UTAH COUNTY REQUEST FOR PROPOSALS FOR A PROVIDER OF SUBSTANCE ABUSE CASE MANAGEMENT SERVICES FOR THE UTAH COUNTY JUSTICE COURT

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1 UTAH COUNTY REQUEST FOR PROPOSALS FOR A PROVIDER OF SUBSTANCE ABUSE CASE MANAGEMENT SERVICES FOR THE UTAH COUNTY JUSTICE COURT

2 SECTION 1 ADMINISTRATIVE OVERVIEW 1.1 BACKGROUND Utah County is planning to implement a drug court in the Utah County Justice Court. 1.2 PURPOSE The Utah County Justice Court (the "Justice Court") is a court of limited criminal jurisdiction in Provo, Utah, wherein the Utah County Attorney's Office prosecutes class B and C misdemeanors and infractions before two full-time judges. Utah County seeks to implement a drug court, supervised by one Justice Court judge, to provide case management services to eligible drug addicted misdemeanants ("defendants"). Utah County anticipates (very roughly) that it will have over 100 persons per year charged with crimes who would be eligible to participate in the Justice Court's drug court. Through this Request for Proposals (the "RFP"), Utah County is accepting proposals from qualified providers of case management and probation supervision services ("Provider") to supervise and manage cases for the Justice Court drug court. Provider will receive no revenue or funds from Utah County or the Utah County Justice Court. All revenues or funds to provider will be gained pursuant to an agreement, if any, between Provider and the above described drug court participants. 1.3 PROPOSAL INCLUSION REQUIREMENTS All proposals submitted for evaluation must include, but are not limited to, the following information. A. Provider Identification: Name of Provider, all addresses, contact person, phone and fax numbers, address and business hours. B. Provider Background: Information on the Provider including full names and dates of birth of all Provider owners and supervisors, years Provider has been in business, Provider's credentials, Provider's experience in case management or probation services, Provider's certifications, etc. C. Cost: A complete fee schedule defendants will be required to pay for Provider's services in the Justice Court drug court. D. Spanish Speaking: Details concerning Provider's ability to provide services to Spanish speaking defendants. E. Signed signature sheet. SECTION 2 PROCUREMENT RULES AND PROCEDURES 2.1 PROCEDURE The Procedure for the issuance of this RFP, evaluation of proposals, and selection of a Facility/Facilities is as follows: 2

3 A. Interested entities will prepare and submit its proposal according to the Procurement Timetable contained in Subsection 2.3. B. Utah County and/or its representatives will evaluate all submitted proposals to determine acceptance or rejection of the proposals. C. The selected Provider will be required to sign an agreement with Utah County which will include, among other terms and conditions, terms substantially similar to those described below in Section 5.7, "Specific Conditions." 2.2 RULES OF PROCUREMENT This RFP shall conform to and is governed by and subject to the Utah County Procurement Rules and Regulations. All materials submitted in response to this RFP becomes the property of Utah County and will not be returned. Proposals submitted may be reviewed and evaluated by any person at the discretion of Utah County. Utah County has established certain requirements with respect to proposals to be submitted by Providers. The use of shall, must, or will, in this RFP indicates a requirement or condition from which a material deviation will not be approved by Utah County. Utah County reserves the right to negotiate separately with any source whatsoever in any manner necessary to serve the best interests of Utah County. Utah County reserves the right to reject any or all proposals or waive minor irregularities when to do so would be in the best interests of Utah County. Minor irregularities are those which will not have a significant adverse effect on overall competition or performance levels. Utah County may not award an agreement solely on the basis of this RFP and will not pay for the information solicited or obtained. The information obtained will be used in determining the proposal that best meets Utah County s needs and is the most advantageous proposal received. No oral, telephonic or electronic proposals or modifications will be considered. Provider agrees that Utah County may terminate this procurement procedure at any time, and Utah County shall have no liability or responsibility to a Provider for any costs or expenses incurred in connection with this RFP or Provider's response. 2.3 PROCUREMENT TIMETABLE Below is the Procurement Timetable for this RFP. REQUIRED ACTIVITY SCHEDULED DATE RFP Issue Date October 23, 2008 Closing Date for Receipt of Proposals November 21, 2008 Oral Presentations (by Invitation) To be determined 3

4 2.4 INSTRUCTIONS FOR PROPOSAL SUBMISSION Six (6) copies of Provider's proposal must be submitted to the Utah County Purchasing Agent. The proposals must be delivered to: Susan Shepherd Utah County Purchasing Agent 100 East Center, Suite 3600 Provo, Utah QUESTIONS AND CLARIFICATIONS Questions regarding this RFP should be directed prior to the submission deadline date to: 2.6 EVALUATION CRITERIA Jeff Buhman Utah County Attorney Telephone Number: (801) The following criteria will be used to evaluate each proposal and to make a final selection. 10% Ability to provide Spanish speaking services 30% Provider's resources in terms of office locations and hours, office personnel, case management personnel, etc. 30% Cost to Defendants 30% Provider's qualifications and experience Utah County will make any and all inquiries necessary to evaluate each Provider's proposal. In the submission of Provider's proposal, Provider is agreeing that the final decision will not be challenged. Utah County reserves the right to reject any or all bids pursuant to this RFP. SECTION 3 ACCEPTANCE OF PROPOSAL Pursuant to this RFP an agreement will be executed. The agreement period will be for a term of approximately two years, commencing when executed. Utah County shall have an option, pursuant to that agreement, to renew the agreement for two additional one-year periods, upon the same terms and conditions. 4

5 SECTION 4 DISQUALIFICATION OF PROPOSAL The occurrence of any of the following may result in disqualification of a Provider: A. Failure to respond by the established submission deadline. B. Failure to completely answer all questions posed in the RFP. C. Failure to provide requested documentation at the time of proposal submission. D. Illegible responses. E. Failure to sign and return the proposal. F Failure to evidence a satisfactory record of integrity. G. Failure to qualify legally to contract. SECTION 5 TERMS AND CONDITIONS 5.1 GENERAL REQUIREMENTS Utah County will award an agreement in reliance upon the information contained in proposals submitted in response to the RFP. Utah County will be legally bound only when and if there is a definitive signed agreement with the successful Provider. It is vitally important that any person who signs a proposal or agreement on behalf of a Provider's organization certifies that he or she has the authority to so act. The successful Provider who has its proposal accepted may be required to answer further questions and provide further clarification of its proposal and responses. Receiving this RFP or responding to it does not entitle any Provider to participate in services or transactions resulting from or arising in connection with this RFP. Utah County shall have no liability to any Provider under or in connection with this RFP, unless and until Utah County and such Provider shall have executed and delivered a definitive written agreement. By responding to this RFP each Provider acknowledges that neither Utah County nor any of its representatives is making or has made any representation or warranty, either express or implied, as to the accuracy or completeness of any portion of the information contained in this RFP. The Provider further agrees that neither Utah County nor any of its representatives shall have any liability to the Provider or any of its representatives as a result of this RFP process or the use of the information contained in this RFP. Only the terms and conditions contained in an agreement when, as, and if executed, and subject to such limitations and restrictions as may be specified therein, may be relied upon by the parties in any manner as having any legal effect whatsoever. No oral modifications or amendments to this RFP or any resulting agreement shall be effective, but such may be modified or amended by a written agreement signed by the parties. If it becomes necessary to revise any part of this RFP, an addendum will be provided to all who received an RFP. 5.2 INSPECTION AND ACCEPTANCE Utah County or its authorized representatives shall have the right to enter the premises of the Provider, or such other places where agreement services are being performed, to inspect, audit, monitor or otherwise evaluate the services being provided and the financial records pertaining to the agreement. The Provider must provide reasonable access to all facilities and assistance to Utah County 5

6 or its authorized representatives. Utah County and the Provider agree that any agreement entered into by the parties shall be governed by the laws of the State of Utah. 5.3 INDEPENDENT CONTRACTOR Provider states and affirms that it will be acting as an Independent Contractor, holding itself out to the general public as an Independent Contractor for other work or contracts as it sees fit; that it advertises its services as it sees fit to the general public, will maintain its office or place of employment separate from Utah County, and that any agreement resulting from this RFP will not be exclusive of other agreements, contracts or opportunities. The parties intend that an Independent Contractor relationship will be created by an agreement resulting from this RFP. Utah County is interested only in the results to be achieved, and the conduct and control of the work will lie solely with Provider. Provider will not be considered an agent or employee of Utah County for any purpose, and the employees of Provider will not be entitled to any of the benefits that Utah County provides for County's employees. Both parties agree that Provider shall be deemed an Independent Contractor in the performance of any agreement, and shall comply with all laws regarding unemployment insurance, disability insurance, and workers compensation. As such, Provider shall have no authorization, express or implied, to bind Utah County to any agreement, settlement, liability, or understanding whatsoever, and agrees not to perform any acts as agent for Utah County. 5.4 INDEMNIFICATION The Provider agrees that it shall defend, indemnify, save and hold harmless Utah County, its officers, employees, and agents, from and against any and all claims, demands, causes of actions, orders, decrees, judgments, losses, damages, and/or liabilities (including all costs and attorney's fees incurred in defending any claim, demand, or cause of action) occasioned by, growing out of, or arising out of the performance of an agreement with Utah County which is caused by any act or omission of Provider s officers, employees, agents or volunteers. The Provider agrees that it shall assume sole liability for any injuries or damages caused to a third party as a result of fulfillment of an agreement with Utah County 5.5 PROPRIETARY INFORMATION A Provider is required to mark any specific information contained in its proposal which is not to be disclosed to the public or used for purposes other than the evaluation of the RFP. Each request for nondisclosure must be accompanied by a specific justification explaining why the information is to be protected. Pricing and service elements of any proposal will not be considered proprietary. Proposals submitted may be reviewed and evaluated by any persons at the discretion of Utah County. 5.6 INSURANCE The selected provider must maintain general liability insurance of $2,200,000 and must furnish a certification evidencing Utah County as an additional insured under Provider's insurance policies. 6

7 5.7 SPECIFIC CONDITIONS Provider's agreement with Utah County will include, among other terms and conditions, terms substantially similar to the following: A. Provider cannot now or at any time during the term of the agreement have financial or familial ties to substance abuse evaluation/assessment or treatment entities used by Provider. B. Provider will, if requested, appear in court no less than once per week in the Utah County Justice Court for the scheduled drug court calendar to inform the court of the status of each defendant's compliance with the terms and conditions of drug court. C. Provider will provide, in an agreed upon format, to the Utah County Attorney's Office weekly updates on the status of each defendant's compliance with the terms and conditions of drug court. D. Provider will provide a minimum of six months of supervision to each defendant in the drug court unless the defendant is removed by the court. E. Provider will require each defendant to comply with the phases described in Attachment 1 and will provide the supervision and testing described in each phase. Provider agrees that only the court can move defendants to and from phases. Provider understands that the phases described in Attachment 1 are descriptive only and may be modified both prior to and after the Provider is selected. F. Provider understands that a defendant's entry into the drug court is determined by the Utah County Attorney's Office, the defendant, the defendant's attorney and the court, and that a defendant's removal from the drug court is within the sole discretion of the court. G. Provider's agreement with defendants will not require defendant to accrue additional costs or fees after the defendant is removed by the court from the Drug Court Program. Provider's agreement with defendants will also not require defendants to pre-pay more than two months of fees. H. Provider will obtain information releases complying with HIPAA and 42 CFR Part 2 from each defendant in order for the provider to communicate with the courts and with the Utah County Attorney's Office. I. Provider will timely report to the courts each defendant's compliance with and violations of drug court terms and conditions. If requested, Provider will provide to the courts information concerning a defendant's violation of terms and conditions within 24 hours of Provider having knowledge of the violation. J. All case managers employed by or contracting with Provider will have and maintain certification as Licensed Private Probation Providers, Substance Abuse Counselors or Social Service Workers. K. Provider will ensure that all substance abuse evaluations are conducted by appropriately licensed providers located in Utah County. Without prior permission by the Utah County Division of Substance Abuse, Provider will not refer defendants to the Utah County Division of Substance Abuse for either substance abuse evaluations or for substance abuse treatment. L. Provider will have and maintain an office in Provo or Orem for defendants residing in Utah County and that office will be open at least 30 hours per week excepting normal holidays. 7

8 M. Provider will conduct random drug and alcohol testing no less than at the frequencies outlined in the drug court phases. N. Provider will ensure that all case managers (whether employees or independent contractors) and personnel conducting drug or alcohol testing will appear in the Utah County Justice Court when requested, at no cost to Utah County, and will appear after noticed by a subpoena transmitted by , mail, fax, or personal service. O. Provider will supervise, so long as they are admitted by the courts, no fewer than 50 defendants at any given time in the Utah County Justice Court drug court. (There is no guarantee to Provider of a minimum number of defendants, but Provider must be ready, willing and able to supervise no fewer than the above number of defendants.) P. Provider will maintain a defendant to full-time case manager ratio of no greater than 60 to PAYMENT Provider will receive no revenue or funds from Utah County or the Utah County Justice Court. All revenues or funds to provider will be gained pursuant to an agreement, if any, between provider and the above described drug court participants. 8

9 SIGNATURE SHEET I hereby certify that the information submitted by me/my company in response to this RFP, including the pricing and other information in this Proposal Response Form is true and accurate. I understand that Utah County has the right to reject any or all proposals or to waive minor irregularities when to do so would in the best interests of Utah County. Name of Company/Firm Address Phone Number Fax Number Print Name Signature Date 9

10 ATTACHMENT 1 Drug Court Phases for Utah County Justice Court Drug Court: *12 month maximum for all phases (if not graduated in 12 months abeyance is not successfully completed) *26 week (6 month) minimum for all phases *Upon successful completion of phase I, and with permission of the court, defendants progress to phase II and graduate after successfully completing phase II. *Below specified tasks are minimum requirements for each phase *Phase I does not begin until defendant has presented an approved substance abuse evaluation to the court *Estimated Drug Court fee to the Court is $300 Phase I tasks, 8 weeks (Minimum) 1. Report to case manager in person at least once per week. 2. Attend alcohol/drug counseling/treatment as indicated by the substance abuse evaluation. 3. Submit to random urinalysis and, if appropriate, BAC tests at least once per week. 4. Attend Drug Court at least once per week. 5. Attend life skills, job skills, etc. classes as directed. 6. Pay a minimum of $50.00 of the Drug Court fee per month. 7. Maintain approved employment, training, or education totaling a 40-hour work week. 8. Have 30 continuous days of sobriety Phase II tasks, 18 weeks (Minimum) 1. Report to case manager in person at least twice per month. 2. Attend alcohol/drug counseling/treatment as indicated by the substance abuse evaluation. 3. Submit to random urinalysis and, if appropriate, BAC tests at least once per week. 4. Attend Drug Court at least twice per month. 5. Attend life skills, job skills, etc. classes as directed. 6. Pay a minimum of $50.00 of the Drug Court fee per month until paid in full. 7. Maintain approved employment, training, or education totaling a 40-hour work week. 8. Have 60 continuous days of sobriety 10

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