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Personnel Board of Jefferson CountyContract Approval Forms

Contract ID: CO-04-ZSTNV3

Requesting Jurisdiction: Birmingham

Department: 04600/MUNICIPAL COURT;

Requestor: Charlie D. Waldrep

Contractor: Judicial Correction Services, Inc.

Contract Term: 1 Years From: Contract Execution 0 or From 6/1 f2010 to 5/31/2011

Extension Option: Yes Extension Term: 3 Years

Nature of Request: Contract Renewal

Contract Amount: $0.00 Cost Stipulations:

Nature of Services: Judicial Correction Services, Inc. (JCS) to provide probation services for offendersconvicted in the City of Birmingham Municipal Court. The services include supervision of offenders, monthlymeetings with offenders, coordinating the community service work programs, court attendance, collectionof fines and court costs and providing reports of activity to the City (If Birmingham. The services areprovided at no cost and are intended to improve probation success, reduce arrests for failure to complywith probation rules, improve collections, increase opportunities for rehabilitation and reduce the backlogof cases. The contract was originally reviewed and approved by The Board at the May 12, 2009 meetingwhen the Show Cause Hearing occurred. A renewal between JCS and the City of Birmingham was approvedat the August 11, 2009 Board Meeting. It is recommended this contract be approved by the Board sincethere are no differences fro the contract that was approved in August of 2009.

n/~-.l'llenied Q Conditional:

Date: ql8/20JQ

This contract is approved pursuant to Rule 11.4 of the Board's Bulf?~.'!lfJ9J<,{Jgl.J./gji90$. and §2 of the EnabiingAct of the Stale of Alabama. No iunher representation is being made /)y the Personnel Board of JeffersonCounty as to the status of the above narned vendor as an fndependeni' Contractor:

Fotm Date OB.•.V2/2ft{)(j

http://WVv-w.dataman.org/contractapprovallcontr-1Jrint.asp?contid=CO-04-Z8TNV3 6/1/2010

WALDREP STEWART ,~': KENDRICKLLC

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May 14,20102010 /.y. y ?'7 /"

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Mr. Lorren OliverDirector, Jefferson County Personnel Board2121 8th Avenue NorthSuite 100Birmingham, AL 35203~2387

RE: Judicial Correction Services, Inc.Our File No.: 10419.001

Dear Lorren:

Enclosed please find a copy of the proposed 2010 - 2011 Contract Agreement betweenthe City of Birmingham (the "City") and Judicial Correction Services, Inc. ("JCS"). ThisAgreement is being submitted for the Board's approval. Please feel free to contact me if youhave questions or require additional information.

Yours very truly,

WALDREP STEWART & KENDRICK, LLC

~7Af1/~Charlie D. Waldrep

CDW/aml

Enclosure

cc: Hon. William A. Bell, Sr. (w/enclosure)HOD. Roderick Royal (w/enclosure)Thomas Bentley, lIT, Interim City Attorney (w/enclosure)Mr. Robert McMichael (w/o enclosure)Kinte Holloway (w/o enclosure)Kevin Eagan (w/o enclosure)Dennis Sanders (w/o enclosure)

2323 2ND AVENUENORTH BIRMINGHA~,AL 35203

(205) 254-3216 FAX (205) 324-3802 TOLL FREE 8<)0-476-5128 W5KLLC.COM

BIRMINGHAM MONTGOMERY I3E5~;EME:R

PROPOSED AGENDAPERSONNEL BOARD OF JEFFERSON COUNTY MEETING AGENDA

June 8.2010

I. OPENING REMARKS BY BUDDY SMITH

II. OPERATIONAL UPDATESPersonnel Dtrector's commentsHR Information and Technology Services & City of Birmingham 1-1 Project Update- Roger McCulloughBusiness Office - Cynthia HolinessWorkforce Development & Applicant Services - Guy DeweesPerformance Measurement - Jeff Crenshaw

III. ACTION ITEMS

a) Board minutes for meeting held on May 11, 2010.

b) Recommendation that the Board approve the 2010-2011 Proposed Budget.

c) Resolution to freeze Board merit increases from September 25, 2010 throughSeptember 23, 2011.

d) Resolution granting all employees of the Personnel Board a one and one-halfpercent (1.5%) cost of living adjustment effective September 25, 2010 throughSeptember 23, 2011.

e) Recommendation that the Board approve the 20'10-2011 Holiday Schedule. Theholiday schedule includes one additional variable day for Board staff (cost neutralto the Personnel Board).

f) Legal Services for Fiscal Year 2010-2011I. Lloyd, Gray, Whitehead & Monroe, P.C.II. Balch & Bingham LLP

g) Recommendation that the Board approve a contract renewal between The City ofBirmingham (Municipal Court) and Judicial Correction Services, Inc. to provideprobation services for offenders convicted in the City of Birmingham MunicipalCourt. The services include supervision of offenders, monthly meetings withoffenders, coordinating the community service work programs, court attendance,collection of fines and court costs and providing reports of activity to the Clty ofBirmingham. The services are provided at no cost and are intended to improveprobation success, reduce arrests for failure to comply with probation rules,improve collections, increase opportunities for rehabilitation and reduce thebacklog of cases. The contract was originally reviewed and approved by theThree-Member Board at the May 12, 2009 meeting when the Show CauseHearing occurred. A renewal between JCS and the City of Birmingham wasapproved at the August 11, 2009 Board Meeting. It is recommended thiscontract be approved by the Board since there are no differences from thecontract that was approved in August of 2009.

AGREEMENTTHIS AGREEMENT, made this __ day of __ , 2010, by and between:

CITY OF BIRMINGHAM, ALABAMA, a municipal corporationof the State of Alabama (hereinafter sometimes referred to as the"City");

AND

JUDICIAL CORRECTION SERVICES~ INC., a Delawarecorporation, licensed to do and doing business in the State ofAlabama (hereinafter called "Jes".)

WITNES SETH:

WHEREAS, the City finds that it is desirable to provide for increased supervision of and

contact between offenders convicted in the Municipal Court and probation officers, in order to

improve probation success, reduce arrests for failure to comply with probation orders, promote

fairness, improve tlie collection rate for fines and probation fees, increase opportunities for offender

rehabilitation, provide sentencing alternatives, and improve the fair and efficient administration of

justice; and

WHEREAS, retaining a firm to assist with probation supervision of convicted non-indigent

misdemeanor offenders and the collection of probationer fines ("Services") for one year will

enhance the City's ability to carry out its goals set forth hereinabove by reducing the backlog of

cases being handled by the City's probation officers; and

WHEREAS, JCS has the experience, skills, and knowledge necessary to provide said

Services;

NOW THEREFORE, in consideration of the mutual promises and obligations herein

contained, the parties hereto agree as follows:

1. JCS agrees to:

A. Provide all the services, licenses, labor, materials, monitoring, inspection, equipmentand insurance specified herein and in Appendix A (hereinafter referred to as the

"Contract Documents"). For these purposes, all of the provisions contained in theContract Documents are incorporated herein by reference with the same force andeffect as if those said Contract Documents were herein set out in full.

II. The City agrees to:

A. Cooperate with JCS to provide access to the City-owned sites for theprovision of probation supervision and related services pursuant to the ContractDocuments.

B. Provide JCS with an area, as available" for conduct of initial interviews andorientation with probationers on the day of sentencing.

C. Provide JCS with reasonable notice of all court sessions that JCS is toservice. Notice for purposes of this provision may be given by United States Mail,electronic mail (e-mail), facsimile, or telephone, to such persons(s) as JCS shalldesignate.

D. The judges of the City's Municipal Court ("Court") at their discretion shallrefer convicted non-indigent offenders sentenced to probation to JCS for provision ofthe services specified in each judge's order. rcs shall provide the Services at nocost to the City. The costs of JCS's Services, as set forth in Appendix "B" attachedhereto, shall be paid by the convicted non-indigent offenders pursuant to Courtorders making payment of the following probations fee(s) a term and condition ofprobation:

1. A flat monthly probation fee of $40.00 for basic or intensivesupervision;

2. $40 supervision fee will be waived if the defendant meets allconditions of probation within 14 days of adjudication unlessspecified by the judge.

3. A one-time $10 set-up fee for each probationer;

4. Community service insurance with $10,000.00 of medical/deathbenefits with a premium of $15.00 for each 40 hours of communityservice when such community service is ordered by the Court; and,

5. A mutually agreeable fee negotiated by the parties hereto for anyother services ordered by the Court for a probationer.

III. Term of the Agreement:

The term of this Agreement commences on June 1, 2010, and terminates on May 31,2013. This Asreement may be renewed by mutual agreement of the parties for three(3) additional three year periods under the same terms and conditions as are

contained herein. Either JCS or the City may terminate this Agreement with orwithout cause upon thirty (30) days written notice to the other party hereto.

IV. Confidentiality:

With respect to any information or materials furnished by the City, its agents oremployees to JeS in order for JeS to carry out its work under this Agreement, JeSshall keep any and all such information confidential and shall not make available toanyone else any such information without prior written approval ofthe City. Anyreport or study prepared by JeS shall be the property of the City and all rights ofcopyright remain with the City. JCS may not reproduce or disseminate in anymanner any information learned or obtained as a result of the services provided bythe City under this Contract.

V. Insurance:

A. JCS shall provide and maintain such insurance policy as will protect JCSfrom claims of its employees under the Alabama Worker's CompensationActs, and any other claims for damages or personal injuries (including death)which may arise from operations under this Agreement, irrespective ofwhether such operation be by JeS directly or by any Subcontractor, or byanyone directly or indirectly employed by either of them. The policy shall beendorsed to include a waiver of subrogation in favor of the City.

Insurance will cover theft of City funds as well as any monetary loss thatmight result from any negligence or unprofessional conduct of a JCSemployee.

B. JCS shall maintain policies of comprehensive general liability insurance,including bodily injury, property damage, personal injury, premisesoperations, products and complete operations, and hazard coverageCommercial automobile liability insurance

C. The Comprehensive general liability and comprehensive automobile liabilityinsurance policies shall provide a minimum of $500,000.00, public liabilitycoverage, per occurrence and a minimum of $100,000.00 coverage forproperty damage; or combined single limits of $600,000.00 peToccurrence.

D. All of JCS's policies of insurance, as required in the preceding items above,shall name the City as an additional insured with respect to the sale or jointnegligence, acts or omissions of JCS. All deductibles under said policiesshall be the sole responsibility of JCS.

E. JCS hereby waives all rights of recourse against the City, its Municipal Courtemployees, and Municipal Court Judges including any rights to whichanother may be subrogated, with respect to any claim of personal injury(including death), or any property damage, to the extent covered by any ofJeSts insurance policies with respect to the sole or joint negligence, acts oromissions of Jes. All of JeS's policies of insurance are to provide the City

with thirty (30) days prior written notice of cancellation or any materialadverse change.

F. lCS shall place all liability insurance in companies authorized to do businessin the State of Alabama with a current A.M. Best Rating of "A-", Class VI orbetter or be written by Lloyds of London and shall comply with thefollowing:

1. Within thirty (30) days of the approval of this agreement, JCS shallfurnish or have its insurer furnish to the Mayor of the City, or hisdesignee, Certificates of Insurance under all policies. Suchcertificates are to be properly executed by an authorizedrepresentative ofthe insurer(s).

2. Each Certificate of Insurance shall provide that prior written notice ofcancellation of not less than thirty (30) days shall be addressed to theMayor of the City, or his designee.

3. JCS or its insurer shan use the certificate form approved by the City.

4, Upon request, lCS or its insurer shall immediately furnish copies ofthe required insurance policies to the Mayor of the City, or hisdesignee.

VI. GENERAL TERMS AND CONDITIONS:

A. The Finance Director for the City shall determine the date for payment and the paymentperiod whereby JCS shall tender to said Finance Director (or his designee) all fines andcourt costs collected from probationers for whom JCS provided probation servicesduring the preceding month. The payment to the City shall be accompanied by aspreadsheet indicating the names of the probationers, the Municipal Court case numbers,the payments received and the allocation of same for fines and court costs and thebalance owed by each probationer. The spreadsheet will be in the form acceptable to theFinance Director and copies of same shall be provided to such other persons as theFinance Director shall direct.

B. The obligations herein assumed by JCS and the City shall be governed by the laws ofthe State of Alabama and the parties hereto agree to submit to the jurisdiction of theCircuit Court for the County of Jefferson, State of Alabama.

c. JeS shall send all financial reports and invoices in both electronic and paper fonn toCity Finance Director Henry Young, its designee, at 710 North 20th Street Birmingham,AL 35203; to the Municipal Court Administrator at 801 1ih Street North, Birmingham,AL 35203; and to any such other address as the City may designate in writing to Jes.

D. The City shall submit all requests or notices to JCS through City Finance Director HenryYoung, its designee, at 710 North 20th Street Rirmingham, AL 35203 or at such otheraddress as rcs may designate in writing to the City.

E. Neither this Agreement, nor any interest herein, nor any claim arising hereunder may betransferred or assigned by JCS to any other party or parties, without the written approvalofthe City.

F. JCS shall release, save, hold harmless and indemnify the City, its elected officials,officers, employees and agents (collectively, the "Indemnified Parties") from and againstany and all claims arising from or in connection with the Services; from or in connectionwith any activity of JCS or any of its agents, contractors, subcontractors or employees;and from or in connection with any damages or injuries sustained by any employee,agent, contractor, or subcontractor of JCS (hereinafter collectively referred to as"Claims") and from and against all costs, attorney's fees, expenses and liabilitiesincurred in the defense of Claims against the Indemnified Parties. JCS, upon sufficientand reasonable notice from the City, shall defend the City at JCS's expense againstClaims with counsel satisfactory to the City. The foregoing indemnity obligation shallsurvive the expiration or earlier termination of this Agreement. JCS shall alsoindemnify the City against all liability and loss in connection with and shall assume fullresponsibility for the payment of all Federal, State and local taxes or contributionsimposed or required thereunder, including, but not limited to, unemployment insurance,social security and income tax laws, with respect to JCS employees engaged in theperformance of this Agreement.

G. JeS hereby expressly agrees and acknowledges that it is an Independent Contractor asdefined by the laws of the State of Alabama. As such, it is specifically agreed andunderstood that the City shall not be liable to JCS,its agents, employees, subcontractors,servants and/or any other person performing services under this Agreement for anybenefits, contributions or coverage under the Worker's Compensation Laws of the Stateof Alabama. Neither the JCS, nor its agents or employees shall be consideredemployees of the City for the purpose of unemployment compensation coverage, thesame being hereby expressly waived and excluded by the parties hereto. The City isinterested only in the result obtained under this Agreement and the manner and means ofconducting the work are under the sale control of JCS in accordance with the termshereof. None ofthe benefits provided by the City to its employees are available :fromtheCity to the employees, agents or servants of JCS. JCS will be solely and entirelyresponsible for its acts and for the acts of its agents, employees, servants andsubcontractors during the performance of tins Agreement. Both the City and JCSacknowledge and agree that this Agreement is not intended to give or confer anybenefits, rights, privileges, claims, actions or remedies to any person or entity as a thirdparty beneficiary or otherwise.

H. JeS will not infringe on any duties handled by Court Referral Officers, to include butnot limited to, drug andlor alcohol treatment, rehabilitation or supervision for defendantcharged and convicted of any drug and/or alcohol related offenses ..

I. JCS endeavors to supervise both indigent and/or non-indigent misdemeanor cases asprescribed by the Court and to assist probation officers employed by the City by:

a) Reducing each officer's caseload;b) Adding JCS intake officers within the Court;

c) Making programs utilized by JeS available to all probation officers;d) Offering house arrest capabilities;e) Expanding the range of services offered by the Courtf) Offering reporting options at JCS's current or future offices within Georgia,

Florida, Mississippi or Alabama.

J. JCS acknowledges that the City encourages minority and women owned businessparticipation to the maximum extent possible as a matter of public policy. In all hiringor employment made possible by or resulting from this Agreement, JCS agrees thatthere: (1) will not be any discrimination against any employee, or applicant foremployment because of race, color, religion, sex, handicap or national origin; and, (2)where applicable, affirmative action will be taken to ensure that JeS employees aretreated during employment without regard to their race, color, religion, sex, handicap ornational origin. Th:is requirement shall apply to but not be limited to the following:employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;layoff or termination; rates, payor other forms of compensation; and selection fortraining, including apprenticeship. All solicitations for advertisements for employeesshall state that all qualified applicants will receive consideration for employment withoutregard to race, color, religion, sex, handicap, or national origin.

K. JeS will provide a local resource center to help offenders search for employment andcreate resumes, etc.

L. JCS will provide a free JOB Readiness Class for each defendant assigned to JCS'scase supervision program.

M. JCS will utilize local community colleges to help develop the necessary skills foroffenders to improve job awareness, build business relationships with local businessowners, to explore job placement of offenders who meet certain guidelines to bedetermined by JCS and the local businesses.

N. This Agreement constitutes the entire agreement and understanding between the Cityand JCS with respect to the matters set forth herein, and all understandings andagreements heretofore existing are superseded by this Agreement. No change oralteration to this Agreement shall be binding upon the City or JCS unless it is in writingand is signed by both the City and JCS.

O. JCS agrees that at all times it shall comply with all federal, state and local laws, statutes,regulations, ordinances, rules, and orders of all governmental, judicial, andadministrative entities in performing its services under this Agreement. JeSacknowledges and agrees that it is solely responsible for ensuring its compliance withsaid laws. The parties agree that Jes is not an agent or employee of the City, and thatthe City does not control the methods by which JCS performs its services under thisAgreement.

IN WITNESS WHEREOF, each party hereto has caused this Agreement to be duly executedas of the date first above written.

ATTEST: CITY OF BIRM[NGHAM, ALABAMA

By: _Paula R. Smith, City Clerk William A. Bell Sr., Mayor

JUDICIAL CORRECTION SERVICES, INC.

By: _

Its: _

Approved as to Form;

Assistant City Attomey / Date