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PBJC Data Management Personnel Board of Jefferson County Contract Approval Forms

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Contract

ID: CO-04-ZSTNV3
Birmingham

Requesting Jurisdiction: Department: Requestor: Contractor: Contract

04600/MUNICIPAL COURT; Charlie D. Waldrep Judicial Correction Services, Inc.

Term:

1 Years From: Contract Execution

0 or From 6/1

f2010 to 5/31/2011

Extension Option: Yes Nature of Request: Contract Contract Renewal

Extension Term: 3 Years

Amount: $0.00

Cost Stipulations:

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

n/~-.l'llenied

Conditional:

Date: ql8/20JQ
This contract is approved pursuant to Rule 11.4 of the Board's Bulf?~.'!lfJ9J<,{Jgl.J./gji90$. and 2 of the Enabiing Act of the Stale of Alabama. No iunher representation is being made /)y the Personnel Board of Jefferson County as to the status of the above narned vendor as an fndependeni' Contractor:
Fotm Date OB V2/2ft{)(j ..

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

6/1/2010

WALDREP

STEWART

,~': KENDRICKLLC
1"~.

L-~{ ~._.. .

May 14,2010

2010 /.y. y ?'7 /"


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Mr. Lorren Oliver Director, Jefferson County Personnel Board 2121 8th Avenue North Suite 100 Birmingham, AL 35203~2387

RE:

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

Dear Lorren: Enclosed please find a copy of the proposed 2010 - 2011 Contract Agreement between the City of Birmingham (the "City") and Judicial Correction Services, Inc. ("JCS"). This Agreement is being submitted for the Board's approval. Please feel free to contact me if you have questions or require additional information. Yours very truly,

WALDREP STEWART & KENDRICK, LLC

~7Af1/~
Charlie D. Waldrep CDW/aml Enclosure cc: Hon. William A. Bell, Sr. (w/enclosure)
HOD.

Roderick Royal (w/enclosure)

Thomas Bentley, lIT, Interim City Attorney (w/enclosure) Mr. Robert McMichael (w/o enclosure) Kinte Holloway (w/o enclosure) Kevin Eagan (w/o enclosure) Dennis Sanders (w/o enclosure)

2323 2ND AVENUENORTH

BIRMINGHA~,AL 35203 W5KLLC.COM

(205) 254-3216

FAX (205) 324-3802

TOLL FREE 8<)0-476-5128

BIRMINGHAM MONTGOMERY I3E5~;EME:R

PROPOSED AGENDA PERSONNEL BOARD OF JEFFERSON COU NTY MEETING AGENDA June 8.2010

I. OPENING REMARKS BY BUDDY SMITH II. OPERATIONAL UPDATES


Personnel Dtrector's comments HR Information and Technology Services & City of Birmingham 1-1 Project Update - Roger McCullough Business Office - Cynthia Holiness Workforce Development & Applicant Services - Guy Dewees Performance Measurement - Jeff Crenshaw

III. ACTION ITEMS a) Board minutes for meeting held on May 11, 2010. b) Recommendation that the Board approve the 2010-2011 Proposed Budget. c) Resolution to freeze Board merit increases from September 25, 2010 through September 23, 2011. d) Resolution granting all employees of the Personnel Board a one and one-half percent (1.5%) cost of living adjustment effective September 25, 2010 through September 23, 2011. e) Recommendation that the Board approve the 20'10-2011 Holiday Schedule. The holiday schedule includes one additional variable day for Board staff (cost neutral to the Personnel Board).
f)

Legal Services for Fiscal Year 2010-2011 I. Lloyd, Gray, Whitehead & Monroe, P.C. II. Balch & Bingham LLP Recommendation that the Board approve a contract renewal between The City of Birmingham (Municipal Court) and Judicial Correction Services, Inc. to provide probation services for offenders convicted in the City of Birmingham Municipal Court. The services include supervision of offenders, monthly meetings with offenders, coordinating the community service work programs, court attendance, collection of fines and court costs and providing reports of activity to the Clty of Birmingham. The services are provided at no cost and are intended to improve probation success, reduce arrests for failure to comply with probation rules, improve collections, increase opportunities for rehabilitation and reduce the backlog of cases. The contract was originally reviewed and approved by the Three-Member Board at the May 12, 2009 meeting when the Show Cause Hearing occurred. A renewal between JCS and the City of Birmingham was approved at the August 11, 2009 Board Meeting. It is recommended this contract be approved by the Board since there are no differences from the contract that was approved in August of 2009.

g)

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

CITY OF BIRMINGHAM, ALABAMA, a municipal corporation of the State of Alabama (hereinafter sometimes referred to as the "City"); AND JUDICIAL CORRECTION SERVICES~ INC., a Delaware corporation, licensed to do and doing business in the State of Alabama (hereinafter called "Jes".) WITNES SETH:

WHEREAS, the City finds that it is desirable to provide for increased supervision of and contact between offenders convicted in the Municipal Court and probation officers, in order to improve probation success, reduce arrests for failure to comply with probation orders, promote fairness, improve tlie collection rate for fines and probation fees, increase opportunities for offender rehabilitation, provide sentencing alternatives, and improve the fair and efficient administration of justice; and WHEREAS, retaining a firm to assist with probation supervision of convicted non-indigent misdemeanor offenders and the collection of probationer fines ("Services") for one year will enhance the City's ability to carry out its goals set forth hereinabove by reducing the backlog of cases being handled by the City's probation officers; and WHEREAS, JCS has the experience, skills, and knowledge necessary to provide said Services; NOW THEREFORE, in consideration of the mutual promises and obligations herein contained, the parties hereto agree as follows:
1.

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

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

II.

The City agrees to: A. Cooperate with JCS to provide access to the City-owned sites for the provision of probation supervision and related services pursuant to the Contract Documents.

B.

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

and

C. Provide JCS with reasonable notice of all court sessions that JCS is to service. Notice for purposes of this provision may be given by United States Mail, electronic mail (e-mail), facsimile, or telephone, to such persons(s) as JCS shall designate. The judges of the City's Municipal Court ("Court") at their discretion shall refer convicted non-indigent offenders sentenced to probation to JCS for provision of the services specified in each judge's order. rcs shall provide the Services at no cost to the City. The costs of JCS's Services, as set forth in Appendix "B" attached hereto, shall be paid by the convicted non-indigent offenders pursuant to Court orders making payment of the following probations fee(s) a term and condition of probation: 1. A flat monthly supervision; probation fee of $40.00 for basic or intensive

D.

2.

$40 supervision fee will be waived if the defendant meets all conditions of probation within 14 days of adjudication unless specified by the judge. A one-time $10 set-up fee for each probationer; Community service insurance with $10,000.00 of medical/death benefits with a premium of $15.00 for each 40 hours of community service when such community service is ordered by the Court; and,

3. 4.

5.

A mutually

agreeable fee negotiated by the parties other services ordered by the Court for a probationer.

hereto

for any

III.

Term of the Agreement: The term of this Agreement commences on June 1, 2010, and terminates on May 31, 2013. This Asreement may be renewed by mutual agreement of the parties for three

(3) additional three year periods under the same terms and conditions

as are

contained herein. Either JCS or the City may terminate this Agreement with or without cause upon thirty (30) days written notice to the other party hereto.

IV.

Confidentiality:

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

Insurance: A. JCS shall provide and maintain such insurance policy as will protect JCS from claims of its employees under the Alabama Worker's Compensation Acts, and any other claims for damages or personal injuries (including death) which may arise from operations under this Agreement, irrespective of whether such operation be by JeS directly or by any Subcontractor, or by anyone directly or indirectly employed by either of them. The policy shall be endorsed to include a waiver of subrogation in favor of the City. Insurance will cover theft of City funds as well as any monetary loss that might result from any negligence or unprofessional conduct of a JCS employee. B. JCS shall maintain policies of comprehensive general liability insurance, including bodily injury, property damage, personal injury, premises operations, products and complete operations, and hazard coverage Commercial automobile liability insurance The Comprehensive general liability and comprehensive automobile liability insurance policies shall provide a minimum of $500,000.00, public liability coverage, per occurrence and a minimum of $100,000.00 coverage for property damage; or combined single limits of $600,000.00 peT occurrence. All of JCS's policies of insurance, as required in the preceding items above, shall name the City as an additional insured with respect to the sale or joint negligence, acts or omissions of JCS. All deductibles under said policies shall be the sole responsibility of JCS. JCS hereby waives all rights of recourse against the City, its Municipal Court employees, and Municipal Court Judges including any rights to which another may be subrogated, with respect to any claim of personal injury (including death), or any property damage, to the extent covered by any of JeSts insurance policies with respect to the sole or joint negligence, acts or omissions of Jes. All of JeS's policies of insurance are to provide the City

C.

D.

E.

with thirty (30) days prior written notice of cancellation or any material adverse change. F. lCS shall place all liability insurance in companies authorized to do business in the State of Alabama with a current A.M. Best Rating of "A-", Class VI or better or be written by Lloyds of London and shall comply with the following: 1. Within thirty (30) days of the approval of this agreement, JCS shall furnish or have its insurer furnish to the Mayor of the City, or his designee, Certificates of Insurance under all policies. Such certificates are to be properly executed by an authorized representative ofthe insurer(s). Each Certificate of Insurance shall provide that prior written notice of cancellation of not less than thirty (30) days shall be addressed to the Mayor of the City, or his designee. JCS or its insurer shan use the certificate form approved by the City. Upon request, lCS or its insurer shall immediately furnish copies of the required insurance policies to the Mayor of the City, or his designee.

2.

3. 4,

VI.

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

B. The obligations herein assumed by JCS and the City shall be governed by the laws of the State of Alabama and the parties hereto agree to submit to the jurisdiction of the Circuit Court for the County of Jefferson, State of Alabama. c. JeS shall send all financial reports and invoices in both electronic and paper fonn to City Finance Director Henry Young, its designee, at 710 North 20th Street Birmingham, AL 35203; to the Municipal Court Administrator at 801 1ih Street North, Birmingham, AL 35203; and to any such other address as the City may designate in writing to Jes.
D. The City shall submit all requests or notices to JCS through City Finance Director Henry Young, its designee, at 710 North 20th Street Rirmingham, AL 35203 or at such other address as rcs may designate in writing to the City.

E. Neither this Agreement, nor any interest herein, nor any claim arising hereunder may be transferred or assigned by JCS to any other party or parties, without the written approval ofthe City. F. JCS shall release, save, hold harmless and indemnify the City, its elected officials, officers, employees and agents (collectively, the "Indemnified Parties") from and against any and all claims arising from or in connection with the Services; from or in connection with any activity of JCS or any of its agents, contractors, subcontractors or employees; and from or in connection with any damages or injuries sustained by any employee, agent, contractor, or subcontractor of JCS (hereinafter collectively referred to as "Claims") and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of Claims against the Indemnified Parties. JCS, upon sufficient and reasonable notice from the City, shall defend the City at JCS's expense against Claims with counsel satisfactory to the City. The foregoing indemnity obligation shall survive the expiration or earlier termination of this Agreement. JCS shall also indemnify the City against all liability and loss in connection with and shall assume full responsibility for the payment of all Federal, State and local taxes or contributions imposed or required thereunder, including, but not limited to, unemployment insurance, social security and income tax laws, with respect to JCS employees engaged in the performance of this Agreement. G. JeS hereby expressly agrees and acknowledges that it is an Independent Contractor as defined by the laws of the State of Alabama. As such, it is specifically agreed and understood that the City shall not be liable to JCS,its agents, employees, subcontractors, servants and/or any other person performing services under this Agreement for any benefits, contributions or coverage under the Worker's Compensation Laws of the State of Alabama. Neither the JCS, nor its agents or employees shall be considered employees of the City for the purpose of unemployment compensation coverage, the same being hereby expressly waived and excluded by the parties hereto. The City is interested only in the result obtained under this Agreement and the manner and means of conducting the work are under the sale control of JCS in accordance with the terms hereof. None ofthe benefits provided by the City to its employees are available :fromthe City to the employees, agents or servants of JCS. JCS will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants and subcontractors during the performance of tins Agreement. Both the City and JCS acknowledge and agree that this Agreement is not intended to give or confer any benefits, rights, privileges, claims, actions or remedies to any person or entity as a third party beneficiary or otherwise. H. JeS will not infringe on any duties handled by Court Referral Officers, to include but not limited to, drug andlor alcohol treatment, rehabilitation or supervision for defendant charged and convicted of any drug and/or alcohol related offenses .. I. JCS endeavors to supervise both indigent and/or non-indigent misdemeanor cases as prescribed by the Court and to assist probation officers employed by the City by:

a)
b)

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

c) d) e)
f)

Making programs utilized by JeS available to all probation officers; Offering house arrest capabilities; Expanding the range of services offered by the Court Offering reporting options at JCS's current or future offices within Georgia, Florida, Mississippi or Alabama.

J. JCS acknowledges that the City encourages minority and women owned business

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

K. JeS will provide a local resource center to help offenders search for employment and
create resumes, etc.
L. JCS will provide a free JOB Readiness Class for each defendant assigned to JCS's case supervision program.

M. JCS will utilize local community colleges to help develop the necessary skills for offenders to improve job awareness, build business relationships with local business owners, to explore job placement of offenders who meet certain guidelines to be determined by JCS and the local businesses. N. This Agreement constitutes the entire agreement and JCS with respect to the matters set forth agreements heretofore existing are superseded alteration to this Agreement shall be binding upon
and is signed by both the City and JCS.

and understanding between the City herein, and all understandings and by this Agreement. No change or the City or JCS unless it is in writing

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

IN WITNESS WHEREOF, as of the date first above written.

each party hereto has caused this Agreement to be duly executed

ATTEST:

CITY OF BIRM[NGHAM,

ALABAMA

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

JUDICIAL CORRECTION

SERVICES, INC.

By: Its:

_ _

Approved as to Form;

Assistant City Attomey / Date