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STATE OF COLORADO JUDICIAL DEPARTMENT

12th Judicial District Probation Department

702 4th Street

Alamosa, Colorado 81101

REQUEST FOR DOCUMENTED QUOTES

SOLICITATION NUMBER: JUD-RDQ-16-12PO-01- USEFUL PUBLIC SERVICE

DATE: April 7th, 2016

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

The State of Colorado Judicial Department, by and through the 12th Judicial District Probation

Department, hereinafter “Probation” issues this Request for Documented Quotes for the selecting a contractor to provide placement services for offenders ordered to complete “Community Service” or

“Useful Public Service” by the Courts in the 12th Judicial District (hereinafter the “Courts”).

QUOTE SUBMISSION DEADLINE: April 26th, 2016 TIME: 3:00 PM (Local Time)

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

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

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

QUOTES 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-RDQ-16-12PO-01- USEFUL PUBLIC SERVICE

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TABLE OF CONTENTS

Title Page #

REQUEST FOR DOCUMENTED QUOTES 1

SECTION I. PURPOSE, BACKGROUND AND GOALS 3

SECTION II. ADMINISTRATIVE INFORMATION 3

A. RDQ Documents and Modifications: 3 B. Schedule of Activities: Date: Local Time: 4 C. Pre-Quote Conference: 4 D. Written Inquiries: 4

E. Acceptance of Quote for Evaluation: 4

F. Quote Submittal Instructions: 4

G. Statement of Work: 5 H. Respondent Response Format / Required Information: 5 I. Evaluation Criteria: 7 J. Confidential / Proprietary Information: 7

K. Opening of Quotes: 8 L. Evaluation and Award of Quotes: 8 M. Discussion/Site Visits: 9

N. Cancellation of Request for Documented Quotes: 9 O. Award Period / Length of Contract: 9

P. Contract: 9

SECTION III. GENERAL PROVISIONS/CONDITIONS 10

Attachment A Solicitation Information Sheet 11 Attachment B Certificate and Affidavit Regarding Illegal Aliens 12

Attachment C. Pricing Information Sheet 13 Attachment D. Sample Agreement 14 Exhibit A. Scope of Work 22

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SECTION I. PURPOSE, BACKGROUND AND GOALS

The Colorado statutes, at Sections 18-1.3-507, 18-18-432, 19-2-308, and 42-4-1301.4, authorize the establishment of a program of community service and/or useful public service (hereinafter collectively referred to as a “UPS Program”) in each Judicial District. Such a UPS Program may be carried out through contracts with not-for-profit or for-profit corporations in order to provide suitable work opportunities for persons who have been ordered by the court to perform community service or useful public service. The work of the contracting entity shall be:

to identify appropriate sources for suitable jobs to interview persons who have been ordered to perform community or useful public service to assign such persons to suitable jobs to monitor their compliance in performing the required service within the time established by the court to report all activity as it pertains to the persons ordered to complete Useful Public Service hours to the referring District on a monthly basis, and to provide all required insurance policies as outlined in the Colorado Revised Statutes cited in this section.

The 12th Judicial District Probation Department has a current provider for a UPS program and the new provider will be required to transition the existing program as a part of any resulting award. The current provider for community service received 630 referrals for community service between January, 2015 and

December, 2015.

The 12th Judicial District Probation Department (hereinafter “Probation”) seeks one entity to enter into contract with the Probation Department to assist in establishing and carrying out such a UPS Program.

The Award and any contract resulting from this RDQ is anticipated to be for one (1) year with four (4), one (1) year renewal options, which may be exercised by mutual agreement.

SECTION II. ADMINISTRATIVE INFORMATION

A. RDQ Documents and Modifications:

The Request for Documented Quote and accompanying documents are available on the State of

Colorado Vendor Self Service System (VSS) on the date and time specified on the cover sheet and

Schedule of Activities section of this RDQ.

SCAO will post notices which will include, but not be limited to, any modifications to administrative or performance requirements, answers to pertinent inquiries received, clarifications to requirements, and the announcement of the apparent winning Respondent. It is incumbent upon

Respondents to carefully and regularly monitor VSS for any such postings.

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

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

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B. Schedule of Activities: Date: Local Time:

1. RDQ Issued April 7th, 2016

2. Written Inquiry Deadline April 13, 2016 5:00 PM

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

4. Quote Submission Deadline April 26th, 2016 3:00 PM

5. Public Quote Opening April 26th, 2016 3:05 PM

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

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

8. Approximate Date for Award Notice As soon as possible after Quote Closing

9. Projected Start Date May 27th, 2016

C. Pre-Quote Conference:

No pre-Quote conference is anticipated at this time.

D. Written Inquiries:

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

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

Activities. Written inquiries should be directed to:

John C. Kane

Purchasing Manager

John.kane@judicial.state.co.us

(720) 625-5877

Solicitation Number: JUD-RDQ-16-12PO-01- USEFUL PUBLIC SERVICE

E. Acceptance of Quote for Evaluation:

Quotes will be accepted for evaluation only if they are received at the correct location on or before the closing date and time. All information requested must be complete and properly signed. The solicitation number should be recorded on all Quote documents as well as on any related correspondence and shipping packages. The Solicitation Information Sheet must be manually signed in ink by a person authorized to make an offer on behalf of the Respondent. Faxed Quotes and Quotes received by telephone or electronic means will not be accepted.

F. Quote Submittal Instructions:

1. Quotes must be received no later than the Quote submission deadline stated in the Schedule of

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

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2. The Respondent should submit one (1) hard copy and one (1) electronic copy in PDF format of the Quote.

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

Purchasing

State Court Administrator’s Office

1300 Broadway, Suite 1200

Denver, CO 80203

ATTN: John C. Kane

Purchasing Manager

John.Kane@judicial.state.co.us

4. Mark outside of package with the following information:

Solicitation #: JUD-RDQ-16-12PO-01- USEFUL PUBLIC SERVICE

Due: April 26th, 2016

Submitted by: (Respondent’s Company Name and Address)

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

Quote.

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

SCAO assumes no responsibility for unmarked or improperly marked Quote documents. All received Quote documents showing a solicitation number are placed directly under locked security until the date and time of opening.

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

G. Statement of Work:

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

H. Respondent Response Format / Required Information:

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

1. Completed Solicitation Information Sheet – (Attachment A)

Provide a general description of your organization including principal local business address and its parent or holding company, if any. Indicate what form of business entity the organization is, (e.g. corporation, partnership, etc.) and the date the organization was founded.

2. Organization and Resources:

a. Describe your organization’s management structure. Include an organizational chart and brief description of the experience and professional background of your corporate officers.

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b. Indicate how many persons your organization employs.

c. List your requirements for employee background checks, including criminal record checks.

d. Identify all individuals to be assigned to this project and provide day-to-day primary and secondary contacts. For all staff providing direct, supplemental, and/or subcontract services for this project: provide a resume for each.

e. List your requirements of UPS staff qualifications, including education and experience.

f. Describe your policy and procedures for UPS staff training.

g. List proposed UPS staffing levels and staff-to-offender ratios. Referral volume estimated at approximately 300 per year. There is no guarantee of minimum number of referrals.

h. Provide information on how many agencies you refer to, how you match clients to agency, agency audit process and method utilized to verify community service hours completed.

3. Financial Assurances:

a. The Judicial Department requires assurances that a Respondent will be financially stable. The Respondent should submit an audited financial statement for its most recently closed fiscal year and for the immediately preceding two fiscal years. If audited financial statements are not available, the Respondent may submit financial statements reviewed by a Certified Public Accountant (CPA). Lacking either audited or reviewed financials; the Respondent may submit annual balance sheets and income statements prepared by a CPA. SCAO 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 SCAO. 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 RDQ.

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

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

4. Experience and Past Performance:

a. Describe your experience in providing services of the nature described herein to courts and/or criminal justice agencies in the past three years. List the major clients served, and dates of service. (The District agrees to treat this list as confidential and will not call any client external to the Colorado state government until first discussing it with you).

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

c. Provide relevant information regarding a minimum of five individuals, organizations or other groups that will serve as references for the organization submitting the response.

If the reference is from an organization, please list a contact person. Do not list SCAO team or staff members.

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5. Interviewing: Provide a description of procedures for interviewing participants and placing in appropriate jobs.

6. Fee Structure: Describe the process for fee collection, and for accommodating indigent participants.

7. Data Methods:

a. Provide a summary describing methods to be used to protect all participant/client confidential information. This information will become an exhibit to any contract resulting from the solicitation award.

b. Provide a description of procedures for collecting and transmitting required data to the

Probation Department.

8. Exceptions to Agreement: Note any exceptions to the Sample Agreement documented included as Attachment D.

I. Evaluation Criteria:

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

SCAO reserves the right to consider other factors, not named here, in making its decision.

1. Adherence to Respondent Response Format/Required Information

2. Organization and Resources including Qualifications of the firm and assigned staff

3. Financial Assurances and Stability (evaluated on a pass/fail basis)

4. Past Performance and References

5. Fee collection and sliding scale for indigent probationers

6. Data Collection and Handling of Confidential Information

7. Monitoring and reporting

J. Confidential / Proprietary Information:

Any requested restrictions to the use or inspection of material contained within the Quote must be clearly stated in the Quote itself. Written requests for confidentiality must be submitted by the

Respondent with the Quote. The Respondent must state specifically what elements of the Quote 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 Quote.

Co-mingling of confidential/proprietary and other information is NOT acceptable. Under no circumstances can an entire Quote, or Quote price information be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential/proprietary.

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

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

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K. Opening of Quotes:

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

Judicial Department, State Court Administrator’s Office, 1300 Broadway, Suite 1200 Denver, CO

80203. Respondents may, but need not, be present at the Quote opening. Each Respondent’s name and number of responders will be the only information announced at the Quote opening. If planning on attending, please notify the office of the Problem Solving Court Coordinator by email or telephone, no less than 48 business hours prior to the scheduled opening.

John C. Kane

Purchasing Manager

State Court Administrator’s Office

1300 Broadway, Suite 1200

Denver, CO 80203

(720) 625-5877

Solicitation Number: # - JUD-RDQ-16-12PO-01- USEFUL PUBLIC

SERVICE

L. Evaluation and Award of Quotes:

1. An evaluation committee comprised of SCAO Policy and Procedure Committee and other individuals as deemed appropriate by the 12th Judicial District Probation Department will judge the merit of Quotes received according to the evaluation criteria defined in the RDQ.

The recommendations of the evaluation committee will be forwarded to the Chief

Probation Office for review, documented summarization, and final approval.

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

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

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

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

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

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

7. Contract may be awarded to the Respondent(s) who’s Quote (s), conforming to this RDQ, will be the most advantageous to the 12th Judicial District Probation Department, as determined by the evaluation committee.

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M. Discussion/Site Visits:

After the Quotes have been opened, the evaluation board may in its discretion hold discussions with individual Respondents. The purpose of any such discussions will be to promote understanding of the evaluation board’s requirements and the Respondent’s Quote, and may result in modifications of services offered. No information derived from competing Quotes will be disclosed during such discussions. Any resulting changes to the initial Quote must be submitted and confirmed in writing by the Respondent. In addition, the evaluation board may request a tour of the Respondent’s facility. Such site visits will be at the Respondent’s expense for the entire evaluation board.

N. Cancellation of Request for Documented Quotes:

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

1. The services being procured are no longer required;

2. Funds for the procurement will not be available;

3. The RDQ contained ambiguous or inadequate specifications;

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

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

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

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

O. Award Period / Length of Contract:

This RDQ solicits Quotes for a period of time dictated by the federal grant. The initial contract will cover a period beginning May 27, 2016, and ending April 30, 2017. The Judicial Department, at its sole discretion, may extend any agreement resulting from an award, for up to four (4) additional one (1) year periods.

P. Contract:

The successful Respondent (the “Supplier”) will be required to execute a contract with 12th

Judicial District Probation Department prior to the commencement of any work on the project.

The contract will be in substantially the form attached here to as Attachment D. Modifications may be made to the contract form prior to its execution upon agreement of 12th Judicial District

Probation Department and the Respondent. Additional terms and conditions which are required as a part of the Federal Grant governing the funds used for this service will be added to the

Agreement prior to execution. If agreement on contract terms cannot be reached within ten (10) business days after the award has been made, 12th Judicial District Probation Department reserves the right to withdraw the award, and to select a different supplier or to cancel the RDQ.

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

By submitting a Quote in response to this RDQ, the Respondent acknowledges that

Respondent has read the entire RDQ and agrees to accept its provisions and conditions.

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SECTION III. GENERAL PROVISIONS/CONDITIONS

1. DISCUSSION WITH RESPONDENTS: Discussions may be conducted with apparent responsive Respondents for the purpose of clarification to assure full understanding of the requirements of the solicitation. All solicitations, in the

Judicial Department’s sole judgment, needing clarification, shall be accorded such an opportunity.

2. RESPONDENT QUALIFICATION: Respondents must upon request provide satisfactory evidence of their ability to furnish commodities or services in accordance with the terms and conditions of these specifications. The Judicial

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

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

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

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

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

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

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

Provision, General or Special Condition or Specification deviation in accordance with rules established in the

Colorado Judicial Department Procurement Manual.

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

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

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

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

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

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

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

14. NON-COLLUSION: The Respondent affirms, by signing the Solicitation Information Sheet, that the proposed price has been arrived at independently without collusion, consultation, or communication with any other Respondent or with any competitor; the said proposed price was not disclosed by the Respondent and was not knowingly discussed prior to the submission, directly or indirectly, with any other Respondent or with any competitor; and no attempt was made by the Respondent to influence any other person, partnership, or corporation for the purpose of restricting competition.

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SECTION IV. ATTACHMENTS

Attachment A Solicitation Information Sheet

STATE OF COLORADO JUDICIAL DEPARTMENT

12th Judicial District Probation Department

702 4th Street

Alamosa, Colorado 81101

Confirmation of Offer

The following information is submitted in response to Solicitation #JUD-RDQ-16-12PO-01- USEFUL PUBLIC SERVICE. The below named company is voluntarily submitting this offer and acknowledges that it is consistent with the specifications, terms and conditions, and INCLUDES ACKNOWLEDGMENT OF ALL

MODIFICATIONS POSTED ON THE COLORADO BIDS SYSTEM.

COMPANY NAME*: ______________________________________________________________

ADDRESS: ____________________________________________________________________

CITY: ___________________________________ STATE: ________ ZIP: _______________

DELIVERY DATE: _______________________________________________________________

COMPANY WEB ADDRESS:

SIGNATURE: _________________________________________ DATE: ___________________

Signer Must Be Authorized / Qualified To Bind Respondent

TYPED/PRINTED NAME: ________________________________________________________

TITLE: _______________________________________________________________________

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

E-MAIL ADDRESS: _____________________________________________________________

OFFER MUST BE VALID FOR 90 DAYS

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

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

PLEASE RETURN THIS PAGE WITH SOLICITATION DOCUMENTS

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Attachment B Certificate and Affidavit Regarding Illegal Aliens

A CERTIFICATION – required of all vendors

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

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

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

3. The Vendor shall comply with all reasonable requests made in the course of an investigation under

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

Judicial Department.

B. AFFIDAVIT – required of sole proprietors only

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

___ I am a United States citizen, or

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

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

I understand that this sworn statement is required by law because I am a sole proprietor entering into a contract to perform work for the State of Colorado Judicial Department. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to starting work for the Judicial

Department. I further acknowledge that I will comply with the requirements of §24-76.5-101 et seq., C.R.S., and will produce the required form of identification prior to starting work. I acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under §18-8-503, C.R.S., and it shall constitute a separate criminal offense each time a public benefit is fraudulently received.

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

VENDOR:

(Vendor Full Legal Name) FEIN or Social Security Number

BY: _______________________________________ __________________________

Signature of Authorized Representative Title

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Attachment C. Pricing Information Sheet

If no standard pricing sheet format is provided by the Judicial Department as part of this attachment, the

Offeror may use their own format to provide pricing information. However, this page must still accompany Offeror’s price information.

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

Company Name: ______________________________________

Authorized Signature: ______________________________________ Date: _______________

Typed/Printed Authorizer Name: ________________________________________________

PLEASE RETURN THIS PAGE WITH SOLICITATION DOCUMENTS

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Attachment D. Sample Agreement

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

AGREEMENT FOR SERVICES BY

INDEPENDENT CONTRACTOR

USEFUL PUBLIC SERVICE

This Agreement is made by and between COMPANY NAME (hereinafter “Contractor”), a non-profit organization, whose principal place of business is at Address, and the COLORADO JUDICIAL

DEPARTMENT (hereinafter “Department”) by and through the 12th JUDICIAL DISTRICT

PROBATION DEPARTMENT (hereinafter “Probation”), located at 702 4th Street, Alamosa, Colorado

81101. Contractor and Probation may individually be referred to as “Party” or collectively as “Parties.”

In consideration of their mutual promises and for their mutual benefit, the Probation and Contractor agree as follows:

1. RECITALS AND PURPOSE.

A. Colorado Revised Statutes sections 18-1.3-507, 18-18-432, 19-2-308, and 42-4-1301.4 authorize the establishment of a program of community service and/or useful public service (“UPS

Program”) in each judicial district for persons sentenced to provide UPS for specified offenses and also authorize judicial districts to contract with suitable private entities to operate such UPS

Programs.

B. Probation has a need for a placement service for offenders ordered by the Courts in the 12th

Judicial District to complete “Community Service” or “Useful Public Service”.

C. Pursuant to Probation’s Request for Documented Quotes (“RDQ”) No. JUD-RDQ-16-12PO-01-

USEFUL PUBLIC SERVICE, and current bidding procedures, Probation appropriately has awarded Contractor the opportunity of providing the herein described services to Probation for a period not to exceed five (5) years under a series of one-year contracts.

D. Contractor is able and willing to provide placement services for offenders ordered to complete

“Community Service” or “Useful Public Service.”

E. 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 the services to be provided by Contractor pursuant to this Agreement.

F. The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement.

2. TERM OF THE AGREEMENT. This Agreement shall be effective beginning on the date of contract execution and shall expire DATE.

3. RENEWAL OF THE AGREEMENT. This Agreement may be renewed for four (4) additional period(s) of up to twelve (12) months each, subject to mutual written agreement by the parties. Each party reserves the right to elect not to renew the agreement after expiration of the current term. If either party intends not to renew the Agreement, it shall give notice of such intent at least thirty (30) days prior to expiration of the Agreement.

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4. COMPLETE AGREEMENT; ORDER OF PRECEDENCE. The provisions of this Agreement and its exhibits and attachments constitute the complete agreement 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. In the event of conflicts or inconsistencies between or among this Agreement and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority:

A. This Agreement.

B. Exhibit A – Scope of Work.

C. Exhibit B – The RDQ.

D. Exhibit C – The Quote.

5. DUTIES OF CONTRACTOR. All duties of the Contractor are detailed in the Scope of Work attached as Exhibit A.

6. DUTIES OF PROBATION

A. Probation, through the Chief Probation Officer, shall retain primary authority for the Useful

Public Service Program. In exercising that authority, a representative from Probation may monitor the Contractor’s performance as to the duties and obligations established under this

Agreement. Probation shall have the authority to conduct spot reviews of Contractor’s work, and shall have the authority to perform audits and/or inspections of the Contractor’s records, at any reasonable time, to assure compliance with the requirements under this Agreement.

B. Probation shall advise all probationers referred to Contractor that they will be required to verify their identity, through photo identification, if possible, or other reasonable means, upon first contact with Contractor and upon first contact with any agency to which they are referred for service opportunities.

C. Probation shall maintain all necessary paperwork pertaining to a client’s status, including all court case information (i.e. arrest records, sentencing records, probation terms and conditions, etc.). Information from such records necessary for Contractor to fulfill its obligations hereunder shall be provided to Contractor at the time of assignment of each Offender. All records provided to Contractor shall remain confidential unless Probation notifies Contractor otherwise.

D. Probation’s designated liaison shall meet with the Contractor on an as-needed basis to determine on-going program needs.

E. Probation’s designated liaison shall handle any disagreements or complaints between parties, probation staff and/or offenders.

F. Probation shall assure the Contractor’s access to an internet connection via Probation’s DSL, if the service is provided onsite at the Probation Department.

G. Probation is under no obligation to make a referral or a quota of referrals to Contractor.

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7. PRICING; PAYMENT METHOD

A. Contractor shall be paid directly by each client on the following fee schedule: To be inserted after Solicitation.

B. Contractor shall develop procedures for the collection of fees, which shall include a plan for collection of delinquent fees and for termination of services to any client from whom

Contractor is unable to collect fees. Such procedures shall be provided to Probation for review, and shall be effective upon approval by Probation. Each client shall be provided a written receipt by Contractor at the time of payment of any fees. Contractor understands and agrees that Probation shall not be liable for payment of UPS Program fees for any client.

C. In the event that a client fails to pay the required UPS service fee notwithstanding Contractor’s attempts to collect as required by Contractor’s fee payment procedure, Contractor may terminate the client from its UPS program services and notify Probation of such action.

8. 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. Probation 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 professional standards for the type of work being done.

10. INCOME TAXES. Contractor understands and agrees that Contractor is responsible for 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.

11. 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 or

Probation.

12. WORKERS’ COMPENSATION. No worker’s compensation insurance shall be obtained by

Department or Probation concerning Contractor or the employees of Contractor, if any.

Contractor shall comply with workers’ compensation law concerning Contractor and the employees of Contractor, if any.

13. 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 or Probation.

14. LICENSE. Contractor declares that Contractor has complied with all federal, state and local laws and

Page 17 o f 24 regulations regarding business permits and licenses if any such permits or licenses are required in order to carry out the work to be performed under this Agreement.

15. TERMINATION

A. For Public Interest. Probation is entering into this Agreement for the purpose of carrying out the public policy of the Colorado Judicial Branch. If this Agreement ceases to further such public policy, Probation may terminate this Agreement, in whole or in part, for convenience of

Probation, when the interests of Probation so require. Probation shall give at least 30 days written notice of such termination, specifying the part of the Agreement terminated and when the termination becomes effective. In the event of such termination, Contractor shall incur no further obligations with regard to the terminated work, and shall be compensated for any such work satisfactorily completed up to the effective date of the termination.

B. For Default. Either party may terminate this Agreement upon default by the other party, effective upon receipt or notice or at such 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 respective addresses indicated below:

Contractor 12th Judicial District Probation Dept.

Address 702 4th Street

City, State Zip Alamosa, Colorado 81101

C. For Loss of Funds. In the event that funding for any activity established by the contract is discontinued or decreased by the State of Colorado, the Department may terminate this

Agreement or reduce its scope without penalty effective immediately upon receipt of notice of such termination or reduction. In the event of such termination or reduction, Contractor will be compensated for the value of services actually performed, if any, prior to the effective date of the termination or reduction.

D. Post-termination Requirements. In the event this Agreement expires, will not be renewed, or is terminated for any reason, Contractor shall deliver to Probation all client records and other files relating to the UPS Program within 10 days of the effective date of termination or expiration.

Contractor shall notify all clients supervised by Contractor that as of the effective date of termination or expiration they are to report to their referral source (either the Court or

Probation, as applicable) instead of reporting to Contractor. This provision shall survive the expiration or termination of this Agreement until such time as Contractor has delivered all required records and files.

16. INSURANCE COVERAGE FOR CONTRACTOR:

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.

Page 18 o f 24

ii. Commercial General Liability Insurance written on ISO occurrence form CG 0001 10

93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

1. $1,000,000 each occurrence;

2. $1,000,000 general aggregate;

3. $1,000,000 products and completed operations aggregate; and

4. $50,000 any one fire.

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

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.

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 Probation by certified mail, personal delivery with receipt or email of any such imminent cancellation or non-renewal within seven days after Contractor’s receipt of such notice.

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

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

F. Contractor shall provide certificates showing insurance coverage required by this Agreement to the State within seven business days of the effective date of this Agreement, but in no event later than the commencement of the services or delivery of the goods under this Agreement.

No later than 15 days prior to the expiration date of any such coverage, Contractor shall deliver to the District certificates of insurance evidencing renewals thereof. At any time during the term of this contract, Probation may request in writing, and Contractor shall thereupon within

10 days supply to Probation, evidence satisfactory to Probation of compliance with the provisions of this section.

17. INSURANCE COVERAGE FOR OFFENDERS.

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A. Workers’ Compensation. At no additional cost to either Offenders or the District, Contractor shall purchase and maintain a policy consistent with the provisions of the “Workers’

Compensation Act of Colorado” providing workers’ compensation benefits for Offenders sentenced to participate in UPS who have paid the applicable UPS Program fee, as authorized by C.R.S. section 18-1.3-507(5). Contractor shall provide proof of compliance with this provision within 15 days of the effective date of this Agreement.

B. General Public Liability. At no additional cost to either Offenders or the District, Contractor shall purchase and maintain general public liability insurance for injuries or damage caused by any Offender performing UPS under this Agreement, as authorized by C.R.S. section 18-1.3-

507(3). Such policy shall provide coverage with a minimum limit of not less than the current limit on government liability under the Colorado Governmental Immunity Act, C.R.S. section

24-10-101 et seq. Contractor shall provide proof of compliance with this provision within 15 days of the effective date of this Agreement

18. CONFIDENTIALITY. In the event that Contractor obtains access to any records or files of the

Department 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 the Department. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. INDEMNIFICATION. Contractor shall indemnify, save and hold harmless the Department and

Probation, their 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.

24. VERIFICATION OF LEGAL STATUS. Contractor shall comply with C.R.S. §8-17.5-101 et seq. By signing this Agreement, 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

Page 20 o f 24 employ or contract with an illegal alien to perform work under this Agreement. Contractor shall confirm eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement through participation in either (i) the “E-verify Program,” jointly administered by the Department of Homeland Security and the Social Security Administration or (ii) the “Department Program” administered by the Colorado Department of Labor and Employment

(“DOL”). If Contractor elects to use the Department Program, Contractor must promptly provide copies of its “Notice of Participation” to the Judicial Department and to DOL. Contractor: (i) shall not use the E-verify or Department Program to undertake pre-employment screening of job applicants; (ii) shall notify the subcontractor and the State within 3 days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement; (iii) shall terminate the subcontractor if a subcontractor does not stop employing or contracting with the illegal alien within 3 days of receipt of notice; and (iv) shall comply with reasonable requests made during an investigation,…