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Item Q5 REQUEST FOR QUALIFICATIONS MISDEMEANOR PROBATION SERVICES MONROE COUNTY, FLORIDA © 18 23 F dos � E CpUNTv 1N 'tr BOARD OF COUNTY COMMISSIONERS Mayor Sylvia Murphy, District 5 Mayor Pro-Tem, Danny L. Kolhage, District 1 Commissioner George Neugent, District 2 Commissioner Heather Carruthers, District 3 Commissioner David Rice, District 4 COUNTY ADMINISTRATOR COURT ADMINISTRATOR Roman Gastesi, Jr. Holly Elomina CLERK OF THE CIRCUIT COURT Amy Heavilin March 2014 Prepared by Natileene W. Cassel Assistant County Attorney NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on at 3:00 P.M. the Monroe County Purchasing Office will receive and open sealed responses for the following: REQUEST FOR QUALIFICATIONS MISDEMEANOR PROBATION SERVICES Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www. onroe bids.com or call toll-free at 1-800-711-1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 2-213, Key West, Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. 2 TABLE OF CONTENTS Page SECTION ONE 2 Instruction to Respondents SECTION TWO 10 General Terms and Conditions SECTION THREE Draft Contract 12 SECTION FOUR 28 Insurance Requirements SECTION FIVE 38 County Response Forms 1 SECTION ONE INSTRUCTION TO RESPONDENTS 1.01 DESCRIPTION The Respondent awarded a contract shall provide MISDEMEANOR PROBATION SERVICES for the Sixteenth Judicial Circuit for Monroe County as required by Florida Statutes. The contract will provide for the supervision, rehabilitation and probation services for defendants placed on probation by the County Court of Monroe County. The County and the County Court make no representations as to the number, if any, of cases that may be assigned under the proposed contract. Each Respondent shall review and be familiar with Florida Statutory requirements prior to submitting a bid. The County does not assume any responsibility for errors or misinterpretations of statutes and the Respondent shall be responsible for submitting a bid which follows said requirements. 1.02 COPIES OF BIDDING DOCUMENTS A. Only complete sets of Bidding Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Bidding Documents may be obtained in the manner and at the location stated in the Notice of Calling for Qualifications. 1.03 PROPOSAL REQUIREMENTS Responders must submit a total of six (6) complete packages, two (2) originals and four(4) copies. The two (2) original responses, marked "Original" and four(4) copies marked"Copy". All 6 complete packages must be received within the time frame set out in the Notice of Calling for Qualifications. 1.04 DISQUALIFICATION OF RESPONDENTS The following documents are located in SECTION FIVE COUNTY BID FORMS: A. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the bidders, the bid or proposals of all participants is such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $10,000.00 2 C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 1.05 EXAMINATION OF RFQ DOCUMENTS A. Each Respondent shall carefully examine the Request for Qualifications (RFQ) and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Contractor will in no way relieve him of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 1.06 INTERPRETATIONS, CLARIFICATIONS,AND ADDENDA No oral interpretations will be made to any respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. Written inquiries should be sent to Natileene Cassel, Assistant County Attorney, Office of County Attorney for Monroe County, Florida, P.O. Box 1026, Room 212, Key West, FL 33041-1026 or emailed to c_<b.4�°s l-ri<�.a(��uggg 6 .g w. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective respondents prior to the established bid opening date. Each respondent shall acknowledge receipt of such addenda in the space provided therefore in the bid form. In case any respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each respondent to verify that he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. 1.08 PREPARATION OF RESPONSES Signature of the respondent: The respondent must sign the response forms in the space provided for the signature. If the respondent is an individual, the words "doing business as or 3 "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the bid on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the bid must be submitted. The respondent shall state in the response the name and address of each person interested therein. 1.08.1 SUBMISSION OF RESPONSES A. Two (2) signed originals and Four (4) copies of each response shall be submitted. B. The response shall be submitted in a sealed envelope, which shall be marked so as to clearly indicate its contents and the name of the respondent. If forwarded by mail, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Calling for Qualifications, and preferably by special delivery, registered mail; if forwarded otherwise than by mail, it shall be delivered to the same address. Responses will be received until the date and hour stated in the Notice of Calling for Qualifications. C. Each respondent shall submit with his bid the required evidence of his qualifications and experience, as outlined in Article 1.09. D. Written modification of response will be accepted from Respondents only if prepared and delivered in the same manner as required for the original response, and must be received prior to due date and time for the response as set out in the Notice of Calling for Qualifications. It is the sole responsibility of the Respondent to ensure their Modification is received in a timely fashion. Any material received after the due date and time will be automatically rejected. 1.09 CONTENT OF SUBMISSION The proposal submitted in response to this Request for Qualifications (RFQ) shall be typed on 8-1/2" x 11" white paper and bound; shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Proposals shall be organized and sections tabbed. The respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each respondent must submit adequate documentation to certify the respondent's compliance with the County's requirements. Respondent should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the respondent's overall evaluation. The following information, at a minimum, shall be included in the Submittal: A. Cover Pate A cover page that states "REQUEST FOR QUALIFICATIONS FOR MISDEMEANOR PROBATION SERVICES." The cover page should contain respondent's name, address, telephone number, and the name of the respondent's contact person. 4 B. Tabbed Sections Tab 1. Service Areas and Hours of Operation The chosen respondent shall provide services and maintain an office in three service areas in Monroe County, Area 1-Key West and Lower Keys (County Courthouse, Key West); Area 2- Middle Keys (Marathon Courthouse); and Area 3-Upper Keys (Plantation Key Courthouse). The hours of operation of the Contractor shall be flexible to encourage employment of the probationers,. Respondent shall state that it is able to cover all services areas and advise the particulars on how it will do so. Each area shall have flexible office hours, and shall be open regular hours from 8:00 to 5:00 week days, or the equivalent; shall alternate personnel so as to remain open during the lunch hour, shall provide additional office hours one day per week at a minimum from 5:00 pm to 7:00 pm on week days and a minimum of four contiguous hours on Saturdays as needed to ensure probationers are able to report and maintain employment. On-call hours may be acceptable after regular office hours and on Saturdays so long as one regularly scheduled week day will be staffed until 7:00 pm and as long as a minimum of two Saturdays per month are staffed and/or the staff member on-call is able to respond to a scheduled probationers' appointment on Saturday. Tab 2. Respondent's approach to this project The respondent shall provide a history of the firm or organization, its mission, and how it sees the mission of the contract to be awarded pursuant to this RFQ process. How will the respondent converge its mission with the mission of the contract? Describe the respondent's philosophy of probation. Tab 3. Narrative Self-Analysis Respondent shall provide a narrative self-analysis of its strengths, weaknesses, and how each will impact the performance of the contract. A copy of the organization's analysis reports, or an equivalent, for the last two (2) years shall be included in this section. Tab 4. References Each respondent shall provide at least three (3) references of Florida local government or Court Systems accounts for which the respondent has provided the same or similar services during the past five (5) years. If necessary, you may list Monroe County as one of your references; this does not in any way give a Respondent priority in selection and other references are encouraged. If one of your references is Monroe County, note that you have worked for Monroe County, and the time in which you worked in this County. Each reference shall include, at a minimum: Name and full address of reference organization (current) Name of Chief Judge and/or Court Administrator Contact person for contract(current) Telephone number(s) Date of initiation of contract with reference Brief summary comparing the referenced services to these proposed services 5 Tab 5. Accounting and bookkeeping procedures Respondent shall describe its procedures for receipt and tracking of all revenue from probationers, if and how escrow account(s) are maintained and funds disbursed. Respondent shall describe its system to ensure proper checks and balances with regard to all funds handled. If the respondent has a published Policies and Procedures manual, it should be included in the submittal. Tab 6. Rehabilitative Services Respondent shall provide a listing of rehabilitative services, with specific descriptions of treatments and outcomes, that will be offered to the probationers at no or minimal cost. If a cost is involved, identify the total cost to the probationer. Tab 7. Technology Respondent shall describe its use of technology in the office, in the field, and in the court. Describe what types of technology and how it will be used. List any specific hardware and software currently in use or planned for this contract. Tab 8. Transition Plan Respondent shall thoroughly describe the transition plan from the current providers to the respondent if awarded the contract. Flow charts and schedules may be used. Tab 9. Staffing a) Respondent shall include a list of the proposed staff positions that will provide the work required if awarded this contract. Provide a list of the number of staff members it anticipates will reside in the Florida Keys and a list of the number who will reside outside the Florida Keys. b) List the total number of staff and list the number and type of minorities, using the Federal definitions, included in the staff. c) Include in the above list the statistics on gender. (How many males/females?) d) Describe the benefits offered to the firm's employees. e) Describe the firm's continuing education program. What is required? What is offered? How is it measured? Who pays for what? f) Describe the firm's hiring procedures. Be specific if the firm uses a combination of education and relevant experience and whether or not the staff probation personnel meet or exceed the latest standards required by the American Correctional Association. Describe whether the staff is cleared through a nationwide criminal records check prior to hiring, as required by state Statute. g)Respondent shall staff each area with personnel who are fluent in English and trained in courtroom decorum, who have experience in providing testimony in court, who are available to testify, who have knowledge of the probationer and file about which they are called to testify. Respondent shall list proposed the number of staff who will full this requirement in each area. 6 h) Each area shall be staffed at all times during regular hours and flexible hours with personnel who are fluent in Spanish and fluent in English to ensure that probationers will be supervised in the language understandable to the probationer. It is not a requirement that staff members be bilingual, it is acceptable to have an English speaker and a Spanish speaker available. Respondent shall list proposed the number of staff who will full this requirement in each area. Tab 10. Financial Information and Litigation The Respondent shall provide the following information: a) A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); b) A list of the officers and directors of the entity; c) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); d) The number of years the person or entity has operated under its present name and any prior names; e) A print out of the "Detail by Entity Name" screen from the Respondent's listing in www.sunbiz.org; f) A copy of the Respondent's Annual Report that is submitted to the Florida Secretary of State; g) Answers to the following questions regarding claims and suits: 1. Has the person,principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes,provide details; 2. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person,principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes,provide details; 3. Has the person,principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years, been a parry to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes,provide details; 4. Has the person,principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners,partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? If yes, provide details; 5. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner,principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; h). Customer references (minimum of three), including name, current address and current telephone number(this may be provided under Tab $ above, if Respondent choses to do this please make a note of it in the response to this tab); 7 i). Credit references (minimum of three), including name, current address and current telephone number; j). Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity (Note: Financial records may be provided in a separate envelope marked "CONFIDENTIAL"); and k). Any financial information requested by the county department involved in the competitive solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible. Tab 11. County bid forms Respondent shall complete and execute the bid forms specified below and found in the designated section of this RFQ, and shall include them in the section tabbed 11: Submission Response Form (see Section Five) Non-Collusion Affidavit (see Section Five) Lobbying and Conflict of Interest Clause (see Section Five) Drug Free Workplace Form (see Section Five) Professional and Occupational Licenses (see Section Five) Respondent's Insurance (see Section Four) Indemnification Statement(see Section Four) Insurance Agent's Statement (see Section Four) Public Entity Crime Statement (see Section Five) Ethics Statement (see Section Five) Tab 12. Other Information Provide any additional information which will present evaluators with insight about the qualifications, fitness and abilities of respondent. 1.10 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.11 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened and announced at the appointed time and place stated in the Notice of Calling for Qualifications. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents or their authorized agents are invited to be present. g 1.12 DETERMINATION OF SUCCESSFUL RESPONDENT The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses which contain modifications are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instruction to Respondents, and the contract documents, may be rejected at the option of the County. 1.13 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for each service area and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. If responses are found to be acceptable by the County, written notice will be given to the selected respondent(s) of the award of the contract(s). B. If the award of a contract is annulled, the County may award the contract to another respondent or the work may be re-advertised or may be performed by other qualified personnel as the County decides. C. A contract will be awarded to the respondent deemed to provide the services which are in the best interest of the County. D. The county also reserves the right to reject the response of a respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. E. All responses, including the recommendations of the County Administrator, County Attorney and the County Court Chief Judge, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. 1.14 EXECUTION OF CONTRACT The Respondent to whom a contract is awarded will be required to return to the County four (4) executed counterparts of the prescribed contract together with the required certificates of insurance. 1.15 CERTIFICATE OF INSURANCE The Contractor will be responsible for all necessary insurance coverage as indicated on the attached Forms. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of bid, with Monroe County BOCC listed as additionally insured on all except Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days, the contract may be awarded to the next selected respondent. The Contractor shall defend, indemnify and hold harmless the County as outlined on the attached form. The forms discussed above are located in Section Four Insurance Requirements. 9 SECTION TWO GENERAL TERMS AND CONDITIONS 2.01 DEFINITIONS Wherever used in these General Conditions or in the other contract documents the terms below have the meanings indicated which are applicable to both the singular and plural thereof. The use of the terms "he," "him," "himself," or "his" shall refer to male and female persons alike and should not be construed as derogatory or discriminatory to female persons. Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding documents or the contract documents. Bidding Documents - The advertisement or invitation calling for qualifications, instructions, and forms contained in this Request for Qualifications (Submission Response Form, Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause, Drug Free Workplace, Professional and Occupational Licenses, Indemnification Statement, and Insurance Agent's Statement) and the proposed contract documents (including all addenda issued prior to receipt of responses). Contract Documents - The bid documents, Agreement, addenda(which pertain to the contract documents), the Contractor's proposal or response (including documentation accompanying the response and any post-response documentation submitted prior to the notice of award)when attached as an exhibit to the agreement, these General Conditions, together with all amendments, modifications, and supplements. The words "contract" and"agreement" shall be used interchangeably. Contract Price - The moneys payable by the County to the Contractor under the contract documents as stated in the agreement. Contract Time - The Contract shall be in force and binding on the County and the Contractor for a period of Three (3) years from the effective date of the agreement, extensions are governed by the Agreement. Contractor - The person, firm, or corporation with whom the County has entered into the agreement. Effective Date of the Agreement- The date indicated in the agreement on which it becomes effective, but if no such date is indicated it means the date on which the agreement is signed and delivered by the last of the two parties to sign and deliver. Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award - The written notice to the apparent successful bidder stating that upon compliance by the apparent successful respondent with the conditions precedent enumerated therein, within the time specified, the County will sign and deliver the agreement. Owner - The Monroe County Board of Commissioners with whom the Contractor has entered into the agreement and for whom the work is to be provided. 10 Specifications - Those portions of the contract documents consisting of written technical descriptions of materials and services required under the contract. Written Amendment- A written amendment of the contract documents, signed by the County and the Contractor on or after the effective date of the agreement. 2.02 CONTRACTOR'S RESPONSIBILITIES 2.02.1 Supervision and Personnel The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract documents. 2.02.2 Parts, Materials, and Equipment Unless otherwise specified in the contract, the Contractor shall furnish and assume full responsibility for all services, materials, equipment, labor, transportation, machinery, tools, and all other incidentals necessary for the completion of the work. 2.02.3 Records The Contractor shall record maintenance activities in a maintenance log, which shall contain all pertinent information. Contractor shall be required to maintain records pertaining to the contract for five (5) years after the termination of the contract. 2.02.4 Taxes The Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by the Contractor in accordance with the laws and regulations of the place of the project which are applicable during the performance of the work. 2.02.5 Safety and Security The Contractor shall be responsible for initiating, maintaining, and supervising all safety and security precautions and programs in connection with the work. 2.02.6 Compliance with Laws The Contractor shall comply with all applicable laws and regulations of federal, state and local governments. ll SECTION THREE DRAFT CONTRACT The following is a draft contract; the final contract will be negotiated after the bid is awarded: THIS AGREEMENT,made and entered into this day of , 2014, by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "Owner"), and (hereinafter called the "Contractor"). WHEREAS, certain misdemeanor defendants are placed on probation by the County Court, Sixteenth Judicial Circuit, Monroe County (the County Court); and WHEREAS, Section 948.15, Florida Statutes, allows for a private entity under contract with the County to provide probation services; and WHEREAS, the County Court utilizes private entities to provide certain misdemeanor probation services for the efficient administration of justice in Monroe County; and WHEREAS, the County Court desires to continue to utilize the probation services of a private agency under an agreement which establishes minimum standards for service and financial accountability; and WHEREAS, the County Court shall be deemed a third party beneficiary of this contract with daily administration of the contract by the Office of the Court Administrator of the Sixteenth Judicial Circuit of Florida; NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. THE CONTRACT The contract between the Owner and the Contractor, of which this agreement is a part, consists of the contract documents, which are as follows: This agreement and any amendments executed by the parties hereafter, together with the RFQ and response to RFQ and all required documentation. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 2. TERM OF CONTRACT The term of this contract is for Five Years (5) years, commencing on the day of 2014, and ending on the day of , 2014. County, with the consent of the Administrative Judge of the County Court, has the option of renewing this contract for two succeeding periods of(2)two-years each. County shall provide Contractor at least thirty (30) days notice of its intent to renew. 3. SCOPE OF THE WORK The Contractor shall be the exclusive provider of misdemeanor probation services outlined in Section 3.1 below for the 161h Judicial Circuit, and shall include supervision, rehabilitation, and probation. The Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. The provider shall at all times exercise independent,professional judgment and shall assume professional responsibility for the services to be provided. 12 Contractor shall provide services to the degree permitted by law and ordered by the Court and using the following standards, as a minimum requirement: 3.1 Monitor Special Conditions Contractor shall monitor compliance with conditions placed on referred cases as directed by the Court. The Contractor shall monitor, collect, follow up and enforce special conditions of probation, including, but not limited to: (i) Restitution (ii) Fines and Court costs (iii) Evaluation and treatment programs (iv) Community services (v) Cost of supervision fees (vi) Procurement of licenses (vii) Pre-Trial Services The Contractor shall place priority on payment of restitution. Waivers by the sentencing Court of any special condition of probation shall be noted in the case file. 3.2 Staffing 3.2.1 The Contractor shall maintain adequate staffing levels to: (i) attend Court when specifically requested by the Court, (ii) provide proper liaison with the sentencing Court, (iii) perform the initial intake of persons placed on misdemeanor probation with the Contractor, (iv) properly supervise persons placed on misdemeanor probation with the Contractor, (v) appear at all Court hearings involving a probationer supervised by the Contractor, (vi) supervise all probationers of the County Court, (vii) maintain records and reporting requirements set by law and by this Agreement, and (viii) provide oversight of any offender placed on pre-trial supervision. (ix) collect, record, report, and distribute all payments as required under this Agreement. 3.2.2 Contractor shall staff each area with personnel who are fluent in English and trained in courtroom decorum, who have experience in providing testimony in court, who are available to testify, who have knowledge of the probationer and file about which they are called to testify. 3.2.3 Each area shall be staffed at all times during regular hours and flexible hours with personnel who are fluent in Spanish and fluent in English to ensure that probationers will be supervised in the language understandable to the probationer. It is not a requirement that staff members be bilingual, it is acceptable to have an English speaker and a Spanish speaker available. Respondent shall list proposed the number of staff who will fulfill this requirement in each area. The Contractor shall have, either on staff or on an on-call basis, interpreters fluent in other foreign languages to assist the probationer(s) in understanding and meeting the terms of their probation. 13 3.2.4 The Contractor shall have, either on staff or on-call, interpreters to assist the probationer(s) in understanding and meeting the terms of probation pursuant to provisions of the Americans with Disabilities Act. All offices shall comply with the requirements of the Americans with Disabilities Act as to accessibility (for example accessible exits and entrances, toilet facilities) and all other requirements of the act. Failure to comply with the regulations of this Act and its Aments will result in breach of contract. Contractor agrees to indemnify and hold harmless Monroe County, the Board of County Commissioners, the County Court of Monroe County, and all their employees, supervisors, or other personnel, harmless from any and all liability which may result from failure to meet the requirements of this Act. 3.2.5 Staff shall provide Face-to-Face contact, at a minimum, at the outset of supervision and prior to final report to the Court regarding compliance with the order of probation. Additional Face to Face contacts shall be conducted as may be deemed necessary or beneficial to the successful completion of probation. 3.2.6 The Contractor shall employ professional probation personnel that meet or exceed current standards required by the American Correctional Association. In exigent circumstances, individual exceptions will be permitted based solely on approval of the individual by the majority vote of all the sitting County Court judges and solely within the judges' discretion. The vote shall be based on experience and knowledge of the individual and on information given to the judges by Contractor prior to the vote. 3.2.7 The Contractor shall clear all employees prior to hiring through a criminal background records check, as required by State statute. 3.3 Programs & Services 3.3.1 The needs of each probationer referred to the Contractor by the sentencing Court shall be evaluated by the Contractor. The Contractor shall determine if said probationer requires other services in addition to those ordered by the sentencing Court and shall use its best efforts to direct the probationer to an appropriate program. Records of referrals to such programs and progress reports shall be included in the case file. 3.3.2 The Contractor shall cooperate with all treatment agencies, schools and other programs to which offenders are referred. In any case where a treatment provider, school or other program does not appear to be providing its proper function, the Contractor shall immediately notify the sentencing Court. 3.3.3 The Contractor shall provide to the Administrative County Judge and the County an annual report, and other statistical reports as are required by the Court or law. 3.3.4 Any new programs proposed by the Contractor to be utilized by people placed on probation in Monroe County shall be disclosed to the County Court prior to implementation and shall be subject to review and approval of the County Court. 3.3.5 The Contractor shall provide electronic monitoring services as ordered by the Court, with the expenses to be borne by the probationer. The description of the electronic monitoring services, the responsibilities of the Contractor and the Court, as well as the notification for alerts are described in Exhibit A. 14 3.3.6 The Contractor shall provide program services to Probationers when ordered by the Court. The pricing and description of the Programs offered are attached as Exhibit B. 3.3.7 The Contractor shall provide random drug testing as ordered by the Court, with the expense born by the probationer. 3.3.8 The Contractor shall comply with all laws regarding confidentiality of Probationers records. 3.3.9 If the Probationer is determined to be indigent by the Court following sentencing, the Contractor shall provide services based upon a sliding scale for up to 10% of the average daily population of active cases referred, and at no cost for the probationers for whom the Court waives all fees due to extreme indigency. The number of probationers for whom all fees may be waived is estimated to be less than 1% of the total probationer population (probationers for whom services are required to be rendered under this agreement). Should the number of probationers for whom the Court orders all fees waived exceed 3% of the total population, the parties shall work toward a mutually satisfactory solution including but not limited to amendment to this agreement. 3.4 Probationer Records, Reporting Filing, and Court Appearances 3.4.1 The Contractor shall maintain a separate file containing information on each probationer referred to the program. Records shall be maintained by the Contractor for a period of five (5) years from expiration of the probationary term. The information in the file shall include the name of the probationer, case number, charge(s),probation disposition, automated house arrest records, correspondence,payment records, and any known prior criminal record. Should this Agreement be terminated for any reason, a complete copy of the probationer's file shall be turned over to the County or it's designee within ten (10) days of termination. 3.4.2 The Contractor shall provide weekly reports to the Court of collections made and remittances to Court. All collected fine and cost payments shall be remitted on a weekly basis to the Clerk of Court. 3.4.3 The Contractor shall report to the Court any and all violations of court ordered conditions for any probationer who is materially in violation of such conditions. The Contractor shall make recommendations for revocation of probation when the probationer has been arrested or a warrant issued for the probationer's arrest and when multiple probation violations have occurred. 3.4.4 The Contractor shall file petitions, warrants, orders or other pertinent documentation as ordered by the Court related to the probationer or related to hearings before the Court. 3.4.5 The Contractor shall staff each area with personnel who are fluent in English and trained in courtroom decorum, who have experience in providing testimony in court, who are available to testify, who have knowledge of the probationer and file about which they are called to testify. The staff member providing testimony in court shall provide both testimony and supporting documentation as may be required by the Court, and, shall, upon disposition of the case by the Court, assure that all required documents are timely filed and take action as ordered by the Court. 15 3.4.6 The Contractor shall submit a weekly statement to the Court or its representative for the amount of Court fines, costs and restitution ordered by the Court and collected by the Contractor from the Probationers. This report shall provide to the Court collection data by area of the Florida Keys. 3.4.7 The Contractor shall tender all fines, costs and restitution ordered by the Court and collected by the Contractor. 3.4.8 The Contractor shall maintain fine, restitution and/or court costs collected from the Probationers in an escrow account without the benefit or profit from said accounts. 3.5 Offices and Office Hours 3.5.1 The Contractor shall maintain at least one office in each area of the Keys (Key West and the Lower Keys, Middle Keys, and Upper Keys). The hours of operation of the Contractor shall be flexible to encourage employment of the probationers. The Contractor shall notify the probationers of its hours of operation. 3.5.2 Each area shall have flexible office hours, and shall be open regular hours from 8:00 to 5:00 week days, shall alternate personnel so as to remain open during the lunch hour, shall provide additional office hours one day per week from 5:00 pm to 7:00 pm on week days and a minimum of four contiguous hours on Saturdays as needed to ensure probationers are able to report and maintain employment. On call hours may be acceptable after regular office hours and on Saturdays so long as one regularly scheduled week day will be staffed until 7:00 pm and as long as a minimum of two Saturdays per month are staffed and/or the staff member on-call is able to respond to a scheduled probationers' appointment on Saturday. 3.6 Job Assistance The Contractor shall encourage unemployed probationers to improve the probationer's employability through schools and training. The Contractor shall provide service to all probationers in securing suitable employment and shall provide to the Administrative County Judge or his designee a written document detailing its job assistance procedures. 3.7 Supervision 3.7.1 Initial Intake and Counseling. The Contractor shall require an initial face-to-face contact with all probationers for counseling and supervision upon initiation of probation. The Contractor shall clearly explain all of the terms of probation to the probationer in a manner that the probationer understands. The Contractor shall conduct a substance abuse evaluation of the probationer within fifteen (15) days of the initiation of the probation if ordered by the Court. The Contractor shall verify the probationer's actual home address by scheduling a site visit with the probationer and meeting at the probationer's home within the first thirty (30) days of the probation. The Contractor shall verify the probationer's employment within the first thirty (30) days of the probation, unless specifically waived by the Court. 3.7.2 Supervision. The Contractor shall supervise the probationer and make every effort to ensure the probationer's attendance at the reporting and counseling sessions described in this paragraph. In addition to the initial intake and counseling session noted above, most 16 probationers will be required to report to the Contractor's office once per week during the first month of their probationary term. Probationers will then be required to report once per month for the remainder of their probationary term. The Court may alter the frequency of visits in individual cases. Attendance by the probationer at Court-ordered counseling sessions is also required. 3.7.3 Electronic Monitoring. The Contractor shall also be required to provide electronic monitoring of certain probationers as directed by the Court. Costs of electronic monitoring shall be borne by the probationers and shall be in addition to the payment of supervision fees referenced in this Agreement. 3.8 Court Orders Proposed orders of probation violation,probation modification, and early termination shall be prepared by the Contractor and shall conform to a format adopted by the County Court. 3.9 Community Service Work The Contractor may refer probationers to approved non-profit service organizations or County or municipal governments for completion of community service hours. The Contractor will refer probationers first to any of the aforementioned entities which has a specific project which requires community service workers. The Contractor is not permitted to utilize the service of probationers to perform community service work to the benefit of the Contractor. Contractor shall maintain as part of the probationer's record all community service hours completed and/or not completed by the probationer. 3.10 Violation of Probation 3.10.1 When a violation of any term of probation is alleged to have occurred, the Contractor shall advise the sentencing Court of the alleged violation(s)by sworn affidavit within fifteen (15) days of the occurrence. 3.10.2 If the affidavit recommends revocation of probation, the affidavit must include the reasons therefore and the circumstances under which revocation is being recommended. 3.10.3 In the event that the Contractor recommends termination of probation prior to the probationer having completed payment of restitution, fines or Court costs,without notifying the sentencing Court that the conditions have not been completed, the Contractor shall be responsible for payment of any remaining restitution, fines or costs unless waived for good cause by the sentencing Court. 3.10.4 In any case in which the sentencing Court's jurisdiction has been lost prior to all conditions of probation being satisfied, the Contractor shall transmit a copy of the case file to the judge in whose division the case has been heard. The probation officer shall transmit with the case file a cover letter on Contractor's letterhead providing details of the efforts made by that officer to seek compliance with the terms of probation. 3.11 Employees and Subcontractors 3.11.1 No later than the execution of this contract, the Contractor shall submit to the Court Administrator, or his designee, a list of the names of all probation employees, including those of any subcontractors or independent contractors, if any, to be used by the Contractor 17 in providing the services under this contract. This list shall include the education levels and job titles of the employees, subcontractors and independent contractors. This list shall be updated at least annually, upon the anniversary of the date of this contract. 3.11.2 The Contractor shall provide at its own expense all necessary personnel to provide the services under this contract. The probation personnel shall not be employees of or have any contractual relationship with the County, the Court, or any law enforcement agency. 3.11.3 The Contractor shall maintain a minimum staffing level of at least one (1)probation officer per two hundred(200)probationers to ensure effective supervision of probationers. To the highest extent possible, the Contractor shall assign each probationer to a specific probation officer who shall maintain and be responsible for the case throughout the term of the probation. 3.11.4 All of the services required herein shall be performed by the Contractor or under its supervision. To the extent that Contractor uses subcontractors or independent contractors, this contract specifically requires that the level of independence normally exercised by such subcontractors and independent contractors be curtailed and that they be supervised by the Contractor. 3.11.5 All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. 3.11.6 All probation officers and supervisors performing services under this contract shall possess a Bachelor's degree from an accredited college or university or have an equivalent combination of education and relevant experience. A background check, including FCIC check, verification of relevant employment and claimed education shall be conducted for newly hired probation officers and supervisors to determine if they are of good character and have no felony or other conviction involving dishonesty or deceit. Pursuant to Sect. 948.15(3)(b), Florida Statutes, qualifications and criminal record checks of staff shall comply with standards established by the American Correctional Association. The results of the background checks shall be kept on file and available for examination by the County Court and the County. 3.11.7 Each officer, director,principle, and probationary service employee shall provide an affidavit executed under oath, subject to the penalties for perjury established under Sect. 837.06, Florida Statutes, that the information provided for his application and/or background check is true and accurate, that there are no material omissions therein, and that the intentional false execution of the affidavit constitutes a misdemeanor of the second degree. These affidavits shall be maintained by the Contractor and made available to the Court Administrator upon request. 3.12 Contractor's Financial Records 3.12.1 The Contractor shall maintain financial records capable of being audited of all fines, restitution, and supervision fees received, expended and disbursed by the Contractor. An annual financial report audited and certified by a licensed Certified Public Accountant shall be provided to the County Clerk and to the Court Administrator or his designee within one hundred twenty (120) days following the close of the Contractor's fiscal year. The certified financial report shall be in such detail as to disclose the revenues, expenses, and disbursements relating to the services provided under this contract. Notes to the financial 18 statements shall disclose noncompliance with requirements of this contract concerning conflict of interests. 3.12.2 The Contractor shall also record and maintain statistical data concerning the number and types of cases being handled, terminated and completed, number of visits, hours of community service preformed by probationers, and such additional information as may be required by the Administrative County Judge, the Court Administrator, or the County. A quarterly report shall be submitted to the Court Administrator and to the Administrative County Judge. 3.12.3 The Contractor shall provide to the Court Administrator and the County a copy of the Contractor's fiscal budget each year within thirty (30) days of the beginning of its fiscal year. 3.12.4 The Contractor shall retain all records pertaining to this contract for a period of five (5) years after the termination of this contract. 3.12.5 The County, the County Court, the State Auditor General, and agents thereof shall have access to Contractor's books, records, and documents required by this contract for the purposes of inspection or audit during normal business hours, at the Contractor's place(s) of business. 3.13 Public Records and Open Meeting Laws The Contractor acknowledges that it is required to comply, when applicable, with Florida public records and open meeting laws. Including the following under Chapter 119, Florida Statutes to: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 3.14 Confer with Others The Contractor shall confer with Court staff, the Judges, the State Attorney and Assistant State Attorneys on cases as appropriate. 4. PAYMENTS TO THE CONTRACTOR 4.1 The Contractor is entitled to collect from each probationer costs of supervision as may be ordered by the sentencing Court and as authorized by Florida Statute. This amount is established 19 by the County Court, as of the date of this contract, at$50 per month per probationer. The County Court shall review this amount at least annually and may order an increase for new cases. 4.2 The County, the Chief Administrative Judge, the Court Administrator, or the County Court, individually and collectively, do not assume any liability to the Contractor for its costs of supervision or any uncollected fees. The Contractor shall look solely to the probationers for such payments. 4.3 The Contractor shall accept payments for restitution, fines, and court costs in such forms as are acceptable to the Contractor. Partial payments shall be accepted and appropriate records maintained. Written receipts shall be issued to the probationers for all payments received by the Contractor. Contractor shall make all restitution payments to the victim promptly following receipt. Contractor shall make all payments of fines and Court costs to the Clerk of Court within five (5)working days following receipt. In any case in which the victim cannot be located or in which less than the full amount of the fine and costs are collected, the Contractor shall request that the sentencing Court instruct the Contractor as to proper disposition. 4.4 The sentencing Court may, in its discretion, order that cost of supervision fees be waived in cases involving indigent probationers and the Contractor agrees to accept such cases without the supervision fee. 4.5 A written document detailing procedures for handling collection of probationers' fees and restitution will be provided by the Contractor to the Administrative County Judge no later than the execution of this contract. 4.6 The County and the County Court make no representations as to the number, if any, of cases that may be assigned to the Contractor. 5. TERM OF CONTRACT The term of this contract is for Five (5) years, commencing on the day of , 2014, and ending on the day of , 2010. County, with the consent of the Administrative Judge of the County Court, has the option of renewing this contract for two (2) additional two- year terms. County and Contractor shall provide at least thirty (30) days notice of intent to renew, any option to renew shall be done by written amendment signed by both parties and approved by the Board of County Commissioners. 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS 6.1 The Contractor hereby agrees that he has carefully examined the courthouse facilities for each area of the Keys for which he shall provide services and has made investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. 6.2 Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. 20 6.3 The Contractor agrees that the Court Administrator may designate representatives to visit the Contractor's probation facility(ies)periodically to conduct random open file evaluations during the Contractor's normal business hours. 6.4 The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the County upon request. 7. HOLD HARMLESS AND INSURANCE The Contractor covenants and agrees to indemnify and hold harmless Monroe County, the Board of County Commissioners and the County Court of Monroe County from any and all claims for bodily injury (including death),personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms, each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department 8. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of Monroe County. No statement contained in this agreement shall be construed so as to find the Contractor or any of his employees, contractors, servants, or agents to be employees of Monroe County. 9. NONDISCRIMINATION County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public 21 Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title VIH of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 10. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of County, which approval shall be subject to such conditions and provisions as County may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 11. COMPLIANCE WITH LAW In providing all services pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 12. DISCLOSURE AND CONFLICT OF INTEREST The Contractor represents that it, its directors,principles and employees,presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County and the Court Administrator of any financial interest it may have in any and all programs utilized by those people placed on probation in Monroe County which the Contractor sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. 13. ARREARS The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 22 14. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Court Administrator and County Attorney 500 Whitehead Street PO Box 1026 Key West, FL 33040 Key West, Fl. 33041-1026 FOR CONTRACTOR: Telephone No. The contract administrator for this contract shall be the office of the County Attorney or it's designee. 15. TAXES The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 16. TERMINATION 16.1 The County may terminate this contract for cause with seven (7) days notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. The Contractor shall be given written notice of Termination and provided with the reason(s) for termination. Contractor shall provide a written reply in seven (7) days to the County. The parties shall meet within three (3)working days of that reply in order to determine if the reason for termination can be cured to the County's satisfaction, and the terms of that cure. If no agreement can be reached Contractor shall work with probationers and any substitute Contractor for a period of Thirty (30) days, shall turn over all file immediately and provide immediate access to all offices and personnel. 16.2 Either of the parties hereto may terminate this contract without cause by giving the other party ninety (90) days written notice of its intention to do so. 17. GOVERNING LAW,VENUE, INTERPRETATION, COSTS,AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 23 18. MEDIATION The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. 19. SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 20. ATTORNEY'S FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of County and Contractor. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of County and Contractor, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 23. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other parry, in all proceedings, hearings,processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 24. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 24 25. AUTHORITY Each parry represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 26. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement;provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each parry prior to submission. 27. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 28. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 29. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, a Drug-Free Workplace Statement, Non- Collusion Affidavit, Lobbying and Conflict of Interest Clause, and an Indemnification Statement. 30. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 31. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of County and Contractor hereto may execute this Agreement by singing any such counterpart. 25 32. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four(4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVIL,IN, CLERK F MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date: (SEAL) CONTRACTOR Attest: By: By: WITNESS Person with Authority to Bind Corporation Print Name: Print Name: Title: Title: Date: Date: By: WITNESS Print Name: Title: Date: 26 EXHIBIT A The details of the electronic monitoring service shall be negotiated with the Contractor, the Court, and the County. EXHIBIT B The details of programs to probationers shall be negotiated with the Contractor, the Court, and the County. 27 SECTION FOUR: INSURANCE REQUIREMENTS. Monroe County shall be a NAMED INSURED on all policies as determined by the Monroe County Risk management Department. Compliance with this requirement shall be accomplished within 2 weeks of approval of the contract by the BOCC and all insurance shall remain in effect for the duration of the contract. MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 28 RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance Or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. 29 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from this General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 30 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT : BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statues. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Maryland. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 31 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administration Instruction TCS 44709.2 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administration Instruction TCS 44709.2 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured — If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. And • The Indemnification and Hold Harmless provisions Waivinq of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision- making authority. Administration Instruction TCS 44709.2 MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: BIDDER SIGNATURE Administration Instruction TCS 44709.2 INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS Worker's Compensation $100,000 Bodily Injury by Acc. $500,000 Bodily Inj. by Disease, policy Imts $100,000 Bodily Inj. by Disease, each emp. General Liability,including $300,000 Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability $100,000 per Person (Owned, non-owned and hired vehicles) $300,000 per Occurrence $ 50,000 Property Damage $300,000 Combined Single Limit The Monroe County Board of County Commissioners shall be named as Additional insured on all policies issued to satisfy the above requirements. Administration Instruction TCS 44709.2 INSURANCE AGENTS STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature Administration Instruction TCS 44709.2 SECTION FIVE: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 1 acknowledge receipt of Addenda No.(s) I have included: • Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit • Drug Free Workplace Form • Public Entity Crime Statement • Insurance Requirements In addition, I have included a current copy of the following professional and occupational licenses: List all personnel and price per man-hour, inclusive of all travel and other expenses (there will be no reimbursable expense items): Title Hourly Rate (Check mark items above, as remainder that they are included) Mailing Address: Telephone: Fax: Date: Signed: Witness: (Seal) (Name) (Title) LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) "...warrents that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that 1. 1 am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be impaosed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community , or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: