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Item U7 AUG-14-03 10,21 FROM,MONROE COUNTY ATTV OFFICE 10,3052923516 PAGE 1/2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: AU(~ust 20. 2003 Division: Cou nty Attornev Bulk Item: Yes No AGENDA ITEM WORDING: Request Approval to advertise Request For Qualifications for contract for Misdemeanor Probation Services and DUI Services. ITEM BACKGROUND: The existing contract expires December 9, 2003. The Court Administrator and Administrative Judge of the County Court have requested that an RfQ be issued In order to determine the qualifications of entitles interested in contracting for these services. State law requires that if a private entity provides the services, the contract shall be between that entity and the County. PREVIOUS RELEVANT Boee ACTION: NIA CONTRACT I AGREEMENT CHANGES: N/A STAFF RECOMMENDAnONS: Approval. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: -0- SOURCE OF FUNDS:_Probationers REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH_ Year_ APPROVED BY:County Atty _OMB/Purchasing _Risk Management - DIVISION DIRECTOR APPROVAL: ~~ -or . - -7R:- rtblllns DOCUMENTATION: Included To Follow Not Required AGENDA ITEM # U7 AUG-14-03 10,21 FROM,MONROE COUNTY ATTY OFFICE 10,3052923518 PAGE 2/2 NOTICE NOTICE OF CALUNG FOR QUALIFICATIONS NOTICE IS HEREBY GIVEN TO PROSPECTIVE RESPONDENTSJhat on 2003 at :00 AM. The Monroe County Purchasing Office will open sealed responsesJor the following: MISDEMEANOR PROBATION SERVICES Specifications and Bid Documents may be requested from DemandStar by Onvia by calling 1-800-711-1712 or by going to the website wwwdemandstar.com or www.monroecounty-fl.gov. Questions regarding the RFQ should be directed to the Court Administrative Office_by calling 1-305-292-3423. Any addenda to this Request for Qualifications.(RFQ) shall be distributed to vendors on the County's list of distributees for this RFQ. Interested firms and organizations must submit two (2) signed originals of their response in a sealed envelope clearly marked on the outside: "Sealed Response - Misdemeanor Probations Services," addressed and delivered to: Purchasing Office, 1100 Simonton Street, Room 2.213, Key West. Florida 33040 All applications_must be received by the Monroe County Purchasing Office on or before 11 :00 am on (TBA) . Any response which is received by the County Purchasing Department after this date and time shall be automatically rejected. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Section 287.133(3)(d). F.S. (1997). The Board reserves the right to reject any and all qualifications, to waive any informalities or technical irregularities in the responses, and to readvertise for responses. The Board also reserves the right to separately accept or reject any item of response and to award and/or negotiate a contract in the best interest of the County. Dated at Key West, Florida, this _ day of .2003. Monroe County Purchasing Department SECTION ONE INSTRUCTION TO RESPONDENTS 1.01 DESCRIPTION The Respondent awarded a contract shall provide MISDEMEANOR PROBATION SERVICES for the Sixteenth Judicial Circuit for Monroe County as required by Section 948.15, Florida Statutes. The contract will provide for the supervision, rehabilitation and probation services for defendants placed on probation by the County Court of Monroe County. The County and the County Court make no representations as to the number, if any, of cases that may be assigned under the proposed contract. Additionally, the RESPONDENT may be awarded a contract to provide Driver hnprovement Schools and Dill Programs in accordance with Sections 318.1451, and Sections 322.291 through 322.293, Florida Statutes. 1.02 COPIES OF BIDDING DOCUMENTS A. Only complete sets of Bidding Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Bidding Documents may be obtained in the manner and at the location stated in the Notice of Calling for Qualifications. 1.03 PROPOSAL REQUIREMENTS The original response and a duplicate, both marked "Original" and signed, and two (2) copies marked "Copy" [four (4) complete packages] of the proposal setting forth qualifications must be received. 1.04 DISQUALIFICATION OF RESPONDENTS A. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the bidders, the bid or proposals of all participants is such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. (Exhibit A, attached) B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the II threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $10,000.00. (Exhibit B, attached) , C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. (Exhibit C, attached) D. ETHICS FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed Ethics Form (Exhibit D, attached), and submit it with your bid or proposal. 1.05 EXAMINATION OF RFQ DOCUMENTS A. Each RESPONDENT shall carefully examine the RFQ and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the CONTRACTOR will in no way relieve him of the obligations and responsibilities assumed under the contract. In particular, each RESPONDENT shall review all applicable Florida Statutes and Florida Administrative Code Rules and licensing requirements relating to the provision of the services referred to in Section 1.01 above. B. Should a RESPONDENT find discrepancies or ambiguities in, or omissions from, the specifications, or should there be any doubt as to their meaning, the RESPONDENT shall at once notify the COUNTY. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any RESPONDENT as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective RESPONDENTS prior to the established bid opening date. Each RESPONDENT shall acknowledge receipt of such addenda in the space provided therefore in the bid form. In case any RESPONDENT fails to acknowledge receipt of such addenda or addendum, the response will nevertheless be construed as though it had been received and acknowledged and the submission of the 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 RESPONDENT. It is the responsibility of each RESPONDENT to verify receipt of all addenda issued before responses are opened. 12 1.07 GOVERNING LAWS AND REGULATIONS The RESPONDENT is required to be familiar with and shall be responsible for complying with all federal, state, and local laws. ordinances, rules, and regulations that in any manner affect the work. 1.08 PREPARATION OF RESPONSES 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 bid on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of authority to sign the bid must be submitted. The RESPONDENT shall state in the response the name and address of each person interested therein. 1.08.1 SUBMISSION OF RESPONSES A. Two (2) signed originals and two (2) copies of each response shall be submitted. B. The response shall be submitted iq. a sealed envelope, which shall be marked so as to clearly indicate its contents and the name of the RESPONDENT. If forwarded by mail, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Calling for Qualifications, and preferably by special delivery, registered mail; if forwarded otherwise than by mail, it shall be delivered to the same address. Responses will be received until the date and hour stated in the Notice of Calling for Qualifications. C. Each respondent shall submit with the bid the required evidence of qualifications as outlined in Article 1.04, and experience, as outlined in Article 1.09. 1.09 CONTENT OF SUBMISSION The proposal submitted in response to this Request for Qualifications (RFQ) shall be typed on 8- 1/2" x 11" white paper and bound; shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Proposals shall be organized and sections tabbed. The PROPOSER should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each respondent must submit adequate documentation to certify the RESPONDENT'S compliance with the County's requirements. RESPONDENT should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the RESPONDENT'S overall evaluation. 13 The following information, at a minimum, shall be included in the Submittal: A. Cover Pal!e A cover page that states "REQUEST FOR QUALIFICATIONS FOR MISDEMEANOR PROBATION SERVICES." The cover page should contain respondent's name, address, telephone number, and the name of the respondent's contact person. B. Tabbed Sections (Please place tabs on sections as indicated.) Tab 1. Service Areas and Services RESPONDENT shall include a statement of the service areas at which RESPONDENT desires to provide services. Each RESPONDENT must designate at least one of the three service areas as follows: Area I-Key West and Lower Keys (County Courthouse, Key West); Area 2- Middle Keys (Marathon Courthouse); and Area 3-Upper Keys (Plantation Key Courthouse), and for each service area, RESPONDENT must designate the service(s) to be provided, e.g., Misdemeanor Probation Services, Dill Programs, and/or Driver Improvement Schools. Tab 2. Respondent's approach to this project The RESPONDENT shall provide a history of the entity or organization, its mission, and how it sees the mission of the contract to be awarded pursuant to this RFQ process. The RESPONDENT will explain how the RESPONDENT will converge the mission of itself and the mission of the contract, including the RESPONDENT'S philosophy of probation. Tab 3. Narrative Self-Analysis RESPONDENT shall provide a narrative self-analysis of its strengths, weaknesses, and how each will impact the performance of the contract. A copy of the organization's analysis and annual reports for the last two (2) years shall be included in this section. Tab 4. References Each RESPONDENT shall provide at least two (2) references of local government or Court Systems accounts for which the RESPONDENT has provided the same or similar services during the past three (3) years. Each reference shall include, at a minimum: Name and full address of reference organization Name of Chief Judge and/or Court Administrator Contact person for contract Telephone number(s) Date of initiation of contract with reference Brief summary comparing the referenced services to these proposed, services Experience with Florida local government(s) or the Florida Judicial System is preferred. 14 Tab 5. Accounting and bookkeeping procedures RESPONDENT shall describe its procedures for receipt and tracking of all revenue from probationers, including if and how escrow account(s) are maintained and funds disbursed. RESPONDENT shall describe its system to ensure proper checks and balances with regard to all funds handled. If the RESPONDENT has a published Policies and Procedures manual, it should be included in the submittal. RESPONDENT shall state if and how payments by credit card, electronic transfer, or on-line electronic transaction will be handled. Tab 6. Rehabilitative Services RESPONDENT shall provide a listing of rehabilitative and work incentive services, with specific descriptions of treatments and outcomes, that will be offered to the probationers at no or minimal cost. If a cost is involved, identify the total cost to the probationer. Tab 7. Technology RESPONDENT shall describe its use of technology in the office, in the field, and in the court, including the types of technology and how it will be used. RESPONDENT will list any specific hardware and software currently in use or planned for this contract. Tab 8. Transition Plan RESPONDENT shall thoroughly describe the tr~sition plan from the current providers to the RESPONDENT if awarded the contract. Flow charts and schedules may be used. Tab 9. Staffing a) RESPONDENT shall include a list of the proposed staff positions that will provide the work required if awarded this contract. b) List the total number of staff and list the number and type of minorities, using the Federal definitions, included in the staff. Describe the native languages to be used in communicating with probationers. c) Include in the above list the statistics on gender. (How many males/females?) d) Describe the benefits offered to the RESPONDENT'S employees. e) Describe the RESPONDENT'S continuing education program. What is required? What is offered? How is it measured? Who pays for what? f) Describe the RESPONDENT'S hiring procedures. Be specific if the RESPONDENT uses a combination of education and relevant experience. 15 Tab 10. Pending and Past Litigation The RESPONDENT shall describe any pending litigation in which the respondent is involved and a description of all litigation in which the RESPONDENT was involved within the past four (4) years. Tab 11. Monroe County Bid Forms RESPONDENT shall complete and execute the Monroe County Bid Forms specified below and shall include them in the Tab 11 section: Response Form Non-Collusion Affidavit Public Entity Crime Statement Drug Free Workplace Lobbying and Conflict of Interest Clause Copies of all professional, services-related, and occupational licenses, certification, and permits shall also be included in this section. Tab 12. Other Information Provide any additional information which will present evaluators with insight about the qualifications, fitness and abilities ofRESPOND~NT. Tab 13. Optional: DUI Programs and Driver Improvement Schools. Indicate your interest in operating, and provide information in similar fashion to the items tabbed 2 through 10 above regarding your qualifications and experience. 1.10 MODIFICATION OF RESPONSES A. Written modification will be accepted from RESPONDENTS if addressed to the entity and address indicated in the Notice of Calling for Qualifications and received prior to bid due date and time. B. A RESPONDENT may modify a response by electronic communication at any time prior to the scheduled closing time for receipt of responses, provided such electronic communication is received prior to the closing time, and provided further, the COUNTY is satisfied that a written confirmation of the electronic modification over the signature of the RESPONDENT was mailed prior to the closing time. The electronic communication should provide the addition or subtraction or other modification. If written confirmation is not received within two (2) days after the closing time, no consideration will be given to the electronic modification. 16 1.11 RESPONSIBILITY FOR RESPONSE The RESPONDENT is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.12 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened at the appointed time and place stated in the Notice of Calling for Qualifications. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. RESPONDENTS or their authorized agents are invited to be present. 1.13 DETERMINATION OF SUCCESSFUL RESPONDENT The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instruction to RESPONDENTS, and the contract,. documents, may be rejected at the option of the County. 1.14 SELECTION OF CONTRACTOR AND NEGOTIATION OF CONTRACT A. The County reserves the right to negotiate and award separate contracts for each service and each service area and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. If responses are found to be acceptable by the County, written notice will be given to the selected respondent(s) of the award of the contract(s). B. If the award of a contract is annulled, the County may award the contract to another RESPONDENT or the work may be re-advertised or may be performed by other qualified personnel as the County decides. C. A contract will be awarded to the RESPONDENT deemed to provide the services which are in the best interest of the County. D. The County also reserves the right to reject the response of a RESPONDENT who has previously failed to perform properly or to complete contracts of a similar nature on time. E. All responses, including the recommendations of the County Administrator and the County Court Chief Judge will be ranked and will be presented to the Board 17 of County Commissioners of Monroe County, Florida, for directions on contract negotiations. 1.15 CERTIFICATE OF INSURANCE The RESPONDENT to whom a contract is awarded will provide Insurance coverages as indicated in attachments (Section Three). The Contractor shall defend, indemnify and hold harmless the County as outlined on the attached form identified as TCS 1. 1.16 NONDISCRIMINATION No person shall directly or indirectly discriminate against any individual in hiring, classification, grading, discharge, discipline, compensation or other term or condition of employment because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. No employment agency shall directly or indirectly discriminate against any individual in classification, processing, referral or recommendation for employment because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual ori.entation, gender identity or expression, familial status or age. 18 SECTION TWO GENERAL TERMS AND CONDITIONS 2.01 DEFINITIONS Wherever used in these General Conditions or in contract documents the terms below have the meanings indicated which are applicable to both the singular and plural thereof. The use of the terms "he," "him," "himself," or "his" shall refer to male and female persons alike and should not be construed as derogatory or discriminatory to female persons. Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding documents or the contract documents. Bidding Documents - The advertisement or invitation calling for qualifications, instructions, and forms contained in this Request for Qualifications (Response Form, Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause. Drug Free Workplace) and the proposed contract documents (including all addenda issued prior to receipt of responses). Contract Documents - The bid documents, agreement, addenda (which pertain to the contract documents), the Contractor's proposal or response (including documentation accompanying the response and any post-response documentation submitted prior to the notice of award) when attached as an exhibit to the agreement, these General Conditions, together with all amendments, modifications, and supplements. Contract Price - The moneys payable by the County to the Contractor under the contract documents as stated in the agreement. Contract Time - The Contract shall be in force and binding on the County and the Contractor for a period of one (1) year from the effective date of the agreement. Contractor - The person, firm, or corporation with whom the County has entered into the agreement. Effective Date of the Agreement - The date indicated in the agreement on which it becomes effective, but if no such date is indicated it means the date on which the agreement is signed and delivered by the last of the two parties to sign and deliver. Laws and Regulations; Laws or Regulations - Laws, rules, regulations, resolutions, ordinances, codes and/or orders. Notice of Award - The written notice to the apparent successful bidder stating that upon compliance by the apparent successful respondent with the conditions precedent enumerated therein, within the time specified, the County will sign and deliver the agreement. Owner - The Monroe County Board of Commissioners with whom the Contractor has entered into the agreement and for whom the work is to be provided. 19 Respondent - Specifications - Those portions of the contract documents consisting of written technical descriptions of materials and services required under the contract. Written Amendment - A written amendment of the contract documents, signed by the County and the Contractor on or after the effective date of the agreement. 2.02 CONTRACTOR'S RESPONSIBILITIES 2.02.1 Suoervision and Personnel The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract documents. 2.02.2 Parts. Materials. and Eauipment Unless otherwise specified in the contract, the Contractor shall furnish and assume full responsibility for all services, materials, equipment, labor, transportation, machinery, tools, and all other incidentals necessary for the completion ofthe work. 2.02.3 Records The Contractor shall record maintenance activities in a maintenance log, which shall contain all pertinent information. Contractor shall be required to maintain records pertaining to the contract for five (5) years after the termination of the contract. 2.02.4 Taxes The Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by the Contractor in accordance with the laws and regulations of the place of the project which are applicable during the performance ofthe work. 2.02.5 Safetvand Security The Contractor shall be responsible for initiating, maintaining, and supervising all safety and security precautions and programs in connection with the work. 2.02.6 Comoliance with Laws The Contractor shall comply with all applicable laws and regulations of federal, state and local governments. 20 RESPONSE FORM RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: _ Proposal Form Non-Collusion Affidavit _ Drug Free Workplace Form _ Lobbying and Conflict of Interest Clause _ Insurance Agent's (or Respondent's) Statement (Check mark items above. as a reminder that they are included.) In addition, I have included a current copy of the following professional and occupational licenses: Mailing Address: Telephone: Fax: Date: Signed: Witness: (Seal) (Name) (Title)