25-038 SOQ Lodging Services Final with Services Agreement.pdf

Statement of Qualifications #SOQ-25-038 Page 1 of 40

Release Date

April 16, 2025

Solicitation Number

SOQ-25-038

Solicitation Title

Services to be performed for

EL PASO COUNTY PUBLIC HEALTH LODGING

SERVICES

El Paso County – Department of Public Health

Responses will be received until 11:00 A.M., MST, Tuesday, May 13, 2025 Electronically through the Rocky Mountain E- Purchasing System

For additional information please contact Ryan Rogers Associate Procurement Specialist Email: RyanRogers2@elpasoco.com 719-318-4635

Documents included in this package Statement of Qualifications Cover Sheet Executive Summary Summary of Work / Specifications Special Terms and Conditions General Terms and Conditions Response Submittal Requirements Attachments

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 offer, (3) that the offer is being submitted on behalf of the Contractor in accordance with any terms and conditions set forth in this document, and (4) that the Contractor will accept any awards made to it as a result of the offer submitted herein for a minimum of ninety calendar days following the date of submission. Offers must contain, in blue ink, a manual signature of an authorized agent of the Contractor or a verifiable electronic time and date stamped signature in the space provided on all appropriate signature lines in this solicitation. Typed names as signatures are not allowed.

PRINT OR TYPE YOUR INFORMATION

Company Name: _______________________________________ Fax: __________________________________________________

Address: ______________________________________________ City/State/Zip: __________________________________________

Contact Person: ________________________________________ Title: __________________________________________________

Email: ________________________________________________ Phone: ________________________________________________

Authorized Representative’s Signature: __________________________________________________ Date: _____________________

Printed Name: _________________________________________ Title: _________________________________________________

Email: ________________________________________________ Phone: ________________________________________________

El Paso County Contracts and Procurement

15 East Vermijo Avenue Colorado Springs, Colorado 80903

STATEMENT OF QUALIFICATIONS #SOQ-25-038

COVER SHEET

Statement of Qualifications #SOQ-25-038 Page 2 of 40

OFFICIAL SOLICITATION DOCUMENTS: El Paso County officially distributes solicitation documents through the Rocky Mountain E-Purchasing System and the County’s website. Copies of solicitations obtained from any other source are not considered official copies. Only those Contractors who obtain solicitation documents from the Rocky Mountain E-Purchasing System or El Paso County website will be in receipt of officially posted and relevant information regarding solicitations issued by El Paso County. The County cannot be held responsible for incorrect information, nor can it attest to the accuracy of information found on websites other than the Rocky Mountain E-Purchasing System or the County’s website.

PURPOSE OF SOLICITATION: El Paso County is requesting proposals from qualified, experienced, professional Contractors to furnish all services, labor, materials, and equipment necessary for professional services for the El Paso County Public Health Lodging Services.

TERM OF CONTRACT: The awarded contract shall commence on July 1, 2025 and shall remain in effect through December 31, 2026.

OPTION TO RENEW FOR SUBSEQUENT YEARS (WITH PRICE ADJUSTMENT): The prices or discounts quoted in this Solicitation shall prevail during the specified term of the contract, at which time the County shall have the option to renew the contract for four additional one-year periods. Continuation of the contract beyond the initial period is a County prerogative and not a right of the Vendor and will be exercised only when such continuation is clearly in the best interest of the County. During the option period, the County will consider an adjustment to the pricing structure if the manufacturer or supplier notifies the Vendor of a price adjustment. It shall be understood that such price adjustments shall not exceed the amount passed on to the Vendor/supplier by the manufacturer.

The Vendor shall notify the County of such adjustments during the option period at least sixty calendar days prior to the end of the then current contract year and must include detailed justification for the requested adjustment.

The County reserves the right to reject any price adjustments submitted by the Vendor and/or to terminate the contract with the Vendor based on such price adjustments.

NON-APPROPRIATION. Pursuant to C.R.S.§ 29-1-110, as amended, the financial obligations of the County as set forth herein after the current fiscal year are contingent upon funds for the purpose of being appropriated, budgeted and otherwise available. The awarded agreement will automatically terminate on January 1st of the first fiscal year for which funds are not appropriated. The County shall give the Contractor written notice of such non-appropriation.

SCHEDULE OF ACTIVITIES: The following activities and dates tentatively outline the process to be used to solicit Contractor responses and to review each Contractor Response.

April 16, 2025 Release Statement of Qualifications April 25, 2025 @ 10:00 a.m. Deadline for Submitting Questions May 13, 2025 @ 11:00 a.m. Response Submission Deadline May 2025 Issue Notice of Intent to Award June, 2025 (estimated) Contract Award

EXAMINATION OF CONTRACT DOCUMENTS IS RECOMMENDED: Prior to the submission of its Response, the Contractor is advised to become familiar with the Project and all project documents. The Contractor is also advised to carefully examine the requirements outlined in the Specifications, as they may affect the requirements

EXECUTIVE SUMMARY

Statement of Qualifications #SOQ-25-038 Page 3 of 40 of the Contractor. It is not the intent of this SOQ to cover each and every detail. Any problems that may arise must be promptly reported to the County and will be subject to the decision of the County. The Contractor is expected to carefully examine the size and scope of the proposed work prior to submitting its Response. The Contractor certifies that it has examined the location of the proposed Work and is familiar with the drawings and the specifications and all contract documents related thereto.

RESPONSE TO QUESTIONS: Questions which arise during the Response preparation period regarding issues around this Solicitation, purchasing and/or award should be directed electronically, via the Rocky Mountain E- Purchasing system, to Ryan Rogers, CPPB, Associate Procurement Specialist, Contracts and Procurement Division, El Paso County. The Contractor submitting the question(s) shall be responsible for ensuring that the question(s) is received by the date and time listed above in the Schedule of Activities for submitting the question(s).

Any official interpretation of this Solicitation must be made by an agent of the County’s Contracts and Procurement 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 Contracts and Procurement Division.

ACCESSIBILITY COMPLIANCE: All non-confidential documents that may be subject to public requests under the Colorado Open Records Act (CORA) must comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and the Americans with Disabilities Act (ADA). Vendors must ensure that their software, products, services, and documents are accessible. Additionally, vendors should include any Voluntary Product Accessibility Template (VPAT), Accessibility Conformance Report (ACR), or other Accessibility Statements relevant to their offerings.

Vendors have the option to provide a recording demonstrating conformance, test results, or an agreement to remediate their technology to meet accessibility standards.

REMAINDER OF PAGE LEFT INTENTIONALLY BLANK

Statement of Qualifications #SOQ-25-038 Page 4 of 40

El Paso County is soliciting responses from qualified, experienced, professional Contractors to furnish all materials and labor as necessary for the El Paso County Engineering Criteria Update (“Project”).

The Project is being funded through El Paso County. There will be El Paso County oversight of the project.

It is expected that the business and its team members will have significant experience with this type of work. It is expected that the individuals overseeing and managing this project are qualified professionals. The successful Contractor shall be considered and shall remain an independent Contractor throughout the term of any contract awarded pursuant to this Solicitation.

The successful Contractor shall be solely responsible for scheduling and coordinating work of the subcontractors, suppliers, and other individuals or entities performing or furnishing any of the work under direct or indirect contract with the successful Contractor.

The successful Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, and incidentals necessary for performance, start up, and completion of the services outlined in this Solicitation.

I. BACKGROUND / GENERAL INFORMATION

El Paso County Public Health (EPCPH) has a statutory responsibility to mitigate the spread of communicable disease through contact tracing and supporting individuals during isolation or quarantine. At times, this includes supporting individuals who are positive for a reportable communicable disease and who are experiencing homelessness, to isolate or quarantine for a predetermined amount of time.

EPCPH has identified a need to contract with lodging companies to provide lodging for these individuals during their isolation period.

It is estimated that this service will be needed four or less times per month, but the nature of communicable disease dictates a high degree of variability in this need, making demand difficult to accurately estimate. The need may occur outside of business hours, including weekends and holidays.

The need is generally time-sensitive and will need to be done within a timely manner. The need is generally medically sensitive, and lodging providers will need to be trained in, and willing to adhere to, disease protocol to prevent further spread of infectious disease.

II. REQUIRED DOCUMENTATION

Failure to provide the required information may deem your submittal non-responsive. Submittals must contain, in blue ink, a manual signature of an authorized agent of the Vendor or a verifiable electronic time and date stamped signature in the space provided on all appropriate signature lines in this solicitation. Typed names as signatures are not allowed.

SUMMARY OF WORK / SPECIFICATIONS

Statement of Qualifications #SOQ-25-038 Page 5 of 40

• Cover Sheet

• Contractor Information Form

• Proprietary / Confidential Statement

• Exhibit 1 – Exception Form

• Exhibit 2 – Lobbying Certification

• Exhibit 3 – Non-Collusion Affidavit

• Exhibit 4 – Minimum Insurance Requirements

III. SCOPE OF WORK

El Paso County Public Health (EPCPH) is seeking to contract with multiple lodging providers to provide temporary lodging to support quarantine/isolation for individuals identified as having a communicable disease.

This service will support EPCPH's mission to promote and protect public health and environmental quality across El Paso County by mitigating the spread of communicable disease.

The timing of these requests is highly variable and may occur during normal business hours (7am to 6pm, Monday through Friday) or outside of normal business hours, including weekends and holidays. Usage is not consistent and fluctuates depending on disease management protocol.

Lodging consists of housing a patient who is being transported from a hospital, shelter, or medical office.

A request for lodging will generally consist of 1-5 nights.

Request for Accommodation Process

Upon identifying a need to lodge an impacted individual, EPCPH will reach out to the awarded contractor through the established channels to provide a request for accommodation. The Contractor will be provided information for the needs of the accommodation and specific quarantine requirements at that time. The Contractor will provide a response within four (4) hours to EPCPH’s request for accommodation indicating if they have availability for the individual at that time. The response shall contain the pricing for the proposed accommodation. The response will then be reviewed by EPCPH and approved.

Contractor Responsibility

The Contractor shall provide lodging services that adhere to the timeline and quarantine requirements of the accommodation request.

The Contractor shall have the ability to receive and respond to accommodation requests from EPCPH at any time of day on any day of the year (24/7/365). All requests shall be responded to within four(4) hours.

Contractor shall meet with EPCPH to receive one-time training on communicable disease prevention measures.

The training will take no longer than an hour to complete and can be held virtually or in-person.

The contractor shall provide EPCPH a response within four (4) hours of their accommodation request, even if the contractor does not have availability.

The contractor shall provide a preferred contact method, along with a backup contact method, to receive accommodation requests from EPCPH.

The contractor shall specify a specific person to contact within the Contractor’s organization in the event issues arise and need to be discussed.

The Contractor shall provide details of the individuals stay to EPCPH. Specifically, the room number the individual will be staying in.

The Contractor may invoice EPCPH for professional cleaning costs in the event an individual causes a serious mess, such as but not limited to blood, vomit, urine, or other bodily fluids, safety, or health concerns, such as head lice, and other situations of similar nature that require cleaning by a professional.

Statement of Qualifications #SOQ-25-038 Page 6 of 40

The Contractor shall communicate to EPCPH immediately if any issue arises, including but not limited to disruptive behavior or patient requesting last-minute changes.

Lodging Requirements

The room provided shall be cleaned and prepared for the individual’s stay.

The room provided shall have a bathroom that includes a shower, sink, and toilet.

The room provided shall have a microwave.

The room provided shall be free from any pests and insects.

The room provided shall have locks on all exterior doors and windows and be in working order.

IV. EVALUATION CRITERIA

• 50% Approach to Service Delivery- Include proposed approach to the services outlined in the scope of work provided. Provide the Contractors ability to meet the requirements detailed in the provided scope of work.

• 50% Qualifications and Experience - Provide clear statements of qualifications and experience directly related to the services listed. Include a brief description of projects or services that are substantially similar in scope to the required service categories outlined in this solicitation. Include years in service and any other relevant background information.

V. RESPONSE FORMAT

Failure to respond in the required format or failure to provide required information may deem your submittal non-responsive.

To facilitate an effective evaluation process, responses must be submitted on 8.5” x 11” inch paper with a minimum font of 10, and all pages should be numbered in the following manner: page __ of __ pages with a maximum of thirty (30) pages. All acronyms in the response must be defined.

Attachments/Exhibits included in this solicitation that require signature and/or are a required document to be returned with your Responses shall be included as an exhibit to your Responses and will not count toward the page limit. Requested items in the appendices will not count toward the page limit. Schedules, if applicable, may be submitted on 11" x 17" sheets and are counted as one page (limit of five pages).

Submittals should be prepared simply and economically providing a straightforward, concise description of the Contractor’s ability to fulfil the requirements of this Solicitation.

ELECTRONIC SUBMISSION OF OFFERS: El Paso County will only accept electronic Responses submitted through the Rocky Mountain E-Purchasing system. A Submittal Log will be posted after the County has had an opportunity to review and verify the submittals offered to the County.

The original Offer must be received before the due date and time through an electronic package transmitted through the Rocky Mountain E-Purchasing system. The Contractor is responsible for ensuring its Response is posted by the due date and time outlined in the solicitation document. No allowances will be provided to those Contractors whose submittal is not uploaded prior to the due date and time outlined in the solicitation.

If the submittal arrives late and/or is not uploaded in its entirety, it will not be included in the electronic lockbox.

Statement of Qualifications #SOQ-25-038 Page 7 of 40

The Solicitation Opening for SOQ-25-038 will take place VIA TELECONFERENCE utilizing the call-in information below:

Participant-guest login:

1. Dial access number: 1-719-520-7660

2. Enter the participant-guest pass code: 51488#

3. Attendee access code: 1234

The names of those who submitted a Response are released and review of required documentation is conducted. Proposers are NOT required to participate. No in-person entry to our building will be permitted.

To enable the County to conduct a uniform review of the information submitted in response to this Solicitation, Contractors must address the following information, numbered to directly correspond with the number of the Table of Contents section of the submitted Response. The County reserves the right to reject submittals that do not follow the required format. Include concise, complete information which will demonstrate that your firm is uniquely qualified to provide the products and services specified in this Solicitation.

ALL signatures on required documents must be in blue ink or a verifiable electronic time and date stamped signature in ONE PDF document.

A. Provide response without reference to El Paso County logo or company logo in one PDF document.

B. Submit response in a tab format that follows a clearly outlined Table of Contents that identifies all material and attachments that comprise your response by section and by page number. I.e. – Required Documentation section, Evaluation Criteria section, etc. as outlined on the Response Submittal Requirements page.

C. Cover Letter, one-page limit. Submit a Cover Letter on official business letterhead that:

1. Positively states your willingness to comply with all work requirements and other terms and conditions as specified in this Solicitation.

2. Provides, in brief concise terms, a summation of your submittal and identifies the points that make your firm uniquely qualified for this project.

3. Is signed by an Authorized Representative of your firm who has the authority to commit to the proposed work.

D. Provide documentation that satisfies the Required Document Requirements E. Provide documentation that satisfies the criteria to be evaluated.

F. Provide the completed and signed Cover Sheet G. Addendum(s) Acknowledgement, if applicable H. Submission Form I. Fee Schedule (in separate envelope) J. Completed W9 K. Universal Entity Identifier (UEI) Number L. Additional Attachments, if applicable

Statement of Qualifications #SOQ-25-038 Page 8 of 40

Contractor shall provide a list of their fees for the services described in the Statement of Work. The forthcoming Service Agreement will only include the fees the Contractor submits as part of their proposal. Thus, only fees in the Service Agreement will be accepted by the County to be paid.

Item No. Description Estimated Quantity Unit Cost Total Cost 1 Lodging 5 Nights 2 Cleaning Fee 5 EA

Total Cost: $________

FEE SCHEDULE

Statement of Qualifications #SOQ-25-038 Page 9 of 40

1. METHOD OF AWARD - BEST EVALUATIVE SCORE BASED ON WRITTEN RESPONSE: It is the intent of the County to award this Solicitation to the top scoring Contractors when the Responses submitted by interested Contractors are reviewed by the County's Response Evaluation Committee. The Committee will score written Responses by reviewing documentation submitted by the Contractors. Evaluation will be based on the following criteria:

• 50% Approach to Service Delivery- Include proposed approach to the services outlined in the scope of work provided. Provide the Contractors ability to meet the requirements detailed in the provided scope of work.

• 50% Qualifications and Experience - Provide clear statements of qualifications and experience directly related to the services listed. Include a brief description of projects or services that are substantially similar in scope to the required service categories outlined in this solicitation. Include years in service and any other relevant background information.

A more detailed description of these criteria can be found on Pages 7 of this document.

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.

1. SAMPLES OF SERVICE MAY BE REQUIRED DURING EVALUATION: After the Responses are opened by the County, the Contractors may be required to demonstrate their competency and ability to provide the quality of service that will be required by the County during the contract period. Such demonstrations will be provided to the County for evaluation by, and at no cost to, the County. If a demonstration of competency is required, the County will notify the Contractor of such and will specify the deadline for providing the demonstration. The County reserves the right to establish its own procedures for evaluating the Contractors' competencies and abilities. On the basis of this evaluation criteria, the County shall be the sole judge of the abilities of each Contractor in conformance with standards established in the Specifications and its decision shall be final.

2. RATES DEFINED: The rates quoted by the Contractor shall include full compensation for labor, equipment uses, travel time, and any other costs incurred by the Contractor. Hourly rates shall be straight-time for all labor.

Overtime is not allowed under this Solicitation. Mileage rates shall be consistent with the current Federal rate at all times.

3. METHOD OF PAYMENT: The successful Contractors shall submit monthly invoices. These invoices shall be submitted to the County's Project Manager. See the Specifications for a detailed description of requirements.

4. POST INTENT TO AWARD MEETING: The Contractor may be required to attend a post intent to award meeting with the County to discuss the terms and conditions of the contract. This meeting will be coordinated by the Contracts and Procurement Division once a Notice of Intent to Award has been issued.

5. DEBRIEFING: Offeror(s) not selected for the award may request a debriefing on the selection process as well as discussion of the strengths and weaknesses of their firm’s proposal upon the Final Notice of Award being posted on the Rocky Mountain E-Purchasing website.

SPECIAL TERMS AND CONDITIONS

Statement of Qualifications #SOQ-25-038 Page 10 of 40

A debriefing may be scheduled by contacting the Procurement Specialist listed on the Cover Sheet of this Solicitation once the Final Notice of Award has been posted.

6. PROOF OF REGISTRATION WITH THE COLORADO SECRETARY OF STATE: Successful Contractors that are corporations or limited liability companies may be required to furnish a Certificate of Good Standing from the Colorado Secretary of State’s Office, as proof that they are properly registered to do business in the State of Colorado, prior to finalization of award.

7. LOBBYING PROHIBITED: Contractors are prohibited from directly or indirectly communicating with members of the Board of County Commissioners regarding their qualifications or any other matter related to the eventual award of a contract for the goods and/or services requested in this Solicitation. Contractors are prohibited from contacting County employees or evaluation committee members regarding their qualifications or the award of a contract unless in response to an inquiry from an employee or committee member as part of the formal evaluation process outlined in the Solicitation. Any violation of these provisions will result in the Contractor’s immediate disqualification from the selection process.

8. CONSIGNMENT OF CONTRACT NOT ALLOWED: Responses will only be considered from firms which are directly engaged in the business of performing the services described in this Solicitation. Accordingly, no part of this contract can be consigned to another Contractor.

9. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED: As part of its Response, the Contractor shall be required to identify any and all subcontractors that will be used in the performance of the contract resulting from this Solicitation. The Contractor shall also identify the capabilities, experience, and portion of the work to be performed by the subcontractor(s). The competency of the subcontractor(s) with respect to skill, responsibility and business standing shall be considered by the County when making the award in the best interest of the County.

10. CONFLICTS WITHIN THE CONTRACT DOCUMENTS: In the event that conflicts exist within the Contract Documents, the addenda shall supersede all other Contract Documents to the extent specified. Subsequent addenda shall supersede prior addenda only to the extent specified.

11. ELIGIBILITY OF CONTRACTORS: Solicitations will only be considered from firms which are engaged in the business of performing services as described in this Solicitation. The Contractors must be able to produce evidence that they have an established satisfactory record of performance for a reasonable period of time and have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the services if awarded a contract. The term equipment and organization as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the County. The County reserves the right, before awarding the contract, to require a Contractor to submit such evidence of its qualifications as it may deem necessary and may consider any evidence available to it (including, but not limited to, the financial, technical, and other qualifications and abilities of the Contractor, including past performance and experience with the County) in making the award in the best interest of the County.

12. CURRENT LICENSES REQUIRED: Contractor must obtain and pay for all required licenses, fees, certifications, etc., and will comply with all laws, ordinances, and regulations. Damages, penalties and/or fines imposed by the County on the Contractor for failure to obtain required licenses, certifications or fees shall be borne by the Contractor. The County may request the Contractor to provide a current copy of their licenses and certificates prior to the award.

13. 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 licensing information, audited financial statements, contracts 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 Response if the

Statement of Qualifications #SOQ-25-038 Page 11 of 40 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 Solicitation and to complete the work contemplated therein.

Conditional Responses will not be accepted.

14. PAST PERFORMANCE: The County may evaluate Past Performance with El Paso County or another entity and/or make such investigations as deemed necessary to determine the ability of the Contractor to perform work outlined in this solicitation. If the County has terminated a contract with the Contractor within the past three (3) years, the Contractor may be asked to furnish information for this investigation as the County requests.

Such information includes but is not limited to: current/past company references, current licensing information, contracts cancelled prior to completion and/or lawsuits and/or pending lawsuits against the firm and/or its principals. The County reserves the right to consider exemplary and/or poor evaluations from past County Projects. The County reserves the right to reject any Response 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 Solicitation and to complete the work contemplated herein.

15. LABOR, MATERIALS AND EQUIPMENT TO BE SUPPLIED BY THE CONTRACTOR: Unless otherwise provided in this Solicitation, the Contractor shall furnish all labor, materials, and equipment necessary for satisfactory contract performance. When not specifically identified in this Solicitation, such materials and equipment shall be of a suitable type and grade for the intended purpose.

16. ACCIDENT PREVENTION: The Contractor shall be required to take safety precautions in an effort to protect people and property. All Contractors, Contractors and sub-Contractors shall conform to all OSHA, State and County regulations while performing under the terms and conditions of the awarded contract. Any fines levied by the above-mentioned authorities because of inadequate compliance with these requirements shall be borne solely by the Contractor which is responsible for same.

17. COMPLETION OF WORK: The Contractor shall adhere to the timeline and milestones provided in its Response in which it will commit to performing the work and/or service. All work shall be performed in accordance with good commercial practice and the timeline and milestones shall be adhered to by the successful Contractor, except in such cases where the timeline will be delayed due to acts of God, strikes, or other causes beyond the control of the Contractor. In these cases, the Contractor shall notify the County of the delays in advance of the original timeline so that a revised timeline can be negotiated. Should the Contractor to whom the contract is awarded fail to complete the work within the timeline as stated in its Response or as subsequently approved, it is hereby agreed and understood that the County reserves the right to cancel the contract with the Contractor and to secure the services of another Contractor to complete the work. If the County exercises this right, the County shall be responsible for reimbursing the Contractor for work which was completed and found acceptable to the County in accordance with the Specifications. In addition, the County may, at its sole discretion, request payment from the Contractor, through an invoice or credit memo, for any additional costs over and beyond the original price which were incurred by the County as a result of having to secure the services of another Contractor.

18. DEFICIENCIES IN WORK TO BE CORRECTED BY CONTRACTOR: The successful Contractor shall promptly correct all deficiencies in service and/or any service that fails to conform to the Contract Documents.

All corrections shall be made immediately after such deficiencies and/or non-conformances are verbally reported to the Contractor by the County's Project Manager. The Contractor shall bear all costs of correcting such rejected services. If the Contractor fails to correct the service within the period specified in this Solicitation, the County reserves the right to place the Contractor in default of its contractual obligations, obtain the services of another Contractor and charge the Contractor for these costs, either through a deduction from the final payment over to the Contractor or through invoicing.

19. INDEMNIFICATION: Indemnification – General. The Contractor shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the County, Board of County Commissioners, PPRTA, officials, officers, directors, and employees, from and against all liability, claims, demands, suits, actions or proceedings of any kind that are not the result of or directly related to the performance of professional services, including, without

Statement of Qualifications #SOQ-25-038 Page 12 of 40 limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, which arise out of or are in any manner connected with this Agreement, including workers' compensation claims, in any way resulting from or arising from the services rendered by the Contractor, its employees, agents or subcontractors, or others for whom the Contractor is legally liable, under this Agreement; provided, however, that the Contractor need not indemnify or save harmless the County Board of County Commissioners, PPRTA its officers, agents and employees, from damages resulting from the negligence of the County's Board of County Commissioners, PPRTA, officials, officers, directors, agents, and their insurers, and employees. The County and PPRTA cannot and by this Agreement does not agree to indemnify, hold harmless, exonerate, or assume the defense of the Contractor or any other person or entity whatsoever, for any purpose whatsoever.

Indemnification for Professional Services. The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless the County, Board of County Commissioners and any of its officials, officers, directors, agents, and their insurers, and employees, from and against damages, liability, losses, costs and expenses, including reasonable attorney’s fees, but only to the extent caused by or arising out of the negligent acts, errors or omissions of the Contractor, its employees, agents or subcontractors, or others for whom the Contractor is legally liable, in the performance of professional services under this Agreement. The Contractor is not obligated to indemnify or hold harmless the County for the negligent acts of the County, Board of County Commissioners, or any of its officials, officers, directors, agents, and employees.

Indemnification – Costs. The Contractor shall, to the extent provided by law, investigate, handle, respond to, and provide defense for and defend against, any such liability, claims or demands at the sole expense of the Contractor or, at the option of the County, agrees to pay the County or reimburse the County for the defense costs incurred by the County in connection with any such liability, claims or demands. The Contractor shall, to the extent provided by law, bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims or demands alleged are groundless, false or fraudulent. If it is determined by the final judgment of a court of any competent jurisdiction that such injury, loss or damage was caused in whole or in part by the act, omission or other fault of the County, Board of County Commissioners, officials, officers, directors, agents and employees, the County shall reimburse the Contractor for the portion of the judgment attributable to such act, omission or other fault of the County, Board of County Commissioners, officials, officers, directors, agents and employees.

20. FEDERAL STANDARDS COMPLIANCE: All services to be purchased in conjunction with this Solicitation shall be in accordance with all governmental standards to include, but not be limited to, those issued by the Office of Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA).

21. VARIATIONS ALLOWED IF INDICATED: For purposes of Response evaluation, Contractors must indicate any variances to the Specifications, terms, and conditions, and attached Sample Agreement no matter how slight. If variations are not stated in the Contractor's Response, it shall be construed that the Response fully complies with the Specifications, terms, and conditions, and the attached Sample Professional Services Agreement. Notwithstanding the above, it is hereby agreed and understood that the County reserves the right to reject these variations if they individually, or as a whole, do not meet the standards established in the Specifications.

22. EQUAL OPPORTUNITY: El Paso County intends and expects that the contracting processes of the County and its Contractors provide equal opportunity without regard to gender, race, creed, ethnicity, religion, age, sex, national origin, 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 the contract and shall make available equal opportunities to the extent third parties are engaged to provide goods and services in connection with performance of the contract (joint ventures are encouraged). The Contractor shall disseminate information regarding all subcontracting opportunities under this contract in a manner reasonably calculated to reach all qualified potential subcontractors who may be interested. The Contractor

Statement of Qualifications #SOQ-25-038 Page 13 of 40 shall maintain records demonstrating its compliance with this article and shall make such records available to the County upon the County’s request.

23. PURCHASE BY OTHER GOVERNMENTAL AGENCIES: Each governmental unit which avails itself of this Solicitation will establish its own contract, place its own orders, issue its own purchase orders, be invoiced there from, make its own payments, and issue its own exemption certifications as required by the Contractor. It is understood and agreed that El Paso County is not a legally binding party to any contractual agreement made between any other governmental unit and the Contractor as a result of this Solicitation.

24. CONFIDENTIALITY: Responses to this Solicitation are considered to be working documents while they are under consideration and, as such, are not subject to official bid openings. The only information released at the receipt of Responses to this Solicitation will be the names of the respondents. Only after staff make an official recommendation of award and a contract is fully executed will Responses to this Solicitation be available as public record.

Responses submitted to the County for consideration shall be subject to the Colorado Open Records Law, Section 24-72-201, et seq., C.R.S., after the award is made. Any confidential information in the Contractor’s Response shall be identified as such. Should the County receive a request for the release of any information in the Contractor’s Response identified as confidential in accordance with the open records law, the County will notify the Contractor of the request and will exercise best efforts in assisting the Contractor in taking all legally available steps to resist or narrow such request. If, in the opinion of County’s legal counsel, the County is nonetheless compelled to disclose any portion of such information to anyone or else stand liable for contempt or suffer censure or penalty, the County may disclose such information without liability.

25. GRATUITIES AND KICKBACKS: It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee (within six months of termination from County employment), or for any employee or former employee (within six months of termination from County employment) to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding of application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.

It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime Contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. In the event that any gratuities or kickbacks are offered or tendered to any El Paso County employee, the proposal shall be disqualified and shall not be reinstated.

26. DEBARMENT: By submitting this bid/proposal, the bidder/proposer warrants and certifies that he/she is eligible to submit a bid/proposal because he/she is 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.

27. BUDGET: Budget will not be disclosed.

LOGOS: The County logo is trademarked and property solely of El Paso County. Contractors do not have permission to use our logo on any documentation or presentation materials and to do so would be a violation of our trademark.

Statement of Qualifications #SOQ-25-038 Page 14 of 40

Statement of Qualifications #SOQ-25-038 Page 15 of 40

1. APPLICABILITY. These General Terms and Conditions apply, but are not limited, to all bids, proposals, qualifications and quotations (hereinafter referred to as “Offers” and/or “Responses”) made to El Paso County (hereinafter referred to as "County") by all prospective suppliers (herein after referred to as "Contractors") in response, but not limited to, Invitations to Bid, Invitations for Bids, Requests for Proposals, Requests for Qualifications, and Requests for Quotations (hereinafter referred to as “Solicitations”).

2. CONTENTS OF OFFER

2.1 General Conditions. Contractors are required to submit their Offers 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 required by the conditions of the Solicitation. No plea of ignorance by the Contractor of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of the contract documents will be accepted as the basis for varying the requirements or the compensation to the Contractor.

2.1.2 Contractors are advised that all County contracts are subject to all legal requirements contained in County ordinances, the Contracts and Procurement policies and state and federal statutes. When conflicts between the Solicitation and these legal documents occur, the highest authority will prevail.

2.1.3 Contractors are required to state exactly what they intend to furnish to the County via this

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

2.1.4 El Paso County intends and expects that the contracting processes of the County and its

Contractors provide equal opportunity without regard to race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law. Accordingly, the Contractor shall not discriminate on any of the foregoing grounds in the performance of the contract.

2.1.5 All Offers and other materials submitted in response to this Solicitation shall become the property of the County and will be a matter of public record. Contractors must identify, in writing, all copyrighted material, trade secrets and/or other proprietary information that it claims are exempt from disclosure under the Open Records Act.

Any Contractor claiming an exemption must identify the specific provision of the Open Records Act that provides an exemption from disclosure for each item that the Contractor claims is not subject to disclosure and must submit an additional original copy of the Response with each exempt item clearly redacted. Any Contractor claiming an exemption must also state in its Response that the Contractor agrees to defend, indemnify, and hold harmless the County and its officers and employees from any action brought against the

GENERAL TERMS AND CONDITIONS

Statement of Qualifications #SOQ-25-038 Page 16 of 40

County for its refusal to disclose any purportedly exempt material, trade secrets and other proprietary information to any party making a request, therefore.

Any Contractor who fails to include an exemption statement along with the additional redacted copy of the Response shall be deemed to have waived any right to an exemption from disclosure as provided by the Open Records Act.

2.2 Clarification and Modifications in Terms and Conditions

2.2.1 Where there appear to be variances or conflicts between the General Terms and

Conditions, the Special Terms and Conditions and the specifications outlined in this Solicitation, the specifications then the Special Terms and Conditions will prevail.

2.2.2 If any Contractor contemplating submitting an Offer under this Solicitation is in doubt as to the true meaning of the specifications, the Contractor must submit a written request for clarification to the County's Contracts and Procurement Manager or their designee as outlined in the Special Terms and Conditions. The Contractor submitting the request shall be responsible for ensuring that the request is received by the County’s buyer by the date and time listed in the Schedule of Activities for submitting question(s) or as stated in the Special Terms and Conditions.

Any official interpretation of this Solicitation must be made by the County's Contracts and Procurement Manager or their designee. The County shall not be responsible for interpretations offered by other employees of the County.

The County shall issue a written addendum if substantial changes which impact the technical submission of Offers are required. Addenda will be posted on the Rocky Mountain E-Purchasing System web site (http://www.rockymountainbidsystem.com) as well as the El Paso County web site (http://www.elpasoco.com). Contractors are responsible for either revisiting one of these websites prior to the due date or contacting the Contracts and Procurement Manager or their designee named on the Cover Sheet of this Solicitation to ensure that they have any addenda which may have been issued after the initial download.

The Contractor shall certify its acknowledgment of the addendum by signing the addendum and returning it with its Offer. In the event of conflict with the original contract documents, addenda shall govern all other contract documents to the extent specified. Subsequent addenda shall govern over prior addenda only to the extent specified.

2.3 Prices Contained in Offer-Discounts, Taxes, Collusion

2.3.1 Vendors may offer a cash discount for prompt payment. Discounts may be considered in determining the lowest net cost for the evaluation of Offers; discounts for periods of less than twenty days, however, will not be considered in making the award. If the Vendor 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.

2.3.2 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. Materials purchased directly by the Contractor in conjunction with this contract will, however, be subject to applicable state and local sales taxes. These taxes shall be borne by the Contractor. Under no circumstances http://www.rockymountainbidsystem.com/

Statement of Qualifications #SOQ-25-038 Page 17 of 40 shall Contractor be authorized to use the County’s tax exemption number in acquiring such materials.

2.3.3 The Contractor, by affixing its signature to this Solicitation, certifies that its Offer is made without previous understanding, agreement, or connection either with any persons, firms or corporations making an Offer for the same items, services, or with the County. The Contractor also certifies that its Offer is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.