CITY OF OPELIKA PURCHASING DEPARTMENT REQUEST FOR PROPOSALS SHIRLEY WASHINGTON PURCHASING AGENT OFFICE: (334) FAX: (334)

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1 CITY OF OPELIKA PURCHASING DEPARTMENT REQUEST FOR PROPOSALS SHIRLEY WASHINGTON PURCHASING AGENT OFFICE: (334) FAX: (334) PROPOSAL DATA PROPOSAL NUMBER: B COMMODITY TITLE: Probation Supervision and Rehabilitation Services USER DEPARTMENT: Municipal Court BUYER: Shirley Washington BUYER TELEPHONE: (334) ISSUE DATE: May 3, 2012 PROPOSAL OPENING DAY/DATE: June 11, 2012 TIME: 2:00 PM LOCATION: CITY HALL CONFERENCE ROOM MAILING ADDRESS: CITY OF OPELIKA PURCHASING DEPT. 204 S 7 th Street PO BOX 390 OPELIKA, AL

2 City of Opelika Request for Proposals for Probation Supervision and Rehabilitation Services Proposal #B Section I The City of Opelika is currently soliciting sealed proposals from qualified and professional Probation Supervision and Rehabilitation Services firms, who will provide services and programs for the misdemeanor offenders placed on probation by the Municipal Court of the City of Opelika. All prospective Vendors will be afforded full opportunity to submit statements of qualifications in response to this request and will not be discriminated against on the grounds of race, religion, color, national origin, age, sex, or disability in consideration for an award of any Contract entered into pursuant to this notice. This Request for Proposal (RFP) is an invitation by the City of Opelika for Companies to submit an offer, which may be subject to subsequent discussion. It is not a request for competitive bid. Submittal of a proposal does not create any right or expectation to a Contract with the City of Opelika. The City of Opelika reserves the right to reject any or all proposals and the City further declares that it will incur no financial obligations for any costs by any company in preparation of their proposal. Qualified firms may submit their sealed proposal responses to: PROPOSALS MAY BE DELIVERED PROPOSALS MAY BE MAILED TO: TO: City of Opelika City of Opelika Purchasing Department Purchasing Department 204 South 7 th Street P.O. Box 390 Opelika, AL Opelika, AL On or before: 2:00 PM JUNE 11, 2012 Statement of Qualifications and Approach To be considered, a Vendor must include in the proposal proof of qualifications and expertise for the service requested. This firm shall be located in the area that is convenient for the citizens who require the service. 2

3 Criteria for Selection The City of Opelika will evaluate each submitted proposal to determine those Companies who are qualified to provide the service required. The City of Opelika Municipal Court will recommend a contract with one Company to the City Council. The City Council will provide final approval of the selection. All proposals submitted will be evaluated using the following criteria: 1. Compliance with the RFP 2. References 3. Expertise in Probation Services and Rehabilitation Services 4. Cost 5. Qualifications of the firm, including but not limited to its experience. Cost and Fee Arrangements The Proposers must provide a proposal with exact cost per case as described herein. Case History At present the City has approximately 400 cases per month being supervised. This is not to be construed as a guarantee of cases to be handled, but merely a good faith estimate. Scope of Work The Contractor shall comply with the standards, rules and regulations promulgated by the Municipal Court. The Contractor shall create and maintain individual files for each offender receiving services from the Contractor. The Contractor shall maintain confidentiality of all files, records and papers relative to supervision of probationers. The Contractor s records, files and papers shall be available only to the Judge of the Court handling the case, the Municipal Court Clerk, the City s Accounting Department and the Lee County Sheriff s Department. The Contractor shall maintain financial records according to generally accepted accounting practices. The Contractor shall employ competent and able personnel to provide the services to be rendered hereunder and to appropriately administer the caseload. All probation officers shall be at least twenty-one (21) years of 3

4 age and have educational qualifications as required by the Municipal Court. No person who has been convicted of a felony shall be employed by the Contractor as a probation officer. The Contractor shall have a criminal history records check made of all probation officers and certify the results to the Municipal Court. The Contractor shall maintain an office in the municipality or within onehalf mile of the municipality for meeting with and the provision of service to probationers. The Contractor shall provide written reports monthly to the Court listing the services rendered and provide such other reports as may be requested by the Court during the period of the agreement, which may include, but are not limited to statistical reports, caseload data and other records documenting the identity of the probationer, the status of each probationer s case, the services provided and monies collected. Monthly reports will be delivered to the Court on or before the 10 th day of the following month. The Contractor shall tender to the Clerk of the Court a report of collections and all fines, fees and costs collected during the month from probationers by the 10 th day of the following month. Restitution shall be paid to the victim by the 15 th day of the month following collection unless the Court orders payment to the Clerk of the Court and then it shall be paid as such other collections are paid to the Clerk. Upon 10 business days written notice, Contractor shall provide to the Court access to all books, records, correspondence, receipts, vouchers, memoranda and financial information pertaining to the services rendered under the agreement for any purpose, including but not limited to the conducting of or reviewing of a complete financial or program audit of any fiscal or calendar year. The Contractor shall provide the following services to probationers referred to the Contractor by the Court: (a) During all Court sessions, Contractor shall have a probation officer attend and interview each offender to complete a case and personal history and to provide orientation and instruction regarding compliance with the Court s order of conditions of probation. At orientation, the probation officer shall provide a list of all service fees to the probationer. (b) Contractor shall monitor and supervise probationers to insure compliance with the Court s order of probation. Contractor shall make a supervision assessment of the offender and determine the probationer s reporting schedule. (c) Contractor shall collect restitution, fines, court costs and probation fees as ordered by the Court. (d) Contractor shall coordinate, monitor and insure compliance with community service by each probationer as ordered by the Court. Contractor will maintain records of service participation. 4

5 (e) Contractor shall coordinate with local authorities and facilities evaluation assessment of probationers for drugs/alcohol rehabilitation, mental health or psychological counseling, or educational programs mandated by the Court and shall require probationer s compliance. The Contractor shall conduct drug and alcohol screens as determined necessary by the Court. The probationer shall be responsible for any costs of any drug or alcohol screens and testing. (f) Contractor when so ordered shall provide and operate a system of ankle bracelet monitoring. (g) Contractor shall recommend revocation of probation whenever the probationer has failed to substantially comply with the terms and conditions of probation. The Court shall provide Contractor with direction of what constitutes a substantial failure to comply with probation terms and conditions. Contractor shall prepare probation violation warrants and orders for submission to the Court. Contractor shall have probation officers available to testify at probation revocation hearings, sentencing hearings and such other hearings as deemed reasonable and necessary by the Court. (h) When directed by the Court, Contractor shall conduct presentence investigations for the Court as requested. (i) The Contractor shall pursue the collection of pre-existing delinquent fines due and payable at the beginning of the contract period. Collection shall be accomplished in a manner acceptable to the Municipal Court. The funds collected shall be tendered to the Clerk of the Court on or before the 10 th day of the following month and the Contractor shall provide to the Clerk of the Court a report of all fines, fees and costs during the month from probationers by the 10 th day of the following month. The Contractor shall furnish a surety bond or letter of credit in an amount not less than $100, as security for satisfactory performance of the agreement. Contractor shall provide and maintain during the life of the Agreement Worker s Compensation Insurance as required by statute and general liability insurance as provided below. The Contractor shall indemnify and hold harmless the City and the Court, from any claims, demands, actions, proceedings, expenses, damages, liabilities or losses (including but not limited to attorney s fees and court costs) in any cause of action arising from any acts or omissions arising out of or in connection with the services performed by the Contractor or its employees and agents under the terms of the Agreement. 5

6 Insurance A. Consultant shall procure and maintain in effect throughout the duration of this Contract insurance coverage not less than the types and amounts specified in this section. Policies containing a Self-insured Retention will be unacceptable to City. 1. Commercial General Liability Insurance: with limits of $1,000,000 per occurrence and $1,000,000 aggregate, written on an "occurrence" basis. The policy shall be written or endorsed to include the following provisions: a. Severability of Interest Coverage applying to Additional Insured b. Contractual Liability C. per Project Aggregate Liability Limit, or where not available, the aggregate limit shall be $1,000,000. d. No Contractual Liability Limitation Endorsement e. Additional Insured Endorsement 2. Workers' Compensation Insurance: as required by state statute, including Employers Liability with limits of: Workers' Compensation Employers Liability With limits of $500,000 disease-policy limit $100,000 disease - each employee Statutory $1,000,000 accident 3. Commercial Automobile Liability insurance: with a limit of $1,000,000 per occurrence, covering owned, hired, or non-owned automobiles. Coverage provided shall be on an "any auto" basis and written on an "occurrence" basis. This insurance will be written on a Commercial Business Auto form, or acceptable equivalent, and will protect against claims arising out of the operation of motor vehicles, as to acts done in connection with the Contract, by Consultant. 4. If applicable, Professional Liability Insurance with limits per claim and annual aggregate of $1,000,000. A. The policies listed above may not be cancelled until after thirty (30) days written notice of cancellation to the City, ten (10) days in the event of a non-payment of premium. The Commercial General and Automobile Liability Insurance specified above shall provide the City and its agencies, officials, officers, and employees, while acting within the scope of their authority, will be named as additional insured for the services performed under this Contract. Consultant shall provide to City at execution of this Contract a certificate of insurance showing all required endorsements and additional insured. B. All insurance coverage must be written by companies having an A.M. Best's rating of "B+V" or better, are licensed or approved by the State of Alabama to do business in Alabama. 6

7 C. Regardless of any approval by the City, it is the responsibility of the successful Vendor to maintain the required insurance coverage in force at all times; its failure to do so will not relieve it of any contractual obligation or responsibility. In the event of Vendor s failure to maintain the required insurance in effect, City may order Vendor to immediately stop work and, upon ten (10) day s notice and an opportunity to cure, may pursue its remedies for breach of this Contract as provided for herein and by law. Contract Period This Contract shall be awarded immediately upon award by the City Council and end June 30, Upon mutual agreement, this Contract may be renewed for two additional years in one year increments. This Contract may be canceled by either party with a 30 day written notice, whenever the funds are not appropriated by the City Council to pay for such services, or for any cause or the convenience of the City or the Vendor. If the Vendor s work is unsatisfactorily, Vendor shall be notified and given 10 days to correct the service. If service is not corrected, the Contract may be canceled without further notification. Specification for Proposals All proposals submitted in response to this request for proposals must contain the following information in the stated order: a. All Vendors submitting bids shall complete the attached W-9 form, and compliance with the Immigration Law of Alabama (forms attached) b. Description of the firm (corporation, partnership, etc.) and year established. c. Name, title and business address of person responsible for submitting this proposal. d. A breakdown of the company rates, fees and charges for services. e. At least three references, including individual contact name, name of company and phone number the City may contact regarding Probation Services. f. Proposal shall be signed by person authorized to sign proposals. Timetable for submission All Vendors shall submit three copies of their proposal. 7

8 Letter of Transmittal The letter of transmittal should be physically signed by an officer of the firm(s) and include the following: a. Name, address, address, telephone and FAX number. b. Name, title, address and telephone number of the individual authorized to commit the respondent. c. Name, title, address, telephone and FAX numbers of the individual to be the official contact person regarding all matters concerning the proposal. d. A statement ensuring validity of the proposal for at least ninety (90) days. Preparation of Proposal Each proposal will be prepared simply and economically avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete, accurate and reliable presentation. Disposition and Disclosure of Proposals All proposals submitted in response to this RFP will become the property of the City of Opelika and a matter of public record once proposals are opened. The Vendor must identify, in writing, all copyrighted material, or other proprietary information that it claims is exempt from disclosure. Any firm claiming such an exemption must also state in its proposal that the Vendor agrees to hold harmless, indemnify and defend the City and its agents, officials, and employees in any action or claim brought against the City for its refusal to disclose such materials or other proprietary information to any party making a request therefore. Any firm failing to include such a statement shall be deemed to have waived its right to an exemption from disclosure. Addenda to the REP If it becomes necessary to revise any part of this RFP, addenda will be supplied to all firms receiving this Request for Proposal in writing. Presentations Any Vendor who submits a proposal may be required to make an on-site presentation of its capability to perform as described in its proposal to the City. Such a presentation will be at the Vendor's expense and will provide an opportunity for the Vendor to clarify its proposal to ensure a thorough mutual 8

9 understanding. The Municipal Court Clerk will schedule such presentation if deemed necessary. News Releases New releases pertaining to this project shall not be made without prior approval by the City of Opelika. Respondents Independence Successful Vendor is an independent contractor with respect to all services performed under this Contract. Vendor accepts full and exclusive liability for the payment of any and all premiums, contributions, or taxes for workers compensation, Social Security, unemployment benefits, or other employee benefits now and hereinafter imposed under any state or federal law which are measured as wages, salaries or other remuneration paid to persons employed by Vendor s work performed under the terms of this Contract. Vendor shall defend, indemnify and save harmless City from any claims or liability for such contributions or taxes. Duty of Notification Upon filing for bankruptcy or insolvency proceeding by or against the Vendor, whether voluntary or involuntary, or upon appointment of a receiver, trustee, or assignee for the benefit of creditors, the Vendor must notify the City of Opelika immediately. Upon learning of the actions herein identified, the City reserves the right, at its sole discretion, to either cancel the Contract or reaffirm the Contract. Contract Contents The Contract between the City and the respondent shall include (1) the Request for Proposal (RFP) and any amendments thereto, (2) the proposal submitted by the respondent in response to the RFP and (3) any additional information supplied by the respondent in response to requests for additional information by the City. In the event of a conflict in language between the documents referenced above, the provisions and requirements set for and/or referenced in the RFP shall govern. The City, however, reserves the right to clarify any contractual relationship in writing with the concurrence of the Vendor, and such written clarification shall govern in case of conflict with the applicable requirements stated in the RFP or the Vendor's proposal. In all other matters not affected by the written clarification, if any, the RFP shall govern. Respondents are cautioned that their proposals may be subject to acceptance by the City Council without further clarification. 9

10 Absence of Waiver of Future Rights No provisions in this document or in the respondent's proposal shall be construed, expressly or by implication, as a waiver by the City of any existent or future right and/or remedy available by law in the event of any claim or default or breach of Contract. Written Notice Parameters Any written notice to the Vendor shall be deemed sufficient when deposited in the United State mail, postage prepaid and addressed to the Vendor at its address as listed on the signature page of the Contract, or at such address as the Vendor may have requested in writing. Legal Compliance Effort Each and every provision of law and clause by law to be inserted herein and in the Contract will be read and enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then, upon application of either party, the Contract will forthwith be physically amended to make such insertion or correction. Disputes Should any disputes arise with respect to this Contract, the Vendor and the City agree to act immediately to resolve any such disputes. Time is of the essence in the resolution of disputes. The Vendor agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all its responsibilities under this Contract in the accomplishment of all non-disputed work, any additional costs incurred by the Vendor or City as a result of such failure to process shall be borne by the Vendor; and the respondent shall not make a claim against the City for such costs. Price Changes All prices shall be firm and not subject to increase during the period of the Contract. Laws of Governance This Contract shall be construed and governed in accordance with the law of the State of Alabama and the City of Opelika. 10

11 Compliance with Laws Successful Vendor shall comply with all federal, state, and local laws, ordinances and regulations applicable to the work. Vendor, at its own expense, shall secure all occupational and professional licenses and permits from public or private sources necessary for the fulfillment of its obligations under this Contract. Modification or Withdrawal of Proposals Responses to this Request for Proposal (RFP) may be withdrawn by written notice prior to the exact hour as specified for receipt of proposals. A proposal may be withdrawn in person by the Vendor or its authorized representative prior to the exact hour and date set for receipt of proposal. Telephone withdrawals are not permitted. Modifications to proposals submitted must be enclosed in the sealed envelope prior to bid opening by Vendor or authorized persons. Mistake in Proposals A MISTAKE IN PROPOSAL CANNOT BE CONSIDERED ONCE A PROPOSAL HAS BEEN ACCEPTED AND AWARDED BY THE CITY COUNCIL. Reservation of Rights The City of OPELIKA reserves the right to: a. Accept or reject any and all proposals received in response to this RFP, and to re-advertise for new submittals. b. Waive or modify any irregularities in proposals received after prior notification to the Vendor. c. Request the submission of proposal modifications at any time before the award is made, if such is in the best interest in the City. d. Consider proposals or modifications received at any time before the award is made, if such is in the best interest of the City. e. Request clarification and/or additional information from the Vendor during the evaluation process. f. Utilize any and all ideas submitted in the proposals received unless those ideas are covered by legal patent or proprietary rights and the patent of those rights is indicated by the Vendor. Proposals will become the property of the City of Opelika. 11

12 g. In the event of Contract termination, the City may enter into Contract negotiations with other qualified Vendors that submitted acceptable proposals, rather than redoing the proposal process for the project. h. Negotiate with the selected Vendor to include further services not identified in this RFP. Expiration of the Proposal By submitting a proposal the Vendor offers to enter into a Contract, the form and content of which shall be agreed upon by both parties. The Vendor's proposal shall not be revocable for ninety (90) days following the response deadline indicated above. The City reserves the right to waive any defects in the offer of any Vendor, to reject any or all offers, and to request additional information from any or all Vendors. Vendors not listed on the City of Opelika s bid list shall complete and return with their proposal, the W-9 form (attached). 12

13 THANK YOU FOR YOUR INTEREST IN THE CITY OF OPELIKA, ALABAMA CITY OF OPELIKA PURCHASING DEPARTMENT P.O. BOX 390, OPELIKA, AL Proposal for Probation Services and Rehabilitation Services PROPOSAL FORM The undersigned declares that before preparing their proposal, they read carefully the instructions and requirements for bidders and that their proposal is made with full knowledge of the kind, quality and quantity of services to be furnished, and that that their said proposal is as stated on these pages. The undersigned offers and agrees, if this proposal is accepted, within NINETY DAYS from the date of opening, to furnish any or all services upon which prices are offered within the time specified. Along with this proposal we have included background information about our company, references, cost and qualifications. Signature Date Phone Number Fax Number address Federal ID. Number Web site address 13

14 January 19, 2012 Dear Sir or Madam: On June 9, 2011, Alabama Governor Robert Bentley signed into law the Beason- Hammon Alabama Taxpayers and Citizen Protection Act. This law requires that any individual that receives a Benefit from the City of Opelika must be a citizen or an alien lawfully present in the United States. In order for the City of Opelika to enter into any purchase agreement for supplies or services with you, the attached forms and affidavits must be completed, notarized and returned to the City of Opelika Purchasing Department. This law becomes effective on January 1, Please return the attached forms to: City of Opelika Purchasing Department PO Box 390 Opelika, AL Thanks you for giving this matter your immediate attention. Sincerely, CITY OF OPELIKA Shirley C. Washington Purchasing Agent 14

15 AFORM FOR SECTIONS 9 (a) AND (b) BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT; CODE OF ALABAMA SECTIONS (a) and (b) AFFIDAVIT FOR BUSINESS ENTITY/EMPLOYER/CONTRACTOR (To be completed as a condition for the award of any contract, grant or incentive by the State of Alabama, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees) State of County of Before me, a notary public, personally appeared (print name) who being duly sworn, says as follows: As a condition for the award of any contract, grant, or incentive by the State of Alabama, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees, I hereby attest that in my capacity as (State position) for (state business entity/employer/contractor name) that said business entity/employer/contractor shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien. I further attest that said business entity/employer/contractor is enrolled in the E-Verify program (ATTACH DOCUMENTATION ESTABLISHING THAT BUSINESS ENTITY/EMPLOYER/ CONTRACTOR IS ENROLLED IN THE E-VERIFY PROGRAM) E-Verify Employment Eligibility User Identification Number Signature of Affiant Sworn to and subscribed before me this day of 2. I certify that the affiant is known (or made known) to me to be the identical party he or she claims to be. Signature and Seal of Notary Public 15

16 FORM FOR SECTION 9 (c) BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT; CODE OF ALABAMA, SECTION (c) AFFIDAVIT FOR SUBCONTRACTOR (To be completed as a condition for performing work on a project paid for by contract, grant, or incentive by the State of Alabama, any political subdivision thereof, or any state-funded entity) State of County of Before me, a notary public, personally appeared (print name) who, being duly sworn, says as follows: As a condition for being a subcontractor on a project paid for by contract, grant, or incentive by the State of Alabama, any political subdivision thereof, or any state-funded entity, I hereby attest that in my capacity as (state position) for (state subcontractor name), said subcontractor shall not knowingly employ, hire for employment or continue to employ an unauthorized alien. I further attest that said subcontractor is enrolled in the E-Verify program prior to performing any work on the project. (ATTACH DOCUMENTATION ESTABLISHING THAT SUBCONTRACTOR IS ENROLLED IN THE E-VERIFY PROGRAM) E-Verify Employment Eligibility User Identification Number Signature of Affiant Sworn and subscribed before me this day of 2. I certify that the affiant is known (or made known) to me to be the identical party he or she claims to be. 16