RFP DOH 18-114 Latino Community Food Access - Final.pdf

RFP #DOH 18-114

Town of Amherst

Request for Proposal [RFP]

The Town of Amherst Town Accountant's Office

Town Hall 4 Boltwood Avenue

Amherst, Massachusetts 01002

Proposals must be submitted (in triplicate) in two separate sealed envelopes, one for the non-price (or technical) proposal and a separate sealed price proposal. Each proposal should be clearly identified with separate price and non-price proposal documentation. Place both envelopes in one outer envelope marked:

PROPOSAL DOCUMENTS FOR LATINO COMMUNITY FOOD ACCESS PROGRAM

Bids shall be submitted no later than 2:00 PM on Tuesday, February 13, 2018 and can be mailed or delivered to:

Town Accountant’s Office Town Hall

4 Boltwood Avenue Amherst, Ma 01002

Questions shall be directed to Anthony P. Delaney, delaneya@amherstma.gov

PART I

Purchase Description

The Town of Amherst, as Awarding Authority, invites SEALED PROPOSALS for the procurement set forth below:

A Latino community food access program assessment.

The budget for this procurement is $54,000.

The "Latino community" is defined as Amherst residents who are native Spanish speakers.

The vendor shall:

• Assess current level of knowledge and utilization of community resources for free and low cost food, via at least one survey and/or focus group;

• Assess current obstacles to access of these resources;

• Offer possible solutions to these obstacles;

• Evaluate data to develop an appropriate referral and outreach campaign to link

Latino residents to food resources;

• Create a campaign, including:

o translation of existing outreach materials into Spanish;

o creation of new, Spanish-language outreach materials;

o materials that are not time-sensitive;

o a media campaign (must include social media and may include outdoor advertising, newspaper, and/or radio);

o other outreach efforts deemed appropriate.

• Make all deliverables available in both English and Spanish.

Deliverables:

1. Written assessment of current knowledge and utilization of community resources and obstacles to access, submitted to Health Director by April 16, 2018.

2. Campaign plan submitted to Health Director by May 15, 2018.

3. Following approval of campaign by Health Director, implementation and completion of campaign and other outreach efforts before December 1, 2018.

4. Final report, including but limited to:

o number of successful referrals made to food resources resulting in participation by Latino individuals or families;

o assessment of any outreach events held;

o submission by January 15, 2019.

Plan of Services

Bidders must submit a plan of services, detailing:

- How bidder plans to execute the scope of services, including:

o Assessment phase outline o Campaign timeline o Outline of campaign content

- Organization chart;

- Staffing plan showing name, title, and role of each individual that will substantially contribute to the project;

- Current résumé for each individual that will substantially contribute to the project.

The plan of services must not be longer than 6 pages.

Submittals All submissions should include:

- Technical proposal:

o Bidder form o Non-collusion form o Certificate of Authority o References o Plan of Services o Examples of previous community outreach work, including any social and traditional media campaign materials

- Separate, sealed price proposal.

Rule for Award

The Town will select the responsive and responsible bidder submitting the most advantageous proposal, taking into consideration the bidder's experience, staff capacity, references and plan for providing the services, as well as the proposal price.

PART II

Proposal Submission Terms and Requirements

1. Proposals must be submitted by and will be recorded at date and time ("the proposal deadline") and at the place, as follows:

DATE: Tuesday, February 6, 2018

TIME: 2:00 p.m.

PLACE: Town Accountant's Office in the Town Hall

2. Wherever applicable, the conditions of Employment and Prevailing State Wage Rate, as set forth by the Massachusetts Department of Labor and Industries, as contained in specifications, shall prevail in the execution of work under this contract.

3. The Town of Amherst reserves the right to reject any and all proposals in whole or in part, and to waive minor informalities, when at its sole discretion is deemed to be in the best interests of the Town and to the extent permitted by law.

4. Proposals that meet all quality requirements shall be evaluated based on responsiveness to the criteria, terms and conditions contained in this RFP and its attachments. Failures to follow the instructions, meet the criteria, or agree to the terms and conditions contained in this RFP may be cause for rejection of the proposal as non-responsive.

5. All proposals shall be submitted to the Town, as and where set forth above, on or before the proposal deadline. Proposals and unsolicited amendments to proposals received by the Town after the proposal deadline will not be considered, and requests for extensions of time will not be granted. Proposers who mail proposals should allow sufficient time for receipt by the Town by the proposal deadline. Proposal received after the proposal deadline will be returned to the proposer unopened.

6. All proposals shall be signed in ink by the proposer. If the proposer is a corporation, the authority of the individual signing shall be endorsed upon, or attached to, the proposal and certified by the clerk of the corporation.

7. All proposals submitted shall be binding upon the proposer for a minimum period of thirty (30) calendar days following the opening of proposals.

8. Proposals submitted to the Town shall be securely kept and shall remain unopened until the proposal deadline and the opening of proposals.

9. Proposals once submitted may, upon request of the proposer prior to the proposal deadline, be withdrawn or amended. If amended, resubmission of the proposal shall comply with all requirements of this RFP.

10. Negligence on the part of the proposer in preparing the proposal confers no right of withdrawal after the proposal deadline. The Town does not assume any responsibility for errors, omissions, or misinterpretations, which may have resulted in whole or in part from the use of incomplete proposal documents. Any proposer finding an ambiguity, inconsistency, or error shall promptly notify the Town.

11. If it becomes necessary to revise any part of this RFP or if additional data are necessary to enable an exact interpretation of provisions, such addenda will be provided to all proposers who have requested this RFP. No addenda will be issued within the immediate three (3) business day period prior to the proposal deadline.

12. Questions and inquiries will be accepted from any and all proposers and must be in writing. Questions will be answered in writing and both questions and answers will be distributed to all proposers who receive the RFP provided, however, that all questions are received at least ten (10) days in advance of the proposal deadline.

13. By submitting a proposal in response to this RFP, the proposer shall be deemed to have certified that no officer, agent, or employee of the Town has a direct or substantial financial interest in the procurement, that the proposal is submitted in good faith and exclusively on proposer's own behalf, without fraud, collusion or connection of any kind with any other proposer for the same work or with any undisclosed party.

14. All terms and provisions contained in the "LEGAL NOTICE" of this procurement (a copy of which is attached hereto) are incorporated by reference into this RFP.

15. The proposal price(s) shall be written both in words and figures, and in the case of a discrepancy between the two the amount in words shall govern.

16. It is understood, agreed upon and made a part hereof, and shall be a part of the contract, that the contract entered into between the Town and the successful proposer shall not be assigned or assignable by way of sub-contract or otherwise, unless or until the Town shall have first assented thereto in writing.

17. The Town of Amherst reserves the right to modify any specifications and submission requirements associated with the proposal and the scope of the project.

18. All proposals must be submitted on the forms provided or on attachments approved in advance by the Town.

19. All information concerning materials, warrantees, guarantees, complete plans, and complete specifications are due at the time of the proposal opening.

20. The Town reserves the right to postpone award of contract for one year if any unanticipated constraints arise in the evaluation of proposals.

21. All bids must include a signed copy of the following: non-collusion form, tax compliance certificate, certificate of authority and bid pricing sheet.

PART III

Minimum Criteria

Two references for similar social services programs, including media outreach, performed within the past five years.

Bidder must have a credentialed, experienced translator among key personnel or outline plans to use a credentialed, experienced translation contractor.

Evaluation Criteria

Non-price proposals that meet all of the submission requirements in Parts I – III of this RFP will be evaluated and rated solely on the basis of the evaluation criteria contained in this section.

The evaluation committee shall determine a composite rating of Highly Advantageous (HA), Advantageous (A), Not Advantageous (NA), or Unacceptable (U) for each non-price proposal. Each composite rating shall be justified in writing. After a composite rating has been determined for each proposal on the basis of the evaluation criteria in this section, the Chief Procurement Officer (CPO) shall review the price proposals and determine the most advantageous proposal, taking into consideration the non-price proposal ratings and the price. If the CPO selects a proposal other than the lowest-priced proposal, he shall explain in writing why the added benefits of the proposal justify the price.

Each proposal will be evaluated by the following:

A. Years of experience in outreach to underserved populations.

a. HA: 10 or more years of relevant experience

b. A: 5-9 years of relevant experience

c. NA: 1-4 years of relevant experience

d. U: Less than one year of relevant experience

B. Demonstrated knowledge of community assessment tools, via surveys or focus groups conducted by bidder on previous projects, or via education in the field of community health, social work, or related field.

a. HA: Two or more examples of effective community assessment work AND two or more key personnel with master's degrees or above in relevant fields.

b. A: One example of effective community assessment work AND one key personnel with master's degrees or above in relevant fields.

c. NA: One example of effective community assessment work OR one key personnel with master's degrees or above in relevant fields.

d. U: No examples of effective community assessment work nor key personnel with master's degree or above in relevant fields.

C. Quality of plan of service

a. HA: campaign is complete (including social media campaign) with clear timeline and demonstrates understanding of the role of culture in food access programs AND campaign includes print, radio, or outdoor advertisements

b. A: campaign is complete (including social media campaign) with clear timeline and demonstrates understanding of the role of culture in food access programs but does not include print, radio, nor outdoor advertisements

c. NA: campaign is complete (including social media campaign) but timeline or understanding of the role of culture in food access programs is vague.

d. U: campaign is incomplete, includes no social media campaign, includes no timeline, or demonstrates lack of understanding of the role of culture in food access programs.

PART IV

Bid Form

Price proposals must be in a sealed envelope, separated from the technical proposal.

Price proposal in figures: $

Price proposal in words:

Vendor Name:

Contact Name:

Vendor Address:

Vendor City:

Vendor State:

Vendor ZIP:

Signed:

Date:

PART V

Sample Contract Terms and Conditions

TOWN OF AMHERST

CONTRACT & GENERAL CONDITIONS

Date: _____________________, 20____.

This contract is entered into on, or as of, this date by and between the Town of Amherst [the "Town"], and

["Contractor"]

[Address of the Contractor]

Telephone Number FAX Number

1. This is a contract for the procurement of the following:

2. The contract price to be paid to the Contractor by the Town of Amherst is:

3. Payment will be made as follows:

4. Definitions:

4.1 Acceptance: All contracts require proper acceptance of the described goods or services by the

Town of Amherst. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance of services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the contract.

4.2 Contract Documents: All documents relative to the contract including (where used) Instructions to

Bidders, Bid Form, General Conditions, Supplementary General Conditions, General

Specifications, Other Specifications included in Project Manual, including Prevailing Wage

Requirements, Drawings, and all Addenda issued during the bidding period. The Contract

Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper performance of the contract.

4.3 The Contractor: The "other party" to any contract with the Town. This term shall (as the sense and particular contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular contract. Use of the term "contractor" shall be understood to refer to any other such label used.

4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with contract documents, as modified by

Amendments and Change Orders.

4.5 Goods: Goods, Supplies, or Materials.

4.6 Subcontractor: Those having a direct contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked.

4.7 Work: The services or materials contracted for, or both.

5. Term of Contract and Time for Performance:

This contract shall be fully performed by the Contractor on or before January 15, 2019, unless extended pursuant to a provision for extension contained in the contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds. The time limits stated in the contract documents are of the essence of the contract.

6. Subject to Appropriation:

Notwithstanding anything in the contract documents to the contrary, any and all payments which the Town is required to make under this contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant.

7. Permits and Approvals:

Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the contract shall be secured and paid for by the Contractor.

8. The Contractor's Breach and the Town's Remedies:

Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of Amherst shall have all the rights and remedies provided in the contract documents, the right to cancel, terminate, or suspend the contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this

Contract including damages and specific performance, and the right select among the remedies available to it by all of the above.

9. Statutory Compliance:

9.1. This contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the contract or contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the contract, the provisions of

General Laws are incorporated by reference into this contract, including but not limited to the following:

General Laws Chapter 30B: - Procurement of Goods and Services.

General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts.

General Laws Chapter 149, Sec. 44A, et seq: - Public Buildings Contracts.

9.2. Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this contract. To whatever extent any provision of this contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control.

9.3. The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the contract. If the Contractor performs the contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom.

9.4. The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work, if any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with and shall cause all its agents, employees and Subcontractors to observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of Amherst, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or Subcontractors or any such law, by-law, regulation or decree.

10. Conflict of Interest:

Both the Town and the Contractor stipulate to the applicability of the State Conflict of Interest Law

(General Laws Chapter 268A), and this contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated its applicability to the performance of this contract; and by executing the contract documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter

268A.

11. Certification of Tax Compliance:

This contract must include a certification of tax compliance by the Contractor, as required by General Laws

Chapter 62C, Sec. 49A, (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or

Real Estate Space to the Commonwealth or Subdivision).

12. Discrimination:

The Contractor will carry out the obligations of this contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151B (Law Against Discrimination,) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended.

13. Assignment:

Assignment of this contract is prohibited, unless assignment is provided for expressly in the contract documents.

14. Condition of Enforceability against the Town:

This contract is only binding upon, and enforceable against, the Town if: (1) the contract is signed by the

Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form.

15. Corporate Contractor:

If the Contractor is a corporation, it shall endorse upon this contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the contract is executed by the Contractor. This contract shall not be enforceable against the Town of Amherst unless and until the Contractor complies with this section.

The Contractor (and Subcontractors as defined in Paragraph 1-C of the General Conditions), if a foreign corporation shall comply with the provisions of the General Laws, Ch. 181, Sections 3 & 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of

Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth.

16. Liability of Public Officials:

To the full extent permitted by law, no official, employee, agent or representative of the Town of Amherst shall be individually or personally liable on any obligation of the Town under this contract.

17. Notices:

Any notice permitted or required under the provisions of this contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the contract, and to the Town of

Amherst by being sent to the Town Manager, Town Hall, Amherst, Massachusetts 01002.

18. Binding on Successors:

This contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor).

19. Complete Contract:

This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein.

20. Contract Type Supplements:

The foregoing provisions apply to all contracts to which the Town of Amherst shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the contract requires. The Supplement contains additional terms governing the contract:

[ ] GOODS

SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods

(governed by the provisions of General Laws Chapter

30B).

[X] SERVICES

SUPPLEMENT "S" - Applicable to Contracts for the procurement of

Services (governed by the provisions of General

Laws Chapter 30B).

[ ] CONSTRUCTION

SUPPLEMENT "C" - Applicable to Contracts for the construction of:

(1) Public Buildings and Public Works (governed by the provisions of General Laws

Chapter 30B);

(2) Public Buildings (governed by the provisions of General Laws Chapter 149, Sec. 44A, et seq.); and

(3) Public Works (governed by the provisions of General Laws Chapter 30, Sec. 39M, et seq.).

SUPPLEMENT "S"

1. This form supplements the Town of Amherst, "Contract and General Conditions," and applies only to contracts for the procurement of services.

2. "Services" shall mean the furnishing of labor, time, or effort by the contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements.

3. Change Orders:

Change orders may not increase the quantity of services by more than Twenty Five (25%) per cent, in compliance with General Laws Chapter 30B, Sec. 13.

4. Minimum Wage / Prevailing Wage:

The Contractor will carry out the obligations of this contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, Sec. 1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws

Chapter 149, Sections 26 to 27D (Prevailing Wage), as shall be in force and as amended.

5. Indemnification:

The Contractor hereby assumes the entire responsibility and liability for any and all injury to or death of any or all persons, including the Contractor's employees, and for any and all damage to property caused by, resulting from or arising out of any act, omission, or neglect on the part of the Contractor or of any

Subcontractor or of anyone directly or indirectly employed by any of them, or of anyone for whose acts any of them may be liable in connection with operations under the Contract.

6. The Contractor further agrees to indemnify and hold harmless the Town, including the agents, employees and representatives of either, from and against all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

6.1. The Contractor shall be responsible for all damage or injury to property of any character during the prosecution of the work resulting from any act, omission, neglect, or misconduct in the manner or method of executing the work or due to the non-execution of the work or at any time due to defective work or materials.

6.2. In any and all claims against the Town or any of their agents or employees by any employee of the

Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workmen's Compensation

Acts, disability benefit acts or other employee benefit acts.

6.3. The obligations of the Contractor under this paragraph shall not extend to the liability of the Town, its agents or employees, arising out of (a) the preparation or approval of Maps, Drawings, Opinions, Reports, Surveys, Change Orders, Designs or Specifications, or (b) the giving of or the failure to give directions or instructions by the Town, its agents or employees provided such giving or failure to give directions or instructions is the primary cause of the injury or damage.

6.4. The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the Work.

Dated:

Town Manager Comptroller

Chief Procurement Officer Certified as to Appropriation

Town Counsel The Contractor

Certified as to Form (Authority or Agent)

PART VI

Standard Forms

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person, business, partnership, corporation, union committee, club or other organization, entity or group of individuals.

Signature of individual submitting bid or proposal

Name of Business

CERTIFICATE OF TAX COMPLIANCE

Pursuant to Massachusetts General Law chapter 62C, sec 49A, I hereby certify under penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Social Security or Federal I.D. number Signature: Individual or Corporate Officer

Date

PLEASE PRINT

Corporate Name: ________________________________________________

Address: _______________________________________________________

City, State, Zip Code: _____________________________________________

CERTIFICATE OF AUTHORITY

At a duly authorized meeting of the Board of Directors of the

_______________________________________ held on _________________________________

(Name of Corporation) (Date)

At which all the Directors were present or waived notice, it was voted that, (Name) (Officer) of this company, be appointed and is hereby authorized to execute contracts and bonds in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract or obligation in this company’s name on its behalf by said officer, under seal of the company, shall be valid and binding upon this company.

A TRUE COPY,

ATTEST: _______________________________

(Clerk)

Place of Business: ________________________

DATE OF THIS CONTRACT: _________________________________________

I hereby certify that I am the Clerk of the _________________________________________ that ______________________ is the duly elected_________________________________ of said company, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract.

(Clerk) (Corporate Seal)

PART VII

Insertion Order

TYPE OF AD: Legal

PUBLICATION(S) & PUBLICATION DATES:

DAILY HAMPSHIRE GAZETTE – 01/23/2018

PLEASE BILL:

Town Accountant

Town Hall

4 Boltwood Ave

Amherst, MA 01002

BODY OF AD: The Town of Amherst is inviting proposals for a Latino Community Food

Access program. Requests for Proposals may be obtained at amherstma.gov/bids, or by contacting Anthony P. Delaney at delaneya@amherstma.gov.

The program will assess the current status of Latino community access to food programs and recommend improvements to accessibility and service, with work to be completed by December

1, 2018.

Proposals shall be submitted no later than 2:00 PM on Tuesday, February 13, 2018, to the Town

Accountant’s Office, 4 Boltwood Ave., Amherst, MA, 01002.

The Town of Amherst reserves the right to reject or accept any or all proposals, in whole or in part. In accordance with the Town of Amherst's M/WBE Program, minority and women-owned business are encouraged to submit proposals.