LEGAL_SERVICES_FOR_INDIGENT_DEFENDANTS_(Addendum_#5_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

222994

LEGAL SERVICES FOR INDIGENT DEFENDANTS

Due Date: Friday, September 11, 2026

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/16446

PUBLISH DATE: March 14, 2022 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 222994

BUSINESS SERVICES DEPARTMENT Page 2 of 40 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: raquel duarte

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4469

Attachments:

E - QVL For Legal Services For Indigent Defendants Price Page

F - OFFER AND ACCEPTANCE PAGE

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A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 222994

TITLE: LEGAL SERVICES FOR INDIGENT DEFENDANTS

SUBMITTAL DUE DATE: Friday, September 11, 2026 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Tuesday, March 22, 2022

TIME: 1:30 pm LOCAL AZ TIME

LOCATION: Microsoft Teams meeting Join on your computer or mobile app

QUESTIONS SHALL BE DIRECTED TO: raquel duarte

(520) 837-4469 raquel.duarte@tucsonaz.gov

Publication Dates: NO VALUE

Posted Date: Monday, March 14, 2022

Competitive sealed offers for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submitted offer will be accepted or considered.

Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.

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B. INTRODUCTION

B.1. Summary

The Attorney shall provide legal assistance and representation to those eligible persons as appointed by the Court. Assignments will normally be limited to misdemeanor trial cases and appeals but may as required by the Court, include such matters as probation violation proceedings, material witness representation or other legal matters involving potential loss of liberty and which legally require the appointment of counsel.

B.2. Contact Information raquel duarte contract officer Email: raquel.duarte@tucsonaz.gov Phone: (520) 837-4469 Department:

Business Services

B.3. Timeline mailto:raquel.duarte@tucsonaz.gov tel:(520)837-4469

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Release Project Date March 14, 2022

Pre-Proposal Meeting (Non- Mandatory)

March 22, 2022, 1:30pm

Agenda Microsoft Teams meeting Join on your computer or mobile app

Proposal Submission Deadline September 11, 2026, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjViMmRhMWItN2JlNy00MDlhLWIwMDAtODQyNWMxMThlZWVh%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22c135b304-9057-4cd8-b5a4-53b7484988bd%22%7d

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C. SCOPE OF WORK

C.1. I. PURPOSE, ADMINISTRATION, STATUS OF ATTORNEY

A. Purpose: The purpose of this Contract is to provide counsel to afford mandated legal defense services to indigents in the City in connection with the legal matters described above.

B. Administration: the Presiding Judge, Presiding Magistrate or designee shall serve as Contract Representative on the part of the City.

C. Relationship of the Parties: The status of Attorney shall be that of an independent contractor.

Attorney shall not be considered to be an employee of the Court or the City of Tucson for any purpose and shall not be entitled to receive any benefits that the Court or the City of Tucson provides its employees and will not be subject to the provisions of the City of Tucson Merit System. Attorney shall be responsible for payment of all bar dues and federal, state and local taxes associated with compensation received pursuant to this Contract. The Court neither agrees to use the Attorney exclusively or to guarantee Attorney a specific number of appointments. The Attorney shall not be restricted by the Contract from engaging in the practice of law beyond the scope of this Contract.

C.2. II. SCOPE OF WORK BY THE ATTORNEY

A. Nature of Work: The Attorney shall provide legal assistance and representation to those eligible persons as appointed by the Court. Assignments will normally be limited to misdemeanor trial cases and appeals but may as required by the Court, include such matters as probation violation proceedings, material witness representation or other legal matters involving potential loss of liberty and which legally require the appointment of counsel.

B. Scope of Work: Representation shall be from the date of appointment and continue through every stage of the legal proceedings at the trial court level, including sentencing and the processing of notice of appeal, subject only to withdrawal or substitution permitted under Rule

6.3 of the Arizona Rules of Criminal Procedure.

The duty of representation continues until the charges are terminated by dismissal with prejudice or until the defendant is acquitted or sentenced except that Attorney will be required to continue to represent the defendant for any restitution or other hearing set at the time of sentencing. Some cases will not so terminate until after the expiration date of the Contract. If requested by the defendant Attorney must file a Notice of Appeal and Designation of Record in all cases in which the defendant has a right to appeal.

The Contract does not extend to representation of the client on appeal or in post-conviction relief proceedings. The Attorney shall continue to represent the client in interlocutory appeals.

Requests from defendant for assistance from the Attorney received after time for representation under the Contract has passed are not within the scope of this Contract and the Attorney is not entitled to additional compensation from the City for such work unless specifically appointed by

BUSINESS SERVICES DEPARTMENT Page 7 of 40 the Court to do so.

C. Case Allocation and Assignment: No maximum or minimum number of case assignments is anticipated. Appointments shall be made at the sole discretion of the Court. Should Attorney determine that the work to be done in a case assignment is exceptional, Attorney may make application to the Court to designate the case as an extraordinary case and set terms for additional compensation as set forth in Section VI.B below. Proposals received by the City will be reviewed and considered within approximately 30 days.

D. Professional Standards: The professional services provided by the Attorney shall be consistent with the Arizona Rules of Professional Conduct, state and local court rules and the written administrative and procedural policies and procedures established by the Court. The Attorney shall devote such time to the cases assigned so as to provide competent, effective and timely legal assistance and representation to persons the Attorney is appointed to represent. The Attorney shall have at least two years of legal experience including experience in the practice of criminal law. Attorney shall comply with all mandatory continuing legal education requirements of the State Bar of Arizona. Pursuant to such compliance, the Attorney shall attend at least fifteen

(15) hours of continuing legal education each year, of which three (3) hours each year shall be in the area of criminal law and/or procedure during the term of this contract. Documentation of attendance shall be furnished to the Court upon request.

E. Compliance with Laws, Rules and Regulations: The Attorney shall, throughout the term of this Contract, comply with all applicable City, County, state and federal laws, ordinances, rules, regulations and statutes.

C.3. III. ASSIGNMENT, WITHDRAWAL, SUBSTITUTE REPRESENTATION

A. Assignment of Cases: Appointments and substitution of counsel will be made by the Court from a list of attorneys selected and approved by the Court. The Attorney shall accept all assignments made by the Court except where a conflict of interest prevents the Attorney from ethically representing a defendant or the Attorney’s caseload is such that it would interfere with the rendering of quality representation or lead to the breach of professional obligation. Immediately upon assignment, the Attorney will make every effort to determine whether a conflict of interest exists, and if so, will promptly notify the Court.

B. Deferring Assignments Temporarily: The Attorney may defer acceptance of assignments for any period of time up to six (6) months without terminating this Contract by notifying the Department of Procurement and the Court. The Department of Procurement and Court Administration shall maintain a current list of attorneys available for appointments under the terms of this Contract and shall provide the same to the Court. This list shall be used to make appointments.

C. Discontinuance of Appointments, Termination of Representation by the Court: The Court may discontinue appointing the Attorney to cases with or without cause and it may terminate the Attorney’s representation for good cause.

D. Withdrawal from Cases: In the event that a conflict of interest or other circumstances which the Attorney believes justify the reassignment of any appointed case, the Attorney shall notify the

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Court prior to withdrawal from the case. The Court will give the Attorney the name of the next available attorney on the rotation list. The attorney will then immediately file the motion to withdraw. In the motion to withdraw, the Attorney must aver that he/she contacted the Court and was informed of the name of the next available attorney on the rotation list. The Attorney shall state the name of the next available attorney. Compensation for cases in which the Attorney withdraws is set forth below. Any Counsel who elects to leave the QVL List must provide 30 days’ notice to the Department of Procurement/Court Contract Representative and complete all existing assignments prior to departing.

E. Substitute Representation: In the case of scheduling conflicts, vacations or other short term unavailability of the Attorney, the Attorney may arrange for duties to be handled by a competent, duly licensed attorney. The Court will not provide any additional compensation for such substitute representation.

C.4. IV. REDETERMINATION OF INDIGENCY, PRIVATE COMPENSATION

A. Continued Eligibility of Defendants: The Attorney shall schedule a hearing before the assigned judge or Presiding Magistrate to review the indigence of a defendant if the Attorney becomes aware of assets, income or change in circumstances of a client such that a question as to the defendant’s continued eligibility to receive counsel at the public’s expense exists. This section shall not require the disclosure of any privileged information that is considered a confidential communication under Court Rules or the Arizona Rule of Professional Conduct. The inquiry and decision as to the client’s eligibility will be the responsibility of the assigned judge, Magistrate or the Presiding Judge.

B. Private Compensation: The Attorney shall not charge or accept any fee or other compensation for services rendered pursuant to this Contract except as provided herein. The Attorney may not represent the client for a fee on an appointed case without prior written approval of the Court.

The Attorney must notify the Court of any change in status.

C.5. V. COMPENSATION AND METHOD OF PAYMENT

A. Compensation: For each case assignment, the Attorney shall receive a flat rate payment plus reimbursement of reasonable, pre-approved, costs associated with a particular case. For non-trial dispositions the standard rate set forth below will be increased by $100 for each additional case with same defendant. A case refers to all charges arising from a single incident.

Accordingly, each additional case refers to a separate incident.

1. Non-trial Disposition: $1,000.00 per appointment of each defendant (regardless of number of dockets)

2. Additional Compensation. All of the following compensation amounts in Section B are billable in addition to the payment of the initial assignment of a case.

a. Trial representation for one (1) defendant: $500 per half day (trial length measured in half day units).

b. Trial representation for one (1) defendant with non-trial disposition (resolved just prior to or day of trial) $250.00

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3. Appeals and Rule 32/33 Proceedings: $1,000.00

a. If the Defendant has more than one (1) docket and the dockets were resolved separately but are now appealing both or more dockets, the first appeal is $1,000 and each subsequent docket being appealed will be $500.

4. Revocation of Probation without other pending City Court charges: $500 (Additional $1,000.00 if a new case is part of appointment).

5. Dismissal Prior to Pre-trial: Appointments made by the Court that are subsequently dismissed prior to or the day of the first pre-trial being held shall not be compensated as a case under the terms of this Contract. Counsel so assigned shall submit a pay claim for payment of services rendered at $75.00 per hour, not to exceed $300.00, together with the services provided and the time spent on each service and costs incurred prior to the disposition of the case.

6. Withdrawal, Substitution of Counsel: Cases in which the Attorney subsequently withdraws shall not be compensated as an assigned case under the terms of this Contract. Upon withdrawal from an assigned case, the Attorney shall submit a pay claim for services rendered at the rate of $75.00 per hour, not to exceed $600.00, together with an itemization for the services provided and the time spent on each service.

7. Exceptions: In cases where a conflict is discovered that could not reasonably have been discovered prior to the Attorney spending a substantial number of hours on the case or in which private counsel is retained by the defendant, the Attorney may submit a pay claim for payment for services rendered at $75.00 per hour not to exceed the base compensation rate ($1,000.00) together with an itemization of the specific services provided and the time spent on each service. After review of the documentation, the Magistrate will determine the amount of the Attorney’s compensation.

8. Miscellaneous Assignments: This Contract includes assignment of misdemeanor trials, but may require representation in such matters as material witness representation, guardian ad litem, extradition, drug court cases and other matters involving potential loss of liberty and that legally require the appointment of counsel. If appointed to such a matter, the Attorney will be compensated at the rate of $75.00 per hour, not to exceed $600.00 unless prior approval is obtained from the Court. Applications requesting such approval shall demonstrate good cause and make a reasonable projection of the time necessary to adequately and competently complete the appointed matter.

9. Extraordinary Case Compensation: If a case is extraordinary because of its complex or protracted nature, the Attorney may file a petition with the Presiding Judge or Presiding Magistrate requesting that the case be designated as extraordinary for purposes of compensation. A copy of the petition must be submitted to the assigned trial judge and the Court. If the Court grants the petition, the terms of the Attorney’s compensation will be specified in the court order.

10. Change in Rates of Compensation: The rates of compensation established above are subject to the provisions of A.R.S. 13-4013. In that regard, if the Court, through its Presiding Judge or designee, determines that it is necessary to change the rates of compensation, the Court shall pay the Attorney at the rates established by the Court.

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Payments in excess of the compensation cap will be paid under the provisions described below.

B. Reimbursable Expenses

1. Disclosure Charged by state

2. Phone calls from the jail (documented by office phone bills) will be reimbursed up to $50.00 in cost per defendant.

3. Transcriptions: With prior approval of the Court, the Attorney may be reimbursed for the cost of transcriptions at a rate not to exceed $3.75 per page.

4. Subpoenas: The Court will reimburse the Attorney for one subpoena per witness, per trial date.

5. Reimbursable expenses are categorized as extraordinary expenses and ordinary expenses as described below;

a. Extraordinary Expenses: In the event that an Attorney wishes to be reimbursed for any extraordinary expenses including, but not limited to. Travel beyond a fifty (50) mile radius of the Court, an unusual number of copies or telephone calls, a rush rate for transcriptions, trial clothing for a defendant, use of law clerks, paralegals or Westlaw, the Attorney must make specific application to the Court prior to incurring the expenses.

All expenses shall be in accordance with guidelines established by the Court and shall not exceed rates set by those policies unless specifically authorized by order of the Court.

b. Expert Witness, Investigators: Prior to retaining such services, application for appointment of expert witness or investigators must be made to and approved by the Court. The fees charged by such expert witnesses and investigators are not to exceed rates approved by the Court. The Court may require that the Attorney review and initial all invoices for services rendered by approved experts and investigators before they are submitted to the Court for payment.

c. Interpreters: Qualified interpreters for non-English speaking defendants for all in-court proceedings and out-of-court interviews shall be provided by the Court through the Office of the Court Interpreter. For out-of-court interviews, the Attorney shall contact the Interpreter’s Office at least forty-eight (48) hours in advance.

d. Ordinary Expenses Not Reimbursable: Ordinary expenses involved in the representation of criminal defendants are not reimbursable but are included in the flat rate Contract price. Ordinary expenses include, but are not limited to office overhead, mileage within a fifty (50) mile radius of the Court, postage, facsimiles, computer and Westlaw/Lexis charges, messenger service and office supplies. If the Attorney believes there is a reasonable basis for the reimbursement of an ordinary expense, the Attorney follow the procedure for Extraordinary Expenses described above.

e. Failure to Obtain Prior Review and Approval by Court: Failure to obtain prior approval for certain expenditures as set forth above shall constitute a waiver of the Attorney’s right to additional compensation for same. However, the Court retains the right to allow additional compensation to prevent manifest injustice.

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f. The Court may review decisions of the Court to deny or limit requests for any additional expenditure by motion filed within ten (10) days of the date of the decision.

g. Upon filing a claim, the Attorney shall include a copy of the Court approval or order authorizing compensation under this section and an itemization of the specific services provided with the time spent on each particular service.

h. Compensation Cap: The total amount of fees and costs under this Contract shall not exceed $50,000 per year. In the event that the Attorney is reaches the $75,000.00 cap prior to the termination, extension or amendment of this Contract and the Attorney continues to provide statutorily mandated representation, the Court must specifically approve any additional fees or claims for additional fees and costs.

C. Payment Procedure: All bills for the Attorney’s services and reimbursement under this Contract must be submitted to the Court on a Pay Claim Form with appropriate documentation in accordance with the Contract and/or the Guidelines for Allowable Fees and Expenses established by the Court. The Court will review and verify all invoices and documentation and may contact the Attorney for additional documentation or explanation. When the invoice is reviewed and approved, the Court will send the approved invoice to Accounts Payable for payment. There will be no reimbursement for unnecessary or excessive fees and costs.

1. Timely Submission of Pay Claims: All pay claims must be submitted to Court no later than 30 days after the termination of the case. Pay claims received by the Court after 30 days may not be reimbursed at the Court’s discretion. The Court will not honor any claim for payment submitted more than six months after the date of the provision of the last service for which payment is sought.

2. Claims not to be Submitted Before Case is Terminated: Pay claims may not be submitted prior to the termination of a case with the exception of the following:

a. After Completion of Trial or Change of Plea but Before Sentencing: The Attorney will continue representation until the case is terminated at no additional cost.

b. Upon Dismissal of Case Without Prejudice, Acceptance into Diversion or Issuance of a Warrant: The Attorney will continue to represent the defendant if and when the case resumes. If the Attorney does not wish to continue representation, the Attorney will file a Motion to Withdraw with the Court and, if granted, will be compensated as described above.

c. Monthly: In the event that a case has been designated an extraordinary case.

D. Audit and Audit Disallowance: In the event that the Court determines that a cost for which payment has been made is a disallowed cost, the Court shall notify the Attorney in writing of the disallowance and the required course of action. The Court shall have the option to adjust any future claim submitted by the Attorney by the amount of the disallowance or to require payment of the disallowed amount to the City of Tucson by the Attorney.

C.6. VI. RECORD KEEPING

The Attorney shall keep accurate and complete files and records including final disposition of records for each case assigned under this Contract. The Attorney shall submit written monthly status reports in

BUSINESS SERVICES DEPARTMENT Page 12 of 40 a form approved by the Court on or before the last day of each month in which the Attorney has open cases before the Court. All records shall be made available to the Court for inspection and duplication upon request. The Attorney shall keep and preserve each record of cases assigned under this Contract for the period prescribed by the Arizona State Bar Association or other applicable statute or rule. This section does not require the disclosure of any privileged information that is considered a confidential communication under Court Rules or the Arizona Rules of Professional Conduct.

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D. INSTRUCTIONS TO OFFERORS

D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION

For purposes of this solicitation and subsequent contract, the following definitions shall apply:

City:The City of Tucson, Arizona

Contract:The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this RFP and any Amendments to the RFP, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Proposal submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant:A Successful Offeror that enters into a Contract with the City.

Contract Representative:The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

Business Services Director:The contracting authority for the City, authorized to sign contracts and amendments thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

Offer:Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

Offeror: Each individual or entity that submits a submittal in response to this solicitation.

Will:The indicated party is promising to take the action or abide by the condition.

Must: The action or condition is required.

Should:Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the proposal without the information.

D.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation

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Amendment. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer or posted as a formal solicitation Amendment will be binding.

D.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at http://www.tucsonprocurement.com/ OpenGov:Procurement website and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting a response to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

D.6. PREPARATION OF SUBMITTAL

A. Form and Organization. Offeror’s Submittal must be on the forms provided in this solicitation (as applicable). Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Proposal Contents. Offeror’s submittal must contain a response to all sections of the solicitation and forms must be completed and any requested supporting documentation attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

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H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

J. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

D.7. PAYMENT DISCOUNTS

Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

D.8. TAXES

The City is exempt from federal excise tax, including the federal transportation tax. The City is not tax exempt from sales tax, etc.

D.9. PROPOSAL/SUBMITTAL FORMAT

A proposal should be submitted on the forms and in the format specified in the RFP. Any information that the offeror requested to held as confidential information shall be clearly marked as such. The material should be in sequence and related to the RFP. The sections of the submittal should be organized, clearly identifiable, and should include a minimum of the following sections: the completed Offer and Acceptance Form, all signed Amendments, a copy of this RFP document, and the Offeror’s response to the Evaluation Criteria including the completed Price Page. Failure to include the requested information may have a negative impact on the evaluation of the offeror's proposal.

D.10. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting a submittal in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its submittal, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

D.11. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

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D.12. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its proposal, offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

If the City, after award notification, receives a public-records request to which a Contractor record marked “CONFIDENTIAL” is responsive, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the records, the City may release the records without any liability to Offeror.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

By submitting a response, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No member of the City of Tucson Mayor and Council or any employee of the City involved in this solicitation process has any financial interest in Offeror’s firm.

The City may disqualify Offeror from further participation in the solicitation process if the City determines that Offeror has an actual or apparent conflict of interest or has engaged in any collusion or anti-competitive practices.

D.14. WHEN AND HOW TO SUBMIT PROPOSALS

In order to be considered, Offeror must, no later than the Submittal Deadline, submit its response electronically through the City’s online bidding system. Submittal instructions and online bidding system can be found at the following link: https://www.tucsonprocurement.com/

NOTE: THE ENTIRE PROPOSAL MUST BE IN "“SUBMITTED"” STATUS IN THE CITY’S ONLINE

BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED

IN THE SYSTEM, BUT THAT ARE NOT IN "“SUBMITTED"” STATUS BY THE PROPOSAL

SUBMITTAL DEADLINE WILL NOT BE CONSIDERED.

https://www.tucsonprocurement.com/

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D.15. OFFER AND ACCEPTANCE PERIOD

In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for ninety (90) days after the proposal due date and time.

D.16. WITHDRAWAL OF SUBMITTAL; BINDING OFFER

By submitting a response to this solicitation, Offeror is offering to enter into the Contract with the City.

Offeror may withdraw a submitted response at any time prior to the Submittal Deadline. Submittals can be withdrawn by clicking "unsubmit proposal" in the online bidding system.

D.17. DISCUSSIONS/CLARIFICATIONS

The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

D.18. TAX OFFSET POLICY

If applicable, in evaluating price proposals, the City shall include the amount of applicable business privilege tax, except that the amount of the City of Tucson business privilege tax shall not be included in the evaluation.

D.19. CONTRACT NEGOTIATIONS

Exclusive or concurrent negotiations may be conducted with responsible offeror(s) for the purpose of altering or otherwise changing the conditions, terms and price of the proposed contract unless prohibited. Offerors shall be accorded fair and equal treatment in conducting negotiations and there shall be no disclosure of any information derived from proposals submitted by competing offerors.

Exclusive or concurrent negotiations shall not constitute a contract award nor shall it confer any property rights to the successful offeror. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into subsequent concurrent or exclusive negotiations with the next most qualified firm(s).

D.20. VENDOR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at http://www.tucsonprocurement.com/ by clicking on Vendor Services. Please note that email notifications of newly published solicitations and amendments will be provided to those vendors that select email as their preferred delivery method in their vendor record.

B. Obtain a City of Tucson Business License or a written determination from the City'’s Business License Section that a license is not required. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City'’s Business License Section at (520) 791-4566 or email at tax-license@tucsonaz.gov.

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D.21. UPON NOTICE OF INTENT TO AWARD

The apparent successful offeror shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract.

D.22. AWARD OF CONTRACT

Notwithstanding any other provision of the Request for Proposal, the City reserves the right to:

A. waive any immaterial defect or informality; or

B. reject any or all proposals, or portions thereof; or

C. reissue the Request for Proposal.

A response to this Request for Proposal is an offer to contract with the City based upon the terms, conditions and Scope of Work contained in the City's Request for Proposal. Proposals do not become contracts unless and until they are executed by the City's Business Services Director and the City Attorney. A contract has its inception in the award, eliminating a formal signing of a separate contract.

All of the terms and conditions of the contract are contained in the Request for Proposal, unless any of the terms and conditions are modified by a Request for Proposal amendment, a Contract Amendment, or by mutually agreed terms and conditions in the Contract documents.

D.23. PROPOSAL RESULTS

The name(s) of the successful offeror(s) will be posted on the Procurement Department’s Internet site at http://www.tucsonprocurement.com/ upon issuance of a Notice of Intent to Award or upon final contract execution.

D.24. PROTESTS

A protest shall be in writing and shall be filed with the Business Services Director. A protest of a Request for Proposal shall be received at the Department of Procurement not less than five (5) working days before the Request for Proposal due date. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of notification of award or issuance of a notice of intent to award, as applicable. A protest shall include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. Identification of the Request for Proposal or Contract number;

D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and

E. The form of relief requested.

http://www.tucsonprocurement.com/

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E. PROPOSAL EVALUATION REQUIREMENTS

Submittals received in response to this Request for Proposals will be reviewed and scored by the Evaluation Committee. Submittals receiving a score of 80 or better from the majority of the Evaluation Committee members will be recommended for contract award.

Offerors may submit on one or multiple Groups. Responses should clearly indicate which Group(s).

Offerors are to submit a response for criteria for each group. Evaluations and recommendation(s) for award will be made for each group.

The Evaluation Committee will meet for the first submittal review session within thirty days of the Due Date for this RFP. Subsequent review sessions will take place on a monthly basis for the five months following the first review session. After the first six review sessions, subsequent review sessions will take place on a quarterly basis.

Submittals received by the Department of Procurement at least three (3) business days prior to a scheduled review session will be reviewed at that session. Submittals received less than three (3) business days prior to a scheduled review session will be reviewed at the next scheduled review session.

E.1. PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance)

A. Qualifications & Experience

E.2. SHORTLIST

The City reserves the right to shortlist the offerors on any of the stated criteria. However, the City may determine that shortlisting is not necessary.

E.3. INTERVIEWS

The City may interview some or all of the offerors at any point during the evaluation process. If interviews are conducted, information provided during the interview process will be taken into consideration in the evaluation process.

E.4. ADDITIONAL INVESTIGATIONS

The City may undertake any additional investigations it deems appropriate to evaluate the competence and financial stability of any offeror.

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E.5. OTHER INFORMATION

Information that evaluation committee members have about an offeror beyond what is provided in the offeror’s proposal may be taken into consideration during the evaluation process.

E.6. PRICE PROPOSAL

A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating price proposals.

B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating an offeror’s price proposal. However, the City may take advantage of any early- or timely-payment discounts offered by a vendor. Any proposed payment discount will apply to all purchases and to all payment methods

E.7. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT SUBMITTALS

Notwithstanding any other provision of this solicitation, the City may:

A. Waive any immaterial defect or informality; or

B. Reject any or all submittals, or portions thereof; or

C. Reissue the solicitation.

E.8. CONTRACT NEGOTIATIONS

At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the offerors participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified firm(s).

E.9. AWARD OF CONTRACT

A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.

The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a Notice of Intent to Award from the City, must sign and file with the City, within five (5) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

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E.10. MULTIPLE AWARDS

The City, at its sole discretion, may award multiple Contracts.

E.11. SUBMITTAL RESULTS

After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on the Business Services Department’s Internet site at http://www.tucsonprocurement.com/.

E.12. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

D. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and

E. The form of relief requested.

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F. VENDOR RESPONSE

Attorneys can request and focus their caseloads on specific groups listed below, but will be needed to take any group of case based on the cases received by the Court and the need, with the exception of Group 3 - Appeals, Rule 32, and Rule 33's, which may be a specialty not practiced by all attorneys and firms.

F.1. Group 1- English- All cases excluding Mental Health Court

A. Qualifications and Experience

B. Documentation of membership, Arizona State Bar including entire disciplinary history

C. Documentation of two (2) years' practice including misdemeanor representation

D. Proof of Insurance

E. Resume

F.2. Group 2- Spanish- All cases excluding Mental Health Court

A. Qualifications and Experience

B. Documentation of membership, Arizona State Bar including entire disciplinary history

C. Documentation of two (2) years' practice including misdemeanor representation and documentation of Spanish language Fluency

D. Proof of Insurance

E. Resume

F.3. Group 3- Appeals, Rule 32, and Rule 33's

A. Qualifications and Experience

B. Documentation of membership, Arizona State Bar including entire disciplinary history

C. Documentation of two (2) years' practice including misdemeanor representation and documentation of practice including any criminal appeals experience

D. Proof of Insurance

E. Resume

F.4. Group 4- Mental Health Court

A. Qualifications and Experience

B. Documentation of membership, Arizona State Bar including entire disciplinary history

C. Documentation of two (2) years' practice including misdemeanor representation and documentation of practice including any Mental Health representation or experience.

D. Proof of Insurance

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E. Resume

F.5. Group 5- Domestic Violence Court

A. Qualifications and Experience

B. Documentation of membership, Arizona State Bar including entire disciplinary history

C. Documentation of two (2) years' practice including misdemeanor representation

D. Proof of Insurance

E. Resume

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G. SPECIAL TERMS AND CONDITIONS

G.1. COOPERATIVE PURCHASING

Contractor will, when requested, provide goods and services at the same prices and under the same terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of request, has a Cooperative Purchasing Agreement with the City or participates in the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.tucsonprocurement.com/coop_partners.aspx and click on “Cooperatives” for a list of agencies that have Cooperative Purchasing Agreements with the City; see http://www.mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE.

These lists are subject to change. Contractor may, however, negotiate with an agency for payment of additional out-of-pocket expenses that will be incurred by Contractor in providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).

Each participating agency that orders goods or services under this Contract as provided above is solely responsible for paying Contractor for those goods and services. The City is not responsible for any disputes arising out of transactions made by others.

G.2. LIVING WAGE REQUIREMENTS

The Contractor shall comply with all applicable provisions of the City’s Living Wage Ordinance (Article XIV of the Tucson Procurement Code). Contractor further agrees, upon request, to affirm in writing that Contractor is in compliance. The City’s Living Wage ordinance can be found at the following link:

https:/ucsonprocurement.com/bidders_livingwage.aspx

G.3. PRICE ADJUSTMENT

The City will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year. Any price adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The City will determine whether the requested price adjustment or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the Contract extension.

G.4. TERM

The term of the Contract shall commence upon award and shall remain in effect for a period of five (5) year, unless terminated, or canceled.

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H. INSURANCE REQUIREMENTS

H.1. Required Insurance Policies

Contractor will obtain and maintain during the entire term of this Contract the following insurance coverage from insurers that have an “A.M. Best” rating of not less than A-VII:

H.2. Commercial General Liability

Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability with coverage limits no lower than:

Each Occurrence: $1,000,000

General Aggregate: $2,000,000

Personal and Advertising Injury: $1,000,000

Blanket Contractual…