LIVINGSTON COUNTY MICHIGAN

Transcription

1 LIVINGSTON COUNTY MICHIGAN REQUEST FOR PROPOSALS - RFP-LC TRANSCRIPTION SERVICES INTRODUCTION Livingston County is soliciting proposals from interested, qualified and experienced vendors for TRANSCRIPTION SERVICES for the Livingston County Circuit Court/Family Court. The contract period will be for a three (3) year period beginning April 1, 2015, with the option for the County, at its discretion, to renew for an additional two-year period. The total contract period will not exceed five (5) years. Livingston County may deem it beneficial to award to one or more vendors. Please carefully review this document. It provides information necessary to aid participating vendors in formulating a thorough response. A formal, comprehensive review period will be conducted to ensure that Livingston County selects the best possible vendor(s) that will provide the best value and service. The County of Livingston officially distributes proposal documents from the Livingston County Purchasing Office and the Michigan Inter-governmental Trade Network (MITN) that you can access at Livingston County uses the MITN website for vendor registration, award tabulation posting, award information and other processes. Final award results will be posted on the MITN website after award. You must be a registered vendor with Livingston County to download the proposal document. If you are not a registered vendor with Livingston County, first click on Vendor Registration to register, and then you may access the proposal documents by clicking on Current Bid Items, and log-in to download the proposal document. Copies obtained through any other source are not considered official copies. If you have obtained this document from a source other than the Livingston County Purchasing Office or MITN, it is recommended that you obtain an official copy. It will be the vendor s responsibility to monitor for any addendums or amendments to this solicitation. 1. CHANGES AND ADDENNDA TO PROPOSAL DOCUMENTS Each change or addendum issued in relation to the RFP will be on file in the Purchasing office. In addition, all changes and addenda will be posted on the MITN Website. It is the Vendor s responsibility to acquire knowledge of any changes, modifications or additions to the authorized version of the proposal document. Any vendor who submits a proposal and later claims it had no knowledge of any changes, modifications or additions made by the County to the authorized version of the proposal document, shall be bound by the proposal, including any changes, modifications or additions to the authorized version. If a contract is awarded to a Vendor who claims that it had no knowledge of the changes, modifications or additions made by the County to the authorized version of the proposal, and that Vendor fails to accept the proposal award, the County may pursue costs and expenses to re-submit the item from that Vendor. The authorized version of the proposal document shall be that proposal document appearing on the MITN site with any amendments and updates. 2. CALENDAR OF EVENTS The following is a schedule of events concerning the proposal process: Questions Due By: Thursday, November 13 th, 2014, by 12:00 PM EST Proposals Due: Thursday, November 20 th, 2014, by 2:00 PM EST Commencement of Services: April 1,

2 A complete original proposal marked as such and four (4) exact duplicate copies and one copy on CD in Adobe Reader PDF format must be submitted together in one sealed envelope/package to: Livingston County Purchasing 304 East Grand River, Suite 204 Howell, Michigan OUTSIDE ENVELOPE/PACKAGE SHALL BE MARKED WITH THE FOLLOWING INFORMATION: 1. Transcription Services - RFP-LC Company Name and Address 3. Company Phone Number Sealed proposals must be received no later than 2:00 p.m., EST, on Thursday, November 20 th, 2014, by 2:00 PM, at the address set forth above. Proposals received after 2:00 PM EST on Thursday, November 20 th, 2014, may not be considered. The proposal is to be complete in legible form. Any additional written material such as professional records, certifications, etc., your company believes is important, may be attached and submitted to augment the data. The vendor must initial any corrections. NO FAXED OR ED DOCUMENTS WILL BE ACCEPTED. 3. COMMUNICATIONS To ensure fair consideration for all interested Vendors, the County prohibits communications specifically about this request for proposal to or with any employee at the departmental level during the submission period. Questions regarding this RFP shall be ed to Emily Kuhn by Thursday, November 13 th, 2014 at 12:00 PM EST. Questions received after this date and time may not be answered. Questions will be answered as soon as possible after receipt and will be posted at the County s website at: If you need any assistance, please contact: Emily Kuhn at ekuhn@livgov.com (517) GIFTS/GRATUITIES Elected Officials, Department Heads, and/or County Employees will not be offered or entitled to earn or receive personal gifts, gratuities, credits or other benefits of economic value by reason of their official business. 5. RESERVATION OF RIGHTS Livingston County reserves the right to reject any and all proposals, to award the agreement to other than the low proposal, to award separate agreements for separate parts of the services required, to negotiate the terms and conditions of all and any part of the proposals, to waive irregularities and/or formalities, and in general to make award in the manner as determined to be in the Board s best interest and its sole discretion. 2

3 6. RESPONSIVE PROPOSALS Companies are expected to examine the RFP requirements and all instructions. Failure to do so will be at the company s risk. Each company shall furnish all information requested herein. The person signing the proposal must initial all erasures or other changes. If any person contemplating submitting a proposal is in doubt of the true meaning of any part of the specifications or other conditions with the RFP, they are advised to call and have the portion in question clarified. 7. TAXES AND PAYMENT TERMS Livingston County is exempt from Federal Excise and State Sales Tax. The county s tax number is Payment Terms: Net 30-days. 8. WITHDRAWAL OF PROPOSAL Proposals may be withdrawn in person by a bidder, or authorized representative, provided their identity is made known and a receipt is signed for the proposal, but only if the withdrawal is made prior to the stated deadline. No proposal may be withdrawn for at least 60 days after opening except the successful company whose prices shall remain firm for the entire contract period. In case of error by the vendor in making up a proposal, the Purchasing office staff may, by discretion, reject such a proposal upon presentation of a letter by the vendor which sets forth the error, the cause thereof, and sufficient evidence to substantiate the claim. 9. INDEMNIFICATION AND HOLD HARMLESS The Contractor whose proposal is accepted must agree to the following indemnification and hold harmless responsibilities: The Contractor shall, at its own expense, protect, defend, indemnify and hold harmless Livingston County, its elected and appointed officers, employees and agents from all claims, damages (including but not limited to direct, indirect, incidental, consequential, special and punitive damages), costs, lawsuits and expenses including, but not limited to, all costs from administrative proceedings, court costs, and attorney fees, that they may incur as a result of any acts, omissions or negligence of the selected firm, its employees or agents or its subcontractors or sub-subcontractors, or any of their officers, employees or agents which may arise out of the contract. The Contractor s indemnification responsibilities shall include the sum of damages, costs and expenses which are in excess of the sum paid out on behalf of or reimbursed to Livingston County or its elected and appointed officers, employees, agents or by the insurance coverage obtained and/or maintained by the selected firm pursuant to the requirements of this RFP and the contract entered into. 10. EQUAL EMPLOYMENT OPPORTUNITY The Contractor and its subcontractors, as required by law, shall not discriminate against the employee or applicant for employment with the respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly relates to employment, because of race, color, religion, national origin, age, sex, disability that is unrelated to the individual s ability to perform the duties of a particular job or position. Breach of this covenant may be regarded as a material breach of the Contract. The Contractor agrees to post notices containing this policy against discrimination in conspicuous places available to applicants for employment and employees. All solicitations or advertisements for employees, placed by or on the behalf of the Contract, will state that all qualified applicants will receive consideration for employment without regard to race, color, sex, national origin, disability, age, height, weight, marital status and religion. 3

4 11. APPLICABLE LAW AND VENUE The Contract shall be construed according to the laws of the State of Michigan. In the event any actions arising under the Contract are brought by or against the County of Livingston is made a party thereof, the venue for such actions shall be established in accordance with the statutes of the State of Michigan and/or Michigan Court Rules. In the event that any action is brought under the Contract in Federal Court, the venue for such action shall be the Federal Judicial District of Michigan, Eastern District - Southern Division. 12. COMPLIANCE WITH LAWS AND REGULATIONS The Contractor will comply with all federal, state and local regulations including, but not limited to, all applicable OSHA/MIOSHA requirements, the Americans with Disabilities Act, Federal and/or State licensing and/or certification requirements of persons to provide services under the Contract. 13. INTEREST OF CONTRACTOR AND COUNTY The Contractor assures that they have no interests which would conflict with the performance of services required by the Contract. The Contractor also assures that, in the performance of the Contract, no officer, agents, employee of the County of Livingston, or member of its governing bodies, may participate in any decision relating to the Contract which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested or has any personal or pecuniary interest. However, this paragraph does not apply where specifically exempt under Michigan Law. 14. INDEPENDENT CONTRACTOR Contractor is an independent contractor. All employees, servants, or agents of the contractor shall in no way be deemed to be and shall not hold themselves out to be employees, servants or agents of Livingston County and shall not be entitled to any fringe benefits which the County provides its employees, including, but not limited to, health and accident insurance, life insurance, paid sick or vacation leave and longevity. The Contractor shall be responsible for their payment of the salary, wages or other compensation which may be due its employees, servants and agents for services performed under these specifications and for the withholding and payment of all applicable taxes including, but not limited to, income and social security taxes to the proper Federal, State and local governments that arise out of providing the services as requested herein. 15. CONTINGENT FEES The Contractor shall promise that it has not employed or retained any company or person, other than bona fide employees working solely for the Contractor, to solicit or secure the Contract, and that it has not paid or agreed to pay any company or person, other than bona- fide employees working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of the Contract. For breach of this promise, the County may cancel the Contract without liability or, at its discretion, deduct the full amount of the fee, commission, percentage: brokerage fee, gift or contingent fee from the compensation due the Contractor. 4

5 16. AWARD The County will award the contract to the most responsive, responsible vendor(s) having proven experience as described herein. The County reserves the right to award this contract not necessarily to the vendor(s) with the lowest price but to the vendor(s) that demonstrates the best ability to fulfill the requirements. In addition, the County may deem it in its best interest to award to one or more vendors. The evaluation and award of this proposal shall be rated on the following (not in any relevant order): Qualifications of staff proposed Reputation and experience of firm based on references Proposed fees Attention to the requests and requirements as stated in this RFP Previous experience with the County, if applicable The price proposed shall be considered firm and cannot be altered after receipt per the terms of this proposal. The recommendation for a selection will be made to the Livingston County Board of Commissioners. Final approval will be granted by the Board of Commissioners. The County may make a determination that the rejection of all proposals is in the best interest of Livingston County. Livingston County will not pay for any information herein requested, nor is it liable for any costs incurred by the vendor. The successful contractor shall commence work only after the transmittal of a fully executed contract and after receiving written notification to proceed from Livingston County. The successful vendor(s) will perform all services indicated in the request for proposal packet and in compliance with the negotiated contract. The contents of this RFP and the vendor s response will become contractual obligations if a contract ensues. Failure of the successful contractor to accept these obligations may result in cancellation of the award. 17. INSURANCE REQUIREMENTS The Contractor whose proposal is accepted must meet and agree to maintain during the term of the contract the following insurance coverage requirements. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverage s shall be with insurance carriers acceptable to the County and have an A.M. Best Company s Insurance Reports Rating of A or A- (Excellent). A. The Contractor shall carry Workers Disability Compensation and Employer s Liability Insurance Coverage, as required by law. In the event that the Contractor uses subcontractors and subsubcontractors for the performance of services required under this proposal, the Contractor shall ensure that said subcontractors and sub-subcontractors carry Workers Disability Compensation and Employer s Liability Insurance coverage, as required by law. B. The Contractor shall be responsible for insuring all its tools and equipment and all materials which it may use and/or leave at the work site. The County shall not be responsible for any loss or damage to the Contractor s tools and materials. C. The Contractor shall procure and maintain during the term of the contract Commercial General Liability Insurance on an Occurrence basis with limits of liability of not less than $1,000,000 per occurrence and aggregate combined single limit, for Personal Injury or Bodily Injury and $1,000,000 per occurrence and aggregate for Property Damage. Coverage shall include the following extensions: (1) Contractual Liability; (2) Products and Completed Operations Coverage; (3) Independent Contractors Coverage; (4) Broad Form General Liability Extensions or equivalent; if not in policy proper. D. The Contractor(s) shall maintain Vehicle Liability Coverage, and Michigan No-Fault coverage s including all owned, non-owned, and hired vehicles, of not less than $1,000,000 per occurrence combined single limit. E. Commercial General Liability Insurance and Vehicle Insurance as described above shall include the following as Additional Insured : County of Livingston. 5

6 CANCELLATION NOTICE Workers Compensation Insurance, Commercial Liability Insurance, and Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: It is understood and agreed that Thirty (30) days Advance Written Notice of Cancellation, Non- Renewal, Reduction, and/or Material Change shall be sent to: Livingston County Purchasing, 304 E. Grand River Ave., Ste. 204, Howell, MI, If any of the above coverages expire during the term of this contract, the Contractor shall deliver renewal certificates and/or policies to Livingston County Purchasing at least ten (10) days prior to the expiration date. PROOF OF INSURANCE The required Certificate of Liability Insurance form must be submitted to the Purchasing Office upon a fully executed Agreement. The Insurance Certificate may be faxed (517) , addressed to the Purchasing Department. NOTE: Failure on the part of any vendor to contact his/her insurance carrier to verify that the insurance carried by the vendor meets Livingston County s specifications shall result in this proposal being completed incorrectly. All coverage shall be with insurance carriers licensed and admitted to do business in Michigan and acceptable to Livingston County. OTHER: Sole proprietors or partnerships shall provide proof of Worker s Compensation Insurance or Notice of Exclusion from Workers Compensation as required by law. Any company who claims Workers Compensation Exclusion is required to have a Notice of Exclusion from the Michigan Department of Energy, Labor & Economic Growth, and Workers Compensation Agency on file. Below is the contact information necessary to request a Notice of Exclusion form (WC-337). Michigan Department of Energy, Labor & Economic Growth Workers' Compensation Agency PO Box Lansing, MI (517) Once you have a WC-337 form on file with the State of Michigan, a copy may be faxed or ed to: Fax: or ekuhn@livgov.com. 18. PA 517 CERTIFICATION Pursuant to Michigan Law (the Iran Economic Sanctions Act, 2012 PA 517 MCL et seq.) before accepting any proposal, or entering into any contracts for goods or services, with any prospective Vendor, the Vendor must first certify that it is not an IRAN LINKED BUSINESS, as defined by law. A completed Certification of Compliance with Public Act 517 of 2012 form must be submitted with your proposal. 19. EXTENSION OF AWARD It is the intent of the county to extend the award of this contract to other Livingston County departments and municipal agencies during the life of the initial contract and any renewal period. 6

7 20. SIGNATURE PAGE/EXCLUSIONS The Signature Page shall be completely filled out and returned with the proposal submission. A representative of your company who is authorized to bind your company must sign the Signature Page. Include any exclusion(s) to this RFP in the area provided on the Signature Page. 21. COMPANY HISTORY & REFERENCES Provide a brief company history outlining the qualifications and organization of your company. Include summaries of key personnel with the qualifications that will be pertinent to the contract. If any subcontractors will be used or if a partnership will be formed to provide the scope of services detailed within this RFP, list their qualifications and roles. Provide three (3) references with complete name, address and telephone of the contract person(s). 22. GENERAL OVERVIEW A. BACKGOUND: 1. Annual volume is approximately 20,000 pages per year. 2. Transcripts are filed with the Court within 14 business dates unless otherwise mutually agreed upon or dictated by court rule. 3. Transcript requests are processed through the Livingston County Circuit Court Administration Office. Contractor shall pick up requests in a timely manner. 4. Contractor shall return all phone calls and respond to all s from the Circuit Court Administration Office in a timely manner. 5. All VCR tapes/cd s are the property of Livingston County Circuit Court and shall be returned promptly upon completion of transcripts. B. DUTIES OF THE CONTRACTOR: 1. To provide experienced, certified transcription preparation, delivery services and filing of transcripts upon request pursuant to MCR 8.108, Supreme Court Administrative Order and the current rules and procedures in the Manual for Court Reporters and Recorders. 2. Transcripts shall be prepared from video tape and/or digital recordings retained by the Court. The Contractor shall provide, at their own expense, all equipment necessary to transcribe video and digital recordings, as well as paper, folders, forms or other necessary supplies. 3. Transcripts shall be returned to the Court within 14 business days unless otherwise mutually agreed upon by both parties. 4. Contractor will provide adequate numbers of qualified individuals with suitable training, education, experience and skill to perform the services. 5. Transcripts ordered by private counsel or parties shall be delivered and paid for in the manner permitted by law. 6. Contractor will be responsible for any and all subcontractors hired by the Contractor. The Contractor warrants and covenants that the subcontractors shall be subject to all of the obligations applying to the Contractor. 7. The Contractor shall not engage in any conflict of their duties. 8. The Court will pay on a per page basis. The rate shall apply to all transcripts billed to the Court and paid at public expense. There will be no additional administrative fees paid to the Contractor by the Court. Transcripts ordered by individuals and/or retained attorneys on behalf of their clients shall be billed directly to the ordering party and shall not reflect any additional charge to the Court. 9. Delivery shall be in accordance with the Michigan Rules of Court. 7

8 23. PROPOSAL SUBMISSION/CHECKLIST It is strongly suggested that your proposal be as detailed and comprehensive as possible and answered in the same order as numbered in the RFP. Please make sure the following is included: Brief Company History Subcontractors Form Pricing Proposal References Signature Page Public Act 517 Certification 8

9 SUBCONTRACTOR FORM RFP# LC Failure to complete this form and/or provide the information requested may result in your proposal being deemed nonresponsive and rejected without any further evaluation. Are there any subcontractors to be utilized under this contract? YES - You must complete both pages.* NO - You must complete only this page. *A separate Subcontractor Form must be completed by each subcontractor intended to be used on the contract. Ensuring completion of the Subcontractor Form is the responsibility of the Proposer, and failure of the Proposer to timely arrange for its prospective subcontractors to complete and submit the form as part of the proposal may result in its proposal being deemed nonresponsive. ACKNOWLEDGED BY: Firm: Name: Title: (Authorized Representative) Signature: Date: 9

10 SUBCONTRACTOR FORM Continued (You must submit this form for each subcontractor. If you have more than one subcontractor, make additional copies of this form, as needed) Prime Contractor State relationship, if any, between Prime Contractor and each Subcontractor: NOTE: Both the Prime Contractor/Consultant and Subcontractor must sign this form appropriately. Subcontractor: Fed Tax ID Address: P.O. Box City: County State Zip: Phone: ( ) Fax: ( ) Primary contact person: Phone: ( ) Detailed description of the work to be self-performed by the subcontractor: Amount of subcontract and/or Percent of total contract: $ and/or: % ACKNOWLEDGEMENTS: SUBCONTRACTOR: I acknowledge that all the above information has been completely filled out and is true. Authorized Signature Name & Title Date PRIME CONTRACTOR: I acknowledge that all the above information has been completely filled out and is true. Authorized Signature Name & Title Date 10

11 PRICING PAGE: Transcription Services RFP# LC Company Name: $ per original page $ per copy page Comments: 11

12 RFP # LC Company / Vendor s Name: CUSTOMER REFERENCE INFORMATION Company Name: Contact Name: Type of Service(s) Provided: Contact Phone Number: Date of Services: Contact Address: Company Name: Contact Name: Type of Service(s) Provided: Contact Phone Number: Date of Services: Contact Address: Company Name: Contact Name: Type of Service(s) Provided: Contact Phone Number: Date of Services: Contact Address: 12

13 Signature Page RFP# LC Name of Bidder: Address: Telephone Number: Address: Fax Number: Federal Tax ID Number: Check ONE of the following: Partnership Non-Profit Corporation Profit Corporation DBE (If you have a DBE status, submit current certificate with proposal) Non-DBE Other, Specify: If awarded a contract in response to this Proposal, our company: Will Will Not be able to meet the specifications as required for Insurance Coverages/Limits. It is recommended to contact your insurance provider prior checking the above. I certify, under penalty of perjury, that I have the legal authorization to bind the firm hereunder Signature of Person Authorized to Sign: Title and Name of Agency: Name of Authorized Signatory (print): Date: The above individual is authorized to sign on behalf of the company submitting this proposal. Proposals must be signed by an official authorized to bind the provider to its provisions for at least a period of 90 days. How did you learn about this proposal opportunity? Please list any exclusions for this RFP: (Check here are exceptions to any portion of this solicitation) if a separate page is necessary, please indicate these EXTENSION OF AWARD will extend to other Livingston County Departments, other Local Units of government within Livingston County, and the MITN Cooperative, the opportunity to piggyback off of this contract for the same pricing, terms and conditions. COMPANY NAME YES NO 13

14 CERTIFICATE OF COMPLIANCE WITH PUBLIC ACT 517 OF 2012 I certify that neither (Company), nor any of its successors, parent companies, subsidiaries, or companies under common control, are an Iran Linked Business engaged in investment activities of $20,000, or more with the energy sector of Iran, within the meaning of Michigan Public Act 517 of In the event it is awarded Contract as a result of this Request for Proposals, Company will not become an Iran linked business during the course of performing the work under the Contract. NOTE: IF A PERSON OR ENTITY FALSELY CERTIFIES THAT IT IS NOT AN IRAN LINKED BUSINESS AS DEFINED BY PUBLIC ACT 517 OF 2012, IT WILL BE RESPONSIBLE FOR CIVIL PENALTIES OF NOT MORE THAN $250, OR TWO TIMES THE AMOUNT OF THE CONTRACT FOR WHICH THE FALSE CERTIFICATION WAS MADE, WHICHEVER IS GREATER, PLUS COSTS AND REASONABLE ATTORNEY FEES INCURRED, AS MORE FULLY SET FORTH IN SECTION 5 OF ACT NO. 517, PUBLIC ACTS OF (Name of Company) By: Date: Title: Subscribed and sworn to before me this day of, 20. Notary Public,, County, State of Michigan My Commission Expires: 14