Domestic Violence

Submissions delivered prior to 12:00 noon on June 12, 2009 will be given priority. The contract will be open until filled. Submissions must be delivered to:

Bozeman City Attorney
Bozeman City Hall
121 North Rouse Ave.
Bozeman, MT 59715

Respondents will need to submit four (4) copies of the Statement of Qualifications hereafter “SOQ.” The SOQ shall include a letter of introduction indicating the applicant’s qualifications for the contract position, a detailed resume, two writing samples one of which must be a legal document submitted to a court of record, and a list of references. One of the four (4) copies of the SOQ shall be designated as “original.” All copies of the SOQ shall be made complete. The copies of the SOQ are to be delivered in one envelope. The outside of envelop must be clearly labeled on the front with:

REQUEST FOR STATEMENT OF QUALIFICATIONS (SOQ):

Contract for Domestic Violence Prosecutorial Services

City of Bozeman, Montana

Any interpretation or correction of the SOQ will be made by written addendum issued and mailed or faxed to all recipients of this SOQ. Addenda shall be acknowledged in all SOQ.

In the event that it becomes necessary to request additional clarifying information, or to revise any part of this SOQ, four copies of the revisions, amendments, or supplements are required.

SOQs received after the due date and time will be considered but not given preferential treatment. The Respondent may withdraw the SOQ prior to the time fixed for submission.

Any person or who has previously submitted a SOQ under the initial release need not resubmit the entire SOQ but may supplement their initial SOQ to address the adjustment to the qualifications in Section VI, below.

All SOQs submitted shall be binding upon the Respondent for 180 calendar days from the SOQ submission deadline. Negligence on the part of the Respondent in preparing the SOQ confers no right of withdrawal after the time fixed for submission of SOQ. All costs of preparing the SOQ and any subsequent presentation are to be borne by the Respondent. Therefore, it is absolutely necessary that the Respondent sign the SOQ using the correct and complete legal names and titles of the business entities and individuals.

The City of Bozeman reserves the right to withdraw this solicitation at any time or extend the due date. Appropriate notice of time extensions will be published in the same manner as the original publishing of notice of this SOQ. A contract is anticipated to be awarded to the selected respondent but is not guaranteed.

The Gallatin Project Consortium (Consortium) is a partnership between professional and volunteer members of the criminal justice system and community non-profit organizations and serves all of Gallatin County, Montana. The project is focused on a collaborative team approach to providing services to victims of domestic and sexual violence, their children who are also affected, and victims of dating violence and stalking. The core Consortium partners include the Victim/Witness Assistance Program, the Network Against Sexual and Domestic Violence, the Bozeman Police Department, the Bozeman City Attorney’s Office, Hearts and Homes Family Resource Center, and The Gallatin County Court Appointed Special Advocate/Guardian Ad Litem Program.

The purpose of the Consortium is to address domestic violence and child victimization as interrelated issues, to provide victims with a range of coordinated, previously unavailable services, and to ensure the best opportunity for their safety and long-term success. The project is also committed to maintaining established law enforcement protocols thorough domestic violence investigations to ensure offenders are held appropriately accountable. All activities undertaken by the Consortium will be with the goals of victim safety and offender accountability as the ultimate guiding principles.

Under the direction of the Bozeman City Attorney’s office, the contract prosecutor will provide prosecution services in the Bozeman Municipal Court regarding domestic abuse, misdemeanor sexual assault, stalking, and violation of protective/restraining orders. In addition, the contract prosecutor will represent the Bozeman City Attorney’s Office in the Consortium including attending meetings of the project partners and educating partners on legal aspects of the Consortium ’s goals and objectives.

The contract prosecutor will be required to provide the full spectrum of prosecution services related to domestic abuse, misdemeanor sexual assault, stalking, and violation of protective/restraining orders. To do so, the Contractor shall attend before the Municipal Court and prosecute all such misdemeanor criminal actions and related case work on behalf of the City. The Contractor may be required to perform additional work.

The selected contractor must agree to abide by the City Attorney’s Office policies regarding case management, disposition, and sentencing. The City Attorney’s Office will provide support services to the selected contractor related to files, production of evidence, bail schedules, sentencing guidelines, and related information regarding prosecutorial policies and procedures. Consultation with the City Attorney’s Office on all aspects of services shall be required.

The Contractor must also coordinate with Victim Services through the Victim Services Office, and coordinate with the Bozeman Police Department and Montana State University Police Department regarding officer availability, coordinate service of subpoenas, and case disposition as warranted.

Motion responses will be the responsibility of the selected prosecutor. Appeals may also be the responsibility of the selected contractor.

In addition to the prosecutorial services, time permitting, the responsibilities of the selected contractor will be to:

1. Contribute and assist in training and community education presentations as needed.
2. Provide legal advice pertaining to interactions and advocacy in regards to allegations of domestic abuse, sexual assault, dating violence, and stalking.
3. Assist in the public awareness campaign.
4. Maintain and provide statistics on service use.
5. Attend specialized training, as available, to improve prosecution efforts.

The City of Bozeman will provide limited office space for the selected contractor. Phone, computer equipment, and any other necessary professional tools will be the responsibility of the selected contractor.

The selected contractor must demonstrate adequate legal liability insurance.

This SOQ and any addenda, the Respondent’s SOQ response, including any amendments, and any clarification question responses shall be included in any resulting contract. The contract will require that the selected contractor to have adequate legal liability insurance and will require the selected contractor to fully comply with all applicable federal, state, or local laws, rules and regulations, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, and the Montana Prevailing Pay Wage. In accordance with section 49-3-207, MCA, the Respondent agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. Should the City and selected contractor fail to adopt a mutually acceptable contract the selected contractor will receive written notification that negotiations have terminated. After termination, the next highest ranked firm or individual will be contacted and negotiations will begin until an acceptable agreement is reached.

The City of Bozeman prefers the selected contractor to begin as soon as possible following selection and entering into the resulting contract. The initial contract will be for a period of six months from agreed upon start date and will be renewable based on performance but shall terminate based on available grant fund no later than September 30, 2010.

The selected contractor must be licensed to practice law in the State of Montana upon commencement of duties, be able to begin contracted services by the end of June, 2009, have a minimum of one-year prosecution, court room, or similar public speaking experience, be of outstanding moral character, and demonstrate a strong commitment to the City of Bozeman’s Core Values of integrity, leadership, service and teamwork. In addition, the selected contractor must demonstrate the ability to function in stressful and complex circumstances as well as demonstrate success resolving complex issues using a team-oriented approach. Experience working with law enforcement and victim services is also desired.

By submitting the SOQ the submitter acknowledges prosecution work requires diligence and care in the protection of privacy matters and that the selected prosecutor will be privy to confidential criminal justice information. As such, the selected contractor will be required to consent to an extensive background investigation conducted by the City of Bozeman and Bozeman Police Department. This background investigation is a condition precedent to execution of the resulting contract.

All SOQ will initially be classified as either “responsive” or “nonresponsive.” SOQ may be found nonresponsive any time during the evaluation process or contract negotiation if any of the required information is not provided. If a proposal is found to be nonresponsive, it will not be considered further.

SOQs will be evaluated and a contractor selected according to the following listed criteria:

1. 40% - Experience as a criminal prosecutor;
2. 25% - Experience working with victims of domestic violence, law enforcement, victim services and other Consortium partners;
3. 20% - Demonstrated written and oral communication skills;
4. 5% - Demonstrated commitment to City of Bozeman’s Core Values;
5. 10% - Demonstrated success resolving complex issues using a team-oriented approach and experience working with law enforcement and victim services.

The City of Bozeman reserves the right to conduct interviews with one or more submitters and use the information gained from the interview and any other pertinent information in its determination. Other factors may be considered and weights adjusted accordingly.

The City of Bozeman reserves the right to accept or reject any and all submissions, or parts of submissions; waive technicalities; and to make its decision on the basis of merit, appropriateness, and any other factor. Unless all submissions are rejected or the solicitation is canceled, a contract may be awarded to the submitter whose submissions best meets the requirements and criteria set forth above.