Attachment_A__Draft_Contract.pdf

BREVARD COUNTY, FLORIDA

PRETRIAL AND MISDEMEANOR ROBATION SERVICES AGREEMENT

PUBLIC SAFETY DEPARTMENT

RFP 7-26-11

PRETRIAL AND MISDEMEANOR PROBATION SERVICES

AGREEMENT FOR PRETRIAL AND MISDEMEANOR SERVICES

THIS AGREEMENT (hereinafter “Agreement”) by and between the Board of County Commissioners of Brevard County, Florida, a political subdivision of the State of Florida (hereinafter the “County”), and _____________., a business having its primary business location at _______, (hereinafter the “Contractor”).

RECITALS:

WHEREAS, THE County advertised a Request for Proposal (RFP7-26-11) on _____________, to competitively select a firm with experience and qualifications to provide Pretrial and Misdemeanor Probation Services for Brevard County, Florida in the Eighteenth Judicial Circuit Court, and

WHEREAS, the Contractor submitted a competitive proposal and was found to have the most experience and qualifications of the proposers that submitted proposals to the County’s RFP 7-26-11 by the Selection and Negotiation Committee; and

WHEREAS, the County desires to obtain the services of said Contractor, who has demonstrated through the Contractor’s proposal to RFP 7-26-11 that the Contractor has the experience and qualifications to provide Pretrial and Misdemeanor Probation Services to the County; and

WHEREAS, the Contractor hereby certifies that the Contractor has been granted and possesses valid, current licenses to do business in the State of Florida and Brevard County, Florida, issued by the respective State Boards and Government agencies responsible for regulating and licensing the services to be provided and performed by the Contractor pursuant to this Agreement and for RFP 7-26-11; and

WHEREAS, the selection and engagement of the Contractor has been made by the County in accordance with the provisions of Section 287.057, Florida Statutes, “Procurement of commodities or contractual services, and in accordance with the applicable Brevard County Board of County Commissioners’ Policies.

NOW THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows:

1. RECITALS. The above recitals are incorporated into this Agreement by this reference.

2. ADMINISTRATION.

a. The Public Safety Office administers this Agreement, a Brevard County Board of County Commissioners office, hereinafter referred to as the Office.

b. Unless stated otherwise by the County, in case of any conflict between the Contract

Documents, the order of precedence shall be as follows (as applicable: (1) Addenda (with those of later date having precedence over those of earlier date); (2) this Agreement (hereinafter the “Agreement”); (3) the County’s Request for Proposal RFP 7-26-11; (4) the Contractor’s response to RFP 7-26-11; (5) any other associated documents.

3. NON-EXCLUSIVE CONTRACT.

The Parties acknowledge that this Agreement is not exclusive, and the County may employ other similar contractors to furnish services to the County.

4. SCOPE OF THE WORK:

The Contractor shall furnish all staff, labor, office space, office equipment (including its own computer network, hardware and software), materials, permits, equipment, machinery, tools, apparatus, supervision, transportation and any and all other items or services of any type whatsoever, which are necessary to fully perform and complete all work or services specified in “Exhibit A”, attached hereto and incorporated herein and hereinafter referred to as (“work” or “services”).

The Contractor will provide access to its computer network for 5 County staff, two of whom will be responsible for supervising cases sentenced by the Court to be supervised under misdemeanor probation services. The other two will be the County’s Community Corrections Supervisor and Agency Coordinator, both of whom will monitor the County's contract. County staff will be provided with access to the Contractor’s computer systems network and Internet access to all case files on a 24/7/365 basis.

Additionally, the Contractor will be required to maintain a network with a security program consistent with federal and state laws, regulations, and standards, including: (1) the Security Addendum, in including its legal authority and purpose; (2) the NCIC Operating Manual; (3) the CJIS Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20. The Contractor and all its employees will be required to certify that they are familiar with the contents of the above documents. This Certification is Exhibit C to this Contract.

5. TERM: The term of the Agreement shall be for a period of five (5) years beginning on the date of the signed and executed agreement.

6. COMPENSATION: Services performed in accordance with this Agreement shall be provided at no cost to the County. The Contractor shall derive compensation for services solely from probationers. The fee schedule for services is attached hereto, and incorporated herein, as “Exhibit B”. All fees for services shall remain firm and not increase for the term of the Agreement, without the County's prior written approval. Requests must be in writing, including justification and supporting documentation for the change, and be sent directly to the Purchasing Manager for consideration.

7. COLLECTION OF FEES:

a. The Contractor agrees to collect all fees for Cost of Supervision, Community Service insurance, and drug testing. The Clerk of the Court shall collect all monies for fines, costs, surcharges, and restitution

b. The Contractor is entitled to collect from each probationer the cost of supervision as may be ordered by the sentencing County Court judge and as authorized by Florida Statute. The County or the County Court may review this amount annually and, at its discretion, order an increase for new cases, in accordance with Florida law.

c. The sentencing County Court judge may, in his/her discretion, order that the fees associated with the cost of supervision be waived in cases involving indigent probationers, and the Contractor agrees to accept such cases at no cost to the County, the County Court, or the probationer.

d. Neither the County, the Chief Judge, County Court judges, nor the Court Administrator assumes any liability to the Contractor for costs of supervision or for any uncollected fees. The Contractor agrees to look solely to the individual supervised for such payments. Additionally, neither the County nor the County Court makes any representations regarding the number of cases that will be assigned to the Contractor.

e. A written document detailing procedures for handling the collection of all offender fees will be provided by the Contractor to the Administrative County Court judge, or his/her designee, the Clerk of the Court, and the County. This document will outline how the Contractor will track monies collected by the Contractor and by the Clerk.

f. The parties shall be open to further discussion regarding the arrangement for the collection of the various fines, costs, surcharges, and restitution. The Contractor has the option to provide information to the Clerk of the Court regarding its capabilities in the collection of the various sums of money. Should the County, Clerk, and the Contractor agree to enter into another arrangement, other than what has been set forth herein, for the collection of the various sums of money collected from persons supervised under this Agreement, the County Manager is authorized to execute this amendment on behalf of the County pursuant to paragraph 8 below.

6. INDEMNIFICATION: The County shall be held harmless against any and all claims for bodily injury, sickness, disease, death, personal injury, damage to property or loss of use of any property or assets resulting therefrom, arising out of or resulting from the performance of the products or from the services for which the County is contracting hereunder, provided such is caused in whole or in part by any negligent act or omission of the Contractor, or any subcontractor or any of their agents or employees, or arises from a job-related injury.

The Contractor agrees to indemnify the County and pay the cost of the County’s legal defenses, including fees of attorneys as may be selected by the County, for all claims described in the hold harmless clause herein. Such payment on behalf of the County shall be in addition to any and all other legal remedies available to the County and shall not be considered to be the County’s exclusive remedy.

It is agreed by the parties hereto that specific consideration has been received by the Contractor under this Contract for this hold harmless/indemnification provision.

7. MODIFICATIONS TO AGREEMENT: This Agreement, together with any exhibits, task assignments, and schedules, constitutes the entire Agreement between the County and the Contractor and supersedes all prior written or oral understandings. This Agreement and any exhibits, task assignments, and schedules may only be amended, supplemented, or canceled by a written instrument duly executed by the parties hereto, except as otherwise provided for herein.

The Board of County Commissioners hereby authorizes the County Manager to execute any amendments to the Agreement on behalf of the County that may become necessary based on new or changes to existing Administrative Orders issued by the Chief Judge of the Eighteenth Judicial Circuit, new legislation, or other changes approved by the County Manager.

8. INSURANCE: The Contractor providing services under this Contract will be required to procure and maintain, at their own expense and without cost to the County, until final acceptance by the County of all products or services covered by the purchase order or contract, the following types of insurance. The policy limits required are to be considered minimum amounts:

a. General Liability Insurance: General Liability Insurance policy with a $1,000,000 combined single limit for each occurrence to include the following coverage: Operations, Products and Completed Operations, Personal Injury, Contractual Liability covering this contract, “X-C-U” hazards, and Errors & Omissions, and complete Workers’ Compensation Coverage, as required by State of Florida law, shall be provided.

b. Auto Liability Insurance, which includes coverage for all owned, non-owned, and rented vehicles with a $1,000,000 combined single limit for each occurrence.

c. Workers’ Compensation and Employers Liability Insurance: Workers' Compensation insurance providing statutory benefits as required in the State of Florida. The Contractor shall require any subcontractor to provide evidence of this coverage. Additionally, if the contract requires working on or around a navigable waterway, the Contractor and all subcontractors shall provide evidence of United States Longshoremen’s and Harbor Workers (USL&H) coverage and contingent coverage of Jones Act (Marine Employers Liability) in compliance with Federal statutes or proof of exemption. The Contractor shall be responsible for compliance with these requirements by each subcontractor or supplier when applicable.

d. Professional Liability Insurance. In the event that the contract involves professional or consulting services, in addition to the aforementioned insurance requirements, the Contractor shall also be protected by a Professional Liability Insurance Policy in the amount of $1,000,000 per claim.

Insurance Certificates: The Contractor shall provide the required Insurance Certificates within five (5) days of the County's posting the Notice of Award that demonstrate that the insurance requirements have been met prior to the execution of the contract and the commencement of work under this contract. The certificate(s) of insurance (COI) shall indicate that the policies have been endorsed to cover the County as an additional insured (a waiver of subrogation in lieu of additional insured status on the workers compensation policy is acceptable) and that these policies may not be canceled or modified without thirty (30) days prior written notice to the County.

The insurance coverage enumerated above constitutes the minimum requirements and shall in no way lessen or limit the liability of the Contractor under the terms of the contract.

Subcontractor’s insurance shall be the responsibility of the Contractor.

9. ATTORNEY’S FEES: In the event of any legal action to enforce the terms of this Agreement, each party shall bear its own attorney’s fees and costs.

10. GOVERNING LAW: This Agreement shall be governed, interpreted, and construed according to the laws of the State of Florida.

11. COMPLIANCE WITH STATUTES: It shall be the Contractor’s responsibility to be aware of and comply with all federal, state, and local laws.

12. LICENSING: The Contractor, at its sole expense, shall obtain all required federal, state, and local licenses, occupational and otherwise, required to successfully provide the services set forth herein.

13. LITIGATION VENUE: All litigation shall take place either in the State Courts of Florida, wherein venue shall lie in Brevard County, Florida, or in the Federal Courts, wherein venue shall lie in the Middle District in and for the State of Florida. The Contractor expressly waives venue in any other location.

14. ASSIGNMENTS/SUBCONTRACTS: Contractor shall not assign any portion of this Agreement without the written permission of the County.

Additionally, the Contractor, in executing any orders to purchase supplies or materials or any other subcontracts, should keep in mind the termination provision of Paragraph 15. No order or subcontract should be executed by the Contractor that cannot be terminated by the Contractor by giving thirty (30) days’ notice.

The Contractor shall provide the County with copies of any subcontracts executed by the Contractor in the performance of this agreement.

15. CONTRACT TERMINATION. The contract resulting from this bid shall commence upon issuance and acceptance of the fully executed contract. The County user agency shall issue orders against the contract as needed. The contract may be canceled by the Contractor, for good cause, upon ninety (90) days' prior written notice. The County retains the right to terminate the contract, in part or in its entirety, with or without good cause, upon thirty (30) days' prior written notice or as stated herein. In the event of termination by either party as provided herein, the awarded Contractor shall be paid for services performed through the date of termination.

16. CONTRACTOR RESPONSIBILITIES: Contractors, by submitting a bid, certify that it understands all planning, coordinating, and implementation of the described services shall be done through personal contact between the Contractor and the contract manager, and that telephone contact and mail correspondence may, in some cases, not be appropriate. County-approved representatives of the Contractor shall be available to meet with the contract manager, as may be required, to accomplish the County’s objectives as effectively and efficiently as possible, during all phases of this agreement/contract/bid.

17. RIGHT TO AUDIT RECORDS:

In the performance of this Agreement, the Contractor shall keep books, records, and accounts of all activities related to the Agreement in compliance with generally accepted accounting principles. All documents, papers, books, records, and accounts made or received by the contractor in conjunction with the Agreement and the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office, and shall be retained by the contractor for a period of five (5) years after termination of this Agreement—unless such records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes, as amended from time to time.

18. FLORIDA PUBLIC RECORDS LAW:

Both parties understand that the County is subject to the Florida Public Records Law, Chapter 119, Florida Statutes, as amended from time to time, and all other applicable Florida Statutes. If the materials provided by the Contractor do not fall under a specific exemption under Florida or federal law, materials provided by the Contractor to the County would have to be provided to anyone making a public records request. It will be the Contractor’s duty to identify the information, which it deems is exempt under Florida/federal law, and identify the statute by number, which exempts that information.

Should any person or entity make a public request of the County—which requires or would require the County to allow inspection or provide copies of records which the Contractor maintains are exempt from Public Records Law or are confidential—it shall be the Contractors obligation to provide the County within 24 hours (not including weekends and legal holidays), of notification by the County to the Contractor of the request, of the specific exemption or confidentiality provision so the County will able to comply with the requirements of Chapter 119, Florida Statutes.

Should the County face any kind of legal action to require or enforce inspection or production of any records provided by the Contractor to the County, which the Contractor maintains are exempt or confidential from such inspection/production as a public record, then the Contractor shall hire and compensate attorney(s) who shall represent the interests of the County as well as the Contractor in defending such action. The Contractor shall also pay any costs to defend such action and shall pay any costs and attorney fees, which may be awarded pursuant to Section 119.12, Florida Statutes.

All material submitted becomes the property of the County and may be returned only at the

County's option. The County has the right to use any or all ideas presented in any reply to this ITB.

Selection or rejection of any bid does not affect this right.

19. TRANSFER OF RECORDS.

a. Every six (6) months beginning from the execution of this contract, the Contractor shall transfer to the County all data created according to this Agreement by the Contractor’s employees (or transferred into the Contractor’s databases) for the prior six months for the services provided by the Contractor under this Agreement. Should software or hardware issues or problems interfere with the timely transfer of the data, the Contractor shall immediately inform the County of the issue/problem, the anticipated time for correction, and when the Contractor shall transfer the data, including the delay for delivery or any data not previously delivered to the County, to ensure the County has all the data.

b. Along with the data, the Contractor will provide a data dictionary which will include table and field names and descriptions that meaningfully describe the purpose and usage of the data.

c. The Contractor will provide the information in a manner acceptable to the County, which can be easily accessed, deciphered, and will be immediately usable by the County. The Contractor shall work with the County (Public Safety Group and Information Technology Departments) to develop the manner and form in which the data will be transmitted/transferred in order for the data to be readily used by the County or other Contractor should this Contract be terminated by either party. The parties shall agree upon the format within sixty (60) days of the execution of this Agreement.

d. An Exhibit setting forth this data transfer form, manner, and methodology shall be executed by the County’s Director of Information Technology Services and the authorized signatory for the Contractor and shall become an Attachment to this Contract.

e. Should the 30-day termination clause in this agreement be invoked, an immediate transfer of data shall occur on the date the Contractor has notice of the invocation of the termination clause, and again upon the effective date of the termination, for any data not previously delivered to the County.

f. Failure of the Contractor to abide by the terms of paragraphs 17, 18 or 19 (or the records provisions of any attachment to this Contract) shall be deemed a material breach of this agreement and the Brevard County Board of County Commissioners may enforce the terms of this provision through litigation and shall be entitled to reimbursement of all attorney’s fees and costs associated with that litigation in addition to any other costs or damages experienced by the County as a result of the Contractor’s failure comply with these records requirements. This provision shall survive any termination or expiration of the contract

21. UNAUTHORIZED ALIEN WORKERS: Pursuant to Section 448.095, Florida Statutes, Brevard County will not accept bids from Contractors who knowingly employ unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S. Code § 1324a(e) (Section 274A(e) of the Immigration and Nationality Act “INA”). The County shall consider a Contractor’s intentional employment of unauthorized aliens as grounds for immediate termination of any awarded proposal. Before entering into any contract with the County, the Contractor shall register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. If the County is unable to electronically verify the responsive, responsible Contractor in the United States Department of Homeland Security E-Verify System, the Contractor shall be required to submit a copy of the fully executed E-Verify Memorandum of Understanding before the County will enter into a contract or issue notice to proceed with the Contractor.

22. FEDERAL TAX ID NUMBER: The Contractor shall provide to the County its Federal Tax ID Number or, if the Contractor is a sole proprietor, a Social Security Number.

23. PUBLIC ENTITY CRIMES: The Contractor is hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;

may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

24. SEVERABILITY: All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on any other provision of this Agreement. It is understood by the parties hereto that if any part, term or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the State of Florida or the United States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid.

25. WAIVER: Failure of the parties to insist upon strict performance of any of the covenants, terms, provisions, or conditions of this Agreement or to exercise any right or option herein contained, shall not be construed as a waiver or a relinquishment for the future of any such covenant, term, provision, or condition, or right of election, but same shall remain in full force and effect.

26. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed as resulting from joint negotiation and authorship. The parties agree that they have fully reviewed this Agreement, its attachments/exhibits and have had the opportunity to consult with legal counsel of their choice, and that this Agreement shall not be construed against any party as if they were the drafter of this Agreement.

27. NOTICE: Notice under this agreement shall be given by certified mail or hand delivery as follows:

To the County: Matt Wallace, Director, Public Safety 1040 S. Florida Avenue Rockledge, FL. 32955

To the Contractor:

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written.

BREVARD COUNTY, FLORIDA

By: __________________________________ Date: ______________________ Brevard County Manager or Designee As approved by the Board on 9/15/2025

REVIEWED FOR LEGAL

FORM AND CONTENT:

By: ______________________ Assistant County Attorney

CONTRACTOR:

By: _________________________________ Signature Date: ________________________________

Name & Title, Typed or Printed Name of Company, Corp., etc.

Mailing Address City, State, Zip Area Code/Telephone Number

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT B

FEE SCHEDULE FOR SERVICES PROVIDED BY CONTRACTOR