RFP Housing Bridges Final 3-21-25.docx

REQUEST FOR PROPOSAL

Office of Bridges of Colorado Transitional and Emergency Housing

Notice: Respondents must be registered as a Vendor with the Colorado Judicial Department’s Electronic Bidding System web site to receive addenda, modifications or notices that may affect your proposal. To register visit:

https://www.bidnetdirect.com/private/buyer/solicitations?target=clear

SOLICITATION NUMBER: 42225MKJ

TABLE OF CONTENTS

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Section 1.

Opportunity A. Summary: The Office of Bridges of Colorado referred to herein as “Bridges,” issues this Request for Proposals for the purpose of selecting one or more providers to provide transitional and/or emergency housing support for individuals who are actively being served by Bridges. A more detailed background and a scope of work is posted in “Exhibit A” of the draft contractor agreement set forth in Section 6.

Upon completion of the RFP and interview process, Bridges may execute an Agreement with one (1) or more of the highest ranked Respondents, as determined by the Office.

B. Agreement Term: Bridges anticipates an agreement for one (1) year with up to four (4) optional extensions of one (1) year, which may be exercised at the sole discretion of Bridges.

C. Agreement Value: Bridges shall negotiate, with the recommended Respondent(s), a maximum amount payable for the entire term of the agreement including any option years. The budget for the initial term of the agreement and initial program evaluation is $200,000.00.

Section 2. Administrative Information A. Electronic Bidding System: The Request for Proposals and accompanying documents are available on the https://www.bidnetdirect.com/private/buyer/solicitations?target=clear

B. Technical Assistance: Technical problems with the Judicial Department’s Electronic Bidding System should be submitted to BidNet Direct at (800)835-4603. The Help Desk is available Monday through Friday 6:00 AM to 6:00 PM Mountain Standard Time, Monday through Friday.

C. Notices: Bridges will post notices to the Electronic Bidding System 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 indicated within the Electronic Bidding System to be considered for award. Proposals must be submitted electronically via the Electronic Bidding System. Late Request for Proposals and Request for Proposals received by any other means will not be accepted or considered for award. It is the Respondent’s responsibility to ensure that they leave adequate time to submit all materials electronically. The Electronic Bidding System will not allow submissions to be entered after the due date and time.

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 Bridges 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 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.

Bridges will make a written determination as to the apparent validity of any written request for confidentiality. In the event Bridges 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 indicated on the Electronic Bidding System. When the RFP states that only Electronic Proposal Submissions are acceptable, no public bid opening will occur. If paper submissions are required, then 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, Bridges 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 Bridges’ 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 Bridges 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 Bridges desires to enter into oral presentations, site visits, or discussions they will do so with one or more proposers, at their discretion.

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

J. Cancellation of Request for Proposals (RFP): 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 Bridges 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 Bidding System.

L. Disposition of Bids or Proposals: When bids or proposals are rejected or a solicitation is cancelled after bids 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 Bridges.

N. Bridges’ Standard Agreement: The successful Respondent must execute Bridges’ contractor agreement. A sample version of the contractor agreement is attached as the Section 6, below. The contractor agreement contains language which is standard to all Bridges agreements and generally is 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 D – Exceptions to Agreement” with its proposal. If a potential Respondent takes exception pursuant to the process outlined above, is informed by Bridges 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.

O. Evaluation and Selection Process: This RFP process is being undertaken to enable Bridges 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 Bridges’ 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.

6. Contract(s) may be awarded to the Respondent whose proposal, conforming to this RFP, will be the most advantageous to Bridges, 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.

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 twenty (20) 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:

1. Respondent Contact Information: Provide the name, title, telephone and email of the personnel responsible for the primary communication with the Bridges regarding Respondent’s proposal;

2. Understanding of Requested Services: Provide a brief statement indicating Respondent’s clear understanding of a commitment to the provision of services as specified in this RFP;

3. 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;

4. Agreement Exception: Provide a brief statement indicating whether Respondent does or does not take exception to Bridges’ draft contractor agreement as stated in Section 6. of 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

5. 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:

1. Attachment A - Business Organization Statement;

2. Attachment B - Affidavit of Non-Collusion

3. Exhibit C - Pricing Response Section;

4. Attachment D- 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. Bridges may request information from Respondent’s clients, government agencies or any other available sources.

Section 4. Evaluation Criteria A. Pass/Fail Criteria:

1. Financial History/Stability:

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

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

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

B. Evaluated Criteria:

1. Organization and Resources:

a. Describe your housing facilities characteristics for the identified client populations, including the standard fixtures provided and the nature of the shared facilities to which clients will have access.

b. Describe compliance of provided facilities with Fair Housing and Habitability Standards.

c. List all staff that will be assigned to work with Bridges.

d. Provide certification and training qualifications of proposed staff in housing facility management and on-site supplemental transitional housing support and services.

e. Provide documentation of ability and willingness to maintain good standing with all licensure and certification requirements promulgated by all government entities responsible for the regulation of the proposed housing facilities and supplemental programs/support.

2. Capability to Perform Required Services:

a. Overall program detail to include all items requested in the scope of work in Section 6., with respect to on-site service offerings, including but not limited to trainings, advocacy, community participation, food pantry access, future Deposit savings, and other programs designed to achieve long term housing sufficiency for referred clients.

b. Provide a sample report that complies with the RFP requirements as listed in the Scope of Work in Section 6.

3. Experience and Past Performance:

a. Describe your experience in providing services of the nature described herein with the community and other resources. Such resources include, but are not limited to, criminal justice professionals, pre-trial services, probation officers, law enforcement staff, non-profit and religious resources, employment resources, and County agencies such as the Department of Social Services. List the major clients served, and dates of service.

b. State how many years your organization has been in business providing the types of services described in this RFP.

4. Proposal Fees/Cost to Bridges: –

a. Provide a cost for all elements of the housing and support services per Exhibit C, pricing response.

b. If the Respondent intends to use sub-contractors, the response must specify a separate rate schedule for those tasks performed by the sub-contractor(s).

c. Provide a sample invoice to be submitted monthly.

d. The offered price must be a firm price and may be a daily, weekly or monthly rate, not subject to change during the initial contract period. Thereafter, the contract price for each subsequent annual contract term will be fixed for that term upon agreement of the parties. Requests for price increases must be based on documented increases in the market price of supplies and/or increased cost of labor as required by the workers’ union contract. Any such increases can be provided only if Bridges is able to obtain adequate funding. Any proposed price increases must be submitted in writing to Bridges at least 90 days prior to the end of the current contract period. Documentation supporting the price increase must accompany the request.

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 as indicated on the Electronic Bidding System. Questions submitted after this time will not be considered. Any clarification or interpretation or change to the RFP will be by electronic written addendum posted to the Electronic Bidding System. Bridges is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by electronic written addendum posted to the Electronic Bidding System. Any addenda so issued are to be considered a part of the RFP document.

BRIDGES, ITS COMMISSIONERS, 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.

B. Other Communications: Respondent who conduct or arrange for any communication not provided for in this RFP with any Bridges employee or member of the Panel regarding this RFP may be disqualified.

Section 6.

Sample Contractor Agreement Any Agreement resulting from this solicitation 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.

BRIDGES OF COLORADO

AGREEMENT FOR SERVICES

BY INDEPENDENT CONTRACTOR

1. PARTIES. This Agreement is entered into by and between THE OFFICE OF BRIDGES OF COLORADO ("Bridges"), 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]. Bridges 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. The purpose of this agreement is to provide transitional and/or emergency housing support for participants who are actively being served by Bridges.

3. AUTHORITY.

A. Bridges has issued Request for Proposal (RFP) <insert solicitation number> in accordance with Bridges current procurement procedures. Bridges has determined in its sole discretion that Contractor is a successful bidder in response to the RFP <insert solicitation number> and pursuant thereto has awarded Contractor the opportunity to provide the herein described services for a period of one (1) year with an option to renew, 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”). Bridges 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 <insert start date> and shall terminate on <insert initial term end date> (“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, Bridges, 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. Bridges shall have no liability to compensate Contractor in connection with any services performed outside the scope of Exhibit A.

7. REFERRALS. Bridges shall be responsible for appropriately referring participants for services, however, there is no guarantee of referral(s) or a specific number of referrals to Contractor.

Bridges may suspend referrals in the event that any of the following occur:

7. Contractor fails to adhere to any of the terms of this agreement.

8. FEE AND PAYMENT.

A. Fee. Bridges shall compensate Contractor for services performed under this Agreement. Bridges 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 Bridges on the schedule set forth in Exhibit B. Upon approval of the charges, Bridges shall promptly pay through its normal payment procedures. Bridges’ acceptance of an invoice does not constitute acceptance of services performed under this Agreement. Bridges may require Contractor to utilize an electronic invoicing/vouchering system.

D. Disputes. If the Contractor disputes any calculation, determination or amount of any payment, the Contractor shall notify Bridges 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 Bridges, as appropriate. Bridges 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 Bridges review shall be final. No payment that is subject to a dispute under this subsection shall be due until after Bridges has concluded its review.

E. Erroneous Payments. Bridges may recover, at Bridges 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. Bridges 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 Bridges and Contractor, or by any other appropriate method for collecting debt.

9. 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 Bridges’ 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 Bridges on behalf of Contractor or the employees of Contractor, if any.

10. PERFORMANCE SPECIFICATIONS. Bridges 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.

11. 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.

12. TRAINING. Bridges shall provide no training to Contractor, in as much as Contractor already possesses the skills needed to perform the work required under this Agreement.

13. CRIMINAL BACKGROUND CHECK .

A. Background Check. Bridges 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 Bridges’ Human Resources Division under standards developed by Bridges. 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 Bridges, and deliver the completed form to Bridges’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 Bridges.

B. Notification. Contractor shall notify Bridges 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 Bridges.

14. 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 Bridges and to DOL.

B. Contractor:

i. shall not use the E-verify or Bridges Program to undertake pre-employment screening of job applicants;

ii. shall notify the subcontractor and Bridges 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.

C. 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 they are 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 they are lawfully present in the United States prior to starting work for Bridges 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.

15. PERA STATUS. At all times during the term of this Agreement, Contractor shall have a duty to notify Bridges of the existence of any person, including Contractor themselves is doing business as an individual or sole proprietor, who is providing services to Bridges 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 Bridges 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, Briges shall not be liable for reimbursement of any such reduction or loss.

16. 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.

17. 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 Bridges.

18. WORKERS’ COMPENSATION. No workers' compensation insurance shall be obtained by Bridges 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.

19. 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 Bridges.

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 thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the Controller.

21. INSURANCE REQUIREMENTS.

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 acting within the course and scope of their employment.

ii. Commercial General Liability Insurance written on an ISO occurrence form, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

a. $1,000,000 each occurrence;

b. $1,000,000 general aggregate;

c. $1,000,000 products and completed operations aggregate; and

d. $50,000 any one fire.

If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Bridges a certificate or other document satisfactory to Bridges showing compliance with this provision.

iii. Automobile Liability Insurance covering any auto used in performance of this Agreement (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit.

iv. Professional liability insurance with an aggregate limit of at least $1,000,000. For policies written on a claims-made basis, the policy shall include an endorsement, certificate or other evidence that coverage extends two years beyond the performance period of the Agreement. The insurance policy shall not contain a sexual misconduct exclusion.

B. The State of Colorado shall be named as additional insured on the Commercial General Liability and Automobile Liability policies. Coverage required by this Agreement shall be primary over any insurance or self-insurance program carried by the State of Colorado.

C. The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to Contractor, and Contractor shall notify Bridges by certified mail, personal delivery with receipt or email of any such imminent cancellation or non-renewal within seven (7) days after Contractor’s receipt of such notice.

D. Contractor shall require all insurance policies in any way related to this Agreement and secured and maintained by Contractor to include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.

E. All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to the State.

F. Contractor shall provide certificates showing insurance coverage required by this Agreement to Bridges within 7 business days of the Effective Date of this Agreement, if not previously provided, but in no event later than the commencement of the services or delivery of the goods under this Agreement. No later than 15 days prior to the expiration date of any such coverage, Contractor shall deliver to Bridges certificates of insurance evidencing renewals thereof. At any time during the term of this Agreement, Bridges may request in writing, and Contractor shall thereupon within 10 days supply to Bridges, evidence satisfactory to Bridges of compliance with the provisions of this section.

22. CONFIDENTIALITY. In the event that Contractor obtains access to any records or files of Bridges in connection with this Agreement, or in connection with the performance of its obligations under this Agreement, Contractor shall keep such records and information confidential and shall comply with all laws and regulations concerning the confidentiality of such records to the same extent as such laws and regulations apply to Bridges. Contractor shall notify its employees and agents, if any, that they are subject to the confidentiality requirements as set forth above, and shall provide each employee or agent with a written explanation of the confidentiality requirements before the employee or agent is permitted access to confidential data.

23. COPYRIGHT/OWNERSHIP OF MATERIALS. By virtue of the compensation paid by Bridges for services rendered by the Contractor and its employees or agents under this Agreement, Contractor acknowledges that adequate compensation will have been paid for any data, materials, or work products produced or created by the Contractor as a result of this Agreement. Contractor grants to Bridges all right, title and interest in and to all such data, materials, or work products. Further, all copyrights, patents and royalties, if any, arising from the distribution of such data, materials or work products shall become the property of Bridges or its assigns. To the extent required by Bridges, Contractor shall place a notice of Bridges’ copyright on any or all materials produced under this Agreement.

24. PUBLICITY RELEASES. Contractor agrees not to refer to this Agreement or the services provided pursuant to this Agreement in commercial advertising in such a manner as to state or imply that the services provided are endorsed or preferred by Bridges.

25. COMPLIANCE WITH LAW. The Parties shall comply with the letter and spirit of all applicable federal, state and local laws and regulations related to performance under this Agreement, including but not limited to the Colorado Antidiscrimination Act of 1957, as amended, (Section 24-34-401 et seq., C.R.S.) and other applicable law respecting discrimination and unfair employment practices.

26. CHOICE OF LAW; VENUE. The construction, interpretation and performance of this Agreement shall be governed by the laws of the State of Colorado, and any claim arising out of or relating to this Agreement or breach thereof shall be brought exclusively in the state courts of Colorado.

27. INDEMNIFICATION. Contractor shall indemnify, save and hold harmless Bridges, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this Agreement.

28. TAX EXEMPTION. Bridges is exempt from the payment of federal, state, and/or local government tax assessments. Contractor shall collect no tax from Bridges, and Bridges shall have no liability to Contractor for such taxes regardless of whether any political subdivision of the state imposes such taxes on the Contractor.

29. SEVERABILITY. If any part of this Agreement shall be held unenforceable, the rest of this Agreement will nevertheless remain in full force and effect provided that the Parties can continue to perform their obligations under this Agreement in accordance with its intent.

30. NON-WAIVER. The failure of either Party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.

31. ENTIRE AGREEMENT; MODIFICATIONS. This Agreement, including all exhibits and attachments, is the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed by both Parties to this Agreement.

32. ORDER OF PRECEDENCE. In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:

A. Exhibit D, Special Provisions.

B. The provisions of the main body of this Agreement.

C. Exhibit A, Scope of Work.

D. Exhibit B, Compensation & Payment Schedule.

33. ASSIGNMENT; SUBCONTRACTING. Contractor’s rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted without the prior, written consent of Bridges. Any attempt at transfer, assignment, or subcontracting without such consent shall be void. All assignments, subcontracts, or Subcontractors approved by Bridges are subject to all of the provisions of this Agreement. Contractor shall be solely responsible for all aspects of subcontracting arrangements and performance.

34. THIRD PARTY BENEFICIARIES. Except for the Parties’ respective successors and assigns described in Paragraph 32, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties.

35. TERMINATION

A. Default. Either Party may terminate this Agreement upon default by the other Party, effective upon receipt of notice or at such other time as may be stated in the notice. “Default” is defined as the failure of a Party to fulfill any of its duties and obligations under this Agreement. The non-defaulting Party may in its discretion permit the other Party a period of up to two weeks to cure the default. Notice of termination shall be provided to the defaulting Party by first class mail, postage prepaid to the appropriate address provided herein.

B. Loss of Funds. In the event that funding for any activity established by this Agreement is discontinued or decreased by the State of Colorado, or any federal funding source, Bridges may terminate this Agreement or reduce its scope effective immediately upon receipt of notice without penalty.

C. Public Interest. Bridges is entering into this Agreement for the purpose of carrying out the public policy of the Office of Bridges of Colorado. If this Agreement ceases to further such public policy, Bridges may terminate this Agreement, in whole or in part, for convenience of Bridges, when the interests of Bridges so require. Bridges 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.

D. Force Majeure. If acts of God or government authorities, natural disasters, or other emergencies beyond a party’s reasonable control make it illegal or impossible for such Party to perform its obligations under this Agreement, such Party may terminate this Agreement upon written notice to the other Party without liability.

E. Final Payment. In the event of termination for any reason, Contractor shall be compensated for the value of services actually performed prior to the effective date of the termination.

36. PARTY REPRESENTATIVES; NOTICES. The following persons are hereby designated by their respective employers as their representatives for the management of this Agreement:

Either Party may designate a substitute representative by notice to the other Party. Notices required or permitted to be given under this Agreement shall be in writing and shall be delivered by hand with receipt required, by certified or registered mail to such Party’s representative at the address set forth above or as an email with read receipt requested to the representative at the email address, if any, set forth below. If a Party delivers a notice to another through email and the email is undeliverable and the Party is not provided with an alternate email contact, then the Party delivering the notice shall deliver it by hand with receipt required or by certified or registered mail to such Party’s representative at the address set forth below. Unless otherwise provided in this Contract, notices shall be effective upon receipt of the written notice

37. COUNTERPARTS; ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS. This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties. The Parties consent to the use of electronic signatures by either Party. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically by the Parties in the manner specified by the Parties. The Parties agree not to deny the legal effect or enforceability of this Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of this Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original.

38. SIGNATURE AUTHORITY. By signing this Agreement, the person signing on behalf of Contractor hereby swears and affirms that they are authorized to act on Contractor’s behalf and acknowledge that Bridges is relying on their representations to that effect.

Solicitation 42225MKJ 22-Apr-25 IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates written…