JUD–RFP -17-Offender Tracking and Moni tor ing Page 1

STATE OF COLORADO JUDICIAL DEPARTMENT

REQUEST FOR PROPOSAL

State Wide Offender Tracking and Monitoring

Notice: Respondents must be registered as a Vendor with the State of Colorado’s Vendor Self

Service web site to receive addenda, modifications or notices that may affect your proposal. To register visit: https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService Any award resulting from this solicitation will be posted to the Colorado Judicial Purchasing page.

SOLICITATION NUMBER: JUD–RFP-17-Offender Tracking and Monitoring

Category Description

915-70 Monitoring Services: Parolee, Patient, Convict, etc.

SCHEDULE OF ACITIVITES:

Published Date: April 10th, 2017

Deadline to Submit Written Questions: April 21st, 2017 at 5:00P.M. (MST)

Proposal Submission Deadline: May 11th, 2017 at 4:00 P.M. (MST)

Oral Interviews/Site Visits: May 17th and 18th, 2017

PROPOSALS MUST BE DELIVERED TO:

John C. Kane

Purchasing manager

State Court Administrator’s Office

1300 Broadway, Suite 1200

Denver, CO 80203

(720) 625-5877

Solicitation: JUD–RFP-17-Offender Tracking and Monitoring https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService https://www.courts.state.co.us/Administration/Program.cfm?Program=49

JUD–RFP -17-Offender Tracking and Moni tor ing Page 2

TABLE OF CONTENTS

PAGE #

REQUEST FOR PROPOSAL

Section 1. Opportunity

Section 2. Administrative Information

Section 3. Proposal Contents

Section 4. Evaluation and Selection Process:

Section 5. Inquiries

Section 6. Attachments

Attachment A - Business Organization Statement

Attachment B: Affidavit Of Non-Collusion

Attachment C: Pricing Response Section

Attachment D: Exceptions to Agreement

Section 7. Solicitation Terms and Conditions

Section 8. Sample Contractor Agreements

Exhibit A. Statement of Work

Exhibit B: Prices and Rates

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Section 1. Opportunity

A. Summary: The State of Colorado Judicial Department and the State of Colorado

Department of Corrections (DOC), by and through the State Court Administrator’s

Office, referred to herein as “the State,” issues this Request for Proposals for the purpose of selecting a contractor to provide statewide Global Position System (GPS) and

Electronic Home Monitoring (EHM) services for the purpose of Offender tracking and monitoring for all assigned DOC Offenders and Judicial Department Probationers. A scope of work is posted in “Exhibit A” of the draft contractor agreements set forth in

Section 8. Please note that two separate contracts will be awarded from this RFP. One for the State of Colorado Department of Corrections and one for the State of Colorado

Judicial Department. Due to this there are two draft contractor agreements. One specifically for each entity as the rules and required terms and conditions applicable to the entities are different.

Upon completion of the RFP and interview process, the Judicial Department and the

Department of Corrections may execute an Agreement with one (1) or more of the highest ranked Respondents, as determined by the State.

B. Agreement Term: The Judicial Department and the Department of Corrections anticipate agreements for one (1) year with up to four (4) optional extensions of one (1) year, which may be exercised at the sole discretion of the State.

C. Agreement Value: The Judicial Department and the Department of Corrections shall negotiate, with the recommended Respondent(s), a maximum amount payable for the entire term of the agreement including any option years.

Section 2. Administrative Information

A. Electronic Solicitation System: The Request for Proposals and accompanying documents are available on the State of Colorado Vendor Self-service web site.

B. Technical Assistance: Technical problems with the State of Colorado Vendor Self-service web site should be submitted to the Colorado VSS help Desk at (303)866-6464 or via email at VSSHelp@state.co.us The Help Desk is available Monday through Friday

8:00 AM to 5:00 PM Monday through Friday.

C. Notices: The State will post notices to the State of Colorado Vendor Self-service web site 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 the web site for any such postings. The notification will be made available via the web site in the form of a

“modification”, as published under the original solicitation number.

D. Submittal: Request for Proposals must be received by the date and time shown on the cover page to be considered for award. Proposals submitted electronically, via certified return receipt mail, or other delivery where proof of receipt can be confirmed are acceptable. Late Request for Proposals and Request for Proposals received by telephone, https://codpa-ss.hostams.com/webapp/PRDVSS1X1/AltSelfService

JUD–RFP -17-Offender Tracking and Moni tor ing Page 4 fax or regular mail will not be accepted or considered for award. It is the Respondent’s responsibility to ensure that the Request for proposal is received at the time and location specified on page one of this solicitation.

E. Proposal Validity: Respondent’s proposal shall remain valid for one hundred eighty

(180) calendar days from the final date proposals are due for submission. By submission of a proposal, Respondents guarantee that their offer is firm for one hundred eighty (180) calendar days from the proposal due date. If an award is not made during that period, each Respondent shall automatically extend its offer for an additional one hundred twenty

(120) days, unless Respondent indicates otherwise in writing to the State at least thirty

(30) days prior to the last day of the original one hundred eighty (180) calendar day validity period.

F. Requests for Confidential/Proprietary Information: Any requested restrictions ON 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.

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

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

G. Opening of Request for Proposals: Request for Proposals will be opened on the date and time specified in the Schedule of Activities. Respondents may, but need not, be present at the proposal opening. Each Respondent’s name will be the only information announced at the proposal opening.

H. Oral Presentations/Site Visits/Discussions: Following the initial screening of Request for Proposals, the State reserves the right to require, site visits, oral presentations or other discussions (Written or Oral) with individual Respondents. The purpose of any such discussions will be to promote understanding of the State’s requirements and the

Respondent’s proposal, and may result in modifications of commodities or services offered. No information derived from competing Request for Proposals will be disclosed during such discussions. Any resulting changes to the initial proposal must be submitted and confirmed in writing by the Respondent. The cost of any site visit, oral presentation or other discussion shall be paid by the Respondent for the entire evaluation committee.

If the State determines that interviews or presentations are required, selected proposers will be notified in writing of the date, place, time and format of the interview or presentation. Failure to participate in such interviews or presentations shall result in a

Respondent’s disqualification from further consideration. If the Court desires to enter into

JUD–RFP -17-Offender Tracking and Moni tor ing Page 5 oral presentations, site visits, or discussions they will do so with one or more proposers, at their discretion.

I. Negotiations: If the State desires to enter negotiations, they will do so with the highest rated Respondent, unless the intent is to award to multiple Respondent’s, in which case the State will enter negotiations with those Respondents which it intends to issue an award. If the State enters negotiations and no agreement is reached, the State will cease negotiations with the first Respondent and then may enter negotiations with the next highest rated Respondent or make no award under this RFP. The State reserves the right to award the Project, if any, without negotiations.

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

1. The supplies or 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 quantities or qualities to come within available funds;

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

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

K. Notice: When a solicitation is cancelled, notice of cancellation shall be posted on the electronic solicitation notifications system.

L. Disposition of Bids or Proposals: When bids or proposals are rejected or a solicitation is cancelled after bid or proposals are received, the bids or proposals, which have been opened, shall be retained in the procurement file. Bids and proposals, which have not been opened, shall either be returned to vendors (upon request) or shall be disposed.

M. Assignment and Subcontracting: If the Respondent intends to use subcontractors to perform any of the requirements in the Scope of Work, then these subcontractors must be listed as a part of the Proposal. Subcontractors may not be changed without written approval from the State.

N. State’s Standard Agreement: The successful Respondent must execute both the Judicial

Department’s contractor agreement and the State of Colorado Department of Corrections

Standard Agreement. Sample versions of the contractor agreements are attached as the

Section 8, subsections A. and B., below. The contractor agreements contain language which is standard to each Department’s agreements and generally are not negotiable.

Exceptions taken to the contractor agreement language may affect the responsiveness of a

Respondent’s proposal and prevent that Respondent from advancing in the evaluation process. Where a potential Respondent takes exception to contractor agreement language, the Respondent must provide the rationale supporting each exception, prepare and propose amended or substitute language and submit such information as “Attachment

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D – Exceptions to Agreement” with its proposal. If a potential Respondent takes exception pursuant to the process outlined above, is informed by the State that the proposed amended or substitute language is unacceptable, and thereafter cannot accept the contractor agreement language, then it is recommended that the respondent not participate in this RFP process.

Section 3. Proposal Contents

Respondents are required to follow the format and process specified below. The content of the proposal must be clear, concise and complete. Proposals not submitted in the manner described herein may be considered non-responsive and be subject to rejection. Each section of the proposal shall be organized to correlate with the following sections:

A. Proposal Page Limit: The proposal shall be limited to a maximum of forty (40) pages of text. The page count does not include: Respondent’s cover page/letter; Attachments A and B and Exhibit B if any, financial assurances, resumes, table of contents and section dividers.

B. Cover Letter: Not to exceed two (2) pages and shall include the following:

a) Respondent Contact Information: Provide the name, title, telephone and email of the personnel responsible for the primary communication with the State regarding

Respondent’s proposal;

b) Understanding of Requested Services: Provide a brief statement indicating

Respondent’s clear understanding of and commitment to the provision of services as specified in this RFP;

c) Potential Conflicts: Provide a brief statement as to whether Respondent and/or

Respondent’s partners, subcontractor(s), joint venture associates, or any other individual or entity of Respondent’s team has any potential conflicts that may arise in the performance of the services requested in this RFP;

d) Agreement Exception: Provide a brief statement indicating whether Respondent does or does not take exception to either the Judicial Department’s or the DOC draft contractor agreements as stated in Part 1, Section F in this RFP. If Respondent takes exception to the language in the contractor agreement, Respondent must create an additional attachment labeled “Attachment D – Exceptions to Agreement” and submit it with its proposal; and

e) Subcontractors: If the Respondent utilizes subcontractors to perform the requested services, provide the name of the subcontractor’s firm(s), if any.

C. Attachments: Each proposal shall be submitted with the following completed attachments, blank copies of which are provided in this solicitation:

a) Attachment A - Business Organization Statement;

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b) Attachment B - Affidavit of Non-Collusion (Provide a copy of this notarized attachment);

c) Attachment C- Exceptions to Agreement, if needed.

D. Detailed Description of Respondent’s Qualifications, Experience and Fees to perform the requested services: Provide all information requested in Section 4 below entitled “Evaluation Criteria” and shall also address any additional information requested in “Exhibit A” and “Exhibit B” of the draft contractor agreement.

E. References: Provide three (3) references and a description of projects you have worked on relative to the requested services performed within the last five (5) years. Include the following information as to each listed project: business name, contact name, title, address, phone and email. It is the Respondent’s responsibility to validate the contact information for references. The State may request information from Respondent’s clients, government agencies or any other available sources.

F. Product Samples – Contractors that are invited for oral presentations/site visits will be required to bring samples of their equipment that the committee may test during the interview process.

Section 4. Evaluation and Selection Process:

A. This RFP process is being undertaken to enable the State to identify and recommend one or more finalist who have submitted a proposal to provide the services that are the subject matter of this RFP process. A preliminary review of the basic responsiveness of the proposal will be conducted to ensure all requirements of the RFP have been met.

1. An evaluation committee 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 Project Manager 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 the State’s requirements within the budget established for 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 of being selected for award. The evaluation committee may request a meeting if clarification discussions are needed. The evaluation committee may short-list Respondents to this

RFP in an effort to identify the highest ranked Respondents, who may then be requested to interview with the Committee. After the discussions and/or interviews, 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. Specific evaluation criteria are outlined in the section entitled Evaluation Criteria.

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6. Contract(s) may be awarded to the Respondent whose proposal, conforming to this

RFP, will be the most advantageous to the State, price and other factors considered.

Due to the evaluation procedure for the Request for Proposal, lowest dollar price MAY or MAY NOT indicate the successful awardee. Price constitutes only one of several evaluation criteria.

B. Evaluation Criteria: The Panel will evaluate Respondent proposal and may conduct interviews based on the information provided in response to the evaluation criteria set forth.

Pass/Fail Criteria:

1. Mandatory Requirements

2. Financial History/Stability

a) The State 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 State reserves the right to deduct evaluation points or disqualify a Respondent for failure to properly submit financial statements.

b) Include the name, telephone and fax numbers, and e-mail address of the person(s) in the organization authorized to negotiate/expedite actions with The State. Also, provide day-to-day primary and secondary contacts.

c) State the locations of all of your related offices, and provide your organization’s website address (if available).

d) Provide a list of states in which your organization does business providing similar services as described in this RFP.

e) List any association memberships which would relate to the services under this

RFP.

f) Describe your bonding of staff and liability insurance coverage (verification of coverage will be required if awarded the contract)

Evaluated Criteria:

3. Cost

a. Daily monitoring rates for all service types

b. Installation and Deinstallation charges (if any)

c. Replacement cost for equipment ‘shelf inventory’ (if any)

d. Proposed LD’s or other performance incentive costs

e. Any other proposed cost(s)

4. Monitoring Services

a. Monitoring center(s) overview

b. Monitoring policies & processes

c. Monitoring service expertise

d. Monitoring Service level(s) of intensity

e. Technology and communications considerations

i. End user interface of software platform for intake and removal.

ii. Software optimized for mobile device use.

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iii. Alert and notification system for all technology options.

iv. Availability and functionality of Smart Phone Applications with location services.

f. Proposed contract performance incentives and terms

5. Equipment – All types of equipment, including GPS, EHM/RF, Transdermal

Alcohol and Location Monitoring devices (TAD) and Portable Breathalyzers, shall be evaluated with a focus on

a. Equipment functionality and technology

b. Current market usage of equipment

c. Battery life and reliability

d. Next generation of equipment (if proposed)

e. Equipment installation and reliability considerations

6. Qualifications and Experience of the Offeror

a. Experience with clients of a similar size and nature

b. References and existing contracts

c. Assigned Contract Manager & Representatives

d. Reporting, billing, customer service and dispute resolution considerations

e. Field installation, deinstallation and servicing capabilities.

f. Field offices and or agents (locations and number)

Section 5. Inquiries

A. RFP/Addenda Questions: If discrepancies or omissions are found by any Respondent or there is doubt as to the true meaning of any part of the RFP, a written request for clarification or interpretation shall be submitted before the deadline set forth below in this

RFP. Questions submitted after this time will not be considered. Any clarification or interpretation or change to the RFP will be by written addendum signed by an authorized representative of the Department. The Department is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by written addendum. A copy of each addendum will be posted on the State’s Vendor Self Service system. Any addenda so issued are to be considered a part of the RFP document.

THE DEPARTMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES WILL NOT BE

RESPONSIBLE FOR ANY ORAL INSTRUCTION, MODIFICATION, OR

CLARIFICATION RELATED TO THIS RFP. RESPONDENTS SHALL NOT RELY

UPON ORAL COMMUNICATIONS.

Written inquiries must be received by no later than the date and time indicated in the

Schedule of Activities on the cover page of this solicitation. Written inquiries should be directed to:

John C. Kane

Purchasing Manager

John.Kane@judicial.state.co.us

(720) 625-5877

Solicitation Number: JUD–RFP-17-Offender Tracking and Monitoring

B. Other Communications: Respondent who conduct or arrange for any communication not provided for in this RFP with the Chief Justice, State Court Administrator, District mailto:John.Kane@judicial.state.co.us

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Administrator’s, Chief Probation Officers, any Judicial employee or member of the Panel regarding this RFP may be disqualified.

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Section 6. Attachments

Attachment A - Business Organization Statement

State Wide Offender Tracking and Monitoring

1300 Broadway, Suite 1200

Denver, CO 80203

The following information is submitted in response to Solicitation # JUD–RFP-17-Offender

Tracking and Monitoring. 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 VSS

SYSTEM

Business (or Individual) Legal Name: (Exactly as it is to appear on the Agreement)

Name and Title: (of individual authorized to execute the Agreement on behalf of Respondent)

Agreement Mailing Address: City: State: Zip:

Telephone Number: Email:

Business Type, if applicable, include State where incorporated, (i.e., a Colorado Corporation, a

Nevada Limited Partnership, a Sole Proprietor, etc.).

If using a fictitious business name (“DBA”) state name

Debarment: Have you or your firm ever been debarred from doing business with any government entity? Yes ____ No____

If the answer is “YES,” please provide information regarding each debarment by listing on an attached paper the following information; (1) debarring government entity; (2) dates of debarment; and, (3) reason of debarment.

Signature: Title:

Print Name: Date:

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Attachment B: Affidavit of Non-Collusion

State of _________________ )

County of ________________)

_________________________________________, being first duly sworn, deposes and states:

Name of Affiant

That he/she is ____________________________________________________________

Title of ______________________________________________________________________, Name of Respondent and submits herewith the attached Proposal to the State of Colorado Judicial Department and

Department of Corrections; that the Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation; that the

Proposal is genuine and not collusive or a sham; that the Respondent has not directly or indirectly induced or solicited any other Respondent to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Respondent or anyone else to put in a sham Proposal, or that anyone shall refrain from proposing; that the Respondent has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Respondent or any other Respondent, or to fix any overhead, profit, or cost element of the proposed price, or of that of any other Respondent, or to secure any advantage against the public body awarding the Agreement of anyone interested in the proposed Agreement; that all statements contained in the Proposal are true; and, further, that the

Respondent has not, directly or indirectly, submitted his/her/its proposed price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto; that Respondent has not paid, and will not pay, any fee to any corporation, partnership, company association, organization, or to any member or agent thereof, to effectuate a collusive or sham Proposal.

Respondent further swears under penalty of perjury that all information in this Proposal and this

Affidavit is correct.

Dated: _______________________, 20______.

Signature of Affiant

Subscribed and sworn to (or affirmed) before me on this_____ day of______________, 20_____ , Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.

Signature of Notary Public

WARNING: Bids will not be considered unless this Affidavit is fully executed, including the affidavit of a Notary and Notary Seal.

Place seal here.

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Attachment C: Pricing Response Section

Compensation for Required Services:

1. Daily EHM/GPS Monitoring Rates:

Technology (Insert proposed equipment model number) Total Price Per Day

Per Offender

RF Landline-

RF Cell -

GPS Passive -

GPS Active -

Itemize any additional EMS/GPS enhancements (such as back up batteries, software enhancement, etc).

2. Installation and De-Installation Rates: List any costs for installation or de-installation or state that the costs in item 1. are inclusive of installs and removals.

3. Replacement Cost for Equipment “Shelf Inventory”: List any costs for equipment “Shelf

Inventory.”

4. Other Price Structures: List any other one time, or recurring costs.

Compensation for Optional Services:

5. Daily Monitoring Rates:

Technology (Insert proposed equipment model number) Total Price Per Day

Per Offender

TAD (Transdermal Alcohol and location Monitoring devices)-

Portable Breathalyzer w/location services and client verification protocols-

Smart Phone Applications with location services and client verification protocols-

Itemize any additional enhancements for optional items

(such as back up batteries, software enhancement, etc).

Additional Services Not Listed Above

6. Installation and De-Installation Rates: List any costs for installation or de-installation or state that the costs in item 5. are inclusive of installs and removals.

7. Replacement Cost for Equipment “Shelf Inventory”: List any costs for equipment “Shelf

Inventory.”

8. Other Price Structures: If the price structure for one of the proposed optional services doesn’t fit the price structure provided, or if there are any additional one time or recurring costs, then submit these costs.

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: ________________________________________________

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PLEASE RETURN THIS PAGE WITH SOLICITATION DOCUMENTS

Attachment D: Exceptions to Agreement

Note exceptions to the Sample Agreement (if any) in the space provided below:

Section 7. Solicitation Terms and Conditions

APPLICABLE TO THE SOLICITATION. The following provisions shall apply to Sections I and II of this solicitation. In the event that any of the provisions set forth in this Section 7. conflict with provisions set forth in Sections 1-6. herein, the provisions of Sections 1-6. shall prevail.

a. 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 State’s sole judgment, needing clarification, shall be accorded such an opportunity.

b. 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 State reserves the right to make the final determination as to the Respondent's ability to provide the commodities or services requested herein.

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

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

d. 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.

e. REJECTION: The State 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 State.

f. 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 State 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.

g. WAIVER: The State 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 and/or the State Procurement Code.

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

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

j. 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.

k. F.O.B. POINT: All prices bid shall be F.O.B. Destination.

l. 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 State.

m. Insurance Requirements: Within fourteen (14) days of the State’s award to the successful Respondent, said

Respondent shall secure the types and amounts of Insurance set forth in “Exhibit C” of the draft contractor agreement. If the successful Respondent is unable to secure the required insurance, the State reserves the right to revoke the award and award the agreement to the next highest ranked Respondent, to negotiate with any Respondent regarding the services that are subject of this RFP, or to take any other action that is in the best interest of the State. Respondent is not required to submit proof of insurance in its proposal.

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 8. Sample Contractor Agreements

A. Any Agreement resulting from this solicitation with the Colorado Judicial Department shall be substantially in the form and format of the sample contractor agreement below. Any exceptions to this sample contractor agreement must be noted in the Respondent’s proposal and will be reviewed and evaluated as a part of the award process.

COLORADO JUDICIAL DEPARTMENT

AGREEMENT FOR SERVICES

BY INDEPENDENT CONTRACTOR

1. PARTIES. This Agreement is entered into by and between the COLORADO JUDICIAL

DEPARTMENT ("Department"), by and through the OFFICE OF THE STATE COURT

ADMINISTRATOR, and [CONTRACTOR NAME] ("Contractor"), an independent contractor doing business as a [STATE OF INCORPORATION, if corporate entity] [e.g.

Corporation; Partnership; Non-Profit; Individual; Sole Proprietor]. Department and

Contractor may individually be referred to as “Party” or collectively as “Parties.” In consideration of their mutual promises and for their mutual benefit, the Parties agree as follows:

2. RECITALS AND PURPOSE. [Briefly describe the Agreement’s purpose]

3. AUTHORITY.

A. Department has issued [Solicitation Document and Number] in accordance with the

Department’s current procurement procedures. The Department has determined in its sole discretion that Contractor is a successful bidder in response to the [Solicitation

Document] and pursuant thereto has awarded Contractor the opportunity to provide the herein described services for a period [not to exceed five years under a series of one-year contracts]; and

B. Authority exists in the law and funds have been budgeted, appropriated, and otherwise made available, and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment for purposes of this Agreement.

4. EFFECTIVE DATE. This Agreement shall not be valid or enforceable until it is fully executed by both Parties (the “Effective Date”). The Department shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay

Contractor for any work performed or expense incurred before the Effective Date.

5. TERM OF THE AGREEMENT.

A. Initial Term; Work Commencement. The Parties’ respective performances under this

Agreement shall commence on the latter of the Effective Date or [Month Day, Year] and shall terminate on [Month Day, Year] (“Initial Term”) unless sooner terminated or renewed in accordance with the terms of this Agreement.

B. Renewal. This Agreement may be renewed for four (4) additional period(s) of up to twelve (12) months each, subject to mutual agreement by the Parties (each a “Renewal

Term”). Each Party reserves the right to elect not to renew the agreement after expiration of the current term. If Contractor intends not to renew the Agreement it shall give notice of such intent at least thirty (30) days prior to expiration of the Agreement.

C. End of Term Extension. In the event this Agreement approaches the end of its Initial

Term, or any Renewal Term then in place, the Department, at its discretion, upon written notice to Contractor as provided in §35, may unilaterally extend such Initial Term or

Renewal Term for a period not to exceed three months (an “End of Term Extension”).

The provisions of this Agreement in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement contract or modification extending the total term of the Agreement.

D. Survival of Certain Terms. Any provision of this Agreement that imposes an obligation after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement.

6. SCOPE OF WORK. The Contractor shall complete the services as described in Exhibit A and in accordance with the terms and conditions of this Agreement. The Department shall have no liability to compensate Contractor in connection with any services performed outside the scope of Exhibit A.

7. FEE AND PAYMENT.

A. Fee. The Department shall compensate Contractor for services performed under this

Agreement. The Department shall pay the Contractor in the amounts and in accordance with the schedule and other conditions set forth in Exhibit B.

B. Not a Wage or Salary. It is specifically agreed that the fees paid under this Agreement are neither salary nor hourly wage, and any computation of fees based on performance time is for convenience of the Parties in determining value of service and not as salary or hourly wage.

C. Method of Payment. Contractor shall initiate payment requests by submitting invoices to the Department on the schedule set forth in Exhibit B. Upon approval of the charges, Department shall promptly pay through its normal payment procedures. The

Department’s acceptance of an invoice does not constitute acceptance of services performed under this Agreement.

D. Disputes. If the Contractor disputes any calculation, determination or amount of any payment, the Contractor shall notify the Department of its dispute within 30 days following the Contractor’s receipt of the payment or notification of the determination or calculation of the payment by the Department, as appropriate. The Department will review the information presented by the Contractor and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the Department’s review shall be final. No payment that is subject to a dispute under this subsection shall be due until after the Department has concluded its review.

E. Erroneous Payments. The Department may recover, at the Department’s discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by

Contractor. The Department may recover such payments by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the Department and Contractor, or by any other appropriate method for collecting debt.

8. 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 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.

9. PERFORMANCE SPECIFICATIONS. Department shall not exercise control over

Contractor by overseeing the actual work or instructing Contractor as to how the work will be performed; however the parties agree that Contractor shall perform the services in accordance with recognized industry standards of care, skill and diligence for the type of services to be performed.

10. LICENSES, PERMITS, AND OTHER AUTHORIZATIONS. Contractor shall secure and maintain at all times during the term of this Agreement, at its sole expense, all licenses, permits, and other authorizations required by federal, state, and local laws and regulations to perform its obligations under this Agreement.

11. TRAINING. Department shall provide no training to Contractor, inasmuch as Contractor already possesses the skills needed to perform the work required under this Agreement.

12. CRIMINAL BACKGROUND CHECK .

A. Background Check. The 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 the Contractor or the worker, by the Department’s Human Resources Division under standards developed by the

Department. In order to request a new or renewal background check, the Contractor should provide to the worker an “Authorization and Consent for Release of Information” form, in the form to be provided by the Department, and deliver the completed form to the Department’s Representative, who will process the request and inform the 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 whether the worker passes the criminal background check will be in the sole discretion of the Department.

B. Notification. Contractor shall notify the Department 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. The 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 the Department.

13. VERIFICATION OF LEGAL STATUS.

A. Business Entities. 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 Department and to 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 Department 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.

B. Sole Proprietors and Natural Persons. Contractor, if a natural person eighteen years of age or older, swears and affirms under penalty of perjury under Colorado state law that s/he is a United States citizen, legal permanent resident of the United States, or lawfully present in the United States pursuant to federal law. Contractor shall provide proof that s/he is lawfully present in the United States prior to starting work for the Department by complying with §24-76.5-101 C.R.S., et seq., and producing a required form of identification upon signing this Agreement (e.g. driver’s license). In signing this

Agreement, Contractor acknowledges that making a false, fictitious, or fraudulent statement is punishable as perjury in Colorado, and it shall constitute a separate offense each time a public benefit is fraudulently received.

14. PERA STATUS. At all times during the term of this Agreement, Contractor shall have a duty to notify the Department of the existence of any person, including Contractor himself/herself if doing business as an individual or sole proprietor, who is providing services to the

Department under this Agreement who is a service retiree from the Public Employee

Retirement Association (PERA) of Colorado, and who is also an owner or operator, or is related to an owner or operator, of the Contractor business entity. If the retiree has in the past worked as a government employee in a position covered by PERA, but will not be receiving retirement benefits from PERA during the term of this Agreement, Contractor shall also notify the Department in the event the retiree’s status changes to that of PERA benefit recipient during the term of this Agreement. If the retiree is currently receiving retirement benefits from PERA, Contractor understands and agrees, and shall also notify said retiree, that in the event the retiree experiences any reduction or loss of PERA retirement benefits due to work under this Agreement, the Department shall not be liable for reimbursement of any such reduction or loss.

15. 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.

16. 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.

17. WORKERS’ 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.

18. 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.

19. LIQUIDATED DAMAGES. The Parties agree that the anticipated damages to the

Department are uncertain in amount or difficult to prove, that the parties intend to liquidate the damages in advance, and that the amount is a reasonable one and not greatly disproportionate to the presumable loss or injury. Accordingly, Contractor’s failure to meet the requirements, as defined in Exhibit A, will result in an amount due to the Department which may be directly set-off against amounts due and payable by the Department to Contractor. The Department in its sole discretion may elect to withhold a portion of payment to Contractor for those services or obligations which have not been performed as follows:

A. Contractor shall pay liquidated damages at the rate of $33.00 per hour for every hour of staff time required to respond to problems resulting from any of the following: untimely or missed installation or de-installation appointments, faulty installations or equipment, or due to false alerts, other equipment or responding center malfunctions and errors; for billing errors or ambiguities that result in extra time, or undue cost to Department for verification or correction.

B. Accuracy of data transmission is considered one of the most critical performance measures; therefore, this measure shall be at least 99 percent. Contractor shall pay liquidated damages at the rate of $500.00 per occurrence for data errors over the

1% allowable error margin, calculated on a per month basis, after the data Error

Reporting Form has been sent to Contractor, and Contractor has not made the necessary corrections of errors.

C. Amount shall never be greater than $5,000.00 per month.

20. 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…