2200-23-002-RFQu-Court Reporting 17th v1.pdf

COURT REPORTING SERVICES

REQUEST FOR QUALIFICATIONS (“RFQU”) # 17-2023-01

RFQU for the provision of court reporting services (Stenographic and/or

Digital Court Reporting) to

The Seventeenth Judicial Circuit Court of Florida

(Acting by and through the Office of the Trial Court Administrator)

Proposals are due no later than

Monday, June 5, 2023 via hand-delivery or U.S. Mail to:

Office of the Trial Court Administrator

Broward County Courthouse

Attn. Marta Prieto

Room 19170

201 S.E. 6th Street

Fort Lauderdale, FL 33301

*Proposals must be received by the Court by Monday, June 5, 2023 to be considered*

COURT REPORTING SERVICES FOR

THE SEVENTEENTH JUDICIAL CIRCUIT COURT OF FLORIDA

RFQU 17-2023-01

SPECIFICATIONS

1. BACKGROUND

The term “court reporting” has a common meaning for most people. Florida Rule of General Practice & Judicial Administration 2.535(a)(4) defines “court reporting” as the act of making a verbatim record of the spoken word, whether by the use of written symbols, stenomask equipment, stenographic equipment, or electronic devices, in any proceedings pending in any of the courts of this state, including all discovery proceedings conducted in connection therewith, any proceedings reported for the court’s own use, and all proceedings required by statute to be reported by an approved court reporter or civil court reporter.

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. Rule 2.535(h) 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 is a State of

Florida obligation.

2. PURPOSE

The purpose of this RFQU is to solicit proposals in accordance with established purchasing procedures in a competitive process for the acquisition of court reporting services, stenographic and/or digital, funded at public expense, for court proceedings in the Seventeenth Judicial Circuit Court of Florida (Broward County), effective on order about July 1, 2023. The Circuit reserves the right to award one or more contracts to provide the required services as deemed to be in the court’s best interest.1

1 Any court reporting agency that has a current fiscal year (2022-2023) contract with the Circuit for court reporting services is not required to submit a response to this RFQU. Through this RFQU, the Circuit is only seeking to add additional court reporting contractors to ensure an adequate number of court reporters are available to cover due process court proceedings.

3. INQUIRIES

a. Any questions or requests for additional information regarding this

RFQU must be in writing, via email, directed to:

E-Mail: contracts@17th.flcourts.org

b. Proposed contractors must submit questions no later than 3:00 p.m. on

May 15, 2023. If necessary, clarifications or additional information will be issued by the Office of the Trial Court Administrator.

c. Any clarification or additional information resulting from questions received by any proposed contractor(s) that may substantially affect the outcome of this RFQU will be provided in the form of a written addendum and will be placed on the State of Florida Vendor

Information Portal

(https://vendor.myfloridamarketplace.com/search/bids) and on the

“Public Notice” page of Court’s website at http://www.17th.flcourts.org/public-notice/. Unless issued in writing by Court Administration, nothing shall be binding upon this RFQU.

4. SCHEDULE OF EVENTS

Listed below are the dates and times by which stated actions must be taken or completed. If the Office of the Trial Court Administrator determines, in its sole discretion, that it is necessary to change any of these dates and times, it will issue an Addendum to this RFQU. All listed times are Eastern Daylight

Time:

Advertisement of RFQU May 1, 2023

Question Submission Deadline May 15, 2023

(3:00 p.m.)

Deadline for Written Responses to Questions May 22, 2023

RFQU Submission Deadline June 5, 2023

(3:00 p.m.)

mailto:contracts@17th.flcourts.org https://vendor.myfloridamarketplace.com/search/bids http://www.17th.flcourts.org/public-notice/

Posting of Intent to Award RFQU June 12, 2023

5. SCOPE OF WORK

a. The awarded contractor(s) shall perform, for the benefit of the Court, as required, court reporting services in the following designated areas requiring court reporting services at public expense in accordance with the terms of this RFQU:

i. Stenographic and/or digital court reporting services in Circuit

Criminal Divisions, in-court proceedings and other proceedings.

b. Notwithstanding the court reporting assignment(s) as described above, the Court has the right to expand or reduce the number of judicial sections within any court division, or the number of court divisions, without any liability whatsoever for the impact the exercise of such a right has on the above designated areas of assignment. The awarded contractor(s) is not guaranteed a minimum or maximum number of assignments or referrals.

c. The awarded contractor(s) shall report and/or transcribe proceedings in the above designated areas of assignments, including scheduled and unscheduled emergency hearings held in chambers or courtrooms, which may involve, but are not necessarily limited to, jury trials, non-jury trials, arraignments, motion hearings, and all other related matters as required by the Court.

d. In the performance of the court reporting services required hereunder, the awarded contractor(s) shall be responsible for the following:

i. Maintenance of a verbatim record of all legal proceedings set forth herein, and provision of accurate transcripts in the format required by this RFQU and applicable Florida Rules of General

Practice and Judicial Administration, Florida Rules of Appellate

Procedure, and Seventeenth Judicial Circuit Local Rules and

Administrative Orders. Unedited draft copies of transcripts shall be provided upon proper request.

ii. Retention of logs, notes, records and transcripts of court reporters, monitors, or scopists who are terminated, leave or stop working for the court reporting firm, or who are otherwise unavailable. Retention and storage policies must comply with applicable court rules.

iii. Duplication onto disks or other acceptable electronic storage devices of all notes taken by court reporters, in or out of court, shall be submitted, upon request, in an electronic format approved by the Court to the Court Reporting Services department of the Office of the Trial Court Administrator.

iv. Timely distribution of requested transcripts in accordance with applicable Court rules, orders of the court, and contract.

v. Careful and professional maintenance and retention of all court reporter files and records created pursuant to any court proceeding covered in accordance with all applicable Court rules.

vi. Providing replacement court reporters for other court reporting contractors when they are unable to cover their designated assignments.

vii. Ensuring that court reporters are timely and present in the courtroom prior to the start of the assigned court proceeding(s), and that they maintain a professional appearance and demeanor while performing services for the Court. The Court, at its discretion, may exclude individual reporters from providing services due to lack of performance or failure to timely provide transcripts.

viii. Producing copies of recordings in accordance with Supreme

Court of Florida Administrative Order No. AOSC11-22 (see

Attachment “A”) and the protocol established by the Court, to include:

1. Preventing the release of confidential information; the court’s process for ensuring the accuracy of the record;

and certification of the recording for correctness.

2. Making available copies of audio/video recordings to attorneys of record, parties to a case, and self-represented litigants upon request so long as an acknowledgment is provided with the copy that states confidential information may be contained on the recording, further dissemination of confidential information contained on the recording is prohibited, and violation of the prohibition against dissemination may subject the requestor to an action for contempt of court.

3. Making available copies of audio/video recordings to the public at large after review to ensure that matters protected from disclosure are kept confidential in accordance with court rule and Florida Statutes.

ix. All records and electronic records made by an official court reporter in any proceeding required to be reported at public expense shall be the property of the Court.

6. MINIMUM QUALIFICATIONS

a. The awarded contractor(s) will be required to certify reporters servicing the areas of the Court to satisfy the qualifications stated below and reporters’ certifications must be maintained, in good standing, during the term of the contract and any renewal period thereof. All documentation shall be made part of the contractor’s proposal in response to this RFQU. The awarded contractor(s) will be required to provide the Court with a certificate for each new court reporter providing services to the Court before the reporter is assigned to cover a division or courtroom. The certificate shall be made available within three (3) business days of the new court reporter’s assignment or date of hire.

b. The qualifications criteria described below may be waived for court reporters with five (5) years of verifiable experience with in-court reporting as long as sufficient supporting documentation is provided within the allotted time stated above.

c. The awarded contractor(s) should have available a sufficient number of court reporters, ideally two (2) per courtroom assignment, to ensure courtroom coverage and timeliness of transcript production, sufficient support staff, and management and principals.

d. Circuit Criminal Divisions

i. Each court reporter assigned to this area of the Court shall:

1. Possess a certificate in court reporting from an accredited court reporting school or college or be proficient in

Computer Aided Transcription (CAT) court reporting or machine shorthand court reporting, if providing stenographic services; and/or

2. Possess a Registered Professional Reporter (RPR) or other certification, through testing, from the National Court

Reporters Association or other national or state court reporting association (i.e., American Association of

Electronic Reporters and Transcribers) acceptable to the

Court, if providing stenographic court reporting services or digital court reporting; and

3. Have a minimum of one (1) year of verifiable court reporting experience, including at least six (6) months of courtroom experience in criminal, civil or other adversary legal proceedings. Court reporting experience encompasses reporting of any adversary legal proceeding before a judge or other presiding official and depositions;

4. Be proficient in the use of electronic recording equipment and annotation procedures for adversary legal proceedings; and

5. Comply with any state standards implemented by the

Supreme Court of Florida, including certification requirements for court reporters, or electronic court reporters/monitors, and any administrative order issued by the Chief Judge of this Circuit relating to court reporting and transcription.

e. Respondent shall currently employ or contract with, or demonstrate the ability to employ or contract with, at least one experienced real-time stenographic court reporter with related hardware, not limited to counsels’ tables and the judge’s bench, and software to meet the requirements for capital cases and the Americans with Disabilities Act.

7. COURT/CONTRACTOR CONTRACTUAL RELATIONSHIP

a. The Seventeenth Judicial Circuit Court of Florida reserves the right to award one or more contracts to provide the required services as deemed to be in the Court’s best interest. Any awarded contractor will be required to provide the services 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) will be required to pay any and all applicable taxes required by law; 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 awarded contractor(s) will be responsible for all income taxes, FICA, and any other withholdings from its employees, or subcontractors’ wages or salaries. Fringe benefits will be the responsibility of the awarded 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) will be responsible for hiring, compensating, supervising, and terminating members of its work force. It shall direct and control the manner in which work is performed, including conditions under which individual 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 for purposes of managing contract services or otherwise fulfilling duties pursuant to the scope of work will not be provided.

Office furnishings, supplies, expenses, or other equipment will be the responsibility of the awarded contractor. The Court will not pay for any business travel, parking, training, certification or registration fees, or continuing education expenses on behalf of the awarded contractor(s) or its employees or subcontractors.

d. Prior to commencing work, the successful contractor(s) will be required to sign a written contract incorporating the specifications and terms of this RFQU and the response thereto. It is anticipated that any contract awarded as a result of the RFQU will begin on or about July 1, 2023 and last until June 30, 2026. The contract may be renewed for a period not to exceed three (3) years. Renewal of the contract period shall be by mutual agreement in writing.

e. The awarded contractor(s) will not be exclusively bound to the Court and may provide court reporting services to other private and public entities, provided such services do not conflict with the awarded contractor’s contractual obligations to the Court.

8. COMPENSATION

a. The awarded contractor(s) must agree to and will be compensated for transcripts ordered by the Court pursuant to Seventeenth Judicial

Circuit Administrative Order 2020-9-Gen. See Attachment “B”.

b. Appearance Fees for Digital Court Reporters

i. A session is either 8:30 a.m. to 12:00 p.m. or 1:30 p.m. to 5:00 p.m.

ii. The rate per session is $200.00.

iii. Additional Rate: $15.00 per quarter hour for time prior to 8:30 a.m., between 12:00 p.m. and 1:30 p.m., or after 5:00 p.m.

9. CANCELLATION/SUSPENSION/TERMINATION

a. The Court will reserve the right to cancel the contract, and all extensions or renewals, without cause upon no less than a thirty (30) calendar day notice, in writing, to the other party unless a shorter time is mutually agreed upon, in writing.

b. The Court may also suspend any and all activities under the contract, at any time upon written notice and when in the best interests of the Court.

c. In the event funds for payment, pursuant to the contract, become unavailable, the Court, may terminate the contract upon no less than a twenty-four (24) hour notice, in writing to the contractor. The Court shall be the final authority as to the availability and adequacy of funds.

In the event of termination of the contract, the contractor will be compensated for any work satisfactorily completed.

d. The Court may also terminate the contract for any nonperformance or deficient performance by the contractor. A waiver of breach of any provision of the contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms and conditions of the contract. The provisions in the

Cancellation/Termination section of the contract will not serve as a limitation on the Court’s right to remedies at law or in equity.

Contractor and the Court will agree that each requirement, duty, and obligation set forth in the contract is substantial and important to the formation of the contract, and, therefore, is a material term hereof.

e. A written notice of termination must be delivered by the Court or by any awarded contractor in writing via electronic mail to the appropriate party(ies) or its representative(s).

f. Upon termination of the contract, the Contractor will be required to submit to the Court, as applicable, a standard invoice solely for court reporting services rendered and authorized up to the date of such termination. If termination occurs pursuant to the

Cancellation/Termination provision in the contract, Contractor shall not be entitled to compensation or payment by the Court, except for services satisfactorily rendered up to the date of termination.

10. NONCOMPLIANCE

a. Any awarded contractor will be considered in noncompliance of the contract if the contractor, or any court reporter associated with contractor’s business, fails to: provide accurate transcripts in the time frame in the contract or court order; provide replacement court reporter(s) or additional court reporter(s) at all assigned proceedings in a timely manner; provide transcripts in the format required by the applicable Florida Rules of General Practice and Judicial

Administration, Florida Rules of Appellate Procedure, and Seventeenth

Judicial Circuit Local Rules and Administrative Orders; or fails to fully comply with any other provision of the contract. Upon noncompliance with the terms and conditions of the contract and failure by any awarded contractor to remedy with prompt and full performance, the Court, as applicable, can exercise the right to any or all of the following actions:

i. The Court may require a meeting with the awarded contractor to review performance problems.

ii. The awarded contractor(s) will be subject to financial and other consequences for failure to timely appear for assigned proceedings or for any delay in completing transcripts.

iii. Unilateral engagement and assignment of replacement and/or additional qualified court reporters in accordance with the contract.

iv. Suspension or termination of the contract upon written notice as more specifically set forth in Section 9 of this RFQU.

v. Other appropriate remedies, including, but not limited to, implementation of a corrective action plan or imposition of Court sanctions.

b. For the purposes of the contract, accurate transcriptions are defined as those with not more than one (1) error per ten (10) pages, excluding proper nouns; and an appearance in a timely manner is defined as a court reporter being present, able and ready to work, prior to the start of the assigned proceeding(s) and in accordance with the reporter’s assignment.

c. At the discretion of the Court, an individual reporter may be excluded from providing services, including, but not limited to, the failure to provide accurate transcripts, unsatisfactory performance, late transcripts, overdue transcript requests or billing irregularities. If this occurs, the Director of Court Reporting Services must be notified of any action.

11. INSURANCE AND BONDS

a. The awarded contractor(s) must not commence any work in connection with the agreement until obtaining all required liability insurance as set forth more specifically herein. The awarded contractor(s) must keep all insurance policies current throughout the period of the contract and subsequent renewals thereof.

b. All insurance policies and bonds shall be issued by insurers licensed to do business in the State of Florida holding a certificate of authority pursuant to Chapter 624, Florida Statutes, and who shall have a minimum rating of B as listed in “Best’s Key Rating Guide” published by the A.M. Best & Company, Inc.

c. All insurance policies required herein shall be without any deductible amount and name the Seventeenth Judicial Circuit and State Courts

System as an additional insured. All insurance policies shall contain language requiring thirty (30) days prior written notification to the

Court of any changes in any policy or of any non-renewal or cancellation of any policy. Copies of applicable insurance policies shall be provided to the court upon request.

d. The awarded contractor(s) will be required to immediately report in writing to the Trial Court Administrator or designee any incident that might reasonably be expected to result in a claim under any of the coverage required herein.

e. The awarded contractor(s) will be required to procure and maintain insurance of the type and in the minimum amount stated below (these requirements do not preclude the contractor(s) from procuring additional coverage types or coverage over and above the limits listed herein):

i. Comprehensive General Liability Insurance

A Comprehensive General Liability Insurance Policy must be provided which shall contain minimum limits of Five Hundred Thousand Dollars

($500,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. The policy must include coverage for:

Premises and/or operations

Independent contractors

Products and/or completed operations for contracts

Broad Form Contractual Coverage applicable to the contract for the subject court reporting services, including a hold harmless and/or indemnification agreement.

ii. Personal Injury Coverage with Employee and Contractual

Exclusion

Personal Injury Coverage with Employee and Contractual Exclusion removed, with minimum limits of Five Hundred Thousand Dollars

($500,000.00) per occurrence.

iii. Workers’ Compensation Insurance

Coverage limits must be in compliance with Chapter 440, Florida

Statutes, and must include Employers’ Liability with a limit of One

Hundred Thousand Dollars ($100,000.00) per occurrence.

12. INDEMNIFICATION

a. The awarded contractor(s) will be liable for and indemnify, defend and hold the Court and all of its officers, agents, and employees harmless from all claims, suits, judgments or damages, including attorneys’ fees and costs, arising out of any act, actions, neglect or omissions by the awarded contractor(s), its agents or employees during the performance or operation of the Contract or any subsequent modifications thereof.

b. The inability of an awarded contractor to evaluate its liability or its evaluation of liability shall not excuse the awarded contractor’s duty to defend and to indemnify, within seven (7) days after notice by the Court by certified mail, return receipt requested, by a reputable courier service. After the highest appeal taken is exhausted, only an adjudication or judgment specifically finding the awarded contractor not liable shall excuse performance of this provision. The awarded contractor(s) shall pay all costs and fees, including attorneys’ fees, related to these obligations and their enforcement by the Court. The

Court’s failure to notify the awarded contractor of a claim shall not release the awarded contractor(s) from these duties. The awarded contractor(s) shall not be liable for the sole negligent acts of the Court.

c. For all claims by the Court against the awarded contractor(s), regardless of where the claim is filed, the awarded contractor’s liability for direct damages will be the value of the contract, not to exceed the total amount paid to the vendor for services rendered under the contract at the time of the claim.

d. No party will be liable for special, indirect, punitive or consequential damages, including lost data or records (unless the Contract requires the Contractor to back-up data or records), even if the party has been advised no such damages are possible.

e. No party will be liable for lost profits, lost revenues or lost institutional operating savings.

f. The awarded contractor(s) is/are an independent contractor and not an agent or employee of the Court or State of Florida.

g. The awarded contractor(s) expressly understand and agree any insurance protection required by the Contract or otherwise provided by contractor shall, in no way, limit the responsibility to indemnify, keep and save harmless and defend the Court or its officers, employees, agents and instrumentalities, as herein provided. All required documents must be attached to each original contract.

13. E-VERIFY

a. The awarded contractor(s) shall utilize the United States Department of

Homeland Security’s (DHS) E-Verify System (https://www.e-verify.gov/) to verify the employment eligibility of all new employees hired during the term of this Contract for which the contractor is providing services to the Court.

b. The awarded contractor(s) shall also include a requirement in all subcontracts that the subcontractor shall utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor after January 1, 2021, and during the term of any contract with the Court.

c. The awarded contractor(s), prior to allowing any subcontractor to provide any services for the Court, shall provide the Court with a copy of the subcontractor’s DHS E-Verify registration, along with an affidavit from the subcontractor stating that the subcontractor does not employ, contract with, or subcontract with any unauthorized aliens.

d. If the awarded contractor(s) is/are unable to register to utilize the United

States Department of Homeland Security’s (DHS) E-Verify system because they are a sole proprietor with no employees, then the awarded contractor(s) must complete a registration waiver affidavit certifying the reason for non-registration which must be submitted to the Court for approval.

e. The awarded contractor(s) shall provide the Court with both the DHS

E-Verify registration or registration waiver affidavit, as applicable, and corresponding affidavits for all subcontractors performing services for the Court, and on an annual basis thereafter.

f. The E-Verify requirement is mandated by state law pursuant to section

440.095, Florida Statutes.

https://www.e-verify.gov/ https://www.e-verify.gov/

14. SUBMITTAL REQUIREMENTS

a. Proposals shall be typed on white letter-size paper and each element of the RFQU shall be addressed separately and in a clear, concise manner.

Each element shall be labeled and indexed. Proposals shall be submitted via hand-delivery or mail to the address listed below.

Proposals that do not address each requested item will not be considered.

b. One (1) original and five (5) copies of a contractor’s proposal shall be submitted and received by the Court by 3:00 p.m. Monday, June 5, 2023 and may be submitted via hand-delivery or U.S. Mail to the following address:

Broward County Courthouse

Attn. Marta Prieto

Room 19170

201 S.E. 6th Street

Fort Lauderdale, FL 33301

c. Any proposal received after the advertised deadline will not be considered for award, notwithstanding the postmarked date if the proposal is mailed.

d. Failure to submit all required documents will be deemed nonresponsive and the proposal will not be considered for award.

e. Proposal production costs are the responsibility of the proposers.

15. PROPOSAL CONTENT

a. Proposals shall not exceed 30 pages in length, exclusive of required forms or attachments, and contain, at a minimum, the following information:

i. Proposal Information:

1. Proposer’s official business name, address (both physical and mailing), telephone and fax numbers; type of legal business such as sole proprietorship, partnership, limited liability company, or corporation, including the state of incorporation;

2. Length of time in business;

3. Location(s) of business operations;

4. Firm’s qualifications

5. Names, qualifications and experience of corporate officer(s) and/or key personnel

6. Proposed staffing - the Proposer shall submit a completed

Staff Roster (attached and incorporated herein as

Attachment “C”) listing all of Proposer’s staff members that would potentially be providing court reporting services and providing copies of applicable certifications where appropriate;

7. Description of support staff and related qualifications;

8. Evidence of meeting qualification requirements set forth herein;

9. Unedited draft copies of transcripts;

10. Current financial statement, including at a minimum, income statement and balance sheet; however, audited financial statements are preferred;

11. Dates of prior contracts, if any, with the Seventeenth

Judicial Circuit or any other judicial circuit within the

State of Florida. Include length of time, and reason for termination, if applicable;

12. Details of any change in ownership, if prior owner was known to have a contract with the Seventeenth Judicial

Circuit;

13. Description of court reporting storage and retention policies and procedures; and

14. Updated W-9.

ii. Statements: Include a statement indicating an understanding of the scope of services and the requirements thereof.

iii. 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.

Information should also include the type of audio signal used, audio connector types, network requirements, and number of channels of audio the equipment is able to support, if providing digital court reporting. Please provide a statement of the proposed contractor’s ability to meet the technology requirements set forth in this RFQU. Photographs of relevant equipment and wiring diagram(s) of how the systems are configured should be included as part of the proposal.

iv. Quality Assurance Statement: Include the firm’s statement of commitment to quality assurance; the firm’s capability and plan to guarantee the timely appearance of court reporters prior to the start of assigned court proceedings; plans for hiring, training, continuing education, and performance evaluations of employees and independent contractors.

v. Conflict Disclosure: Include the name(s) of any employee or officer of the Seventeenth 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. See Conflict of Interest Form, appended hereto as

Exhibit “D”.

vi. References: Include the name, address, e-mail address, and telephone number of at least five (5) clients for whom similar court reporting services are or have been performed, as well as the duration of time services were performed.

**Proposals that are received without addressing all of the items in this section will be considered incomplete and may not be reviewed.**

16. EVALUATION OF PROPOSALS

a. Review Committee. A Review Committee made up of at least three

(3) persons 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 an award or awards to the Chief Judge.

17. ADDENDA

Any clarifications or additional information that may substantially affect the outcome of this RFQU will be provided in the form of a written addendum.

Any addendum will be posted on the State of Florida Vendor Information

Portal (https://vendor.myfloridamarketplace.com/search/bids) and on the

Court’s “Public Notice” page of the Seventeenth Judicial Circuit’s website at http://www.17th.flcourts.org/public-notice/.

18. PROTEST PROCEDURES

Judicial branch purchasing, including procedures and proceeding relating to bid protests, are governed by the State Courts System Purchasing Directive. The judicial branch is not encompassed within chapter 287, Florida Statutes, statutory bid requirements, or section 120.57(3), Florida Statutes, administrative proceeding relating to protest to contract solicitations or awards. The proposed is hereby placed on notice of the requirements specific to the judicial branch, as follows:

a. Judicial branch purchasing requirements, as specified in the State

Courts System Purchasing Directive, supersede and control over any

General Conditions stated in this solicitation.

b. State Courts Systems Purchasing Directives can be accessed through the Florida Courts web site at: www.flcourts.org: Administrative &

Funding, “Purchasing.”

c. State Courts System Purchasing Directives pertaining to bid protest procedures and proceeding can be accessed within the Directives, Section 6.10 Protest Procedures, and are incorporated in the General

Conditions for this solicitation.

https://vendor.myfloridamarketplace.com/search/bids http://www.17th.flcourts.org/public-notice/

Supreme Court of Florida

No. AOSC11-22

IN RE: COURT REPORTING SERVICES IN FLORIDA’S TRIAL

COURTS

ADMINISTRATIVE ORDER

The purpose of the Commission on Trial Court Performance and

Accountability is to propose policies and procedures on matters related to the efficient and effective resource management, performance measurement, and accountability of Florida’s trial courts. In In re: Commission on Trial Court

Performance and Accountability, No. AOSC06-54 (Fla. Sept. 19, 2006), the

Commission was directed to make recommendations on the effective and efficient management of due process services with a focus on clarifying the legal and operational issues arising from the use of digital technology and with developing operational standards and best practices for providing court reporting services.

In October 2007, the Commission submitted a report to the Supreme Court entitled Recommendations for the Provision of Court Reporting Services in

Florida’s Trial Courts. The Commission also submitted a supplemental report to the Supreme Court under the same title in November 2009. Both reports focused

-2-on recommended standards of operation and best practices for court reporting services.

In In re: Court Reporting Services in Florida’s Trial Courts, No. AOSC10-1

(Fla. Jan. 7, 2010), the Supreme Court adopted standards of operations and best practices for court reporting as a means to ensure the effective, efficient, timely, and uniform provision of court reporting services in Florida’s trial courts.

Based on the trial courts’ experience in implementing the standards of operations and best practices for court reporting, the Commission on Trial Court

Performance and Accountability recommended a revision to Standards of

Operation XVI.A.1., 2., and 3., with regard to Producing Copies of Recordings.

The revision is designed to further standardize court operations and minimize unnecessary workload for the trial courts, while continuing to protect from inappropriate release any confidential information that may be captured on electronic recordings.

The attached revised standards of operation and best practices are hereby adopted. The entities responsible for compliance with specific standards of operation and best practices are identified on the attachment.

1. A “standard of operation” is defined as a mandatory practice and a

“best practice” is defined as a suggested practice to improve operations but, due to the possibility of local conditions beyond the court’s control, is not required.

-3-

The Office of the State Courts Administrator is charged, time and resources permitting, with assisting the trial courts in implementing the standards and best practices including: establishing performance goals, developing or revising data collection systems to monitor performance, providing educational opportunities and resource materials, and providing other technical assistance as needed.

The Trial Court Budget Commission is charged with monitoring court reporting budgets to ensure, to the extent possible given the fiscal environment, that all trial courts have the appropriate level of resources to implement and maintain adherence to the standards of operation and best practices.

The attached revised standards of operation and best practices are incorporated herein by reference and shall be effective upon the signing of this order. This administrative order revises and supersedes the policy contained in

Administrative Order AOSC10-1.

DONE AND ORDERED at Tallahassee, Florida, on July 20, 2011.

Chief Justice Charles T. Canady

ATTEST:

Thomas D. Hall, Clerk of Court

Standards of Operation and Best Practices for Court Reporting Services in

Florida’s Trial Courts Revised July 15, 2011

[Entities responsible for implementation of the standards and practices are identified in brackets]

I. Court Reporter Qualifications

A. Standard of Operation

1. Court reporting employees and contract service providers shall meet all professional standards and training requirements established by Florida statute, court rule, the State Courts System, and the chief judge of the circuit.

[All trial courts and all court reporting employees and contractors]

B. Best Practices

1. Court employees or contractors providing stenographic services for the State

Courts System will achieve and maintain the designation of Registered

Professional Reporter (RPR) as defined by the National Court Reporters

Association. [Stenographic employees and contractors]

2. Court employees or contractors providing digital court reporting or transcript services for the State Courts System will achieve and maintain certification with the American Association of Electronic Reporters and Transcribers

(AAERT). [Digital court reporting employees and contractors]

3. Court employees or contractors providing voice-writing services for the State

Courts System will achieve and maintain certification with the National

Verbatim Reporters Association (NVRA).

[Voice-writing employees and contractors]

4. Judicial circuits shall ensure availability to real-time stenographic services, either through the use of court employees or contract service providers.

[All trial courts]

II. Oversight

A. Standards of Operation

1. Court reporting program employees and contract service providers are officers of the court and must comply with all applicable Florida statutes, court rules, and other requirements as established by the State Courts System and the chief judge of the circuit. [All court reporting employees and contractors]

2. Judicial circuits shall comply with court reporting contracting requirements as established by the State Courts System. [All trial courts]

III. Use of Clerk of Court Staff

1. Judicial circuits shall not engage clerk of court staff to provide court reporting services, other than those services or responsibilities established by Florida statute, court rule, and the State Courts System. [All trial courts]

IV. Cross-training

A. Best Practice

1. Judicial circuits shall explore cross-training initiatives with their court reporting employees for the provision of court reporting services.

V. Assigning Coverage

1. Court staff responsible for scheduling hearings and preparing dockets will provide dockets to the court reporting manager or other designated court administration professional or contract service provider as far in advance as possible to ensure adequate time to assign appropriate court reporting coverage of proceedings. [All court staff responsible for scheduling hearings and preparing dockets]

VI. Eliminating Analog Recording

1. Judicial circuits shall refrain from utilizing analog audio recording and should attempt, where practical, to replace analog with digital recording capability.

VII. Service Delivery Models

1. Judicial circuits shall implement procedures for assigning court reporting coverage of proceedings recorded at public expense as follows:

a. Digital court reporting alone should be used for county criminal, domestic violence injunction, delinquency, dependency, Baker Act, Marchman Act, guardianship, Jimmy Ryce, and general magistrate/hearing officer proceedings.

b. Either stenography or digital court reporting may be used for circuit criminal proceedings (unless digital court reporting is otherwise unavailable), termination of parental rights proceedings, crossover cases (Unified Family Court cases), and proceedings taking place outside of the regular business hours of the court.

c. Stenography alone should be used for capital cases and circuit criminal trials. Specifically, real-time or CAT stenography should be prioritized for capital case trials and post conviction proceedings.

VIII. Monitoring Ratios

1. Judicial circuits shall implement procedures for assigning the monitoring of proceedings recorded at public expense using the following ratios of the number of proceedings vs. court reporters.

a. Circuit criminal trials, capital cases, county criminal trials, Jimmy

Ryce trials, and termination of parental rights proceedings should be monitored at a 1:1 ratio.

b. Delinquency and dependency proceedings should be monitored at a

2:1 ratio. All other circuit and county criminal proceedings and domestic violence injunction proceedings should be monitored at a 3:1 ratio.

c. Baker Act, Marchman Act, guardianship, and Jimmy Ryce proceedings should be monitored at a ratio of 4:1. However, this ratio may be lowered to 1:1 if these proceedings are held offsite and/or the presiding judicial officer is using a portable digital device.

d. General magistrate/hearing officer proceedings should also be monitored at a ratio of 4:1, if monitored by a digital court reporter as opposed to the presiding magistrate or hearing officer.

IX. Participant Responsibilities

1. Judicial circuits shall codify the responsibilities of all participants during a proceeding to ensure the quality of the official record. [All trial courts]

1. Judges, general magistrates, and hearing officers shall: notify participants of the method of recording being utilized, remind participants to speak into the microphone at a sufficient volume and answer verbally; ask participants to identify themselves and spell their names for the record; notify court administration, the clerk, or contract service provider if equipment has been tampered with or is not functioning; remind participants to protect the equipment; signify when it is appropriate for attorneys to utilize mute buttons;

and recess periodically during lengthy proceedings so that court reporters may remain alert and effective. [Judges, general magistrates, and hearing officers]

2. Attorneys shall inform their clients of the method of recording being utilized and take necessary precautions to protect disclosure of confidential communications during the proceeding. [Attorneys]

3. Court reporters shall monitor equipment during a proceeding to ensure adequate operation and immediately notify the presiding judicial officer of problems with the equipment. [Court reporters]

4. Bailiffs shall ensure that all participants refrain from tampering with equipment including the inappropriate use of microphone mute buttons or the unauthorized removal of microphones from their original location. [Bailiffs]

X. Preventing the Recording of Confidential Communications

1. Judicial circuits shall post signs inside and outside of all rooms in which proceedings are recorded using audio technology. The signs shall provide notice to all who enter that any conversations occurring in the room may be recorded. [All trial courts]

1. Judicial circuits shall post signs at attorney tables within rooms in which audio technology is used to record proceedings. The signs shall caution attorneys and their clients that their conversations may be recorded. [All trial courts]

2. Judicial circuits shall install microphones with “hold-to-mute” capability for those microphones used by attorneys or presiding judicial officers in proceedings recorded using non-portable digital technology. [All trial courts]

3. Judicial circuits shall conduct periodic training for stakeholders commonly coming into contact with the use of audio recording technology. The training shall include a description of how the technology is operated and tips for effective courtroom behavior specific to the stakeholder. [All trial courts]

4. Judicial Circuits shall distribute and/or make readily available audio recording resource materials (i.e., pamphlets, guide books, operator manuals, etc.) for stakeholders to assist with ensuring the quality of the official record.

XI. Operating Digital Recording Equipment

1. Digital recording systems shall comply with all statewide standards for digital court recording as established by the Florida Courts Technology Commission.

2. Judicial circuits shall implement procedures for regular testing of digital court recording systems to ensure proper operation. [All trial courts]

XII. Tagging the Digital Recording

1. Judicial circuits shall ensure appropriate tagging of digital recordings is performed for proceedings in which there is a significant likelihood that transcripts will be requested. [All trial courts]

2. Judicial circuits shall establish standardized “tags” and produce a reference document of same to be distributed to all circuit court reporting staff, contract service providers, and approved transcriptionists. [All trial courts]

XIII. Ownership of the Official Record

1. The court shall retain ownership and control over the official record whether it is in paper or electronic format. The court shall also reserve the right to full and complete access to any unedited notes, paper tapes, electronic files, and audio or video recordings used to create the official record. [All trial courts]

XIV. Storage

1. Judicial circuits, contract service providers, and vendors of digital technology shall comply with all storage and retrieval standards for digital court recording as established by the Florida Courts Technology Commission and otherwise established by the State Courts System and the chief judge of the circuit.

[All trial courts, court reporting contractors, and court reporting technology vendors]

2. Judicial circuits shall codify record retention protocols to be applied to stenographic paper tape/notes, unedited CAT/real-time text, analog and digital recordings in accordance with rule 2.430, Florida Rules of Judicial

Administration. [All trial courts]

3. Judicial circuits shall implement storage and retrieval procedures to ensure timely and secure access to transcripts, analog or digital recordings, and any supporting materials related to the production of the official record.

1. Judicial circuits shall examine the provision of secure and direct access to a network of electronic files and digital recordings related to the official record for certain internal stakeholders of the court such as court reporting employees, judges, general magistrates, and hearing officers. Circuits shall also examine the feasibility of providing limited and secure access to other stakeholders such as state attorneys, public defenders, and court-appointed counsel. [All trial courts]

2. Judicial circuits shall not disclose back-up recordings of proceedings to persons not employed or contracted by the court. [All trial courts]

XV. Transcript Production

1. Transcripts may only be produced by employee or contract court reporters and transcriptionists approved by the court in accordance with rule 2.535, Florida

Rules of Judicial Administration. [All trial courts]

2. All persons approved by the court to perform court reporting transcription services shall comply with all applicable court rules and standards established by the State Courts System and the chief judge of the circuit.

[Court approved transcriptionists]

3. All judicial circuits shall codify protocols for transcript production in accordance with court rule and standards established by the State Courts

System. These protocols shall include, but are not limited to: procedures preventing transcription of off-the-record discussions, sidebar conferences, attorney-client conversations; and other confidential information; the court’s process for approving transcription services; and certification of the transcript for correctness. [All trial courts]

4. Judicial circuits shall enter an administrative order developing and implementing a circuit-wide plan for court reporting in all trials in which the state seeks the death penalty and in capital postconviction proceedings in accordance with rule 2.535, Florida Rules of Judicial Administration.

5. All persons approved by the court to perform court reporting transcription services shall give priority to capital cases in the production of transcripts.

[Court approved transcriptionists]

6. Judicial circuits shall prohibit the “loaning out” of stenographic notes in capital cases to ensure the court reporter has immediate access to the notes for production of the transcript. [All trial courts]

7. Judges shall give immediate instruction to the court reporter to begin transcription upon the return of the verdict in capital cases and immediately initiate an order approving the production of the transcript (if applicable).

[Judges]

8. Judicial circuits shall incorporate requirements related to expedited transcript requests in court reporting service contracts. [All trial courts]

9. Judicial circuits shall specify consequences for contractors who fail to meet expedited transcript requirements in court reporting service contracts.

1. Judicial circuits shall encourage collegiality between all persons involved in expediting transcripts for capital cases. [All trial courts]

2. Judicial circuits shall collaborate with appellate courts regarding the oversight and management of the court reporting process, with particular emphasis on the production of transcripts for capital, dependency, and termination of parental rights cases. [All trial and appellate courts]

3. When requested, judicial circuits may provide a transcript for: appellate review, other purposes in which a transcript is considered a necessity by the court in the best interest of justice, or if an audio/video…