2025.451 RFP NUTRITIONAL FOOD SERVICES.pdf

Adams County Finance Department Purchasing Division

4430 South Adams County Parkway Brighton, Colorado 80601

REQUEST FOR PROPOSAL

COVER SHEET

RFP Issue Date: April 3, 2025

RFP Number: RFP-MR-2025.451

RFP Title: NUTRITION FOOD SERVICES

RFP Questions Due: April 11, 2025 2:00 PM MT

Proposal will be received until: May 1, 2025 5:00 PM MT

Proposals will be received at: https://www.bidnetdirect.com/colorado/adams-county

For additional information please contact: Michele Riggin Contract Specialist I 720-523-6272 Email Address: MRiggin@adcogov.org

Documents included in this package: Proposal Instructions

General Terms and Conditions

Scope of Work (SOW)/ Specifications

Pricing Form

Submission Check List

Contractor’s Statement

Reference Form

Term of Acceptance Form

Appendix A – Fee Schedule

Appendix A – Sample Agreement https://www.bidnetdirect.com/colorado/adams-county

4430 South Adams County Parkway Brighton, Colorado 80601

PROPOSAL INSTRUCTIONS

1. The Adams County Board of County Commissioners, by and through its Purchasing Division of the Finance Department is accepting proposals for the Nutrition Food Services Program for Adams County Head Start Department.

2. SUBMISSION OF PROPOSALS: The proposal must be received before the due date and time as specified in this solicitation. Adams County will only accept electronic submittals. Proposals can be submitted at https://www.bidnetdirect.com/colorado/adams-county.

3. All documents related to this RFP will be posted on the Bidnet System at:

3.1. Interested parties must register with this service to receive these documents.

4. TERM OF AGREEMENT: This is a one-year agreement with the option of four (4) one-year renewals.

4.1. OPTION TO RENEW FOR (4) SUBSEQUENT YEARS (MAINTAINING SAME

PRICES): The prices or discounts quoted by the Contractor in its Proposal shall prevail for the term of the Agreement, at which time the County shall have the option to renew the Agreement for four (4) subsequent one year periods, provided, however, that such Contractor will maintain the same prices or discounts that were agreed to in the initial Agreement. Continuation of the Agreement beyond the initial period is a county prerogative and not a right of the Contractor. This prerogative will be exercised only when such continuation is clearly in the best interest of the County and upon budget approval.

5. CONTRACTUAL OBLIGATIONS

5.1. The awarded Firm will be expected to sign the County’s Standard Master Professional Services Agreement, substantially similar to the Agreement form in Appendix A for-reference purposes. The County reserves the right to add or delete provisions to the form prior to the Agreement execution.

5.2. Issuance of this solicitation does not commit the County to award any Agreement or to procure or Agreement for any equipment, materials or services.

5.3. If a formal Agreement is required, the Contractor agrees and understands that a

Notice of Award does not constitute an Agreement or create a property interest of any nature until an Agreement is signed by the Awardee and the Board of County Commissioners and/or their authorized designee.

5.4. Contractor is responsible for reviewing the form Agreement and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, equal opportunity, non-appropriation, and termination.

5.5. Contractor’s Response must state its willingness to enter into the form Agreement or Contractor shall identify and include any proposed revisions they have for the form Agreement. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. 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.

5.6. Incorrect Pricing/Invoicing. As part of any award resulting from this process, Contractor(s) will discount all transactions as agreed. In the event the County discovers, through its Agreement monitoring process or formal audit process, that material or services were priced/invoiced incorrectly, Contractor(s) agree to promptly refund all overpayments and to pay all reasonable audit expenses incurred as a result of the non-compliance.

5.7. The County may, during the term of the Agreement and any extensions, request additional work at other locations throughout Adams County by the successful Contractor.

6. METHOD OF AWARD - It is the intent of the County to award an Agreement to the

Contractor who provides the best value for Adams County.

6.1. Evaluation criteria, other than costs, are evaluated first. After rating the written Responses, costs are then considered against trade-offs such as satisfaction of requirements in the Solicitation, qualifications and financial condition of the Contractor, risk and incentives.

6.2. If it is in the best interest of the County, the Evaluation Committee may invite a limited number of Contractors to provide an oral presentation.

The County reserves the right to conduct negotiations with Contractors and to accept revisions of Responses. During this negotiation period, the County will not disclose any information derived from Responses submitted, or from discussions with other Contractors. Once an award is made, the Solicitation file and the Responses contained therein are in the public record.

7. Questions which arise during the Response preparation period regarding issues around this Solicitation, purchasing and/or award should be directed, via e-mail, to name and email stated within this solicitation The Contractor submitting the question(s) shall be responsible for ensuring the question(s) is received by the County by the date listed above in the schedule of activities for submitting the question(s) regardless of the method of delivery.

8. Any official interpretation of this RFP must be made by an agent of the County’s Purchasing Division who is authorized to act on behalf of the County. The County shall not be responsible for interpretations offered by employees of the County who are not agents of the County’s Purchasing Division.

9. COOPERATIVE PURCHASING: Adams County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Contractor(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 Adams County in the current term or in any future terms.

10. The Contractor(s) must deal directly with any governmental agency concerning the placement of purchase orders/agreements, freight/delivery charges, Contractual disputes, invoices, and payments. Adams County shall not be liable for any costs or damages incurred by any other entity.

11. BUDGET: Budget will not be disclosed.

12. DEBARMENT: By submitting this proposal, the Contractor warrants and certifies they are eligible to submit a proposal because their company and/or subcontract(s) is/are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a transaction by any Federal, State, or local department or agency.

12.1. The contractor must hold a current and active Unique Identifier Number through Sams.gov. Applicant must submit proof of active registration with proposal submittal. If proof of active registration is not provided- proposal submittal will be deemed not responsive.

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

4430 South Adams County Parkway Brighton, Colorado 80601

GENERAL TERMS AND CONDITIONS

1. APPLICABILITY: These General Terms and Conditions apply, but are not limited, to all bids, proposals, qualifications and quotations (hereinafter referred to as “Proposal” or “Response”) made to Adams County (hereinafter referred to as "County") by all prospective Contractors, Contractors, bidders, firms, companies, publishers, consultants, or suppliers (herein after referred to as “Contractor” or "Contractors") in response, but not limited, to all Invitations to Bid, Requests for Proposals, Requests for Qualifications, and Requests for Quotations (hereinafter referred to as “Solicitation” or “Solicitations”).

2. CONTENTS OF PROPOSAL

2.1. GENERAL CONDITIONS: Contractors are required to submit their Proposals in accordance with the following expressed conditions:

2.1.1. Contractors shall make all investigations necessary to thoroughly inform themselves regarding the plant and facilities affected by the delivery of materials and equipment as required by the conditions of the Solicitation.

No plea of ignorance by the Contractor of conditions that exist or that may hereafter exist will be accepted as the basis for varying the requirements of the County or the compensation to the Contractor.

2.1.2. Contractors are advised that all County Solicitations and Agreements are subject to all requirements contained in the County’s Purchasing Division’s Policies and state and federal statutes. When conflicts occur, the highest authority will prevail.

2.1.3. Contractors are required to state exactly what they intend to furnish to the

County in their Proposal and must indicate any variances to the terms, conditions, and specifications of this Solicitation no matter how slight. If variations are not stated in a Contractor’s Proposal, it shall be construed that the Contractor’s Proposal fully complies with all conditions identified in this Solicitation.

3. Equal Opportunity: The County intends and expects that the Contracting processes of the County and its Contractors provide equal opportunity without regard to gender, race, ethnicity, religion, age or disability and that its Contractors make available equal opportunities to the extent third parties are engaged to provide goods and services to the County as Subcontractors, Contractors, or otherwise. Accordingly, the Contractor shall not discriminate on any of the foregoing grounds in the performance of any Agreement awarded to the Contractor and shall make available equal opportunities to the extent third parties are engaged to provide goods and services in connection with performance of the Agreement. If submitting a joint venture proposal, or a proposal involving a partnership arrangement, articles of partnership stating each partner’s responsibilities shall be furnished and submitted with the Response.

4. Colorado Open Records Act: All documentation submitted in response to this solicitation will become the property of Adams County. All documentation maintained or kept by Adams County shall be subject to the Colorado Open Records Act. C.R.S.

24-72-201 et. seq. (“CORA”). Accordingly, respondents are discouraged from providing information that they consider confidential, privileged, and/or trade secrets as part of a response to this solicitation. Any portions of submissions that are reasonably considered confidential should be clearly marked as such. The County does not guarantee the confidentiality of any record(s).

Careful consideration should be given before submitting confidential information to the County. The Colorado Open Records Act permits public scrutiny of most materials collected in this solicitation process.

5. CLARIFICATION AND MODIFICATIONS IN TERMS AND CONDITIONS

5.1. Where there appears to be variances or conflicts between the General Terms and Conditions, any Special Terms and Conditions and the Scope of Work/Specifications outlined in this Solicitation, the Scope of Work/ Specifications, and then the Special Terms and Conditions, will prevail.

5.1.1. If any Contractor contemplating submitting a Proposal under this

Solicitation is in doubt as to the true meaning of the Scope of Work or any other portion of the Solicitation, the Contractor must submit a written request via email for clarification to the Point of Contact listed on the first page of this Solicitation. The Contractor submitting the request shall be responsible for ensuring that the request is received by the County prior to the deadline for submitting questions.

5.1.2. The County shall issue a written addendum if substantial changes which impact the technical submission of Proposals are required. A copy of such addenda will be available at the Bidnet System website. In the event of conflict with the original Solicitation documents, addenda shall supersede to the extent specified. Subsequent addenda shall supersede prior addenda only to the extent specified.

5.1.3. ADDENDA: CONTRACTOR IS RESPONSIBLE FOR OBTAINING AND

ACKNOWLEDGING ALL SUBSEQUENT ADDENDA VIA THE ROCKY

MOUNTAIN E-PURCHASING SYSTEM (BIDNET). FAILURE TO

SUBMIT ANY AND ALL SUBSEQUENT ADDENDUM/ADDENDA MAY

DEEM THE CONTRACTOR NON-RESPONSIVE. EACH AND EVERY

ADDENDUM TO BE SEPARATELY ACKNOWLEDGED.

5.2. PRICES CONTAINED IN PROPOSAL-DISCOUNTS, TAXES, COLLUSION

5.2.1. Contractor agrees to hold submitted prices up to 120 days after bid due date.

5.2.2. Contractors may offer a cash discount for prompt payment. Discounts will be considered in determining the lowest net cost for the evaluation of Proposals; discounts for periods of less than twenty days, however, will not be considered in making an award. If no prompt payment discount is being offered, the Contractor shall enter a zero (0) for the percentage discount to indicate net thirty days. If the Contractor does not enter a percentage discount, it is hereby understood and agreed that the payment terms shall be net thirty days, effective on the date that the County receives an accurate invoice or accepts the products, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check.

5.2.3. Contractors shall not include federal, state, or local excise or sales taxes in prices offered, as the County is exempt from payment of such taxes.

5.2.3.1. Federal Identification Number: 84-6000732

5.2.3.2. State of Colorado Tax Exempt Number: 98-03569

6. SIGNING PROPOSAL

6.1. Contractor, by affixing its signature to this Solicitation, certifies that its Proposal is made without previous understanding, agreement, or connection either with any persons, firms or corporations making a Proposal for the same items, or with the County. The Contractor also certifies that its Proposal is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. To insure integrity of the County’s public procurement process, all Contractors are hereby placed on notice that any and all Contractors who falsify the certifications required in conjunction with this section will be prosecuted to the fullest extent of the law.

7. PREPARATION AND SUBMISSION OF PROPOSAL

7.1. PREPARATION

7.1.1. The Proposal must be typed or legibly printed in ink. All corrections made by the Contractor must be initialed by the authorized agent of the Contractor.

7.1.2. Proposals must contain the signature of an authorized agent of the

Contractor in the space provided on the Contractor’s Statement page.

The Contractor’s Statement of this Solicitation must be included in Proposal response. If the Contractor’s authorized agent fails to sign and return the original Contractor’s Statement page of the Solicitation, its Proposal may be considered invalid.

7.1.3. Alternate Proposals will not be considered unless expressly permitted in the Scope of Work.

7.1.4. The accuracy of the Proposal is the sole responsibility of the Contractor.

No changes in the Proposal shall be allowed after the date and time that submission of the Proposals is due.

7.2. SUBMISSION

7.2.1. The Proposal shall be submitted via the Bidnet Direct System. The

County’s Pricing Form, which is attached to this Solicitation, must be used when the Contractor is submitting its Proposal. The Contractor shall not alter this form (e.g. add or modify categories for posting prices offered) unless expressly permitted in the Solicitation or in an addendum duly issued by the County. Only proposals received by the Purchasing Division of the Finance Department will be accepted; proposals submitted telephone, email, or facsimile machines are not acceptable.

7.2.2. Failure to provide any requested information may result in the rejection of the Proposal as non-responsive.

7.2.3. Proposal must be submitted in the format supplied and/or described by the County. Failure to submit in the format provided may be cause for rejection of the proposal. Proposals must be furnished exclusive of taxes.

7.2.5 Contractor is responsible for ensuring their Proposal is received by the

Purchasing Division prior to the deadline outlined in the solicitation regardless of the method of delivery. Contractors, which qualify their Proposal by requiring alternate Contractual terms and conditions as a stipulation for Agreement award, must include such alternate terms and conditions in their Response. The County reserves the right to declare a Contractor’s Proposal as non-responsive if any of these alternate terms and conditions is in conflict with the County’s terms and conditions, or if they are not in the best interests of the County.

8. LATE PROPOSALS

8.1. Proposals received after the date and time set for the opening shall be considered non-responsive and may be returned unopened to the Contractor.

8.2. Allow ample time to upload your proposals. The County assumes no responsibility for any IT related issues that occur.

8.3. The County assumes no responsibility for a Proposal being either opened early or improperly routed if not submitted into the Bidnet System properly.

9. MODIFICATION AND WITHDRAWAL OF PROPOSALS

9.1. MODIFICATIONS TO PROPOSALS. Proposals may only be modified in the form of a written notice on Contractor letterhead and must be received prior to the time and date set for the Proposals to be opened. If more than one modification is submitted, the modification bearing the latest date of receipt by the County’s Purchasing Division will be considered the valid modification.

9.2. WITHDRAWL OF PROPOSALS. Proposals may be withdrawn in the form of a written notice on Contractor letterhead and must be received prior to the time and date set for the opening of Proposals. Any withdrawal of a Proposal submitted to Adams County Purchasing Division must contain the Contractor’s name and contact information.

9.2.1. Proposals may not be withdrawn after the time and date set for the opening for a period of ninety calendar days. If a Proposal is withdrawn by the Contractor during this ninety-day period, the County may, at its option, suspend the Contractor and may not accept any Proposal from the Contractor for a six-month period following the withdrawal.

10. REJECTION OF PROPOSALS

10.1. REJECTION OF PROPOSALS. The County may, at its sole and absolute discretion:

10.1.1. Reject any and all, or parts of any or all, Proposals submitted by prospective Contractors;

10.1.2. Re-advertise this Solicitation;

10.1.3. Postpone or cancel the process;

10.1.4. Waive any irregularities in the Proposals received in conjunction with this Solicitation; and/or

10.2. REJECTION OF A PARTICULAR PROPOSAL. In addition to any reason identified above, the County may reject a Proposal under any of the following conditions:

10.2.1. The Contractor misstates or conceals any material fact in its Proposal;

10.2.2. The Contractor’s Proposal does not strictly conform to the law or the requirements of the Solicitation;

10.2.3. The Proposal expressly requires or implies a conditional award that conflicts with the method of award stipulated in the Solicitation;

10.2.4. The Proposal does not include documents, including, but not limited to, certificates, licenses, and/or samples, which are required for submission with the Proposal in accordance with the Solicitation; and/or

10.2.5. The Proposal has not been executed by the Contractor through an authorized signature on the Contractor’s Statement.

10.2.6. The Application does not include an active proof of SAMS.GOV registration and a Unique Identifier Number.

10.3. The County reserves the right to waive any irregularities or informalities, and the right to accept or reject any and all proposals.

11. ELIMINATION FROM CONSIDERATION

11.1. A Proposal may not be accepted from, nor any Agreement be awarded to, any person or firm which is in arrears to the County upon any debt or Agreement or which is a defaulter as surety or otherwise upon any obligation to the County.

11.2. A Proposal may not be accepted from, nor any Agreement awarded to, any person or firm who has failed to perform faithfully any previous Agreement with the County or other governmental entity, for a minimum period of three years after the previous Agreement was terminated for cause.

11.3. Any communications in regards to this RFP must go through the Adams County

Purchasing Division only. Any contact with other County personnel or County Contractors may be cause for disqualification.

11.4. No damages shall be recoverable by any challenger as a result of the determinations listed in this Section or decisions by the County.

11.5. The Board of County Commissioners may rescind the award of any proposal within one week thereof or at its next regularly scheduled meeting; whichever is later, when the public interest will be served thereby.

11.6. An application received without proper proof of an active SAMS registration and

Unique Identifier number will not be considered.

12. QUALIFICATIONS OF CONTRACTOR: The County may make such investigations as deemed necessary to determine the ability of the Contractor to perform work, and the Contractor shall furnish all information and data for this purpose as the County requests. Such information includes, but is not limited to: current/maximum bonding capabilities, current licensing information, audited financial statements, history of the firm on assessments of liquidated damages, Agreements cancelled prior to completion and/or lawsuits and/or pending lawsuits against the firm and/or its principals. The County reserves the right to reject any Proposal if the evidence submitted by, or investigation of, such Contractor fails to satisfy the County that such Contractor is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein. Conditional Proposals will not be accepted.

13. AWARD OF SOLICITATION: The County shall award this Solicitation to the successful Contractor through the issuance of a Notice of Intent to Award. All Contractors that participated in the Solicitation process will be notified of Contractor selection. No services or goods shall be provided, and no compensation shall be paid, until and unless an Agreement has been signed by an authorized representative of the County and the Contractor.

4430 South Adams County Parkway Brighton, Colorado 80601

SCOPE OF WORK

1. INTRODUCTION

Adams County Board of Commissioners (BOCC) through its Purchasing Department is seeking the services of qualified organizations to assist Adams County Government in providing Food Products for the Nutrition Food Services Program for Adams County Head Start Department.

The Response Format detailed below is intended to ensure consistency in format and content in the proposal prepared by the Consultant. The submittal must be clear and concise in the recommended format, and it should provide the County with an understanding of the Consultant’s ability to provide the requested services.

2. RESPONSE FORMAT

2.1. Failure to provide required information in the provided format may deem your submittal non-responsive.

2.2. Submissions via Bidnet (https://www.bidnetdirect.com/colorado/adams-county) is required.

2.3. The Proposal shall be combined into a single PDF document, and should contain the following:

2.3.1. Cover Letter/Executive Summary (1 page limit)

2.3.2. Table of Contents – Optional

2.3.3. Vendor/Firm Information

2.3.4. Firm Capability and Assigned Personnel

2.3.5. Project understanding and Approach

2.3.6. Additional information

2.3.7. Contractor’s Statement (Signature required)

2.3.8. Reference Form (you may use your own or the one provided)

2.3.9. Pricing Form/Rate Sheet. Pricing (forms and rates) must be provided as a separate PDF document in a separate envelope. There must not be any pricing information within the Proposal document.

2.3.10. Sam’s Certificate – register on www.SAMS.gov

http://www.sams.gov/

3. QUALIFICATIONS AND PROJECT APPROACH:

3.1.1. Cover Letter / Executive Summary-should include:

3.1.1.1. The name and number of the RFP to which you are responding.

3.1.1.2. Interest in the project.

3.1.1.3. Brief summation of the Proposal. Highlight points that show your firm is qualified for this engagement.

3.1.2. Vendor/Firm Information

3.1.2.1. Describe your firm’s business and background

3.1.2.2. Number of years in the business

3.1.2.3. Details about ownership

3.1.2.4. An overview of services offered and qualifications

3.1.2.5. Size of the firm

3.1.2.6. Location(s) of offices. If multiple, please identify which will be the primary for our account.

3.1.2.7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s).

3.1.3. Firm Capability and Assigned Personnel

3.1.3.1. Provide a detailed narrative of technical disciplines, capabilities and /or production facilities. include any options that may be beneficial for the County to consider.

3.1.3.2. Identify the key staff who will be involved in the project and their responsibilities. Include the following:

3.1.3.2.1. Qualifications and relevant individual experience of Consultant and Subconsultant team members.

3.1.3.2.2. Unique knowledge of team members related to the project.

3.1.3.2.3. What position they will serve on the team.

3.1.3.2.4. Resumes of Key Personnel

3.1.3.3. Any other items you deem important.

3.1.4. References and Past Performance

3.1.4.1. Present information regarding how the team's qualifications and experience, and performance have proved successful on similar projects

3.1.4.2. Provide references (current contact name, current telephone number and email address) from at least three similar projects with similar requirements that have been completed within the past five

(5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed and the project cost. *The Proposer authorizes County to verify any and all information contained in the Consultant’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give.

3.1.4.3. Provide any substantiated complaints against the firm in the last 3 years and any outstanding litigation.

3.1.5. Understanding of the Project and Project Approach:

3.1.5.1. Project Concept and Approach

3.1.5.1.1. Demonstrate a clear and concise understanding of the project based on the Scope of Work provided.

3.1.5.1.2. Briefly describe the plans of the project team to achieve the project goals and objective.

3.1.5.2. Schedule

3.1.5.2.1. Provide a proposed schedule that show’s the team’s plan in detail and indicates the total amount of time anticipated to complete the project.

3.1.5.2.2. Describe how the project will be managed to meet the established schedule.

3.1.5.3. Project Management

3.1.5.3.1. List the names of staff members and what part of the project they are responsible for. These items may include cost control and quality control.

3.2. Additional Information

3.2.1. Provide any information that distinguishes your firm from your competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal.

DETAILED SCOPE/SPECIFICATION/BACKGROUND

ACHS Responsibilities Quality Control and Receiving:

• The ACHS program reserves the right to conduct regular inspections of food products upon delivery, including random quality checks on food items.

• Any substandard or non-compliant products (e.g., damaged, expired, or improperly stored food) will be rejected, and the vendor will be expected to replace these items at no additional cost to the program

• Ensure that all food and related items are delivered on time and of the correct quantity and quality as specified in the purchase orders.

• Maintain accurate records of all deliveries, including product name, quantity, delivery date, and delivery driver details.

• The party responsible at ACHS will place weekly orders based on the agreed-upon schedule to ensure deliveries are received at the designated and agreed upon delivery times.

Feedback and Continuous Improvement:

• ACHS will also work collaboratively with the vendor program representative to address any concerns related to product quality, delivery timeliness, or cost-effectiveness.

• ACHS will conduct periodic performance and monitoring reviews as needed to assess the ongoing relationship, ensure the program's needs are being met, and maintain a positive vendor/customer partnership.

1. Evaluation Criteria

Applicants will be evaluated on the following criteria and will be based on a weighted scoring system that aligns with Adams County Head Start’s needs:

• Vendor’s demonstrated understanding and approach to fulfilling the requirements of the contract, including service delivery model and quality assurance.

• Ability of vendor to comply with all mandatory requirements as specified in the RFP and vendor’s ability to thoroughly and accurately complete costs required in product list provided.

• Customer service and support:

o References from other current customers outlining quality services and products and the level of customer satisfaction o Delivery schedule consistency based on Head Start needs and operational hours of 6:00 a.m. to 2:30 p.m.

o Vendor representative, or key personnel, assignment and ability to access/communicate with representative based on ongoing needs

• Cost and financial considerations o Pricing and transparency based on the completion and indication of prices provided in the product list provided o Invoicing billing and required payment terms (Net 30, Net 45 day, etc.)

4430 South Adams County Parkway Brighton, Colorado 80601

REQUEST FOR PROPOSAL

PRICING FORM: 2025.451

(Submit in separate sealed envelope)

COMPANY NAME: __________________________________________________

PRICING MUST BE SUBMITTED IN A SEPARATE FILE. THERE MUST NOT BE

ANY PRICING INFORMATION WITHIN THE UPLOADED PROPOSAL FILE.

4430 South Adams County Parkway Brighton, Colorado 80601

SUBMISSION CHECK LIST

Does your Proposal comply with all the terms and conditions YES NO of this Solicitation? If no, indicate exceptions.

Does your Proposal provide proposed revisions to the attached YES NO Sample Agreement and identified on the Term of Acceptance Form?

Does your Proposal meet or exceed all specifications, including YES NO minimum service requirements? If no, indicate exceptions.

Requirements met and response included? YES NO

May other governmental entity avail itself of this Agreement and YES NO purchase any and all items specified?

Have all the addendums been acknowledged and enclosed? YES NO

Has a duly authorized agent of the contractor signed the YES NO Contractor’s Statement?

Is pricing form enclosed in a separate document? YES NO

Has your firm or your sub-contractors ever received a YES NO Notice to Cure, Reprimand Letter, Cancel Agreement Notice, or Cancel Purchase Order Notice from Adams County?

If so, please explain.

Are the requested Bonds included if applicable? YES NO

Is your SAMS Certificate included in your response (please see YES NO section 11.6)?

4430 South Adams County Parkway Brighton, Colorado 80601

CONTRACTOR’S STATEMENT

Pursuant to 2 C.F.R. Part 200 Subpart C 200.213, Contractor certifies that they are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency, and has read and fully understand all the conditions herein set forth in the foregoing paragraphs, and by my signature set forth hereunder, I hereby agree to comply with all said conditions as stated or implied. In consideration of the above statement, the following Proposal is hereby submitted.

If any of the documents listed on the cover page are missing from this package, contact Adams County Purchasing. If you require additional information, call the Purchasing Division contact person.

The undersigned hereby affirms that (1) he/she is a duly authorized agent of the Contractor, (2) he/she has read all terms and conditions and technical specifications which were made available in conjunction with this solicitation and fully understands and accepts them unless specific variations have been expressly listed in his/her Proposal, (3) the Proposal is being submitted on behalf of the Contractor in accordance with any terms and conditions set forth in this Solicitation, and (4) the Contractor will accept any awards made to it as a result of the Proposal submitted herein for a minimum of 120 calendar days following the date of submission.

WE, THE UNDERSIGNED, HEREBY ACKNOWLEDGE RECEIPT OF

Addenda (list all):_____________________________________________________

Contractor Name Date

Signature Printed Name

Title

Address

City, State, Zip Code County

Telephone Fax

Email

4430 South Adams County Parkway Brighton, Colorado 80601

REQUEST FOR PROPOSAL

REFERENCE FORM

(You may use your own form)

Contractors shall furnish the names, contact information (e-mail and telephone number) of a minimum of three (3) firms or government organizations for which the Contractor has provided similar projects:

Company Name

Reference Name

Reference Contact info

Project Name /Description

Value

4430 South Adams County Parkway Brighton, Colorado 80601

TERM OF ACCEPTANCE FORM

Request for Proposal #

I, on behalf of the Contractor identified below, hereby certify that I have read a copy of the sample Agreement attached to the RFP and understand the terms and provisions contained in that Agreement. I further hereby certify that it is the Contractor’s intent to comply with each and every term and provision contained in the sample Agreement and propose no modifications to the sample Agreement except as follows:

1)

2)

3)

I understand that the modification stated above, if any, are offered for discussion purposes only and that Adams County reserves the right to accept, reject or further negotiate any and all proposed modification to the sample Agreement.

Contractor Name

Authorized Signature

Printed Name

Title

Date

4430 South Adams County Parkway Brighton, Colorado 80601

REQUEST FOR PROPOSAL

APPENDIX A

SAMPLE AGREEMENT FOR SERVICES

I. The Sample Agreement for Services is included in this solicitation for informational and reference purposes only.

See attached SAMPLE Agreement

ADAMS COUNTY

PROFESSIONAL SERVICE <FEDERAL FUNDING> AGREEMENT

FOR

THIS AGREEMENT (“Agreement”) is made on____________________, by and between the Adams County Board of County Commissioners, acting as the Board of Human Services, located at 4430 South Adams County Parkway, Brighton, Colorado 80601, hereinafter referred to as the "County," and <Insert Company Name, located at Address123>, hereinafter referred to as the "Contractor." The County and the Contractor may be collectively referred to herein as the “Parties.”

The County and the Contractor, for the consideration herein set forth, agree as follows:

1. SERVICES OF THE CONTRACTOR:

1.1. All work shall be in accordance with the attached RFP xxxxx and the Contractor’s response to the RFP xxxxx attached hereto as Exhibit A and incorporated herein by reference. Should there be any discrepancy between Exhibit A and this Agreement the terms and conditions of this Agreement shall prevail. Should there be any discrepancy between Exhibit A and current regulations, executive orders, and/or laws, the Contractor agrees that they will follow all legal requirements.

1.2. Emergency Services: In the event the Adams County Board of County

Commissioners declares an emergency, the County may request additional services (of the type described in this Agreement or otherwise within the expertise of the Contractor) to be performed by the Contractor. If the County requests such additional services, the Contractor shall provide such services in a timely fashion given the nature of the emergency, pursuant to the terms of this Agreement. Unless otherwise agreed to in writing by the parties, the Contractor shall bill for such services at the rates provided for in this Agreement.

2. RESPONSIBILITIES OF THE COUNTY: The County shall provide information as necessary or requested by the Contractor to enable the Contractor's performance under this Agreement.

3. FEDERAL PROVISIONS:

3.1. This Agreement is funded by federal funds and the Contractor shall comply with all applicable provisions listed in Exhibit B, attached hereto and incorporated herein.

3.2. The Contractor shall also comply with all applicable federal agency specific requirements, including those listed in Exhibit C, attached hereto and incorporated herein.

4. TERM:

4.1. Term of Agreement: The Term of this Agreement shall be for <Enter Term of Agreement, one year from the date of the Agreement, etc>

4.2. Renewal Option: The County, at its sole option, may offer to renew this Agreement as necessary for up to < Enter extensions e.g. two, one-year renewals> providing satisfactory service is given and all terms and conditions of this Agreement have been fulfilled. Such renewals must be mutually agreed upon in writing by the County and the Contractor.

5. PAYMENT AND FEE SCHEDULE:

6. The County shall pay the Contractor for services furnished under this Agreement, as more fully described in Exhibit A, and the Contractor shall accept as full payment for those services the not to exceed amount of [insert total amount of contract, you can also attach as an exhibit if there is a rate sheet]

6.1. Payment pursuant to this Agreement, whether in full or in part, is subject to and contingent upon the continuing availability of County funds for the purposes hereof. In the event that funds become unavailable, as determined by the County, the County may immediately terminate this Agreement or amend it accordingly.

7. INDEPENDENT CONTRACTOR: In providing services under this Agreement, the

Contractor acts as an independent contractor and not as an employee of the County.

The Contractor shall be solely and entirely responsible for his/her acts and the acts of his/her employees, agents, servants, and subcontractors during the term and performance of this Agreement. No employee, agent, servant, or subcontractor of the Contractor shall be deemed to be an employee, agent, or servant of the County because of the performance of any services or work under this Agreement. The Contractor, at its expense, shall procure and maintain workers' compensation insurance as required by law. Pursuant to the Workers’ Compensation Act § 8-40- 202(2)(b)(IV), C.R.S., as amended, the Contractor understands that it and its employees and servants are not entitled to workers’ compensation benefits from the County. The Contractor further understands that it is solely obligated for the payment of federal and state income tax on any moneys earned pursuant to this Agreement.

8. NONDISCRIMINATION:

8.1. The Contractor shall not discriminate against any employee or qualified applicant for employment because of age, race, color, religion, marital status, disability, sex, national origin, gender identity, gender expression, or any other characteristic barred by law. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. Adams County is an equal opportunity employer.

8.1.1. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

9. INDEMNIFICATION: The Contractor agrees to indemnify and hold harmless the County, its officers, agents, and employees for, from, and against any and all claims, suits, expenses, damages, or other liabilities, including reasonable attorney fees and court costs, arising out of damage or injury to persons, entities, or property, caused or sustained by any person(s) as a result of the Contractor's performance or failure to perform pursuant to the terms of this Agreement or as a result of any subcontractors’ performance or failure to perform pursuant to the terms of this Agreement.

10. INSURANCE: The Contractor agrees to maintain insurance of the following types and amounts:

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

10.1.1. Each Occurrence: $1,000,000

10.1.2. General Aggregate: $2,000,000

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

10.2.1. Bodily Injury/Property Damage: $1,000,000 (each

accident)

10.3. Workers' Compensation Insurance: Per Colorado Statutes

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

10.4.1. Each Occurrence: $1,000,000

10.4.2. This insurance requirement applies only to the 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.

10.5. Adams County as “Additional Insured”: The Contractor's commercial general liability, and comprehensive automobile liability, insurance policies and/or certificates of insurance shall be issued to include Adams County as an "additional insured" and shall include the following provisions:

10.5.1. 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.

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

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

10.6. Licensed Insurers: All insurers of the Contractor must be licensed or approved to do business in the State of Colorado. Upon failure of the Contractor to furnish, deliver and/or maintain such insurance as provided herein, this Agreement, at the election of the County, may be immediately declared suspended, discontinued, or terminated. Failure of the Contractor in obtaining and/or maintaining any required insurance shall not relieve the Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning indemnification.

10.7. Endorsement: Each insurance policy herein required shall be endorsed to state that coverage shall not be suspended, voided, or canceled without thirty (30) days prior written notice by certified mail, return receipt requested, to the County.

10.8. Proof of Insurance: At any time during the term of this Agreement, the County may require the Contractor to provide proof of the insurance coverage or policies required under this Agreement.

11. DAMAGES ARISING FROM BREACH OF PERFORMANCE OBLIGATIONS:

Notwithstanding anything else set forth in this Agreement, if Contractor fails to comply with all terms of this contract, including but not limited to, its obligation to perform its work in a workmanlike manner in accordance with all codes, plans, specifications and industry standards, Contractor shall be liable to County for all damages arising from the breach, including but not limited to, all attorney fees, costs and other damages.

12. WARRANTY: The Contractor warrants and guarantees to the County that all work, equipment, and materials furnished under the Agreement are free from defects in workmanship and materials for a period of one year after final acceptance by the County. The Contractor further warrants and guarantees that the plans and specifications incorporated herein are free of fault and defect sufficient for Contractor to warrant the finished product after completion date. Should the Contractor fail to proceed promptly in accordance with this guarantee, the County may have such work performed at the expense of the Contractor. This section does not relieve the Contractor from liability for defects that become known after one year. Contractor warrants that its work and products shall comply with the Americans with Disability Act.

13. TERMINATION:

13.1. For Cause: If, through any cause, the Contractor fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Contractor violates any of the covenants, conditions, or stipulations of this Agreement, the County shall thereupon have the right to immediately terminate this Agreement, upon giving written notice to the Contractor of such termination and specifying the effective date thereof.

13.2. For Convenience: The County may terminate this Agreement at any time by giving written notice as specified herein to the other party, which notice shall be given at least thirty (30) days prior to the effective date of the termination. If this Agreement is terminated by the County, the Contractor will be paid an amount that bears the same ratio to the total compensation as the services actually performed bear to the total services the Contractor was to perform under this Agreement, less payments previously made to the Contractor under this Agreement.

14. MUTUAL UNDERSTANDINGS:

14.1. Jurisdiction and Venue: The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The parties agree that jurisdiction and venue for any disputes arising under this Agreement shall be with Adams County, Colorado.

14.2. Compliance with Laws: During the performance of this Agreement, the

Contractor agrees to strictly adhere to all applicable federal, state, and local laws, rules and regulations, including all licensing and permit requirements and all compliance requirements detailed in Exhibit B. The Parties hereto aver that they are familiar with § 18-8-301, et seq., C.R.S. (Bribery and Corrupt Influences), as amended, and § 18-8-401, et seq., C.R.S. (Abuse of Public Office), as amended, and that no violation of such provisions are present.

14.3. OSHA: The Contractor shall comply with the requirements of the Occupational

Safety and Health Act (OSHA) and shall review and comply with the County’s safety regulations while on any County property. Failure to comply with any applicable federal, state or local law, rule, or regulation shall give the County the right to terminate this Agreement for cause.

14.4. Record Retention: The Contractor shall maintain records and documentation of the services provided under this Agreement, including fiscal records, and shall retain the records for a period of three (3) years from the date this Agreement is terminated. Said records and documents shall be subject at all reasonable times to inspection, review, or audit by authorized Federal, State, or County personnel.

14.5. Assignability: Neither this Agreement, nor any rights hereunder, in whole or in part, shall be assignable or otherwise transferable by the Contractor without the prior written consent of the County.

14.6. Waiver: Waiver of strict performance or the breach of any provision of this

Agreement shall not be deemed a waiver, nor shall it prejudice the waiving party's right to require strict performance of the same provision, or any other provision in the future, unless such waiver has rendered future performance commercially impossible.

14.7. Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations hereunder to the extent that such delay or failure is caused by a force or event beyond the control of such party including, without limitation, war, embargoes, strikes, governmental restrictions, riots, fires, floods, earthquakes, or other acts of God.

14.8. Notice: Any notices given under this Agreement are deemed to have been received and to be effective:

1) Three (3) days after the same shall have been mailed by certified mail, return receipt requested; and

2) Immediately upon hand delivery; or

3) Immediately upon receipt of confirmation that an E-mail was received. For the purposes of this Agreement, any and all notices shall be addressed to the contacts listed below:

Department:

Contact:

Address:

City, State, Zip:

Phone:

E-mail:

Department: Adams County Purchasing Contact:

Address: 4430 South Adams County Parkway City, State, Zip: Brighton, Colorado 80601 Phone: 720.523.

E-mail:

Department: Adams County Attorney’s Office Address: 4430 South Adams County Parkway City, State, Zip: Brighton, Colorado 80601 Phone: 720.523.6116

Contractor:

Contact:

Address:

City, State, Zip:

E-mail:

14.9. Integration of Understanding: This Agreement contains the entire understanding of the parties hereto and neither it, nor the rights and obligations hereunder, may be changed, modified, or waived except by an instrument in writing that is signed by the parties hereto.

14.10. Severability: If any provision of this Agreement is determined to be unenforceable or invalid for any reason, the remainder of this Agreement shall remain in effect, unless…