Addendum 1 Jury Summons Printing and Mailing RFP.pdf
PDF 142 KB Posted
- Attached to
- RFP for Jury Summons Mailing
- Solicitation number
- RFP JAAA 2016000140 3
- Issued by
- Denver City, Colorado
About this file
This document is Addendum 1 to a Request for Documented Quotes issued by the Colorado Judicial Department for jury summons printing and mailing services (Solicitation Number: JUD-RFP-16-SCAO-02). The addendum, dated February 9, 2016, incorporates Exhibit E, a sample agreement for products and services by independent contractor. The RFP was issued on or about January 29, 2016, with a winning proposal submission date of February 26, 2016. The contract term is structured as an initial one-year agreement running from July 1, 2016 through June 30, 2017, with the option to renew for up to four additional one-year periods upon mutual written agreement of the parties, with renewal decisions required within 90 days prior to the expiration of each term. The services requested include the issuance of juror summonses, failure-to-appear (FTA) notices, emergency summons, and related printing and mailing services. Respondents were required to list any exceptions to the agreement as part of their proposal response, with such exceptions becoming part of the evaluation process.
Pricing for products and services is specified in Exhibit B, with all prices remaining fixed throughout the initial term and each renewal period unless the parties agree to modifications in writing. The contractor bills the department monthly for services provided in the prior month, with payment due within 30 days of invoice approval. The department will advance funds for postage expenses at least ten days prior to the mailing date, with excess payments applied to subsequent mailings and any shortfalls supplemented by the department. The contractor is responsible for monitoring the postage reserve account. The Colorado Judicial Department, as a division of state government, is exempt from federal, state, and local tax assessments. The contractor must comply with all applicable federal and state laws, including verification of legal work status through the E-Verify Program or Colorado Department of Labor and Employment program. The contractor is required to maintain specific insurance coverage, including workers' compensation, commercial general liability with minimum limits of $1,000,000, automobile liability insurance, and professional liability insurance with an aggregate limit of at least $1,000,000.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| JurySummonsPrintandMailRFPCombinedFinalcombined.pdf | ||
| JurySummonsPrintingandMailingQA.pdf | ||
| FTA sample _Redacted.pdf |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Ju ry Su mmon s an d FTA Serv i ces
In i t i a l Agreemen t
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 1 o f 1 3
STATE OF COLORADO JUDICIAL DEPARTMENT
ADDENDUM 1 TO REQUEST FOR DOCUMENTED QUOTES
SOLICITATION NUMBER: JUD-RFP-16-SCAO-02-Jury Summons Printing and Mailing
Addendum 1
DATE: February 9, 2016
Section 1. Addendum Description: This addendum hereby adds Exhibit E. Sample Agreement
1. Exhibit E, shown below, is hereby incorporated to be a part of this Agreement. Any contract resulting from this solicitation will be substantially in the form shown in this exhibit.
2. Respondents are required to list any exceptions they have to this Agreement as a part of their Proposal response. Exceptions to the Agreement will become part of the evaluation process.
Addendum acknowledged and accepted by:
Date:
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 2 o f 1 3
EXHIBIT E: SAMPLE AGREEMENT:
COLORADO JUDICIAL DEPARTMENT
AGREEMENT FOR PRODUCTS AND SERVICES
BY INDEPENDENT CONTRACTOR
This Agreement is made by and between [Contractor Name] (“Contractor”), a [State of
Incorporation, if corporate entity] [Business Entity Type] located at [Contractor’s Principal
Office Address], and the Colorado Judicial Department, located at 1300 Broadway, Ste. 1200, Denver, CO 80203 (“Department”). Contractor and Department may also be referred to herein as the “Parties.”
In consideration of their mutual promises and for their mutual benefit, the Parties agree as follows:
1. RECITALS AND PURPOSE.
A. Department needs certain services involving the issuance of juror summonses and failure-to-appear notices, and to that end issued a Request for Proposals, identified as JUD-RFP-
16-SCAO-02-Jury Summons Printing and Mailing on or about January 29 th
, 2016; and
B. Contractor submitted the winning Proposal dated February 26 th
, 2016 and therefore has been selected to provide services for a five-year period under a series of one-year contracts; and
C. Contractor and Department desire to enter into this Agreement for the first year of the
Award period, July 1, 2016 through June 30, 2017 (“Initial Agreement”), with sufficient time to permit the Contractor to prepare for production of the required services; and
D. Authority exists in the law and funds have been budgeted, appropriated and a sufficient unencumbered balance thereof remains available for payment of Department’s obligation under this Agreement.
2. TERM. This Agreement is effective beginning July 1, 2016 or such later date as the
Agreement is fully executed by both Parties, and shall continue through June 30, 2017 (“Initial
Term”) unless earlier terminated pursuant to any applicable provisions herein. Thereafter, this
Agreement may be renewed for up to four (4) additional one-year periods upon mutual agreement of the Parties within ninety (90) days prior to the expiration of this Agreement.
3. PRECEDENCE. The entire Agreement shall consist of the following documents. Any conflicting terms or inconsistencies between the terms in these documents shall be resolved by reference to the documents in the following order of priority:
A. The provisions of the main body of this Agreement;
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 3 o f 1 3
B. Statement of Work, Exhibit A to this Agreement;
C. Price Information Sheet, Exhibit B to this Agreement;
D. Project Plan, Exhibit C to this Agreement;
E. Department’s Request for Proposals JUD-RFP-16-SCAO-02;
F. Contractor’s Proposal in response to RFP JUD-RFP-16-SCAO-02.
4. PRODUCTS AND SERVICES. Contractor agrees to provide Department and
Department agrees to purchase from Contractor, those products and Services set forth in the attached Statement of Work, Exhibit A. This Statement of Work may be modified only by mutual written agreement of the Parties. Any additional Services or Products will be furnished subject to availability of facilities and/or personnel at Contractor’s standard rates in effect at the time and in accordance with any special terms that may be applicable.
5. PRICING; INVOICING.
A. The prices for the Products and Services are set forth in the attached Exhibit B. Prices shall remain fixed for the Initial Term of this Agreement. All prices shall remain fixed for the duration of each succeeding Renewal Period, unless the Parties agree to modifications in writing.
B. Contractor shall bill Department at the beginning of each month for the Products and
Services it provided in the prior month. Upon approval of the invoice, District shall promptly pay through its normal payment procedures, but in no case shall payment be made more than 30 days following approval of the invoice. Department shall promptly notify Contractor of any disputed charges.
C. Department will advance [amount of advance] upon receipt of invoice, on or after [date] to be used for postage expenses only. All postage will be applied to this postage reserve account. Contractor must monitor the postage reserve account to ensure that sufficient funds are available for postage. It is the responsibility of Contractor to request additional funds from Department to replenish the postage reserve account by providing an invoice with an attached itemization of postage used as of the date of the invoice.
6. TAXES. As a division of State Government, Department and District are exempt from the payment of Federal, State and/or local tax assessments, and therefore, no taxes shall be charged to it under this Agreement. If the tax exemption is inapplicable or should change, District agrees to pay all applicable taxes. Department’s Federal Employer Identification Number is 84-
0600334, and State tax exempt number is 98-01817. However, Contractor understands and agrees that when purchasing materials in some political subdivisions Contractor may be required
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 4 o f 1 3 to pay local sales tax even though the ultimate product or service will be provided to the tax exempt District. Such sales tax shall not be reimbursed to the Contractor by District, and District shall not be charged with liability for such reimbursement.
7. TIME OF PERFORMANCE AND DELIVERY.
A. All dates for performance by Contractor, including mailing, shipment, and/or delivery of
Products, are based on Contractor’s best estimates. In no event shall Contractor be liable for any delay in the performance or delivery of any Service or Product or any other default due to the failure by Department to timely provide information and any other items as are required by Contractor to perform its obligations or also due to occurrences or contingencies considered “force majeure” including, but not limited to, war, acts of
God, disasters, flooding, fire, or any other circumstances beyond Contractor’s control that prevent Contractor from performing in the normal and usual course of its business.
B. Contractor and Department will perform the services and provide any products necessary as provided in the Project Plan attached as Exhibit C during the transition period from the prior contractor and after this Agreement commences.
C. If Department fails to provide correct and complete data in accordance with mutually agreed time schedules, if any, Contractor will use its reasonable efforts to reschedule and process Department’s work as promptly as possible.
8. PROPRIETARY RIGHTS OF DEPARTMENT DATA.
A. All data furnished by Department pursuant to this Agreement shall at all times remain the property of Department, and be in the form requested by Contractor. Contractor shall not be responsible for loss or destruction of Department data or material unless due to the negligence of Contractor, and Contractor’s liability is limited to restoring same provided such restoration can be reasonably performed by Contractor and Department provides
Contractor with all source data in readable form for such restoration, it being presumed conclusively that any data delivered to Contractor has been backed up by duplicate material retained by Department.
B. Department accepts sole responsibility for the accuracy and adequacy of all data, and other items provided by it to Contractor. Department specifically accepts sole responsibility for the accuracy and adequacy of all changes to recorded data which are requested or directed by Department, whether in writing or by telephone. Contractor shall not be responsible for errors or omissions resulting from the inaccuracy or defect in any
Department supplied data or materials, Department will pay Contractor, at its standard
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 5 o f 1 3 rates in effect at the time, for any processing reruns or any other additional work performed by Contractor due to Department submitting improper data or materials which are incorrect or incomplete.
C. All data and other materials provided to Contractor by Department under this Agreement shall remain the property of Department.
9. CONFIDENTIALITY OF DEPARTMENT DATA. In addition to any other provision contained in this Agreement, Contractor shall maintain strict security of all juror-related information that is utilized for the preparation and mailing of the juror summons documents and FTA notices. This data shall be used for no other purpose except the preparation of juror summons documents and
FTA notices as requested by Department.
A. All data furnished by Department pursuant to this Agreement is confidential to
Department (“Confidential Information”). Contractor shall maintain the security and confidentiality of such confidential information. Contractor may only use the Confidential
Information for those purposes contemplated by this Agreement for the performance of
Contractor’s obligations under the Agreement, as amended hereby, or as required by law.
Contractor shall provide Department with information concerning such safeguards as
Department may from time to time request, and shall, upon reasonable request, give
Department access to Contractor’s facilities used for the maintenance or processing of
Confidential Information and to its books, records, practices, policies and procedures concerning the use and disclosure of Confidential Information for inspection and copying to determine Contractor’s compliance with this Section.
B. Contractor shall obtain Department’s approval for any disclosures of Confidential
Information made other than for the purposes of this Agreement. Upon Department’s approval, Contractor shall maintain a record of the disclosure including the date of the disclosure, the name and, if known, the address of the recipient of the Confidential
Information, a brief description of the Confidential Information disclosed, and the purpose of the disclosure. Contractor shall make such record available to Department upon request.
C. Contractor shall notify its employees and agents, if any, that they are subject to the confidentiality requirements as set forth herein, and shall provide each employee or agent with a written explanation of the confidentiality requirements before the employee or agent is permitted access to Confidential Information.
D. Contractor shall immediately report to Department any unauthorized access to or use or disclosure of Confidential Information by Contractor or its workforce or subcontractors, and the remedial action take or proposed to be taken with respect to such use or
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 6 o f 1 3 disclosure. Without limiting the rights of the Parties for breach as otherwise provided in this Agreement, if Contractor breaches its obligations under this Section, Department may, at its option (a) exercise any of its rights of access and inspection in this Section; (b) require Contractor to submit to a plan of monitoring and reporting, as Department may determine necessary to maintain compliance with this Section; or (c) terminate this
Agreement, subject to any opportunity to cure provided in the Agreement.
E. Upon termination of this Agreement, Contractor shall return or destroy all Confidential
Information pursuant to Department’s direction that it maintains in any form, and shall retain no copies of such information, or if the Parties agree that the return or destruction is not feasible, it shall continue to extend the protections of this Section to such information and limit further use of the information to those purposes that make the return or destruction of the information infeasible. Upon the enactment of any law or regulation affecting access to or use or disclosure of Confidential Information, or the publication of any decision of any court of the United States or of the state where
Department is located relating to any such law or regulation, or the publication of any interpretive policy of opinion of any governmental agency charged with the enforcement of any such law or regulation, Department may, by written notice to Contractor, amend this Section- in such manner Department deems necessary to comply with such law or regulation. If Contractor disagrees with any such amendment, it shall so notify
Department within thirty (30) days of Department’s notice. If the Parties are unable to agree on an amendment within thirty (30) days following Department’s receipt of
Contractor’s objection, then either Party may terminate this Agreement upon written notice to the other.
10. CONTRACTOR CONFIDENTIAL INFORMATION. Department agrees to treat as Confidential
Information all processes and machinery observed at Contractor’s facilities.
11. COPYRIGHT/OWNERSHIP OF MATERIALS. By virtue of the compensation paid by
Department for the Products and Services provided by Contractor, its employees or agents, under this Agreement, Contractor acknowledges that adequate compensation will have been paid for any data, materials, or work products produced or created by Contractor as a result of this
Agreement. Contractor grants to Department all right, title, and interest in and to all such data, materials, or work products. Contractor further warrants that there is not existing copyright on any products and/or materials that it designs for the purposes of this Agreement. Further, all copyrights, patents and royalties, if any, arising from the distribution of such data, material, or work products shall become the property of Department or its assigns. Contractor shall place a notice of Department’s copyright on any materials produced under this Agreement. In the event that Contractor seeks to use any of Department’s copyrighted materials produced under this
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 7 o f 1 3
Agreement for the purposes of another State’s summons and FTA notices, upon Contractor’s request, Department may grant Contractor a license to use the copyrighted material.
12. WARRANTIES.
A. Contractor warrants that its Products and Services are free from defect in material and workmanship and conform substantially to any specifications that are a part of this
Agreement. Contractor, at its option, shall replace or rework any defective Products or return the portion of the purchase price applicable to the defective Products.
B. Contractor shall use due care in processing all data submitted to it and in performing and providing Products and Services. Data will be processed in accordance with generally accepted data processing procedures. If Services are interrupted or delayed for any reason, Contractor will resume Services as soon as reasonably practical. In the even that errors or omission in Services are the direct fault of Contractor, Contractor will correct any errors of which Contractor receives timely notice. Where correction is impossible or impractical, Department shall be entitled to a refund for that portion of the Services or
Products which contain errors.
C. In the event that Department or any of its governing agencies develops or adopts any additional rules and regulations with which Contractor needs to comply in performing and providing the Products and Services under the Agreement. Department shall promptly notify Contractor in writing of such rules and regulations.
13. PERA STATUS. At all times during the term of this Agreement, the Contractor shall have a duty to notify the Department of the existence of any person who is providing services to the
Department under this Agreement, who is also an owner or operator, or is related to an owner or operator, of the Contractor business entity, and who is also a service retiree from the Public
Employee Retirement Association (PERA) of Colorado. The Department and Probation shall not be liable for any reduction or loss of PERA retirement benefits that may occur due to a Retiree’s work under this Agreement.
14. PUBLICITY RELEASES. Contractor agrees not to refer to the award of this project in commercial advertising in such a manner as to state or imply that the commodities or services provided are endorsed or preferred by the Department.
15. STATUS AS INDEPENDENT CONTRACTOR. This Agreement does not constitute a hiring by either Party. It is the Parties' intention that Contractor shall be an independent contractor and not
Department's employee for all purposes, including, but not limited to, the Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Colorado Workers' Compensation Act, the Colorado
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 8 o f 1 3
Unemployment Insurance Act, and the Public Employees Retirement Association. Accordingly, no federal, state or local income tax or payroll tax of any kind, and no retirement contribution shall be withheld or paid by Department on behalf of Contractor or the employees of Contractor, if any.
16. COMPLIANCE WITH LAW. The Parties shall comply with the letter and spirit of all applicable federal, state and local laws and regulations related to performance under this Agreement, including but not limited to the Colorado Antidiscrimination Act of 1957, as amended, (Section
24-34-401 et seq., C.R.S.) and other applicable law respecting discrimination and unfair employment practices.
17. INCOME TAXES. Contractor understands and agrees that Contractor is responsible to pay, according to law, Contractor's federal, state and local income taxes. If Contractor is not a corporation, Contractor further understands and agrees to pay any self-employment
(social security) tax that may be required by law.
18. UNEMPLOYMENT COMPENSATION. Contractor shall not be entitled to unemployment insurance benefits for work performed under this Agreement, unless unemployment compensation coverage is provided by Contractor or by some entity other than
Department.
19. WORKER'S COMPENSATION. No workers' compensation insurance shall be obtained by Department concerning Contractor or the employees of Contractor, if any. Contractor shall comply with workers' compensation law concerning Contractor and the employees of
Contractor, if any.
20. FRINGE BENEFITS. Because Contractor is engaged in Contractor's own independent business, Contractor is not eligible for, and shall not participate in, any employer pension, health, or other fringe benefit plan of the Department.
21. VERIFICATION OF LEGAL STATUS. Contractor shall comply with C.R.S. §8-17.5-101 et seq. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien to perform work under this Agreement and that it shall not knowingly contract with a subcontractor that fails to certify to Contractor that subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall confirm eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement through participation in either (i) the “E-verify Program,” jointly administered by the Department of Homeland Security and the Social Security
Administration or (ii) the “Department Program” administered by the Colorado Department of
Labor and Employment (“DOL”). If Contractor elects to use the Department Program, Contractor must promptly provide copies of its “Notice of Participation” to the Judicial Department and to
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 9 o f 1 3
DOL. Contractor: (i) shall not use the E-verify or Department Program to undertake pre-employment screening of job applicants; (ii) shall notify the subcontractor and the State within 3 days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement; (iii) shall terminate the subcontractor if a subcontractor does not stop employing or contracting with the illegal alien within 3 days of receipt of notice; and (iv) shall comply with reasonable requests made during an investigation, undertaken by DOL pursuant to C.R.S. §8-17.5-102(5). If Contractor fails to comply with C.R.S.
§8-17.5-101 et seq., Department may terminate this Agreement and Contractor shall be liable for actual and consequential damages.
22. TERMINATION
A. For Default. Either party may terminate this Agreement upon default by the other Party, effective upon receipt of notice or at such other time as may be stated in the notice.
“Default” is defined as the failure of a Party to fulfill any of its duties and obligations under this Agreement. The non-defaulting Party may in its discretion permit the other party a period of up to two weeks to cure the default. Notice of termination shall be provided to the defaulting Party by first class mail, postage prepaid to the appropriate address provided herein.
B. For Loss of Funds. In the event that funding for any activity established by this
Agreement is discontinued or decreased by the State of Colorado, or any federal funding source, Department may terminate this Agreement or reduce its scope effective immediately upon receipt of notice without penalty. In the event of such termination, Contractor shall be compensated for the value of services actually performed prior to the effective date of the termination notice.
C. For Public Interest. The Department is entering into this Agreement for the purpose of carrying out the public policy of the Colorado Judicial Branch. If this Agreement ceases to further such public policy, the Department may terminate this Agreement, in whole or in part, for convenience of the Department, when the interests of the Department so require. The Department shall give at least thirty (30) days written notice of such termination, specifying the part of the Agreement terminated and when the termination becomes effective. In the event of such termination, Contractor shall incur no further obligations with regard to the terminated work, and shall be compensated for any such work satisfactorily completed up to the effective date of the termination.
D. Insolvency. Either Party shall have the right to terminate this Agreement in the event the other Party is declared insolvent or bankrupt or makes an assignment for the benefit of creditors or a receiver is appointed or any proceeding is demanded for or against the other under any provisions applicable bankruptcy law.
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 1 0 o f 1 3
E. Post-Termination. Upon the expiration or earlier termination of this Agreement, Contractor shall deliver to Department any and all remaining Products, completed or in process, in Contractor’s possession and any raw materials specifically produced or acquired in connection with this Agreement. Contractor shall issue a final invoice for all such items which shall be paid by Department in accordance with this Agreement.
Department also agrees to pay for un-invoiced work and Services performed through termination of the Agreement.
23. INDEMNIFICATION. To the extent authorized by law, Contractor shall indemnify, save and hold harmless the Department, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
24. INSURANCE REQUIREMENTS.
A. Contractor shall obtain, and maintain at all times during the term of this contract, insurance in the following kinds and amounts:
i. Workers’ Compensation Insurance as required by state statute, and Employer’s
Liability Insurance covering all of contractor’s employees acting within the course and scope of their employment.
ii. Commercial General Liability Insurance written on ISO occurrence form CG 0001
10 93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
1. $1,000,000 each occurrence;
2. $1,000,000 general aggregate;
3. $1,000,000 products and completed operations aggregate; and
4. $50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate or other document satisfactory to the State showing compliance with this provision.
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 1 1 o f 1 3
iii. Automobile Liability Insurance covering any auto used in performance of this
Agreement (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit.
iv. Professional liability insurance with an aggregate limit of at least $1,000,000. For policies written on a claims-made basis, the policy shall include an endorsement, certificate or other evidence that coverage extends two years beyond the performance period of the Agreement. Contractor shall provide a copy of a certificate of such insurance within seven (7) days of execution of this
Contract. The insurance policy shall not contain a sexual misconduct exclusion.
B. The State of Colorado shall be named as additional insured on the Commercial General
Liability and Automobile Liability policies. Coverage required by this Agreement shall be primary over any insurance or self-insurance program carried by the State of Colorado.
C. The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to Contractor, and Contractor shall notify the
Department by certified mail, personal delivery with receipt or email of any such imminent cancellation or non-renewal within seven (7) days after Contractor’s receipt of such notice.
D. Contractor shall require all insurance policies in any way related to this Agreement and secured and maintained by Contractor to include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against the State of
Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.
E. All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to the State of Colorado.
F. Contractor shall provide certificates showing insurance coverage required by this
Agreement to the State within 7 business days of the effective date of this Agreement, but in no event later than the commencement of the services or delivery of the goods under this Agreement. No later than 15 days prior to the expiration date of any such coverage, Contractor shall deliver to the Department certificates of insurance evidencing renewals thereof. At any time during the term of this contract, the Department may request in writing, and Contractor shall thereupon within 10 days supply to the Department, evidence satisfactory to the Department of compliance with the provisions of this section.
25. FORCE MAJEURE. If acts of God or government authorities, natural disasters, or other emergencies beyond a party’s reasonable control make it illegal or impossible for such party to
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 1 2 o f 1 3 perform its obligations under this Agreement, such party may terminate this Agreement upon written notice to the other party without liability.
26. VENDOR OFFSET. Pursuant to §24-30-202.4, as amended, C.R.S., 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 debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39, as amended, C.R.S.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation Fund; and (e) any other unpaid debts owing to the State of any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the Controller.
27. CHOICE OF LAW; VENUE. The construction, interpretation and performance of this
Agreement shall be governed by the laws of the State of Colorado, and any claim arising out of or relating to this Agreement or breach thereof shall be brought exclusively in the state courts of
Colorado.
28. SEVERABILITY. If any part of this Agreement shall be held unenforceable, the rest of this
Agreement will nevertheless remain in full force and effect provided that the Parties can continue to perform their obligations under this Agreement in accordance with its intent.
29. NON-WAIVER. The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.
30. ENTIRE AGREEMENT; MODIFICATIONS. This Agreement, including all exhibits and attachments, is the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed by both Parties to this Agreement.
31. ASSIGNMENT; SUBCONTRACTING. Contractor’s rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted without the prior, written consent of the Department. Any attempt at assignment, transfer, or subcontracting without such consent shall be void. All assignments, subcontracts, or Subcontractors approved by the Department are subject to all of the provisions of this Agreement. Contractor shall be solely responsible for all aspects of subcontracting arrangements and performance.
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 1 3 o f 1 3
32. ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS. The Parties consent to the use of electronic signatures by either party. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically by the parties in the manner specified by the parties. The parties agree not to deny the legal effect or enforceability of this Agreement solely because it is in electronic form or because an electronic record was used in its formation. The parties agree not to object to the admissibility of this Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original.
33. SIGNATURE AUTHORITY. By signing this Agreement, the person signing on behalf of
Contractor hereby swears and affirms that they are authorized to act on Contractor’s behalf and acknowledge that the Department is relying on their representations to that effect.
IN WITNESS WHEREOF, the Parties have executed this agreement on the dates written below.
STATE OF COLORADO CONTRACTOR
JUDICIAL DEPARTMENT
By: By:
Typed: Gerald A. Marroney Typed:
Title: State Court Administrator Title:
Date: Date:
Address:
Exh ib i t B t o In i t i a l Agreemen t
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 1 o f 2
Exhibit A
Statement of Work
To be inserted from final RFP document
Exh ib i t B t o In i t i a l Agreemen t
[ Con t rac tor ] / Ju d i c i a l Dep a r tmen t
FY [ Yea r ]
Page 2 o f 2
Exhibit B
Price Information Sheet
Item Price Per Form *Quantity Discount if
Applicable
Card Stock per summons
Jury Summons form
(Printing)
FTA Summons form
Emergency Summons
*Postage- 1 st class USPS
*Specify the quantity of summons needed for discounts
MAILING COSTS. Mailing costs, which are not included in the listed prices, will be paid by
Department at least ten (10) days prior to mailing date. If Department’s estimated payment exceeds the actual postage used, any excess payment will be applied to subsequent mailing or shipments. If the estimated payments are less than the actual postage used, Department will promptly send a supplement payment to Contractor for the difference.
CANCELLATION COSTS. If the Agreement to which this Exhibit B is attached is terminated by either Party, Department will pay Contractor for any work performed and any materials purchased or produced prior to the termination of the Agreement for the benefit of the services to be rendered under this Agreement.
JUD–RFP -16-NewProject -Addendum 1 Page 3
Exhibit C
Project Plan
(Attach, if
File details come from the government source that posted it. Updated .