tomeet the conditions described in this paragraph. This sum is not to beconstrued as a penalty.2.13.3 CONTRACTOR shall be responsible for ensuring that the custody o<strong>ft</strong>he prisoner is only given to authorized personnel of the SHERIFF.2.14. COMPENSATION2.14.1 The quoted rate for pickups performed by CONTRACTOR shall bedetermined in accordance with the procedures described in paragraph2.14.2.2.14.2 CONTRACTOR, at the request of SHERIFF, may submit a writtenmileage rate quote including the per mile rate and any applicablesurcharges, in a format acceptable to Manager of Warrants, for aspecific pickup. SHERIFF shall evaluate the quotation received by theCONTRACTOR and other transportation vendors. SHERIFF reservesthe right to reject any and all quotes in whole or in part. In the eventSHERIFF accepts CONTRACTOR’s quote, such mileage rate shallserve as a basis in determining the consideration to be paid toCONTRACTOR for that specific pickup. The parties agree that theterms and conditions stated herein along with the CONTRACTOR’swritten mileage rate quotation for a specific pickup shall serve as abinding agreement with regards to such pickup.2.14.3 For each pickup, mileage is determined by a National recognizedRouting System, most current version, based upon the nationalnetwork mileage.2.14.4 SHERIFF, shall be entitled to a minimum of twenty-five (25%) discountfor an additional prisoner transported between the same pick up anddrop off points at the same time.2.14.5 CONTRACTOR shall submit a detailed invoice to SHERIFF forservices provided. All invoices shall be due and payable within thirty(30) days of receipt and approval by SHERIFF.2.15. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING It isagreed that no waiver or modification of subsequent Agreement or of anycovenant, condition or limitation contained in it shall be valid unless it is inwriting and duly executed by the party to be charged with it, and that noevidence of any waiver or modification shall be offered or received inevidence in any proceeding, arbitration, or litigation between the partiesarising out of or affecting the resultant agreement, or the right or obligations ofany party under it, unless such waiver or modification is in writing and dulyexecuted.15


2.16. EMPLOYMENT RESPONSIBILITY2.16.1.Any employees utilized by CONTRACTOR to fulfill the terms and conditionsof this subsequent Agreement shall be deemed employees ofCONTRACTOR, not of SHERIFF.2.16.2.Accordingly, CONTRACTOR shall be responsible for assuming the cost ofcontributions to pension funds, insurance premiums, workers compensationfunds (Chapter 441, FSA), or other recognized employee fringe benefits.2.16.3 .SHERIFF shall not be liable for and CONTRACTOR agrees to indemnifySHERIFF against any liability resulting from injury or illness, of any kindwhatsoever, to CONTRACTOR’s employees, agents, or servants during theperformance of the services, duties, and responsibilities contemplated herein.2.16.4.SHERIFF reserves the right to approve or reject, for any reason,CONTRACTOR’s staff transporting prisoners pursuant to the Agreement.2.16.5.CONTRACTOR will perform background checks (i.e. criminal background) onall employees and agents providing service under the Agreement to ensurethat such employees and agents are fit for providing prisoner transportationservices.2.16.6.CONTRACTOR represents that its principal owners, partners, corporate<strong>office</strong>rs, employees, agents providing service under subsequent Agreement,do not have any past felony criminal convictions or any pending criminalcharges. CONTRACTOR has disclosed all such convictions and pendingcriminal charges to the SHERIFF and further agrees to disclose any futureconvictions or pending criminal charges.*** END OF SECTION FOUR ***16


SECTION FIVE - SCOPE OF SERVICES & REQUIREMENTS1. SCOPE OF SERVICES: The Broward Sheriff’s Office, the nation’s largest fullyaccredited full service public safety agency, is seeking qualified firm(s) to providePrisoner Transport Services to Augment Existing Services.The purpose of this solicitation is to secure a qualified vendor list to provide PrisonerTransport Services to augment existing services both for within the State of Florida andout of state for the Broward Sheriff’s Office. Individuals will be independent contractorsand not employees of BSO. By virtue of submitting a proposal, proposer agrees thatthey are an independent contractor and solely liable for the prisoner while the prisoneris in their custody. BSO makes no guarantee of the actual volume of services that willbe required and reserves complete discretion concerning the frequency of use of theproviders. The Prisoner Transport Services detailed herein are to be performed for theBroward Sheriff's Office on a contractual basis for an initial contract period of one (1)year with the option to renew for additional one year terms based on performance andas may be in the best interest of BSO. This is not an exclusive contract.2. PROPOSER QUALIFICATIONS FOR PRISONER TRANSPORT SERVICES TOAUGMENT EXISTING SERVICES: Requirements in addition to the mandatoryrequirements listed in Section Four. Failure to meet the requirements may result inremoving your firm from consideration.3. FEE SCHEDULE: Fee schedule is not to be submitted with your proposal. TheBroward Sheriff’s Office will request individual quotes for each prisoner transport servicerequired.4. RESPONSIBILITIES OF CONTRACTOR: The specifications set forth are forinformational purposes and to provide a general description of the requirement.Proposers shall be responsible to submit technical submittal based upon their programthat will meet the goals, objectives and requirements set forth herein.*** END OF SECTION FIVE***17


ATTACHMENTSAttachment A – Submittal SectionAttachment B – AffidavitAttachment C – Confidentiality AgreementAttachment D - Drug Free Workplace CertificateAttachment E - Proposal Pricing Form(s)Attachment F – Sample Insurance CertificateAttachment G – Statement of "No Bid" FormAttachment H – Vendor Registration18


ATTACHMENT ASUBMITTAL SECTIONRLI # 10409007Prisoner Transport Services to Augment Existing ServicesSECTION ONE:1.1 COMPANY PROFILE: Letters of Interest should clearly indicate the legal name, addressand telephone number of the Proposer, together with legal entity (corporation, partnership,individual). Payment will be made to company name shown only. The undersignedauthorized representative agrees to terms and conditions of this RLI.Legal Company NameCompany Street AddressCity, State, Zip CodeIndicate Above if Corporation, PartnershipOr Individual submitting ProposalTyped Name of Officer of CompanySubmitting ProposalTitle of Officer Submitting ProposalFederal ID NumberE-Mail Address of OfficerTelephone NumberCell Phone Number of OfficerFAX Number1.2 PROPOSER ACKNOWLEDGEMENT: Proposer by signing below confirms that they haveread and understands and will comply with the terms, conditions and specifications/scopeof this Request for Letter of Interest and any addenda, if issued. The signer shall havethe authority to bind the Proposer to the submitted proposal.____________________________________ ______________________________Signature of Officer of CompanyTitleSubmitting Proposal1.3 ADDENDA: Proposer to indicate Addenda # (if issued): Addenda #______________Addenda #______________1.4 CONFLICT OF INTEREST: For purposes of determining any possible con<strong>fl</strong>ict of interest,all Proposers must disclose if any BSO employee or family member(s) is also an owner,corporate <strong>office</strong>r, or employee of their business.19


Indicate either "yes" (A BSO employee or family member(s) is also associated with yourbusiness), or "no". If yes, give person(s) name(s) and position(s) with your business.Yes Name(s) and Position(s)No ___1.5 BROWARD COUNTY OCCUPATION LICENSE # AND EXPIRATION DATE: A copy ofyour Broward County Occupation License (if your firm is a Broward Firm) should beattached to this section. Evidence that your firm is authorized to do business in the State ofFlorida (two copies) is to be affixed to the Original Proposal Binder._____________________________________License #___________________Expiration Date1.6 LITIGATION/JUDGEMENTS/SETTLEMENTS/DEBARMENTS/SUSPENSIONS:Submit information on any pending litigation and any judgments and settlements of courtcases relative to providing services as outlined in this RLI that have occurred within the lastthree years. Also indicate if your firm has been debarred or suspended from doingbusiness with any government agency and/or professional board.________________________________________________________________________________________________________________________________________________1.7 COMMUNITY BETTERMENT PROGRAM: Refer to Section One, paragraph 8 of this RLI.________________________________________________________________________________________________________________________________________________1.8 OTHER GOVERNMENTAL AGENCIES:Please indicate if your firm would be willing to extend this offer to other Florida Sheriff’sOffices, other Florida Police Department and/or other Florida Governmental Agencies withsimilar requirements. If yes, the other agencies would be responsible for negotiating andentering into their own contract with your firm.Other Florida Sheriff’s Office(s) Yes ___ No ___Other Florida Police Department(s) Yes ___ No ___Other Florida Governmental Agencies Yes ___ No ___20


1.9 AFFIDAVIT must be affixed to this submittal section (Attachment B).1.10 CONFIDENTIALITY AGREEMENT must be affixed to this Section of your submittal(Attachment C).1.11 DRUG FREE WORKPLACE: must be affixed to this Section of your submittal(Attachment D).1.12 INSURANCE: Certificate of Insurance or other documentation including aggregate limitsshould be included with the proposal. (Sample Insurance Certificate - Attachment F).21


ATTACHMENT ASECTION TWO - EXPERIENCE: (Proposer may attach additional pages if required)2.1 CHRONOLOGICAL HISTORY OF CORPORATION: Chronological history of thecorporation including mergers, buyouts, etc. is to be listed below:________________________________________________________________________________________________________________________________________________________________________________________________________________________2.2 CORPORATE LEADERSHIP AND ORGANIZATIONAL CHART: A listing of your firm’scorporate leadership is to be listed below. A corporate organizational chart is to be affixed.________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________2.3 CORPORATE AWARDS/CERTIFICATIONS: A listing of corporate awards pertinent to thissolicitation is to be included below.________________________________________________________________________________________________________________________________________________________________________________________________________________________2.4 EXPERIENCE/REFERENCES: Proposer’s current and past experience in performingservices as outlined in this RLI, including company background:________________________________________________________________________________________________________________________________________________________________________________________________________________________2.4.1 Number of years (with similar demographics) providing Prisoner TransportationServices: ________ years2.4.2 List a minimum of three references, for which your firm currently provides PrisonerTransportation Services:22


AGENCY/COMPANY NAME:ADDRESS/CITY/STATE:CONTACT PERSON/PHONE#CONTACT PERSON EMAIL:************************************************************************AGENCY/COMPANY NAME:ADDRESS/CITY/STATE:CONTACT PERSON/PHONE #:CONTACT PERSON EMAIL:************************************************************************AGENCY/COMPANY NAME:ADDRESS/CITY/STATE:CONTACT PERSON/PHONE #:CONTACT PERSON EMAIL:Attach additional sheets if required.23


ATTACHMENT ASECTION THREE: This section’s responses should demonstrate the efficiency and effectivenessof proposed Services and the Proposer’s ability to meet BSO’s objectives as described throughoutthe RLI; including but not limited to: Prisoner Transportation Services.SECTION FOUR: (Supplemental Information): Any Special features, qualifications, corporatestrengths, and any other factors that the Proposer believes are relevant to the selection processare to be listed here.SECTION FIVE: (Additional Information): Any other requested information not previously listed.* * * E N D O F ATTACHMENT "A" * * *24


ATTACHMENT BAFFIDAVITThe undersigned Proposer hereby certifies that the information provided below is accurate. Indicate whichparagraph applies by affixing your initials next to paragraph 1 or paragraph 2.____1. None of the Proposer’s Corporate Officers, Owners, Partners, Employees, Agents or individuals thatwill be working on this BSO contract have been convicted of a misdemeanor, felony or have criminalaction pending.OR____2. The following Proposer’s Corporate Officers, Owners, Partners, Employees, Agents or individuals thatwill be working on this BSO contract have been convicted of a misdemeanor, felony or have criminalaction pending. Note: Further documentation may be required. Attach a supplemental sheet ifneeded and also have the additional sheet notarized.1.____________________________________ ________________________________________Legal NameDriver’s License Number (Attach copy)______________________________________ ________________________________________Previous Names UsedTitle/Duties performed2.____________________________________ ________________________________________Legal NameDriver’s License Number (Attach copy)______________________________________ ________________________________________Previous Names UsedTitle/Duties performed3.____________________________________ ________________________________________Legal NameDriver’s License Number (Attach copy)______________________________________ ________________________________________Previous Names UsedTitle/Duties performedIt is the successful Proposer’s responsibility to notify BSO during the term of the contract ifadditional names need to be added to the above affidavit due to conviction of a felony or havecriminal action pending. Verbal notification is required within 24 hours and written notification isrequired within three (3) BSO workdays. The notice shall include name and the position title of theemployee and duties performed.Successful Proposer must maintain an environment that is safe and will not be harmful to the publicor to BSO employees._________________________(Proposer Signature)________________________________(Company Name)_________________________ ________________________________(Print Name)(Address)State of _______________________ County of _______________________Sworn to and subscribed before me this _______day of _____________________, _______,by _______________________________________________________________________as ______________________________(title) of _________________________________ known to meto be the person described herein, or who produced ___________________ as identifications.NOTARY PUBLIC:___________________________ ____________________________ _________________________(Signature) (Print Name) My commission expires*** END OF ATTACHMENT B ***25


ATTACHMENT CConfidentiality AgreementNote: To be completed by those involved in the RLI processand for Successful Proposer employees involved in the project a<strong>ft</strong>er award.WHEREAS, Al Lamberti, Sheriff of Broward County ("SHERIFF") has entered into an Agreement with________________________________, an independent contractor, ("CONTRACTOR")(Company Name)wherein CONTRACTOR will be performing certain work and services for SHERIFF, more specifically described in thesolicitation document.WHEREAS, CONTRACTOR has assigned ____________________________ to perform such work on behalf ofCONTRACTOR;(Individual’s Name)WHEREAS, when performing such work and providing such services _________________________(Individual’s Name)may become aware of confidential information related to the business of the SHERIFF including, but not limited to, undercovervehicle information, criminal intelligence information, and criminal investigative information, andNOW THEREFORE, in consideration of SHERIFF's using CONTRACTOR to perform services and for other good andvaluable consideration _____________________________ agrees as follows:(Individual’s Name)I. Acknowledgment of Confidentiality. ______________________________ hereby acknowledges that(Individual’s Name)( he / she ) may be exposed to confidential information including, without limitation, criminal intelligence(Circle one of the above)information, criminal investigative information, blueprints, designs and plans (whether in hard copy or electronic format) andother information that is confidential or exempt from disclosure pursuant to federal, state or local laws, rules, codes, or regulationsand other information designated as confidential ("Confidential Information"). Confidential Information does not include (i)information already known or independently developed by ___________________________ and/or____________________________;(Individual’s Name)(Company Name)(ii) information in the public domain through no wrongful act of _____________________________and/or(Company Name)__________________________, or (iii) information received by ____________________________ and/or(Individual’s Name)(Company Name)______________________from a third party who was free to disclose it.(Individual’s Name)II. Covenant Not to Disclose. With respect to the Confidential Information, ________________________(Individual’s Name)hereby agrees that during the term of rendering services or performing work and at all times therea<strong>ft</strong>er_________________________ shall not use, commercialize or disclose such Confidential Information to any(Individual’s Name)person or entity, except to such other parties as SHERIFF may approve in writing and under such conditions as SHERIFF mayimpose.IN WITNESS WHEREOF, ____________________ executes this Confidentiality Agreement on the date set forth below.(Individual’s Name)(CONTRACTOR) EMPLOYEE/SUBCONTRACTOREmployee Signature (Individual’s Name)DateWitnessDate*** END OF ATTACHMENT C ***26


ATTACHMENT DDRUG FREE WORKPLACE CERTIFICATIONThe undersigned Proposer hereby certifies that it will provide a drug-free workplace program by:(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the Proposer's workplace, and specifying the actionsthat will be taken against employees for violations of such prohibition;(2) Establishing a continuing drug-free awareness program to inform its employees about:(i) The dangers of drug abuse in the workplace;(ii) The Proposer’s policy of maintaining a drug-free workplace;(iii) Any available drug counseling, rehabilitation, and psychological service; and(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;(3) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph(1);(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition ofemployment on a covered contract, the employee shall:(i) Abide by the terms of the statement; and(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violationoccurring in the workplace no later than 5 calendar days a<strong>ft</strong>er such conviction;(5) Notifying Broward Sheriff's Office in writing within 10 calendar days a<strong>ft</strong>er receiving notice under subdivision (4)(ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall includename and the position title of the employee;(6) Within 30 calendar days a<strong>ft</strong>er receiving notice under subparagraph (4) of a conviction, taking one or more of thefollowing actions with respect to an employee who is convicted of a drug abuse violation occurring in theworkplace:(i) Taking appropriate personnel action against such employee, up to and including termination; and/or(ii) Requiring such employee to satisfactorily participate in and complete a drug abuse assistance or rehabilitationprogram approved for such purposes by a federal, state, or local health, law enforcement, or other appropriateagency; and(7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6)._______________________________(Proposer Signature)______________________________(Print Name)________________________________(Legal Company Name)________________________________(Address)State of ________________________ County of _______________________The foregoing instrument was acknowledged before me this __________day of __________, _______, by _______________________________________as _______________________(title) of _________________________________ who is known to me to bethe person described herein, or who produced ____________________________ as identification;NOTARY PUBLIC:_____________________________ _____________________________ _________________________(Signature) (Print Name) My commission expires*** END OF ATTACHMENT D ***27


ATTACHMENT EPROPOSAL PRICING FORMThe undersigned Proposer does declare that no persons other than the Proposer hereinnamed has any interest in this proposal or in the contract to be taken, and that it is madewithout any connection with any other person or persons making proposal for the samearticle, and is in all respects fair and without collusion or fraud.The undersigned further declares that the specifications have been carefully examined andthe Proposer is thoroughly familiar with its provisions and with the quality, type and grade ofrequired services. The undersigned certifies that any exceptions to the proposalspecifications are noted in the exceptions section. All specifications not noted thereon areas requested. The undersigned also understands that any exceptions presented a<strong>ft</strong>er theaward, may be cause for cancellation of award.The undersigned understands that this Proposal must be signed in ink and that anunsigned Proposal will be considered incomplete and subject to rejection by BSO.Subject to deviations stated below, the undersigned, by the signature evidenced,represents that the Proposer accepts the terms, conditions, mandates, and other provisionsof the foregoing General Terms and Conditions (Section One), RLI Process (Section Two),Submittal Format (Section Three) and the Specifications (Sections Four and Five), and anyand all Addenda and/or Information Letters issued. Said documents being the strict basisupon which the said Proposer makes this proposal.EXCEPTIONS TO PROPOSAL: NOTES – ANY REPRESENTATION (BELOW) OREXCEPTION(S) MAY CAUSE THIS PROPOSAL TO BE REJECTED BY BSO.The following represents every deviation (itemized by number) to the foregoing GeneralTerms and Provisions, the Special Conditions and the Technical Specifications upon whichthis Proposal is based, to wit:Pricing is not to be submitted with this proposal. Individual quotations will berequested by BSO for each individual prisoner transportation request.***END OF ATTACHMENT E ***28


University of California, Santa BarbaraQuick TipsUnderstanding the Acord Certificate of Insurance1. PRODUCERInsuranceAgent/Brokerwho issuescertificate.2. NAME OFINSUREDMust be the legalname of thecontracting party.3. TYPES OFINSURANCEMust include thetypes of insurancerequired bycontract.4. POLICYFORM“Claims made”or “occurrence”form; seeGlossary fordefinitions.5. NAMEDADDITIONALINSUREDThe Regents o<strong>ft</strong>he University ofCalifornia must benamed additionalinsured.6. CERTIFICATEHOLDERMust be TheRegents of theUniversity ofCalifornia.ACORD ®PRODUCERCODEINSUREDCERTIFICATE OF INSURANCESUB-CODEISSUE DATE (MM/DD/YY)THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERSNO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOWCOMPANY ALETTERCOMPANYLETTER BCOMPANYCLETTERCOMPANYLETTER DCOMPANYLETTER ECOMPANIES AFFORDING COVERAGECOVERAGESTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.COLTRABCBBill Jones Insurance AgencyLicense #0C3250540 E. Main St. Ste. 1100Santa Clarita, CA 94405Ph.#: 800/683-005Society of Communal CareeristsP. O. Box 41229Claymore, CA 92906TYPE OF INSURANCEGENERAL LIABILITYXAUTOMOBILE LIABILITYXXXPOLICY NUMBERPOLICY EFFECTIVE POLICY EXPIRATIONDATE (MM/DD/YY) DATE (MM/DD/YY)ALL LIMITS (IN THOUSANDS)EACHEXCESS LIABILITYAGGREGATEX466998981/10/99OCCURRENCE$ 1,000UMBRELLA FORM 3,000$OTHERCOMMERCIAL GENERAL LIABILITYCLAIMS MADEWORKERS’ COMPENSATIONANDEMPLOYER’S LIABILTYDESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMSCERTIFICATE HOLDEROCCUR.OWNER’S & CONTRACTOR’S PROT.ANY AUTOALL OWNED AUTOSSCHEDULED AUTOSHIRED AUTOSNON-OWNED AUTOSGARAGE LIABILITYXOTHER THAN UMBRELLA FORMNGA0105086-090105081-RDEJKA010-9087654CANCELLATIONAUTHORIZED REPRESENTATIVETRAVELERS INDEMNITY OF WISCONSINRELIANCE INSURANCE OF PENNSYLVANIASTATE INSURANCE COMPANYGENERAL AGGREGATEPRODUCTS-COMP/OPS AGGREGATEPERSONAL & ADVERTISING INJURYEACH OCCURRENCEFIRE DAMAGE (Any one fire)MEDICAL EXPENSE (Any one person)COMBINEDSINGLE $ 1,000LIMITBODILYINJURY $(Per person)BODILYINJURY(Per accident)PROPERTYDAMAGESTATUTORY LIMITS(EACH ACCIDENT)(DISEASE-POLICE LIMIT)(DISEASE-EACH EMPLOYEE)SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TOMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THELEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION ORLIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.ACORD 25-S (3/88) © ACORD CORPORATION 1988$$X$ 1,000$ 1,000$ 1,00009/02/99$$$$$$3,0001,0001,0001,00050Exclud.The Regents of the University of California, its <strong>office</strong>rs, agents, and employees arenamed as additional insureds but only in connection with the Society of CommunalCareerists use of the UCSB Robertson Gym on December 12 - 14, 1999.The Regents of the University ofCaliforniaPhysical Activities & RecreationUniversity of CaliforniaSanta Barbara, CA 93106Attn: Carol Smith, Coordinator10/1/99 10/1/004/7/994/7/99Bill Jones4/7/001/10/004/7/007. POLICYEFFECTIVEDATEMust be prior to orcoincidental witheffective date ofcontract.8. POLICYEXPIRATIONDATEIf occurrence form,date must be onor a<strong>ft</strong>er terminationof contract9. LIMITS OFINSURANCEMust be the sameor greater thanrequired by thecontract.10. DESCRIPTIONOF OPERATIONSRegents are o<strong>ft</strong>ennamed additionalinsured here;place & eventsometimesdescribed here.11. NOTICE OFCANCELLATIONMust be modifiedas indicated; 30days required.12. AUTHORIZEDREPRESENTATIVEMust be signed,not stamped.The ACORD Certificate of Insurance1. THE PRODUCER: Produces or orders Certificate for insured; answersquestions, revises certificate to meet contract requirements.2. NAME OF INSURED: Must be legal name of contracting party.3. TYPES OF INSURANCE: Must include types required by contract.4. POLICY FORM: Will indicate claims-made or occurrence form; see“8. Policy Expiration Date” and Glossary for additional information.5. NAMED ADDITIONAL INSURED: The Certificate must state, eitherunder Description of Operations or by attached endorsement, that TheRegents of the University of California are additional insured.6. CERTIFICATE HOLDER: Must be The Regents of the University ofCalifornia; address must include campus, department, contact person.7. POLICY EFFECTIVE DATE: Must be prior to or coincidental with effectivedate of contract.8. POLICY EXPIRATION DATE: For “occurrence” form coverage, dateshould be on or a<strong>ft</strong>er the termination date of contract; if “claims-madecoverage,” coverage must survive for a period not less than three yearsfollowing termination of contract and shall provide for a retroactive dateof placement prior to or coinciding with the effective date of contract.9. LIMITS OF INSURANCE: Must be same or greater than required bycontract.10. DESCRIPTION OF OPERATIONS: Review information in this sectionto determine it is consistent with contract.11. NOTICE OF CANCELLATION: This language must be modified toread: “Should any of the above described policies be cancelled beforethe expiration date thereof, the issuing company will mail 30 days noticeto the certificate holder named to the le<strong>ft</strong>.”12. AUTHORIZED REPRESENTATIVE: Must be signed by an authorizedrepresentative of Producer.Quick Tips: Understanding the Acord Certificate of Insurance • rev. 4/04Risk Management, UC Santa Barbarahttp://www.riskmanagement.ucsb.edu


INSURANCE REQUIREMENTS1. Throughout the term of this Agreement and for all applicable statutes of limitationsperiods, Contractor shall maintain in full force and effect the insurance coverages setforth in this Article.2. All insurance policies shall be issued by companies that (a) are authorized to dobusiness in the State of Florida, (b) have agents upon whom service of process maybe made in Broward County, Florida, and (c) have a Best’s rating of A-VI or better.3. All insurance policies shall name and endorse the following as additional insureds:the Broward County Sheriff’s Office, BSO, the Sheriff, Broward County, the Board ofCommissioners of Broward County and their <strong>office</strong>rs, agents, employees andcommission members with a CG026 Additional Insured – Designated Person orOrganization endorsement, or similar endorsement to the liability policies.4. All insurance policies shall be on an occurrence basis and shall be endorsed toprovide that (a) Contractor’s insurance is primary to any other insurance available tothe additional insureds with respect to claims covered under the policy and (b)Contractor’s insurance applies separately to each insured against whom claims aremade or suit is brought and that the inclusion of more than one insured shall notoperate to increase the insurer’s limit of liability.A. Contractor shall carry the following minimum types of insurance and submitinsurance information with the proposal including aggregate limits:1. Workers’ Compensation Insurance. Contractor shall carry Worker’sCompensation insurance for statutory obligations imposed by WorkersCompensation or Occupational Disease Laws, including whereapplicable, the United States Longshoreman’s and Harbor WorkersAct, the Federal Employers Liability Act and the Jones Act whichincludes Employers’ Liability insurance with a limit of not less than$1,000,000 for each accident, $1,000,000 for each disease, and$1,000,000 for aggregate disease.2. Commercial General Liability Insurance. (Coverage forprofessional/law enforcement liability) Contractor shall carryCommercial General Liability Insurance with limits of not less than twomillion ($2,000,000) dollars per occurrence combined single limit forBodily Injury and Property Damage. The insurance policy must includecoverage that is not more restrictive than the latest edition of theCommercial General Liability Policy, without restrictive endorsements,as filed by the Insurance Services Office, and the policy must includecoverage for premises and/or operations, independent contractors,products and/or completed operations for contracts, contractualliability, broad form contractual coverage, broad form property damage,products, completed operations, personal injury and cross liability.Personal injury coverage shall include coverage that has the Employeeand Contractual Exclusions removed.3. Professional Liability (Errors and Omissions) Insurance. Contractorshall carry Professional Liability coverage for it and its employees thathas a limit of not less than three million ($3,000,000) dollars combined30


single limit. If the Contractor has coverage in greater amounts or if thenature of the agreement requires additional insurance, then the limitswill be increased.4. Business Automobile Liability Insurance. Contractor shall carryBusiness Automobile Liability insurance with minimum limits of onemillion ($1,000,000) dollars per occurrence, combined single limitBodily Injury Liability and Property Damage. The policy must be nomore restrictive than the latest edition of the Business AutomobileLiability policy without restrictive endorsements, as filed by theInsurance Services Office, and must include owned vehicles and hiredand non-owned vehicles.5. Employee Fidelity Insurance:. Contractor shall carry Employee FidelityInsurance with a minimum limit of one million ($1,000,000) Dollars.6. Umbrella or Excess Liability Insurance. Contractor may satisfy theminimum liability limits required above under an Umbrella or ExcessLiability policy. There is no minimum Per Occurrence limit of liabilityunder the Umbrella or Excess Liability; however the Annual Aggregatelimit shall not be less than the highest “Each Occurrence” limit for anyof the policies noted above. Contractor agrees to name and endorsethe Broward County Sheriff’s Office, BSO, the Sheriff, Broward County,the Board of Commissioners of Broward County and their <strong>office</strong>rs,agents, employees and commission members as additional insureds.* * * END OF ATTACHMENT F * * *31


ATTACHMENT GSTATEMENT OF "NO BID" FORMLEGAL COMPANY NAME:_______________________________________________AUTHORIZED SIGNATURE:________________________________________________RLI #/Name: #09409007 Prisoner Transport Services To Augment Existing ServicesWE HAVE ELECTED NOT TO SUBMIT A REQUEST FOR LETTER OF INTEREST DUE TO THEFOLLOWING REASON (S):INSUFFICIENT TIME TO RESPOND.DO NOT OFFER THIS PRODUCT/SERVICE.UNABLE TO MEET SPECIFICATIONS.UNABLE TO MEET SERVICE REQUIREMENTS.WORKLOAD DOES NOT ALLOW US TO BID.SPECIFICATIONS UNCLEAR OR TOO RESTRICTIVE.OTHER (PLEASE SPECIFY):________________________________________________________________________________________________________________________________________________PLEASE RETURN TO:BROWARD SHERIFF'S OFFICEPURCHASING BUREAUP.O. BOX 9507FORT LAUDERDALE, FL 33310* * * E N D O F A T T A C H M E N T G * * *32


STOPATTACHMENT H ATTENTION VENDORS PRIOR TO SUBMITTINGYour Quote, Bid, or Proposal, please visitwww.sheriff.org/apps/vendor/new.cfmand register as a vendorIf you are a registered vendor, please visitwww.sheriff.org/apps/vendor/login.cfmto update and verify yourCompany’s informationShould you encounter problems withregistering or updating,contact our on-line expert at:Jason_Spaide@sheriff.orgWe thank you in advance for your cooperationand your interest in doing business with theBROWARD SHERIFF’S OFFICE33


EXHIBITSExhibit A – Jeanna ActExhibit B – Florida State Statute 493Exhibit C – BSO Statistical Usage DataExhibit D – Federal Standards for Providing Prisoner Transportation34


BROWARD COUNTY SHERIFF’S OFFICE<strong>2601</strong> W. BROWARD BLVD.FT. LAUDERDALE, FL 33312REQUEST FOR LETTER OF INTERESTRLI # 10409007EXHIBIT “A”


BROWARD COUNTY SHERIFF’S OFFICE<strong>2601</strong> W. BROWARD BLVD.FT. LAUDERDALE, FL 33312REQUEST FOR LETTER OF INTERESTRLI # 10409007EXHIBIT “B”


BROWARD COUNTY SHERIFF’S OFFICE<strong>2601</strong> W. BROWARD BLVD.FT. LAUDERDALE, FL 33312REQUEST FOR LETTER OF INTERESTRLI # 10409007EXHIBIT “C”


2008 EXTRADITIONS - MONTHLY STATISTICS - CALENDAR YEAROUT OF STATEINQUIRIESSAO DECLINESTOTALTRANSPORTED TOBROWARDFLYINGARMEDTRANSCOR CON-LINKDETENTIONTRANSPORTUS MARSHALOTHERIN STATETOTAL TRANSPORTEDTO BROWARDDETENTIONTRANSPORTPOSTED BONDTRANSCOROTHERJANUARY 60 9 59 32 1 26 0 0 0 233 124 51 57 1FEBRUARY 70 17 36 17 0 19 0 0 0 257 139 42 73 3MARCH 61 26 51 18 0 33 0 0 0 229 147 37 42 3APRIL 52 16 42 20 0 22 0 0 0 241 163 45 32 1MAY 77 25 36 18 0 18 0 0 0 277 176 35 66 0JUNE 95 41 42 21 0 21 0 0 0 291 181 37 73 0JULY 82 32 33 14 0 17 0 0 2 301 204 41 53 3AUGUST 106 21 46 14 0 32 0 0 0 264 183 30 51 0SEPTEMBER 75 17 46 22 0 24 0 0 0 236 127 59 47 3OCTOBER 88 34 46 17 0 29 0 0 0 261 169 47 43 2NOVEMBER 64 29 37 13 0 24 0 0 0 231 152 67 1 (Conlink) 12DECEMBER 78 36 45 20 0 25 0 0 0 191 152 38 0 (Conlink) 1TOTALS: 908 303 519 226 1 290 0 0 2 3012 1917 529 538 16


2009 EXTRADITIONS - MONTHLY STATISTICS - CALENDAR YEAROUT OF STATEINQUIRIESSAODECLINESTOTALTRANSPORTED TOBROWARDFLYINGARMEDPTS CON-LINKDETENTIONTRANSPORTUSPTOTHERIN STATETOTALTRANSPORTED TOBROWARDDETENTIONTRANSPORTPOSTED BONDUSPTTRANSCOROTHERJANUARY 73 28 37 26 0 11 0 0 0 199 153 45 N/A 0 1FEBRUARY 75 21 31 7 0 18 0 6 0 246 177 49 19 0 1MARCH 72 27 41 7 4 12 0 18 0 249 138 80 31 0 0APRIL 90 36 30 4 1 13 0 12 0 269 174 65 30 0 0MAY 64 21 44 4 10 11 0 19 0 228 116 78 34 0 0JUNE 85 36 42 5 7 16 0 14 0 201 131 37 33 0 0JULY 102 38 50 4 11 10 0 25 0 252 180 53 18 0 1AUGUST 63 21 30 7 7 0 0 16 0 225 126 69 29 0 1SEPTEMBER 79 25 37 1 3 5 0 28 0 223 154 43 26 0 0OCTOBERNOVEMBERDECEMBERTOTALS: 703 253 342 65 43 96 0 138 0 2092 1349 519 220 0 4


BROWARD COUNTY SHERIFF’S OFFICE<strong>2601</strong> W. BROWARD BLVD.FT. LAUDERDALE, FL 33312REQUEST FOR LETTER OF INTERESTRLI # 10409007EXHIBIT “D”


EXHIBIT “D”Code of Federal RegulationsTitle 28: Judicial AdministrationPART 97—STANDARDS FOR PRIVATE ENTITIES PROVIDING PRISONER OR DETAINEE SERVICESSection Table of Contents§ 97.1 Purpose.§ 97.2 Definitions.§ 97.11 Pre-employment screening.§ 97.12 Employee training.§ 97.13 Maximum driving time.§ 97.14 Guard-to-prisoner ratio.§ 97.15 Employee uniforms and identification.§ 97.16 Clothing requirements for transported violent prisoners.§ 97.17 Mandatory restraints to be used while transporting violent prisoners.§ 97.18 Notification of local law enforcement prior to scheduled stops.§ 97.19 Immediate notification of local law enforcement in the event of an escape.§ 97.20 Standards to ensure the safety of violent prisoners during transport.§ 97.22 No pre-emption of federal, State, or local laws or regulations.§ 97.24 No civil defense created.§ 97.30 Enforcement.Authority: Pub. L. 106–560, 114 Stat. 2784 (42 U.S.C. 13726b).Source: Order No. 2640–2002, 67 FR 78710, Dec. 26, 2002, unless otherwise noted.§ 97.1 Purpose.This part implements the provisions of The Interstate Transportation of Dangerous Criminals Act of 2000,Public Law 106–560, 114 Stat. 2784 (42 U.S.C. 13726b) (enacted December 21, 2000) (“the Act”), to provideminimum security and safety standards for private companies that transport violent prisoners on behalf of State andlocal jurisdictions.§ 97.2 Definitions.(a) Crime of violence. The term “crime of violence” has the same meaning as in section 924(c)(3) of title18, United States Code. Section 924(c)(3) states that the term crime of violence means an offense that is a felony andhas as an element the use, attempted use, or threatened use of physical force against the person or property of another,or that by its nature, involves a substantial risk that physical force against the person or property of another may be usedin the course of committing the offense.(b) Private prisoner transport company. The term “private prisoner transport company” (“company”)means any entity, other than the United States, a State, or an inferior political subdivision of a State, that engages in thebusiness of transporting for compensation individuals committed to the custody of any State or of an inferior politicalsubdivision of a State, or any attempt thereof.(c) Violent prisoner. The term “violent prisoner” means any individual in the custody of a State or aninferior political subdivision of a State who has previously been convicted of or is currently charged with a crime ofviolence or any similar statute of a State or the inferior political subdivisions of a State, or any attempt thereof.EXHIBIT “D” Page 1 of 5


§ 97.11 Pre-employment screening.Private prisoner transport companies must adopt pre-employment screening measures for all potentialemployees. The pre-employment screening measures must include a background check and a test for use of controlledsubstances. The failure of a potential employee to pass either screening measure will act as a bar to employment.(a)Background checks must include:(1) A fingerprint-based criminal background check that disqualifies persons with either a priorfelony conviction or a State or Federal conviction for a misdemeanor crime of domestic violence asdefined in 18 U.S.C. 921;(2) A Credit Report check;(3) A physical examination; and(4) A personal interview.(b)Testing for controlled substances.(1) Pre-employment testing for controlled substances must be in accordance with applicableState law.(2) In the event that there is no applicable State law, pre-employment testing for controlledsubstances must be in accordance with the provisions of Department of Transportation regulations at49 CFR 382.301 which will apply regardless of whether a private prisoner transport company iscovered by Department of Transportation regulations.(c) The criminal background check references in paragraph (a)(1) of this section may not be submitteddirectly to the FBI or any other Federal agency. The private prisoner transport companies must arrange the proceduresfor accomplishing the criminal background checks with their contracting governmental agencies. In the event that theprivate prisoner transport company is contracting with a privately run incarceration facility, and not directly with agovernmental entity, the private prisoner transport company will have to make arrangements through the privateincarceration facility to have the checks completed by the governmental entity ultimately requesting the transport.§ 97.12 Employee training.Private prisoner transport companies must require the completion of a minimum of 100 hours of employeetraining before an employee may transport violent prisoners. Training must include instruction in each of these sixareas:(a)(b)(c)(d)(e)(f)Use of restraints;Searches of prisoners;Use of force, including use of appropriate weapons and firearms;Cardiopulmonary resuscitation (CPR);Map reading; andDefensive driving.EXHIBIT “D” Page 2 of 5


§ 97.13 Maximum driving time.Companies covered under this part must adhere to the maximum driving time provisions applicable tocommercial motor vehicle operators, as set forth in Department of Transportation regulations at 49 CFR 395.3 whichwill apply regardless of whether a private prisoner transport company is covered by Department of Transportationregulations.§ 97.14 Guard-to-prisoner ratio.Companies covered under this part must adhere to certain minimum standards with respect to the number ofemployees required to monitor violent prisoners during transportation. Private prisoner transport companies must ensurethat at least one guard be on duty for every six violent prisoners transported. This requirement does not preclude acontracting entity from establishing more stringent guard-to-prisoner ratios.§ 97.15 Employee uniforms and identification.(a) Employee uniforms. Uniforms used by private prisoner transport companies must meet the followingrequirements:(1) Uniforms must be readily distinguishable in style and color from official uniforms worn byUnited States Department of Justice employees who transport violent offenders;(2) Uniforms must prominently feature a badge or insignia that identifies the employee as aprisoner transportation employee; and(3) Uniforms must be worn at all times while the employee is engaged in the transportation ofviolent prisoners.(b) Employee identification. Identification utilized by private prisoner transport companies must meet thefollowing requirements:(1) The identification credentials must clearly identify the employee as a transportationemployee. The credentials must have a photograph of the employee that is at least one inch square, aprinted personal description of the employee including the employee's name, the signature of theemployee, and date of issuance; and(2) The employee must display proper identification credentials on his or her uniform and ensurethat the identification is visible at all times during the transportation of violent prisoners.§ 97.16 Clothing requirements for transported violent prisoners.Companies covered under this part must ensure that all violent prisoners they transport are clothed in brightlycolored clothing that clearly identifies them as violent prisoners, unless security or other specific considerations makesuch a requirement inappropriate.§ 97.17 Mandatory restraints to be used while transporting violent prisoners.Companies covered under this part must, at a minimum, require that violent prisoners be transported wearinghandcuffs, leg irons, and waist chains unless the use of all three restraints would create a serious health risk to theprisoner, or extenuating circumstances (such as pregnancy or physical disability) make the use of all three restraintsimpracticable.§ 97.18 Notification of local law enforcement prior to scheduled stops.When transporting violent prisoners, private prisoner transport companies are required to notify local lawenforcement officials 24 hours in advance of any scheduled stops in their jurisdiction. For the purposes of this part, ascheduled stop is defined as a predetermined stop at a State, local, or private correctional facility for the purpose o<strong>fl</strong>oading or unloading prisoners or using such facilities for overnight, meal, or restroom breaks. Scheduled stops do notinclude routine fuel stops or emergency stops.EXHIBIT “D” Page 3 of 5


§ 97.19 Immediate notification of local law enforcement in the event of an escape.Private prisoner transport companies must be sufficiently equipped to provide immediate notification to lawenforcement in the event of a prisoner escape. Law enforcement officials must receive notification no later than 15minutes a<strong>ft</strong>er an escape is detected unless the company can demonstrate that extenuating circumstances necessitated alonger delay. In the event of the escape of a violent prisoner, a private prisoner transport company must:(a)(b)Ensure the safety and security of the remaining prisoners;Provide notification within 15 minutes to the appropriate State and local law enforcement officials;(c) Provide notification as soon as practicable to the governmental entity or the privately runincarceration facility that contracted with the transport company; and(d) Provide complete descriptions of the escapee and the circumstances surrounding the escape to Stateand local law enforcement officials if needed.§ 97.20 Standards to ensure the safety of violent prisoners during transport.Companies covered under this section must comply with applicable State and federal laws that govern thesafety of violent prisoners during transport.In addition, companies covered under this section are to ensure that:(a)Protective measures are in place to ensure that all vehicles are safe and well-maintained;(b) Vehicles are equipped with efficient communications systems that are capable of immediatelynotifying State and local law enforcement officials in the event of a prisoner escape;(c) Policies, practices, and procedures are in effect to ensure the health and physical safety of theprisoners during transport, including a first-aid kit and employees who are qualified to dispense medications andadminister CPR and emergency first-aid;(d) Policies, practices, and procedures are in effect to prohibit the mistreatment of prisoners, includingprohibitions against covering a prisoner's mouth with tape, the use of excessive force, and sexual misconduct;(e) Policies, practices, and procedures are in effect to ensure that juvenile prisoners are separated fromadult prisoners during transportation, where practicable;(f) Policies, practices, and procedures are in effect to ensure that female prisoners are separated frommale prisoners during transportation, where practicable;(g) Policies, practices, and procedures are in effect to ensure that female guards are on duty to supervisethe transportation of female violent prisoners, where practicable;(h) Staff are well trained in the handling and restraint of prisoners, including the proper use of firearmsand other restraint devices, and have received specialized training in the area of sexual harassment; and(i) Private transport companies are responsible for taking reasonable measures to insure the well being o<strong>ft</strong>he prisoners in their custody including, but not limited to, necessary stops for restroom use and meals, proper heatingand ventilation of the transport vehicle, climate-appropriate uniforms, and prohibitions on the use of tobacco, in anyform, in the transport vehicle.EXHIBIT “D” Page 4 of 5


§ 97.22 No pre-emption of federal, State, or local laws or regulations.The regulations in this part implement the Act and do not pre-empt any applicable federal, State, or local lawthat may impose additional obligations on private prisoner transport companies or otherwise regulate the transportationof violent prisoners. All federal laws and regulations governing interstate commerce will continue to apply to privateprisoner transport companies including, but not limited to: federal laws regulating the possession of weapons, FederalAviation Administration or Transportation Security Administration rules and regulations governing travel oncommercial aircra<strong>ft</strong>, and all applicable federal, State, or local motor carrier regulations. The regulations in this part in noway pre-empt, displace, or affect the authority of States, local governments, or other federal agencies to address theseissues.§ 97.24 No civil defense created.The regulations in this part on private prisoner transport companies are not intended to create a defense to anycivil action, whether initiated by a unit of government or any other party. Compliance with the regulations in this part isnot intended to and does not establish a defense against an allegation of negligence or breach of contract. Regardless ofwhether a contractual agreement establishes minimum precautions, the companies affected by the regulations in thispart will remain subject to the standards of care that are imposed by constitutional, statutory, and common law upontheir activities (or other activities of a similarly hazardous nature).§ 97.30 Enforcement.Any person who is found in violation of the regulations in this part will:(a)violation;(b)Be liable to the United States for a civil penalty in an amount not to exceed $10,000 for eachBe liable to the United States for the costs of prosecution; and(c) Make restitution to any entity of the United States, of a State, or of an inferior political subdivision ofa State, that expends funds for the purpose of apprehending any violent prisoner who escapes from a prisoner transportcompany as the result, in whole or in part, of a violation of the regulations in this part promulgated pursuant to the Act.EXHIBIT “D” Page 5 of 5

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