JUD-RFP-16-04PO-01 URINE COLLECTION AND BREATH ANALYSIS.pdf

STATE OF COLORADO JUDICIAL DEPARTMENT

4th Judicial District Probation Department

270 S. Tejon, Suite W200 Colorado Springs, CO 80903

REQUEST FOR PROPOSALS

SOLICITATION NUMBER: JUD-RFP-16-04PO-01 URINE COLLECTION AND BREATH ANALYSIS

DATE: April 1st, 2016

(Supplier must also show this solicitation number on the return envelope or package.)

The purpose of this Request for Proposal (RFP) is to obtain a contract with a vendor(s) for the 4th Judicial District Probation Department that will provide cost effective monitored urine/ oral fluids collection, breathalyzers, chain of custody security, and cold storage of samples. The contractor(s) shall be required to submit all collected samples from clients from the 4th Judicial District Probation Department to a drug testing laboratory selected by the Colorado Judicial Department where the sample will be tested for the presence of controlled substances and/or alcohol. Referrals will be made by Probation Officers or designated private probation case managers.

PROPOSAL SUBMISSION DEADLINE: April 22nd, 2016 TIME: 3:00 PM (Local Time)

Proposals must be prepared in accordance with the instructions in this Request for Proposals.

Proposals must be received by the above date and time to be considered for award. Late Proposals and Proposals received by telephone, fax, or electronic means will not be accepted or considered for award.

The Solicitation Information Sheet (Attachment A) must be signed manually in ink by a person authorized to make an offer on behalf of the Respondent.

PROPOSALS MUST BE DELIVERED TO:

Cheryl O’Donnell Purchasing Agent State Court Administrator’s Office 1300 Broadway, Suite 1200 Denver, CO 80203

(720) 625-5858 Solicitation # JUD-RFP-16-04PO-01 URINE COLLECTION AND BREATH ANALYSIS

Judicial Probation Department July 2016 – June 2017

TABLE OF CONTENTS

Title Page #

REQUEST FOR PROPOSALS 1

SECTION I. PURPOSE, BACKGROUND AND GOALS 3

SECTION II. ADMINISTRATIVE INFORMATION 3

A. RFP Documents and Modifications: 3 B. Schedule of Activities: Date: Local Time: 4 C. Pre-Proposal Conference: 4 D. Written Inquiries: 4 E. Acceptance of Proposal for Evaluation: 4 F. Proposal Submittal Instructions: 5 G. Statement of Work: 5 H. Respondent Response Format / Required Information: 5 I. Evaluation Criteria: 7 J. Confidential / Proprietary Information: 7 K. Opening of Proposals: 7 L. Evaluation and Award of Proposals: 8 M. Discussion/Site Visits: 8 N. Cancellation of Request for Proposals: 9 O. Award Period / Length of Contract: 9 P. Contract: 9

SECTION III. GENERAL PROVISIONS/CONDITIONS 10

Attachment A Solicitation Information Sheet 12 Attachment B Certificate and Affidavit Regarding Illegal Aliens 13 Attachment C. Pricing Information Sheet 14 Attachment D. Sample Agreement 15 Exhibit A. Scope of Work 27

Judicial Probation Department

SECTION I. PURPOSE, BACKGROUND AND GOALS

A. PURPOSE: The purpose of this Request for Proposal (RFP) is to enter into a contract with one or more vendor(s) for the 4th Judicial District Probation Department that will provide cost effective monitored urine/oral fluids collection and breathalyzers which includes chain of custody security, and cold storage of samples. The contractor(s) shall be required to submit all collected samples from clients referred from the 4th Judicial District Probation Department to a drug testing laboratory selected by the Colorado Judicial Department where the sample will be tested for the presence of controlled substances and/or alcohol. Referrals will be made by Problem Solving Court Probation Officers or designated Problem Solving Court private probation case managers. Typical number of samples to be collected on a monthly basis is 1250.

B. BACKGROUND AND GOALS: A survey of the state has indicated that there are significantly different practices and costs associated with monitored collection and urine drug testing. In many cases the costs associated with drug testing pose a hindrance to success for many clients and the offer of this RFP is an effort to minimize the impact of these costs, thereby reducing the number of potential technical violations and revocations for non-compliance. It is also recognized that due to the limited staff resources, the cost to the State and access to appropriate facilities in many probation departments the task of monitoring urine collection constitutes an activity that could be accomplished at less cost to the State. The goals of this RFP are to promote a uniform practice and stable pricing for the monitored collection of urine samples for drug testing and to provide a mechanism for probation departments to outsource the work of monitoring urine collection.

The contract resulting from this RFP is anticipated to be for one (1) year with four (4), one (1) year renewal options, which may be exercised at the sole discretion of the Judicial Department.

SECTION II. ADMINISTRATIVE INFORMATION

A. RFP Documents and Modifications:

The Request for Proposal and accompanying documents are available on the State of Colorado Vendor Self Service System (VSS) on the date and time specified on the cover sheet and Schedule of Activities section of this RFP.

The Judicial Department will post notices which will include, but not be limited to, any modifications to administrative or performance requirements, answers to pertinent inquiries received, clarifications to requirements, and the announcement of the apparent winning Respondent. It is incumbent upon Respondents to carefully and regularly monitor VSS for any such postings.

Modification or Addendum to Request for Proposal: If it becomes necessary to revise any part of this RFP, the notification will be made available via the Colorado VSS System in the form of a “modification”, as published under the original solicitation number.

Respondents must be registered with the State of Colorado VSS System to be eligible for award of this solicitation.

Judicial Probation Department

B. Schedule of Activities: Date: Local Time:

1. RFP Issued April 1st, 2016

2. Written Inquiry Deadline April 8th, 2016 5:00 PM

3. Response to Inquiry Deadline As soon as possible after receipt of questions

4. Proposal Submission Deadline April 22nd, 2016 3:00 PM

5. Public Proposal Opening April 22nd, 2016 3:05 PM

6. Completion of Evaluation As soon as possible after Proposal Closing

7. Oral Interviews/Site Visits upon request if determined necessary

8. Approximate Date for Award Notice May 11th, 2016

9. Projected Start Date July, 2016

C. Pre-Proposal Conference:

No pre-Proposal conference will be held for this solicitation.

D. Written Inquiries:

Respondents may make written inquiries via e-mail to obtain clarification of RFP requirements.

Written inquiries must be received by no later than the date and time indicated in the Schedule of Activities. Written inquiries should be directed to:

Cheryl O’Donnell Purchasing Agent Cheryl.O’Donnell@judicial.state.co.us

(720) 625-5858 Solicitation Number: JUD-RFP-16-04PO-01 URINE COLLECTION AND

BREATH ANALYSIS

E. Acceptance of Proposal for Evaluation:

Proposals will be accepted for evaluation only if they are received at the correct location on or before the closing date and time. All information requested must be complete and properly signed. The solicitation number should be recorded on all Proposal documents as well as on any related correspondence and shipping packages. The Solicitation Information Sheet must be manually signed in ink by a person authorized to make an offer on behalf of the Respondent.

Faxed Proposals and Proposals received by telephone or electronic means will not be accepted.

Judicial Probation Department

F. Proposal Submittal Instructions:

1. Proposals must be received no later than the Proposal submission deadline stated in the

Schedule of Activities. If hand delivering, allow sufficient time to pass through a security screening.

2. The Respondent should submit one hard copy and one electronic copy in PDF format of the

Proposal.

3. Proposals must be submitted in a sealed package and delivered or sent by mail to the following address:

Purchasing State Court Administrator’s Office 1300 Broadway, Suite 1200 Denver, CO 80203 ATTN: Cheryl O’Donnell, Purchasing Agent Cheryl.O’Donnell@judicial.state.co.us

4. Mark outside of package with the following information:

Solicitation #: JUD-RFP-16-04PO-01 URINE COLLECTION AND BREATH

ANALYSIS

Due: April 20th, 2016 Submitted by: (Respondent’s Company Name and Address)

5. Respondent’s name must be included on specifications or descriptive papers submitted with

Proposal.

6. Show solicitation number on sealed envelopes or packages, and on all Proposal documents.

SCAO assumes no responsibility for unmarked or improperly marked Proposal documents.

All received Proposal documents showing a solicitation number are placed directly under locked security until the date and time of opening.

7. By submission of a Proposal, you are guaranteeing that all commodities and/or services meet the requirements of the Proposal during the contract period.

G. Statement of Work:

The detailed Scope of Work is attached as Exhibit A to this RFP.

H. Respondent Response Format / Required Information:

The Respondent must provide all information required in the RFP in the order requested. Each section should be labeled in accordance with the numbers/letters in this section.

1. Completed Solicitation Information Sheet – (Attachment A)

2. Completed Certificate and Affidavit Regarding Illegal Aliens – (Attachment B)

3. Completed Pricing Information Sheet – (Attachment C)

4. Three customer references regarding same or similar service.

5. Financial Statements: The Judicial Department requires assurances that a Respondent will be financially stable. The Respondent should submit an audited financial statement for its most recently closed fiscal year and for the immediately preceding two fiscal years. If audited financial statements are not available, the Respondent may submit financial statements reviewed by a Certified Public Accountant (CPA). Lacking either audited or reviewed financials; the Respondent may submit annual balance sheets and income statements prepared by a CPA. The Judicial Department reserves the right to deduct evaluation points or disqualify a Respondent for failure to properly submit financial statements.

6. Approach to Project: Proposals must detail the Respondent’s understanding of and approach to the project. The bid must explain how each element of the Statement of Work will be accomplished, and identify any work performed by subcontractors.

7. Work Experience: List all relevant work experience and qualifications related to the proposed project. Identify previous or on-going projects that your firm is involved with that are related to this project. Identify all individuals to be assigned to this project. Provide resumes on each individual listing qualifications and relevant expertise and work experience related to the project. Also, provide this information for all subcontractors.

8. Invoice & Statement Sample: Provide invoice and statement samples which comply with

Section IV of this RFP.

9. Report Sample: Provide a sample of a report which complies with section IV of this RFP.

10. Receipting Process: Describe the process you will implement for receipting in payment and for forwarding the portion for testing on to the state’s contracted testing laboratory.

11. Identification Process: Identify method that will be used to identify clients.

12. Collection Locations: Identify proposed locations for collection offices.

13. Equipment Offered: Identify the equipment you plan to use for breathalyzer testing.

14. Maintaining Equipment: Describe your plan for maintaining and calibrating equipment used for breathalyzer testing.

15. Bilingual: Identify procedure you will implement for dealing with non-English speaking clients.

Judicial Probation Department

I. Evaluation Criteria:

The following factors (not listed in order of priority) will be considered in evaluating each

Proposal. The Judicial Department reserves the right to consider other factors, not named here, in making its decision.

1. Price

2. Financial stability

3. Experience in providing client based services

4. Experience in collecting urine samples, understanding of chain of custody, storage and shipment of samples.

5. Experience in performing breathalyzer tests, proposed equipment for performing breathalyzer testing, and plan for calibrating and maintaining breathalyzer equipment.

6. Process for collecting payments and forwarding the appropriate portion to the testing lab.

7. Method of verifying the identity of every client referred to Contractor by Probation

8. Proposed collection locations and hours of operation.

9. Invoice and statement sample complies with requirements of this RFP.

10. Sample report complies with this RFP.

11. Proposed method for accommodating non-English speaking clients.

J. Confidential / Proprietary Information:

Any requested restrictions to the use or inspection of material contained within the Proposal must be clearly stated in the Proposal itself. Written requests for confidentiality must be submitted by the Respondent with the Proposal. The Respondent must state specifically what elements of the Proposal are to be considered confidential/proprietary. Confidential/proprietary information must be readily identified, marked with the solicitation number, and separated/packaged from the rest of the Proposal. Co-mingling of confidential/proprietary and other information is NOT acceptable. Under no circumstances can an entire Proposal, or Proposal price information be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential/proprietary.

SCAO will make a determination as to the apparent validity of any written request for confidentiality. In the event SCAO does not concur with the Respondent’s request for confidentiality, the written determination will be sent to the Respondent.

After award, the Proposals will be open to public inspection subject to any continued prohibition on the disclosure of confidential data.

K. Opening of Proposals:

Proposals will be opened on the date and time specified in the Schedule of Activities at the

Colorado Judicial Department, State Court Administrator’s Office, 1300 Broadway, Suite 1200 Denver, CO 80203. Respondents may, but need not, be present at the Proposal opening. Each Respondent’s name and number of responders will be the only information announced at the Proposal opening. If planning on attending, please notify the office of the Problem Solving Court Coordinator by email or telephone, no less than 48 business hours prior to the scheduled opening.

Cheryl O’Donnell Purchasing Agent State Court Administrator’s Office 1300 Broadway, Suite 1200 Denver, CO 80203

(720) 625-5858 Solicitation Number: # JUD-RFP-16-04PO-01 URINE COLLECTION

AND BREATH ANALYSIS

L. Evaluation and Award of Proposals:

1. An evaluation committee comprised of SCAO Policy and Procedure Committee and other individuals as deemed appropriate by the Problem Solving Court Coordinator will judge the merit of Proposals received according to the evaluation criteria defined in the RFP. The recommendations of the evaluation committee will be forwarded to the State Court Administrator’s Office for review, documented summarization, and final approval.

2. Failure of the Respondent to provide any information requested in this RFP may result in disqualification of the Proposal.

3. The sole objective of the evaluation committee will be to recommend the Proposal most responsive to SCAO requirements as contained in the RFP. The specifications within this RFP represent the minimum performance necessary for an acceptable response.

4. During or after the evaluation of written Proposals, discussions may be conducted with

Respondents who submit Proposals determined to be reasonably susceptible to being selected for award. The evaluation committee may request a meeting if clarification discussions are needed. After the discussions, the Proposals will be ranked based on the same criteria and the top-ranked Proposal will be recommended by the evaluation committee to begin contract negotiations.

5. The Proposal(s) with the highest average score(s) will be recommended for award.

6. Specific evaluation criteria are outlined in the section entitled Evaluation Criteria.

7. Contract may be awarded to the Respondent(s) who’s Proposal (s), conforming to this

RFP, will be the most advantageous to the Judicial Department, as determined by the evaluation committee.

M. Discussion/Site Visits:

After the Proposals have been opened, the evaluation board may in its discretion hold discussions with individual Respondents. The purpose of any such discussions will be to promote understanding of the evaluation board’s requirements and the Respondent’s Proposal, and may result in modifications of services offered. No information derived from competing Proposals will be disclosed during such discussions. Any resulting changes to the initial Proposal must be submitted and confirmed in writing by the Respondent. In addition, the

Judicial Probation Department evaluation board may request a tour of the Respondent’s facility. Such site visits will be at the Respondent’s expense for the entire evaluation board.

N. Cancellation of Request for Proposals:

The RFP may be cancelled in whole or in part either before or after opening of Proposals, at any time prior to execution of the contract, if SCAO determines in writing that such action is in its best interest, for reasons including but not limited to:

1. The services being procured are no longer required;

2. Funds for the procurement will not be available;

3. The RFP contained ambiguous or inadequate specifications;

4. The RFP did not provide for consideration of all significant factors;

5. Prices exceed available funds and it would not be appropriate to adjust qualities to come within available funds;

6. All otherwise acceptable Proposals received are at clearly unreasonable prices, or;

7. There is reason to believe that the Proposals may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith.

O. Award Period / Length of Contract:

This RFP solicits Proposals for a period of time dictated by the federal grant. The initial contract will cover a period beginning July, 1st, 2016 year, and ending June, 30th 2017. This agreement may be extended, at the sole discretion of the Judicial department for up to four (4) additional one (1) year periods.

P. Contract:

The successful Respondent (the “Supplier”) will be required to execute a contract with SCAO prior to the commencement of any work on the project. The contract will be in substantially the form attached here to as Attachment D. Modifications may be made to the contract form prior to its execution upon agreement of SCAO and the Respondent. Additional terms and conditions which are required as a part of the Federal Grant governing the funds used for this service will be added to the Agreement prior to execution. If agreement on contract terms cannot be reached within ten (10) business days after the award has been made, SCAO reserves the right to withdraw the award, and to select a different supplier or to cancel the RFP.

By submitting a Proposal in response to this RFP, the Respondent agrees to conduct transactional and contract negotiations in whole or in part by electronic means, provided that such information is provided, sent or delivered in an electronic record capable of retention by the recipient at the time of receipt.

BY SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, THE RESPONDENT

ACKNOWLEDGES THAT RESPONDENT HAS READ THE ENTIRE RFP AND AGREES TO

ACCEPT ITS PROVISIONS AND CONDITIONS

SECTION III. GENERAL PROVISIONS/CONDITIONS

1. DISCUSSION WITH RESPONDENTS: Discussions may be conducted with apparent responsive Respondents for the purpose of clarification to assure full understanding of the requirements of the solicitation. All solicitations, in the Judicial Department’s sole judgment, needing clarification, shall be accorded such an opportunity.

2. RESPONDENT QUALIFICATION: Respondents must upon request provide satisfactory evidence of their ability to furnish commodities or services in accordance with the terms and conditions of these specifications. The Judicial Department reserves the right to make the final determination as to the Respondent's ability to provide the commodities or services requested herein.

3. AMENDMENTS: All amendments to and interpretations of this solicitation shall be in writing from the Judicial

Department. Any amendment or interpretation that is not in writing shall not legally bind the Judicial Department.

4. RESPONDENT RESPONSIBILITY: Each Respondent shall become fully acquainted with conditions relating to the scope and restrictions attending the execution of the work under the conditions of this solicitation. It is expected that this will sometimes require on-site observation. The failure or omission of a Respondent to become acquainted with existing conditions shall not provide relief of any obligation with respect to this solicitation or to the contract.

5. REJECTION: The Judicial Department reserves the right to reject any submission that contains prices for individual commodities or services that are unreasonable when compared to the same or other submissions if such action is in the best interest of the Judicial Department.

6. COMPETITION: This solicitation is intended to promote open competition. If the language, specifications, terms and conditions, or any combination thereof restricts or limits the requirements in this solicitation to a single source, it shall be the responsibility of the interested supplier to notify the Judicial Department in writing. Written notification must be received five (5) days prior to the submission opening date. The solicitation may or may not be changed but a review of such notification will be made prior to award.

7. WAIVER: The Judicial Department reserves the right to waive any Instruction to Respondents, General or Special

Provision, General or Special Condition or Specification deviation in accordance with rules established in the Colorado Judicial Department Procurement Manual.

8. RESPONSE MATERIAL OWNERSHIP: All material submitted regarding this solicitation becomes the property of the Judicial Department and will only be returned to the Respondent at the Judicial Department’s option.

9. BID/PROPOSAL COSTS: The Judicial Department is not liable for any cost incurred by Respondents prior to issuance of a contract or purchase order.

10. ADDITIONAL DATA: The Respondent should submit any additional information or data not requested in this solicitation which the Respondent believes should be considered in the evaluation of a response.

11. STANDARD CONTRACT: The Judicial Department reserves the right to incorporate standard contract provisions into any contract negotiations that result from a bid, quote or Proposal submitted in response to this solicitation.

12. F.O.B. POINT: All prices bid shall be F.O.B. Judicial Department Destination.

13. SPECIFICATION REQUIREMENT: All submissions must meet or exceed the specifications provided herein.

Evaluation of the extent to which submissions meet specifications will be performed solely and determined solely by the Judicial Department.

14. NON-COLLUSION: The Respondent affirms, by signing the Solicitation Information Sheet, that the proposed price has been arrived at independently without collusion, consultation, or communication with any other Respondent or

Judicial Probation Department with any competitor; the said proposed price was not disclosed by the Respondent and was not knowingly discussed prior to the submission, directly or indirectly, with any other Respondent or with any competitor; and no attempt was made by the Respondent to influence any other person, partnership, or corporation for the purpose of restricting competition.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.

SECTION IV. ATTACHMENTS

Attachment A Solicitation Information Sheet

STATE OF COLORADO

JUDICIAL DEPARTMENT

4th Judicial Probation Department Attn: Ryan Mills, Probation Supervisor

270 S. Tejon, Suite W200 Colorado Springs, CO 80903

Confirmation of Offer

The following information is submitted in response to Solicitation #JUD-RFP-16-04PO-01 URINE COLLECTION AND BREATH ANALYSIS. The below named company is voluntarily submitting this offer and acknowledges that it is consistent with the specifications, terms and conditions, and

INCLUDES ACKNOWLEDGMENT OF ALL MODIFICATIONS POSTED ON THE COLORADO BIDS SYSTEM.

COMPANY NAME*: ______________________________________________________________

ADDRESS: ____________________________________________________________________

CITY: ___________________________________ STATE: ________ ZIP: _______________

DELIVERY DATE: _______________________________________________________________

SIGNATURE: _________________________________________ DATE: ___________________

Signer Must Be Authorized / Qualified To Bind Respondent

TYPED/PRINTED NAME: ________________________________________________________

TITLE: _______________________________________________________________________

PHONE: (_______)_____________________ FAX: (_______)__________________________

E-MAIL ADDRESS: _____________________________________________________________

OFFER MUST BE VALID FOR 90 DAYS

* PARENT COMPANY: If a Respondent is owned or controlled by a parent company, the name, main office address, and parent company’s tax identification number must be provided in the solicitation.

IMPORTANT: Please be certain to include the solicitation number on the outside of the solicitation return envelope or package.

PLEASE RETURN THIS PAGE WITH SOLICITATION DOCUMENTS

Judicial Probation Department

Attachment B Certificate and Affidavit Regarding Illegal Aliens A CERTIFICATION – required of all vendors

The Vendor, whose name and signature appear below, certifies and agrees as follows:

1. The Vendor shall comply with the provisions of §8-17.5-101 et seq., C.R.S. The Vendor shall not knowingly employ or contract with an illegal alien to perform work for the Judicial Department or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien.

2. The Vendor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of §8-17.5-102(2)(b), C.R.S.

3. The Vendor shall comply with all reasonable requests made in the course of an investigation under §8-17.5-102, C.R.S. by the Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this provision or §8-17.5-101 et seq., C.R.S., the Judicial Department may terminate work for breach and the Vendor shall be liable for actual and consequential damages to the Judicial Department.

B. AFFIDAVIT – required of sole proprietors only In addition, if the Vendor is a sole proprietor, the undersigned hereby swears or affirms under penalty of perjury under the laws of the State of Colorado that (check one):

___ I am a United States citizen, or

___ I am a Permanent Resident of the United States, or

___ I am lawfully present in the United States pursuant to Federal law.

I understand that this sworn statement is required by law because I am a sole proprietor entering into a contract to perform work for the State of Colorado Judicial Department. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to starting work for the Judicial Department. I further acknowledge that I will comply with the requirements of §24-76.5-101 et seq., C.R.S., and will produce the required form of identification prior to starting work. I acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under §18-8-503, C.R.S., and it shall constitute a separate criminal offense each time a public benefit is fraudulently received.

CERTIFIED and AGREED to this ______ day of _________________, 201___.

VENDOR:

(Vendor Full Legal Name) FEIN or Social Security Number

BY: _______________________________________ __________________________

Signature of Authorized Representative Title

Attachment C. Pricing Information Sheet

Monitoring/Collection Fee per Sample

Per Service

Max per Month

Breathalyzer

Urine & Oral

All pricing sheets must be signed manually in ink by a person authorized to make an offer on behalf of the bidder. The proposal prices stated herein are firm offers for at least ninety (90) days following the date of signature below.

Company Name: ______________________________________

Authorized Signature: ______________________________________ Date: _______________

Typed/Printed Authorizer Name: ________________________________________________

PLEASE RETURN THIS PAGE WITH SOLICITATION DOCUMENTS

Attachment D. Sample Agreement

Any Agreement resulting from this solicitation will be substantially in the form and format of the sample agreement shown below. Any exceptions to this sample agreement must be noted in the solicitation response and will be evaluated.

STATE OF COLORADO JUDICIAL DEPARTMENT

FOURTH JUDICIAL DISTRICT

AGREEMENT FOR SERVICES

URINE COLLECTION AND BREATH ANALYSIS TESTING

The Parties to this Agreement are the State of Colorado Judicial Department by and through the 4th Judicial District Probation Department, hereinafter “Probation” or “Department,” located at 270 S.

Tejon, Suite W200, Colorado Springs, CO 80903 and XXXXXX. (hereinafter "Contractor" or “Vendor”) an independent contractor registered to do business in the State of Colorado as a [limited liability company, corporation, partnership, as appropriate], located at Address, City, State, Zip Code.

Contractor and Department may collectively be referred to herein as the Parties or individually as Party.

WHEREAS, pursuant to §18-1.3-204 C.R.S., random or periodic chemical testing for the presence of controlled substances or alcohol may be a condition of probation; and

WHEREAS, §16-11.5-106 C.R.S. provides that any sample collected for the chemical testing of an offender for the presence of controlled substances or alcohol may be collected by any contract provider;

and

WHEREAS, Probation and the Specialty Courts of the 4th Judicial District (namely the DUI Court, the Drug Court, the HEALS Court, and the Veterans Court), have a need for monitored urine collection services and breath analysis testing services on both male and female probation clients (“Probationers”) to be performed in El Paso County, Colorado by a qualified urine collection and breathalyzer contractor;

and

WHEREAS, to fulfill this need, Probation issued Request for Proposals No. JUD-RFP-16-04PO-01, dated [Insert Date] (the “RFP”); and

WHEREAS, Contractor’s response to the RFP, dated [Insert Date] (the “Proposal”) has been selected by Probation as the response most advantageous to Probation and as a result, Probation has offered Contractor the opportunity to provide urine collection services for Department for a period of up to five years under a series of contracts of up to one-year each; and

WHEREAS, Contractor is able and willing to provide the needed urine collection services and to comply with Probation and its selected laboratory’s urine collection testing and procedures, monitor urine collection and properly ship/transfer said urine collection to the State’s laboratory, Norchem, for the purpose of chemical testing for the presence of controlled substances or alcohol; and

Judicial Probation Department

WHEREAS, Contractor is able and willing to conduct breath analysis through use of breathalyzer equipment that is approved and regularly calibrated for accuracy and to maintain records of such calibration.

NOW THEREFORE, in consideration of their mutual promises and for their mutual benefit, Contractor and Probation agree as follows:

1. TERM OF THE AGREEMENT

Notwithstanding the date of execution of this Agreement, and subject to termination as provided herein, this Agreement shall be effective beginning July 1, 2016, and shall expire on June 30, 2017.

2. RENEWAL OF THE AGREEMENT

This Agreement may be renewed for four additional periods of up to twelve (12) months each, subject to mutual written agreement by the Parties. If either Party does not intend to renew the Agreement, it shall give written notice of such intent at least thirty (30) days prior to expiration of the Agreement.

3. DUTIES OF CONTRACTOR. Contractor shall properly comply with Probation and its laboratory’s procedures to identify, monitor, and process offenders’ urine collection and provide alcohol breath testing for an unlimited number of Probationers in accord with Contractor’s representations in the Proposal, incorporated herein by reference, and the following terms:

a. Sentry System. For all probationers referred, Contractor shall appropriately access the Sentry electronic system (“Sentry system”) to generate the proper documentation for a Probationer’s urine collection and shall carefully monitor the collection, appropriately label and prepare the specimen for delivery to the laboratory.

b. Failures to Appear. In the event, that a Probationer scheduled for a urine collection or breath test fails to appear or does not appear as scheduled, Contractor shall promptly enter this information into the Sentry system. Contractor shall notify the referring Probation Officer within one business day of any failures to appear, any missed payments, or suspicious circumstances or observations of the Probationer during visits to the Contractor both with regard to a urine or breathalyzer test and the Probationer’s wellbeing.

c. Applicable Laws. The Contractor shall be familiar with and adhere to all federal confidentiality laws applying to personal health information and substance abuse treatment information. These laws include, but are not limited to, federal regulations pertaining to Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and 45 C.F.R. Parts 160 and 164, the federal “Health Insurance Portability and Accountability Act” (HIPAA).

d. Urine Collection Services. Contractor shall provide random urine collection services for

Probation, as follows:

i. Contractor shall accept and follow training from Norchem, the State’s contracted drug testing laboratory (the “Laboratory”) for the collection, storage, chain of custody and

Judicial Probation Department processing of forensic urine sample and shall follow any written observed collection procedures as may be provided by Norchem. Contractor shall provide the collecting staff member to testify in court as to chain of custody or specimen collection questions, if necessary.

ii. Contractor shall ensure a billing account with the Laboratory has been established within three working days of the execution of this agreement and utilize the Sentry system for scheduling, printing chain of custody forms, etc. Practices associated with that Laboratory must be utilized.

iii. Contractor shall perform the physical, line-of-sight monitoring of urine sample collection in a setting that allows direct observation, while preserving Probationer’s privacy from the general public.

iv. Contractor shall comply with chain of custody requirements, including chain of custody documentation through the Sentry system, while the sample is in the custody of the Contractor.

v. Contractor shall provide storage of samples in the recommended manner.

vi. Contractor shall perform the labeling and preparation of the samples for pick-up and delivery by post office or courier service.

vii. Contractor shall contact Norchem regarding any labeling, identification or sample custody issues.

viii. Contractor shall have a staff member who is the same gender as the Probationer to monitor the collection of a urine specimen. In instances of transgender Probationers, observation and collection shall be conducted by a collection technician of the same anatomical gender.

ix. Excluding Probationers identified by Probation as unable to pay, Contractor shall be responsible for collecting from each Probationer, the cost of urine specimen collection in the following amounts:

[Insert Cost Information from Response]

x. Contractor shall submit to the testing Laboratory all fees required by the Laboratory for testing all samples as the fees are set forth in the then-current statewide Agreement for Services between Norchem and the Judicial Department regarding lab-based urinalysis testing. Probation shall not be liable for any failure by Contractor to pay the appropriate amount to the testing Laboratory. Contractor’s failure to keep current on payments to Norchem will be considered default.

xi. In the event that a Probationer disagrees with the results of a urinalysis, s/he may request a confirmation or re-test at her/his own expense. However, Probation will not be responsible for the cost of collecting the sample. Probation will also not be responsible for the Laboratory fee unless the confirmation test is negative.

e. Breath Analysis Services. Contractor shall provide breathalyzer tests for Probation as follows:

i. Contractor shall perform breathalyzer tests on Probationers whenever requested by a supervising Probation Officer.

ii. The Contractor shall use breath analysis equipment that is approved and regularly calibrated for accuracy and shall maintain records of the calibration schedule, as well as any problems with the equipment.

iii. Contractor shall maintain a Random Selection System, as described in paragraph 4 in

Exhibit A Scope of Work to the RFP, for Probationers scheduled for breath analysis only. The 4th Judicial District and Probation reserve the right to utilize alternative systems for random selection, but require the Contractor to have such system available for use.

iv. The Contractor shall be responsible for collecting from each Probationer referred for breath analysis the fee of $[insert costs from Proposal] per breathalyzer test completed. In the event that any Probationer cannot pay the fee at the time of testing, the Contractor shall be responsible for determining whether to perform the test and attempt to collect the fee at a later date. The District shall have no liability for reimbursement of any such uncollected fees.

f. Verify Identity. Contractor shall verify the identity of every Probationer referred to them before each and every urine and breath sample collection.

g. Personnel Restrictions. Under no circumstances may work under this Agreement be performed by any person who at the same time serves as an employee of the Colorado Judicial Department.

h. Availability of Services

i. The Contractor shall be available to provide urine collection and breath testing during the following times, [insert schedule from Proposal].

ii. The Contractor shall post notice of closure in the facility at least 48 hours in advance, and notice shall be given on daily recorded messages.

iii. The Contractor shall notify Probation of any planned or emergency closure when services will not be available.

i. Monthly Reports. Contractor shall produce the following monthly reports:

i. Number and names of Probationers tested and approved for funding by Probation.

ii. Number and names of Probationers who were no-shows.

Judicial Probation Department

iii. Number and names of Probationers who refused to provide a sample.

iv. Number and names of Probationers claiming an inability to produce a sample.

v. An accounting of the money collected from Probationers by date of testing.

j. Spanish Speaking/LEP. Contractor shall have procedures for providing services for Spanish speaking or Limited English Proficient (LEP)) Probationers.

k. Locations. Contractor shall make urine sample collection and breathalyzer testing available for El Paso County at the following location(s): [Insert locations from Proposal]

l. Training. Contractor shall accept and follow training from the Laboratory for the collection and processing of forensic urine samples.

m. Change in Business. Contractor shall promptly notify Probation of any change in its business status.

n. Only Tests Requested. Contractor will administer only the test(s) that are requested by Probation for each client.

o. No Rate Increase. Contractor shall not increase its rates for Probation during the term of this Agreement.

4. DUTIES OF PROBATION

a. Documentation. Probation shall maintain all necessary paperwork pertaining to a Probationer’s obligation to submit to breathalyzer testing or monitored collection of urine samples as a condition of probation or as required by a Specialty Court.

b. Referrals.

i. Probation shall provide the Contractor with a written referral (email is acceptable) that includes the name of the Probationer, the frequency and other conditions for submitting to a monitored collection of urine or a breathalyzer test, a statement as to whether the payment is to be made directly by the Probationer or by Probation and the amount authorized for a voucher for the Probationer.

ii. The referring probation officer shall enter into the Sentry system all the necessary information concerning a probationer’s testing, including type of testing ordered and frequency.

iii. Probation does not guarantee a referral or a specific amount of referrals to Contractor.

iv. Probation and reserves the right to send Probationers to other vendors for sample collection and breathalyzer testing when needed outside of Contractor’s operating hours or in other situations where warranted, in the discretion of Probation.

c. Photo Identification. Probation shall advise all Probationers referred for monitored collection of a urine specimen or a breathalyzer test that they will be required to present photo identification to Contractor if other arrangements have not been made.

d. Laboratory Policies. Probation shall provide to and update Contractor with all documentation, policies and instructions related to the use of Norchem Laboratories as the lab for all urine specimens collected under this contract and submitted for testing.

5. PAYMENT PROCEDURE

a. Invoices. The Contractor shall provide a monthly invoice to Probation, on or before the 5th day of each month, which will be used by Probation to make payment to the Contractor for costs Probation has agreed to pay; namely, the costs of breathalyzer or urine collection services rendered during the prior month for which a voucher has been issued by Probation, as well as to reimburse Contractor for the Laboratory fees paid by Contractor with the submittal of each urine sample requested by Probation. The invoice shall set forth the name of each Probationer who has undergone breathalyzer testing or urine collection; the type of test, whether a standard panel or any additional tests requested; and whether the Probationer paid or did not pay the fee as required by the Court or a supervising Probation Officer.

b. Rates: [Insert rates from Proposal]. The applicable Norchem fees shall be as specified in the then-current statewide Agreement for Services between Norchem and the Judicial Department regarding lab-based urinalysis testing. If other tests are sought by the Probation officer, the billing must be approved in advanced by Probation.

c. Payment. Upon receipt of the Invoice and any vouchers issued, Probation shall pay all approved charges within forty-five (45) calendar days after its receipt. In the event that any of the charges are disputed by Probation, all approved charges will be paid, and the Parties will enter into discussions to resolve the disputed charges.

6. CRIMINAL BACKGROUND CHECK AND NOTIFICATION OF CONVICTION OR GUILTY

PLEA.

a. Background Check. The Colorado Judicial Department requires that all persons who perform services under this Agreement must pass a criminal background check before working under the Agreement, which background check shall be valid for two (2) years. All such background checks will be carried out, at no charge to Contractor or the worker, by the Judicial Department’s Human Resources Division under standards developed by the Judicial Department. In order to request a new or renewal background check, Contractor should provide to the worker an “Authorization and Consent for Release of Information” form, in the form to be provided by Probation, and deliver the completed form to the Probation’s Representative, who will process the request and inform Contractor of the result. No person shall perform any work under this Agreement without having in place a valid criminal background check. The decision as to

Judicial Probation Department whether the worker passes the criminal background check will be in the sole discretion of the Judicial Department.

b. Notification. Contractor shall notify Probation in writing immediately upon discovering that any person performing services under this Agreement pleads guilty to, or is convicted of, a petty, misdemeanor, or felony offense during the term of this Agreement. Contractor’s report shall be accompanied by a newly completed “Authorization and Consent for Release of Information” form authorizing a new background check for the person who pled guilty or was convicted. The person who is subject of the report shall immediately cease performing services under this Agreement until otherwise informed by Probation.

7. TERMINATION.

a. For Public Interest. Probation 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, Probation may terminate this Agreement, in whole or in part, for convenience of Probation, when the interests of Probation so require. Probation 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.

b. For Cause/Default. Either Party may terminate this Agreement upon default by the other Party, effective immediately upon receipt of notice, or at any time thereafter as stated in the notice.

“Default” is defined as the failure to fulfill in a timely and satisfactory manner any of the duties or obligations required under the contract. 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 of the defaulting Party.

c. For Loss of Funds. In the event that funding for any activity established by the Agreement is discontinued or decreased by the State of Colorado, or other source of funds, Probation may terminate the Agreement or reduce its scope without penalty effective immediately upon receipt of notice of such termination or reduction. In the event of such termination or reduction, Contractor will be compensated for the value of services actually performed, if any, prior to the effective date of the termination or reduction.

8. INDEPENDENT CONTRACTOR. Contractor shall perform its duties under this Agreement as an independent contractor. Accordingly, Contractor’s employees and agents are not employees or agents of the Colorado Judicial Department 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 Worker’s compensation Act, the Colorado 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 Probation on behalf of Contractor or the employees of Contractor. Contractor

Judicial Probation Department shall have no authorization, express or implied, to bind the Colorado Judicial Department to any agreements, liability or understanding except as expressly set forth herein.

9. 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.

10. 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 Probation.

11. WORKER'S COMPENSATION. No workers' compensation insurance shall be obtained by

Probation 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.

12. FRINGE BENEFITS. Because Contractor is engaged in Contractor's own independent business, neither Contractor nor Contractor’s employees or agents, if any, are eligible for, or shall participate in, any employer pension, health, or other fringe benefit plan of Probation.

13. LICENSE. Contractor declares that Contractor has complied with all federal, state and local laws and regulations regarding business permits and licenses if any such permits or licenses are required in order to carry out the work to be performed under this Agreement.

14. INSURANCE

a. Contractor shall obtain, and maintain at all times during the term of this Agreement, 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…