IMPORTANT! - PLEASE READ CAREFULLY BEFORE RESPONDING

GENERAL PROVISIONS

ACKNOWLEDGMENT OF AMENDMENTS

Offerors shall acknowledge receipt of any amendment to the solicitation by letter, by returning a copy of the issued amendment with the submittal, or notation on the submitted proposal. The acknowledgment must be received by Pasco County by the time and at the place specified for the receipt of proposals. Failure to acknowledge an issued amendment may result in submittal rejection and disqualification.

ADDITIONAL INFORMATION

Questions concerning this request must be submitted in writing to Scott Stromer, Purchasing Director, Pasco County Purchasing Department; 8919 Government Drive; New Port Richey, Florida 34654; fax machine number (727) 847-8065. Offerors are cautioned that any statements made by individuals, or employees of Pasco County, that materially change any portion of this request shall not be relied upon unless subsequently ratified by a formal written amendment. No questions will be accepted after ten (10) days prior to the date set for opening.

ASSIGNMENT

The contractor shall not assign, transfer, convey, sublet, or otherwise dispose of any award or any or all of its rights, title, or interest therein, or delegate the duties hereunder without the prior written consent of Pasco County.

APPLICABLE LAW

The resulting contract shall be governed in all respects by the laws of the State of Florida, and any litigation with respect thereto shall be brought in the courts of Pasco County, Florida. The contractor shall comply with all applicable Federal, State, and local laws and regulations. Lack of knowledge by the offeror will in no way be a cause for relief from responsibility.

CANCELATION

Pasco County reserves the right to cancel a resulting contract, without cause, by giving thirty (30) days' prior written notice to the contractor of the intention to cancel, or with cause if at any time the contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any of the provisions of a resulting contract will be considered a material breach of contract and shall be cause for immediate termination of the contract at the sole discretion of Pasco County. In addition to all other legal remedies available to the County, Pasco County reserves the right to cancel and obtain from another source any services which have not been provided within the required period of time, or if no such time is stated, within a reasonable period of time from the date of order or request, as determined by the County.

CONFLICT OF INTEREST

The contractor, by responding to this request, certifies that to the best of his/her knowledge or belief, no elected/appointed official or employee of the County is financially interested, directly or indirectly, in the offer of services specified in this request. Furthermore, as part of the resulting contract, the contractor must warrant that its firm will not engage in providing consulting or other services to any private entity regarding any property within the defined geographic area during the term of the resulting contract.

CONTRACT TERM AND REQUIREMENTS

It is the County’s intent to develop an ongoing contract for the services specified herein, contingent upon the appropriation of funds. The initial contract term shall begin on January 1, 2007 and continue through September 30, 2007. The contents of the proposal submitted by the successful firm, with any amendments or subsequent revisions, will become part of the resulting contract.

CONTRACT EXTENSION

The resulting contract may be extended for two (2) additional one (1) year terms upon the same terms as set forth herein, provided both parties mutually agree in writing at least sixty (60) days prior to the expiration of the initial agreement term. The contract prices shall remain firm for the initial contract period. The unit prices for ensuing contract years shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index for All Urban Consumers (CPI‑U). If extended, the contract unit prices for the each of the additional one (1) year terms will be changed by Pasco County, upon written request of the vendor, in an amount no more than the percentage of movement of the CPI‑U (Table A) for "All Items" (unadjusted) for the twelve (12) month period ending in the month of July preceding the beginning of the next contract term. The contract prices changed as a result of these adjustments shall become effective on October 1, 2007 (July 2007 CPI), and October 1, 2008 (July 2008 CPI), respectively.

The successful contractor shall irrevocably transfer, assign, set over, and convey to Pasco County all rights, title, and interest, including the sole exclusive and complete copyright interest, in any and all copyrightable works created pursuant to the resulting contract. The contractor further agrees to execute such documents as Pasco County may request to effect such transfer or assignment. Further, the contractor agrees that the rights granted to Pasco County by this paragraph are irrevocable. The contractor's remedy in the event of termination of or dispute over any agreement entered into as a result of this Request for Proposals shall not include any right to rescind, terminate, or otherwise revoke or invalidate in any way the rights conferred pursuant to the provisions of this paragraph. Similarly, no termination of any agreement entered into as result of this Request for Proposals shall have the effect of rescinding, termination, or otherwise invalidating the rights acquired pursuant to the provisions of this paragraph.

DEBARMENT

By submitting a response, the offeror certifies that it is not currently debarred from submitting proposals for contracts issued by any political subdivision or agency of the State of Florida and that it is not an agent of a person or entity that is currently debarred from submitting proposals for contracts issued by any subdivision or agency of the State of Florida.

EXPENSES INCURRED IN PREPARING PROPOSAL

Pasco County accepts no responsibility for any expense incurred by the offeror in the preparation and presentation of a proposal. Such expenses shall be borne exclusively by the offeror.

FAILURE TO DELIVER

In the event of failure of the contractor to deliver the services in accordance with the contract terms and conditions, Pasco County may procure the services from other sources and hold the contractor responsible for any resulting additional costs. A failure to deliver will result in immediate termination of a resulting contract, and immediate disqualification and debarment from submitting bids, proposals, or proposals to Pasco County for a maximum of three (3) years. These remedies shall be in addition to any other remedies that Pasco County may have available.

INDEMNIFICATION

In consideration of the sum of Fifteen and 00/100 Dollars ($15.00), the receipt and sufficiency of which is acknowledged by the contractor to be included and paid for in the contract price, the contractor shall indemnify, defend, and hold harmless Pasco County and its agents and employees from and against all liabilities, claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance of the work, provided that any such liability, claim, damage, loss, or expense: 1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom; and 2) is caused in whole or in part by any negligent act or omission of the contractor and subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except for those caused by the negligent act or omission of Pasco County.

In any and all claims against Pasco County or any of its agents or employees by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation, or benefits payable by or for the contractor or any subcontractor under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts.

INSURANCE REQUIREMENTS

Prior to execution of a contract and prior to the time the contractor is entitled to commence any part of the project, work, or services under such a contract, contractor should procure, pay for, and maintain the insurance coverages and limits, as required by the County. Said insurance shall be evidenced by delivery to the County of 1) certificates of insurance executed by the insurers listing coverages and limits, expiration dates and terms of policies and all endorsements whether or not required by the County, and listing all carriers issuing said policies; and 2) upon request, a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this contract. Exact insurance coverage and limits will be specified in the resulting contract.

INFORMALITIES AND IRREGULARITIES

The Pasco County Board of Commissioners reserves the right to reject any or all responses in whole or in part; and/or accept the response/proposals which is most advantageous and in the best interest of Pasco County.

NON-APPROPRIATION

All funds for payment by Pasco County under this contract are subject to the availability of an annual appropriation for this purpose by Pasco County. In the event of nonappropriation of funds by Pasco County for the services provided under the contract, Pasco County will terminate the contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancelation shall be accepted by the contractor on thirty (30) days' prior written notice, but failure to give such notice shall be of no effect and Pasco County shall not be obligated under this contract beyond the date of termination.

NON-CONFORMING TERMS AND CONDITIONS

A response that includes terms and conditions that do not conform to the terms and conditions in the proposal document is subject to rejection as nonresponsive. Pasco County reserves the right to permit the offeror to withdraw nonconforming terms and conditions from its response prior to a determination by Pasco County of nonresponsiveness based on the submission of nonconforming terms and conditions.

PRINCIPAL PERSONNEL

Principal or key personnel included in the proposal may not be substituted without prior written approval of Pasco County. Replacements for key personnel under contract must have equivalent professional qualifications and experience as those individuals listed in the proposal. Approval of substituted personnel will not be unreasonably withheld by Pasco County.

PROCUREMENT REGULATIONS

A copy of the Pasco County Procurement Ordinance is available for review at the County Purchasing Department, 8919 Government Drive, New Port Richey, Florida.

PROPOSAL ENVELOPES

Envelopes containing responses must be sealed and marked in the lower left hand corner with the request number, and date and hour of opening. Failure to do so may cause the offeror’s proposals not to be considered. Express Company, or Express Mail envelopes containing a sealed response shall also be sealed and marked in the lower left hand corner with the request number, and date and hour of opening.

PUBLIC INFORMATION

Upon public opening of all responses presented to Pasco County as a result of this solicitation, any and all information contained therein is considered public and may be reviewed by any persons interested in doing so.

RECOVERY OF MONEY

Whenever, under the contract, any sum of money shall be recoverable from or payable by the contractor to Pasco County, the same amount may be deducted from any sum due the contractor under the contract or under any other contract between the contractor and Pasco County. The rights of Pasco County are in addition and without prejudice to any other right Pasco County may have to claim the amount of any loss or damage suffered by Pasco County on account of the acts or omissions of the contractor.

RESERVATION OF RIGHTS

Pasco County may (1) amend or modify this RFP, (2) revise requirements of this RFP, (3) require supplemental statements or information from any firm, (4) accept or reject any or all responses, (5) extend the deadline for submission of responses, (6) negotiate or hold discussions with any offeror and to waive defects and allow corrections of deficient responses which do not completely conform to the instructions contained herein, and (7) cancel this RFP, in whole or in part, if Pasco County deems it in its best interest to do so. Pasco County may exercise the foregoing rights at any time without notice and without liability to any offering firm or any other party for their expenses incurred in the preparation of response or otherwise.

RESPONSE RECEIPT AND OPENING

Pasco County will receive sealed responses until the date and time indicated on the cover. Responses must be delivered, by hand or mail, to the Pasco County Purchasing Department, located at 8919 Government Drive, New Port Richey, Florida, where they will be opened at the stated time, READING ONLY THE NAMES OF THE SUBMITTING OFFERORS. Responses must be time stamped in the Purchasing Department before or on the hour and date indicated on the cover. Responses received after the date and time of the opening will be received, date stamped, and returned to the offeror unopened. It is the responsibility of the offeror to ensure that responses arrive at the designated opening place on time. Late or non-delivery due to mail or express delivery company failure will not be considered adequate reason for consideration of late responses. FACSIMILE (FAXED) RESPONSES WILL NOT BE ACCEPTED, AND SHALL NOT BE CONSIDERED FOR EVALUATION OR AWARD.

RIGHT TO AUDIT

The contractor shall maintain such financial records and other records as they relate to the purchase of goods and/or services by Pasco County from the subject vendor. The contractor shall retain these records for a period of three (3) years after final payment, or until they are audited by Pasco County, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent three (3) year period for examination, transcription, and audit by Pasco County, its designees, or other authorized bodies.

UNSATISFACTORY WORK

If, at any time during the contract term, the service performed or work done by the contractor is considered by Pasco County to create a condition that threatens the health, safety, or welfare of the community, the contractor shall, on being notified by Pasco County, immediately correct such deficient service or work. In the event the contractor fails, after notice, to correct the deficient service or work immediately, Pasco County shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the contractor. Notwithstanding the above, Pasco County reserves the right to cancel a resulting contract, without cause, by giving thirty (30) days' prior written notice to the contractor of the intention to cancel.

VERBAL COMMUNICATIONS

No oral statement of any person shall modify or otherwise affect the terms, conditions, requirements, or scope of work specified herein. All modifications must be made in writing by Pasco County.

END OF GENERAL PROVISIONS

STATEMENT OF WORK

1. Scope of Services

1.1 OUTPATIENT LEVEL II—DRUG COURT TREATMENT SERVICES

Contract will provide Outpatient Level II drug treatment services for defendants in Adult Drug Court and in Dependency Drug Court, as directed by the Court. Contract will provide foreign language interpreters for individual and group counseling sessions as deemed necessary.

All services will be provided in accordance with Chapter 65D-30, Florida Administrative Code. In addition to the standards proscribed in 65D-30.010(1), each defendant/respondent will be provided with counseling services that are consistent with Drug Court Level II outpatient treatment. The following required services exceed the standards for outpatient treatment as defined in 65D-30.010(1).

The following services will be provided to defendants within fourteen (14) days of receipt of Court referral. These services will be offered in both East and West Pasco County.

1.1.1 Group counseling services will be available day and night;

1.1.2 Group counseling will be offered two (2) hours daily, twice weekly for a minimum of twelve (12) weeks;

1.1.3 Screenings, assessments and subsequent recommendations, if any, will be provided to the Court;

1.1.4 Individual treatment and discharge planning will be made within thirty (30) days. Treatment evaluations will be made every thirty (30) days;

1.1.5 Urine Drug Screenings or Oral Swab Drug Screenings will be given on a weekly basis for multiple drugs;

1.1.6 Provide consultation or referral arrangements will be made where psychiatric, medical or other social services are deemed appropriate; AND

1.1.7 Participation by clients in community self-help groups, such as NA (Narcotics Anonymous) or AA (Alcoholics Anonymous), will be encouraged. Attendance at these meeting shall not, however, constitute part of the requirement for substance abuse counseling.

Adult Drug Court and Dependency Drug Court will be provided with the following:

1.1.8 Notification of client’s arrival for screening process, inclusive of client’s acceptance/non-acceptance into treatment setting;

1.1.9 Notification of treatment start date;

1.1.10 Evaluation recommendations;

1.1.11 Reports for judicial reviews no later than forty-eight (48) hours prior to a regularly scheduled judicial review hearing (including attendance, UDS [Urine Drug Screen] results, treatment progress reports);

1.1.12 Immediate notification of termination, discharge or elopements;

1.1.13 Immediate notification of violation of terms of treatment (i.e. failed drug screens, missed treatment appointments, etc.);

1.1.14 Immediate notification of hospitalization or significant disruption of treatment process;

1.1.15 Discharge information will be supplied to the Court, and a copy will be forwarded to the Department of Corrections;

1.1.16 Court appearances by the Contractor will be made as ordered; and

1.1.17 Client-related data and status information will be provided in a manner and in a format required by the Court. This format may include electronic data submission, which meets Court-determined specifications.

1.1.18 Weekly written reports will be made to the Court on the status of treatment availability.

1.2 OUTPATIENT LEVEL III—DRUG COURT TREATMENT SERVICES

Contractor will provide Outpatient Level III drug treatment services for defendants in Adult Drug Court and Dependency Drug Court, as directed by the Court. Contractor will provide foreign language interpreters for individual and group counseling sessions as deemed necessary.

All service will be provided in accordance with Chapter 65D-30, Florida Administrative Code. In addition to the standards proscribed in 65D-30.010(1), each defendant/respondent will be provided with counseling services that are consistent with Drug Court Level II outpatient treatment. The following required services exceed the standards for outpatient treatment as defined in 65D-30.010(1).

The following services will be provided to defendants within fourteen (14) days of receipt of Court referral. These services will be offered in both East and West Pasco County.

1.2.1 Group counseling services will be available day and night;

1.2.2 Group counseling will be offered two (2) hours daily, four (4) times weekly for a minimum of twelve (12) weeks;

1.2.3 Screenings, assessments, and subsequent recommendations, if any, will be provided to the Court;

1.2.4 Individual treatment and discharge planning will be made within thirty (30) days. Treatment evaluations will be made every thirty (30) days;

1.2.5 Urine Drug Screenings or Oral Swab Drug Screenings will be given on a weekly basis for multiple drugs;

1.2.6 Provide consultation or referral arrangement will be made where psychiatric, medical or other social services are deemed appropriate; AND

1.2.7 Participation by clients in community self-help groups, such as NA (Narcotics Anonymous) or AA (Alcoholics Anonymous), will be encouraged. Attendance at these meeting shall not, however, constitute part of the requirement for substance abuse counseling.

Adult Drug Court and Dependency Drug Court will be provided with the following:

1.2.8 Notification of client’s arrival for screening process, inclusive of client’s acceptance/non-acceptance into treatment setting;

1.2.9 Notification of treatment start date;

1.2.10 Evaluation recommendations;

1.2.11 Reports for judicial reviews no later than forty-eight (48) hours prior to a regularly scheduled judicial review hearing (including attendance, UDS [Urine Drug Screen] results, treatment progress reports);

1.2.12 Immediate notification of termination, discharge or elopements;

1.2.13 Immediate notification of violation of terms of treatment (i.e. failed drug screens, missed treatment appointments, etc.);

1.2.14 Immediate notification of hospitalization or significant disruption of treatment process;

1.2.15 Discharge information will be supplied to the Court, and a copy will be forwarded to the Department of Corrections;

1.2.16 Court appearances by the Contractor will be made as ordered; and

1.2.17 Client-related data and status information will be provided in a manner and in a format required by the Court. This format may include electronic data submission, which meets Court-determined specifications.

1.2.18 Weekly written reports will be made to the Court on the status of treatment availability.

1.3 SUBSTANCE ABUSE EVALUATION SERVICES

Services to be provided:

1.3.1 Contractor will provide a clinical screen and assessment of each drug court participant in and out of custody and recommend a level of drug treatment.

1.3.2 Evaluations will include all relevant information using the American Society of Addiction Medicine (ASAM) criteria.

1.3.3 Evaluations will screen for psychiatric disorders, motivation and readiness for treatment, risks for violence, medical problems, and involvement in the criminal justice system.

1.3.4 All evaluations will be conducted by Certified Addiction Professionals (CAPs) and/or licensed practitioners as provided for in Florida Statute 491, or a qualified professional overseen by a CAP or licensed practitioner.

1.3.5 Evaluations will be conducted in locations in both east and west Pasco.

1.3.6 Evaluations will be conducted within 21 days of arraignment for Adult Drug Court, and evaluation reports will be provided to Drug Court Staff no later than 48 hours prior to the next scheduled drug court pretrial hearing.

1.3.7 Evaluations will be conducted within 21 days following referral by the Safe Children Coalition for potential Dependency Drug Court participants, and evaluation reports will be provided to the Safe Children Coalition and Drug Court Staff no later than 48 hours prior to the adjudication/disposition hearing.

1.3.8 Contractor will provide foreign language interpreters and deaf interpreters for assessments as necessary.

END OF STATEMENT OF WORK

RESPONSE FORMAT

To ensure fair and equitable evaluation, proposals must be organized into the following separate sections:

Qualifications

and Experience: Offerors shall provide the following:

(1) A history of the Offeror’s experience providing the specified services to similar governmental entities, including experience delivering program-based adult substance abuse treatment services.

(2) A description of the Offeror’s organizational structure, including comprehensive resumes of the principals, and professional staff who will be engaged to work directly with the program.

(3) Detail the training provided to the staff who will work with the adults in the program. Provide evidence of successful completion of a NCIC/FCIC criminal background check on each of the staff, and applicable licensure by the Department of Children and Families.

References: The Offeror shall provide a comprehensive list of references for services of similar scope and discipline as specified in this RFP. A minimum of three (3) references must be provided. Reference information must include:

(1) Reference Information (reference name, contact person, address, and phone number).

(2) When the services were provided (start date, end date).

(3) Detailed description of the services provided (must be related to the scope of work specified herein).

Proposal, Methodology

& Cost: The offeror shall provide the following:

(1) A description of how the specified programs fit within the strategic plan of their organization. Describe how the programs will be supported and the type of customer service to be provided. Describe the information to be collected—this is to ensure program guidelines are met and that sufficient processes will be in place. Describe information system backup and data security processes as they relate protecting collected information including, but not limited to HIPAA compliance.

(2) List plans and specific tasks that will be employed to meet the overall goals of the program. Include a concise statement why the County should select your firm for the specified services.

(3) A comprehensive fee schedule for the services offered in response to this solicitation.

END OF RESPONSE FORMAT

REVIEW AND ASSESSMENT

Offerors will be evaluated on the following criteria. Offerors submitting a proposal in response to the RFP may be required to give an oral presentation to County representatives. The County’s request for an oral presentation shall in no way constitute acceptance of a proposal or imply that an agreement is pending. The County reserves the right to award the opportunity to provide the services specified herein based on initial proposal submissions without oral presentations. The following criteria are considered to be of equal weight and will be evaluated collectively.

1. Offeror’s qualifications and experience related to the Statement of Work including, but not limited to, successful experience providing substance abuse treatment services in the form and scale described herein.

2. Offeror’s understanding of the required services, methodology for providing such services, and overall package of services offered (to include services that are above and beyond those described herein).

3. Offeror’s financial capability and fiscal responsibility.

4. Completeness of Offeror’s response to this RFP.

5. Cost of services

The Offeror may be required before the award of any contract to show to the complete satisfaction of Pasco County that it has the necessary facilities, ability and financial resources to provide the service specified therein in a satisfactory manner. The offeror may also be required to give past work history and references in order to satisfy Pasco County with regard to the offeror's assigned personnel. Pasco County may make reasonable investigations deemed necessary and proper to determine the ability of the same to perform the work, and the offeror shall furnish to the County all information for this purpose that may be requested. The County reserves the right to reject any response if the evidence submitted by, or investigation of, the offeror and assigned personnel fails to satisfy the County that such is(are) properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the offeror’s proposal shall include:

1. The ability, capacity, skill, and financial resources to perform the work or provide the service required;

2. The ability of the offeror and assigned personnel to perform the work or provide the service promptly or within the time specified, without delay or interference;

3. The character, integrity, reputation, judgment, experience, and efficiency of the offeror; and

4. The quality of performance of previous contracts or services.

THE FOLLOWING STANDARD AGREEMENT WILL BE USED TO SECURE THE SERVICES, WHICH ARE SPECIFIED HEREIN. PASCO COUNTY WILL NOT ACCEPT NOR CONSIDER ANOTHER FORM OF AGREEMENT. ALL RESPONDING FIRMS MUST EITHER INDICATE FULL ACCEPTANCE OF THIS FORM OR NOTE SPECIFIC CHANGES. FIRMS ACCEPTING THIS FORM, WITHOUT CHANGES, MAY BE GIVEN PREFERENCE, WHICH WILL BE REFLECTED IN THE TENDING COMMITTEE’S FINAL EVALUATION.

THIS AGREEMENT by and between PASCO COUNTY, FLORIDA, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (hereinafter referred to as ‘COUNTY”), and _______________________________ , a_______________ , whose address is ____________________________________________________ (hereinafter referred to as "CONSULTANT").

WHEREAS, the COUNTY solicited competitive proposals and desires substance abuse treatment services in connection with the COUNTY'S Adult Drug Court and Dependency Drug Court Programs; and

WHEREAS, CONSULTANT desires and offered to render certain services as described in RFP No. 06-196, and the CONSULTANT hereby certifies it has the qualifications, experience, staff, and resources to perform those services; and

WHEREAS, COUNTY has determined that CONSULTANT has submitted the overall best proposal for the subject services; and

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows:

SECTION 1. SCOPE OF SERVICES.

In accordance with the services described in RFP No. 06-196, under the Statement of Work, CONSULTANT shall provide [Outpatient Level II (and/or) Outpatient Level III (and/or) Substance Abuse Evaluation] services in connection with the COUNTY'S Adult Drug Court and Dependency Drug Court programs.

SECTION 2. COUNTY'S RESPONSIBILITY.

Except as provided in Section 1, the COUNTY'S responsibilities are as follows:

A. To provide, within a reasonable time from request of CONSULTANT, existing data, plans, reports, and other information in the COUNTY'S possession or under the COUNTY'S control which are necessary for the performance of the duties of CONSULTANT in the Scope of Services, and to provide full information regarding requirements of the Scope of Services, including objectives, budget constraints, criteria, and other requirements that exist at the time of signing of this agreement or which may develop during the performance of this agreement.

B. To give prompt written notice to CONSULTANT if the COUNTY observes or otherwise becomes aware of any fault or defect in the Scope of Services or non-conformance with the documents which comprise this agreement.

C. The COUNTY hereby designates the County Administrator, or his designee, to act on the COUNTY'S behalf with respect to the Scope of Services. The County Administrator, or his designee, shall have complete authority to transmit instructions, receive information, interpret and define COUNTY'S policies and decisions with respect to materials, elements, and systems pertinent to CONSULTANT'S services.

SECTION 3. TERM.

A. The Agreement shall remain in full force and effect from January 1, 2007, until September 30, 2007, unless terminated as provided in this Agreement.

B. The resulting contract may be extended for two (2) additional one (1) year terms upon the same terms as set forth herein, provided both parties mutually agree in writing at least sixty (60) days prior to the expiration of the initial agreement term. The contract prices shall remain firm for the initial contract period. The unit prices for ensuing contract years shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index for All Urban Consumers (CPI‑U). If extended, the contract unit prices for the each of the additional one (1) year terms will be changed by Pasco County, upon written request of the vendor, in an amount no more than the percentage of movement of the CPI‑U (Table A) for "All Items" (unadjusted) for the twelve (12) month period ending in the month of July preceding the beginning of the next contract term. The contract prices changed as a result of these adjustments shall become effective on October 1, 2007 (July 2007 CPI), and October 1, 2008 (July 2008 CPI), respectively.

SECTION 4. COMPENSATION.

[Schedule of services and rates, or reference to an Exhibit will be inserted here.]

SECTION 5. RESERVED.

SECTION 6. REPORTS AND REVIEWS.

A. The COUNTY may at any time require the CONSULTANT to report in writing in a format approved by the COUNTY on the history and overall progress of the work with a projection as to whether deliverables will be on time and within budget. In addition, the COUNTY may require the CONSULTANT to provide an overall percentage of completion estimate; if behind in schedule, a proposed recovery plan; list of problems and anticipate problems; corrective action planned or needed; outline of proposed activities during the coming reporting period; and any other reasonable information covering the CONSULTANT'S performance hereunder.

B. The COUNTY will monitor the CONSULTANT'S work product for compliance with program standards and criteria and may make comments and recommendations to the CONSULTANT regarding the work. However, any such monitoring or comments and recommendations by the COUNTY, or absence thereof, shall not relieve the CONSULTANT of any of its obligations under this agreement. The CONSULTANT retains sole authority and responsibility for the adequacy and accuracy of its CONSULTANT services in accordance with generally accepted practices.

SECTION 7. DOCUMENTS.

The documents which comprise this Agreement between the COUNTY and the CONSULTANT consists of the following:

A. This Agreement.

B. Any written amendments, modifications or Addenda to this Agreement.

C. Offeror’s response to Request for Proposals (RFP) No. 06-196.

D. Request for Proposals (RFP) No. 06-196

SECTION 8. COMPLIANCE WITH LAWS AND REGULATIONS.

The CONSULTANT shall observe and comply with all applicable federal and state laws, COUNTY and municipal ordinances, and the rules and regulations of all authorities having jurisdiction over any project or work performed pursuant to this Agreement. All applicable federal, state, and local laws and ordinances are deemed to be included in this Agreement the same as though herein written out in full.

SECTION 9. PROHIBITION AGAINST CONTINGENCY FEES.

In accordance with the provisions of Section 287.055 of the Florida Statues, the CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability, and at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.

SECTION 10. TRUTH-IN-NEGOTIATIONS/PUBLIC ENTITY CRIMES AFFIDAVIT.

CONSULTANT certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. CONSULTANT represents that it has furnished a Public Entity Crimes Affidavit pursuant to Section 287.113, Florida Statutes.

SECTION 11. SUBCONSULTANTS.

A. CONSULTANT shall maintain an adequate and competent staff licensed within the State of Florida. However, upon written approval by the COUNTY, CONSULTANT may use specialists as the CONSULTANT may consider necessary. As requested by the COUNTY, CONSULTANT shall present satisfactory evidence of the reliability, experience, and qualifications of any proposed subconsultants prior to COUNTY approval to sublet work hereunder. No assignment of this agreement will be valid without approval by the COUNTY. It shall be understood by the CONSULTANT and the specialists who are parties to said subcontracts that the COUNTY shall be an intended, substantial beneficiary of the written agreements between the CONSULTANT and the subconsultants.

B. Approval by the COUNTY of any subcontract of any work shall not relieve the CONSULTANT of any responsibility for, or liability in connection with fulfillment of its obligations under this Agreement.

SECTION 12. RETENTION OF DOCUMENTS.

A. All documents prepared or obtained under this agreement are on the property of the COUNTY without restriction or limitation on their use and shall be made available upon request to the COUNTY at any time.

B. Said records and documentation shall be retained by the CONSULTANT and made available to the COUNTY for a minimum of five (5) years from the date of completion of the work. The COUNTY shall have the right to audit, inspect, and copy all such records and documentation as often as the COUNTY deems necessary during the term of this agreement and during the above referenced five (5) year period at actual costs; provided, however, such activity shall be conducted only during normal business hours. If agreed to by the parties, the CONSULTANT shall retain records and supporting documentation until further notified.

SECTION 13. CONFLICTS OF INTEREST.

The CONSULTANT represents that it presently has no interest, either direct or indirect, that may or could conflict in any manner with the performance of services required by this Agreement which interest has not been disclosed to the COUNTY in writing. The CONSULTANT expressly agrees that, throughout the Effective Period, it shall not acquire an interest, either direct or indirect, which would conflict in any manner with the performance of services required by this Agreement or which would conflict with any interest of the COUNTY. If the CONSULTANT is about to engage in representing another client whom it in good faith believes could result in a conflict of interest with the work being performed by the CONSULTANT pursuant to this Agreement, then the CONSULTANT shall promptly bring such potential conflict of interest to the COUNTY'S attention, in writing. If the COUNTY determines that a conflict of interest exists, the CONSULTANT shall decline the representation upon the COUNTY'S written notice. In the event the CONSULTANT fails to advise or notify the COUNTY of representation which could, or does, result in a conflict of interest, or should the CONSULTANT fail to decline such representation upon the COUNTY'S written notice, the COUNTY may, in its sole discretion, terminate this Agreement in accordance with the provisions of Section 16 below.

SECTION 14. TIMELY PERFORMANCE OF SERVICES.

A. The CONSULTANT acknowledges that time is of the essence with respect to its performance under this Agreement. The COUNTY may suffer damages in the event that the CONSULTANT does not accomplish and complete the required and authorized professional services in a timely manner. Based on the available documents, timetables, construction projections, and duration of this Agreement, the CONSULTANT represents that the CONSULTANT has no internal scheduling conflict and that the CONSULTANT will avoid any internal scheduling conflict in the future which might in any way affect the CONSULTANTS timely performance of this Agreement.

B. The CONSULTANT expressly agrees to employ, engage, retain and/or assign an adequate number of personnel throughout the Effective Period of this Agreement so that all services and/or work performed hereunder will be provided and completed in a timely and diligent manner without interruption or delay.

C. Should the CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of the CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of COUNTY including any of its agents or employees, fires, floods, epidemics, quarantine regulations, strikes or lockouts, then the CONSULTANT shall notify the COUNTY in writing within ten (10) calendar days after commencement of such delay, stating the cause or causes thereof, or shall be deemed to have waived any right which the CONSULTANT may have had to request an extension to the time specified in this Agreement.

D. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the CONSULTANT'S services for any cause whatsoever, including those for which the COUNTY, including any of its agents or employees, may be responsible in whole or in part, shall relieve the CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. The CONSULTANT'S sole remedy against the COUNTY in the event of such interruption, interference, inefficiency, suspension or delay in the commencement or progress of such services shall be the right to seek an extension to the time stated in this agreement. However, such extension shall not operate as a waiver of any other rights of the COUNTY. This section shall expressly apply to claims for early completion, as well as claims based on late completion.

SECTION 15. INSURANCE.

A. The CONSULTANT shall not commence any work pursuant to this agreement until satisfactory proof of all insurance required hereunder has been provided to and approved by the COUNTY. It shall be the responsibility of the CONSULTANT to ensure that all subconsultants performing services pursuant to this agreement comply with the insurance requirements of this provision. The CONSULTANT shall furnish to the COUNTY certificate(s) of insurance in the form required by COUNTY and, if requested by the COUNTY, CONSULTANT shall provide certified copies of all required insurance policies. The certificate(s) of insurance shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classification required for strict compliance with this agreement and that no reduction in coverage or in limits, suspension, or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the COUNTY.

All certificate(s) of insurance shall be signed by a person authorized by that insurer to bind coverage on its behalf. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, except after thirty (30) days prior written notice by certified mail (return receipt requested) has been given to the COUNTY to the attention of the Pasco County Risk Manager, West Pasco Government Center, 7530 Little Road, New Port Richey, Florida 34654. In the event any insurance coverage expires prior to the expiration of this agreement, a renewal certificate shall be issued thirty (30) days prior to said expiration. Compliance with the foregoing requirements shall not relieve the CONSULTANT of any liability and/or other obligations pursuant to this agreement. Neither approval by the COUNTY, nor a failure to disapprove insurance certificates or policies furnished by the CONSULTANT, shall release the CONSULTANT from full responsibility of all liability or its obligations under this agreement.

B. All insurance policies shall be issued by responsible companies authorized to do business under the laws of the State of Florida. Said insurance companies shall have an "A" policyholders' rating, have a financial rating of at least Class VIII in accordance with the most current Best Key Rating Guide, and shall be satisfactory to the COUNTY. Policies of insurance required by this the agreement shall be primary insurance with respect to the COUNTY, its officials, agents, or employees. Any insurance or self-insurance maintained by the COUNTY or its officials, agents, or employees, shall be in excess of the CONSULTANT'S insurance and shall not contribute with it. All policies of insurance required by this agreement, except Workers' Compensation and Errors and Omissions Liability, shall specifically provide that Pasco County, Florida, a political subdivision of the State of Florida, by and through its Board of County Commissioners and its officials, agents, or employees shall be "additional insureds" under the policy. The insurance coverage and limits provided herein are designed to meet the minimum requirements of the COUNTY. Any deductibles or self-insured retentions must be declared and approved by the COUNTY and are the responsibility of the CONSULTANT. The minimum kinds and limits of coverage to be carried by the CONSULTANT throughout the Effective Period shall be as follows:

a. Workers' Compensation and Employer's Liability:

Coverage shall be for the statutory limits in compliance with the applicable State and Federal laws. The policy must include employer's liability with a limit of $100,000.00 each accident. The insurer shall agree to waive all rights of subrogation against the COUNTY, its officials, agents, and employees. In case any employee is engaged in any hazardous work pursuant to this agreement and is not protected under the Workers' Compensation statute, the CONSULTANT and any subconsultants shall provide for adequate insurance coverage to protect these employees.

b. Comprehensive General Liability:

Comprehensive general liability shall include premises and/or operations, products and/or competed operations, broad form property damage, xcu coverage, independent contractors, and contractual liability, and shall be written on an "occurrence basis."

Bodily injury and personal injury, including death:

$1,000,000.00 each person

$3,000,000.00 aggregate

Property damage:

$1,000,000.00 each occurrence

$3,000,000.00 aggregate

c. Comprehensive Automobile Liability:

Comprehensive automobile liability shall included owned vehicles, hired, and non owned vehicles, and employees' non ownership.

Bodily injury and personal injury, including death:

$1,000,000.00 combined single limit

Property damage:

$1,000,000.00 combined single limit

d. Errors and Omissions Liability:

$1,000,000.00 aggregate

CONSULTANT shall maintain during the term of this agreement standard professional liability insurance in the minimum amount of $1,000,000.00 per occurrence.

SPECIAL INTRUSION. Occurrence for professional liability insurance is highly preferred, however, in the event CONSULTANT is only able to secure claims-made professional liability insurance, special conditions apply. All certificates of insurance must clearly indicate whether the coverage is on a claims-made basis. Should coverage be afforded on a claims-made basis, CONSULTANT shall be obligated by virtue of this agreement to maintain insurance coverage in effect with no less than limits of liability nor any more restrictive terms and conditions for a period of five (5) years from the date of this agreement.

SECTION 16. TERMINATION OF AGREEMENT BY THE COUNTY.

This Agreement may be terminated by the COUNTY, with or without cause, upon ten (10) days written notice. If this Agreement is so terminated, CONSULTANT shall be paid for all work performed, and accepted by the COUNTY pursuant to the terms and conditions of this Agreement, up to the date of termination. Upon termination of this Agreement by the COUNTY, CONSULTANT shall promptly deliver to the COUNTY copies of all then completed deliverable items and all plans, reports, studies, calculations, maps, graphics, and other documents that directly support the deliveries prepared by CONSULTANT.

SECTION 17. CONTROLLING LAW.

This Agreement is to be governed by the laws of the state of Florida. The venue for any litigation resulting out of this Agreement shall be in Pasco County, Florida.

SECTION 18. SUCCESSORS AND ASSIGNS.

The COUNTY and CONSULTANT respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the CONSULTANT shall assign or transfer any interest in this Agreement without the written consent of the other.

SECTION 19. EXTENT OF AGREEMENT.

A. This Agreement represents the entire and integrated agreement between the COUNTY and CONSULTANT and supersedes all prior negotiations, representations, or agreement, either written or oral.

B. This Agreement may only be amended, supplemented, modified, changed or canceled by a written instrument executed by both parties hereto.

SECTION 20. NON-EXCLUSIVE AGREEMENT.

This Agreement is not intended to be and shall not be construed as an exclusive contract and the COUNTY may employ additional or other professional consulting firms to perform any work contemplated by this Agreement without liability to the CONSULTANT.

SECTION 21. INDEMNIFICATION OF THE COUNTY.

A. CONSULTANT shall indemnify and save the COUNTY, its Commissioners, officers, agents, employees, harmless from and against any claim, damages, costs, including attorney's fees, or causes of action of whatsoever kind or nature, whether direct, indirect or consequential, including, but not limited to, bodily injury, sickness, disease or death, infringement of copyright or patent, or injury to or destruction of property, including loss of use, which claims arise out of or are related to or in any way connected with this Agreement, provided such claim is caused by the negligent error, omission, act, or failure to act of CONSULTANT, its agents, servants or employees in the performance of services under this Agreement. The CONSULTANT shall not indemnify the COUNTY for any negligence of the COUNTY'S employees or agents. This indemnity shall include, but not be limited to, charges of attorneys, legal assistants, and other professionals, and costs of both defense and appeal in a court of law or other tribunal, for any reason.

B. The CONSULTANT'S indemnification obligation under the provision shall not be limited in any way to the consideration hereunder, the agreed upon prices as shown in any Task Order issued pursuant to this Agreement, or any other agreed payment or compensation amount, nor shall this indemnification be limited due to the CONSULTANT'S lack of sufficient insurance protection. The CONSULTANT hereby acknowledges and expressly agrees that the compensation to be paid to the CONSULTANT by the COUNTY pursuant to this Agreement specifically includes compensation as consideration for the indemnification provided herein.

SECTION 22. INDEPENDENT CONTRACTOR.

Neither the COUNTY nor any of its employees shall have any control over the conduct of CONSULTANT or any of CONSULTANT'S employees, except as herein set forth, and CONSULTANT expressly warrants not to represent at any time or in any manner that CONSULTANT or any of CONSULTANT'S agents, servants or employees are in any manner agents, servants or employees of the COUNTY. It is understood and agreed that CONSULTANT is, and shall at all times remain as to the COUNTY, a wholly independent contractor and that CONSULTANT'S obligations to the COUNTY are solely as prescribed by this Agreement.

SECTION 23. WAIVER OF BREACH.

Waiver by either party of a breach of any provision of this agreement shall not be deemed as a waiver of any other breach and shall not be construed to be a modification of the terms of this agreement.

SECTION 24. SEVERABILITY.

In the event any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.

SECTION 25. NOTICES.

Any notices to be given under this Agreement shall be given by United States Mail, addressed to CONSULTANT at its address stated herein, and to the COUNTY at the following address: John J. Gallagher, Pasco County Administrator, West Pasco Government Center, Suite 340, 7530 Little Road, New Port Richey, Florida 34654.

IN WITNESS WHEREOF, the parties have caused these premises to be executed by their

duly authorized representatives on this ______ day of _________________________, 2006.

PASCO COUNTY, FLORIDA, a political subdivision of the State of Florida

ATTEST: ____________________________________

Chairman

(S E A L) Date: _________________________2006

____________________________________

Jed Pittman, Clerk

PROFESSIONAL:

____________________________________

By: ____________________________________

Its: ____________________________________

Date: ________________________________2006

APPROVED AS TO LEGAL FORM AND SUFFICIENCY

OFFICE OF THE PASCO COUNTY ATTORNEY

____________________________________________

ATTORNEY

REQUEST FOR PROPOSALS (RFP)

ADULT DRUG COURT TREATMENT SERVICES

END OF STATEMENT OF WORK