The URL can be used to link to this page

Agenda 05/08/2018 Item #16K105/08/2018 EXECUTIVE SUMMARY Recommendation to award contract #18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc., and to accept the exemption of competition. OBJECTIVE: To ensure the availability of court reporting services including recording and transcription of depositions, meeting minutes, testimony for court hearings and other similar services. CONSIDERATIONS: The County, including the County Attorney’s Office, uses court reporting services for multiple purposes including to transcribe depositions, trials, arbitrations, and administrative proceedings. Court reporting services are also used for advisory committee meeting minutes including the Collier County Planning Commission. Court reporting services sometimes also include videotaping services. The County posted Invitation to Bid (ITB)# 18-7302 on February 6, 2018. The County distributed 1,770 email notices to potential vendors, thirty-eight (38) solicitation packages were downloaded, and staff received only one (1) proposal from U.S. Legal Support, Inc. (“U.S. Legal”) by the March 7, 2018 deadline. Because U.S. Legal’s proposal did not provide all the documentation required by the solicitation, however, Procurement staff determined the proposal as non-responsive. U.S. Legal Support, Inc., is currently under contract with the County and has provided satisfactory court reporting services to the County for several years. Notwithstanding the technical deficiency with U.S. Legal’s submission, Collier County Procurement Ordinance No. 2017-08, as amended, allows for an exemption from the competitive process for legal services at Section 8, subsection 7, which includes: “. . . retaining services of law firms or other outside counsel for any reason, expert witnesses, court reporter services, appraisal services, trial consultants or similar persons or firms deemed by the Collier County Attorney as necessary to address the legal needs of Collier County, together with document management and production, legal research, and information technology products and services. Based upon the exhaustive attempt to reach out to a large number of qualified vendors and U.S. Legal’s prior history of providing satisfactory court reporter services to the County, the Procurement staff determined that it is in the best interest of the County to exercise the exemption so as to maintain uninterrupted legal services. Therefore, staff recommends that the Board accept the recommended exemption from competition and authorize its Chairman to execute the attached court reporter general service agreement. FISCAL IMPACT: Funds for these services shall come from each individual using department’s budget as services are required. Historically, the County has been an average of $44,000 annually, GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board of County Commissioners award contract #18-7343-WV - “Court Reporting Services” to U.S. Legal Support, Inc., authorize the Chair to execute the contract and 16.K.1 Packet Pg. 1104 05/08/2018 accept the waiver of exemption. Prepared by: Scott R. Teach, Deputy County Attorney ATTACHMENT(S) 1. Agreement #18-7343-WV (PDF) 2. Exemption 167 - US Legal Support (PDF) 16.K.1 Packet Pg. 1105 05/08/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1 Doc ID: 5424 Item Summary: Recommendation to award contract #18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc., and to accept the exemption of competition. Meeting Date: 05/08/2018 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 04/19/2018 2:56 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 04/19/2018 2:56 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 04/19/2018 3:20 PM Procurement Services Ted Coyman Additional Reviewer Completed 04/23/2018 3:23 PM Procurement Services Sara Schneeberger Additional Reviewer Completed 04/23/2018 3:38 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/24/2018 4:03 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/24/2018 4:28 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/25/2018 10:30 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 04/25/2018 10:35 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/01/2018 9:45 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/08/2018 9:00 AM 16.K.1 Packet Pg. 1106 G EHER.AL SERVTC E AGREEMEHT {NON€OLICf TATION} # 18-7343-\ ru ET COURT REPORTING THIS AGREEII|Ei{T, made and entered into on this: day ol Z0_, by and between U.S. Legal$upporl, lnc. - , aulhorized to do business in the Staie of Florida, whcEe business address is 363 North Sam Hou$ (the "Contractor") and Collier Coun$, a politicalsubdivision of tfre State ef Florida, (the "Countt''): WITilE$$ETH: 1.G-j year period, and terminating on three (3 ) yea(s) from thatdate or untilalloutstanding Purchase Orde(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditians conlained in this Agreement fortwg {2 } additional one (l-*} year(s) periods. The coung shail give the Contractor written notice of the County's intention to renew the Agreement tenn prior to the end of the Agreement tenn then in effect. The Coun$ Manager, or his designee, rnay, at his discretion, extend the Agreement under all of the terms and canditions mntained in this Agreernent for up to one hundred and eighty (180) days. The Coun$ Manager, or his designee, shallgive the Contractor written notice of the County's intention to extend the Agreement tenn prior to the end of the Agreernent term then in effecl. The Contractor shall commence the work upon Notice to Proceed, 3. $TATEMENT Of WORK. The Contractor, as a f]sole souroe, f, single sorrrce, an m exernption and shall provide/purchase cou$ reporting seryices including recording and* transcription of depositions, eeeJing minutes, testirnony for court hearings. etc. in accordance wtth [!] the terms and conditions of this Agreement ffi Exhibit A : Scope of Services, attached to this Agreement f, fxninit A - Scope of Services, attached to this A9REEIIIENTJERM. The Agreement shall be for 4 llree commencing [] upon the date of Board approval or I on _ 2. Agreement and Contractor's proposalrefened to herein and made an integral part of this Agreernent. Purchase Order Pagc I oflT Ccrrcral $ervic& Agrccmcnl Nor-$olicituion #201 ?-0{X tV*. t t {S 16.K.1.a Packet Pg. 1107 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) 3'1 This Agreement contains the entire understanding between the parties and anymodificalions to this Agreement shall be mutually agreedi.rpon in writing by the pa*ies, in compliance wilh the County's Procurement Ordinince, as amended, and procurernent Procedures in effect at the time such services are authorized" 3.2 The execution of this Agreement shall not be a commitment to the Contractor toorder any minimum or maxirnum amount, The County shalt crder itemslservices asrequired but makes no guarantee as to the quantity, number, type or distribution ofitems/services that will be ordered or required uy tnis Agree*eni. '' 4. THE AGREEMENT SUM. I ffre County shall pay the Contractor for the penformance of this Agreement anestimated maximum amount of tq \ per County fiscal year, based o 'i;=.n"ad, attached hereto and the price methodology as drfined in Section 4.,1. paymentwill bemade upon receipt o1 a proper invoice and upon approval by the County's ContractAdministrative Agent/Project Manager, and in compliance with bhapter 21s, Fla. Stats.,othenruise known as the "Local Govlrnrnent prompi payment Acl,,. F. T.n." loryty shall pay the Contractor for the performance of this Agreement based onExhibit B' Fee $chedule, attached hereto and the price methoOoiogy as defined insection 4.1 . Payment will be made upon receipt of a proper invoice an-d ,pon approval !y the CqultY's Contract Administrative AgenUi:roject'Manager, and in comptiance withChapter 218, Fla' Stats., otherwise knowias lhe""Local Goirernment prompt paymenl Act". U rfre County shall pay the Contractor for the performance of this Agreement anestimated maximum amounl o{ /q \ per County fiscat year, based o ilAilp7#jgffered by the Contractot in response to a specific Request for euotation and pursuant toPrice Methodology in section 4.1. Payment will be made upon receipt of a proper invoiceand upon approval by the County's Contract Administrafivb *genUnoi"rt'fr/unrg"r, "ndin compliance with Chapter 218, Fla, $tats., olhenuise known as the .,Local GovernmentPrompt Payment Act". 4.1 Price ltdethodology (as selected below): I Uurnp Sum (Fixed Price]: A firm fixed total price offering for a project; the risks aretransferred from the County to the contractor; and, as a buiiness pr"iti.* there are nohourly or material invoices presented, rather, tire contractor must perform to thesatisfaction of the County's project rnanager before payment for the fixed price contractis authorized. ffi time and Materials: The County agrees to pay the contractor for the amount of labortime spent by the contractor's employees and subc6ntractors to perform the work (number Cien$al Servicc A grfeinenr Ncn-Sol rrr[at Lon rl ]0 I ?.(]04, U"r& Page2ofl7 16.K.1.a Packet Pg. 1108 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) of hours times hourly rate), and for materials and equipment used in the project {cost ofmaterials plus the co.ntractor$ markup). This methoobtigy is generalty;ed ii pro.i"cts inwhich it is nol possible to accurately estimate the siae otitie pioject, oiwhen it is eipectedthat the project requirements would most likely change. As a general business practice,these contracts inctude back-up documentation of cists; invoices would include numberof hours worked and billing rate by- position (and not company (or subcontractor)timekeeping. or payroll records), mateiial or equipment invoices, and other reimbursabledocumenlation for the project. I unit Price: The County agrees lo pay a firm total fixed price (inclusive of all coets,including labor, materials, equiprnent, overhead, etc.) for a repetitive product or servicedelivered (i.e, installation price per ton, delivery price per paciage or carton, etc.). Theinvoice must identify_ the unil price and the nurnber of units ieceived (no contractorinventory or cost verificalion). 4'2 Any CounlV ry9ncy may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payrnents will be made for services furnished, delivered, and accepted, uponreceipt and approval of invoices submitted on the date of services or within six io; monthsafter completion of the Agreement. Any untimely submission of invoices beyond thespecified deadline P€loj is subject to non-payment under the legal doctrine of *laches,, as untimely submitled. Time shall be deerned of the essence wiih respect to the timelysubmission of invoices under this Agreement. 4,4 [ Travel and ReimbursablE Expenees: Travel and Reimbursable Exprnsesmust be approved in advance in writing by the Coung. Travel expenses shall bereimbursed as per $ection 112.061 Fla. Stats. Reimbu sharsements Il be at the rates: Mileage $q.44.8 per mite Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to touiist or coach class fare Rentalcar Actual rental co@ st?ndard-size veh icles Lodging Actualcost of lodging at sing6-Gupanc[raG With a ccn nf nn ffrnre ihen rl,'t (n nn nar aialrr Parkinq Actuat qg$t of parking fgxr or Airport Limousine {clual cpst oleither taxi or rft;rilimAusine Reimbursable items other than travel expen$es shall be limited to the following: telephonelong-distance charges, fax charges, photocopying cnarges and postage. R?imbursableitems will be paid only after Contractor has'froiiceo iti receipts. clntractor shall be $enerat Seryice Agrcrmenr Non-soliciuarion rz0t 7-004 (yer& Page 3 ol l7 16.K.1.a Packet Pg. 1109 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) 5. o. responsible for all other costs and expenses associated with activities and sollcitations undertaken pursuant to this Agreement. SAI.ES I.AX. Contractor shall pay all sales, con$um*r, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier Coun$, Florida as a political subdivision of the $tate of Florida, iE exempt from the payment of Ftorida sales tax to its vendors under Chapter 21?, Florida Statutes, Certificate of Exemption # 85-8015900531C. N9TIC?$. All notices from the County to the Contractor shall be deemed duiy served if mailed or emailed to the Contractor at the fbllowing: Company Name: Address: Authorized Agent: Attention Name & Title: Telephone; E-Mail{s): U. S, Legal Support, lnc. 363 North Sam Houston Parkwav, $uite 1200 Aorlando@uslegalsupport.com All Notices from the Contractor to the County shetl be deemed duly served if mailed or emailed to the Coung to: Board of County Commissioners for Collier County, Florida Division Director: Division Name: Address: Ad min istrative AgenUPM : Telephone: E-Mail(s): Jeffrey A. Klatzksw The Contractor and the Coun$ may change the above mailing address at any time upon giving the other party written notification, All notices under ihis Agreement-must be in writing. NO PA8THFR$Hlp. Nothing herein contained shallcreate or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor a$ an agent of the County. PERMIT9;,!-!$ENSES:.'IAXH$. ln compliance with Section 218.80, F.S., att permits necessary for the prosecution of the Work shall be obtained by the Csntractor, The Coung will not be obligated to pay for any pennits obtained by $ubcontractors. Houslon, TX 77060 AprilOrlando 447-924-5716 County Attorney's Offi?e 329$ East Tamiami Trail, $uite 800 leborah D. Allen, Legal Office Administrator 239-252-8400 Debbie.Al 7. L Page { of l7 Ceneral $crviee Agreemmt l.lon-Soliciration #201?-00,1 (Ver. I ) 16.K.1.a Packet Pg. 1110 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) g. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits ilecessary for the prosecutlon of the Work shall be procured and paid fbr by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. ln addition, the Contractor shall comply with all rules, regulations and laws of Collier Coung, the $tate of Florida, or the U. $. Government now in force or hereafler adopted. The Contractor agrees to cornply with alllaws governing the responsibilig of an employerwith respect to persons employed by the Contracior. NO IMPROPER Utq. The Contractor will not u$e, nor suffer or permit any percon to use in any manner whatsoever, County facilities for any improper, immoral or offenslve purpose, or for any purpose in violation of any federal, state, coun$ or municipal ordinance, rule, order or regulalion, or of any governrnental rule or regulation now in effect or hereafter enacted or adopted. ln the event of sush violation by the Contractor or if the Coun$ or its authorized representiative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor, $hould the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (241hours after receiving notice of such violation, conduct, or practice, such suspension to continue until lhe violation is cured. The Contractor further agrees not lo commence operation during the suspension period until the violation has been correcied to the satisfaction of the County. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County aB per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written nolice. The County shall be the sole judge of non-performance, ln the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination, The Contractor shall not be entitled to any other or further recovery against the County, including, but not timited to, any damages or any anticipated profit on portions of the services not perforrned. NO Dl$$nl[t'tlNATlOS. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or nationalorigin. INSURANCE. The Contractor shallprovide insurance as follows: A. m Cofnlnercial General ,LiFlility: Coverage shall have rninimum limits of $ 1,00qr000 Per Occurrence, $2,000,000 aggregate for Bodily lnjury Liability and Property Damage Liability. This shall include Prernises and Operations; lndependent Contractors; Products and Completed Operations and Contractual Liability. B. m Busins$s Autp Ll,flblll,tvj Coverage shsll have minimum limits of $ 1.000,000 Per Occurrence, Combined $ingle Limit for Bodily lnjury Liability and 10. 11. 12, Page 5 oflT Ccner*l $ervicc Agresmert Non-Solicitatio,n #?01?-ff)4 (Ver. I )& 16.K.1.a Packet Pg. 1111 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ffi Woffgre' Comoensation: lnsurance covering all employees meeting Statutory Limits in compliance with lhe applicable slate and federal laws. The coverage must include Employera' Liability with a minimum limit of $ 100,000 for each aecident. D. m ProfeEslpfl,$l LiaFilitv; Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractorwaives its right of recovery against Coun$ as to any claims under this insurance. $uch insurance shall have limits of not less than $ 1,000,000 each claim and aggregate" E.fCvberLlabilitv:Coverageshallhaveminimumlimitsof$-percla1m" f . [ : Coverage shall have minimum timits of $ per claim. $necial Roguirements: Collier County Board of County Commissioners, OR, Board of Coung Commissioners in Collier Coung, OR, Collier Coung Government shall be listed as the Certificate Holder and included as an "Additional lnsur€d" on the lnsurance Certificate for eommercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional lnsured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies nreeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellalion, non-renewal or malerial change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. ' Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contraclor is required to meet, 13. INDEMNIFICATION. To the maximum Extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its oflicers and employees from any and all liabilities, damages, tosses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, Page 6 of l? Oenwal licrvige Agrr6ment Non-SoliciBtioI ri20I ?'00a (Vcr, I )& 16.K.1.a Packet Pg. 1112 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) 14, property damage, direct or consequ*ntial damages, or economic lssg, to the extent taused- by the negligence, recklessne$s, or intentionally wrongful conduct of the Contractoi or anyonl imployed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge- or reluce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.'l The duty to defend under this Article 13 is independent and separate from the duty to indemnify, anO tne duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The du$ to defend arises immediately upon pres"ntation of i claim by any party and written notice of such claim being provided to bontractor. Contractor's obligation to indemnifo and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by finaljudgment that an action against the County or an indemnified pa(y for the matter indemnified hereunder is fully and finally barred by the applicable slatute of limitations. . This Agreement shall be administered on behalf of ntv Attornev's Office 15. CONFLICT OF INTEBE-$?" Contractor represents that it presently hes no interest and @erdirectorindirect,whichwouldconfIictinanymannerwith the performance of services required hereunder. Contractor further represents that no persons having any such interest shallbe employed to perform those services. 16,COMPOUENT ?ARL$ pF THI$ AGREE*IEI{T. ThisAgreementconsists of the following ai futly a part of the Agreement as if herein set out verbatim: il Contracto/s Proposal, f, Insurance Certificate(s), E Exhibit A Scope of $;il;;;, B ixninit B Fee $chidule, n subsequent. quotes, and n other '18. 19. ExhibiUAttachment: 17. APPLICAB-JLITY. $ections corresponding to any checked box (I) expressly apply to the terms of this Agreement. SUBJECT TO APPROPRfATIOI{. lt is further understood and agreed !V and between @AgreementissubjecttoappropriationbytheBoardofCounty Commissioners. pRoHtBfTfoN or GFT$ TO COUNTY EIiP!?OYEHS, No organization or indivldual ilyorindirectly,anyfavor,gift,loan,fee,seryiceorother item of value to any County employee, as set forlh in Chapter 112, Part lll, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedurb 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from conlact with County staff for a specified period of time; b. Prohibition by the Page ? of l?- SentralServiceAg;cemenrNon-$olicilsiion#?017-004tVuf) ffi 16.K.1.a Packet Pg. 1113 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) indlvidual and/or firm from doing business with the County for a specified period of tirne, including but not limited to: submitting bids, RFP, and/or quote$; and, c. immediate termination of any Agreement held by the individual and/or firm for cau$e. 20. Cq!{qLl4NCE WITH L},W$. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rilles, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the lmrnigration Reform and ControlAct of 't986 as located at I U.$.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida $tatutes, and the Florida Public Records Law Chapter 1 19, including specifically thcse contractual requirements at F.S. $ I'19.0701{zXa)-(b} as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF OHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDT PUBLIC RECORDT RELATING TO THIS CONTRACT, CONTACT THE CU$TOUIAN OF PUBLIC RECORDS AT: Comrnunication and Customer Relations Division 3299 Tamiaml Trail East, $uite 102 Naples, FL 34112-5746 Telephono: (239) 25?-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perfonn the service.2. Upon requesl from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed lhe cost provided in this chapter or as othenvise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public recordg 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 public agency.4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. lf the Contraclor transfers all public records to the public agency upon completion of the contract, the Coniractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. lf the Contractor keeps and maintains public records upon completion of the contract, .l) & Page 8 of 17 Cencral Scrvitc Agre€ment Nsn-Solitiution f?0 I 7-004 (Ycr 16.K.1.a Packet Pg. 1114 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) 21. 22. the Gontractor shall meet all applicable requirements for retaining public records. AII records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. lf Contractor obsarves that the Contract Documents are at variance therewith, it shall prornptly notify the Coun$ in writing. Failure by the eontractor to comply with the laws referenced herein shall conslitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. OFFER EXTENDED TO QTHER GOYERNM.ENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terrns and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. PAYMENT$ WITIIHELO. The County may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contraetor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party ctraims failed or rea$onable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be campleted for the unpaid balance of the Contract Amount; (e) reasonable indicalion that the Work will not be completed within the Contract Time; ($ unsatisfactory prosecution of the Wo* by the Contractor; or (g) any olher material breach of the Contraot Documents. lf any conditions described above are not remedied or removed, the Coung may, afler three {3} days written notice, rectify the same at Contracto/s expense, The County also may offset against any $ums due Contractor the arvlount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the Coung. I CleeN Up. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave lhe Project site clean. $TANOARDS OF CONDUCT: PROJET UlAl'lASER. $UPEBVI$OR. EtulPLoYEE$, The Contractor shall employ people to work on County pmjects who are neat, clean, wellgroomed and courtsous. Subject to the American with Disabilities Act, Contractor shatl supply competent employees who are physically capable of performing their employment duties. The Coun$ may require the Contractor to remove an employee it 23, 24. Page 9 of l?- Ccneml Seruice A$reemalt Non-$olicitrtion fl0l?-004 ,Urr.,& 16.K.1.a Packet Pg. 1115 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) 25. deems careless, incornpetent, insubordinate or othenrise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. n }I.YARRAHIY. Contrastor expre$$ly warrants that the goods, materials and/or iquiprnent covered by this Agreement will conform to the requirernents as specified, and witt tie of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third par$. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, pa$sage of title and payment by the County. Contractor further warrants to the County that all material$ and equipment furnished under the Contract Documents shall be applied, installed, connectsd, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. lf, within one (1) year afterfinal ccmpletion, anyWork is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County, Contractor shallalso be responsible for and pay for replacement or repair of adjacent rnaterials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. f, fgStS lNp tNgpfCfloNg. lf the Contract Documents or any codes, laws, oroi@ofanypublicauthorityhavingjurisdictionovertheProject requires any pcrtion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay allcosts in connection therewith and furnish to the County lhe required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a maniler and by organieations acceptable to the County. [J pnorEcnoH or wonx. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made, lf Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the saffre, end any monies necestary to replace such loss or damage shall be deducted from any amounts due Contractor. B" Contractor shall not load nor permtt any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. lf Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the 0ounty's benchmarks, Contractor shall Pagc l0 oflT Ocneral Ssrvicc Agrcemenl Non'Solicitalion f20l 7404 (Ver. I I zo" 27. 16.K.1.a Packet Pg. 1116 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) 28, 29. immediately notify the County. The County shall re-establish the benehrnarks and Contractor shall be liable for all costs incurred by the County sssociated therewith. SUBMITTALS ANq .SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. gHAllgF$ lN THE WO.RK, The County shall have the right at any time during the progress of the Work to inoease or decreage the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such rnodification. No officer, employee or agent of the County is authorized to direct any extra or changed worl orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such rnodifications are authorized. AGREEMENT TERMS. lf any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. ADDITIONAIITEI1IISI$EByICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procu rement Procedures, DISpUTE RE$OLI TION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes behreen the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation, The negotiation shall be attended by representatives of Contractor with full decision-making authority and by Coun$'s staff person who would rnake the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the cornmencement of depositions in any titigation between the parties arising out sf thi$ Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representalives of Contractor with full decision-making authority and by Coun$'s staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party failto submit to mediation as required hereunder, the other pafiy may obtain a court order requiring mediation under section 44.1A2, FIa. Stat" VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on allsuch matters. I Xfy pfnSgryUeU. The Contracto/s personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed neces$ary to ensure that competent 30" 31. 32. 33. 34. Page lt ofl? @ Gcncrsl Servicr *gtsemfir Non-Solicirntiofl #201 7'0O4 lVcr I ) 16.K.1.a Packet Pg. 1117 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) 35. per$ons will be utilized in the pedormance of the Agreement" The Contractor shall assign as many people a$ nece$sary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless lhe following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience, (2) that the County is notified in writing as far in advance as possible, The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. ffi nGne rfiarNr srarqtNe . The contractor's personneland management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County re$eryes the right to perform investigations as may be deemed necessary to ensure that competent pertons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required se rvices on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. ffi Onpen Of pRECEDENCE. ln the event of any conflict belween or among the terms of any of the Contract Documents, the terms of solicitalion the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n o.RoER OF PRECEDENCE (qrant Fundgd), ln the event of any conflict between or among the terrns of any of the Conlract Documents andlor the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Docurnents, except the terms of any Supplemental Conditions shall take precedence over lhe Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shatl be resolved by imposing the more strlct or coslly obligation under the Contract Documents upon the Contractor at County'a diseretion. ASSIGNMENT. Contractor shall not assign this Agreemsilt or any part thereof, without the prior consent in writing of the County, Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. lf Contractor doe$, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward lhe County. SECURITI, The Contractor is required to comply with County Ordinance 2004-52, as amended. Baekground checks are valid for five {5) years and the Contractor shall be responsible for all associated costs, lf required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may inglude, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to JO" 37. Page ltof t7 Generul scrviee j\greemenll.,ron-solicir{rionf20l7"001 tvcr.rr 6} 16.K.1.a Packet Pg. 1118 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) maintain records on each ernployee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government ldentification badges at all times while perfomring services on County facilities and properties. Contractor lD badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. Alltechnicians shall have on their shirts the name of the contractor's business. The Contractor ehall immediately noli$ the Collier Coung Facilities Management Division via e-mail (Dl-FM0P$@colliergov.net) whenever an employee assigned to Collier County separates from their employment, This notification is critical to ensure the continued security of Collier County facilities and syaterns. Failure to notiff within four (4) hours of separation may result in a deduction of $500 per incident. 38. I SAf gfy. All Contractors and subcontractors performing seruice for Collier Coung are required and shallcomply with allOccupationalSafety and Health Administration (O$HA), State and County $afety and Occupational Health $tandards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responslble for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any per$ons or property within and around the work site. Collier County Governrnent ha* aulhorieed the Occupational Safety and Health Administration (O$HA) to enter any Collier Coung Facility, property andlor right-of-way for the purpose of inspection of any Contracto/s work operations. This provlsion is non- negotiable by any division/department andlor Contractor. All applicable OSHA inspection criteria apply as well as all Contractor righte , with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Cotlier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Oivision $afety Manager and/or Safety Engineer. (lntentionally left blank -srgnafure page to foltow) Page t3 of 17 ,rf\,- eener$t Scrvie{ Agreemsnt Non-$oliriurion #2017-004 rv*. ' l(Q{d 16.K.1.a Packet Pg. 1119 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) lN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (sEAL) Contractor's Witnesses: &*/*-*" ctor's First Witness BOARD OF COUNTY COMMIS$IONERS COLTIER COUNTY, FLORIDA Andv Solis, Esq., Chairman U.S. Legal Support, lnc Contractor By: . . Sionature{( [t tru s. E fitrt-+ , Vf e e f0Ly N{1} t$trt*od tType/print signature and titlet tType/print witness namet Approved as to Form and Legality: County Attorney Print Name tType/print witness nameT -&.^'* b *S^^^*}. Page l.l ol l7 Oencral Servrce Agreement Non-Solicitation #?017-00.1 (Vcr. I ) 16.K.1.a Packet Pg. 1120 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) Exhibit A $cope of El Services following this page (pages I through I ) f tnis exhibit is not applicable Page 15 of l7 Oenerol Servicr Asf,ccmfi t Non-Sol rc rtatron f 2U I 7-fiX, "(;} 16.K.1.a Packet Pg. 1121 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) SCOPE OF SERVICES Services may also include transcription in all forms, whether it be live lestimony, video testimony, audio-taped testimony, or other format and marking of exhibits. Additionally, the successful proposer$ should be able to provide acoess to video services for depositions and related matters. Contractor(s) shall provide Court Reporting Services as needed for Collier County with the following minimum requirernents: 1. All persons performing Court Reporting Services shall be certified Court Reporters as per the requirements of the State of Florida. Copies of such certifications shall be submitted with the proposal documents. 2. This contract shall require availability of the Court Reporter(s) during the hours of 8:00 a.m" and 5:30 p.m. Monday through Friday, $hould there be a requirement for a Court Reporter during times other than these hours such as evenings and/or weekends, the additional cost, if any, of such eervices shall be ldentified in the Fee Proposal. 3. Selected firms must provide transcripts in both hard copy fonnat and via email. 4. The County reserves the right to order such servicer as may be required during said period, but does not guarantee any rninimum or maximum to be ordered during the period specified. The Coun$ shall make every effort to utilize the firms on the resultant contract for all work performed within Collier County, however, the County re$erues the right to use alternate firms in the event unforeseen circumstances arige. Likewise, the County may engage other firms as required for services outside of Collier County or outside of the State of Florida. 16.K.1.a Packet Pg. 1122 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) Exhibit B Fee $chedule H following this page (pages I through I ) I tnis exhibit is not applicable Page l6 of I7 Orocral Servicc Arxceffirnr Non-Soliciudon fl0t7-004 (Ver, t ) SR 16.K.1.a Packet Pg. 1123 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) Fee Proposal Pricing shall be inclusive of all costs and shall be full compensation for all services, labor, tools, equipment, local travel (wilhin Lee and Collier County) and any other items required for project completion and/or completion of services. Travel expense$ outside of l-ee and Collier Coung shall be reimbursed as per Section 112.061 Fla, Stats. Fees for other services may be listed by firms in addition to the categories below. Expedited turnaround time isffi oays Court Ranortins Services RatelFes $tandard rate per hour Monday through Friday, 8:00 a.m. to 5:30 p.m. $ 75.00 After hours rate per hour if different from standard rate (example: nights, weekends, hours outside those lieted above) $95.00 Appearance fee (first hour rate if anplicable) $75.00-first hour $55,00- each additional hour Transcript fee {oer paqe)$4.00 Expedited transcript fee (if applicable)10olo-9 day expedite lAAo/o-1dav exoedite Additional Services RatelFss Videotaping-$tandard rale per hour Monday throush Friday. 8:00 a.m. to 5:30 o.m. $200-first hour $95.O0-each additional hour Afrer houre rate per hour if different from standard rate (example: nights, weekends, hours outside those listed above) $200-first hour $95.O0-each additional hour Cost for digital formattins of transcriots $0 Expedited Video Turnaround s75.00 16.K.1.a Packet Pg. 1124 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) Other ExhibiUAttachment Description: fl following this page (page$ _ through ) E ttris exhibit is not applicable Page l7 of l7 ceneral servicc Agrermcnt Non-solieitarion#?017-004,o*,, & 16.K.1.a Packet Pg. 1125 Attachment: Agreement #18-7343-WV (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.) Instructions 7KHIROORZLQJSURFXUHPHQWFDWHJRULHVPD\EHHOLJLEOHIRUH[HPSWLRQIURPWKHFRPSHWLWLYHSURFHVVEDVHGXSRQWKHGHWHUPLQDWLRQ RIWKH&RXQW\PDQDJHURU'HVLJQHHWKDWDSSURYDORIVXFKDQH[HPSWLRQLVLQWKHEHVWLQWHUHVWRIWKH&RXQW\ 3XUFKDVHVJUHDWHUWKDQ ZLOO UHTXLUHILQDODSSURYDOE\ WKH %RDUG RI&RXQW\&RPPLVVLRQHUV Requester Name:Vendor Name: Division:Item / Service: Budget Year:Anticipated Cost per Fiscal Year: One time purchase:Multiple Purchases:5HTXHVWHG'DWH5DQJHBBBBBBBBBBBBBBBBBBBBBBB *RYHUQPHQW$JHQF\1RQ 3URILW 5HJLVWUDWLRQVGXHV WUDLQLQJ 6XEVFULSWLRQVSHULRGLFDOV SULQWHGPDWHULDOV $GYHUWLVHPHQWV 8WLOLW\VHUYLFHV±VXEMHFW WRJRYHUQPHQWFRQWURO (GXFDWLRQDFDGHPLF SURJUDPVWUDLQHUVVSHDNHUV /HJDOVHUYLFHV3XUFKDVHVUHTXLUHGE\ JUDQWVJLIWV &RPSDWLELOLW\SURSULHWDU\ ZLWKFXUUHQWV\VWHPV 6KRSHVWLPDWHVRQ GLVDVVHPEOHGHTXLSPHQW 3HUVRQQHOUHFUXLWPHQW VHUYLFHV :RUNVRIDUWIRUSXEOLF GLVSOD\ 'LUHFWSXUFKDVHV)LQDQFLDOLQVWUXPHQWV(QWHUWDLQPHQWVHUYLFHV IRU&RXQW\VSRQVRUHGHYHQWV 0DQDJHPHQWVWXGLHVDV GLUHFWHGE\&RXQW\0DQDJHU 5HVROXWLRQ%&&GLUHFWLRQ,QGLFDWHUHVROXWLRQQXPEHUDQGDSSURYDOGDWH Description of Purchase:Enter a description of the item(s) items that will be purchased under this exemption. Purpose:Describe in detail, the purpose of the requested item(s). 5HTXHVWHGE\ 6LJQDWXUH 'DWH 'LYLVLRQ'LUHFWRU 6LJQDWXUH 'DWH 3URFXUHPHQW6WUDWHJLVW 6LJQDWXUH 'DWH 3URFXUHPHQW'LUHFWRU RUGHVLJQHH 6LJQDWXUH 'DWH )RU3URFXUHPHQW8VH2QO\ 2QHWLPHDSSURYDO2QH\HDUDSSURYDO0XOWL<HDU$SSURYDO6WDUWBBBBBBBBBBBB(QGBBBBBBBBBBBB Exemptions from the Competitive Process Jeffrey A. Klatzkow US Legal Support, Inc. County Attorney Court Reporting Services 2018 - 2023 average $44,000 April, 2018 - April 2023 Court Reporting Services Provide court reporting services for legal proceedings (deposition, hearings, trials, etc.), advisory board meetings, hearing examiner meetings, etc. Jeffrey A. Klatzkow KlatzkowJeff Digitally signed by KlatzkowJeff Date: 2018.04.03 11:00:58 -04'00' Sara Schneeberger saraschneeberger @colliergov.net Digitally signed by saraschneeberger@colliergov.net DN: cn=saraschneeberger@colliergov.net Date: 2018.04.04 14:24:10 -04'00' Catherine Bigelow Cat Bigelow Digitally signed by Cat Bigelow DN: cn=Cat Bigelow, o=Collier County Government, ou=Procurement Services, email=catherinebigelow@colliergov.net, c=US Date: 2018.04.05 16:14:58 -04'00' 4/1/2018 4/1/2023 16.K.1.b Packet Pg. 1126 Attachment: Exemption 167 - US Legal Support (5424 : Award contract # 18-7343-WV “Court Reporting Services” to U.S. Legal Support, Inc.)