Item R7 �s R.7
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: R.7
Agenda Item Summary #8099
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert(305) 292-3470
NA
AGENDA ITEM WORDING: Approval to advertise competitive solicitation/Request for
Proposals for the 16th Judicial Circuit Drug Court Program Services.
ITEM BACKGROUND: Court Administration for the 16th Judicial Circuit seeks to procure Drug
Court Program Services. These services are currently provided through in-house staff, but due to
new accreditation requirements imposed under Chapter 397, Florida Statutes obtaining and
maintaining the proper accreditation for the Drug Court Program would be onerous and therefore
Court Administration seeks to procure a private provider for the Drug Court Program services.
The County allocates funding for the Drug Court Program through the budget adoption process as
part of the Court Administration budget. This Competitive Solicitation/Request for Proposals (RFP)
seeks a contractor to provide outpatient clinical and support services to clients admitted into the 16th
Judicial Circuit's three (3) drug courts- Adult Diversion court, Family Treatment Court and Juvenile
Diversion Court in each geographic region/courthouse location in Key West, Marathon and
Plantation Key. This RFP is being issued with the intent to procure a vendor to beginning services on
October 1, 2021. A draft RFP is attached to this agenda item.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Draft RFP for Drug Court Services
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R.7
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A- Only advertising cost will be incurred at this time. A
contract will be brought back for approval by the BOCC.
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A (insurance polices and limits in the draft RFP have been reviewed and
approved by the Risk Department)
Additional Details: N/A
REVIEWED BY:
Bob Shillinger Completed 04/06/2021 1:25 PM
Christine Limbert Completed 04/06/2021 1:59 PM
Purchasing Completed 04/06/2021 2:04 PM
Budget and Finance Completed 04/06/2021 2:06 PM
Maria Slavik Completed 04/06/2021 2:07 PM
Liz Yongue Completed 04/06/2021 2:33 PM
Board of County Commissioners Pending 04/21/2021 9:00 AM
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R.7.a
REQUEST FOR PROPOSALS FOR
The 161" Judicial Circuit Drug Court Program Services
MONROE COUNTY, FLORIDA
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BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron District 2
Mayor Pro Tern David Rice, District 4
Commissioner Craig Cates, District 1
Commissioner Eddie Martinez, District 3
Commissioner Mike Forster, District 5
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COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT
ROMAN GASTESI KEVIN MADOK
16t" Judicial Circuit- Court Administrator
Holly Elomina
April 2021
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R.7.a
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Wednesday, May , 2021, at 3:00 P.M., the Monroe County Purchasing
Office will receive and open sealed responses for the following:
DRUG COURT PROGRAM SERVICES
THE 16rH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.florid,2publienotices.com, a
searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be
requested from DemandStar by Onvia at www.demandstar.com OR www.monroeco!Lntibids.com. The Public Record is available r-
upon request. 0
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In response to Covid-19,the Monroe County Purchasing Department has implemented a new electronic process for reviewing
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and opening sealed bids. Monroe County is committed to continuing to receive and process competitive solicitations while
maintaining the health and safety of our employees and those who attend bid openings. Please do not mail or attempt to 0
deliver in person any sealed bids. Mailed/physically delivered bids/proposal/responses WILL NOT be accepted. y
T)
The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OM - IDS(&,,monroecounty
fl.gov, no later than 3:00 P.M. on May , 2021. Please submit your confidential financial information in a SEPARATE
EMAIL from your bid and required documents. Your subject line on both emails must read as follows: e
Drug Court Program Services 05/ /2021
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Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will �
be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected due to the file size, y
Should your bid documents exceed 25MB or otherwise be rejected or undeliverable to -
I Sn, onroe ,in advance of the bid opening,please email: o b-purchasingra,,/ onroecounty-fl.�ov
so accommodations for delivery of your bid can be made prior to the bid opening. Please be advised that it is the i�
bidder's sole responsibility to ensure delivery of their bid and waiting until the bid opening to address or confirm
your bid submission delivery will result in your bid being rejected. e
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The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on May , 2021. You
may call in by phone or internet using the following:
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Join Zoom Meeting
U-
https:Hmcbocc.zoom.us/i/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156#US (New York)
+16699006833„4509326156#US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication Dates:
Key West Citizen: TBD/2021
Keys Weekly: TBD 2021
News Barometer: TBD2021
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R.7.a
TABLE OF CONTENTS
NOTICE OF REQUEST FOR COMPETITIVE SOLICATIONS
SECTION ONE - Instructions to Respondents & Scope of Work
SECTION TWO - Draft Contract
SECTION THREE- County Forms
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SECTION ONE: INSTRUCTIONS TO RESPONDENTS
1. Objective of the Request for Proposals/Scope of Services
The County seeks a Contractor to provide outpatient clinical and support services to clients
admitted into the 16th Judicial Circuit's three (3)drug courts-Adult Diversion Court(ADC), Family
Treatment Court (FTC), and Juvenile Diversion Court (JDC) — in each geographic
region/courthouse location in the County, specifically, Key West, Marathon, and Plantation Key.
All services provided under this Contract must meet all applicable local, state and federal
ordinances, laws, rules, regulations and applicable Court orders. All substance abuse treatment
services provided must be in accordance with Chapter 397, Florida Statutes (F.S.), Rule 65D-30, c
Florida Administrative Code (F.A.C.) and all updates, and Code of Federal Regulation 42, Part 2.
The selected Contractor shall have and maintain the level of licensure appropriate to the program
type as specified by Chapter 397, F.S. and Rule 65D-30, F.A.C., including all updates and
revisions to Chapter 397 and 65D-30, and shall pay for all costs associated with local, state, and y
federal licenses, permits and inspection fees required to provide services. All substance abuse
treatment services shall be evidence-based and provided by a qualified professional, or under the
supervision of a qualified professional, as defined in Chapter 397, F.S. and Rule 65D-30, F.A.C.
Contractor shall provide an adequate level of professional treatment staff for required services
and shall ensure that staff are appropriately trained. Contractor shall ensure the constant >
presence of sufficient staff and treatment space to provide the required services and Contractor's
facilities shall meet or exceed the Americans with Disabilities Act (ADA) requirements regarding
accessibility.
Travel to off-site locations, such as courthouse locations (Key West, Marathon and Plantation Key
Locations) for court appearances and Drug Court staffings with Case Management, will be
required and the capacity to conduct clinical assessments/services remotely with clients and case
management staff is also required.
The facility service location(s)shall meet all state, county, and city zoning, permitting and licensing
regulations at the time of contract award, as well as any other requirements necessary to operate 0.
the service location(s). Location(s) of the facility(s) should promote client accessibility, such as
reasonable access to public transportation to the Courts.
SCOPE OF SERVICES
Drug Court and/or the Court will order or communicate to Contractor an individual client's level of
services. At a minimum, Contractor will provide the following clinical services to each participating
client until discharge from the Program:
1) Phase One:
a. Group meeting once a week (group counseling capped at twenty (20) persons per
group).
b. Individual counseling once a week.
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R.7.a
c. An additional one-hour meeting with parent/guardian, if client is a juvenile, as
needed/requested.
2) Phase Two:
a. Group meeting once a week (group counseling capped at twenty (20) persons per
group).
b. Individual counseling at least twice a month.
c. An additional one-hour meeting with parent/guardian, if client is a juvenile, as y
needed/requested. Q
3) Phase Three:
a. Group meeting once a week (group counseling capped at twenty (20) persons per
group).
b. Individual counseling at least once a month.
c. An additional one-hour meeting with parent/guardian, if client is a juvenile, as
needed/requested.
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The following counseling services shall be provided to each client by Contractor: 0)
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1) Individual/group counseling sessions, which include the following services:
a. Client's biopsychosocial assessment
b. Client's treatment plan
c. Client's discharge plan (if required)
d. Referral services for clients (in-house only)
e. Post-session client emails to Case Management
f. Recommendations when clients relapse/are in noncompliance (if required)
g. Crisis intervention for clients (if required)
h. Sessions/meetings with juvenile clients' parent/guardian
2) Court Appearances (when required) )
3) Drug Court staffing appearances (when required)
The frequency of the aforementioned clinical services may be increased or amended, depending
on the particular needs of an individual client.
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Individual treatment and discharge planning must be made within thirty (30) days of referral by
the Court/Drug Court. Treatment plans will be made every thirty (30) days and submitted to Drug
Court.
Consultation or referral arrangements will be made by Contractor where psychiatric, medical, or
other social services are deemed appropriate and Contractor is able to provide such services in-
house. More counseling services for a client may be necessary and any additional services,
resulting in costs or fees invoiced, must be approved before services are performed.
Contractor shall have the ability/resources, at no additional cost beyond the terms of the
contract, to provide clinical services to non-English speaking clients. All services shall be
provided in accordance with the requirements of the Americans with Disabilities Act (ADA).
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REQUIRED DOCUMENTS/NOTIFICATION PROVIDED TO DRUG COURT:
• Notification of client's arrival for initial assessment and acceptance/ nonacceptance into
Contractor's treatment setting.
• Client's completed initial assessment shall be provided in a timely manner.
• Notification of client's treatment start date. v,
• Notification of evaluation/treatment recommendations and any changes thereof.
• Provide information for judicial review no later than forty-eight (48) hours prior to a
regularly scheduled court date (such information to include, but not be limited to, ca
attendance, participation, treatment progress/goals, client diagnosis and prognosis). The
aforementioned information will be electronically submitted to Drug Court via secure
connections, which can include direct submission through the Drug Court's web-based
case management system. W
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• Immediate notification of termination, discharge, or elopements. >
• Immediate notification of violation of terms of treatment, such as missed treatment
appointments, missed group counseling sessions, inappropriate behavior, etc.
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• Immediate notification of hospitalization or significant disruption of treatment process.
• Client discharge information shall be provided in a timely manner.
ASSEMENTS - REQUIRMENTS FOR SUBSTANCE ABUSE/MENTAL HEALTH
SCREENING:
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• Contractor shall perform all necessary clinical assessments for Drug Court clients,
including, but not limited to, initial assessments and assessments required for in-patient
services. Initial client assessments shall be performed by Contractor within fourteen (14)
days of the Drug Court referral.
0.
• Assessment tool must be an evidence-based tool which addresses drug use severity and
identifies major mental health problems, motivation for treatment, and criminal thinking
patterns.
• Contractor must demonstrate staff qualifications for the administration of the chosen
instruments. Contractor will provide with their quote a list of relevant qualifications for all
staff members who will administer the tool.
• The assessment tool should produce a concise report that will help the Court/Drug Court
determine proper treatment considerations, including recommended drug treatment level
and ancillary services.
• Reports will be electronically submitted to Drug Court via secure connections, which can
include direct submission through the Drug Court's web-based case management system.
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R.7.a
• Reports must be timely submitted three (3)weeks from time of referral or seven (7) days
prior to the next scheduled Court date, whichever is sooner, except those necessitating
a timelier response due to special instructions from the Court.
PERFORMANCE REQUIREMENTS:
PROGRAM MONITORING:
Program monitoring shall occur at intervals determined by the Contract Manager. Such monitoring
shall determine program compliance/noncompliance and shall consist of, but not be limited to,
reviews of the following program functions:
• Administrative issues
• Program facilities
• Program staff
• Program operation
• Clinical records reviews
• Interviews with program staff/clients
When issues of noncompliance are identified, the Contractor shall be required to submit a written
corrective action plan (CAP) to the Contract Manager, or his/her designee, within a specified
timeframe. Failure to correct deficiencies may result in a determination of breach of contract and c
termination of services.
2. Background Information
The 16th Judicial Circuit is comprised of Monroe County, which includes the Florida
Keys and portions of Everglades National Park. Monroe County ("County") is a non-
chartered county established under the Constitution and the laws of the State of ca
Florida. The Clerk of the Circuit Court serves as the fiscal agent.
Recognizing the need for an alternative to prosecution and incarceration for first time drug
offenders, the Sixteenth Circuit has implemented several Drug Court Programs. Modeled after CL
nationally recognized drug courts, it offers a continuum of drug education and treatment
alternatives. The court proceedings are unique in that they are non-adversarial in nature with a
dedicated Drug Court Judge or Magistrate who oversees each participant's progress and holds
them accountable for their actions while receiving substance abuse treatment.
Drug Courts are court-supervised, comprehensive drug treatment courts for eligible non-violent
defendants. The voluntary program involves numerous appearances before the Drug Court
Judge or Magistrate, substance abuse treatment and frequent, random testing for substance
abuse. Drug Courts exist to provide participants with the opportunity to become productive, drug
free members of the community while increasing public safety and reducing crime in a cost-
efficient manner.
Monroe County Sixteenth Judicial Circuit Court has 3 Court Locations:
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R.7.a
Freeman Justice Center
302 Fleming Street
Key West, FL 33040
(305)292-3423
Marathon Courthouse
3117 Overseas Highway
Marathon, FL 33050
Plantation Key Government Center
88820 Overseas Highway
Tavernier, FL 33070
3. Evaluation Criteria
Each proposal will be reviewed, and consideration will be given to each of the following criteria:
(See Tabs for more detailed information and points and Determination of Successful y
Respondent section below) ,
• Ability to provide the services listed; Demonstrated internal capacity, qualified staffing
and resources to effectively and efficiently execute all program elements c
• Experience with similar programs
• Qualifications of staff
• Total Cost; Price; Cost and Rates
• Respondent currently has the ability - or will possess the ability before the contract <
start date - to provide conforming, in-person services to clients at each Drug Court
location.
• Local Preference points may also be awarded to vendors meeting the local preference
requirements. (Respondents entitled to the local preference requirements must
complete the Local Preference Form.)
4. Content of Submission
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The proposal submitted via email to OMB- I sQmonroecounty-fl.gov; shall be clear and 0.
concise, tabulated, and provide the information requested herein. Statements submitted
without the required information will not be considered. Responses shall be organized as
indicated below. The Respondent should not withhold any information from the written
response in anticipation of presenting the information orally or in a demonstration. 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.
5. Format.
The response, at a minimum, shall include the following:
A Cover Paae
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R.7.a
A cover page that states "PROPOSAL FOR DRUG COURT PROGRAM SERVICES"
must be included. The cover page should contain Respondent's name, address, telephone number,
and the name of the Respondent's contact person(s).
B. Tabbed Sections
Tab 1. Executive Summary
The Respondent shall provide a narrative of the firm's qualities and capabilities
that demonstrates how the firm will work with the County to fulfill the
requirements of this Program. Describe the firm's methods of providing
Services listed in Section One, both in the office and at locations in the County.
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Tab 2. Relevant Experience; Past Performance on Similar Projects; References
The Respondent shall provide a project history of the firm or organization
demonstrating experience with projects that are similar in scope and size to the
proposed Program within the last five (5) years.
The Respondent shall provide a list of past projects indicating the following:
• Name and full address of the referenced project client c
• Name and telephone number of client contact for referenced project
• Date of initiation and completion of contract
• Summary of the project and services including contract amounts and/or
number of clients served
• Any additional project experience that will give an indication of the
Respondent's overall abilities.
References:
Each Respondent shall provide at least three (3) references or accounts for
which the Respondent has provided the same or similar services during the c
past five (5)years, if possible. It is preferred that the references by state or local
government, but private industry clients may also be used as a reference.
Each reference shall include, at a minimum:
• Name and full address of reference organization
• Name of Contract person for contract
• Telephone number(s)
• Date of initiation of the contract with reference
• Brief summary comparing the referenced services to these proposed
services.
Tab 3. Project Approach
The Respondent shall describe the approach and methodology it will use to
accomplish the work defined herein. The project approach shall include
information on schedule and availability where applicable. The vendors will be
required to comply with all laws, rules and regulations effecting the Scope of
Work set forth herein.
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R.7.a
The Respondent shall also describe their use of technology in the office and in
the field. Describe what types of technology are currently in use and how it will
be used pursuant to the Scope of Work set forth herein. List any specific
hardware and software currently in use or planned to be use by the contract
start date.
Tab 4. Staffing for this Project & Qualifications of Key Personnel; Ability to
provide conforming, in-person services to clients at each Drug Court
location
The Respondent shall describe the composition and structure of the firm (sole
proprietorship, corporation, partnership, joint venture) and include names of
persons with an interest in the firm. The Respondent shall provide the same ca
information for any subcontractors.
The Respondent shall include a list of the proposed staff that will perform the
work required if awarded this contract, along with the licensures/certifications y
of each staff member performing the work required (if unlicensed or uncertified
staff will be performing such work, then disclose who will be providing the
required supervision in compliance with Chapter 397, F.S. and Rule 65D-30,
F.A.C.). An organizational chart and management plan should be included in
this section.The Respondent shall also include minimum qualifications for each
class of employee of the project team and identify his/her role on the team. P
Include in this section the location of the main office and the location of the
office proposed to work on this project.
The Respondent, in consideration of the rules and regulations of Chapter 397,
Florida Statutes (F.S.) and Rule 65D-30, Florida Administrative Code (F.A.C.),
shall demonstrate either:
• The ability to provide conforming, in-person services to clients at each
Drug Court location currently, or ca
• The ability to provide conforming, in-person services to clients at each
Drug Court location no less than sixty (60) days prior to the contract
start date.
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Respondent shall demonstrate internal capacity, qualified staffing and
resources to effectively and efficiently execute all program elements
Tab 5. Project Budget
Respondent shall use a format similar to that of the sample shown below, with
at least as much detail. Program Services are listed below. The Respondents
must provide rates, inclusive of all costs, for those services shall be listed
below. If additional services not listed are offered by the Respondent, the
Respondent may include those services and the rates, inclusive of all costs, for
those services.
You may use a spreadsheet of your own design, but it must be in similar format, and include at least
as much information as listed below.
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R.7.a
*Hourly Rate,
Drug Court Services inclusive of all costs.
Individual adult client counseling session:
(Rate shall be inclusive of all services listed/described in the Scopey
of Services under Section One above)
Individual juvenile counseling session, which may include
parent/guardian session as needed: c
(Rate shall be inclusive of all services listed/described in the Scope
of Services under Section One above)
c
Group counseling session: y
Court appearances (when required):
Drug Court staffing appearances (when required): c
*Invoicing/billing shall be made on a quarter-hour basis as follows: P
1 to 7 minutes worked will be rounded to 0
8 to 22 minutes worked will be rounded to .25
23 to 37 minutes worked will be rounded to .50
38 to 52 minutes worked will be rounded to .75
53 to 60 minutes worked will be rounded to 1.0
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R.7.a
Tab 6. Financial Information and Litigation
The Respondent will provide the following information:
1. A list of the person or entity's shareholders with five (5) 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);
2. A list of the officers and directors of the entity;
3. 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);
4. The number of years the person or entity has operated under its present
name and any prior names;
5. A print out of the "Detail by Entity Name" screen from the Respondent's
listing in www.sunbiz.org;
6. A copy of the Respondent's Annual Report that is submitted to the Florida
Secretary of State; y
7. Answers to the following questions regarding claims and suits:
a. 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? Yes or no. If yes, provide details; >
b. 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? Yes or no. If yes,
provide details;
c. 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 party 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? Yes or no. If yes,
provide details;
d. Has the person, principal of the entity, or any entity previously 0.
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? Yes or no. If yes,
provide details;
e. 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;
8. Customer references (minimum of three (3)), including name, current
address and current telephone number;
9. Credit references (minimum of three (3)), including name, current address
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and current telephone number;
10. Audited financial statements for the prior three (3) years for the responding
entity or for any entity that is a subsidiary to the responding entity.
RESPONDENT SHALL MARK CONFIDENTIAL FINANCIAL
INFORMATION. THE COUNTY IS NOT LIABLE FOR DISCLOSE OF
INFORMATION THAT IS NOT PROPERLY MARKED AS
"CONFIDENTIAL"
The County reserves the right to request additional information related to the financial
qualifications, technical competence, the ability to satisfactorily perform within the contract Q
time constraints, or other information the County deems necessary to enable the department
and Board of County Commissioners to determine if the person responding is responsible.
Tab 7. County Forms
Respondent shall complete and execute the forms specified below and located in this RFP, a
as well as copies of all insurance and occupational licenses and shall include them in this
section:
Forms >
Submission Response Form
Lobbying and Conflict of Interest c
Ethics Clause
Non-Collusion Affidavit
Drug Free Workplace Form
Public Entity Crime Statement
Insurance Respondent's Insurance and Indemnification Statement
Request of Waiver of Insurance Requirements (optional)
Insurance Forms (informational only)
Vendor Certification regarding scrutinized companies Lists
Local Preference Form
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COPIES OF RFP DOCUMENTS
A. Only complete sets of RFP Documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for 0.
errors or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFP Documents may be obtained in the manner and atthe
locations stated in the Notice of Request for Competitive Solicitations.
6. SUBMISSION OF RESPONSES
In response to Covid-19, the Monroe County Purchasing Department will be implementing a
new electronic process for receiving and opening sealed bids. Monroe County is committed
to continuing to receive and process competitive solicitations while maintaining the health and
safety of our employees and those who attend bid openings. Please do not mail or attempt to
deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL
NOT be accepted.
The Monroe County Purchasing Department hereby directs that proposals be submitted via
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email to:
OMB- I monroecounty-fl.gov
no later than 3:OOP.M., on May , 2021. Please submit your confidential financial
information in a SEPARATE EMAIL from your proposal and required documents. Your subject
line on both emails must read as follows:
Drug Court Program Services for the 161h Judicial Circuit in and for Monroe County
Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum
file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your
bid is not rejected due to the file size. Should your bid documents exceed 25MB, or
otherwise be rejected or undeliverable to OMB-BIDS@monroecouy- l._ o , in advance
of the bid opening, please email: omb-purcbasinq@monroecounty- l._ o so U
accommodations for delivery of your bid can be made prior to the bid opening. Please
be advised that it is the respondent's sole responsibility to ensure delivery of their bid/proposal
and waiting until the bid opening to address or confirm your bid/proposal submission delivery
will result in your bid/proposal being rejected. y
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on
May 2021. You may call in by phone or internet using the following:
0
Join Zoom Meeting
https://mcbocc.zoom.us/j/4509326156 P
Meeting ID: 450 932 6156
One tap mobile Dial by your location
+16465189805„4509326156#US (New York) +1 646 518 9805 US (New York)
+16699006833„4509326156#US (San Jose) +1 669 900 6833 US (San Jose)
A public notice will be issued regarding the Selection Committee meeting and how to attend
that meeting virtually. Physical attendance may be permitted depending upon the directives
from the Governor of Florida, Monroe County Mayor or other local officials. Please check public
notices for additional information. Respondents will be asked to attend the selection committee
meeting, virtually or in-person, to make presentations of no longer than 15 minutes and answer
questions from the selection committee members.
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Interested firms or individuals are requested to indicate their interest by submitting a proposal
via email to OMB-BI S(2monroecounty-fl.us which must be received on or before 3:00 P.M.
local time on May , 2021.No proposals will be accepted after 3:00 P.M. Faxed proposals
shall be automatically rejected. It is the sole responsibility of each Respondent to ensure its
proposal is timely received.
Each Respondent shall submit with his Response the required evidence of his qualifications
and experience.
7. DISQUALIFICATION OF RESPONDENT
A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response
to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If
it is discovered that collusion exists among the Respondents, the proposals of
all participants in such collusion shall be rejected, and no participants in such
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R.7.a
collusion will be considered in future proposals 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 proposal on a contract to provide any goods or services to a public
entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
Proposals on leases or perform work as a contractor, supplier, subcontractor, y
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 from the date
of being placed on the convicted vendor list. Category Two: $35,000.00
0
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/her 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. y
D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person
submitting a bid or proposal in response to this invitation must execute the c
enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it
with his/her 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.
E. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES y
LISTS: Section 287.135, Florida Statutes prohibits a company from bidding on,
submitting a proposal for, or entering into or renewing a contract for goods or
services of any amount if, at the time of contracting or renewal, the company is
on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section
287.135, Florida Statutes, also prohibits a company from bidding on, submitting
a proposal for, or entering into or renewing a contract for goods or services of
$1,000,000 or more, that are on either the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector Lists which were created pursuant to s. 215.473,
Florida Statutes, or is engaged in business operations in Cuba or Syria.
8. EXAMINATION OF RFP DOCUMENTS E
A. Each Respondent shall carefully examine the RFP and other contract
documents and inform himself/herself 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 Respondent shall in no way relieve him/her of the obligations and
responsibilities assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from,
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the specifications, or should he be in doubt as to their meaning, he shall at once
notify the County.
9. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the RFP and
contract documents. Any inquiry or request for interpretation received in writing ten (10) or
more days prior to the date fixed for opening of responses will be given consideration.
Questions should be directed, in writing, to:
Holly Elomina,
16th Judicial Circuit Court Administrator
302 Fleming Street
Key West, Florida 33040 ca
Or by email to:
olly. to ina KeysCourts.net
or by Facsimile to:
(305) 292-4515
All such changes or interpretation will be made in writing in the form of an addendum and, if
issued, will be posted on DemandStar and a notification will be furnished to all known
prospective Respondents listed as planholders prior to the established Proposal opening date. P
Each Respondent shall acknowledge receipt of such addenda in his/her Proposal. In case any 0.
Respondent fails to acknowledge receipt of such addenda or addendum, his/her response will
nevertheless be construed as though it had been received and acknowledged and the
submission of his/her 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/her. It is the responsibility of each Respondent to
verify that he/she has received all addenda issued before responses are opened.
10. 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, professional license requirements and 0.
regulations that in any manner affect the work. Knowledge of occupational license
requirements and obtaining such licenses for Monroe County and municipalities within Monroe
County are the responsibility of the Respondent.
11. 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 "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 Response on behalf of the corporation must be
stated along with the Corporation Seal Stamp and evidence of his authority to sign the
Response must be submitted. The Respondent shall state in the response the name and
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address of each person having an interest in the submitting entity.
12. MODIFICATION OF RESPONSES
Written modification will be accepted from Respondents via email as indicated in the Notice of
Request for Proposals and received prior to Proposal due date and time. Modifications must
be submitted via email to OMB- I SQmonroecounty-fl.gov. with the following in the subject
line of the email "Modification to Proposal—Proposal for Drug Court Program Services."
Faxed modifications shall be automatically rejected.
13. RESPONSIBILITY FOR RESPONSE
0
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.
0
14. RECEIPT AND OPENING OF RESPONSES W
T
Responses will be received until the designated time and will be publicly opened. Respondents
names shall be read aloud as stated in the Notice of Request for Competitive Solicitations.
Monroe County's representative authorized to open the responses will decide when the c
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
identified. Respondents or their authorized agents are invited to be present via the zoom
platform. W
15. DETERMINATION OF SUCCESSFUL RESPONDENT
Following the receipt of responses, the selection committee will meet in a publicly noticed
meeting and evaluate the responses based on the criteria and point total below. The contract
shall be awarded based on the following criteria:
• Total points 100 (110 if Local Preference is met)
• Tab 1 - Executive Summary (5 points)
• Tab 2 - Relevant Experience; Past Performance with similar Projects; References
(within the past five (5) years (20 points) CL
• Tab 3- Project Approach (5 points)
• Tab 4- Staffing for this Project; Qualification of Key Personnel; Ability to
provide conforming in-person services to clients at each Drug Court location (Ability to
Demonstrate internal capacity, qualified staffing and resources to effectively and
efficiently execute all program elements at each Drug Court location) (30 Points) E
• Tab 5: Project Budget: Price: Cost and Hourly Rates (35 Points)
• Tab 6- Financial Information and Litigation (5 points)
• Tab 7-County Forms (0 points; 10 points if local preference is met)
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A public notice will be issued regarding the Selection Committee meeting and how to
attend that meeting virtually. Physical attendance may be permitted depending upon
the directives from the Governor of Florida, Monroe County Mayor or other local
officials. Please check public notices for additional information. Selected respondents
will be asked to attend the selection committee meeting to make presentations of no
longer than fifteen (15) minutes and answer questions from the selection committee
members.
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 that
contain modifications are incomplete, unbalanced, conditional, obscure, or that contain
additions not requested or irregularities of any kind, or that do not comply in every respect with
the Instruction to Respondent and the contract documents, may be rejected at the option of
the County.
16.AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for the services based on
geographic area or other, and to waive any informality in any response, or to re-advertise
for all or part of the work contemplated. P
B. 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.
C. The recommendation of the selection committee shall be presented to the Board of County
Commissioners of Monroe County, Florida, for final selection and award of contract.
17. CERTIFICATE OF INSURANCE, INSURANCE REQUIREMENTS AND BONDS
The Respondent shall be responsible for all necessary insurance coverage as indicated below.
Certificates of Insurance must be provided to Monroe County within fifteen (15) days after
award of contract, with Monroe County BOCC listed as additional insured as indicated. If the
proper insurance forms are not received within the fifteen (15) day period, the contract may be
awarded to the next selected Respondent. Policies shall be written by companies licensed to CL
do business in the State of Florida and having an agent for service of process in the State of
Florida. Companies shall have an A.M. Best rating of VI or better. The required insurance shall
be maintained at all times while Respondent is providing service to County.
Worker's Compensation-Form WC3 Statutory Limits
Employers' Liability Insurance-Form WC3
Bodily Injury by Accident $1,000,000
Bodily Injury by Disease, policy limits $1,000,000
Bodily Injury by Disease, each employee $1,000,000
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R.7.a
Commercial General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability Personal
Injury Liability
Expanded Definition of Property Damage
$1,000,000 Combined Single Limit per occurrence
Coverage must include coverage for blanket contractual liability for the obligations assumed under
contract -Commercial General Liability- Form GL3
0
Commercial Business Automobile Liability- Form VL3
(Owned, non-owned, eased and hired or borrowed vehicles and must include coverage
for blanket contractual liability for the obligations assumed under contract)
0
$1,000,000 Combined Single Limit y
Professional Liability- Form PRO3
$1,000,000 per Occurrence
$2,000,000 Aggregate c
0
2
Monroe County shall be named as an Additional Insured on the General Liability and Vehicle
Liability policies. The State of Florida shall be furnished with a certificate of insurance, which
shall provide that such insurance shall not be changed or canceled, without ten days prior
written notice to the State of Florida. Certificates of Insurance shall be delivered to the State
of Florida prior to the commencement of the agreement.
INDEMNIFICATION
0
U
The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless
the County as outlined below.
0
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe 0.
County, its commissioners, officers, employees, agents and servants from any and all claims
for bodily injury, including death, personal injury, and property damage, including damage to
property owned by Monroe County, and any other losses, damages, and expenses of any
kind, including attorney's fees, court costs and expenses, 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 the negligence, errors, or other wrongful act or omission of the
CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants or agents.
In the event that 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. Should any claims be asserted against the County by
virtue of any deficiency or ambiguity in the plans and specifications provided by the
CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the
County harmless and shall indemnify it from all losses occurring thereby and shall further
16
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R.7.a
defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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.
This indemnification shall survive the expiration or earlier termination of the contract.
18. EXECUTION OF CONTRACT
The Respondent will be required to execute a contract with the County (draft attached) for the
services provided for in this RFP. The Respondent with whom a contract is negotiated shall
be required to return to the County the prescribed Contract together with the required
certificates of insurance.
0
19. BID PROTEST y
Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or
intended decision to award a contract shall submit in writing a notice of protest which must be
received by the County Attorney's Office within seventy-two (72) hours or three (3) business
days, whichever is less, after the posting of the notice of decision or intended decision on
DemandStar or posting of the notice of decision or intended decision on the Monroe County c
Board of County Commissioners' ("BOCC") agenda, whichever occurs first. Additionally, a
formal written protest must be submitted in writing and must be received by the County --
Attorney's Office seventy-two (72) hours or three (3) business days prior to the BOCC's
meeting date in which the award of contract by the BOCC will be heard. The only opportunity
to address protest claims is before the BOCC at the designated public meeting in which the a,
agenda item awarding the contract is heard. In accordance with the Rules of Debate as set
forth in the Monroe County Board of County Commissioners Administrative Procedures, the
Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with
his/her name and residence prior to the agenda item to award the contract being called in
order to preserve their opportunity to be heard on this matter. An individual has three (3)
minutes to address the Commission and a person representing an organization has five (5)
minutes to address the Commission. The BOCC decision to award the contract is final and at CL
their sole discretion. Failure to timely protest within the times and manner prescribed herein
shall constitute a waiver of the ability to protest the award of contract, unless the BOCC
determines that it is in the best interest of the County to excuse the protest waiver. The filing
of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is
determined that it is in the best interest of the County to do so.
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SECTION TWO: DRAFT CONTRACT
AGREEMENT FOR
Drug Court Program
Services y
This Agreement ("Agreement") is made and entered into this day of 2021 by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred
to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"),
AND
0
a of the State of
y
whose address is its successors and ,
assigns, hereinafter referred to as "CONTRACTOR" or"CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for
Drug Court Program Services; and
WHEREAS, CONTRACTOR has agreed to provide professional services for the Drug
Court Program, including but not limited to, outpatient clinical and support services to clients
admitted into the Sixteenth Judicial Circuit's three (3) drug courts - Adult Diversion Court
(ADC), Family Treatment Court (FTC), and Juvenile Diversion Court (JDC) — in each
geographic region/courthouse location in the County, specifically, Key West, Marathon, and
Plantation Key , which shall collectively be referred to as the "Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONTRACTOR agree as follows: 0.
FORM OF AGREEMENT
ARTICLE 1 E
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONTRACTOR makes the following express
representations and warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONTRACTOR for the Project until the
CONTRACTOR'S duties hereunder have been fully satisfied;
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R.7.a
1.1.2 All services provided under this Contract must meet all applicable local, state
and federal ordinances, laws, rules, regulations and applicable Court orders.
Should any law, standard, rule, regulation, order or departmental procedure
change during the contract term, the updated version will take precedence.
CONTRACTOR and the County shall work cooperatively to ensure delivered
services are in complete compliance with all aforementioned mandates and
requirements.
1.1.3 CONTRACTOR shall ensure that all substance abuse treatment services
provided are in accordance with Chapter 397, Florida Statutes (F.S.), Rule 65D- Q
30, Florida Administrative Code (F.A.C.) and all updates, and Code of Federal
Regulation 42, Part 2.
1.1.4 CONTRACTOR shall have and maintain the level of licensure appropriate to the
program type as specified by Chapter 397, F.S. and Rule 65D-30, F.A.C.,
including all updates and revisions to Chapter 397 and 65D-30. Licensure shall
be current at all times and prominently displayed at the program site. (Chapter
397, F.S., Rule 65D-30, F.A.C.). CONTRACTOR shall pay for all costs y
associated with local, state, and federal licenses, permits and inspection fees
required to provide services. The Contract Manager shall be provided with a
copy of all licenses. CONTRACTOR will notify the Contract Manager
immediately of any changes to licensing status. A copy of the Department of
Children and Families' licensing inspection report will also be provided to the
Contract Manager. P
1.1.5 All substance abuse treatment services shall be evidence-based and provided
by a qualified professional, or under the supervision of a qualified professional,
as defined in Chapter 397, F.S. and Rule 65D-30, F.A.C. CONTRACTOR shall
provide an adequate level of professional treatment staff for required services
and shall ensure that staff are appropriately trained. CONTRACTOR shall
ensure the constant presence of sufficient staff and treatment space to provide
the required services. All CONTRACTOR's facilities shall meet or exceed the
Americans with Disabilities Act (ADA) requirements regarding accessibility.
1.1.6 The CONTRACTOR has become familiar with the Project, Project site and the
local conditions under which the work is to be completed; CONTRACTOR must 0.
be willing to travel to off-site locations, such as courthouse locations for court
appearances and Drug Court staffing's with Case Management, as well as have
the capacity to conduct clinical assessments/services remotely with clients and
case management staff.
1.1.7 The facility service location(s) shall meet all state, county, and city zoning,
permitting and licensing regulations at the time of contract award, as well as any
other requirements necessary to operate the service location(s).
CONTRACTOR shall provide such documentation to the County as requested.
Location(s) of the facility(s) should promote client accessibility, such as
reasonable access to public transportation to the Courts.
1.1.8 The CONTRACTOR shall prepare all documentation required by this
Agreement in such a manner that they shall be accurate, coordinated and
19
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R.7.a
adequate for use in verifying work completed by CONTRACTORs and
associated costs and shall be in conformity and comply with all applicable law,
codes and regulations. The CONTRACTOR warrants that the documents
prepared as a part of this Agreement will be adequate and sufficient to
document costs in a manner that is acceptable for reimbursement by
government agencies, therefore eliminating any additional cost due to missing
or incorrect information;
1.1.9 The CONTRACTOR assumes full responsibility to the extent allowed by law
with regards to his performance and those directly under his employ. Q
1.1.10 The CONTRACTOR shall document its progress in performing its work under
this Agreement and report its progress to the County as outlined below:
DOCUMENTS/NOTIFICATION PROVIDED TO DRUG COURT
a. Notification of client's arrival for initial assessment and acceptance/
nonacceptance into CONTRACTOR's treatment setting. y
T
b. Client's completed initial assessment shall be provided in a timely manner.
C. Notification of client's treatment start date. c
0
d. Notification of evaluation/treatment recommendations and any changes thereof. c
e. Provide information forjudicial review no later than forty-eight (48) hours prior to a
regularly scheduled court date (such information to include, but not be limited to,
attendance, participation, treatment progress/goals, client diagnosis and
prognosis). The aforementioned information will be electronically submitted to
Drug Court via secure connections, which can include direct submission through
the Drug Court's web-based case management system.
f. Immediate notification of termination, discharge, or elopements.
0
g. Immediate notification of violation of terms of treatment, such as missed treatment CL
appointments, missed group counseling sessions, inappropriate behavior, etc.
h. Immediate notification of hospitalization or significant disruption of treatment
process.
i. Client discharge information shall be provided in a timely manner.
REQUIRMENTS FOR SUBSTANCE ABUSE/MENTAL HEALTH SCREENING
ASSEMENTS:
a. CONTRACTOR shall perform all necessary clinical assessments for Drug Court clients
including, but not limited to, initial assessments and assessments required for in-patient
services. Initial client assessments shall be performed by CONTRACTOR within fourteen
(14) days of the Drug Court referral.
20
Packet Pg. 3401
R.7.a
b. Assessment tool must be an evidence-based tool which looks at drug use severity and
identifies major mental health problems, motivation for treatment, and criminal thinking
patterns.
c. CONTRACTOR must demonstrate staff qualifications for the administration of the chosen
instruments. CONTRACTOR will provide with their quote a list of relevant qualifications
for all staff members who will administer the tool.
d. The assessment tool should produce a concise report that will help the Court/Drug Court
determine proper treatment considerations, including recommended drug treatment level
and ancillary services.
e. Reports will be electronically submitted to Drug Court via secure connections, which can
include direct submission through the Drug Court's web-based case management system.
f. Reports must be timely submitted three (3) weeks from time of referral or seven (7) days
prior to the next scheduled Court date, whichever is sooner, except those necessitating a y
timelier response due to special instructions from the Court.
1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the
Project. In providing all services pursuant to this agreement, the
CONTRACTOR shall abide by all statutes, ordinances, rules and regulations P
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. a,
r_
1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an
independent Contractor and not an employee of the Board of County
Commissioners for Monroe County or the State of Florida. No statement
contained in this agreement shall be construed so as to find the CONTRACTOR
or any of his/her employees, contractors, servants, or agents to be employees
of the Board of County Commissioners for Monroe County or the State of CL
Florida.
1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of
race, creed, color, national origin, sex, age, or any other characteristic or aspect
which is not job related, in its recruiting, hiring, promoting, terminating, or any
other area affecting employment under this agreement or with the provision of
services or goods under this agreement.
TERM OF AGREEMENT
1.1.8 The effective date of this AGREEMENT shall be October 1, 2021. The term
of the AGREEMENT shall be for a one-year period, unless otherwise terminated
as provided herein. The COUNTY shall have the option of extending the
AGREEMENT in two-year increments for up to four(4)years at the same terms
and conditions with approval of the COUNTY'S governing board. Such
extension(s) shall be in the form of a written Amendment to the AGREEMENT
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R.7.a
and shall be executed by both parties.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONTRACTOR shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONTRACTOR.
0
2.3 NOTICE REQUIREMENT y
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONTRACTOR. Any notice required or permitted under this agreement c
shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified
mail, return receipt requested, to the following:
2
Holly Elomina
161h Judicial Circuit Court Administrator y
302 Fleming Street
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205 Key West, Florida 33040
For the CONTRACTOR:
0
0.
TBD/ Include upon Award of Contract
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services, as described in this Article III and not included in the Scope of
Basic Services, may be provided by the CONTRACTOR. If additional services are
requested by the COUNTY they shall be paid for as an addition to the compensation
paid for the Scope of Basic Services but should be in accordance with the agreed upon
rates and only if approved by the COUNTY before commencement.
If Additional Services are required, which are not included in the Scope of Basic
Services but may be needed by the CONTRACTOR and are customary services
22
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R.7.a
otherwise provided by the CONTRACTOR, the COUNTY shall issue a letter requesting
and describing the requested services to the CONTRACTOR. The CONTRACTOR
shall respond with a fee proposal to perform the requested services. Only after
receiving an amendment to the Agreement and a notice to proceed from the COUNTY,
shall the CONTRACTOR proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide information regarding requirements for the Project.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining in order to avoid unreasonable delay in the orderly and
sequential progress of the CONTRACTOR'S services.
4.3 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONTRACTOR'S services and work of the contractors or other consultants.
0
4.4 The COUNTY's review of any information or documents, prepared by the
CONTRACTOR or its subcontractors, shall be solely for the purpose of determining
whether such information or documents are generally consistent with the COUNTY's
criteria. No review of such information or documents shall relieve the CONTRACTOR
of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its
work product.
4.5 Any information that may be of assistance to the CONTRACTOR that the COUNTY
has immediate access to will be provided as requested.
0
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
0
CL
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend
COUNTY, its commissioners, officers, employees, agents and servants from any and all
claims for bodily injury, including death, personal injury, and property damage, including
damage to property owned by Monroe County, and any other losses, damages, and expenses
of any kind, including attorney's fees, court costs and expenses, which arise out of, in
connection with, or by reason of services provided by CONTRACTOR or its Subcontractor(s)
in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the
CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants and
agents.
In the event that 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 COUNTY from any and all increased
expenses resulting from such delay. Should any claims be asserted against COUNTY by
virtue of any deficiency or ambiguity in the plans and specifications provided by the
CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the
23
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R.7.a
County harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claim or action on the COUNTY's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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.
This indemnification shall survive the expiration or earlier termination of the Agreement. Q
ARTICLE VI
0
PERSONNEL
6.1 PERSONNEL
0
W
The CONTRACTOR shall assign only qualified personnel pursuant to Chapter 397, F.S. and
Rule 65D-30, F.A.0 to perform any counseling service concerning the Project. At the time of
execution of this Agreement, the parties anticipate that the following named individuals will
perform those functions as indicated:
NAME FUNCTION
To be Completed Upon Award of Contract
So long as the individuals named above remain actively employed or retained by the
CONTRACTOR, they shall perform the functions indicated next to their names. If they are
replaced the CONTRACTOR shall notify the COUNTY of the change immediately. °'
0
ARTICLE VII
COMPENSATION
0
7.1 PAYMENT SUM CL
7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S
performance of this Agreement based on rates negotiated and agreed upon and shown
in Attachment B. The maximum amount due to CONTRACTOR shall not in any event
exceed the spending cap in this Agreement, which is $ The annual
payment sum will be subject to review and approval of the project budget by the Board
of County Commissioners
7.2 PAYMENTS AND INVOICING
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONTRACTOR shall be paid monthly.
(A) If the CONTRACTOR'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
24
Packet Pg. 3405
R.7.a
compensation due to the CONTRACTOR shall be equitably adjusted, either
upward or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services
properly rendered and reimbursable expenses due hereunder. The
CONTRACTOR'S invoice shall describe with reasonable particularity the
service rendered. The CONTRACTOR'S invoice shall be accompanied by such
documentation or data in support of expenses for which payment is sought at Q
the COUNTY may require, including but not limited to back up documentation
sufficient for reimbursement of expenses by other governmental agencies.
(C) Payment shall be made pursuant to the Local Government Prompt Payment
Act, 218.70, Florida Statute.
7.2.2 Invoicing
(A) CONTRACTOR shall submit invoices for payments due, as well as any y
supporting documentation required by the County and acceptable by the Clerk,
for authorized expenses incurred. Acceptability to the clerk is based on
generally accepted accounting principles and such laws, rules, and regulations
as may govern the Clerk's disbursal of funds.
(B) Additional information to be provided with CONTRACTOR's monthly invoices
must include, but is not limited to, number of clients served, number of services
provided, and total amount billed.
(C) CONTRACTOR shall separately track and invoice services for Drug Court's y
three (3) locations of Key West, Marathon, and Plantation Key to the Contract
Manager as required by the County.
(D) Any fees incurred by the client while participating in the treatment program must
be fully disclosed to the client during orientation. All fees for which
CONTRACTOR will request reimbursement from the client must be approved ca
in advance by the Contract Manager. CONTRACTOR will provide a receipt to
the client for each payment made.
0
0.
7.3 REIMBURSABLE EXPENSES
"Fully Loaded Hourly" Rates or other rates and cost specified in Attachment B shall be
inclusive of all reimbursable expenses.
7.4 BUDGET
7.4.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this
contract in each fiscal year (October 1 - September 30) by COUNTY's Board of
County Commissioners. The budgeted amount may only be modified by an
affirmative act of the COUNTY's Board of County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is
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R.7.a
contingent upon an annual appropriation by the Board of County Commissioners
and the approval of the Board members at the time of contract initiation and its
duration.
ARTICLE VIII
INSURANCE AND BONDS
8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required Q
insurance at all times that this Agreement is in effect. 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.
8.2 The CONTRACTOR shall furnish a Performance and Payment Bond in a form
acceptable to the Owner as a guarantee for the faithful performance of the Contract 0)
(including guarantee and maintenance provisions) and the payment of all obligations T
arising thereunder. The Performance and Payment Bond shall be in an amount at least
equal to the contract price. This contract is subject to the provisions of Section 255.05,
Florida Statutes, which are incorporated herein. If contract amendments render the
contract more than ten (10%) percent higher than the bond amount, the
CONTRACTOR shall increase the bond amount to cover the entire difference.
2
8.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating
of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an
endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation
of said coverage. Said coverage shall be written by an insurer acceptable to the
COUNTY and shall be in a form acceptable to the COUNTY.
0
8.4 CONTRACTOR shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440- County Form WC3.
0.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee- County Form WC3.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of others
arising from use of motor vehicles, including onsite and offsite operations, and
owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00)
combined single limit.-County Form VL3
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONTRACTOR or any of its employees, agents or
subcontractors, including Premises and/or Operations, Products and Completed
Operations, Independent Contractors; Broad Form Property Damage and a Blanket
Contractual Liability Endorsement with One Million Dollars ($1,000,000) Combined
26
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R.7.a
Single Limit.-County Form GL3
An Occurrence Form policy is preferred. If coverage is changed to or 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 must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Professional Liability $1,000,000 per occurrence and $2,000,000 annual
aggregate- County Form PR03 Q
F. COUNTY shall be named as an additional insured with respect to
CONTRACTOR'S liabilities hereunder in insurance coverages identified in
Paragraphs C and D. ca
G. CONTRACTOR shall require its subcontractors to be adequately insured at least
to the limits prescribed above, and to any increased limits of CONTRACTOR if so
required by COUNTY during the term of this Agreement. COUNTY will not pay for y
increased limits of insurance for subcontractors.
H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of
all insurance policies including those naming the COUNTY as an additional
insured. The COUNTY reserves the right to require a certified copy of such policies
upon request. P
I. 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.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
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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.
9.2 SUCCESSORS AND ASSIGNS E
The CONTRACTOR shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and the CONTRACTOR, which approval shall be
subject to such conditions and provisions as the Board 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.
Subject to the provisions of the immediately preceding sentence, each party hereto
binds itself, its successors, assigns and legal representatives to the other and to the
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R.7.a
successors, assigns and legal representatives of such other party.
9.3 NO THIRD-PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with
or any rights in favor of, any third party.
9.4 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect
of service, the COUNTY shall have the right to terminate this agreement after five
(5) days' written notification to the CONTRACTOR.
0
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party thirty (30) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may y
also terminate this agreement for cause with CONTRACTOR should
CONTRACTOR fail to perform the covenants herein contained at the time and in
the manner herein provided. In the event of such termination, prior to termination,
the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and c
0
provide the CONTRACTOR with an opportunity to cure the breach that has
occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall
pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and
seek an offset for damages caused by the breach. In addition, the COUNTY
reserves all rights available to recoup monies paid under this Agreement, including
the right to sue for breach of contract and including the right to pursue a claim for
violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al.
of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon thirty (30) days' notice to CONTRACTOR. If the CL
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract.
E. For Contracts of any amount, if the County determines that the CONTRACTOR
has submitted a false certification under Section 287.135(5), Florida Statutes or
has been placed on the Scrutinized Companies that Boycott Israel List, or is
engaged in a boycott of Israel, the County shall have the option of (1) terminating
the Agreement after it has given the CONTRACTOR/Consultant written notice and
an opportunity to demonstrate the agency's determination of false certification was
in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the
Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.
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R.7.a
For Contracts of $1,000,000 or more, if the County determines that the
CONTRACTOR/Consultant submitted a false certification under Section
287.135(5), Florida Statutes, or if the CONTRACTOR/Consultant has been placed
on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been
engaged in business operations in Cuba or Syria, the County shall have the option
of (1) terminating the Agreement after it has given the CONTRACTOR/Consultant
written notice and an opportunity to demonstrate the agency's determination of
false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes,
or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Q
Statutes, are met.
9.5 CONTRACT DOCUMENTS
This contract consists of the Request for Proposals (RFP), any addenda, the Form of
Agreement (Articles I-IX), the CONTRACTOR'S response to the RFP, the documents
referred to in the Form of Agreement as a part of this Agreement, and Attachment A- y
Scope of Services and Attachment B- Rates, and modifications made after execution
by written amendment. In the event of any conflict between any of the Contract
documents, the one imposing the greater burden on the CONTRACTOR will control.
0
9.6 PUBLIC ENTITIES CRIMES
2
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 contracts to provide any y
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 of the Florida Statutes, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
0
0.
By signing this Agreement, CONTRACTOR represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto and may result in debarment from COUNTY's
competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has
not been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether CONUSULTANT has been
placed on the convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or
CONTRACTOR is formally charged with an act defined as a "public entity crime"
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R.7.a
or has been placed on the convicted vendor list.
9.7 MAINTENANCE AND RETENTION OF RECORDS, ACCESS TO RECORDS AND
RIGHT TO AUDIT
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement Q
and for four years following the termination of this Agreement. If an auditor employed
by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to
this Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies ca
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running
from the date the monies were paid by the COUNTY.
0
Right to Audit y
Availability of Records. The records of the parties to this Agreement relating to the ,
Project, which shall include but not be limited to accounting records (hard copy, as well
as computer readable data if it can be made available); subcontract files (including c
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge logs
and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by County or the Monroe County Office of the Clerk of Court and
Comptroller(hereinafter referred to as "County Clerk") to substantiate charges related
to this agreement, and all other agreements, sources of information and matters that
may in County's or the County Clerk's reasonable judgment have any bearing on or
pertain to any matters, rights, duties or obligations under or covered by any contract
document (all foregoing hereinafter referred to as "Records") shall be open to
inspection and subject to audit and/or reproduction by County's representative and/or
agents or the County Clerk. County or County Clerk may also conduct verifications
such as, but not limited to, counting employees at the job site, witnessing the
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distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors' representatives. All records
shall be kept for ten (10)years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of Records, assets, and
activities relating to this Project. If any auditor employed by the Monroe County or
County Clerk determines that monies paid to Contractor pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Contractor shall repay
the monies together with interest calculated pursuant to Section 55.03, F.S., running
form the date the monies were paid to Contractor. The right to audit provisions survives
the termination of expiration of this Agreement.
9.8 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
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R.7.a
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida applicable to contracts 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, COUNTY and CONTRACTOR
agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the
appropriate court or before the appropriate administrative body. This agreement shall
not be subject to arbitration. 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.
9.9 UNCONTROLLABLE CIRCUMSTANCES
Any delay or failure of either Party to perform its obligations under this Agreement will
be excused to the extent that the delay or failure was caused directly by an event U
beyond such Party's control, without such Party's fault or negligence and that by its
nature could not have been foreseen by such Party or, if it could have been foreseen,
was unavoidable: (a) acts of God; (b)flood, fire, earthquake, explosion, tropical storm,
hurricane or other declared emergency in the geographic area of the Project; (c) war, y
invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or
other civil unrest in the geographic area of the Project; (d) government order or law in
the geographic area of the Project; (e) actions, embargoes, or blockades in effect on
or after the date of this Agreement; (f) action by any governmental authority prohibiting
work in the geographic area of the Project;(each, a "Uncontrollable Circumstance").
CONTRACTOR'S financial inability to perform, changes in cost or availability of
materials, components, or services, market conditions, or supplier actions or contract
disputes will not excuse performance by CONTRACTOR under this Section. W
CONTRACTOR shall give County written notice within Five (5) days of any event or
circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and
the anticipated duration of such Uncontrollable Circumstance. CONTRACTOR shall
use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects
of any Uncontrollable Circumstance are minimized and resume full performance under
this Agreement. The County will not pay additional cost as a result of an Uncontrollable
Circumstance. The CONTRACTOR may only seek a no cost Change Order for such
reasonable time as the Owners Representative may determine.
9.10 SEVERABILITY
0.
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.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or
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R.7.a
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of the Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and court costs, as an award against the non-prevailing
party, and shall include attorney's fees and courts costs in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns. Q
9.13 AUTHORITY
Each party 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.
0
9.14 CLAIMS FOR FEDERAL OR STATE AID 0)
T
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.
Any additional conditions imposed as a result of funding that effect the Project will be
provided to each party.
2
9.15 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, 2
COUNTY and CONTRACTOR agree to participate, to the extent required by the other
party, 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 party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
9.18 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
0.
CONTRACTOR and COUNTY 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. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2) 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; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794),which prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
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R.7.a
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; 7)
The Public 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 patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)
The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis
of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity Q
or expression, familial status or age; 11) Florida Civil Rights Act, as amended, Chapter
760, Florida Statutes; 12) Section 109 of title 1 of the Housing and Community
Development Act of 1974 (Title 1) (42 U.S.C. 5309); and 13) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the ca
parties to, or the subject matter of, this Agreement.
c
9.19 COVENANT OF NO INTEREST y
CONTRACTOR and COUNTY covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and c
0
receive benefits as recited in this Agreement. >
2
9.20 CODE OF ETHICS / CONFLICT OF INTEREST
COUNTY agrees that officers and employees of the COUNTY recognize and will be 2
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
CONTRACTOR/CONSULTANT certifies that there is no present conflict of interest,
and that CONTRACTOR/CONSULTANT has no knowledge of any conflict of interest. 0.
CONTRACTOR/CONSULTANT are expected to safeguard their ability to make
objective, fair, and impartial decisions when performing work for the COUNTY, and
therefore may not accept benefits of any sort under circumstances in which it could be a
inferred by a reasonable observer that the benefit was intended to influence a pending
or future decision of theirs, or to reward a past decision. Consultants performing work
for the COUNTY should avoid any conduct (whether in the context of business,
financial, or social relationships) which might undermine the public trust, whether or
not that conduct is unethical or lends itself to the appearance of ethical impropriety.
CONTRACTOR/CONSULTANT agrees not to solicit or accept gratuities, unwarranted
privileges or exemptions,favors, or anything of value from any firm under consideration
for an agreement associated with the Project, and I recognize that doing so may be
contrary to statutes, ordinances, and rules governing or applicable to the COUNTY or
may otherwise be a violation of the law.
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R.7.a
9.21 NO SOLICITATION/PAYMENT
The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the CONTRACTOR agrees that the
COUNTY shall have the right to terminate this Agreement without liability and, at its Q
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
9.22 E-VERIFY SYSTEM
Beginning January 1, 2021, in accordance with F.S. 448.095, the CONTRACTOR and
any subcontractor shall register with and shall utilize the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all new employees
hired by the Contractor during the term of the Contract and shall expressly require any y
subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work >
authorization status of all new employees hired by the subcontractor during the Contract
term. Any subcontractor shall provide an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. The CONTRACTOR
shall comply with and be subject to the provisions of F.S. 448.095 P
9.23 PUBLIC ACCESS REQUIREMENTS .�
Public Records Compliance. CONTRACTOR must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and Section 24
of article I of the Constitution of Florida. The County and CONTRACTOR shall allow
and permit reasonable access to, and inspection of, all documents, records, papers,
letters or other"public record" materials in its possession or under its control subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the County
and CONTRACTOR in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract upon
violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to 0.
abide by the terms of this provision shall be deemed a material breach of this contract
and the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and
costs associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The CONTRACTOR is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
CONTRACTOR is required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within
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R.7.a
a reasonable time at a cost that does not exceed the cost provided in this chapter
or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
CONTRACTOR does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the CONTRACTOR or keep and maintain public records
that would be required by the County to perform the service. If the
CONTRACTOR transfers all public records to the County upon completion of the
contract, the CONTRACTOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If
the CONTRACTOR keeps and maintains public records upon completion of the
contract, the CONTRACTOR shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible y
with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be c
made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the CONTRACTOR of the request,
and the CONTRACTOR must provide the records to the County or allow the
records to be inspected or copied within a reasonable time.
If the CONTRACTOR does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance with the
contract, notwithstanding the County's option and right to unilaterally cancel this
contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who
fails to provide the public records to the County or pursuant to a valid public records
request within a reasonable time may be subject to penalties under section119.10,
Florida Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise
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dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-
3470 BRADLEY- BRIAM&MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street,
SUITE 408, KEY WEST, FL 33040.
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R.7.a
9.24 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
9.25 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. c
0
9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES
2
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended
to, nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be 2
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional
or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law. ca
9.26 NON-RELIANCE BY NON-PARTIES
0
No person or entity shall be entitled to rely upon the terms, or any of them, of this 0.
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 CONTRACTOR
and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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.
9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONTRACTOR agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act
as the execution of a truth in negotiation certificate stating that wage rates and other
36
Packet Pg. 3417
R.7.a
factual unit costs supporting the compensation pursuant to the Agreement are
accurate, complete, and current at the time of contracting. The original contract price
and any additions thereto shall be adjusted to exclude any significant sums by which
the agency determines the contract price was increased due to inaccurate, incomplete,
or concurrent wage rates and other factual unit costs. All such adjustments must be
made within one year following the end of the Agreement.
9.28 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or Q
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. ca
9.29 EXECUTION IN COUNTERPARTS
0
This Agreement may be executed in any number of counterparts, each of which shall y
be regarded as an original, all of which taken together shall constitute one and the
same instrument and any of the parties hereto may execute this Agreement by signing
any such counterpart.
0
9.30 COMPLIANCE WITH LAWS AND REMEDIES FOR NONCOMPLIANCE
2
a. The CONTRACTOR shall comply with and is bound by all applicable Local, State,
and Federal laws, rules and regulations and applicable Court orders. Should any
law, standard, rule, regulation, order or departmental procedure change during the
contract term, the updated version will take precedence. CONTRACTOR and the
County shall work cooperatively to ensure delivered services are in complete
compliance with all aforementioned mandates and requirements.
0
b. CONTRACTOR shall ensure that all substance abuse treatment services provided
are in accordance with Chapter 397, Florida Statutes (F.S.), Rule 65D-30, Florida
Administrative Code (F.A.C.) and all updates, and Code of Federal Regulation 42,
Part 2.
c. CONTRACTOR shall have and maintain the level of licensure appropriate to the
program type as specified by Chapter 397, F.S. and Rule 65D-30, F.A.C., including
all updates and revisions to Chapter 397 and 65D-30. Licensure shall be current
at all times and prominently displayed at the program site. (Chapter 397, F.S., Rule
65D-30, F.A.C.). CONTRACTOR shall pay for all costs associated with local, state,
and federal licenses, permits and inspection fees required to provide services. The
Contract Manager shall be provided with a copy of all licenses. CONTRACTOR
will notify the Contract Manager immediately of any changes to licensing status. A
copy of the Department of Children and Families' licensing inspection report will
also be provided to the Contract Manager.
d. All substance abuse treatment services shall be evidence-based and provided by
a qualified professional, or under the supervision of a qualified professional, as
37
Packet Pg. 3418
R.7.a
defined in Chapter 397, F.S. and Rule 65D-30, F.A.C. CONTRACTOR shall
provide an adequate level of professional treatment staff for required services and
shall ensure that staff are appropriately trained. CONTRACTOR shall ensure the
constant presence of sufficient staff and treatment space to provide the required
services. All CONTRACTOR's facilities shall meet or exceed the Americans with
Disabilities Act (ADA) requirements regarding accessibility.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written. Q
0
(SEAL) BOARD OF COUNTY
COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman c
0
Date: P
CONTRACTOR
By:
0
Title:
The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑
online notarization, on this day of 2021, by 0.
Who is ( ) personally known to me or ( ) produced a
driver's license as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print, type of stamp commissioned name of
notary
END OF AGREEMENT
38
Packet Pg. 3419
R.7.a
ATTACHMENT A
SCOPE OF WORK
1) SCOPE OF SERVICES
a. Drug Court and/or the Court will order or communicate to CONTRACTOR an individual client's
level of services. At a minimum, CONTRACTOR will provide the following clinical services tc
each participating client until discharge from the Program: Q
i. Phase One:
1. Group meeting once a week (group counseling capped at twenty (20) persons
per group).
2. Individual counseling once a week.
3. An additional one-hour meeting with parent/guardian, if client is a juvenile, as
needed/requested.
ii. Phase Two:
1. Group meeting once a week (group counseling capped at twenty (20) persons y
per group). ,
2. Individual counseling at least twice a month.
3. An additional one-hour meeting with parent/guardian, if client is a juvenile, as c
needed/requested.
iii. Phase Three: >
1. Group meeting once a week (group counseling capped at twenty (20) persons
per group).
2. Individual counseling at least once a month.
3. An additional one-hour meeting with parent/guardian, if client is a juvenile, as .
needed/requested. a,
b. The following counseling and counseling-related services shall, when appropriate, be required:
U
i. Individual/group counseling sessions, which include the following services:
1. Client's biopsychosocial assessment
2. Client's treatment plan
CL
3. Client's discharge plan (if required)
4. Referral services for clients (in-house only)
5. Post-session client emails to Case Management
6. Recommendations when clients relapse/are in noncompliance (if required)
7. Crisis intervention for clients (if required)
ii. Court appearances (when required)
iii. Drug Court staffing appearances (when required)
The frequency of the aforementioned clinical services may be increased or amended, depending on
the particular needs of an individual client.
39
Packet Pg. 3420
R.7.a
c. Individual treatment and discharge planning will be made within thirty (30) days of referral by
the Court/Drug Court. Treatment plans will be made every thirty(30)days and submitted to Drug
Court.
d. Consultation or referral arrangements will be made by CONTRACTOR where psychiatric,
medical, or other social services are deemed appropriate and CONTRACTOR is able to provide
such services in-house. CONTRACTOR understands and agrees that more counseling services
for a client may be necessary and any additional services, resulting in costs or fees invoiced tc
the Contract Manager, must be approved by the Contract Manager before services are
performed.
e. CONTRACTOR shall have the ability/resources, at no additional cost beyond the terms of the
contract, to provide clinical services to non-English speaking clients. ca
f. All services shall be provided in accordance with the requirements of the Americans with
Disabilities Act (ADA).
g. Documents/notification provided to Drug Court
i. Notification of client's arrival for initial assessment and acceptance/ nonacceptance intc c
CONTRACTOR's treatment setting.
ii. Client's completed initial assessment shall be provided in a timely manner.
iii. Notification of client's treatment start date. y
iv. Notification of evaluation/treatment recommendations and any changes thereof.
v. Provide information for judicial review no later than forty-eight (48) hours prior to a
regularly scheduled court date (such information to include, but not be limited to,
attendance, participation, treatment progress/goals, client diagnosis and prognosis).The
aforementioned information will be electronically submitted to Drug Court via secure a
connections, which can include direct submission through the Drug Court's web-based
case management system. CL
vi. Immediate notification of termination, discharge, or elopements.
vii. Immediate notification of violation of terms of treatment, such as missed treatment
appointments, missed group counseling sessions, inappropriate behavior, etc.
viii. Immediate notification of hospitalization or significant disruption of treatment process.
ix. Client discharge information shall be provided in a timely manner.
h. Assessments - Requirements for substance abuse/mental health screening:
i. CONTRACTOR shall perform all necessary clinical assessments for Drug Court clients
including, but not limited to, initial assessments and assessments required for in-patient
40
Packet Pg. 3421
R.7.a
services. Initial client assessments shall be performed by CONTRACTOR within
fourteen (14) days of the Drug Court referral.
ii. Assessment tool must be an evidence-based tool which looks at drug use severity and
identifies major mental health problems, motivation for treatment, and criminal thinking
patterns.
iii. CONTRACTOR must demonstrate staff qualifications for the administration of the
chosen instruments. CONTRACTOR will provide with their quote a list of relevant
qualifications for all staff members who will administer the tool.
0)
iv. The assessment tool should produce a concise report that will help the Court/Drug Courl
determine proper treatment considerations, including recommended drug treatment US
level and ancillary services.
v. Reports will be electronically submitted to Drug Court via secure connections, which can
include direct submission through the Drug Court's web-based case management y
system.
vi. Reports must be timely submitted three (3)weeks from time of referral or seven (7)
days prior to the next scheduled Court date, whichever is sooner, except those c
0
necessitating a timelier response due to special instructions from the Court.
2
2) PERFORMANCE REQUIREMENTS:
a. PROGRAM MONITORING:
i. Program monitoring shall occur at intervals determined by the Contract Manager. Such
monitoring shall determine program compliance/noncompliance and shall consist of, but )
not be limited to, reviews of the following program functions:
1. Administrative issues
2. Program facilities
3. Program staff
4. Program operation
5. Clinical records reviews CL
6. Interviews with program staff/clients
ii. When issues of noncompliance are identified, the CONTRACTOR shall be required tc
submit a written corrective action plan (CAP) to the Contract Manager, or his/her
designee, within a specified timeframe. Failure to correct deficiencies may result in a
determination of breach of contract and termination of services.
41
Packet Pg. 3422
R.7.a
ATTACHMENT B
RATES-TBD
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42
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R.7.a
SECTION THREE: COUNTY FORMS AND INSURANCE FORMS
[This page intentionally left blank, with forms to follow.]
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Packet Pg. 3424
R.7.a
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasing Department
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
1 acknowledge receipt of Addenda No. (s)
I have included
• Response Form )
• Rates Spread Sheet
• Lobbying and Conflict of Interest Clause
• Non-Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Monroe County occupational license and relevant City occupational y
licenses are required to be obtained within ten days of award of the
contract >
• Vendor Certification Regarding Scrutinized Companies Lists
• Local Preference
• Insurance Agents Statement >
I have included a current copy of professional and occupational licenses
(Check mark items above, as reminder that they are included)
Mailing Address: Telephone:
Fax: c
Date:
0
Signed: (Print Name): CL
STATE OF: COUNTY OF:
Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online notarization
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:
44
Packet Pg. 3425
R.7.a
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
"...warrants 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 c
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." y
0
(Signature)
2
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, c
by means of ❑ physical presence or ❑ online notarization on
(date) by (name of affiant). He/She is personally
0.
known to me or has produced (type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
45
Packet Pg. 3426
R.7.a
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 bythe y
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, c
partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
2
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)
0
Date:
STATE OF:
CL
COUNTY OF:
Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online
notarization 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:
46
Packet Pg. 3427
R.7.a
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 0)
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed 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 c
rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
c
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section. W
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
(Signature) c
Date:
0
CL
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me by
means of ❑ physical presence or ❑ online notarization 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:
47
Packet Pg. 3428
R.7.a
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 from 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.
0
(Signature)
Date:
0
STATE OF:
2
COUNTY OF:
Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online
notarization on (date) by (name of affiant).
He/She is personally known to me or has produced (type of identification) as identification.
0
0
0.
NOTARY PUBLIC
My Commission Expires:
48
Packet Pg. 3429
R.7.a
Respondent's Insurance and Indemnification Statement
Insurance Reauirement Reauired Limits
Worker's Compensation Statutory Limits- Form WC3
Employer's Liability $1,000,000/$1,000,000/$1,000,000- Form WC3
Commercial General Liability $1,000,000 Combined Single Limit- GI-3 Q
Commercial Business Automobile Liability $1,000,000 Combined Single Limit-
Form VI-3
Professional Liability $1,000,000 per occurrence and
$2,000,000 annual aggregate- Form
PRO3
IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS >
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County,
its commissioners, officers, employees, agents and servants from any and all claims for bodily injury,
including death, personal injury, and property damage, including property owned by Monroe County, P
and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and
expenses, 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 the negligence, errors, or
other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their
officers, employees, servants or agents.
In the event that 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. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity
in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and
warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses 0.
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
49
Packet Pg. 3430
R.7.a
Respondent Signature
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0
2
0
0
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50
Packet Pg. 3431
R.7.a
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
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51
Packet Pg. 3432
R.7.a
MONROE COUNTY, FLORIDA
Request For Waiver of Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
0
Risk Management: W
Date:
County Administrator appeal:
Approved Not Approved
Meeting Date:
Board of County Commissioners appeal:
Approved Not Approved
CL
Meeting Date:
RESPONDENT SIGNATURE
52
Packet Pg. 3433
R.7.a
201$Edition
WORKERS' COMPENSATION INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
M NROE COUNTY,FLORIDA
AND
Prior to the commencement of work governed by this contract,the Contractor will obtain Workers'
Compensation insurance with limits sufficient to respond to the applicable Workers'
Compensation state statutes and the requirements of Chapter 440, Florida Statutes.
In addition,the Contractor will obtain Employers' Liability Insurance with limits of not less c
than:
$1,000,000 Bodily injury by Accident
$1,000 000 Bodily injury by Disease, policy limits
$1,000,000 Bodily injury by Disease, each employee
Coverage will be maintained throughout the entire term of the contract.
Coverage will be provided by a company or companies authorized to transact business in the state
of Florida.
2
0.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self 0.
-
insurer, the County may 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. e
0
0.
WC3
Administrative Instruction 7500.7
gg
Packet Pg. 3434
R.7.a
2018 Edition
GENERAL LIABILTY INSURANCE REQUIREMENTS
FOR
CONTACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor will
obtain Commercial General Liability Insurance. Coverage will be maintained U)
throughout the life of the contract and include, as a minimum: �
U
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable is:
$1,000,000 Combined Single Limit (CSL) 0
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 will be named as Additional
Insured on all policies issued to satisfy the above requirements.
U
0
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GL3
Administrative Instruction 7500.8 56
Packet Pg. 3435
2018 Edition
BUSINESS AUTOMOBILE ]LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLO A,
.AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Business Automobile Liability .Insurance.
Coverage will be maintained throughout the life Of the contract and include,as a minimum,liability
coverage for:
• Owned,Non-Owned, and Hired Vehicles )
0
U
The minimum limits acceptable is:
$1,000,000 Combined Single Limit(CSL)
If split limits are provided,the minimum limits acceptable are:
$ 500,000 per Person
$1,000,000 per Occurrence e
$ 100,000 Property Damage
2
The Monroe County Board of County Commissioners will be named as Additional Insured on all0.
Policies issued to satisfy the above requirements.
0
0
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VL3
Administrative Instruction 7500.7
82
Packet Pg. 3436
R.7.a
2018 Edition
PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the furnishing of advice or services .2
of a professional nature, the Contractor will purchase and maintain, throughout the life of the u
contract, Professional Liability Insurance which will respond to damages resulting from any claim v)
arising out of the performance of professional services or any error or omission of the Contractor
arising out of work governed by this contract. U
The minimum limits of liability are:
$1,000,000 per Occurrence/$2,000,000 Aggregate 0
If coverage is provided on a claims made basis, an extended claims reporting period of four(4)
years will be required.
0
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PR03
Administrative Instruction 7500.7
78
Packet Pg. 3437
R.7.a
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip:
Phone Number:
Email Address: Uc
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for
goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which c
were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name"is not listed on the Scrutinized Companies that a
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
e(
either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subj ect company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with U)
the County may be terminated, at the option of the County, if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a c
U
boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
Certified By: who is authorized CL
to sign on behalf of the above referenced company. "-
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
htlp://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted sus E
pended discriminatory complaints vendor lists
53
Packet Pg. 3438
R.7.a
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Sec. 2-349, Monroe County Code must
complete this form.
Name of Proposer/Responder
Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax
Collector dated at least one year prior to the notice or request for bid or proposal?
(Please furnish copy.) Q
2. Does the vendor have a physical business address located within Monroe County from
which the vendor operates or performs business on a day to day basis that is a substantial
component of the goods or services being offered to Monroe ca
County? The physical business address must be registered with the
Florida Department of State as its principal place of business for at least one year prior to
the notice of request for bids or proposals. (Please furnish copy of Florida Department of
State Detail by Entity Name sheet showing Principal Address) 0)
List Address:
Telephone Number:
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services
or construction to local businesses meeting the criteria above as to licensing and location?
2
If yes, please provide:
1. Copy of receipt of the business tax paid to the Monroe County Tax Collector by the
subcontractor dated at least one year prior to the notice or request for bid or proposal.
2. Subcontractor address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for Bidder/Responder:
STATE OF
COUNTY OFCL
On this day of , 20 before me, the undersigned notary public, by means of
❑ physical presence or ❑ online notarization on (date)
personally appeared known to me to be the person whose
name is subscribed above or who produced as identification, and
acknowledged that he/she is the person who executed the above Local Preference Form for the
purposes therein contained.
Notary Public
Print Name
My commission expires: Seal
54
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