DPCS 140R Saratoga County Family Treatment Court Enhanced Parenting Time Services.pdf

DPCS 140R Saratoga County Family Treatment Court Enhanced Parenting Time Services Issued Tuesday, February 27, 2024 Due Wednesday, March 27, 2024 at 2:00 PM EDT

Office of Court Administration Division of Professional and Court Services

Request for Proposals # DPCS 140R Saratoga County Family Treatment Court

Enhanced Parenting Time Services

NEW YORK STATE UNIFIED COURT SYSTEM

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Contents

Reading this Request for Proposals

RFP Articles

I. Background Information and Instructions II. Project Information III. Award IV. Minimum Qualifications V. Project Services VI. Insurance Requirements VII. Award Selection Criteria and Method of Award VIII. Required Documents IX. Submission of Proposal X. Questions XI. Pre-Bid Conference XII. General Specifications

Attachments*

Attachment I - Standard Request for Bid Clauses & Forms Attachment III - Vendor Responsibility: Acknowledgment Form and VR Questionnaire Attachment IV - Procurement Lobbying forms

* Attachments are available for download from the Unified Court System’s Current Solicitation webpage:

http://ww2.nycourts.gov/admin/bids/currentsolicitations.shtml

Exhibits

Exhibit 1: Document Enclosure Checklist Exhibit 2: Proposal Cover Sheet Exhibit 3: Vendor Assurance and Conflict-of-Interest Disclosure Exhibit 4: Insurance Requirements Exhibit 5: Proposal Rating Tool Exhibit 6: Appendix B: Terms and Conditions Applicable to Materials Produced Under the

Agreement

Reading this Request for Proposals

This Request for Proposals (RFP) comprises the Articles, Attachments, and Exhibits described below.

There are twelve (12) Articles in this main document:

I. Background Information and Instructions II. Project Information III. Award IV. Minimum Qualifications V. Project Services VI. Insurance Requirements VII. Award Selection Criteria and Method of Award VIII. Required Documents IX. Submission of Proposal X. Questions XI. Pre-Bid Conference XII. General Specifications

In addition, there are three (3) standard Attachments: Attachments I, III, and IV. Note that Attachment II is deliberately not included in this RFP. The three Attachments that are included in this RFP are available for download from the table on the Unified Court System’s Current Solicitation webpage (http://ww2.nycourts.gov/admin/bids/currentsolicitations.shtml). The attachments are available in the row corresponding to this RFP and in the “Addenda” column. If this RFP requires vendors to submit a “required budget form,” that form is available for download in the same row and column as the Attachments.

Lastly, there are Exhibits that are published in this main document following Article XII. Vendors are strongly encouraged to follow the checklist in Exhibit 1 when assembling their proposal.

Note: Throughout this RFP, the terms, proposer, vendor, and applicant are used interchangeably, as are RFP, bid and solicitation.

For information about why the Unified Court System has issued this RFP, please consult Articles I, II, and V.

If you want to know whether you or your organization qualifies to submit a proposal, please consult Articles IV and VI as well as Attachment III and Exhibit 4.

For information about how and when to submit any questions, please consult Article X. If you want to know whether a pre-bid conference will be held, please consult Article XI.

For guidance about how to submit your proposal, including formatting requirements, please review Articles VIII and IX as well as Exhibits 1 and 2.

For details about how your proposal will be evaluated, please read Articles IV, VII, VIII, and XII as well as the Proposal Rating Tool in Exhibit 5.

Finally, the number of available awards and the duration of the resultant contract can be found in Article III. This RFP includes the standard “Appendix B” that will be incorporated into any resultant contract (see Exhibit 6).

I. BACKGROUND INFORMATION

The mission of the New York State Unified Court System (UCS) is to deliver equal justice under the law and to achieve the just, fair and timely resolution of all matters that come before our courts. In the service of our mission, the UCS is committed to operating with integrity and transparency, and to ensuring that all who enter or serve in our courts are treated with respect, dignity, and professionalism.

We affirm our responsibility to promote a court system free from any and all forms of bias and discrimination and to promote a judiciary and workforce that reflect the rich diversity of New York State. More information about the UCS is available at https://www.nycourts.gov.

The UCS Office of Court Administration’s (OCA) Division of Professional and Court Services (DPCS) is soliciting proposals via this RFP for the purpose of providing enhanced parenting time services to the Saratoga County Family Treatment Court.

UCS operates adult drug treatment courts throughout the state. Family drug treatment courts identify parents who have a dependency petition filed against them in which alcohol and/or substance use contributed to the neglect of their children. A drug court involves an intervention by the court in cooperation with a team of specialists in social services, treatment, and child welfare professionals in the local community. In return for enhanced services and support for family re-unification, respondents are given the option of entering voluntarily into court-supervised treatment.

Coordination of court, treatment and social services to participants requires a specialized combination of expertise with the justice, substance use, mental health, and social services communities.

II. PROJECT INFORMATION

UCS is the recipient of an award (the “Grant Award”) by the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) (the “Grantor”) to implement a Family Treatment Court in Saratoga, New York (the “Project”). Pursuant to the terms of the Grant Award, $215,640 is the maximum available funding for Project Services (as set forth in Article V below) performed during April 15, 2024 – September 30, 2026, provided, however, that such period may be extended upon mutual agreement of Grantor and UCS (the “Project Term”). UCS reserves the right to request a no-cost extension of the Project Term from the Grantor.

UCS anticipates that the selected applicant will be designated a “subrecipient” rather than a “contractor” for purposes of federal requirements of the Grant Award.

III. AWARD

UCS intends to award one contract for a term commencing on or about April 15, 2024, and terminating on or about September 30, 2026 (“Contract Term”).

Notwithstanding the foregoing, the Contract Term of any contract resulting from this RFP may extend to a term not to exceed five (5) years in total, which contract shall terminate upon the earlier of: (i) five (5) years from the contract commencement date; or (ii) the complete expenditure of funding available for Project Services, whichever is earlier, unless otherwise terminated pursuant to the terms of said contract.

Awarded contractor shall be contractually obligated to provide the Project Services for the Project Term, as it may be amended or extended. UCS and awarded contractor shall communicate regularly concerning the remaining amount of grant funds and the approximate timing of complete expenditure.

IV. MINIMUM QUALIFICATIONS

Proposals will be considered only from applicants who meet the following minimum qualifications:

Qualified applicants are agencies that possess at least two (2) years of experience in performing services similar or relevant to those described herein.

Qualified applicants must have the capacity to provide Project Services, including the Required Staffing, to clients within Saratoga County.

Parenting time sessions must be provided within a designated location/venue in Saratoga County.

GRANT CHART

Grant Number Jurisdictions Project Goals

Maximum Available Grant Term Funding

15PJDP-23-

GG-03539-

COAP

Saratoga County

The Saratoga County Family Court will create a Family Treatment Court (FTC) to provide enhanced parenting time sessions to substance-affected parents and families appearing in court under abuse and neglect proceedings. The project goal is to provide an Enhanced Parenting Time Program, which will provide specific, curriculum-guided skills for building healthy family relationships which aids in promoting the family goal of reunification for those involved with FTC.

$215,640

V. PROJECT SERVICES

UCS seeks proposals describing how the applicant will provide the services listed below (“Project Services”). The selected applicant shall be required to:

1. Deliver enhanced parenting time services to parents by communicating with the Saratoga County Department of Social Services (DSS), the agency that coordinates the parenting time, to learn and understand what each parent is working to achieve and support these objectives during parenting times.

2. Promote early engagement with parents who enter the FTC to facilitate parenting sessions.

3. Discuss with each parent their individual priorities, observe their strengths and weaknesses, and discuss with them strategies for improving parent-child interactions, always working consistently with the plan developed by the Saratoga County DSS.

4. Facilitate parent attendance at parenting sessions, including providing transportation assistance.

5. Provide parenting time sessions at least two (2) times per week, if not more, for two (2) hours at a time, depending on the needs of the family, with a designated plan as to where the parenting time sessions will occur.

6. Supervise parenting time between parents and their children who are named in an Article 10 Petition, and said parenting time to occur at a designated location/venue.

7. Provide parenting time after normal business hours, as needed at a location/venue that would be available to FTC participants.

8. Provide the location/venue in Saratoga County wherein the parenting time will occur, if said location/venue is not operated by the applicant.

9. Provide parenting time in a location that offers a setting that is home-like and preferably includes access to features, such as a working kitchen, so that mealtime can be incorporated into parenting time sessions, as well as other child-centered activities.

10. Provide age-appropriate skills, strategies, and education with a focus on substance abuse and how this affects the family.

11. Work with parents before and after each parenting time session to review the session and prepare for upcoming sessions.

12. Work with families to identify available resources in their lives that can assist with parenting time and transportation.

13. Prepare for and attend weekly pre-court FTC meeting as requested by the FTC team.

14. Write progress notes and provide feedback about the parenting time session.

15. Work with families and prepare them for the children returning to the home.

16. Work with families, including the children, during the transition home.

17. Work with the families, including the children, after the transition home for at least three (3) months to make sure the family has the support they need to ensure stability and continued long-term reunification.

18. Provide recovery education to FTC parents for every phase of recovery from pre-recovery engagement through recovery initiation, recovery stabilization, and sustained recovery.

19. Assist FTC parents in developing a recovery plan to identify their personal interests, goals, strengths, and weaknesses regarding recovery.

20. Promote self-advocacy by assisting FTC parents to have their voices fully heard by the FTC team.

21. Support connections to community-based supports and mutual self-help groups. Link individuals to appropriate professional resources. Attend court and other system meetings for support.

22. Attend court, staffing, and permanency planning meeting/hearings. Provide the families with support, information, and assistance solving problems.

23. Conduct evaluations of the families, including the parents, identify needs and strengths, and make appropriate recommendations and referrals, always working consistently with the plan developed by the Saratoga County DSS.

24. Attend trainings offered by Family Court.

25. Maintain project logs, reports and records in appropriate files and database(s).

Required Staffing:

1. Parenting Time Family Case Manager (full-time) with previous experience working with substance use disorder treatment systems, support services, and Family Court is preferred. The person will work closely with the designated FTC Coordinator to provide support, foster communication, and coordinate services and activities with FTC parents, their families, and the community to foster strength, healthy living, and overall well-being. Must be available by cell phone, have flexible hours, and be able to escort FTC parents and family members to off-site referrals, community services and events, and sober support meetings.

Required qualifications:

Master’s Degree in counseling or social work OR Bachelor’s Degree in counseling or social work OR Associate Degree in counseling or social work along with demonstrated “lived experience” as an individual involved with the child welfare system and/or the substance use disorder treatment system.

Minimum of three (3) years’ experience working in the field.

Preferred qualification:

Demonstrated ability to work cooperatively with treatment and criminal justice systems.

VI. INSURANCE REQUIREMENTS

Awarded applicant shall be required to maintain the insurance specified in Exhibit 4 hereto (Insurance Requirements) at its own cost and expense during the Contract Term and any renewal or extension thereof.

VII. AWARD SELECTION CRITERIA AND METHOD OF AWARD

A single award will be made pursuant to this RFP. The selected awardee must: (1) meet the minimum qualifications outlined in Article IV above; (2) be a responsible bidder as determined in accordance with the criteria in Article XII; and (3) receive the highest composite (technical + cost) score in excess of the minimum score as determined by the selection criteria set forth herein.

Responsibility is determined in accordance with the criteria articulated in the “Responsible Bidder” paragraph set forth in Article XII (General Specifications).

Proposals will be reviewed and rated by a team of qualified UCS staff.

In the event of a tie composite score, the applicant with the higher cost score, i.e., lowest total cost, will prevail.

Proposals will be scored as follows:

Technical Criteria (75%) Maximum Points

Capacity 30 Proposed Service Delivery 45 Maximum Technical Points 75

Cost (25%) 25 Maximum Cost Points 25

MAXIMUM TOTAL POINTS 100

Organizational capacity and program and staffing plan criteria are contained in the Proposal Rating Tool attached as Exhibit 5 hereto.

Cost submissions will be scored as follows:

The proposal with the lowest cost will be awarded maximum cost points (25); each higher cost proposal will be awarded points according to the following formula:

������ ���� �������� ÷ ���ℎ�� ���� �������� × 25

For example: Assuming the lowest cost proposal is $100 and the next higher cost proposal is $125, the $100 cost proposal would be awarded 25 points and the $125 cost proposal 20 points based on the following computation:

100 ÷ 125 = (. 8) × 25 = 20

Note: A minimum Technical Criteria point score of 40 (average of all evaluators) is required for an award to be made.

VIII. REQUIRED DOCUMENTS

General Requirements All documentation must be submitted on prescribed forms, without alteration. Where no form is included or specified, submissions must be single-spaced with one-inch page margins (not including attachments or financial forms) using a 12-point font. Pages should be numbered. To facilitate photocopying, do not permanently bind documents.

Applicants must submit every document listed below, as well as the documents listed in the Document Enclosure Checklist annexed as Exhibit 1 hereto. Failure to provide all documents in the manner required may result in disqualification of an applicant’s proposal.

A complete set of the documents required below must be submitted.

a. Narrative Description - Organizational Capacity

Applicants must submit a narrative description of no more than five (5) pages addressing all of the organizational capacity requirements listed below:

1. Briefly describe the proposer’s current principal activities.

2. Describe the organization’s experience and expertise providing the project services listed in the RFP, including utilizing staff such as a Parenting Time Family Case Manager providing services directly related to parenting time between parents and their children involved in the child welfare system.

3. Describe the organization’s experience working with families to identify available transportation resources and to provide transportation assistance to parenting sessions when needed.

4. Describe the organization’s policies and procedures to ensure client confidentiality.

5. Describe the proposer’s capacity to effectively manage government-funded programming, including, but not limited to, the abilities to meet fiscal and programmatic reporting requirements and work in partnership with the court.

6. Describe the proposer’s prior experience collecting, and/or the capacity to collect, Government Performance and Results Act (GPRA) data.

7. Describe the organization’s experience, if any, with government-funded programs, including OJJDP-funded programs.

8. Provide an organizational chart showing all supervisory staff (this chart will not be included in the page limit).

b. Project Resumes

Submit resumes for all staff who will provide Project Services. For those positions currently vacant, submit detailed job descriptions.

c. Project Description

Applicants must submit a narrative description of no more than five (5) pages addressing all of the Project description requirements listed below:

1. Provide information regarding the service delivery method(s) utilized prior to and following the appearance of COVID-19 to the target population.

2. Describe the proposer’s plan to provide a Parenting Time Family Case Manager described in this solicitation by staff who have the knowledge, skills, and background required for this position.

3. Describe the organization’s plan for: (i) delivery of the full services described herein within Saratoga County, including the designated plan as to the location/venue where the parenting time sessions will occur during and after normal business hours; and (ii) providing transportation assistance.

4. Describe how the organization’s experience and existing collaborations with substance use and mental health providers, community-based organizations, or other entities in Saratoga County will enhance the project goals.

5. Describe the organization’s plan to ensure the project goals are met.

6. Describe the proposed process for reporting individual client progress to the court, including how the proposer will provide feedback to the Saratoga County FTC on an effective and ongoing basis. Include information about the timing and content of proposed feedback.

7. Explain how the Parenting Time Family Case Manager will document his or her activities with participants and how this information will be maintained.

8. Describe the organization’s plan to work with the Court to ensure GPRA court-client outcome data is being collected at appropriate points in time as required by OJJDP.

9. Describe the proposed supervisory structure for the project. Explain how the organization will ensure appropriate supervision for the Parenting Time Family Case Manager and the transportation assistance to families when needed.

Line-Item Budget Proposal Applicants must submit a line-item budget proposal indicating the total amount of funding requested for each period (“Budget Period”) described below within the Contract Term. The budget must be submitted on the Required Budget Form available at http://nycourts.gov/admin/bids/currentsolicitations.shtml.

Proposals listing total budgeted costs in excess of the Maximum Available Grant Term Funding set forth in Article II above may be subject to disqualification.

Proposals should include budgeted costs for on-site training, consultation, materials, and other expenses.

Note that there shall be no other charge, cost, reimbursement, or expense of any kind payable by UCS in connection with or arising from the performance of the Project Services. Applicant shall be solely responsible for all costs and expenses incurred in connection with the performance of Project Services that are not expressly included in its budget.

1. The Budget Periods are as follows:

1. April 15, 2024 – September 30, 2024 (5.5 months)

2. October 1, 2024 – September 30, 2025 (12 months)

3. October 1, 2025 – September 30, 2026 (12 months)

2. The maximum budget for the Contract Term (April 15, 2024 – September 30, 2026) is $215,640.

3. Non-Allowable Costs/Expenses

The following items may not be included in applicant’s budget:

Major capital expenditures Interest costs Fundraising costs Advertising costs except for recruitment of Project Services personnel Entertainment costs Costs for dues, or attendance at conferences or meetings of professional organizations except that all budgets must include travel expenses for attendance by at least one (1) person(s) at one (1) mandatory grantee meeting per Contract Period. Historically, this grantee meeting has coincided with attendance at a four-day conference convened by the National Association of Drug Court Professionals, which has met in cities such as Anaheim, CA; Houston, TX; Nashville, TN; and Washington, DC. For more information about scheduled conferences, please visit: https://nadcpconference.org/questions/

d. Budget Narrative

Applicant must submit a narrative of not more than three (3) pages that briefly describes the expenses included in each budget category of its budget proposal, and how they relate to the Project Services. The Personal Services description must include a brief description of responsibilities. The Non-Personal Services (NPS) description must include a brief description of how each expense category relates to the provision of Project Services. For equipment expenses, if any, explain the type of equipment (for example, laptop computer, cell phone) to be purchased. For travel expenses, if any, explain which staff will be traveling and the destination, purpose, and frequency of travel.

e. Additional Documents

In addition to the documents listed above, applicants must submit all documents listed in the Document Enclosure Checklist attached as Exhibit 1 hereto.

IX. SUBMISSION OF PROPOSAL

a. Proposal Delivery

Applicants shall deliver ONE signed, hard copy original and ONE additional copy (two complete sets) of its application, with all required documents, to:

Division of Professional and Court Services 2500 Pond View, Suite 104

Castleton-on-Hudson, New York 12033 ATTN: Jessica St. Hilaire

All proposals must also be labeled with the following information on two sides:

“Deliver immediately to Jessica St. Hilaire” “Sealed Application - Do not open”

“RFP # DCPS 140R SARATOGA COUNTY FAMILY TREATMENT COURT ENHANCED

PARENTING TIME SERVICES – Due March 27, 2024 at 2PM”

Proposals will not be accepted electronically or by fax.

b. Submission Deadline

Applications must arrive at the address above by no later than Wednesday, March 27, 2024, at 2PM Eastern Daylight Time.

X. QUESTIONS

Any and all questions applicants may have in connection with this RFP are to be directed by email only to:

Jessica St. Hilaire JStHila@nycourts.gov

Please indicate in “Subject” field: RFP # DCPS 140R Saratoga County Family Treatment Court Enhanced Parenting Time Services Question(s)

The deadline to submit questions is Friday, March 8, 2024, at 2PM Eastern Standard Time. No questions will be entertained after this deadline. A written Questions & Answers (Q&A) listing all questions received and their answers will be posted on the UCS website at www.nycourts.gov/admin/bids in the Addenda column for the appropriate solicitation and mailed to the applicants list promptly after this deadline.

IMPORTANT: Contact by any prospective applicant, or any representative thereof, with any other personnel of the UCS in connection with this RFP may violate the Procurement Lobbying Act of 2005 (see Attachment IV), will jeopardize the respective applicant's standing and may cause rejection of its proposal.

XI. PRE-BID CONFERENCE

A pre-bid conference will not be held.

XII. GENERAL SPECIFICATIONS

Access to Court Facilities

Awarded contractor must comply with all applicable location rules, policies, guidelines, and procedures in order to be granted access to court facilities. Where applicable to the performance of work under an awarded contract, bidders shall be wholly responsible for familiarity with the physical layout and access to the courts and buildings in question, including but not limited to, roadways, overhangs, parking, security, elevators, required access permits or insurance certificates. Court staff cannot modify security measures, access protocols, or parking restrictions to facilitate awarded contractor’s entrance to or egress from court facilities unless required to do so by law.

Binding Nature of Bid/Proposal on Bidders

All bids/proposals shall remain binding on bidders until such time as UCS/OCA provides written notification of its intent to award the contract to a specific bidder or until the bidder requests withdrawal of its bid/proposal in writing, and such withdrawal is accepted by UCS/OCA in its sole discretion in accordance with applicable law, whichever occurs first.

Charities Registration (not-for-profit corporations only)

Not-for-profit corporation vendors must be registered with the New York State Office of the Attorney General as a charitable organization, and the registration must be up to date at the time of contract approval. Vendors must be sure all their documents are up-to-date and comply with the vendor responsibility requirements as outlined below. To determine the status of your charities registration with the Attorney General, contact: https://www.charitiesnys.com/RegistrySearch/search_charities.jsp

Clarification/Correction of Bids/Proposals

In addition to any rights articulated elsewhere in this solicitation, UCS reserves the right to require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a bidder’s proposal and/or to determine a bidder’s compliance with the requirements of this solicitation. This clarifying information, if requested in writing by UCS, must be submitted by the bidder, in accordance with formats as prescribed by UCS at the time said information is requested and, if received by the due date set forth in UCS’s request for clarification, shall be included as a formal part of the bidder’s proposal. Clarifying information, if any, whether provided orally, visually, or in writing, will be considered in the evaluation process. Failure to provide required information by its associated due date may result in rejection of the bidder’s proposal.

Nothing in the foregoing shall mean or imply that UCS is obligated to seek or allow clarifications or corrections as provided for herein.

Compliance with Laws

Prior to and during the provision of all services under the contract resulting from this RFP, awarded contractor(s) must comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to fire, health, and safety codes.

Confidential/Proprietary Information

If applicable, applicants should specifically identify those portions of the proposal deemed to contain confidential or proprietary information or trade secrets, and, upon request, must provide justification why such material should not be disclosed to parties other than UCS and the Offices of the New York State Attorney General and Comptroller. Applicants are advised that any material deemed confidential by applicant may still be subject to disclosure in connection with any governmental or judicial proceeding or inquiry or as may be required by applicable law, including but not limited to Article 6 of the New York Public Officers Law (Freedom of Information Law). Such confidential/proprietary information must be easily separable from the non-confidential sections of the proposal.

Confidentiality and Data Security

Awarded contractor acknowledges that any and all information, records, files, documents, or reports contained in any media format provided to the awarded contractor by the UCS, or which may be otherwise encountered by awarded contractor, shall be considered extremely confidential and shall be handled accordingly at all times. Neither the awarded contractor nor any of its employees, servants, vendors, agents or volunteers shall at any time be permitted to utilize such confidential information for any purpose outside the scope of any resulting agreement from this RFP without the express prior written authorization of UCS. Any breach of this confidentiality by the awarded contractor or by any of its employees, servants, subcontractors, agents, or volunteers, may result in the immediate termination of any resulting agreement by UCS and may subject the awarded contractor to further penalties.

Awarded contractor shall use, and require its employees and authorized agents to use, at least the degree of care a reasonably prudent person would use to protect and prevent improper access to the records.

Awarded contractor is prohibited from maintaining confidential files and records provided to or generated by awarded contractor in a mobile or portable device. Remote access to the UCS confidential information is prohibited unless industry standard protocols for remote access are in place (e.g., SSL, VPN). In addition, awarded contractor will be required to comply with the data security and confidentiality requirements of other government agencies that supply data to UCS.

Contract Terms

The successful bidder shall be required to comply with the provisions set forth in this RFP, as well as such other provisions contained in an agreement, in form and content satisfactory to UCS in its sole discretion.

Estimated Quantities

Any quantities specified in this solicitation constitute estimates only, and accordingly no commitment or guarantee to reach any specified volume of business is made or implied.

Awarded contractor must accept all requests for services placed by UCS during the term of an awarded contract.

Federal Requirements

If an award made under this bid is funded in whole or in part with federal funds, the bid/award recipient shall, at its cost and expense, promptly and fully comply with, and assist UCS as may be necessary in complying with, any federal requirements applicable to such federal award and funding. It is the responsibility of the applicant to be fully familiar with the federal terms and conditions of the award.

Financial Stability

Upon request by UCS, applicant shall provide its audited financial statements prepared in accordance with Generally Accepted Accounting Principles (GAAP) for the past three (3) consecutive years and a copy of its last three (3) annual reports.

Implied Requirements

Products and services that are not specifically requested in this solicitation, but which are necessary to provide the functional capabilities proposed by the bidder, shall be included in the offer except as specified herein.

Indemnity

Awarded contractor shall indemnify, defend and hold harmless UCS, its officers and employees from and against any and all claims, causes of action, damages, costs, liabilities and expenses of any kind (including reasonable attorney’s fees and the cost of legal defense) which UCS may incur by reason of: (i) awarded contractor’s breach of any term, provision, covenant, representation or warranty contained in the contract awarded as a result of this bid; (ii) any act, omission, negligence or intentional misconduct of awarded contractor or its employees, subcontractors, agents, volunteers or of other persons under its direction and control; (iii) awarded contractor’s performance or failure to perform under the contract; and (iv) enforcement by UCS of the awarded contract or any provisions thereof.

Independent Contractor Status

It is expressly understood and agreed that the awarded contractor’s status shall be that of an independent provider of services and that no officer, employee, servant or subcontractor of the contractor is an employee of the UCS, OCA or State of New York. The awarded contractor shall be solely responsible for the work, assignment, compensation, benefits, and personal conduct and standards of all such persons assigned to the provision of services. Nothing herein shall be construed to impose any liability or duty on the UCS, OCA or State of New York to persons, firms, consultants corporations, or other organizations employed or engaged by the awarded contractor, either directly or indirectly, in any capacity whatsoever, nor shall the UCS, OCA or State of New York be liable for any acts, omissions, liabilities, obligations or taxes of any nature including, but not limited to, unemployment and Workers’ Compensation insurance of the awarded contractor or any of its employees or subcontractors.

Inspection of Bidder’s/Awarded Contractor’s Facilities

The UCS/OCA reserves the right to inspect bidder’s proposed facilities, as part of the bid evaluation.

Subsequent to award, awarded contractor’s facilities shall be made available for periodic inspection. In all instances, advance notification will be communicated by appropriate UCS personnel.

Intellectual Property

If awarded contractor is required to produce specially commissioned materials pursuant to the awarded Agreement (the “Work”), whether in written form, on tape, on computer-readable media, or in another tangible form, contractor acknowledges and agrees that UCS shall have the option to: (i) retain a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the Work; or (ii) be the sole owner of the Work (the Work shall be considered a "work made for hire”), for Work generated under the awarded Agreement at no additional cost to UCS.

Minor Bid Irregularities

Provided the same will not materially benefit or disadvantage any particular bidder or substantially alter the requirements of this bid, UCS may: (i) waive technicalities; (ii) waive minor irregularities, omissions or incompletions in the bid or a bid response; (iii) waive any bid requirements that are unmet by all bidders;

(iv) consider any and/or all alternatives and/or enhancements suggested by the successful bidder; or (v) make an award under the bid in whole or in part and negotiate contract terms and conditions with the successful bidder to meet UCS requirements consistent with such award.

Online RFP Package: Disclaimer

Bidders accessing any UCS/OCA solicitations and related documents from the New York State UCS website www.nycourts.gov/admin/bids under “Current Solicitations” shall remain solely and wholly responsible for reviewing the respective solicitation and bid documents on the internet regularly, up to the scheduled date and time of the bid/proposal due date, to ensure their knowledge of any amendments, addenda, modifications, or other information affecting the solicitation or bid documents in question.

Payment

Payments to the Awarded Contractor shall be made in arrears and on a reimbursement basis unless otherwise specified in the contract resulting from this RFP. The frequency of payments in arrears shall be determined between UCS and the Awarded Contractor. Payment shall be made within thirty (30) days upon receipt and acceptance by UCS of written or electronic invoices or other specified documents submitted by the Awarded Contractor.

At the sole discretion of UCS, and subject to the availability of funds, advance payment of up to twenty-five percent (25%) of a 12-month budget period may be available for awarded contracts with not-for-profit organizations.

Payment for services performed under the awarded contract shall be conditioned upon the acceptance and approval of such services. Payment shall also be conditioned on whether those services are sufficiently complete both in accordance with the RFP specifications and to the extent necessary for UCS to utilize those services for their intended purpose.

Price Adjustments

Pricing shall be subject to increase as of the commencement date of each renewal term by the percentage equal to the lesser of: (i) the increase, if any, in the Consumer Price Index for All Urban Consumers (“CPI”) as determined by the U.S. Bureau of Labor Statistics as of the third month prior to the commencement date of each such renewal term, over the CPI as of the third month prior to the commencement date of the immediately prior term of the Agreement, or (ii) five percent (5%). Pricing shall thereafter remain unchanged for the balance of each such term and shall further remain unchanged during an extension term.

Pricing

All pricing submitted pursuant to the solicitation shall be net and include all costs for the performance of all services required under this solicitation, including transportation costs.

Other than the pricing submitted on the Required Budget Form, there shall be no other charge, cost, reimbursement or expense of any kind payable by UCS in connection with, or arising from, awarded contractor’s performance of the services set forth herein. Awarded contractor shall be solely responsible for all costs and expenses incurred in connection with the performance of such services.

Pricing shall be submitted only on, and in the format prescribed by, the Required Budget Form. Bidder must quote pricing on a cost per employee basis and compute all price extensions prompted by Required Budget Form. In the event of a bidder’s miscalculation, the unit price will prevail. UCS reserves the right to make mathematical corrections based on unit price(s). Pricing in the awarded contract for amounts in increments not equal to pricing units indicated in the Required Budget Form will be prorated accordingly.

Rejected and Unacceptable Bids/Proposals/Awards

UCS reserves the right to reject any and all proposals or bids submitted in response to this solicitation. In addition, UCS may reject any bids/proposals from any bidders who are in arrears to the State of New York upon any debt or performance of any contract; or who have previously defaulted on any contractual obligations (as contracting party, surety or otherwise) or on any obligation to the State of New York; or who have been declared not responsible or disqualified by any agency of the State of New York, or who have any proceeding pending against them relating to the responsibility or qualification of the bidders to receive public contracts, whose proposal is incomplete or otherwise non-responsive in any material respect; or who are found to be non-responsible based on any of the criteria specified in the section headed “Responsible Bidder.”

UCS also reserves the right to reject any bidder: (i) whose facilities and/or resources are, in the opinion of OCA, inadequate or too remote from the UCS locations to render services in a timely manner in accordance with all requirements of this solicitation; (ii) who does not provide references in accordance with the bid specifications, or whose references report significant failure to comply with specifications;

or (iii) who are otherwise, in the opinion of OCA, unable to meet specifications.

UCS further reserves the right to set aside a bid award to a successful bidder if it is unsuccessful in negotiating a satisfactory contract within a time frame acceptable to the UCS, in which event UCS may then invite the next responsible and responsive bidder with the next highest evaluation score to enter into negotiations for purposes of executing a contract.

Responsible Bidder

A bidder shall be defined as “responsible” in accordance with, but not limited to: references, past performance history, financial stability, responses to the Vendor Responsibility Questionnaire (see Attachment III-Vendor Responsibility Questionnaire), the criteria set forth in the paragraph headed “Rejected and Unacceptable Bids/Proposals/Awards,” as well as any other criteria necessary and reasonable to establish the bidder’s responsibility.

Silence of the Specifications

The apparent silence of the specifications contained as part of this package as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

Subcontracting

Subcontracting, and any other transfer of any duties or obligations to be performed hereunder, will be permitted only with the prior written consent of UCS to the proposed subcontractors. In the event that bidder proposes to use one or more subcontractors, the specific subcontractors and the services proposed to be performed by such subcontractors, must be listed in bidder’s proposal. If a bidder that proposes to use one or more subcontractors is awarded the contract, the award will constitute the prior written approval of UCS to the subcontractors named in the bidder’s proposal.

The awarded contractor will be the prime contractor and will be responsible for all services required by this RFP. The UCS will communicate only with awarded contractor, and the awarded contractor shall remain wholly liable for the performance by, and payment to, any such subcontractors, their employees, agents, consultants or representatives. UCS may require subcontractors to provide evidence of insurance, as applicable, prior to UCS approval.

Termination

Early termination of the contract for cause may result in, among other consequences, all remedies available to UCS and New York State, including, but not limited to: the awarded contractor both being declared non-responsible by the UCS/OCA pursuant to the UCS and Office of the State Comptroller’s guidelines on vendor responsibility and/or being removed from the UCS/OCA applicants list for future solicitations.

A. Early Termination for Budget Modification

1. If the UCS Budget (“Budget”) is modified (a “Budget Modification,” defined in subsection 2 below) for any State fiscal year included in the term of the awarded contract, in whole or in part (including any renewal or extension term), such that UCS determines, in its sole discretion, that it is necessary to reduce, eliminate, or otherwise modify the budget allocation covering payment thereunder, UCS shall have the option to terminate the awarded contract upon not less than thirty (30) days’ notice to awarded contractor, without liability for costs, expenses or damages as a result thereof.

2. For purposes of this subsection A, Budget Modification shall mean and include, with respect to the Budget or any appropriation contained therein:

i. any reduction, elimination or restriction upon access thereto as provided by law; or

ii. any restriction placed on UCS’ spending authority, including any restriction imposed by UCS upon itself in response to a request of the Executive or Legislative Branch of government.

3. Termination hereunder shall be further governed by the termination provisions contained in the awarded contract, as applicable.

B. Early Termination for Cause

Early termination of the contract for cause may result in, among other consequences, all remedies available to UCS and New York State, the awarded contractor both being declared non-responsible by the UCS/OCA, pursuant to the UCS and Office of the State Comptroller’s guidelines on vendor responsibility and in the awarded contractor’s removal from the UCS/OCA’s bidders list for future solicitations.

Unified Court System Self-Insurance

UCS, a New York State governmental entity, is self-retained for risk of loss and liability.

Work for Hire

If awarded contractor produces any materials for UCS pursuant to this RFP, such work shall be deemed “work for hire” and shall be governed by the terms of Exhibit 6 (Appendix B: Terms and Conditions Applicable to Materials Produced Under the Agreement).

EXHIBIT 1

DOCUMENT ENCLOSURE CHECKLIST

The documents listed below must be submitted together with applicant’s proposal. Failure to do so as required may disqualify applicant’s response.

Documents requiring signature must be duly signed where indicated. The listed documents may not be modified, retyped or amended in any manner.

A complete set of RFP documents must be submitted. Failure to provide all documents in the manner required may result in disqualification of an applicant’s proposal.

____ Proposal Cover Sheet (Exhibit 2)

____ Vendor Assurance and Conflict-of-Interest Disclosure (Exhibit 3)

____ Narrative Description – Organizational Capacity (Article VIII (a))

____ Project staff resumes (Article VIII (b))

____ Project Description (Article VIII (c))

____ Line-Item Budget Proposal/Budget Narrative (Article VIII (d) and Article VIII (e))

____ Certificates of NYS Worker’s Compensation and NYS Disability Benefits Insurance, or Certificate of Attestation of Exemption. (See Exhibit 4 “Insurance Requirements” for a list of accepted forms).

____ Copies of applicant’s certificate(s) of insurance or other adequate proof evidencing the insurance coverages required by the bid specifications (See Exhibit 4 “Insurance Requirements” for a list of accepted forms).

____ Attachment I - Standard Request for Bid Clauses & Forms

Q p.3 - Non-Collusive Bidding Certificate

Q p.4 - Corporate Acknowledgment

_N/A_ Attachment II – Not Applicable

____ Attachment III – Vendor Responsibility Questionnaire questionnaire filed online via Office of State Comptroller VendRep System and certified within 6 months of the bid opening date, or paper questionnaire

____ Attachment IV – Procurement Lobbying forms

Disclosure of Prior Non-Responsibility Determination (UCS 420)

Affirmation of Understanding and Agreement (UCS 421)

EXHIBIT 2

PROPOSAL COVER SHEET

Saratoga County Family Treatment Court Enhanced Parenting Time Services, Saratoga County, $215,640 total available funding (Grant 15PJDP-23-GG-03539-COAP)

Legal Name of Applicant Executive Director/CEO Years of Experience Total Funding Requested Address Phone Fax Email Website Address (not required) Federal Tax Identification No. (TIN)

Vendor’s Primary Contact for Proposal Matters:

NAME:

STREET:

CITY:

STATE:

ZIP:

TELEPHONE NUMBER:

EMAIL:

Verification:

Authorized representative of Vendor must complete and sign below to verify that each copy of the submitted proposal includes all documents required per the Document Enclosure Checklist (Exhibit 1):

COMPANY NAME:

AUTHORIZED OFFICER’S NAME AND TITLE:

SIGNATURE:

DATE:

Note: Applicants must submit this Proposal Cover Sheet together with all documents listed in the Document Enclosure Checklist attached as Exhibit 1 to this Request for Proposals

EXHIBIT 3

VENDOR ASSURANCE AND CONFLICT-OF-INTEREST DISCLOSURE

TO BE COMPLETED ON OFFEROR’S LETTERHEAD

Date

Jessica St. Hilaire Assistant Court Analyst NYS OCA Office of Grants and Contracts 2500 Pond View, Suite 104 Castleton-on-Hudson, NY 12033

Dear Ms. St. Hilaire:

Re: RFP # DPCS 140R (Saratoga County Family Treatment Court Enhanced Parenting Time Services)

Vendor Assurance and Conflict of Interest Disclosure

[INSERT OFFEROR NAME] hereby submits this firm and binding offer to the New York State Unified Court System, the judicial branch of the State of New York, in response to Request for Proposals (RFP) # DPCS 140R (Saratoga County Family Treatment Court Enhanced Parenting Time Services). The Proposal hereby submitted meets or exceeds all terms, conditions, and requirements set forth in the above-referenced RFP.

[INSERT OFFEROR NAME]’s complete offer is set forth in three, separately bound assembled volumes or electronically via email.

[INSERT OFFEROR NAME] hereby affirms that the solution proposed by the Offeror in the Proposal meets or exceeds the service level requirements set forth in the above-referenced RFP, including referenced attachments.

[INSERT OFFEROR NAME] hereby affirms that it knows of no factors existing at time of bid submission or which are anticipated to arise during the procurement or Contract term, which would 1) constitute a potential conflict of interest for Offeror or any subcontractor named in the Proposal, or 2) position the Offeror or any named subcontractor to violate or breach any other contract currently in force with the State of New York:

1. Furthermore [INSERT OFFEROR NAME] hereby attests that it will not act in any manner that is detrimental to any State project on which the Offeror is rendering services. Specifically, Offeror attests that the fulfillment of obligations by the Offeror, as stated in the Proposal, does not violate any existing contracts or agreements between the Offeror and the State;

2. The fulfillment of obligations by the Offeror, as stated in the Proposal, does not and will not create any conflict of interest, or perception thereof, with any current role or responsibility that the Offeror has with regard to any existing contracts or agreements between the Offeror and the State;

3. The fulfillment of obligations by the Offeror, as stated in the Proposal, does not and will not compromise the Offeror’s ability to carry out its obligations under any existing contracts between the Offeror and the State;

4. The fulfillment of any other contractual obligations that the Offeror has with the State will not affect or influence its ability to perform under any contract with the State resulting from this RFP;

5. During the negotiation and execution of any contract resulting from this RFP, the Offeror will not knowingly take any action or make any decision which creates a potential for conflict of interest or might cause a detrimental impact to the State as a whole including, but not limited to, any action or decision to divert resources from one State project to another;

6. In fulfilling obligations under each of its State…