Information Technology – Request for Proposal (RFP) Cover Sheet

Solicitation Number:

Title:

Issue Date:

Questions Due: July 10, 2026 by 10:00 a.m. MT

Questions Posted: 2026 by 5:00 p.m. MT

Questions email: bids@weld.gov

Proposal Due Date: , 2026 by MT, Purchasing’s Clock

Proposal Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631

For additional information: bids@weld.gov

Documents Included in this Solicitation Package

RFP Schedules

Schedule A: Solicitation Instructions

Schedule B: Scope of Work

Schedule C: Project Schedule

Schedule D: RFP Response - Criteria

Schedule E: Proposal Form

Schedule F: Insurance

Schedule G: Weld County Contract

Schedule H: Additional Terms & Conditions

RFP Attachments

Attachment 1 – Vendor Response Form

Attachment 2 – RFP Pricing Table

Attachment 3 – Weld County Retirement Tier 1

Attachment 4 - Weld County Retirement Tier 2

Attachment 5 - Weld County Retirement Tier 3

Schedule A - Solicitation Instructions

Purpose/Background

The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, “Weld County”), wishes to purchase the following:

Proposal****s will be received until: at MT (Weld County Purchasing Time Clock).

The submitted Proposal****s will be read over a Microsoft Teams Conference Call on at MT. To join, call the phone number and enter the Conference ID provided below or attend the Proposal opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631.

Proposal Advertisement

You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their Proposals, quotes, proposals, addendums, and awards on this one centralized system.

Proposal Submission

1. PREFERRED: email Proposals to bids@weld.gov If your Proposal exceeds 25MB please upload your Proposal to https://www.bidnetdirect.com . The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire electronic submission, sealed Proposals will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the Proposal due date and time.

2. Emailed Proposal****s must include the following statement on the email: “I hereby waive my right to a sealed Proposal”. An email confirmation will be sent when your Proposal has been received. Please call Purchasing at 970-400-4222 or 970-400-4223 with any questions.

3. Vendors are to submit one (1) electronic copy of the RFP response via email to bids@weld.gov . Subject line shall include:

Additionally, native Excel documents for the Vendor Response Form and the Pricing Table should also be included in your electronic proposal submission as separate files. For proper comparison and evaluation, the County requests that proposals remain formatted as provided in the solicitation.  Submittals received that fail to follow this format may be ruled non-responsive. Proposals received after the submission time will be disqualified.

Introductory Information

1. Proposals shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each Proposal must give the full business address of Proposers and be signed by him with his usual signature. Proposals by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Proposals by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A Proposal by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the Proposal of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Proposers. All corrections or erasures shall be initialed by the person signing the Proposal. All Proposers shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this Proposal as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the Proposal forms shall be suitably filled in. Proposers are required to use the Proposal Forms which are included in this package and on the basis indicated in the Proposal Forms. The Proposal must be filled out completely, in detail, and signed by the Proposer.

2. Late or unsigned Proposals shall not be accepted or considered. It is the responsibility of the Proposer to ensure that the Proposal arrives in the Weld County Purchasing Division on or prior to the time indicated in Schedule A. If vendor chooses to submit hard copy sealed proposal, the proposals received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach Weld County Purchasing Division for the premature opening of a Proposal not properly addressed and identified. Proposals may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing Proposer prior to the time fixed for award. Negligence on the part of a Proposer in preparing the Proposal confers no right for the withdrawal of the Proposal after it has been awarded. Proposers are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the Proposers’ risk.

3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County Proposers in all cases where said Proposals are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting Proposals for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all Proposals, to waive any informality in the Proposals, to award the Proposal to multiple vendors, and to accept the Proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The Proposal(s) may be awarded to more than one vendor.

4. In submitting the Proposal, the Proposer agrees that the signed Proposal submitted, all of the documents of the Invitation for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the Proposal by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners.

5. Weld County shall retain the RFP, and all related terms and conditions, Appendices and other attachments, in original form in an archival copy. Any modification of these, in the vendor’s submission, is grounds for immediate disqualification.

Cooperative Purchasing

Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of Proposal and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms.

Schedule B - Scope of Work

Project Overview

Weld County is seeking Proposal****s for a vendor to provide .

Method of Procurement

Best Value: Best Value refers to a project procurement method where price and other key factors, such as quality and expertise, are considered in the evaluation and selection process. Best Value is typically achieved through an RFQ or RFP process.

Pricing Method

Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not-to-exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs.

Project Scope

Weld County Government is seeking qualified vendors to provide a cloud-hosted Retirement Plan Tracking Software solution to support the administration of the Weld County Retirement Plan. The Weld County Retirement Plan is governed by the Weld County Retirement Board. Plan information, Board details, actuarial valuation reports, and general employee retirement benefit information are available on the County’s website, including: https://www.weld.gov/Government/County-Information/Join-Our-Team/Employee-Benefits/Retirement.

The Retirement Plan currently serves the following membership population:

Active employees: 1,720

Deferred vested members: 212

Retirees and beneficiaries: 798

The Plan includes three benefit tiers (see attachments to RFP):

Tier 1: Employees hired from January 1, 1969 through June 16, 2003

Tier 2: Employees hired from June 17, 2003 through December 31, 2009

Tier 3: Employees hired January 1, 2010 and later

By the end of 2026, Weld County will consolidate its plan structure from three tiers to two. Tier 1 will be maintained as a “Legacy Plan,” while Tiers 2 and 3 will be merged into a single tier with an updated benefit calculation. Formal documentation of the revised plan provisions is expected to be completed in late 2026.

Optional forms of benefit payments currently include:

Standard form of payment

100% Joint and Survivor Benefit

50% Joint and Survivor Benefit

Life and Term Certain Benefit (5, 10, or 15 years)

Single Life Benefit

Weld County intends to implement the new Retirement Plan Tracking Software by January 1, 2027. The selected vendor must be able to support the existing plan tiers and associated calculations, as well as accommodate the upcoming tier consolidation and new benefit structure once finalized. The County is issuing this RFP in advance of final plan documentation to allow sufficient time for solution design, configuration, testing, data migration, and implementation.

Other helpful information:

Weld uses Workday Financials as our current HRIS/payroll system, which supplies employee data to Weld’s current retirement system. At minimum, data needs to be run twice a month via file feed in line with pay periods. If an API integration with Workday Financials is the same cost, and offers more real time updates, we have that ability.

Weld’s current retirement system DB = 2GB, 291 Tables, No BLOBS. The Largest Row Count Table = calcpayr, 1,773,898.

Current Contributing Employees = roughly 1,700

Retired or Beneficiaries Withdrawing = roughly 825

Non-Vested Employees = 143

Deferred Vested Employees = 215

There are no scanned documents in Weld’s current retirement system. Weld is seeking vendor recommendations for best practices on storage options. Weld uses AppXtender for other document storage across the county.

Existing coding rules and calculation logic may also be available from the current vendor and will be shared with the implementation team if available.

Because the future merged plan design has not yet been finalized, detailed calculation rules for that plan will be developed and refined during the design phase in collaboration with Weld County new vendor and the County's actuarial consultant GRS.

GRS will support the transition effort by reviewing and validating benefit calculations, providing actuarial factors and assumptions as needed, and assisting with resolution of calculation-related questions. User Acceptance Testing will include validation of configured calculations against approved plan provisions and actuarial guidance provided by GRS.

Weld is seeking vendor options on what is possible for displaying data. Giving an employee insight into both the County pension details and their Principal 401K/457 details would be nice to have. A URL link to the 401K/457 site would be helpful. If proposing an integrated solution, please separate costs as optional.

All three retirement tiers must be reviewed to confirm that early retirement reduction factors are coded correctly. The system must also be verified to ensure IRC Section 415 benefit limits are current and properly applied. Employees who are term-vested but have since returned in a part-time capacity must not have additional service years credited toward their retirement benefit. Projected future salaries must be calculated accurately for both semi-monthly and monthly paid employees. Finally, the Rule of 80 and Rule of 75 eligibility requirements must be correctly coded, ensuring that terminated employees can continue to grow into the Rule of 80 after separation, while the Rule of 75 requires the employee to be actively employed at age 55 to qualify.

Weld’s Primary Retirement Database

Weld’s current system is the main system of record for all member types, including active, terminated, term-vested, and retired members. It stores the following information:

• Compensation history
• Contribution history
• Beneficiary and spouse details
• Tier assignments
• Hire and termination dates
• Military and disability leave
• Lump-sum payouts
• Old benefit estimates
• Retiree date of death

ApplicationXtender (Document Imaging Repository)

AppXtender serves as the County’s document storage system and contains scanned records not captured in Weld’s current system. These include:

• Signed retirement payment documents and applications
• Bank and direct deposit information
• COLA letters
• Death certificates
• QDRO documents
• W-2s and state tax forms
• Documentation for retirees receiving joint and survivor benefits

Key considerations:

Survivor records (for those receiving spousal payments) exist only in AppXtender. Survivor dates of death are stored exclusively in AppXtender. We want survivor information in the new system.

Paper Records Not Yet Digitized

Files for term-vested members have not been scanned into AppXtender and still exist only in paper format. These will need to be accounted for during the migration effort.

Weld County is not aware of any required data clean up for migration.

Weld County is looking for a system that can support the full lifecycle of retirement-related forms and documents, both before and after a member retires. Currently, Wel****d produces the final retirement estimate and calculation, which staff then manually add to an internal application. Weld County would like the new system to streamline this process by generating the final estimate and calculation directly within the system, ideally with the ability to support electronic signatures to reduce paper handling and manual steps.

Beyond the final estimate, Weld County would like the system to house and manage all retirement-related forms in a centralized location, including but not limited to the retirement checklist, beneficiary designation forms, spousal beneficiary forms, and any other documents relevant to the pre- and post-retirement process. The goal is for employees to be able to easily access these forms as they approach and through retirement.

Weld County would also like the new system to have the ability to feed retiree banking information directly to US Bank in order to establish retirees as vendors for payment processing. This would eliminate manual data entry and reduce the risk of errors in setting up direct deposit and payment disbursements.

The system should also provide a centralized location to store and maintain up-to-date member contact information, including email addresses and phone numbers, to ensure accurate and timely communication with both active and retired members.

Additionally, Weld County would like the system to support Verifications of Income (VOIs), providing a dedicated area where staff can process and manage these requests efficiently.

The system should also have the capability to house and distribute annual member statements, providing both active and retired members with easy access to their yearly retirement account information. Ideally this would be accessible directly through the member portal, reducing the need for staff to manually distribute statements and ensuring members always have access to their most current information.

Weld County would like retired members to retain access to the member portal after their retirement date, allowing retirees to view their information, access documents, and reference relevant retirement materials without needing to contact County staff directly, improving the overall member experience and reducing administrative burden.

Currently, Weld County runs payroll through Workday. Following each payroll cycle, contribution data is manually uploaded into Weld’s current system. Weld County would like the new system to establish an automated integration with Workday so that contributions are posted directly to the retirement system following each payroll run, eliminating the need for manual uploads.

On the outbound side, Weld County would like the new system to integrate with US Bank's pensioner payment portal so that any benefit changes made within the retirement system are automatically transmitted to US Bank. This would include cost of living adjustments (COLAs), Variable Benefit Updates (VBUs), death notifications and stop payments, and the switching of payments from a deceased retiree to a surviving beneficiary under a joint and survivor election.

An automated feed from the retirement system to US Bank would significantly reduce processing time, minimize the risk of overpayments or missed payments, and improve the overall accuracy and timeliness of benefit disbursements.

Weld County’s IT Environment

Weld County’s overall IT environment is set-up as follows. The following is a high-level description of our current technology environment:

1. Current Environment:

2. Primarily Virtual Servers

3. Cisco network infrastructure and Fiber backbone connecting County buildings; fiber with some point-to-point wireless links connecting our County campuses (Greeley, Fort Lupton, Longmont)

4. Multiple image capturing systems

5. On premise block and file storage availability in SAN and NAS capacity

6. Current Versions/Technologies:

Weld County supports current versions of the following technologies.  Solutions which rely upon software or hardware that has exceeded or will exceed EOS or EOSL in the next 24 months will not be considered.

Table 1 - Technology & Type (updated 05-01-2025)

Technical Specifications

Technical specifications for requested are contained within the “Vendor Response Form (Attachment 1)”. Vendors should fill out the “Attachment 1 - Vendor Response Form” in its entirety and return with their Proposal submission.

The “Attachment 1 - Vendor Response Form” contains 5 worksheets:

1. Functional
2. Technical
3. Security
4. Narrative Questions
5. Additional Documents

Note: Requirements in the “Vendor Response Form” that are categorized as “Must Have” (“M”) must have a corresponding “Response Code” entered (see “Vendor Response Form” for details). If a “Response Code” is missing or marked as “Not Supported” for any “Must Have” requirement, the vendor’s submission may be disqualified.

Schedule C - Project Schedule

Schedule

The schedule for this RFP may change in accordance with the organization’s needs or unforeseen circumstances. Changes will be communicated by e-mail to those vendors participating in this RFP.

Below is the anticipated solicitation schedule for this project:

Issuance of this RFP

Technical Questions/Inquires Deadline at 10:00 a.m. MT

Questions Answered via Addendum

RFP Submission/Response Deadline by MT

Demos / Interviews

Final Award Notification

Contract Negotiations Complete

Implementation Start Date

Implementation Complete Date

Schedule D – RFP Response Criteria

RFP Response Submittal

Weld County is seeking the proposer with the best value for the County. To aid in the determination, contractor shall address the following items in the RFP response submittal.

In responding to this RFP, the vendor accepts full responsibility to understand the RFP in its entirety, and in detail, including making any inquiries to Weld County as necessary to gain such understanding. Furthermore, the vendor is responsible for understanding Weld County’s infrastructure and systems in which their software may be used. Weld County reserves the right to disqualify any vendor who demonstrates less than such understanding. Further, Weld County reserves the right to determine, at its sole discretion, whether the vendor has demonstrated such understanding. That right extends to cancellation of award, if award has been made. Such disqualification and/or cancellation shall be at no fault, cost, or liability whatsoever to Weld County.

Proposal Responses

This request is to provide a Proposal. In addition, any alternate solutions that meet or exceed the outlined minimum requirements should be submitted for consideration. Weld County is interested in any and all details of other innovative and original ideas above and beyond those discussed in this Request for Proposal.

Proposal responses will be retained as property of Weld County.

All or a portion of the contents of the proposal of the successful vendor will become part of any subsequent contractual obligation.

Proposals should contain a manual signature of an authorized representative of the responding vendor(s).

Vendors responding to this RFP must be available for demos and/or interviews. The Selection Committee will evaluate each vendor’s written response to the RFP and determine a short-list of vendors to move forward to the demo/interview stage. The top ranked vendors will be notified of their demo/interview time with the Selection Committee. The project manager and key individuals working on the project should be the present.

Proposal Format

Interested Vendors shall submit response****s that clearly demonstrate their ability to provide the solution as outlined in the Request for Proposals (RFP). Vendor submittals shall be organized in the order listed below to facilitate fair and equal evaluation of the responses. If responses do not follow the format below, your response may be ruled non-responsive.

Every vendor should submit their RFP Response in the format outlined below. For the electronic response, separate each section with a section header page. Any hardcopy responses shall separate each section behind a tab divider and include the following formatting:

1. Cover Letter
   Be sure to include the RFP # and .

2. Table of Contents

3. RFP Pricing Table

4. Submit pricing via “Attachment 2 – RFP Pricing Table” of this RFP.

Note: Weld County is tax exempt, and no taxes should be included with your proposal.

1. Response to all requirements that are included in “Attachment 1 – Vendor Response Form”.** Be aware that there are multiple tabs in “Attachment 1 – Vendor Response Form” spreadsheet and multiple additional documents are requested which will need to be attached to the end of the vendor’s RFP proposal**.Note****: Excel spreadsheets should also be submitted/attached to your RFP Proposal in native Excel format.

Vendors are advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA) C.R.S. §24-72-201, et seq.

Withdrawals of Proposals

Proposals may be withdrawn upon written request to Purchasing Manager and approval of the Weld County Chief Information Officer; said request being received from the withdrawing vendor prior to the time fixed for award. Negligence on the part of a vendor in preparing the proposal confers no right for the withdrawal of the proposal after it has been awarded.

Expectations of Vendor Proposals

Vendors are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the vendor’s risk.

Vendors shall not condition their proposals on any change to any provision included in this RFP. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected.

Late or unsigned proposals may not be accepted or considered. It is the responsibility of the vendor to ensure that their proposal arrives in the Weld County Purchasing Division on or prior to the Submission Deadline for RFP Responses in Schedule C – Project Schedule.

When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs.

Criteria for Selection

The evaluation of each response to this RFP will be based on its demonstrated competence, compliance, format, and organization. The purpose of this RFP is to identify those vendors that have the interest, capability, and financial strength to supply Weld County with as identified in this RFP.

A Selection Committee will evaluate all qualified proposals. All requirements in this RFP should be satisfied to ensure that the proposal will qualify for consideration. It is the intent of the County to award a contract for the requested based on an evaluation of all qualified proposals.

All qualified proposals will be evaluated according to the criteria listed below. The first round of evaluation is to identify a short-list of vendors who will then be invited to do a virtual or an onsite demo for Weld County. The second round of evaluation will be only of those solutions proposed by the short-list of vendors and this evaluation will be used to determine the final product selection.

First round of evaluation (Vendor Short-List Phase): The responses to this Request for Proposal will be reviewed by a Selection Committee, based on the weighted criteria below, and will be used to determine a short-list of vendors that will continue with this RFP process. Qualified proposals will be evaluated on the following weighted criteria:

Table 2 – Round 1 - Weighted Evaluation Criteria

All respondents must initially represent themselves solely by their written submittal. The responses to this Request for Proposal will be reviewed by a Selection Committee. Based upon the Selection Committee’s findings, demos and/or interviews may be conducted with a short-list of vendors who have submitted qualifying proposals.

In the event that Weld County receives proposals that recommend the same manufacturer’s solution, and that solution receives high scores in the first round of evaluation, Weld County may choose to interview those particular value-added resellers to determine the best qualified vendor(s). During this interview, the vendors will be evaluated in-depth on the “Vendor Qualifications & Technical Support” criteria listed above.

Second round of evaluation (Vendor Selection Phase): Qualified proposals from the short-list of vendors will be evaluated on the following weighted criteria for final solution selection:

Table 3 – Round 2 - Weighted Evaluation Criteria

Note: Scores from the two rounds (phases) of evaluation are not combined. Only the scores from the second phase of evaluation determines which vendor (and solution) is selected by Weld County.

Selection and Notification

Weld County reserves the right to accept or reject any and all proposals, to waive any informalities or minor irregularities in proposals, and to accept the proposal deemed, in the opinion of Weld County, to be in the best interest of Weld County.

Weld County is not required to select the proposal with the lowest pricing but will take into consideration which vendor demonstrates the best ability to satisfy the requirements outlined in the RFP, the ability to service the contract, past experience, financial stability, and other relevant criteria.

When deemed to be in the best interest of the County, the Weld County Chief Financial Officer, Purchasing Manager, or Chief Information Officer (CIO) may request a Best and Final Offer (BAFO) as a part of any Formal Purchase. Any request for a BAFO should be made following all pertinent discussions, questions, and all addendums made to clarify full understanding of, and responsiveness to, the solicitation requirements. If a request for BAFO pricing is made, the request may be sent to the short-list of vendors who have submitted the most qualified proposals. All vendors from which a BAFO has been requested shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. All pricing and information shall remain confidential until the successful proposal is accepted by the Board of County Commissioners.

Best and Final offers shall be requested, in writing, via email. The request shall include:

1. Notice that this is an opportunity to submit a Best and Final Offer.
2. A due date for submission of the Best and Final Offer.

After receipt and analysis of final pricing, proposals shall be evaluated by the Selection Committee. The Selection Committee will determine the top-ranked vendor proposals. Upon this determination, Weld County may contact the top-ranked vendors to obtain proof of financial stability prior to recommendation of any vendor proposal to the Chief Information Officer (CIO). If the top-ranked vendor cannot prove financial stability, the vendor may be disqualified, and Weld County will then reach out to additional top-ranked vendors with the next best proposal for financial information.

After the Selection Committee has received vendor financial information (if requested) and determined that the vendor is financially stable, they will present their recommendation to the Chief Information Officer (CIO). The CIO will then present the recommendation to the Weld County Board of Commissioners. The Commissioners will make the final decision. Written notification will be sent to the winning vendor via email.

Please note: Weld County is a public entity and must comply with the provisions of C.R.S. 24-72-201, et seq_._  Confidential commercial or financial data may or may not be subject to inspection subject to C.R.S. 24-72-204.

Schedule E - Proposal Form

Proposal Submittal Instructions

The following items must be completed and submitted with your Proposal on or before the Proposal deadline of at MT:

1. Vendor’s Proposal – Outlined in Schedule D, which includes:

   1. Attachment 2 – RFP Pricing Table (also submit as native Excel file)
   2. Attachment 1 – Vendor Response Form (also submit as native Excel file)
   3. All other documents as requested in Attachment 1 – Vendor Response Form

2. Schedule E – Proposal Form

3. Any potential or future Addenda must be completed/acknowledged.

A current W9 is required for awarded Proposers. If you have previously worked with Weld County, only provide your W9 if there has been a change.

Failure to include any of the above items upon submittal of your Proposal may result in your Proposal being incomplete, non-responsive, and your Proposal being rejected. If there are any exclusions or contingencies submitted with your Proposal, it may be disqualified.

Fees

All Vendors must fill out and submit the cost breakdown in “Attachment 2 – RFP Pricing Table” for the implementation of their solution for Weld County’s project as described in this RFP. Fee submittal shall be in Excel source document format.

The vendor must agree to keep these prices valid for six months past the Submission Deadline for RFP Responses

Note: Weld County is tax exempt, and no taxes should be included in your proposal.

Attestation

The undersigned, by his or her signature, hereby acknowledges and represents that:

1. The Proposal proposed herein meets all the conditions, specifications and special provisions set forth in the Request for Proposal # .
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes.
3. He or she is authorized to bind the below-named Proposer for the amount shown on the accompanying Proposal sheets.
4. Acknowledgement of Schedule F – Insurance
5. Acknowledgment of Schedule G – Weld County Contract
6. By submitting a responsive Proposal or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County.
7. Weld County reserves the right to reject any and all Proposals, to waive any informality in the Proposals, and to accept the Proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The Proposal(s) may be awarded to more than one vendor.

CONTRACTOR:

By: ____________________________ ______________

Date of Signature

Name: __________________________

Title: ___________________________

Schedule F – Insurance

Insurance

1. The Contractor shall furnish a certificate of insurance for commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability upon notification of award and prior to performance. Work shall not commence under this Agreement/Contract until the Contractor has submitted to the County, and received approval thereof, the certificate of insurance showing compliance with the following types and coverage of insurance.

2. Commercial General Liability Insurance: to include products liability, completed operations, contractual, broad form property damage, and personal injury.

Each Occurrence $1,000,000

General Aggregate $2,000,000

1. Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased, or borrowed.

Bodily Injury/Property Damage $1,000,000 (each accident) Personal Injury Protection Per Colorado Statutes

1. Workers' Compensation Insurance: Per Colorado Statutes

2. Professional Liability Insurance*: to include coverage for damages or claims for damages arising out of the rendering, or failure to render, any professional services.

Each Occurrence $1,000,000

*This insurance requirement applies only to Contractors who are performing services under this Agreement as professionals licensed under the laws of the State of Colorado, such as physicians, lawyers, engineers, nurses, mental health providers, and any other licensed professionals.

1. Crime Coverage: Coverage shall include employee dishonesty, forgery or alteration and computer fraud. If Contractor is physically located on Weld County’s premises, third party fidelity coverage extension shall apply. The policy shall include coverage for all directors, officers, agents and employees of the Contractor.

   1. The bond or policy shall include coverage for extended theft and mysterious disappearance.
   2. The bond or policy shall not contain a condition requiring an arrest and conviction.

Limits:

Per Loss $ $1,000,000

1. The Contractor's commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability insurance policies and/or certificates of insurance shall be issued to include Weld County Government as an "additional insured" and shall include the following provisions:

2. Underwriters shall have no right of recovery or subrogation against the County, it being the intent of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses resulting from the actions or negligence of the Contractor.

3. The insurance companies issuing the policy or policies shall have no response against the County for payment of any premiums due or for any assessments under any form of any policy.

4. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor.

5. If any of the said policies shall be or at any time become unsatisfactory to the County as to form or substance, or if a company issuing any such policy shall be or at any time becomes unsatisfactory to the County, the Contractor shall promptly obtain a new policy, submit the same to the Purchasing Division of Weld County for approval, and thereafter submit a certificate of insurance as herein provided.

6. Upon failure of the Contractor to furnish, deliver, and maintain such insurance as provided herein, this Agreement/Contract, at the election of the County, may be immediately declared suspended, discontinued, or terminated.

7. Failure of the Contractor to obtain and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement/Contract, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning indemnification.

8. Contractor shall provide copies insurance coverage policies to the County department maintaining contract administration duties. These include initial policy, updated/changes to coverage, extensions, renewals, etc.

9. If the Contractor is a Joint Venture, then the respective parties thereto are each individually held fully responsible for completion of the project according to the terms of this Agreement. The parties thereto also have joint and several liabilities to the County for any liquidated damages assessed or for performance bond claims against the Joint Venture. The performance bond and all insurance required by this Agreement shall set forth the identity of each party to the Joint Venture.

Insurance Mailing Information

Certificates of Insurance, endorsements and/or bonds shall be provided to the County via electronic correspondence or mail using the information below:

Project Manager:

Email:

Telephone: (970) 400-2500

Mail:

Weld County Information Technology

ATTN:

PO Box 758

Greeley, CO 80632

Schedule G - Weld County Contract

Contractual Obligations

1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule G of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution.

2. Issuance of this solicitation does not commit the County to award any agreement or to procure.

3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee.

4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non-appropriation, and termination.

5. Contractor’s Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project-by-project basis that provide further clarification.

Weld County Standard Contract

Below is the standard Weld County Contract for Professional Services.

Professional Services Agreement Between Weld County and [Contractor]

THIS AGREEMENT is made and entered into this ___ day of ____________, 202_, by and between the Board of Weld County Commissioners, on behalf of [Department], hereinafter referred to as “County,” and [Contractor], hereinafter referred to as “Contractor”.

WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and

WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and

WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below.

, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:

1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor’s willingness and ability to meet those requirements (the “Work”). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment.

Exhibit A consists of County’s Invitation for Bid (IFB) or Request for Proposal (RFP) as set forth in Bid Package No. B_________.

Exhibit B consists of Contractor’s Response to County’s Request.

1. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County’s decision to withhold payment or to terminate this Agreement.

2. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor’s completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties.

3. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked “DRAFT-INCOMPLETE.” If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated

4. pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered.

5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties, and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative.

6. Compensation. Upon Contractor’s successful completion of the Work, and County’s acceptance of the same, County agrees to pay Contractor an amount not to exceed $ _____ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).

7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor’s officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers’ compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement Any provisions in this Contract that may appear to give the County the right to direct contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract.

8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors.

9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records, and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County.

10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non-confidential information, clearly denoting in red on the relevant document at the top the word, “CONFIDENTIAL.” However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County’s confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement.

11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs.

12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County’s action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County’s rights under this Agreement or under the law generally.

13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor’s insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an “A.M. Best” rating of not less than A-VII. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

Required Types of Insurance

Workers’ Compensat****ion and Employer's Liability Insurance as required by state statute, covering all of the Contractor’s employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers’ Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form.

Minimum Limits:

Coverage A (Workers' Compensation) Statutory

Coverage B (Employers Liability) $ 100,000

$ 100,000

$ 500,000

Commercial General Liabilit****y Insurance - Occurrence Form

Policy shall include bodily injury, property damage, liability assumed under an Insured Contract. The policy shall be endorsed to include the following additional insured language: "Weld County, its subsidiary, parent, elected officials, employees, associated and/or affiliated entities, successors, or assigns, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor."

Such policy shall include Minimum Limits as follows:

General Aggregate $ 1,000,000

Products/Completed Operations Aggregate $ 1,000,000

Each Occurrence Limit $ 1,000,000

Personal/Advertising Injury $ 1,000,000

Automobile Liabilit****y Insurance

Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

Such policy shall maintain Minimum Limits as follows:

Bodily Injury/Property Damage (Each Accident) $ 1,000,000

Professional Liability (Errors and Omissions Liability)

The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

Minimum Limits:

Per Loss $ 1,000,000

Aggregate $ 2,000,000

14. Proo****f o****f Insurance**.** Upon County’s request, Contractor shall provide to County, for examination, a policy, endorsement, or other proof of insurance as determined in County’s sole discretion. Provided information for examination shall be considered confidential, and as such, shall be deemed not subject to Colorado Open Records Act (CORA) disclosure.

All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis.

The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises.

The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the Certificate of Insurance for the Commercial General Liability coverage and for the Automobile Liability coverage, "Weld County, its successors or assigns; its elected officials, employees, agents, affiliated entities, and volunteers as Additional Insureds” with respect to liability arising out of the activities performed by or on behalf of the Contractor”.

On insurance policies where Weld County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract.

Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract.

All certificates and any required endorsement(s) shall be sent directly to the County Department Representative’s Name and Address. The project/contract number and project description shall be noted on the Certificate of Insurance. The County reserves the right to require complete, certified copies of all insurance policies required by this Agreement at any time, and such shall also be deemed confidential.

Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney’s Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action.

15. Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County.

The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force.

Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project.

Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non-renewal, suspension, voided, or material changes to policies required under this Agreement. On all other policies, it is the Contractor’s responsibility to give the County 30 days’ notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer’s notification to that effect.

The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement.

Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award.

16. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor’s policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County.

17. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement.

18. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies.

19. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery.

20. Indemnity. The Contractor shall indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against any and all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs, (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused in whole or in part by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement.

A failure of Contractor to comply with these indemnification provisions shall result in County’s right but not the obligation to terminate this Agreement or to pursue any other lawful remedy.

1. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County.

2. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received.

3. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions.

4. Notices. County may designate, prior to commencement of Work, its project representative (“County Representative”) who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances:

5. personal service by a reputable courier service requiring signature for receipt; or

6. five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or

7. electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or

Either party may change its notice address(es) by written notice to the other. Notice may be sent to:

TO CONTRACTOR:

Name: _______________________________

Position: _______________________________

Address: _______________________________

Address: _______________________________

E-mail: _______________________________

Phone: _______________________________

TO COUNTY:

Name: _______________________________

Position: _______________________________

Address: _______________________________

Address: _______________________________

E-mail: _______________________________

Phone: _______________________________

1. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices.

2. Non-Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature.

3. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties.

4. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year.

5. Employee Financial Interest/Conflict of Interest – C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement.

6. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination.

7. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties.

8. Non-Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other immunities, rights, benefits, and protections, provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as from time to time amended, or otherwise available to the County, its subsidiary, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, agents, and volunteers.

9. No Third-Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only.

10. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee.

11. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.

36. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)), nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law, including employment verification requirements contained within state or federal grants or awards funding public contracts.

Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation.

If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 

37. Attorney’s Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf.

38. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void.

Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement.

CONTRACTOR:

______________________________

By: ________________________ ______________________________

Name: ______________________ Date of Signature

Title: ________________________

_____________________________________________________________________

WELD COUNTY:

ATTEST: BOARD OF COUNTY COMMISSIONERS

Weld County Clerk to the Board WELD COUNTY, COLORADO

BY: __________________________ ____________

Deputy Clerk to the Board Chair

Schedule H – Additional Terms & Conditions

1. Non-Disclosure Agreement

Weld County reserves the right to require any vendor to enter into a non-disclosure agreement.

1. Costs

The RFP does not obligate Weld County to pay for any costs, of any kind whatsoever, which may be incurred by a vendor or any third parties, in connection with the Response to this RFP. All Responses and supporting documentation shall become the property of Weld County, subject to claims of confidentiality in respect of the Response and supporting documentation.

1. Intellectual Property

The vendor should not use any intellectual property of Weld County including, but not limited to, all logos, registered trademarks, or trade names of Weld County, at any time without the prior written approval of Weld County, as appropriate.

1. Vendor’s Responses

This Request for Proposal, submitted documents/proposals, and any negotiations, when properly accepted by Weld County, shall constitute a contract equally binding between the vendor and County. Any and all verbal communications and/or commitments made during the negotiation process that are deemed agreeable to both parties shall be submitted in written format and made part of any resulting contract. No different or additional terms shall become a part of this contract with the exception of an Amendment.

Any vendor which submits in its proposal to the County any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, may be disqualified from consideration.

All accepted Responses shall become the property of Weld County and will not be returned.

Confidential financial information of the vendor should be transmitted separately from the main RFP submittal, clearly denoting in red on the financial information at the top of the page the word, “CONFIDENTIAL”. Vendors are advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents.

1. Governing La****w

This RFP and the Vendor’s Response shall be governed by United States federal laws, Colorado state laws, and the Weld County Home Rule Charter. The successful vendor shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished.

Successful Vendor Hiring Practices of Illegal Aliens - Successful vendor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under the subsequent contract.  Successful vendor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under the subsequent Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c).  Successful vendor shall not knowingly employ or contract with an illegal alien to perform work under the subsequent Agreement or enter into a contract with a subcontractor that fails to certify with Successful vendor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the subsequent Agreement. Successful vendor shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while the subsequent Agreement is being performed.  If Successful vendor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful vendor shall notify the subcontractor and County within three (3) days that Successful vendor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice.  Successful vendor shall not terminate the subsequent contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.  Successful vendor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful vendor participates in the State of Colorado program, Successful vendor shall, within twenty days after hiring a new employee to perform work under the subsequent contract, affirm that Successful vendor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees.  Successful vendor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful vendor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate the subsequent Agreement for breach, and if so terminated, Successful vendor shall be liable for actual and consequential damages. 

Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful vendor receives federal or state funds under the subsequent contract, Successful vendor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the subsequent contract.  If Successful vendor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.

1. Disadvantaged Business Enterprises

Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit Proposals in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award.

1. Procurement and Performance

The successful vendor agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful vendor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements outlined in the RFP within the time limits prescribed by County may result in County’s decision to withhold payment or to terminate this Agreement.

1. Termination

County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement.

1. Warranty

The successful vendor warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful vendor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor’s workmanship or performance. The vendor warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful vendor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests.

1. Taxes

County will not withhold any taxes from monies paid to the successful vendor hereunder and the successful vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County.

1. No Liability

Weld County shall not be liable to any vendor, person, or entity for any losses, expenses, costs, claims, or damages of any kind:

• Arising out of, by reason of, or attributable to, the vendor responding to this RFP; or
• As a result of the use of any information, error, or omission contained in this RFP document or provided during the RFP process.

1. Entire RFP

This RFP, any addendum to it, and any attached Appendices, constitute the entire RFP.