2015000182 Fishery Operations Attachment A - F.pdf

2015000182RFP 2015000182 Attachment A – complete and return with your written proposal.

RFP COVER PAGE

Proposal Submission Information:

Name of Firm or Agency ______________________________________________________________

Address _____________________________________________________________________________

City ______________________________________ State ______________ Zip ___________________

Name of Authorized RFP Contact Person/Project Manager____________________________________

E-mail address ________________________________________________________________________

My signature below constitutes my certification that I have the legal authority to bind my firm or agency named above to the terms and conditions of the RFP and my firm or agency’s proposal in response thereof, which if awarded will become the legal obligation of my firm or agency.

Name (if different than above) __________________________________________________________

Signature (must be in ink!)_______________________________________ Date __________________

Phone # __________________________________ Fax # _____________________________________

Contracting Information:

Person Authorized To Sign Contract (Full Legal Name) Title/Position

Phone # ___________________________________ E-mail ____________________________________

Federal Taxpayer Identification Number of Firm or Agency _________________________________

Corporate Name or Other Legal Identity of Firm or Agency (If different from above)

Mailing Address _______________________________________________________________________

City ______________________________________ State ______________ Zip ___________________

RFP 2015000182 Attachment B – complete and return with your written proposal.

IMPORTANT: NO PURCHASE ORDER OR CONTRACT WILL BE ISSUED WITHOUT THIS

INFORMATION BEING ON FILE IN THIS PURCHASING OFFICE. PLEASE COMPLETE, SIGN

AND RETURN THIS FORM WITH THE PROPOSAL.

DEPARTMENT OF CORRECTIONS

MINORITY (MBE)/WOMEN (WBE) BUSINESS PARTICIPATION

By Executive Order dated December 10, 1987, Governor Roy Romer established a goal of 17% for minority participation in the State’s business. In order for us to track the performance of the State in meeting this goal, we are requesting that you complete this brief form. This information is requested for reporting purposes only – there is no preference associated with this information. Minority business enterprise (MBE) means, a business enterprise at least 51 percent of which is owned and controlled by minority group members, or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned and controlled by minority group members who are socially and economically disadvantaged as determined by the U.S. Small Business Administration for small businesses. ‘Controlled by minority group members’ means that eligible persons are engaged full-time in the day-to-day operation and management of the business. Minority group members are ethnic minorities including Blacks, Puerto Ricans, persons of Hispanic origin, Asian Americans, American Indians, Eskimos, and Aleuts; and, in addition, may include other categories of persons who can demonstrate such similar chronic disadvantage.

Vendors, suppliers and contractors doing business with the State of Colorado are encouraged to solicit quotations for supplies and services, where needed to perform work on the State contract, from minority-and women-owned businesses.

1. Name of Business or Firm_________________________________________________________

Address ______________________________________________________________________

Phone Number __________________________ Fax ___________________________________

Federal Taxpayer Identification Number _____________________________________________

2. Is your firm minority-owned? Yes No______

3. Is your firm women-owned? Yes No______

4. If your business is not MBE/WBE, please indicate what percent of the products or services you utilize in the general operations of your business that are provided by a MBE or WBE.

Minority-owned subcontractors and/or suppliers __________%

Women-owned subcontractors and/or suppliers __________%

5. Contact Person Signature (Print or Type)

RFP 2015000059 Attachment C - complete and return with the proposal.

CRS 24-102-206 Contract Performance for Services Outside US or CO requires a vendor to give written notice if any services are to be performed outside the state of Colorado or the U.S. This includes any and all subcontracted services, whether anticipated at the time the bid was prepared and submitted, or at any time subsequently during the term of any State purchase order or contract.

If the bidder or contractor anticipates services under the contract, including any subcontracts, will be performed outside the United States or the state, the bidder/contractor shall provide in its WRITTEN statement of work a provision setting forth why it is necessary or advantageous to go outside the United States or the state to perform the contract or any subcontracts.

The bidder/contractor must provide written notice within 20 days (from deciding or actual) if they anticipate, perform or subcontract any services outside Colorado or the U.S. If the bidder/contractor knowingly fails to provide notification, the contract may be terminated. Also note:

• The Colorado Department of Corrections must notify Department of Personnel & Administration (DPA) within 30 days of receipt of such notice from vendor/contractor, and the notice will be published on the State website.

• Services that were provided outside Colorado are subject to fiscal year reporting to the General Assembly (w/detail), each year by Jan. 1 st , starting in 2014.

If at the time of submission of a proposal, the bidder anticipates that any solicited services are to be performed outside of the United States or the state of Colorado, please complete the below and return it with your proposal. If needed, you may elaborate in a separate, specifically titled section of the proposal.

(1) RFP number and bidder name. __________________________________________________________________

(2) The type and amount of services. ________________________________________________________________

(3) Where the services will be performed, and if subcontracted, by whom. ____________________________________

(4) Why it is necessary or advantageous to perform such services outside the United States or the state.

Excluded from this requirement are any contracts to which the State is a party under Medicare; the “Colorado Medical Assistance Act”, articles 4 to 6 of Title 25.5 CRS; the “Children/s Basic Health Plan Act”, article 8 of title 25.5, CRS; or the “Colorado Indigent Care Program”, Part I of Article 4 of title

25.5, CRS

RFP 2015000182 Attachment D – provided for informational purposes.

STATEWIDE CONTRACT MANAGEMENT SYSTEM

[This section shall apply when the Effective Date is on or after July 1, 2009 and the maximum amount payable to Contractor hereunder is $100,000 or higher]

By entering into this Contract, Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system.

Contractor’s performance shall be evaluated in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance.

Evaluation of Contractor’s performance shall be part of the normal contract administration process and Contractor’s performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor’s obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress.

Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Corrections, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (ii) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause.

RFP 2015000182 ATTACHMENT E: Special Provisions of the State contract – provided for informational purposes.

1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee.

2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.

3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.

4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and

(c) be solely responsible for its acts and those of its employees and agents.

5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution.

7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.

8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.

Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.

9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract.

Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests.

10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action.

11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.

12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. End - Revised 1-1-09

RFP 2015000182 ATTACHMENT F - Provided for the bidders’ information purposes. The successful bidder may be required to complete this form as part of the contracting process.

EXHIBIT IC-INDEPENDENT CONTRACTOR STATUS

Part of PO or Contract # (to be determined)

DIRECTION AND CONTROL-REPRESENTATION

Vendor (the term “Vendor” includes Contractors and Grantees) shall perform all of its services and other obligations under the Purchase Order (PO) or Contract (the term “Contract” includes Agreements and Grants) to which this Exhibit is attached, free from the direction and control of the State. Vendor represents that it is customarily engaged in an independent trade, occupation, profession, or business related to the services performed. The latter is a material representation made by Vendor to the State, upon which the State relied in issuing this PO or Contract, and without which, this PO or Contract would not have been issued. In accordance with the foregoing, the State does not and shall not:

• Require Vendor to work exclusively for the State; except to the extent Vendor chooses to work exclusively for the State for a finite period of time specified in the PO or Contract;

• Establish a quality standard for Vendor; except that the State can provide plans and specifications regarding the work but cannot oversee the actual work or instruct Vendor as to how the work will be performed;

• Pay a salary or hourly rate but rather a fixed or contract rate;

• Terminate the work during the PO or Contract period unless Vendor violates the terms of the PO or fails to produce a result that meets the specifications of the PO or Contract;

• Provide more than minimal training for Vendor;

• Provide tools or benefits to Vendor; except that materials and equipment may be supplied;

• Dictate the time of performance; except that a completion schedule and a range of mutually agreeable work hours may be established;

• Pay Vendor personally but rather makes checks payable to the trade or business name of Vendor; and

• Combine the State’s business operations in any way with Vendor’s business, but instead maintain the State’s and Vendor’s operations as separate and distinct.

DISCLOSURE

Vendor is not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by Vendor or some other entity, and Vendor is obligated to pay federal and state income tax on any moneys paid pursuant to the independent contractor relationship created by this PO or Contract. The State shall issue and, Vendor shall accept as proper for tax reporting purposes, a Form 1099 to Vendor for all payments made to Vendor pursuant to this PO or Contract if this payment is 1099 reportable.

Vendor’s Business Name__________________________________________________

Name of authorized signer_________________________________________________

Title of Authorized signer_________________________________________________

Signature ____________________________________Date: ______________

* Persons signing for Vendor hereby swear and affirm that they are authorized to act on Vendor’s behalf and acknowledge that the State is relying on their representations to that effect.