25-047-1025 - Election Printing and Mailing - RFP.pdf

Procurement

1101 Eas t 2 n d Ave Durang o, CO 81301 (970 )382 -6433

La Plata County

Clerk and Recorder

Request for Proposals (RFP)

Election Printing and Mailing

RFP #: 25-047-1025

Let Date: September 22, 2025

Submittal Deadline: November 6, 2025, 10:00 AM MST

Deliver responses to:

KHightower@lpcgov.org and SIwanicki@lpcgov.org

NOTICE: La Plata County will not be responsible for the authenticity or correctness of any information obtained in any manner other than through the media posted at

Rocky Mountain E-Purchasing System: www.bidnetdirect.com mailto:KHightower@lpcgov.org mailto:SIwanicki@lpcgov.org http://www.bidnetdirect.com/

INDEX

Legal Advertisement page 3

Request for Proposal Information page 4

Offeror/Contractor Qualifications page 4

Introduction and Scope of Work page 5

General Conditions page 6

Proposal Submittal Requirements page 8

Selection/Evaluation Process page 10

Evaluation Criteria page 11

Awardee Contract Requirements page 11

Business Information Form page 13

Colorado Open Records Act Notice Acknowledgment and Indemnification form page 14

Local or Regional Preference or Certification Statement page 15

Sample Notice of Award and Independent

Contractor Agreement page 17

The following public notice was published in a newspaper of general circulation as required for this project:

Advertisement for Request for Proposals (RFP)

Clerk and Recorder

Project #: 25-047-1025

Notice is hereby given that the La Plata County Board of County Commissioners (BOCC), through the La Plata

County Procurement Division, is seeking proposals from qualified contractors for the election/ballot printing and mailing needs of the La Plata County Clerk and Recorder’s Office.

Proposals must be received by the staff of the La Plata County Procurement Division no later than

November 6, 2025, 10:00 AM MST. Proposals shall be emailed, with the subject line stating “Election

Printing and Mailing, RFP #25-047-1025” to: KHightower@lpcgov.org and SIwanicki@lpcgov.org.

Proposals received after the closing date and time will be rejected. (Note: Procurement will acknowledge receipt of your bid submittal within twenty-four hours; if you do not receive that confirmation, please contact

Procurement immediately.)

Specifications and/or supporting documents can be downloaded, at no charge, from Rocky Mountain E-

Purchasing System, https://www.bidnetdirect.com/colorado. In order to receive specifications, offerors must obtain the documents from the Rocky Mountain E-Purchasing System.

The County reserves the right to reject any and all responses, to waive any informalities and minor irregularities in responses, and to accept the response deemed, in its opinion, to be in the best interest of

La Plata County.

Refer questions regarding this RFP opportunity to KHightower@lpcgov.org and SIwanicki@lpcgov.org.

Generally, contracts will be awarded to the responsible and responsive offeror whose proposal: meets the requirements set forth in this RFP; is priced within the budgeted amount; and, represents the best overall value for the County. The contract shall be awarded by the Board of County Commissioners, County

Manager, or Procurement Manager.

This RFP will be conducted in accordance with the regulations set forth in the La Plata County

Procurement Code: http://online.encodeplus.com/regs/la-plata-co/doc-viewer.aspx?tocid=092#secid-

Publish: September 26, 2025, and September 28, 2025

Distribution of Advertisement:

Original: Contract File

Newspaper: The Durango Herald

Website: www.bidnetdirect.com https://www.bidnetdirect.com/colorado mailto:KHightower@lpcgov.org mailto:SIwanicki@lpcgov.org http://online.encodeplus.com/regs/la-plata-co/doc-viewer.aspx?tocid=092#secid-489 http://online.encodeplus.com/regs/la-plata-co/doc-viewer.aspx?tocid=092#secid-489 http://www.bidnetdirect.com/

REQUEST FOR PROPOSAL INFORMATION

1. Submittal specifications and supporting documents can be downloaded, at no charge, from

Rocky Mountain E-Purchasing System, www.bidnetdirect.com. In order to receive submittal specifications, respondents must obtain the documents from the Rocky Mountain

E-Purchasing System.

2. Questions regarding this Request for Proposals (RFP) must be received by close of business no later than seven calendar days prior to the Submittal Deadline; submit questions to:

KHightower@lpcgov.org and SIwanicki@lpcgov.org. Answers to all respondents’ questions or requests for additional information will be issued in the form of an Addendum.

Addenda, if any, may address additions to, deletions from, or changes to the requirements of the project or contract documents. Copies of each Addendum will be posted on the Rocky

Mountain E-Purchasing System, www.bidnetdirect.com. Respondents are advised to monitor the Rocky Mountain E-Purchasing System for any Addenda that may be posted.

Respondents shall acknowledge receipt of each Addendum in their submission, and each

Addendum shall be considered a part of the contract documents. Failure to acknowledge receipt of any Addendum issued may invalidate a submission as incomplete.

3. The County will not be responsible for the authenticity or correctness of oral interpretations of the RFP documents, including Addenda, or for information obtained in any manner other than through the media posted at Rocky Mountain E-Purchasing System. Respondents are expected to examine the Scope of Work, General Conditions, Addenda (if applicable), and all other instructions and information provided. Failure to do so will be at the respondent’s risk.

4. All bids (i.e., proposed pricing) shall remain in force for a period of sixty (60) days after the date of the submittal deadline.

5. The County can participate in State of Colorado cooperative bids/agreements. If submitting a bid against an existing cooperative agreement, please provide contract name and number with your response.

6. Unless otherwise indicated, the prices shown in the bid/proposal shall not include taxes of any kind. La Plata County is exempt from all state taxation including state sales and use tax.

OFFEROR/CONTRACTOR QUALIFICATIONS

Offerors must meet the following minimum requirements:

• Minimum of four (4) years’ experience printing and mailing election materials for counties within the State of Colorado;

• Capacity for, and proven experience in, printing ballots/documents that contain variable data from a file;

• Experience printing ballots used with Dominion Voting; and, file://///fs02/ch_home$/HightowerK/RFQs%20IFBs%20some%20POs%20type%20biz/Steve%20-%20Project%20Review%20docs/www.bidnetdirect.com file://///fs02/ch_home$/HightowerK/RFQs%20IFBs%20some%20POs%20type%20biz/Steve%20-%20Project%20Review%20docs/www.bidnetdirect.com

• Ballots must be printed and shipped, if applicable, within the Continental United States of America and must be mailed to the individual voters within the State of Colorado to avoid prohibitive delays.

INTRODUCTION AND SCOPE OF WORK

Notice is hereby given that the La Plata County Board of County Commissioners (BOCC), through the La

Plata County Procurement Division, is seeking proposals from qualified contractors for the election/ballot printing and mailing needs of the La Plata County Clerk and Recorder’s Office, in accordance with the terms, conditions, and Scope of Work contained in this Request for Proposals

(RFP). Services and deliverables must adhere to relevant statutory requirements and deadlines established by the Colorado Secretary of State’s office as well as the La Plata County Clerk.

The Scope of Work – printing and mailing ballots and other election related materials – is a complex, time sensitive, and detail-oriented job that requires exactitude. Contractor must be able to provide audit trails regarding work performed. The County must be able to establish that the correct variable data/inserts/content was sent in the appropriate mailer and to the intended resident.

Typically, the Contractor prints and prepares all election related materials for mailing. Prepared materials are then ground shipped by the Contractor to a USPS General Mail Facility (GMF). The

County has a permit established with the USPS and an account to pay for postage. Currently, the

County’s election related materials are mailed out of Albuquerque, NM, GMF. While the County prefers use of the Albuquerque GMF for mailing of election related materials (materials are received by local residents sooner than if mailed from a different GMF), it is not mandatory;

alternative GMF facilities may be proposed.

The Contractor shall supply envelopes and services necessary to merge variable data for the preparation, printing, and mailing of mail out ballots. The quantities will vary depending on the election. In some cases, it could be as small as 5,000 and upwards to 50,000 pieces. La Plata

County ballots are standardized so there is no breakout between mail ballots or polling place ballots.

The general process for mail out ballots is as follows:

• Mail out ballots require two (2) envelopes that shall be provided and printed by the Contractor.

Both envelopes will contain two-sided, two-color, and printing. The outer envelope must contain a window so the printed address on the inner envelope shows through. The Contractor will be responsible for all expenses related to the delivery of the items to an approved Post Office as a part of the mailing out ballot processing.

• The ballot type must be carefully matched to each data record for mailing. The Excel file provided by the County with the variable data could contain a cell designating the ballot number to be used, if ballot numbers are used.

• Within two (2) business days from the receipt of the variable data, the Contractor shall provide a sample of the merged document to the County for review and approval prior to mailing. The

County will review and make corrections within two (2) business days. The Contractor shall be required to make the necessary changes and return new proofs or test samples within one (1) business day of the County’s response. The Contractor must be able to mail the ballots within fourteen (14) days of receipt of the variable data from the County. In some instances, the timeline will be less. This process is extremely time sensitive.

• The Contractor will be responsible for the folding, inserting, and mailing of specific ballots including a return envelope and informational insert.

• Any other requests for the printing for election related notices, documents, and mailings during the year may be given to the Successful Offeror. The County reserves the right to solicit any printing other than the items specifically contained in this RFP, regardless of the project cost for services, when it is deemed in the best interest of the County.

• The Contractor shall deliver a detailed invoice for each job completed.

The Contractor shall be responsible for the delivery and associated cost of all proofs to and from the County and the final printed ballots. The cost of services shall include any associated expenses to ensure the timely delivery and return. The general process for general election ballot printing is as follows:

• The Secretary of State certifies the ballot issues are final 57 – 60 days prior to an election. While every effort is made to meet or exceed the Secretary of State’s Certifications deadlines, pending legal action and legislative matters may cause delays in the process.

• Once the ballot is certified, the County will prepare and then submit it to the printer. The printer shall deliver twenty-five (25) test copies of each ballot style to the County within three (3) business days of receipt of the print file. Delays may create shorter processing deadlines.

• The County will proof and make corrections as necessary. If corrections are made, the printer will provide twenty-five (25) test samples of the corrected ballots within three (3) business days.

• Once all ballot test samples are approved, the printer will provide a minimum of fifty (50) style samples for testing by the various special districts.

• The final live ballots must be in possession of the election official thirty-two (32) days prior to the elections.

Tentative Project Schedule: The preliminary 2026 election schedule as determined by the Colorado

Secretary of State and coordinating entities is as follows:

• June – Primary Election

• November – General Election

• NOTE: Contract to include any special election if required.

Project Costs: For details regarding proposed project costs, including required materials, size, and style, see the Proposal Submittal Requirements.

GENERAL CONDITIONS

1. The selected Contractor will be required to enter into an Agreement with the County. The term of the Agreement shall be from the date of the Agreement execution until December

31, 2026. Pricing shall remain firm for the duration of the Agreement.

2. Depending on budget appropriations and the needs within General Services, the County reserves the right to reduce or increase quantities if deemed necessary by the County. Any substantial increase in quantity will require a written change order signed by both parties.

3. The County reserves the right to solicit any project, regardless of the project cost for Contractor services, when it is deemed to be in the best interest of the County.

4. The County reserves the right to amend or cancel a solicitation. Any response to a solicitation issued by the County may be rejected, in whole or in part, when in the best interest of the County. The County reserves the right to reject any and all submittals, to waive any informalities and minor irregularities in submittals, and to accept the submittal deemed, in its opinion, to be in the best interest of La Plata County.

5. Because this project involves the expenditure of public funds, this contract is contingent upon continued availability of such funds for payment. The obligations described herein shall not constitute a general obligation, indebtedness, or multiple year direct or indirect debt, or other financial obligations whatsoever within the meaning of the Colorado

Constitution or the laws of the State of Colorado.

6. Local government officials or employees shall not be interested in any contract made by them in their official capacity or by any body, agency, or board of which they are members or employees. A former employee may not, within six months following the termination of their employment, contract, or be employed by an employer who contracts with the County involving matters with which they were directly involved during their employment. For purposes of this section, “contract” does not include contracts awarded to the lowest responsible respondent based on competitive bidding procedures. See C.R.S. §24-18-201.

7. Open Records Notice: This invitation or request and all related documents produced by the respondent, proposer or the County are subject to the Colorado Open Records Act, C.R.S.

§24-72-201 et. Seq., as amended. Submittals marked confidential, proprietary or which otherwise propose to restrict or deny the public access to inspect any information or documentation contained therein may be disqualified or rejected by the County as against public policy. Please refer questions to your legal counsel.

8. La Plata County has a local and regional preference on the purchase of all goods and services unless specifically waived by the Procurement Manager at the time of let of RFP. To be considered for local or regional preference, vendors must turn in a completed “Local or Regional

Preference Certification Statement,” included herein. For details concerning Local or Regional

Preference eligibility please refer to the La Plata County Code, Section 20-36, III.

9. This project is subject to the terms of the La Plata County Procurement Code. The respondent may obtain a copy of the Code through a link on the County’s website:

PROPOSAL SUBMITTAL REQUIREMENTS

Proposals must be received by the staff of the La Plata County Procurement Division no later than

November 6, 2025, 10:00 AM MST. Proposals shall be emailed, with the subject line stating

“Election Printing and Mailing, Project #25-047-1025” to: KHightower@lpcgov.org and

SIwanicki@lpcgov.org. Proposals received after the closing date and time will be rejected. (Note:

Procurement will acknowledge receipt of your bid submittal within twenty-four hours; if you do not receive that confirmation, please contact Procurement immediately.)

All RFP responses must address each of the following. Do not exclude any major or minor items or information not specifically mentioned, but which would normally and reasonably be provided.

Please be advised that the greater the degree of specificity, the more likely it will be for the County to review your response favorably. Failure of the offeror to submit such information may cause an adverse impact on the evaluation of the RFP response. Note that details regarding format requirements are in the following section.

Offerors must provide the following information (unless noted as optional) in the order and with the numbering listed below.

Do not submit additional information that was not requested. Responses to item #2 below may not exceed four (4) pages.

Proposals that deviate from the requested format may be considered non-responsive.

1. Offeror Information – Use Enclosed Business Information Form, included herein, to convey the following information:

a) Company name

b) Address

c) Name, title, phone, and email address for person authorized to enter into an agreement with La Plata County.

d) Name, title, phone, and email address for Project Contact (if different from above).

2. Firm/Team Experience and References – Note: The Firm/Team Experience and References section may not exceed four pages.

a) Provide a complete description of your firm to include the number of years you have been doing business in the State of Colorado and the prior experience you have had with similar projects/contracts/agreements.

b) Include a statement related to your firm’s complete understanding and compliance with all of the project requirements. Provide a detailed narrative of how the proposal intends to meet the objectives of the County, as outlined. Include details regarding technical aspects of the project, such as handling sensitive personal information, and data management/integrity/security.

c) References. Offerors must provide evidence of no less than three (3) projects of similar scope, specifically with regard to election related materials. Include accurate contact information (name, title, phone number, and email), project description, and any other information as it relates to this RFP.

d) All respondents must submit written disclosure of any known potential conflicts of interest that may result during the course of performance of the services listed herein.

3. Project Costs – Offeror shall propose fixed pricing for each item below. Present proposed pricing in keeping with the format below.

Mail Out Ballot Processing:

Fees required to process variable data mail merge from the voter software for addressing, ballot folding and inserting of ballot, informational insert, and return envelope:

Description: Ballot Printing

a) 11” – 14” Ballot = $ .XX per ballot card

b) 18” Ballot = $ .XX per ballot card

c) 22” Ballot = $ .XX per ballot card

d) Database Set-up = $XXX

e) Standard ground shipping to GMF (preferably Albuquerque) = Included

f) State the location of the proposed GMF: ________________________

g) The jurisdiction is responsible for applicable taxes.

Description: Outgoing Process

a) Insertion (up to 3 pieces) = $ .XX per packet

b) Insertion (beyond 3 pieces) = $ .XX per additional piece

c) Election Set-up = $XXX

d) Mailing Services = Included

e) USPS Mailing Coordination & Statements = Included

f) Postage = Actual USPS Automation rates

Description: Envelopes/Inserts

a) Outgoing 6 1/8” x 9 7/8” White Envelope 2-color = $ .XX per envelope

b) Reply 5 7/8” x 9” White Envelope 2-color = $ .XX per envelope

c) Voter Instruction Insert 8 ½” x 11” folded to 5 ½” x 8 ½” 2-color = $ .XX

d) Additional Inserts 5 ½” x 8 ½” color = $ .XX

e) USPS Mail Piece Consult and Design = Included

f) Initial Envelope Composition = Included

All Shipping and Delivery: Prices above include any and all fees for timely delivery of all documents to La Plata County Clerk and Recorder, 679 Turner Dr., Ste. C, Durango, CO 81303 for proofs and live ballots.

4. Offeror must include a statement that certifies that they are not: debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal or state department or agency. The statement must address each detail listed.

5. A completed Colorado Open Records Act Notice, Acknowledgement, and Indemnification

Form (included herein).

6. A completed Local or Regional Preference Certification Statement (optional; included herein).

SELECTION/EVALUATION PROCESS

1. Generally, contracts will be awarded to the responsible and responsive offeror whose proposal meets the requirements set forth in this RFP; is priced within the budgeted amount; and, represents the best overall value for the County. The contract shall be awarded by the Board of County Commissioners, County Manager, or Procurement

Manager.

2. La Plata County reserves the right to conduct an extensive background check and consider historic information and fact gained from the offeror’s proposal, presentation, references, and other objective data, in the evaluation process.

3. The County may make such investigations, as it deems necessary, to determine the ability of the offeror to perform the work. The offeror shall furnish to the County all such information and data for this purpose as the County may request.

4. The County reserves the right to reject any proposal if the evidence submitted by, or investigation of, such offeror fails to satisfy the County that such offeror is properly qualified to carry out the obligations of the Agreement and to complete the Work contemplated therein.

5. The County reserves the right to reject any proposal if the offeror is found to be barred from conducting business with the federal government.

6. The County reserves the right to reject any and all proposals, to waive any informalities and minor irregularities in proposals, and to accept the proposal deemed, in its opinion, to be in the best interest of La Plata County.

7. The top-rated firms may be selected for a short list and then may be invited to make oral presentations if the oral presentation is deemed necessary. However, if one proposal is clearly above the other respondents based on selection criteria, an award recommendation shall be made without further review. If the oral presentations for a short list are needed, the committee will schedule oral presentations at a convenient time.

a. Discussions may be conducted with responsible offerors who submitted proposals determined to be potentially selected for award, for the purpose of clarification to ensure full understanding of, and conformance to, the solicitation requirements.

Offerors on the short list should ordinarily be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. The committee will then select a firm and make an Award Recommendation.

8. All offerors submitting proposals acknowledge and agree by submittal that the decision as to which proposal to select is within the sole discretion of the County.

EVALUATION CRITERIA

The County shall award the contract based on the evaluation criteria stated below. In determining the most qualified and responsible offeror, the evaluation committee will assign points to these criteria for a total score. The best total score will be considered low bid. The following criteria shall be considered:

Part 1: Evaluation Criteria for Establishing an Award or the Short List

• Experience

• References

• Project Costs

Part 2: Evaluation Criteria for Oral Presentations (if required)

The County will schedule those Offerors whose proposals were scored in the top tier during the

Evaluation Part 1 process, for a follow-up oral presentation, if an award decision has not already been made. Evaluation criteria will be provided to Offerors on the short list in advance of the presentations.

Note: The decision as to which offerors (i.e., the top-rated offerors) may be scheduled for oral presentations is anticipated to be made and communicated approximately November 19, 2025. It is anticipated that oral presentations from the top-rated offerors may be scheduled for

December 2 - 4, 2025. Please plan for and ensure your availability for those dates in the event that you are selected to meet with the Evaluation Committee.

After conducting oral presentations with Offerors on the Short List, the County may request Best and Final Offers (BOFA).

AWARDEE CONTRACT REQUIREMENTS

Time is of the essence. The party to whom the contract is awarded will be required to execute the Agreement and submit it, along with the insurance certificate and W-9 within ten (10) calendar days from the date of the Notice of Award. In case the offeror fails to execute the

Agreement in a timely fashion, the County reserves the right to exercise its option to consider the

Offeror in default.

Contract Forms. The Notice of Award and the County’s Independent Contractor Agreement shall apply. See attached sample.

Insurance. Contractor is required to hold throughout the initial term and all subsequent terms of this Agreement insurance in accordance with the contract documents. For details, see Exhibit C in the attached, sample Independent Contractor Agreement.

Worker’s Compensation. The Contractor is responsible for providing Worker's Compensation

Coverage for all of its employees to the extent required by law, and for providing such coverage or requiring its Subcontractors to provide such coverage for the Subcontractor's employees. In no case is La Plata County responsible for providing Worker's Compensation Coverage for any employees or Subcontractors of Contractor pursuant to this Agreement, and Contractor agrees to indemnify La Plata County, for any costs for which they may be found liable in this regard.

W-9. Contractor must supply the County with a completed W-9 form.

BUSINESS INFORMATION FORM

Complete with information for person Authorized to enter into Agreement

Complete with information for Project Manager/contact person (if different from above)

Printed Name:

Title:

Email:

Phone:

Company Name:

Authorized Signature:

Printed Name of Authorized Signatory:

Date:

Title:

Address:

City/State/Zip:

Email:

Phone:

Colorado Open Records Act Notice, Acknowledgement and Indemnification

INVITATION DESCRIPTION: Election Printing and Mailing, RFP #25-047-1025

Open Records Notice: This invitation or request and all related documents produced by the bidder or proposer and the County will be subject to the Colorado Open Records Act. C.R.S. § 24-72-201 et. seq., as amended.

Proposals or bids marked confidential, proprietary or which otherwise propose to restrict or deny the public access to inspect any information or documentation contained therein may be disqualified or rejected by the

County as against public policy. Further, all bidders or proposers must submit a duly executed copy of this

Colorado Open Records Act Notice, Acknowledgement and Indemnification (“CORA Acknowledgment”) as part of your submittal information. Bids and proposals submitted without a duly executed CORA Agreement will be deemed incomplete and will not be evaluated or considered for award of the contract. Please refer questions to your legal counsel.

Acknowledgement: I, the undersigned, on behalf of the bidder or proposer, acknowledge that I have read the foregoing Open Records Notice.

Indemnification: I hereby understand and agree that, regardless of whether or not a contract is awarded to the bidder/proposer listed below, the proposal or bid I am submitting as a result of this invitation or request is subject to the Colorado Open Records Act. C.R.S. § 24-72-201 et seq., as amended. Notwithstanding any other provision in the bid or proposal documents to the contrary, I agree, on behalf of the bidder or proposer, to indemnify, defend, save and hold La Plata County harmless from all costs, damages, and liabilities, including but not limited to court costs, expenses and reasonable attorney’s fees, that arise out of non-disclosure of information marked confidential, proprietary or otherwise redacted by us pursuant to CRS § 24-72-

204(3)(a)(IV), as amended. I understand and agree that these indemnification obligations shall survive the awarding of the bid for so long as La Plata County maintains the bid documentation related to this request or invitation.

Initial

I understand and agree that this CORA Acknowledgement shall be and is specifically incorporated into and shall constitute a part of the bid or proposal.

I further affirm and assert that I have been duly authorized to execute this CORA Acknowledgement on behalf of the bidder or proposer.

Bidder/ Name:

Executed By: ______

Date

Name, Title (Printed):

Local or Regional Preference Certification Statement

OPTIONAL FORM

La Plata County has a local and regional preference on the purchase of all goods and services unless specifically waived by the Procurement Manager at the time of let of IFB. To be considered for preference, vendors must turn in this completed certification statement for each project, with the bid submission. The local preference on the purchase of all goods and services, unless specifically waived by the Procurement Manager at the time of let of IFB, shall be five percent or $100,000, whichever is less, of the purchase price or five percent of the total score based on the award/evaluation criteria used. In no event shall the local preference exceed the amount of $100,000. The regional preference on the purchase of all goods and services, unless specifically waived by the Procurement

Manager at the time of let of IFB, shall be two percent or $40,000, whichever is less, of the purchase price or two percent of the total score based on the award/evaluation criteria used. In no event shall the regional preference exceed the amount of $40,000.

The following requirements for this certification are in addition to, not a replacement to, any requirements stated in the IFB:

A bidder is considered LOCAL if it:

(a) Has maintained a business office either leased or owned in La Plata County a minimum of six months prior to bid solicitation;

(b) Will use La Plata County residents, defined as maintaining primary residence in the County, for at least 50 percent of the total delivery of goods or services; and,

(c) Uses a fleet for the job comprised of no less than 50 percent La Plata County licensed vehicles.

A bidder is considered REGIONAL if the following criteria can be met for the region that includes the

Colorado counties of (La Plata—see LOCAL above) Archuleta, Montezuma, San Juan, or Dolores:

(a) Has maintained a business office either leased or owned in the region a minimum of six months prior to bid solicitation;

(b) Will use regional residents, defined as maintaining primary residence in one of the above counties, for at least 50 percent of the total delivery of goods or services; and,

(c) Uses a fleet for the job comprised of no less than 50 percent regionally licensed vehicles.

The Bidder hereby declares that the only persons or firms interested in the proposal as principal or principals is or are listed below and:

□ We DO meet the requirements for LOCAL Preference.

OR

□ We DO meet the requirements for REGIONAL Preference.

OR

□ We DO NOT meet the requirements for either Preference.

Continued on next page.

Local or Regional Preference Certification Statement

Required Additional Information

For details concerning Local or Regional Preference eligibility please refer to the La Plata County Code, Section 20-36, III.

Business Address: _______________________________

Specify length of time at location: ________________________________

Percentage of staff to be used on Project:

Local. La Plata County, Colorado Residents: ________________________________

Regional. Residents of the following Colorado counties: La Plata, Archuleta, Montezuma, Dolores or San

Juan: ________________________________

Percentage of vehicles to be used on Project registered in:

Local. La Plata County, Colorado: ________________________________

Regional. Registrations in the following Colorado counties: La Plata, Archuleta, Montezuma, Dolores and

San Juan: ________________________________

The County reserves the right to request proof of the above stated information.

Authorized Signature Date Company Name

Procurement

1101 Eas t 2 n d Ave

Durang o, CO 81301

(970 )382 -6433

NOTICE OF AWARD

September 22, 2025

«Firstname» «Lastname»

«ContractorName»

«address»

«CityStZip» «Email»

Re: «ProjectName», Project #«ProjectNumber»

Dear «LetterSalutation»:

You are hereby notified that the La Plata County Board of County Commissioners has accepted your bid for the above-referenced project in the amount not to exceed «Amount» subject to the execution and receipt of the required documentation. Within ten (10) calendar days, please return the following required documentation by email to: SIwanicki@lpcgov.org.

1. Executed Acceptance of Notice of Award (Page 2 of this Notice of Award);

2. Signed Contract;

3. Certificate of Insurance and/or Endorsements naming both La Plata County and the

Board of County Commissioners of La Plata County, Colorado, as Additional Insureds (see details in Exhibit C); and,

4. Proof of Workers' Compensation coverage.

If you should have any questions, please do not hesitate to call (970) 382-6432.

Sincerely, Kathryn Hightower Contract Agent

Enclosures: Acceptance of Notice of Award (Page 2)

Contract

Notice of Award September 22, 2025

ACCEPTANCE OF NOTICE OF AWARD

«ProjectName», Project #«ProjectNumber»

Receipt of the Notice of Award is hereby acknowledged on this _____ day of __________, 2025.

By: «Firstname» «Lastname»

Signature: ____________________________________________________________________

Title: «title»

Company: «ContractorName»

Please execute and return this form with the required documentation by email to:

SIwanicki@lpcgov.org.

INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement (“Agreement”) is made and entered into this

____ day of ______________, _______ between the Board of County Commissioners of La

Plata County, Colorado ("County") and «ContractorName» (“Contractor” or “«ShortName»”)

(collectively, the “Parties”) under the following terms and conditions:

1. Scope of Work

In accordance with the provisions of this Agreement, and its Exhibits and Attachments, «ShortName» shall perform the services set forth in the Final Scope of Work attached hereto as

Exhibit A (hereinafter, “the Services”).

2. Term

The term of this agreement shall be from «ProjectStart» until «ProjectClose», unless renewed under the circumstances set forth in Exhibit C to this Agreement.

3. Form of Payment

Payments for the Services rendered pursuant to this Agreement shall not exceed

«Amount» and is subject to written work orders amount to be paid at the rates set forth in Exhibit

B, which is attached to and incorporated into this Agreement. Payment is set at a contract rate for the Services, and is not set as a salary or hourly-employment rate.

4. Primary Contact

The following employee or agent of «ShortName» is hereby designated as the County’s primary contact respecting the Services performed under this Agreement, and shall directly supervise or have up-to-date information respecting «ShortName»’s provision of the Services.

«FirstName» «LastName»

Anytime «FirstName» «LastName» is not available, «ShortName»’s Responsible Officer shall act as primary contact unless and until «ShortName» assigns a replacement, the designation of whom shall be set forth in writing, with that writing attached to this Agreement.

5. Notice

All notices and other communications required or permitted under this Agreement shall be in writing and shall be delivered in person; by certified mail, postage prepaid, return receipt requested; by a commercial overnight courier that guarantees next day delivery and provides a receipt; or by electronic mail. Any such notice shall be effective on the earlier of the time when such notice is actually received or the third day following its deposit in the United States mail postage pre-paid, addressed to the Primary Contact or to such other address as either party may from time to time specify in writing to the other party.

Notice to the County shall be delivered to:

La Plata County Contract Manager

1101 E. 2nd Ave.

Durango, Colorado 81301

Notice to «ShortName» shall be delivered to:

«FirstName» «LastName»

«Address»

«CityStZip»

6. Insurance

a. Minimum Coverage Requirements

«ShortName» is required to hold throughout this Agreement’s initial term, and any and all subsequent terms, insurance policies with the minimum coverage requirements set forth in

Exhibit C.

b. Requirement to Maintain Aggregate Coverage Limits

If the aggregate limits of any insurance policy required under this Agreement are reduced below the amounts set forth in Exhibit C, because of claims made or paid during the required policy period, «ShortName» shall immediately obtain additional insurance to restore the full aggregate limit and furnish Certificate(s), Endorsement(s), or other document(s) showing compliance with this provision.

c. Insurance Term and Tail Coverage

If any insurance policy is written on a claims-made basis, «ShortName» warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this

Agreement, and that continuous coverage will be maintained, or an extend discovery period will be exercised, for a period of five years beginning from the time that Services under this

Agreement are completed.

d. Insurance Certificates

«ShortName» shall furnish the County with a Certificate of Insurance for each of the aforementioned insurance policies, along with a copy of the pages containing the Notice of

Cancellation provisions, at the commencement of this Agreement and again at every renewal of this Agreement, if any.

e. Failure to Maintain Required Insurance Coverage

Failure on the part of «ShortName» to procure or maintain the aforementioned insurance policies and minimum coverage limits will be a material breach of this Agreement, upon which

(notwithstanding any other provision to the contrary) the County may immediately terminate the

Agreement.

f. Deductible

Any and all deductibles or self-insured retentions contained in any of «ShortName»’s insurance policies required under this Agreement shall be assumed by and be at the sole risk of

«ShortName».

g. Primacy of Coverage

Coverage required of «ShortName» under this Agreement shall be primary over any insurance or self-insurance program carried by the County.

7. Payments Contingent on Continued Availability of Public Funds

Because this Agreement involves the expenditure of public funds, this Agreement is contingent upon the appropriation, budgeting, and availability of such funds for payment. The obligations described herein shall not constitute a general obligation, indebtedness, or multiple year direct or indirect debt, or other financial obligations whatsoever within the meaning of the

Colorado Constitution or the laws of the State of Colorado.

8. Independent Contractor Status

«ShortName» is an independent contractor, and not an employee of the County or the

State of Colorado, and is not subject to County or State of Colorado personnel systems.

«ShortName» is engaged in an independent trade, occupation, profession or business and is qualified to perform the Services pursuant to this Agreement. The County shall rely upon

«ShortName» expertise, and «ShortName» is free from control and direction by the County in its performance of the Services. The County shall not provide any training to «ShortName», nor oversee «ShortName»’s actual work, nor instruct «ShortName» as to how the work will be performed. «ShortName» is free to provide services to others and is not required to work exclusively for the County. «ShortName» is responsible for providing its own tools and benefits at its own cost. «ShortName» is and shall remain a separate and distinct entity from the County, and the County’s business operations shall in no way combine with «ShortName»’s business operations. «ShortName» is not entitled to workers’ compensation benefits or unemployment insurance benefits unless paid for by «ShortName». «ShortName» is obligated to pay federal (including social security) and state income tax on any monies earned pursuant to this Agreement.

9. Obligation to Comply with Applicable Laws

«ShortName» is responsible for complying with all employment laws and insurance laws relating to its own employees, and shall purchase and provide proof of workers’ compensation coverage for all such employees. «ShortName»’s workers’ compensation insurance coverage shall include a waiver of subrogation in favor of La Plata County.

«ShortName» shall perform the Services in compliance with all applicable federal, state, and local laws, ordinances, regulations, codes, and orders, including but not limited to C.R.S. §

24-34-402. Discriminatory or Unfair Employment Practices; Title VI of the Civil Rights Act of

1964; Section 504 of the Rehabilitation Act of 1973; Title II of the Americans with Disabilities

Act (if «ShortName» is a public entity); Title III of the Americans with Disabilities Act (if

«ShortName» is a private entity); and the Health Insurance Portability and Accountability Act of

1996 (HIPAA) (if «ShortName» is a covered entity as defined at 45 C.F.R. § 160.103), and the

Age Discrimination Act of 1975.

«ShortName» acknowledges that, pursuant to the Americans with Disabilities Act

(“ADA”), as amended (42 U.S.C. Sec. 1201 et seq.), programs, services and other activities provided by a public entity to the public, whether directly or through a vendor, must be accessible to the disabled public. «ShortName» shall provide the services specified in this

Agreement in a manner that complies with the ADA and any and all other applicable federal, state and local disability rights legislation at all times and at no additional cost to County, including but not limited to the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et.

seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C § 701 et. seq.; and the Colorado

Anti-Discrimination Act, C.R.S. 24-34-401 et. seq., as amended. Such compliance may include, but not be limited to supporting assistive software or devices such as large print interfaces, text-to-speech output, voice activated input, refreshable braille displays, and alternative keyboard or pointer interfaces, in a manner that, at minimum, is consistent with version 2.1 of the Web

Content Accessibility Guidelines (https://www.w3.org/TR/WCAG21/#background-on-wcag-2) or its successor standard as updated and adopted by any regulatory entity of competent jurisdiction. «ShortName» shall ensure that product maintenance and upgrades are implemented in a manner that does not compromise product accessibility at any time.

«ShortName» shall be responsible for obtaining all licenses and permits necessary to perform the Services, at «ShortName»’s expense, unless this Agreement specifically states otherwise.

10. Financial Management

At all times from the commencement date of this Agreement until completion of this

Agreement, «ShortName» and all subcontractors shall adhere to accepted principles of generally accepted accounting principles as made applicable to «ShortName» by statute, rule or regulation.

Such principles shall include all applicable administrative requirements, cost principles, and accounting principles imposed by federal or state agencies, and any federal or state law, rule, or regulation.

https://us-east-2.protection.sophos.com/?d=w3.org&u=aHR0cHM6Ly93d3cudzMub3JnL1RSL1dDQUcyMS8jYmFja2dyb3VuZC1vbi13Y2FnLTI=&i=NWUxM2IzNzJmNjY4YmQwZGEyYTdkMzM4&t=c2thMXduRkFNa3NQa3VlcW0zbG14M0lKTTFNRm04Z0p1blVtTjdTNnkycz0=&h=838e3961c0974050b03f84a618af7fa4&s=AVNPUEhUT0NFTkNSWVBUSVYHBeOO4Fu_mH0AOrVKwliooPSWZxOtWN1ynWmLI4_qZQ

11. Discretionary Audit

«ShortName» shall permit the County, through any of their duly authorized representatives, including an independent Certified Public Accountant of the County's choosing;

to inspect, examine, and audit «ShortName»’s (and any subcontractor's) records, books, accounts, and other relevant documents relating to this project, and subject to the requirements of federal and state laws governing inspection of records. Such discretionary audit may be requested at any time and for any reason from the effective date of this Agreement until 5 years after the date final payment for this project is received by «ShortName», or this Agreement’s termination, provided that the audit is performed during normal business hours.

12. Conflict of Interest

«ShortName» shall not engage in any business or personal activities or practices, or maintain any relationships, which conflict, or reasonably appear to conflict, in any way with

«ShortName»’s provision of the Services. If a conflict or the appearance of a conflict exists, or if

«ShortName» is uncertain whether a conflict or the appearance of a conflict exists, «ShortName» shall disclose the actual or apparent conflict to the County in writing, setting forth the relevant details for the County’s consideration. Failure to promptly submit a written disclosure or failure to follow the County’s direction in light of that disclosure shall be a breach of this Agreement.

13. Indemnification

«ShortName» hereby agrees to indemnify, defend, and hold harmless the County, and its elected officials; departments; agencies; officers; or employees, from all claims; costs and expenses; damages; and liability incurred by any of the above, and from any other damage; cost;

and liability to any person or property whatsoever, which is caused by an activity, condition, or event arising out of the negligent performance or non-performance of any provision of this

Agreement by «ShortName», its agents, or independent subcontractors. Indemnification is intended to extend to all such claims, irrespective of whether they are covered by insurance. The

County’s and its elected officials’; department’s; agencies’; employees’; or officers’ costs subject to indemnification by «ShortName» shall include court costs, litigation expenses, and reasonable attorney's fees. The indemnification obligations in this section shall survive expiration or other termination of this Agreement.

14. Governmental Immunity

Notwithstanding any other provision of this Agreement to the contrary, the County does not waive, either expressly or impliedly, any protection or immunity provided to it pursuant to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq.

15. County’s Right to Inspect

County reserves the right to periodically inspect «ShortName»’s work performed in the course of providing the Services. If that work is being performed incorrectly, the County may notify «ShortName» of such deficiency and offer «ShortName» an opportunity to correct said work in a timeframe deemed appropriate by the County. Or, if such incorrect work constitutes a substantial breach of this Agreement, County reserves the right to terminate this Agreement immediately upon written notice to «ShortName».

16. Modification and Amendment

This Agreement may not be amended except as follows:

a. Modification by Operation of Law

This Agreement is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and become part of this Agreement, as if fully set forth herein.

b. Programmatic or Budgetary Modifications.

No programmatic or budgetary modifications that may affect the Services shall be made by «ShortName» without the County's written authorization, after a written request by

«ShortName». The County may withhold such authorization in its discretion.

c. Other Modifications.

If either the County or «ShortName» desire to modify the terms of this Agreement other than set as forth in Subparagraphs 16(a) or (b) above, written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Agreement properly executed and approved in accordance with applicable law.

17. Ownership of Works

a. Definition

As used herein, the term “Works” shall mean all deliverables provided pursuant to this

Agreement, including, but not limited to, all documents, reports, designs, drawings, software, inventions, prototypes, discoveries, systems, cost estimates, specifications, writings, or other data that are conceived, produced, developed, and/or created by «ShortName» or jointly by

«ShortName» and County, in connection with the Services, as well as all copyright and patent rights, including refinements and improvements, to such Works.

b. County’s Exclusive Ownership of Works

«ShortName» agrees that County shall own exclusively all rights and interests in all

Works, and «ShortName» hereby warrants, conveys and assigns full, unencumbered title to all

Works. «ShortName» shall execute and deliver any documents that may be required to transfer ownership of the Works to County. At any time during or after the term of this Agreement, «ShortName» will not use or seek to use any of the Works for its own benefit or for the benefit of any other person or business or in any way adverse to County’s interests. Upon the termination of this Agreement, or at any other time upon request by County, «ShortName» shall promptly deliver all Works to County.

18. Colorado Open Records Act and Subpoenas to Produce Records

This Agreement and all documentation related to it, including but not limited to

«ShortName»’s bid or proposal, may be subject to the Colorado Open Records Act, C.R.S. § 24-

72-201 et seq., as amended (“CORA”). The County may also become obligated to comply with a subpoena…