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SUPERIOR COURT OF CALIFORNIA,

COUNTY OF ALAMEDA JUVENILE DEPENDENCY

REQUEST FOR PROPOSAL NO.

10082/JDB/03

SPECIFICATIONS, TERMS & CONDITIONS for

COURT APPOINTED COUNSEL IN JUVENILE DEPENDENCY CASES

(Primary Contract)

BIDDERS CONFERENCE At

10:00 a.m. on

April 10, 2003 At

1401 Lakeside Drive, Suite 1107 Oakland, CA 94612

RESPONSE DUE by

2:00 p.m. on

April 29, 2003 at

Alameda County, GSA-Purchasing 1401 Lakeside Drive, Suite 907

Oakland, CA 94612

i:\contracting opportunities\purchasing\rfp_courtconsl1.doc 3-28-03

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA

REQUEST FOR PROPOSAL NO. 10082/JDB/03 SPECIFICATIONS, TERMS & CONDITIONS

For COURT APPOINTED COUNSEL IN JUVENILE DEPENDENCY CASES

(Primary Contract)

TABLE OF CONTENTS Page 1 of 1

Page

I. STATEMENT OF WORK 1. Intent .............................................................................................................1 2. Background............................................................................................... 1-2 3. Scope ........................................................................................................ 2-4 4. Specific Requirements.............................................................................. 4-7 5. Scope and Objectives of Proposal............................................................ 7-9 II. INSTRUCTIONS TO BIDDERS 6. County Contacts .........................................................................................10 7. Calendar of Events .....................................................................................10 8. Bidders Conference…................................................................................11 9. Submittal of Bids................................................................................. .11-12 10. Modification or Withdrawal of Proposals............................................ 12-13 11. Response Format ........................................................................................13 12. Response Content/Submittals............................................................... 13-17 13. Evaluation Criteria................................................................................ 17-18 III. TERMS AND CONDITIONS 14. Term / Termination / Renewal ...................................................................18 15. Caseload Data.............................................................................................18 16. Award .........................................................................................................19 17. Invoicing.....................................................................................................19 18. Acceptance of Conditions ..........................................................................20

19. General Requirements .......................................................................... 20-21 ATTACHMENTS Exhibit A – Intentionally Omitted Exhibit B - Bid Form

Exhibit C – Insurance Requirements Exhibit D1 – Current References

Exhibit D2 – Former References Exhibit E – Exceptions, Clarifications, Amendments

Specifications, Terms & Conditions for Court Appointed Counsel in

Juvenile Dependency Cases

I:\Contracting Opportunities\Purchasing\RFP_CourtConsl1.doc Page 1 of 21 3-28-03

I. STATEMENT OF WORK

1. INTENT

The purpose of this Request for Proposal (RFP) is to provide the Superior Court of California, County of Alameda (Court) with competitive bids in order to select the most efficient and cost effective provider of minor child and/or parent representation in juvenile dependency cases. Proposals may be submitted for this RFP No. 10082/JDB/03 (Primary Contract) or the secondary RFP No. 10083/JDB/03 (Conflict Contract) or both. RFPs for each contract, which may arise as a result of this RFP, are being issued concurrently. Proposals submitted for both contracts, which may arise hereby, must include a statement regarding how the bidder will avoid conflicts of interest. Proposals will be considered in developing a plan for handling these cases beginning June 22, 2003. Proposals are being solicited for a three (3) year contract and a total fee bid for each year is required. Only proposals for an all-inclusive contract (including overhead and incidental expense) will be accepted. The Court intends to negotiate with the bidder whose proposal(s) best serve the needs of the Court at a reasonable cost. Qualified bidders shall meet minimum standards for practice before a Juvenile Court as set forth in California Rules of Court, Rule 1438(c) and Welfare and Institutions (W&I) Code § 317.6. Contractor shall also be licensed to practice law in the State of California.

2. BACKGROUND

Assigned Counsel - Contracted Legal Representation of Minors

The Office of the Alameda County Public Defender, the County of Alameda and the Superior Court have a Memorandum of Understanding whereby the Public Defender is appointed by the Court to represent minors and their parents in dependency proceedings pursuant to California W& I Code §317(c) through June 21, 2003. The Public Defender provides sufficient attorneys and support staff to represent minors and their parents in six (6) departments of the Juvenile Dependency Court in Alameda County and related juvenile court appearances in such other departments of the Court to which matters are assigned because of length of trial or other reason. The Public Defender’s Office handled approximately twenty-seven hundred (2700) cases in calendar year 2002 (2600 Minors and 100 Parents). Many clients use English as their second language or are monolingual in a language other than English. Cases are heard chiefly in three (3) court locations, two (2) in Oakland, CA and one (1) in Hayward, CA. The Alameda County Bar Association and the Court have a contract whereby the Bar Association provides attorneys who represent clients when the Public Defender is unable to do




so as a result of a conflict of interest. The Bar Association handled approximately one thousand two hundred sixty (1,260) cases in fiscal year 2001-2002. This conflict representation is the subject of a separate RFP which is being issued concurrently with this RFP. Bidders may submit proposals for either of these contracts or for both. Proposals submitted for both contracts must include a statement regarding how the bidder will avoid real or potential conflicts of interest. Bidders must submit a proposal to represent clients in the current arrangement of six (6) Court departments in three (3) court locations. No facilities will be provided for the Contractor under this proposal. All office space, except for client interview rooms at the Court facility, will be the responsibility of the contractor.

3. SCOPE OF WORK

Juvenile Dependency Court Description

The Alameda County Juvenile Dependency Court is the division of the Superior Court which has the responsibility for hearing cases involving children who have been abused and neglected. The legal actions in this Court are described in California W&I Code §§ 300 et seq. As provided in California W&I Code §300.2, the purpose is:

“…to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, being neglected, or being exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of that harm. This safety, protection, and physical and emotional well-being may include provision of a full array of social and health services to help the child and family and to prevent repeat abuse of children. The focus shall be on the preservation and emotional well-being of the child.”

The mission of the Juvenile Dependency Court of Alameda County as determined by the Alameda County Superior Court is to protect children, preserve families, and provide permanency for children while treating all with dignity, respecting diversity, and valuing each child as our own. Acknowledging that Juvenile Dependency Court is a court of law and that all parties have certain due process rights based upon the federal and State constitutions and State statutes, the Juvenile Dependency Court of Alameda County sets the following goals and takes steps to ensure that:

a. Child welfare safety shall be the primary considerations in all decisions within the juvenile dependency system.




b. Child welfare professionals will design and coordinate all services for the family and

ensure that they are practical and executable. c. Families will encounter the same professionals throughout the time their case(s) are/is

before the Court.

d. Certain children will experience a single stable placement within their community until a permanent home can be found.

e. All children will have an identified permanent home within one (1) year of removal from

the home of their parents. f. All professionals will provide up-front services and interventions, using the court process

as a last resort for the resolution of cases. g. All professionals will assist families who come into contact with the child welfare system

and provide for solutions to their familial welfare problems. h. All professionals will resolve issues utilizing alternative dispute resolution techniques

while keeping foremost the best interests of the child i. All professionals will encourage and support the use of trained volunteers within the

juvenile dependency system. j. All professionals will cooperate in immediately gathering information regarding family

members, including medical, mental health and educational histories and other facts necessary to assist the child and family members.

k. The Court, when required to do so, will provide a fair, speedy, economical, and

accessible forum for the resolution of matters involving child welfare. l. All children under Court jurisdiction will have their medical, mental health and

educational needs addressed by their caretakers and all professionals working within the child welfare system.

The Juvenile Dependency Court works with all court-serving agencies, attorneys, and other courts in an attempt to identify cases in different courts involving the same child or family members and to consolidate and coordinate the resolution of all related cases. Alameda County Juvenile Dependency Court Workload Representation in dependency matters is a high volume workload. The safety of the child is of primary consideration in all matters brought before the Court. The schematics of the hearing




process and representation requirements in child dependency proceedings is summarized in Table 1 below.

Table 1: Juvenile Dependency Proceedings and Representation Requirements

Event Non-Attorney

Attorney

Child Protective Services Referral (Penal Code 11165) X Protective Custody (W&I §306) X Petition (W&I §325, §332.5) X Detention Hearing (W&I §319) X Jurisdictional Hearing (W&I §§345-356) X Dispositional Hearing (W&I §§358-362.4) X Six-Month Review Hearing (W&I §366.21(F)) X Twelve-Month Review Hearing (W&I §366.21(F)) X Eighteen-Month Review Hearing (W&I §366.22) X Selection and Implementation Hearing (W&I §366.26) X Post Permanency Hearing (W&I §366.3, §366.4) X Extraordinary Hearing (W&I §388) X Writs X Dismissal (W&I §390) X

W&I Code § 317.6 requires attorneys who represent parties in dependency matters to be competent, and pursuant to California Rules of Court, Rule 1438, the Court has adopted local rules which particularly affect those attorneys as they represent dependent children. 4. SPECIFIC REQUIREMENTS A. For a three (3) year contract period beginning June 22, 2003, Contractor shall provide

adequate attorney and support staffing for minor child and/or parent representation. The Juvenile Dependency Court is to be served in six (6) departments at three (3) locations throughout all phases of the projected caseload.

B. Specifically, but not limited to, Contractor shall be prepared to:

1. Meet regularly with their clients. 2. Contact social workers and other professionals associated with their client’s case. 3. Have contact with the affected child prior to each hearing. 4. Interview all children four (4) years of age or older unless it is impracticable. 5. Whenever possible, interview the child at the child’s placement. 6. Interview the child’s caretaker, particularly when the child is under four (4) years of age.




7. Engage in Continuing Education of the Bar (CEB) training. 8. Participate in administrative meetings which include:

a. Court systems (monthly) b. Permanency planning (monthly) c. Court training (monthly)

Alameda County Court Facilities and Calendaring System Juvenile dependency cases are heard 600 Washington Ave. and 400 Broadway in Oakland, CA and at 24405 Amador Street, Hayward, CA.

Juvenile Court Dependency Departments Location: 600 Washington Street, Oakland Department No. 132, 133 and 134 Location: 400 Broadway, Oakland Department No. 150 Location: 24405 Amador St., Hayward Department No. 503 and 504 The Juvenile Dependency Court uses a combined master calendar and direct method of calendaring dependency cases. A contract bid should assume that all departments will require support on a continuing basis.

Additional Requirements Expected of the Contractor

Candidates interested in any contract, which may arise as a result of this RFP, shall participate in programs in areas over and above providing traditional legal services. The Court is both interested and active in providing services to parents that will help in resolving their case outside the traditional adjudication track. Below are examples of such activities:




1. Dependency Mediation The Court engages in providing and encourages mediation to families in the juvenile dependency system. This form of alternative dispute resolution is a confidential process in which specially trained professional counselors help the family, social worker, attorneys, and other interested persons discuss and find solutions to the issues in dispute. The goal is to develop a plan which everyone agrees is the safest and best alternative for the child, as well as the safest alternative for the involved adults. Any juvenile dependency issue may be sent to mediation. Any party involved in the case may ask the judge or commissioner to send the case to mediation. The assigned judge or commissioner makes the final decision whether the case will be sent to mediation. Actual mediation may take one or more sessions to formulate a plan. One hundred ninety-six (196) cases were referred to mediation in calendar year 2001. Of the total number of cases referred, two hundred ten (210) mediation sessions were held. Of the total cases mediated, seventy-eight (78%) reached agreement.

2. Drug Treatment Court The Juvenile Court does not currently operate a juvenile drug court; however, the Court is in the process of evaluating juvenile drug courts in other jurisdictions with a view towards the possible opening of such a drug treatment court in the future.

3. Administrative Responsibilities The Juvenile Dependency Court fosters collaboration among all agencies involved in the juvenile justice system. As a result, the administrator of the program for the representation of minor children and others is expected to participate in system-wide meetings that are intended to improve services for children and families in Juvenile Dependency Court. Currently, several meetings are scheduled each month. These include a Presiding Judge/Social Services Agency meeting and a Children’s Multidisciplinary Team meeting. Transfer of Existing Dependency Cases If the Public Defender is not the successful bidder, it is the intent of the Court to transfer all dependency cases from the Public Defender to the successful applicant. However, Court approval is required before a transfer of dependency cases can be accomplished. Consideration will be given to the attorney-client relationship.

An attorney to whom the case is to be assigned shall be allotted sufficient time to become familiar with the case. A time consuming aspect of a case is the initial phase as the attorney learns the case and becomes acquainted with the parties. This attorney time may have to be duplicated in the initial transfer of cases. Also, the assigned attorney may have established a close confidential relationship




with the client. In such instances, a transfer to a new attorney may create problems with the attorney-client relationship. This would have to be considered before the transfer is approved. The transfer of existing cases could raise ethical concerns if the new attorney is not given sufficient time and opportunity to become adequately acquainted with the facts and parties, or if a close attorney-client relationship was to be terminated to the detriment of the client. Bidder is required to provide in the RFP response a plan for the transfer and transition of existing cases and clients

5. SCOPE OF PROPOSAL AND OBJECTIVES OF THE REQUEST FOR PROPOSAL

A. Scope of this RFP The scope of this RFP is to provide minor child representation in newly filed dependency cases

and child or parent representation in those formerly handled by the County Office of the Public Defender.

The Court agrees to re-open the contract, which may arise as a result of this RFP, in the event

the state legislature changes dependency statutes or court decisions are made which impact workload requirements. Proposals shall include consideration of recently enacted California Rules of Court, particularly Rule 1438, which adds substantially to training requirements.

B. Objectives of the Request for Proposal The response to this RFP from bidders shall include how they are compliant with the

requirements of the W&I Code §§317 to 318. The caseload assumptions to be made by an applicant are to be based on statistical data provided in tables 2, 3 and 4 below:

Table 2: Primary Representation in Dependency Matters

Calendar

Year: 2000 2001 2002

Parents 231 145 125

Children 2125 2491 2606

TOTAL 2356 2636 2731




Table 3: Juvenile Dependency Statistics (FY 1998/1999 - FY 2001/2002)

A. No. of Juveniles Subject of

Dependency Petitions:

Fiscal Year: 98/99 99/00 00/01 01/02 Original Petition 1156 1214 1136 1177 Subsequent Petition 11 13 6 17

Total Filings 1167 1227 1142 1194 B. No. of Juvenile Cases

Disposed of:

1. Before Hearing Original Petition 0 40 10 54 Subsequent Petition 0 0 4 0 Total 0 40 10 54 2. After Hearing a. Uncontested Original Petition 1002 925 985 1348 Subsequent Petition 12 32 90 62 Total 1014 957 1075 1410 b. Contested Original Petition 351 290 489 428 Subsequent Petition 64 47 95 30 Total 415 337 584 458 3. Disposition Total Original Petition 1353 1255 1484 1830 Subsequent Petition 76 79 189 92 Total Dispositions 1429 1334 1673 1922 C. Other Data 1. Detention Hearings 892 1299 1639 1178 2. Review Hearings (all) 7237 11140 9658 11043




Table 4: Inventory of Open Dependency Cases

Clients Represented by the Court Appointed Attorney Program (Conflicts)

3,241 60%

Clients Represented by the Public Defender (Primary)

2,160 40%

Total Clients Represented 5,401

The total number of clients represented by both the Public Defender’s Office and the Court Appointed Attorney Program (5,401) includes both new clients created by cases opened in the calendar year 2002 and clients still requiring representation as the result of previously filed petitions. The source of Table 4 is: Juvenile Dependency Services Contract Evaluation prepared by VITETTA – Public Management Consulting in February, 2000.




II. INSTRUCTIONS TO BIDDERS

6. COUNTY CONTACTS

Superior Court is managing the competitive process for this project. All contact during the competitive process is to be through the Superior Court. The evaluation phase of the competitive process shall begin upon receipt of sealed bids until a contract has been awarded. Bidders shall not contact or lobby evaluators during the evaluation process. Attempts by Bidder to contact evaluators may result in disqualification of Bidder. All questions regarding these specifications, terms and conditions are to be submitted in writing, preferably via e-mail by April 4, 2003 to:

James Brighton, Bureau Chief Planning & Research Bureau Superior Court of California, County of Alameda Rene C. Davidson County Courthouse 1225 Fallon Street, Room 104M Oakland, CA 94612

Fax: 510.272.6001 [email protected]

The GSA Contracting Opportunities website will be the official notification posting place of all Requests for Interest, Proposals, Quotes and Addenda. Go to http://www.acgov.org/gsa/purchasing/bid_content/ContractOpportunities.jsp to view current contracting opportunities.

7. CALENDAR OF EVENTS

Event Date/Location Request Issued March 28, 2003 Written Questions Due BY 12:00 noon on April 4, 2003 Bidders Conference APRIL 10, 2003 AT

10:00 AM

AT: 1401 LAKESIDE DRIVE, STE 1107 OAKLAND, CA 94612

Addendum Issued April 16, 2003 Response Due BY 2:00 p.m. on April 29, 2003 Evaluation Period April 30, 2003 - May 9, 2003 Contract Negotiations May 21, 2003 – May 28, 2003 Contract Start June 22, 2003

http://www.co/gsa/purchasing/bid_content/ContractOpportunities.jsp

http://www.co/gsa/purchasing/bid_content/ContractOpportunities.jsp




Note: Award and start dates are approximate.

It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions. By the submission of a bid, the Bidder certifies that if awarded a contract they will make no claim against the County or Court based upon ignorance of conditions or misunderstanding of the specifications.

8. BIDDERS CONFERENCE A bidders conference will be held to • Provide an opportunity for bidders to ask specific questions about the project and request

RFP clarification • Provide the Court with an opportunity to receive feedback regarding the project and RFP Written questions submitted prior to the bidders conference, in accordance with the Calendar of Events, and verbal questions received at the bidders conference, will be addressed whenever possible at the bidders conference. All questions will be addressed and the list of attendees will be included in an RFP Addendum following the bidders conference in accordance with the Calendar of Events. Further questions will not be answered after the bidders conference is held. Failure to participate in the bidders conference will in no way relieve the Contractor from furnishing goods and/or services required in accordance with these specifications, terms and conditions. Attendance at the bidders conference is strongly encouraged and recommended but is not mandatory.

The bidders conference will be held on:

April 10, 2003 at 10 a.m. At Alameda County, General Services Agency Conference Room No. 1107 1401 Lakeside Drive Oakland, CA 94612

9. SUBMITTAL OF BIDS

A. All bids must be SEALED and must be received at the Office of the Purchasing Agent of Alameda County BY 2:00 p.m. on the due date specified above. PLEASE NOTE: LATE AND/OR UNSEALED BIDS CANNOT BE ACCEPTED.




B. Bidders are to submit an original plus ten (10) copies of their proposal. The original

proposal is to be clearly marked and is to be either loose leaf or in a 3-ring binder, not bound.

C. Bids are to be addressed as follows:

Court Appointed Counsel in Juvenile Dependency Cases RFP No. 10082/JDB/03 Alameda County, GSA-Purchasing 1401 Lakeside Drive, Suite 907 Oakland, CA 94612

D. Bidder's name and return address must also appear on the mailing package.

E. Bids will be received only at the address shown above, and prior to the time indicated.

Any bid received at or after said time and/or date or at a place other than the stated address cannot be considered and will be returned to the bidder unopened.

F. No telegraphic or facsimile bids will be considered.

G. All bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier or

package delivery service, must be received and time stamped at the stated address prior to the time designated. The Purchasing Department's timestamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids.

H. Bidder agrees and acknowledges all RFP specifications, terms and conditions and

indicates ability to perform by submission of its bid.

I. Submitted bids shall be valid for a minimum period of one hundred eighty (180) days.

J. All costs required for the preparation and submission of a bid shall be borne by Bidder.

K. All information regarding the bid response will be held confidential until an award has been made. Bidders will be mailed award/non-award notification(s).

10. MODIFICATION OR WITHDRAWAL OF PROPOSALS

Any bidder who wishes to make modifications to a proposal already received must formally withdraw the proposal in order to make any such modification. All modifications must be re-typed or at a minimum, made in ink, properly initialed by Bidder’s authorized representative, executed, and re-submitted in accordance with the terms and conditions of this solicitation. It is




the responsibility of Bidder to ensure that modified proposals are resubmitted before the Submittal Deadline. Bidders may withdraw their proposals at any time prior to the due date and time by submitting written notification of withdrawal signed by the Bidder’s authorized agent. Requests to modify or withdrawal shall be submitted to:

11. RESPONSE FORMAT

A. Bid responses are to be straightforward, clear, concise and specific to the information

requested.

B. In order for bids to be considered complete, bidder must provide all information requested.

12. RESPONSE CONTENT/SUBMITTALS

A. Bid responses must be signed in ink as set forth in this subsection. The signatures

of all persons required under the applicable organizational documents in order to bind the Bidder must be on the bid response.

B. Bidders shall follow the requirements set forth below. Any material deviation

from these requirements may be cause for rejection of the proposal, as determined in the Court’s sole discretion. All items listed below are required to be submitted in each RFP response. The content and sequence of each proposal shall be as follows:

1. Title Page: Show RFP number and title, your company name and address, name of

the contact person (for all matters regarding the RFP response), telephone number and proposal date.

2. Table of Contents: Bid responses shall include a table of contents listing the

individual sections of the proposal and their corresponding page numbers. Tabs should separate each of the individual sections.

3. Cover Letter: Bid responses shall include a cover letter describing the Bidder and

include all of the following:

a) The official name of Bidder; b) The Bidder’s organizational structure (e.g. corporation, partnership, limited

liability company, etc.);

c) The jurisdiction in which Bidder is organized and the date of such organization;




d) The address of Bidder’s headquarters and of any local office involved in the bid

proposal;

e) The Bidder’s Federal Tax Identification Number; f) The name, address, telephone, fax numbers and e-mail address of the person(s)

who will serve as the contact(s) to the Court , with regards to the RFP response, with authorization to make representations on behalf of and to bind the Bidder;

g) A representation that the bidder is in good standing in the State of California and

has all necessary licenses, permits, certifications, approvals and authorizations necessary in order to perform all of its obligations in connection with this RFP.

h) An acceptance of all conditions and requirements contained in this RFP.

4. Letter of Transmittal: Bid responses shall include a description of Bidder’s approach in providing its services to the Court in one or two pages stating its understanding of the work to be done and a positive commitment to perform the work as specified. Bidder shall indicate in this section which RFP it wishes to bid on – Primary Contract (RFP 10082/JDB/03), Conflict Contract (RFP 10083/JDB/03) or both. Proposals submitted for both must include a statement regarding how the bidder will avoid conflicts of interest.

5. Applicable Documentation and Statements: Bid responses shall include the

following:

a) The number of attorneys and support staffing required to adequately perform the projected workload in six (6) dependency departments, with long cause trials assigned to civil trial judges. For purposes of this proposal “support staffing” is defined as investigative, clerical and paralegal staff.

b) A statement is required that applicant has a place of business in Alameda

County. It is not required that the applicant’s headquarters be within Alameda County.

c) Statement that applicant will be financially capable of supporting the operation

for sixty (60) days prior to the first Court payment. The first Court payment for services will be forwarded to the successful bidder via U.S. mail, thirty (30) days after the first thirty (30) days of service. Thereafter, the Court will pay invoices within thirty (30) days of receipt of Contractor’s monthly invoice.




d) Documentation attorney minimum qualifications, continuing education hours completed, availability of law office facilities (library, child dependency literature, work tools).

e) A implementation plan for the seamless and timely transition of existing cases.

f) Documentation describing the ability of the applicant to provide statistical

information on a quarterly basis to the Court on the following topics: new cases opened by month, cases disposed of by month and the disposition, number of appearances by hearing type by month, average amount of time to process a case, workload per attorney, and financial expenditure information and any additional information that the Judicial Council/Administrative Office of the Courts or other state agencies may require.

6. Description of the Proposed Services:

Bid response shall include a description of the terms and conditions of services to be provided during the contract term including response times. The description must: (1) specify how the services in the bid response will meet or exceed the requirements of the Court; (2) explain any special resources, procedures or approaches that make the services of Bidder particularly advantageous to the Court; and (3) identify any limitations or restrictions of Bidder in providing the services that the Court should be aware of in evaluating its response to this RFP.

7. Budget and Cost Estimates - Bid Form Exhibit B

The bidder must specify in this section a cost breakdown showing the total maximum cost to the Court for this project by fiscal year (July 1 through June 30) for thirty-six (36) months. The budget shall be presented with the understanding that it will be final and will not be exceeded.

Along with the cost data outlined above, the Bidder shall indicate the basis and method of billing the Court. All services to be billed, inclusive of overhead and incidental expenses should be specifically identified along with a full schedule of billing rates. Bids should NOT be submitted on the basis of cost per hearing.

8. Key Personnel - Qualifications and Experience

Bid responses shall include a complete list of and resumes for all key personnel associated with the RFP. This list must include all key personnel who will provide services to Court. For each person on the list, the following information shall be included: (1) the person’s relationship with Bidder, including job title and years of employment with Bidder; (2) the role that the person will play in connection with the RFP (3) address, telephone, fax numbers, and e-mail address; (4) the person’s




educational background; (5) the person’s relevant experience; and (6) relevant awards, certificates or other achievements. This section of the bid response should include no more than two pages of information for each listed person.

9. Financial Statements – Bid responses shall include:

Audited financial statements for the past three (3) years; or signed copies of the past three (3) years Federal tax returns.

10. Proposed Contract

Bid responses shall include a copy of Bidder’s proposed contract. Acceptance of Bidder’s response by the Court does not imply the Court’s acceptance of Bidder’s proposed contract, its terms or conditions included therein.

11. References, Exhibit D1 and D2 A. Bidders are to provide a list of three (3) current and three (3) former clients on Exhibit

D1 and D2, attached hereto. References should have similar scope, volume and requirements to those outlined in these specifications, terms and conditions.

B. Reference information is to include:

• Company/Agency name • Contact person (name and title), contact person is to be someone directly

involved with the services. • Complete street address • Telephone number • Type of business • Dates of service

C. The Court may contact some or all of the references provided in order to determine

Bidder’s performance record on work similar to that described in this request. The Court reserves the right to contact references other than those provided in the response and to use the information gained from them in the evaluation process.

D. Bidder shall provide on a separate sheet(s), complete reference information for all

public institutions or agencies for which it provides or has provided comparable product, systems and services. Each reference shall include the project name and location, the scope of services performed and the name, address, telephone and fax numbers of the person who may be contacted for reference information.




12. Evidence of Insurance Certificates of insurance are required per the attached Exhibit C from a reputable insurer evidencing all coverages required for the term of the contract of any contract that may be awarded pursuant to this RFP.

13. Exhibit E, Exceptions, Clarifications and Amendments Form, completed and

signed. (The Court is under no obligation to accept any exceptions and such exceptions may be a basis for bid disqualification.)

13. EVALUATION CRITERIA

All proposals will be evaluated by the Court. The Court will select a contractor in accordance with the evaluation criteria set forth in this RFP. The evaluation of the proposals shall be within the sole judgment and discretion of the Court.

All contact during the evaluation phase shall be through the Superior Court only. Bidders shall not lobby evaluators during the evaluation process. The Court will evaluate each proposal meeting the qualification requirements set forth in this RFP. Bidders should bear in mind that any proposal that is unrealistic in terms of the technical or schedule commitments, or unrealistically high or low in cost, will be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the Court’s requirements as set forth in this RFP. As a result of this RFP, the Court intends to award a contract to the responsible bidder(s) whose response conforms to the requirements of this RFP and whose bid presents the greatest value to the Court, all evaluation criteria considered. The Court may award a contract of higher qualitative competence over the lowest priced response.

The basic information that each section should contain is specified below, these specifications should be considered as minimum requirements. Much of the material needed to present a comprehensive proposal can be placed into one of the sections listed. However, other criteria may be added to further support the evaluation process whenever such additional criteria are deemed appropriate in considering the nature of the services being solicited.




The Evaluation Criteria are as follows:

Evaluation Criteria

A. Completeness of Response Responses to this RFP must be complete.

B. Financial Stability C.

Overall Proposal - Contractors will be evaluated on the basis of providing a clear, concise and complete program proposal.

D.

Relative experience, background and professional qualifications of the personnel who are responsible for implementing the program.

E. Description of organizational structure and service delivery plan. F. Responsiveness to client population and its language needs. G. References H. Cost

III. TERMS AND CONDITIONS

14. TERM / TERMINATION / RENEWAL

A. The term of the contract, which may be awarded pursuant to this RFP, will be three (3) year(s).

B. The County may terminate the contract at any time without written notice upon a

material breach of contract and substandard or unsatisfactory performance by the Contractor. In the event of such termination, the County reserves the right to invite the next highest ranked bidder to enter into a contract or re-bid the project if it is determined to be in its best interest to do so.

C. By mutual agreement, any contract which may be awarded pursuant to this RFP, may be

extended for additional terms at agreed prices with all other terms and conditions remaining the same.

15. CASELOAD DATA Caseload Data listed herein are based on past usage and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.




16. AWARD A. Proposals will be evaluated by the Court in accordance with the RFP section entitled

“Evaluation Criteria”

B. The Court will award the contract to the bidder who, in its opinion, has submitted the proposal that best serves the overall interests of the Court. Award may not necessarily be made to the bidder with the lowest price.

C. The Court reserves the right to reject any or all responses that materially differ from

any terms contained herein or from any Exhibits attached hereto and to waive informalities and minor irregularities in responses received.

D. After the successful bidder is selected, the Court will enter into contract negotiations

regarding the terms and conditions of the services to be rendered by Contractor. Award of the contract is conditioned upon approval by the Court.

E. The RFP specifications, terms, conditions and exhibits, RFP Addenda and Bidder’s

proposal, may be incorporated into and made a part of any contract that may be awarded as a result of this RFP.

17. INVOICING

A. Contractor shall invoice the Court monthly, thirty (30) days in arrears. B. The first payment for services will be forwarded to Contractor via U.S. mail, 30 days

after the first thirty (30) days of service. Thereafter, payment will be made within thirty (30) days following receipt of invoice and upon complete satisfactory performance of services.

C. Court shall notify Contractor of any adjustments required to invoice.

D. Invoices shall contain Court PO number, invoice number, remit to address and itemized

services by case number.

E. Contractor shall utilize standardized invoice prescribed by the Court.

F. Payments will be issued to and invoices must be received from the same Contractor whose name is specified on the POs.




18. ACCEPTANCE OF CONDITIONS By submitting a proposal, the bidder affirms that he/she accepts the following conditions, any of which may be included in the contract to be entered into between the Court and the bidder:

A. The Court may require whatever supporting documentation it deems necessary

relative to the bidder’s financial ability to complete the contract.

B. The Court reserves the right to ask for further information from the bidder.

C. The Court reserves the sole right to evaluate the bidder.

D. The Court reserves the right to reject all proposals.

E. The Court Executive Officer, or designee, on behalf of the Court shall conclude contract terms & conditions with the winning bidder.

F. The Court may cancel this project at any time up until the award of the contract, without any

cost or obligation. In the event agreement cannot be reached with the selected bidder, the Court reserves the right to select an alternative proposal.

19. GENERAL REQUIREMENTS

A. Contractor shall meet minimum standards for practice before a Juvenile Court as set

forth in California Rules of Court, Rule 1438(c) and Welfare and Institutions (W&I) Code § 317.6.

B. Contractor shall be licensed to practice law in the State of California.

C. Contractor shall possess all permits, licenses and professional credentials necessary to perform services as specified under this RFP.

D. Proper conduct is expected of Contractor’s personnel when on Court/County premises.

This includes adhering to no-smoking ordinances, the drug-free work place policy, not using alcoholic beverages and treating employees courteously.

E. Court has the right to request removal of any Contractor employee or subcontractor who

does not properly conduct himself/herself/itself or perform quality work. F. Contractor shall be responsible for any and all damage to Court facilities or equipment

as a result of an act or omission arising out of Contractor’s performance under any contract awarded to him/her/it pursuant to this RFP.




G. All work shall be performed in a professional manner according to professional

standards.

H. Contractor shall not assign or transfer any interest or claim arising from any contract that Contractor may enter into arising from this RFP, without the prior written approval of the Court.

I. Time is of the essence in each and all the provisions of this RFP.

EXHIBIT A

This page has been intentionally omitted.

Company Name:

EXHIBIT B

COUNTY OF ALAMEDA RFP No. 10082/JDB/03

for


BID FORM BUDGET AND COST ESTIMATES

Cost shall be submitted on Exhibit B as is. No alterations or changes of any kind are permitted. Bid responses that do not comply will be subject to rejection in total. The bidder must specify in this section below a cost breakdown showing the total maximum cost to the Court for this project by fiscal year (July 1 through June 30) for 36 months. The budget should be presented with the understanding that it will be final and will not be exceeded.

DESCRIPTION

Based on staffing, personnel allocations and costs required to perform the services required in this RFP, quote costs below.

Juvenile Legal Counsel Services Fiscal Year July 2003 – June 2004

TOTAL COST YEAR 1:


TOTAL COST YEAR 2:


TOTAL COST YEAR 3:

TOTAL COST (all three years)

EXHIBIT C

INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES CONTRACTS

Indemnity: The Contractor shall indemnify, defend, and hold harmless the Superior Court of California, County of Alameda, (hereinafter "Court"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the Court. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the Court. The Contractor shall reimburse the Court for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the Court under this Agreement. Insurance Without limiting the Contractor's indemnification of the Court, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverage and provisions:

A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. The Court's Special Endorsement form shall accompany the certificate. Individual endorsements executed by the insurance carrier may be substituted for the Court's Special Endorsement form if they provide the coverage as required. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the requesting Court department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the Court. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.

B. Qualifying Insurers All coverage, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the Court.

C. Insurance Required 1. Commercial General Liability Insurance - for bodily injury (including death) and property damage

which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $2,000,000 c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000

A minimum of 50% of each of the aggregate limits must remain available at all times unless coverage is project specific. 2. General liability coverage shall include:

a. Premises and Operations b. Products/Completed c. Contractual liability, expressly including liability assumed under this Agreement. d. Personal Injury liability e. Owners' and Contractors' Protective liability

f. Severability of interest 3. General liability coverage shall include the following endorsements, copies of which shall be

provided to the Court: a. Additional Insured Endorsement: Insurance afforded by this policy shall also apply to the Court and the officers, agents, and employees of the Court, individually and collectively, as additional insured. Such insurance shall also apply to any municipality in which the work occurs and they shall be named on the policy as additional insured (if applicable). b. Primary Insurance Endorsement: Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the Court, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. c. Notice of Cancellation or Change of Coverage Endorsement: Insurance afforded by this policy shall not be canceled or changed so as to no longer meet the specified Court insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the Court. d. Contractual Liability Endorsement: Insurance afforded by this policy shall apply to liability assumed by the insured under written contract with the Court.

4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles.

a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft.

5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. c. Coverage under the United States Longshoremen's and Harbor Workers' Act shall be provided when applicable.

6. Professional Errors and Omissions Liability Insurance a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate. b. If coverage contains a deductible or self-retention, it shall not be greater than twenty-five thousand dollars ($25,000) per occurrence/event.

7. Claims Made Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that:

a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Consultant will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insured. c. If insurance is terminated for any reason, Consultant agrees to purchase an extended reporting provision of at least two years to report claims arising from work performed in connection with this Agreement or Permit. d. Policy allows for reporting of circumstances or incidents that might give rise to future claims.

D. Special Provisions The following provisions shall apply to this Agreement:

1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the Court or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

2. The Court acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the Court upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions.

3. Should any of the work under this Agreement be sublet, the Contractor shall require

each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies.

4. The Court reserves the right to withhold payments to the Contractor in the event of

material noncompliance with the insurance requirements outlined above.

E. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments)

Before receiving compensation under this Agreement, Contractor will furnish Court with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the Court cited herein. If such bond is canceled or reduced, Contractor will notify Court immediately, and Court may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of Court.

EXHIBIT D-1


for


CURRENT REFERENCES Company Name: Address: City, State, Zip Code: Contact Person: Telephone Number: Type of Business: Dates of Service:

Company Name: Address: City, State, Zip Code: Contact Person: Telephone Number: Type of Business: Dates of Service:


Company Name:

EXHIBIT D-2 COUNTY OF ALAMEDA

RFP No. 10082/JDB/03 for


FORMER REFERENCES Company Name: Address: City, State, Zip Code: Contact Person: Telephone Number: Type of Business: Dates of Service:



Company Name:

EXHIBIT E


for COURT APPOINTED COUNSEL IN JUVENILE DEPENDENCY CASES

Exceptions, Clarifications, Amendments List below requests for RFP clarifications, exceptions and amendments, if any, and submit with your bid response. The Court is under no obligation to accept any exceptions and such exceptions may be a basis for bid disqualification.

Reference To: Item No. Page No. Paragraph

No.

Description

Contractor:

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