RFP # 13-9478-9YD
September 27, 2013
REQUEST FOR PROPOSAL
Consultant/Facilitator
CAPITAL REGION CONSORTIUM OF ELECTED OFFICIALS
LOCAL CONTRIBUTION FORMULA OPTIONS AND FUNDS USE
City of Richmond and the Counties of Charles City, Chesterfield,
Goochland, Hanover, Henrico, New Kent and Powhatan
by
COUNTY OF HENRICO, VIRGINIA
Your firm is invited to submit a proposal to provideconsultant/facilitator services to the Capital Region Consortium of Elected Officials in accordance with the enclosed specifications. The submittal, consisting of the original proposal and six(6) additional copies marked. “Consultant/Facilitator Services”will be received no later than 2:00p.m., October 25, 2013, by:
IN PERSON OR SPECIAL COURIERU.S. POSTAL SERVICE
County of HenricoCounty of Henrico
Department of FinanceDepartment of Finance
Purchasing Division ORPurchasing Division
1590 E. Parham RoadPO Box 90775
Henrico, Virginia 23228Henrico, Virginia 23273-0775
This RFP and any addenda are available on the County of Henrico Purchasing website at To download the RFP), click the link and save the document to your hard drive. To receive an email copy of this document, please send a request to:
Time is of the essence and any proposal received after 2:00 p.m., October 25, 2013,whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock stamp in the Purchasing Office, Department of General Services. Proposals shall be placed in a sealed, opaque envelope, marked in the lower left-hand corner with the RFP number, title, and date and hour proposals are scheduled to be received. Offerors are responsible for insuring that their proposal is stamped by Purchasing Office personnel by the deadline indicated.
Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals. The County of Henrico reserves the right to accept or reject any or all proposals submitted.
The awarding authority for this contract is the Director of the Capital Region Workforce Partnership.
Technical questions concerning this Request for Proposal should be submitted to Yvonne Daniel, by no later than October 15, 2013. A written response to the questions will be posted on eVA and the County website by no later than October 18, 2013.
Very truly yours,
Cecelia H. Stowe, CPPO, C.P.M.
Purchasing Director
Yvonne M. Daniel, CPPB, VCO
Procurement Supervisor
1590 E. PARHAM ROAD/P O BOX 90775/HENRICO VA 23273-0775
(804) 501-5660 FAX (804) 501-5693
REQUEST FOR PROPOSAL
Consultant/Facilitator
CAPITAL REGION CONSORTIUM OF ELECTED OFFICIALS
LOCAL CONTRIBUTION FORMULA OPTIONS AND FUNDS USE
City of Richmond and the Counties of Charles City, Chesterfield,
Goochland, Hanover, Henrico, New Kent and Powhatan
By
COUNTY OF HENRICO, VIRGINIA
I.INTRODUCTION:
The intent and purpose of this Request for Proposal (RFP), and the resulting contract, is to obtain the services of a qualified firm toprovide and assist the Consortium of Elected Officials(Consortium)develop a minimum of three formula options that they may consider in determining how best to establish each jurisdiction’s general fund revenue contributionto the Capital Region Workforce Partnership’s Workforce Development System. In addition to the formula options, the firm is also to assist the Consortium of Local Governments in determiningthe best use for any contributionsto be made.
II.BACKGROUND
The Consortium serves as the “Chief Elected Official” for the Capital Region Workforce Investment Area as designated under the requirements of the Workforce Investment Act, (Public Law 105-220, 1998). The Capital Region Workforce Investment Area includes the City of Richmond and the Counties of Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent and Powhatan as a single workforce development region under the requirements of the Workforce Investment Act.
The Consortium is responsible for the purposes stated inSection 117(c)(1)(B) of Public Law 105-220, the Workforce Investment Act, and has developed an agreement among the member jurisdictions known as the Chief Local Elected Officials (CLEOs) Agreement in which the following powers are delineated:
- Collectively perform the functions of the CLEOs of the member jurisdictions as permitted in 29 U.S.C.§2832(c)(1)(B). For purposes of the Workforce Investment Act, the member jurisdictions shall act through the Consortium.
- Apply for Workforce Area designation by the Governor of Virginia.
- Appoint the members of the Resource Workforce Investment Board (RWIB) as provided for in Article III of the CLEOs’ Agreement.
- Designate an entity to serve as a local grant sub-recipient and/or as a local fiscal agent.
- Execute an Agreement with the RWIB for the operation and functions of the RWIB set out in 29 U.S.C. §2832.
- Continually establish the vision and priorities of the Consortium, in conjunction with the RWIB.
- Develop the region’s strategic plan as the local plan under the Workforce Investment Act for member jurisdictions in partnership with the RWIB. The plan shall be submitted in a manner prescribed by the Virginia Workforce Council.
- Review and approve the budget developed by the RWIB.
- Work with the RWIB and Governor of Virginia to reach agreement on local performance measures.
- Review and agree with the RWIB’s selection and designation of one-stop operator(s), its evaluation of the performance of one-stop operator(s), and its termination of their eligibility for cause as provided in 29 U.S.C. § 2841(d)(2).
- Exercise such other powers and establish such policies under the Workforce Investment Act as may be necessary and proper in order to carry out the foregoing powers and any that may be assigned to the Consortium under the Workforce Investment Act or the Virginia Workforce Council.
Henrico County serves as the fiscal agent for the Capital Region (the Consortium and the RWIB) and is releasing this request for proposal (RFP)on behalf of the Consortium.
Each program year staff has been directed to solicit contributions from each of the members jurisdictions of the Consortium through the traditional budget process. The amount of the request for funds has been based on the amount each of the jurisdictions has been able to contribute annually over the last 20 years for the counties and the amount the City of Richmond was able to contribute starting in 2011. There has never been a formula or a way of determining the amount of the request for funds beyond examining what was contributed the year before. A concern has been expressed regarding the equity of the funds contributed and the basis for the request as well as the need and use of the funds awarded.
The Consortium would like to explore formula based contributions and the use of the funds to ensure that the contributions are necessary and support their priorities for its use and to establish the final formula and uses for the upcoming budget cycles which begin in November, 2013.
This RFP is being issued by the County of Henrico Purchasing Division at the request of, and on behalf of, Chief Local Elected Officials (CLEOs). While County Purchasing issued the RFP, it did not develop the RFP, will not evaluate submitted proposals, will not award any resulting contract, and will not be a signatory to any contract entered into by CLEOs pursuant to this RFP. The RFP was drafted by CLEOs staff, with the County’s Purchasing Division providing only technical assistance. In sum, CLEOs, not the County, is the awarding authority and will negotiate and contract with any selected Offeror .
CLEOs requested the assistance of County Purchasing because it lacks the experience, staff and infrastructure to prepare and issue a formal RFP. The County’s Purchasing Division was chosen by CLEOs to provide this help because of the County’s statutory relationship with Resource (Local Workforce Area 9). As specifically permitted by WIA, the County of Henrico serves as the Fiscal Agent and Grant Recipient for Local Workforce Area #9.
III.SCOPE OF SERVICES:
The Successful Offeror shall provide all data, labor, materials and equipment necessary to educate and support the Consortium members in reaching consensus on the final formula based on recommendations formulated by the Offeror after collecting and considering input from the Consortium members.
The Successful Offeror will be expected to perform, at a minimum, the following services:
- Propose approaches to formula development processes and any methodologies to be considered which are based on gathering input from and hosting discussions among the Consortium members that engage the members inexploring options and alternatives with appropriate consideration of the need for and use of the funds generated.
- Facilitate a creative and inclusive formula methodology review process that considers:
- The impact to the regional workforce development system if no jurisdiction makes contributions to the system.
- Current funding requests and awards and how funds are being utilized.
- The impact of developed formula recommendations and the data recommended for use that creates equity among the Consortium’s member jurisdictions.Including an assessment of current budgetary strengths, challenges and opportunities.
- How any funds awarded should be utilized, managed, reported to the Consortium.
- Social, political and economic changes that have and will impact the future of workforce development and service delivery in the Capital Region.
- Provide expert advice in the development of any final formula, including recommended data source(s).
- Establish the necessary agreement(s) among the member jurisdictions about the formula, the data and the expectations for each member jurisdiction’s budget process that must be approved by each of the member jurisdictions at the elected board level.
- Assist in the negotiations among member jurisdictions to ensure that each has a clear understanding of the agreement and the fiscal impact on the jurisdiction and the regional workforce development system.
- Assist each member jurisdiction in developing any needed or appropriate Board paper to approve the final agreement.
III.COUNTYRESPONSIBILITIES:
The County will designate an individual to act as the Consortium’s representative with respect to the work to be performed under this contract. Such individual shall have the authority to transmit instructions, receive information, and interpret and define the Consortium’s policies and decisions with respect to the contract.
IV.ANTICIPATED SCHEDULE:
The following represents a tentative outline of the process currently anticipated by the County:
Request for Proposals distributedSeptember 27, 2013
Advertised in newspaperSeptember 29, 2013
Receive written proposalsOctober 25, 2013 2:00 p.m.
Conduct oral interviews and Negotiations November 1, 2013
Contract/installation begins November 11, 2013
V.GENERAL CONTRACT TERMS AND CONDITIONS:
A.Annual Appropriations
It is understood and agreed that the contract resulting from this procurement (“Contract”) shall be subject to annual appropriations by the County of Henrico, Board of Supervisors acting as the fiscal agent for the Consortium. Should the Board fail to appropriate funds for this Contract, the Contract shall be terminated when existing funds are exhausted. The Successful Offeror (“Successful Offeror” or “contractor”) shall not be entitled to seek redress from the Consortium or the County of Henrico, Virginia (the “County”) should the Board of Supervisors fail to make annual appropriations for theContract.
B.Award of the Contract
1.The CLEOsreserves the right to reject any or all proposals and to waive any informalities.
2.The Successful Offeror shall, within fifteen (15) calendar days after Contract documents are presented for signature, execute and deliver to the Purchasing Office the Contract documents and any other forms or bonds required by the RFP.
- The Contract resulting from this RFPis not assignable.
4.Upon making an award, or giving notice of intent to award, the County will place appropriate notice on the public bulletin board located at the following locations:
Purchasing OfficeEastern GovernmentCenter
North Run Office Complex3820 Nine Mile Road
1590 East Parham RoadHenrico VA 23223
Henrico VA 23228
HenricoGovernmentCenter
4301 E. Parham Road
HenricoVA 23228
Notice of award or intent to award may also appear on the Purchasing Office website:
C.Collusion
By submitting a proposal in response to this Request for Proposal, the Offeror represents that in the preparation and submission of this proposal, said Offeror did not, either directly or indirectly, enter into any combination or arrangement with any person, Offeror or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. § 1 et seq.) or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.
D.Compensation
The Successful Offeror shall submit a complete itemized invoice on each delivery or service that is performed under the Contract. Payment shall be rendered to the Successful Offeror for satisfactory compliance with the Contract within forty-five (45) days after receipt of a proper invoice.
E.Controlling Law and Venue
TheContract will be made, entered into, and shall be performed in the County of Henrico, Virginia, and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflicts of law principles. Any dispute arising out of the Contract, its interpretations, or its performance shall be litigated only in the courts of those jurisdictions comprising Local Workforce Investment Area #9.
F.Default
1.If the Successful Offeror is wholly responsible for a failure to perform the Contract (including, but not limited to, failure to make delivery of goods, failure to complete implementation and installation, and/or if the goods and/or services fail in any way to perform as specified herein), the CLEOsmay consider the Successful Offeror to be in default. In the event of default, the CLEOswill provide the Successful Offeror with written notice of default, and the Successful Offeror shall provide a plan to correct said default within20 calendar days of the County’s notice of default.
2.If the Successful Offeror fails to cure said default within 20 days, the CLEOs, among other actions, may complete the Contract work through a third party, and the Successful Offeror shall be responsible for any amount in excess of the Contract price incurred by the CLEOsin completing the work to a capability equal to that specified in the Contract.
G.Discussion of Exceptions to the RFP
This RFP, including but not limited to its venue, termination, and payment schedule provisions, shall be incorporated by reference into the Contract documents as if its provisions were stated verbatim therein. Therefore, Offerors shall explicitly identify any exception to any provisions of the RFP in a separate “Exceptions to RFP” section of the proposal so that such exceptions may be resolved before execution of the Contract. In case of any conflict between the RFP and any other Contract documents, the RFP shall control unless the Contract documents explicitly provide otherwise.
H. Drug-Free Workplace to be Maintained by the Contractor (Va. Code § 2.2-4312)
1.During the performance of this Contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
2.For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with the Virginia Public Procurement Act, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.
I.Employment Discrimination by Contractor Prohibited
1.During the performance of this Contract, the contractor agrees as follows (Va. Code § 2.2-4311):
(a)The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
(b)The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.
(c) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
2. The contractor will include the provisions of the foregoing subparagraphs (a), (b), and (c) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
J.Employment of Unauthorized Aliens Prohibited
As required by Va. Code § 2.2-4311.1, the contractor does not, and shall not during the performance of this agreement, in the Commonwealth of Virginia knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.
K.Indemnification
Unless prohibited by law from doing so, The Successful Offeror agrees to indemnify, defend and hold harmless the CLEOs, the partnership, the city and counties comprising Local Workforce Area #9 and the County of Henrico, Virginia, in its capacity as fiscal agent as well as their respective officers, agents and employees from any claims, damages, suits, actions, liabilities and costs of any kind or nature, including attorneys’ fees, arising from or caused by the provision of any goods and/or services, the failure to provide any goods and/or services and/or the use of any services and/or goods furnished (or made available) by the Successful Offeror, provided that such liability is not attributable to the CLEOs sole negligence.