FIFTH JUDICIAL CIRCUIT OF FLORIDA SERVING CITRUS, HERNANDO, LAKE, MARION AND SUMTER COUNTIES STENOGRAPHIC COURT REPORTER AND TRANSCRIPTION SERVICES

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1 FIFTH JUDICIAL CIRCUIT OF FLORIDA SERVING CITRUS, HERNANDO, LAKE, MARION AND SUMTER COUNTIES STENOGRAPHIC COURT REPORTER AND TRANSCRIPTION SERVICES INVITATION TO NEGOTIATE (ITN) ITN #09-04 Invitation to Negotiate (ITN) Provision of Stenographic Court Reporting And Transcription Services Fifth Judicial Circuit Court of Florida Marion County Submission Deadline: June 26, 1:00 pm Pre-Proposal Conference: June 16, 9:00 am Marion County Judicial Center 110 N.W. First Avenue, Room 585 Ocala, FL 34475

2 PROVIDE STENOGRAPHIC COURT REPORTING AND TRANSCRIPTION SERVICES FOR MARION COUNTY IN THE FIFTH JUDICIAL CIRCUIT COURT OF FLORIDA 1. BACKGROUND INVITATION TO NEGOTIATE # SPECIFICATIONS The term "court reporting" has a common meaning for most people. "Court reporters" are commonly understood to be operators of stenographic machines. Technological advances, however, have led to the introduction of audio and video recording devices into courtrooms to capture the record. For purposes of this document, use of the term "court reporting" refers to the contemporaneous recording of words and events performed by stenograph reporters and the subsequent conversion of said recordings into written text (transcription). The subject of Court Reporting is generally covered by Rule 2.070, Florida Rules of Judicial Administration. Specifically, Rule 2.070(g) requires the chief judge of each judicial circuit to develop an administrative plan for the provision of court reporting services provided at public expense. The chief judge is also responsible for ensuring that the record of court proceedings and testimony is properly taken and preserved. The funding of court reporting services was traditionally borne by the counties; however, effective July 1, 2004, this became a state obligation. 2. PURPOSE The purpose of this Invitation to Negotiate (ITN) is to solicit proposals in accordance with established purchasing procedures in a competitive process for the acquisition of stenographic court reporting and transcription services funded at public expense for specific court proceedings as delineated in Scope of Work, paragraph 5(b), to convene in Marion County commencing July 1, This ITN is for the provision of contractual services mentioned herein only. 3. INQUIRIES/SCHEDULE a. Any questions or requests for additional information regarding this ITN shall be in writing, directed to the person designated and received no later than five (5) days prior to the pre-proposal conference. David M. Trammell Telephone (352) Court Administrator FAX (352) Fifth Judicial Circuit Marion County Judicial Center 110 N. W. First Avenue, Rm 585 Ocala, Florida 34475

3 b. Any clarification or additional information that may substantially affect the outcome of this ITN will be provided in the form of a written addendum. If necessary, clarifications or additional information shall be issued by Court Administration. Unless issued in writing by Court Administration, nothing shall be binding upon this ITN. Schedule of Events Listed below are the dates and times by which stated actions must be taken or completed. If Court Administration determines, in its sole discretion, that it is necessary to change any of these dates and times, it will issue an Addendum to this Proposal. All listed times are Eastern Daylight Savings Time. Advertisement of ITN June 5, 2009 Pre-Proposal Conference June 16, 9:00 am ITN Submission Deadline June 26, 1:00 pm 4. PRE-PROPOSAL CONFERENCE A pre-proposal conference shall be held at 9:00 a.m., June 16, 2009, at the Marion County Judicial Center, 110 N. W. First Avenue, Room 585, Ocala, FL All individuals and/or firms interested in the project are encouraged to attend this preproposal conference to review the requirements of the ITN and to ask questions. 5. SCOPE OF WORK a. The awarded contractor(s) shall provide stenographic court reporting and/or transcription services pursuant to Rule 2.070, Florida Rules of Judicial Administration and the Fifth Judicial Circuit Court Reporting Administrative Order A A, which is available at b. The awarded contractor(s) shall provide stenographic court reporting and/or transcription services as requested in Marion County in the Fifth Judicial Circuit for the following court proceedings: - Circuit Court - All proceedings in capital death penalty cases; - Grand Jury Proceedings; - Other proceedings as directed by the Judiciary or by special request of Court Administration.) c. Proceedings will include scheduled and unscheduled hearings and/or trials and will be held in chambers or courtrooms. Proceedings may include, but are not limited to, jury trials, non-jury trials, arraignments/advisories, pretrial conferences, disposition hearings, sentencing hearings, motion hearings, and all other related matters as required by the Court.

4 d. The awarded contractor(s) shall further provide the following: - Transcripts that comply with all Florida Rules of Court and Administrative Orders prepared from stenographic notes or digital recordings; - Retention of notes, records, and transcripts in accordance with requirements of Rule 2.075(f), Florida Rules of Judicial Administration; - A verbatim record of legal proceedings and accurate transcripts in a format acceptable to the Fifth Judicial Circuit Court and the Florida Supreme Court; - Timely filing and distribution of requested transcripts; - Careful maintenance of files and records; - Any and all other requirements of the ITN and specifications. e. The contractor(s) shall be responsible for ensuring compliance with the State of Florida records laws. The Court shall be the owner of all the records produced for the Court by the contractor(s). It will be the County's responsibility to provide space for the storage of records and notes generated by the contractor(s). The contractor will maintain all records made or received in conjunction with the obligations imposed in accordance with Rule 2.240, Florida Rules of Judicial Administration. Additionally, the Contractor shall retain in a secure place the original notes or electronic records of the processing for the duration of time specified in Rule 2.430, Florida Rules of Judicial Administration. f. The proceedings will take place in court facilities located in Ocala. The awarded contractor(s) must be available to arrive at the Marion County Courthouse within thirty (30) minutes after request by any Judge. g. The stenographic court reporter services contract or any portion thereof shall not be assigned, subcontracted, or transferred except as allowed in the ITN specifications, response thereto, and the awarded contract without the prior expressed written consent of the Court. h. The Court in no way implies or guarantees any minimum expenditure as part of the resultant contract. 6. MINIMUM QUALIFICATIONS a. Proposers shall meet the following minimum qualifications: 1. Proposers shall have engaged in the provision of stenographic court reporting and/or transcription services within the counties served by the Fifth Judicial Circuit for a minimum of one year.

5 2. Proposers shall currently employ or contract with, or demonstrate the ability to employ or contract with, enough certified stenographic reporters or certified transcriptionists to adequately service the needs of the Court. 3. Proposers shall currently employ, or demonstrate the ability to employ, at least one experienced real-time stenographic court reporter with related hardware and software to sufficiently meet the requirements of the ADA and who shall obtain CRR certification within twelve months. 4. Proposers shall have the ability to provide transcripts on disks and condensed transcripts. b. Stenographic reporters of proposers shall meet the following minimum qualifications: 1. Shall be Notaries Public; 2. Shall have a minimum of two years of court reporting experience and hold a current certification as a registered professional reporter (RPR) or other higher level certifications from the National Court Reporter's Association, or equivalent. All stenographic reporters shall be governed by certification requirements as may be adopted by the Florida Supreme Court; 3. Shall be capable of translating, editing and producing accurate, typed transcripts as required, assuming full responsibility for technical accuracy. 4. Shall have an extensive knowledge of court practices and procedures; 5. Shall be skilled, knowledgeable, and dedicated to achieving and maintaining a high level of professionalism; 6. Shall be proficient in the English language, legal terminology, court practices and procedures, transcript preparation, and professional responsibility; 7. Shall use steno-machines, provided by the reporters and/or proposers, capable of accommodating computer-aided transcription (CAT); 8. Shall obtain the equivalent of 30 continuing education credits every three years. Reporters shall maintain required certifications. c. Transcriptionists shall meet the following minimum qualifications: 1. A written transcript must be prepared and certified by an impartial transcriptionist who is a member in good standing and holds a current certification through the NCRA, AAERT or NVRA.

6 7. COURT/CONTRACTOR CONTRACTUAL RELATIONSHIP a. The Fifth Judicial Circuit Court reserves the right to award one or more contracts to provide the required services as deemed to be in its best interest. Any awarded contractor(s) shall provide the services required herein strictly under a contractual relationship and is not, nor shall be, construed to be an employee of the Court. As an independent contractor, the awarded contractor(s) shall pay any and all applicable taxes required by law; shall comply with all pertinent Federal, State, and local laws including the Fair Labor Standards Act, The Americans with Disabilities Act, the Federal Civil Rights Act, and any and all relevant employment laws. The contractor(s) shall be responsible for all income taxes, FICA, and any other withholdings from its employees, or subcontractor's wages or salaries. Fringe benefits shall be the responsibility of the contractor(s) including, but not limited to, health and life insurance, mandatory social security, retirement, liability/risk management coverage, and workers and unemployment compensation. b. As an independent contractor, the awarded contractor(s) shall hire, compensate, supervise, and terminate members of its work force. It shall direct and control the manner in which work is performed including conditions under which individual stenographic court reporters will report; when, where, and the manner in which court reporters will report; and the job assignments of individual court reporters. It shall set the hours of work for members of its work force. c. Office space, office furnishings, supplies, or other equipment for purposes of managing contract services or otherwise fulfilling duties pursuant to the scope of work will not be provided. Neither will the Court pay for any business travel, training, or continuing education expenses on behalf of the contractor(s). d. Prior to commencing work, the successful proposer(s) will be required to sign a written contract incorporating the specifications and terms of this Invitation to Negotiate and the response thereto. Any contract awarded as a result of the ITN shall begin on or about July 1, 2009, for a period of one (1) year through June 30, Contract renewal for an additional one-year period shall be allowed upon the mutual consent of the contractor(s) and the Court. The renewal option shall be exercised only if all original contract terms, conditions, and prices remain the same. e. The contractor(s) shall not be exclusively bound to the Court and may provide court reporting services to other private and public entities. 8. CANCELLATION/TERMINATION a. The Court reserves the right to cancel the contract, and all extension or renewals thereof, without cause by giving sixty (60) days written notice to the contractor(s) of the intention to cancel. The contract, and all extensions or renewals thereof, may be canceled for cause at any time if the contractor(s) fails to fulfill or abide by any contract term or condition. Failure of the contractor(s) to comply with any of the

7 provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the sole discretion of the Court. b. In addition to all other legal remedies available, the Court reserves the right to obtain from another source, without competition, any items which have not been delivered pursuant to the terms of the contract. The Court further reserves the right to impose sanctions as provided by law or within the inherent power of the Court. c. Payment for contract services will be made from public funds appropriated for this purpose and shall concur with the fee schedule agreed to by the parties. No additional fees will be paid. The contract may be terminated at any time if appropriated funds are no longer available. The contractor(s) shall submit monthly invoices and required statistical reports no later than the 10 th of each month for services provided during the preceding month. All invoices and statistical reports shall be accompanied by supporting documentation. d. Fiscal Non-Funding Clause: If the State of Florida does not appropriate sufficient funds to sustain either the Court Reporting Program or services for the remainder of this Contract, the Court and/or the State of Florida shall notify the Contractor of such occurrence and this Contract shall terminate pursuant to the terms expressed in said Notice. If no specific date of termination is provided in said Notice, this contract shall terminate on the last day of the current fiscal period without penalty or expense to the Court or the State of Florida. The Court s performance and obligation to pay under this Agreement are contingent upon the availability of funds lawfully appropriated to fulfill the requirements of this Agreement. 9. NONCOMPLIANCE a. A contractor shall be considered in noncompliance with contract terms by failing to: - Accept 100% of court reporting assignments; - Appear at any regularly scheduled or impromptu hearing; - Appear in a timely fashion at any required proceeding; - Provide all required transcripts timely and accurately (not more than one error per ten pages); - Fully comply with any and all conditions set forth in the contract. b. Penalties for noncompliance will be imposed and may include any or all of the following: - Reduction in the amount owed by any amount up to 100%; - Imposition of Court sanctions; - Termination of the contract.

8 10. INSURANCE AND BONDS a. The awarded contractor(s) shall not commence any work in connection with the agreement until obtaining all required insurance. The contractor shall keep all insurance policies current throughout the period of the contract and subsequent renewals thereof. b. The contractor(s) shall immediately report in writing to the Court Administrator, any incident that might reasonably be expected to result in a claim under any of the coverage required herein. c. The contractor(s) shall obtain and maintain Professional Liability Insurance in the amount of $1 million. The Professional Liability Insurance shall include Errors and Omission coverage. 11. INDEMNIFICATION The awarded contractor(s) shall, for the consideration of $10.00, indemnify, pay the cost of defense, including attorney's fees, and hold harmless the Court from all suits, actions, or claims brought on account of any injuries or damages received or sustained by any person(s) or property by or from said contractor or contractor's agents; or in consequence of any neglect in safeguarding the work; or on account of any act of omission and/or neglect, except only such injury or damage as shall have been occasioned by the sole negligence of the Court. Contractor(s) shall pay the cost of defense, including attorney's fees, and indemnify and hold harmless the Court from all suits, actions, or claims of any contractor brought by or on behalf of contractor's employees or subcontractors. In the event legal action is commenced regarding this contract, contractor(s) agrees venue shall be non-jury in the Fifth Judicial Circuit Court of Florida. 12. SUBMITTAL REQUIREMENTS a. Proposals shall be typed on white letter-size paper and each element of the ITN shall be addressed in a clear, concise manner. Each element shall be labeled and indexed. b. One (1) original, marked "ORIGINAL", and four (4) copies, each marked "COPY", are required of each proposal. Proposals shall be submitted as designated herein by the advertised deadline in a sealed package clearly marked on the outside of the package: "ITN 09-04, STENOGRAPHIC COURT REPORTING AND TRANSCRIPTION SERVICES" DUE: 1:00 p.m., June 26, 2009 c. Any proposal received after the advertised deadline will not be considered for award.

9 13. PROPOSAL CONTENT Proposals shall not exceed 25 pages in length, exclusive of required forms or attachments, and contain, at a minimum, the following information: a. Proposer Information: 1. Proposer's official business name, address (both physical and mailing), telephone and fax numbers; type of business such as sole proprietorship, partnership, or corporation, including the state of incorporation; 2. Length of time in business; 3. Location(s) of business operations; 4. Firm's qualifications; 5. Qualifications and experience of corporate officer(s) and/or key personnel; 6. Number and qualifications of court reporter and/or transcriptionist staff; 7. Evidence of meeting qualification requirements set forth herein; b. Statements - Include a statement indicating an understanding of the project and the requirements thereof. c. Technology Plan - Include a description of CAT and other computer equipment used in the performance of duties, including hardware, software, and backup and support services. d. Conflict Disclosure (use attached form) - Include the name(s) of any employee or officer of the Fifth Judicial Circuit Court of Florida who owns, directly or indirectly, an interest of 5% or more in the firm. Also, include the name(s) of any employee, officer, or agent of the firm that has any conflict of interest associated with this project. e. References - Include the name, address, and telephone number of at least three (3) clients for whom similar services are performed.

10 f. Fee Structure (The Court reserves the right to negotiate any or all proposed fees prior to any agreement/award.). Include proposed fees for the following: 1. Appearance Fees for Stenographic Reporters - First hour or fraction thereof - Each additional hour, to be billed rounded to the nearest quarter hour - Each hour before 8:00 AM and after 5:00 PM, weekends and holidays - Charge for no-show or cancellations without 4-hour notice 2. Appearance Fees for Real-Time Stenographic Reporters - First hour or fraction thereof - Each additional hour, to be billed rounded to the nearest quarter hour - Each hour before 8:00 AM and/or after 5:00 PM, weekends and holidays - Charge for no-show or cancellations without 4-hour notice 3. Transcript Fees: a. Standard - From Stenographic Notes - original (plus 1 copy), per page - additional copies, per page b. Expedited - From Stenographic Notes (within 48 hours) - original (plus 1 copy), per page - additional copies, per page c. Daily - From Stenographic Notes (overnight) - original (plus 1 copy), per page - additional copies, per page d. Standard - From Digital Recording - original (plus 1 copy), per page - additional copies, per page e. Expedited - From Digital Recording (within 48 hours) - original (plus 1 copy), per page - additional copies, per page f. Daily - From Digital Recording (overnight) - original (plus 1 copy), per page - additional copies, per page d. Certified Transcript on Computer Disk e. Non-certified Transcript (dirty copy) on Computer Disk

11 14. EVALUATION OF PROPOSALS a. A Review Committee, consisting of Judges and Court Administration staff, will evaluate all proposals. The Review Committee reserves the right to request interviews of any or all respondents as may be necessary toward a fair and equitable proposal evaluation. The Review Committee will make a recommendation for award to the Chief Judge. b. Evaluation criteria will include, but will not be exclusive of, the following: - Proposed costs (35 points) - Availability of a sufficient number of qualified personnel (25 points) - Qualifications of personnel (principals, reporters, support) (20 points) - Technological capabilities and support (15 points) - References (5 points)

12 I HEREBY CERTIFY that Conflict of Interest Disclosure Form 1. I (printed name) am the (title) and the duly authorized representative of (Firm Name) whose address is ;and, 2. I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and, 3. Except as listed, no employee or officer of the Court owns an interest of 5% or more in the firm, and no employee, officer, or agent of the firm has any conflict of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, 4. This proposal is made without prior understanding, agreement, or connection with any other corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. EXCEPTIONS: (Attach list of exceptions) (If none, so state.) Signature: Printed Name: Firm Name: Date: Sworn to and described before me this day of, 200. Personally known OR produced identification (Type of Identification) My Commission expires: (Printed, typed or stamped commissioned name of Notary Public)