biddoc.pdf

REQUEST FOR PROPOSAL (RFP)

ON-CALL AQUATICS GENERAL MAINTENANCE

Solicitation No. RFP-PRL-26-751

SCHEDULE OF EVENTS

RFP Advertisement 07/17/2026 Pre-Proposal 08/03/2026 10:00 AM MST Deadline to Submit Questions 08/05/2026 6:00 PM MST Response to Questions 08/10/2026 6:00 PM MST Proposal Due Date 08/18/2026 2:30 PM MST Evaluation 08/18/2026-09/04/2026

The party submitting a proposal, hereinafter referred to as the Proposer, offers to furnish to the City of Westminster the materials, supplies, products, or services requested in accordance with the specifications and subject to the Terms and Conditions described herein.

The City utilizes the Rocky Mountain E-purchasing System (BidNet®) in the advertisement and facilitation of solicitations administered by the City's Procurement Division; therefore, respondents must ONLY rely on documents provided on the Rocky Mountain E-purchasing System (BidNet®) website or as communicated directly from the Procurement official. Only rely on this web address: https://www.bidnetdirect.com/colorado https://www.bidnetdirect.com/colorado

Table of Contents

SECTION A: RFP OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

A.2 TERM:

A.3 GENERAL MINIMUM REQUIREMENTS:

A.4 SCOPE OF WORK:

A.4.a Assignment of Work:

A.4.b Service Categories:

A.5 RFP ATTACHMENTS:

A.6 WORK SCHEDULE:

A.7 PRE-PROPOSAL CONFERENCE:

A.8 ELECTRONIC SUBMISSION OF PROPOSALS AND COMMUNICATION:

A.9 CLARIFYING QUESTIONS:

A.10 ADDENDA:

A.11 PRICING:

A.12 PRICE REDETERMINATION:

A.13 PAYMENT TERMS:

A.14 INSURANCE REQUIREMENTS:

A.15 WARRANTY GUARANTEE:

A.16 SPILLAGE:

SECTION B: PROPOSAL SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

B.2 CHANGES:

B.3 MODIFICATIONS TO PROPOSAL:

B.4 CONTRACT DOCUMENTS:

B.5 ACCEPTANCE PERIOD:

B.6 PROPOSAL CONTENTS AND FORMAT:

SECTION C: EVALUATION AND AWARD

C.1 EVALUATION OVERVIEW

C.2 PROPOSAL EVALUATION ITEMS:

C.3 EVALUATION AND SELECTION:

C.4 AWARD TYPE:

C.5 NOTICE TO PROCEED:

SECTION D: GENERAL RFP AND CONTRACT INFORMATION

D.1 PAYMENT CONDITIONS:

D.2 RFP CONDITIONS AND PROVISIONS:

D.4 GRATUITIES AND KICKBACKS:

D.5 NON-COLLUSIVE PROPOSER CERTIFICATION:

D.6 DISCLOSURE OF CONTENTS OF PROPOSALS:

D.7 COOPERATIVE PURCHASING:

SECTION A: RFP OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

The City of Westminster, hereinafter referred to as the City, is inviting qualified firms to submit proposals for maintenance, repair, and related services for pools, aquatic systems, and associated water features. This RFP outlines the scope of work, requirements, and conditions for proposing. The successful Proposer, hereinafter referred to as the Contractor, will enter into a contract with the City for the completion of the work outlined herein.

A.2 TERM:

It is the City’s intention to award this Contract for a term of five (5) years. The initial Contract will be one (1) year, with four (4), 1-year renewals. Any additional Contract extensions shall be in accordance with the City’s Procurement Policy.

A.3 GENERAL MINIMUM REQUIREMENTS:

Awarded Contractor(s) shall:

1. Furnish all labor, materials, tools, equipment, supplies and parts, services, tasks, transportation, incidental and customary work necessary to competently perform on-call troubleshooting, diagnosis and repair at all facilities owned or operated by the City of Westminster.

2. Comply with all codes, regulations, and industry standards.

3. Provide qualified personnel and maintain appropriate certifications.

4. Coordinate work to minimize disruption to facility operations.

5. Provide documentation of work performed upon request.

6. Vendor must have a minimum of 5 years’ experience performing services similar to those include in this scope of work.

7. Perform only within awarded categories and applicable licenses.

8. Invoices must be itemized, identifying the work performed, labor and parts/materials cost, and markup.

A.4 SCOPE OF WORK:

When the City has identified a need for professional services, the City may utilize an on-call contractor. City staff will determine what specific category, or categories, will best fit the needs for each task order.

The City’s usage of the Contractor’s services will be on an as-needed basis, so if there is no demand, then the services will not be utilized. For each service request, the Contractor and the City will agree upon the specific scope of work and cost for that task order. The City has the right to retain other firms at its sole discretion when the

City believes there will be an economic or other significant advantage to doing so.

Services for each contract will be provided on a negotiated fee basis per work order.

No minimum amount of work is guaranteed under these agreements.

Compensation will be based on time and materials with a not-to-exceed limit agreed upon by both the Contractor and the City before work begins for each task order.

A.4.a Assignment of Work:

When the City has identified a need for professional services, the City will solicit quotes from one or more Contractors within a category for each project or task order.

All parties will receive detailed documents, including project specifications, requirements, and submission guidelines. The City reserves the right to award work to the Contractor deemed in the best interest of the City for each task.

A.4.b Service Categories:

Services may be awarded by category. Contractors may perform work only within the categories for which they are awarded. The following is a non-exhaustive list of major work tasks that may be requested:

1. Aquatic Systems & Structural Maintenance

a. General aquatic systems repairs

b. Pool surface repairs, patches and re-plastering

c. Concrete pool deck re-etching

d. Expansion joint repair and replacement

e. Holding tank repairs, Auto-fill systems servicing and structural maintenance.

f. Leak detection and repairs

2. Pump, Mechanical, and Plumbing Systems

a. Pump troubleshooting, repair, and replacement

b. Plumbing and valve repairs

c. Mechanical system adjustments and maintenance

3. Electrical & Controls

a. Repairs to pool-related electrical components and wiring

b. Controller diagnostics, calibration, and repair

c. VFD and electrical panel diagnostics, calibration, and repair

d. Underwater lighting replacement

4. Filtration & Water Quality Systems

a. Filter re-bedding and media replacement

b. Filter cleaning and minor filter repairs

c. Sampling and operational adjustments

d. Heating elements troubleshooting, repair, and replacement

e. UV systems troubleshooting, repair, and replacement

5. Specialty Aquatic Features

a. Splash pads and outdoor water feature equipment repairs

b. Indoor interactive aquatic play features (Vortex or equivalent)

c. Steam room and dry sauna repairs

6. Pool Chemical Systems:

a. Pickup and replacement of damaged or defective chemical containers, when applicable

b. Chemical feeding systems repair and maintenance (Chlorine generator, Accu-Tab, CO2 and Acid-Rite)

A.5 RFP ATTACHMENTS:

Exhibit A Sample Services Contract Exhibit B Fee Schedule

A.6 WORK SCHEDULE:

All work on City property shall be done during regular working hours on regular working days (Saturdays, Sundays and Holidays excepted) or as follows:

1. Any excessively noisy work or other work which might disturb procedure at City Building shall be rescheduled through the Project Manager or Building Superintendent.

If a Contractor must work overtime, on City property, in order to meet required completion dates, they shall get advance approval from the agency involved, and hours of work shall be agreed upon.

A.7 PRE-PROPOSAL CONFERENCE:

A recommended pre-proposal conference will be conducted on the date and time listed in the Schedule of Events on the cover page. The solicitation terms and conditions will be reviewed and discussed at this time. Interested Proposers may attend virtually via Microsoft Teams.

Microsoft Teams Meeting Join: https://teams.microsoft.com/meet/289937579815410?p=stYjDT9yKmT8rmgs9x Meeting ID: 289 937 579 815 410 Passcode: gZ6B6XG9 Or call in (audio only) +1 720-739-8152 United States, Denver https://teams.microsoft.com/meet/289937579815410?p=stYjDT9yKmT8rmgs9x tel:+17207398152,,292894451

Phone Conference ID: 292 894 451#

A.8 ELECTRONIC SUBMISSION OF PROPOSALS AND COMMUNICATION:

The City is using Rocky Mountain E-purchasing System (BidNet®) to advertise and manage formal solicitations. Registration with BidNet® is free and provides access to view posted governmental proposals, with an optional paid notification service.

Submission of all proposals and clarifying questions for this solicitation must be done electronically through BidNet® at https://www.bidnetdirect.com/colorado/cityofwestminster no later than the date and time specified in the Schedule of Events. The City is not responsible for the Proposer's actions or interactions with BidNet® or other third-party services related to this RFP.

For more information or assistance with BidNet®, call 1-800-835-4603, Option 2.

A.9 CLARIFYING QUESTIONS:

The City is not bound by, and Proposers shall not rely on, any oral interpretations or clarifications of this RFP.

All questions must be submitted via BidNet no later than the date and time specified in the Schedule of Events. Responses will be posted on BidNet for public viewing.

Except for pre-proposal meetings or site visits, communication with City personnel outside of the Procurement staff may result in disqualification of the Proposer’s submission.

A.10 ADDENDA:

In the event it becomes necessary to revise, change, modify or cancel this RFP or to provide additional information, addenda will be issued and made available on BidNet®. It is the responsibility of the Proposer to confirm that they have reviewed all addenda related to this solicitation and they have reviewed and complied with the RFP requirements.

A.11 PRICING:

All prices quoted shall be hourly rate and unit pricing.

https://www.bidnetdirect.com/colorado/cityofwestminster

A.12 PRICE REDETERMINATION:

The contract pricing may be adjusted based on changes in the cost of labor, materials, or other relevant factors. Price adjustments may be requested at the time of contract renewal by the Contractor, with supporting documentation detailing the reasons for the increase. Any proposed adjustment will be subject to negotiation and approval by the City. Any cost reductions must be passed on to the City.

A.13 PAYMENT TERMS:

Contracts require that each task order be preceded by a detailed quote in accordance with the Contract terms. Work may begin upon the issuance of a valid Purchase Order.

The City will make progress payments based on monthly invoices submitted by the consultant in accordance with the approved Purchase Order and Fee Schedule.

Invoices must reflect the percentage of work completed during the billing period for each item listed in the Project Proposal and/or Fee Schedule.

Each invoice must clearly identify the following:

1. The approved contract value and fees/rates outlined in fee schedule.

2. Work completed to date, expressed as number of hours of each item listed in the submittal.

3. Current billing amount for work performed during the billing period.

4. Previously billed amounts and the remaining balance for each line item.

Invoices will be reviewed by the City for accuracy and approval before payment is processed. Payments will be made for work completed and approved during the billing period.

A.14 INSURANCE REQUIREMENTS:

The Contractor shall carry the insurance specified in Exhibit A, Sample Services Contract, which is included with this RFP, and shall submit proof of such insurance when delivering the executed Contract to the City of Westminster.

The City shall be named as an additional insured on the specified liability insurance policies and certificates of insurance. Insurance certificates required for this project shall be sent to the Project Manager, after the proposal has been awarded.

A.15 WARRANTY GUARANTEE:

The Service Provider shall be fully responsible for any and all warranty work, regardless of whether or not manufacturers of equipment, and/or its component parts, provide the actual warranty coverage. In addition, Proposer shall have or establish a single, local source that will accomplish or coordinate any necessary warranty work. Service Providers shall respond to requests for warranty assistance within twenty-four (24) hours.

A.16 SPILLAGE:

Proposer will be responsible for the cleanup of any contamination or spillage resulting from the delivery and unloading within twenty-four (24) hours of such spillage.

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SECTION B: PROPOSAL SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

This section outlines the submittal requirements for all documents and pricing.

Proposers must carefully follow these instructions and provide all requested information in the specified formats.

All proposals must be received by the date and time specified in the Schedule of Events on the cover page. Late submissions will not be considered.

Proposals submitted through BidNet are locked until after the due date. Bidders are encouraged to submit their bids well in advance to allow time for any technical issues, as late bids cannot be accepted by the system.

For assistance with bid submissions, please contact BidNet® at 1-800-835-4603, Option 2.

Proposers unable to submit electronically must submit a written request to the Procurement Analyst by the Question Due Date to receive permission and instructions for submitting a hardcopy bid.

B.2 CHANGES:

The City will not consider change orders or amendments unless they involve a change to the original project scope. Any items necessary for project completion that are not itemized in the proposal must be supplied by the Proposer at no additional cost to the City.

Omissions must be identified by the Proposer and listed as separate line items with pricing for inclusion in the proposal.

The City will not approve increases to the contract or purchase order (in amount or time) for items not included in the proposal.

B.3 MODIFICATIONS TO PROPOSAL:

No proposal may be modified or withdrawn after the submission deadline. If a firm submits more than one proposal, only the last submission will be considered.

Once submitted, a proposal becomes City property. The City shall retain all proposals submitted regardless of whether that proposal is selected in accordance with the City’s retention policy. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this RFP.

B.4 CONTRACT DOCUMENTS:

The City's Sample Contract is provided as Exhibit A of this RFP. The awarded Contractor will be required to sign a version of the Contract similar to the one in Exhibit A, with modifications to reflect the actual scope of services.

Any exceptions to the Contract terms must be clearly identified and submitted with the proposal as a redlined version of the City’s Contract. These exceptions will be considered during the evaluation of proposals.

The City reserves the right to reject any or all proposed modifications.

B.5 ACCEPTANCE PERIOD:

By responding to this RFP, Proposers confirm that their proposals are valid from the closing date of the RFP, through the initial contract term.

B.6 PROPOSAL CONTENTS AND FORMAT:

Proposals must be in Microsoft Word or an original PDF (not a scanned copy) as well as Excel if specified.

Proposals should address all items outlined in the SOW and align with the evaluation criteria, including the following:

1. Qualifications and Experience. Submit a detailed summary outlining the firm’s qualifications and experience for each category for firm proposes on.

Include the following:

a. Describe your firm’s ability to respond to short-notice and time-sensitive requests, including how your team manages unexpected project needs or schedule changes.

b. Demonstrate performance in the proposed category with specific examples of similar completed and ongoing projects.

c. Identify a minimum of three (3) references that have been provided services similar to those required by the City. References identified should demonstrate expertise in the category your firm is submitting for and include:

i. Point of contact for the client, including name, title, telephone number, and email address

ii. Summary of the work performed

iii. Contract term

iv. Project budget and final cost

2. Project Approach and Methodology. Submit a detailed narrative describing the firm’s understanding of these project objectives and outlining their approach to it. Include the following:

a. Describe your familiarity with applicable industry standards and building codes.

b. Describe any unique or special aspects or tools that your company brings to this RFP offering.

c. Describe your firm’s resources available for the services, including tools, supplies, and on-hand materials.

3. Key Personnel. Provide a detailed list of all key personnel involved in these services, accompanied by a brief description of/resume of their experience.

Describe staffing availability and how they will meet the requested service levels.

4. Project Cost and fee schedule. Total fee shall include all costs and expenses.

a. complete the attached Excel spreadsheet format

b. submit a separate fee schedule in a Microsoft Excel spreadsheet for alternative or additional pricing.

The cost schedule should address all requirements set forth in the SOW as well as any other items pertinent to your proposal pricing such as additional discounts for increased quantities, etc. The requirements have been developed to allow the City to uniformly evaluate prices submitted for the work.

5. Licenses and Certifications. Proof of valid Colorado contractor’s license and applicable certifications.

6. Insurance. Proof of the contractor’s insurance coverage (general liability, workers' compensation, etc.).

7. Sample Contract Redlines. (if applicable)

8. Certificate of Good Standing from the Colorado Secretary of State’s Office.

Successful vendors that are 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 and contracting.

9. Subcontractor List. Proposers must demonstrate to the City's satisfaction the reliability and responsibility of any proposed subcontractors based on the criteria outlined in these Instructions and Proposal Requirements. Prior to contract award, the City will notify the Proposer in writing if there are reasonable objections to any proposed subcontractors. In such cases, the Proposer may:

a. Withdraw its proposal, or

b. Submit an acceptable substitute subcontractor with an adjusted proposal to account for any cost differences. The City may, at its discretion, accept the adjusted proposal.

SECTION C: EVALUATION AND AWARD

C.1 EVALUATION OVERVIEW

The City does not discriminate on the grounds of race, religion, color, age, sex, disability, or national origin in consideration of an award. Disadvantaged business enterprises are afforded a full opportunity to submit proposals.

C.2 PROPOSAL EVALUATION ITEMS:

The Selection Committee will perform a preliminary evaluation of each proposal using the following criteria and weighting:

Evaluation Criteria Weight 1 Qualifications and Experience 35 2 Project Approach 35 3 Key Personnel 15 4 Proposed Cost and Fee Schedule 15 Total 100

C.3 EVALUATION AND SELECTION:

Selection shall be made to the highest scoring Proposer of the evaluation criteria of this RFP and in accordance with Westminster Municipal Code (W.M.C.) Title XV, Chapter 1, Section 15-1-5.

In evaluating proposals, the City shall consider the qualifications of the Proposers, and whether or not the proposals comply with the prescribed requirements. The City reserves the right to reject proposals that do not pass any such evaluation to the City's satisfaction.

C.4 AWARD TYPE:

Final award as a result of this RFP is contingent upon the successful execution of a City Contract.

Multiple awards may be made per category.

The City reserves the right to award part or all of the proposal.

C.5 NOTICE TO PROCEED:

Work shall not commence until a contract has been fully executed and the Contractor has received a City Purchase Order (PO). A Notice to Proceed is not considered valid unless it is accompanied by a PO.

SECTION D: GENERAL RFP AND CONTRACT INFORMATION

D.1 PAYMENT CONDITIONS:

Payment to the Contractor will be made within 30 days after the completion of services and acceptance of a proper invoice. The City reserves the right to withhold payment if the Contractor fails to comply with the purchase agreement or if services are deemed unsatisfactory by the City's inspection. The City will notify the Contractor promptly of any performance issues so that corrections can be made, if possible, before payment is delayed.

Final payment will not be made if the work is found incomplete or does not meet the agreed-upon specifications, including authorized changes. The Contractor must correct or complete any deficiencies before receiving final payment.

Under no circumstances will payment be made for work not authorized by the City, as evidenced by a Purchase Order.

D.2 RFP CONDITIONS AND PROVISIONS:

1. Submission: Proposals (including all required attachments) must be submitted electronically via the Rocky Mountain E-purchasing System (BidNet®).

2. Compliance: All Proposers must comply with the conditions, requirements, and instructions outlined in this RFP. If there are any omissions or conflicts in the instructions, the Proposer must seek written clarification from the Procurement Manager at least forty-eight (48) hours before the proposal opening.

3. Typographical Errors: Errors in proposal pricing may result in the loss of contract award.

4. Proposal Completeness: All requested information must be provided. Failure to submit complete information may result in disqualification.

5. City’s Discretion: The City reserves the right to postpone, cancel, or reject all proposals if deemed in the City’s best interest.

6. Pricing: Unit prices must be provided for each item. In case of discrepancies in price extensions, the unit price will govern.

7. Omissions: Failure to specify manufacturer’s brand, code, or style as requested may result in rejection of the proposal if deemed in the City’s best interest.

8. Waiver of Errors: The Procurement Manager reserves the right to waive minor errors or omissions and to reject any or all proposals, or to award a contract in part or whole, if in the City’s best interest.

9. Compliance with Specifications: The Contractor must comply with all terms, conditions, and specifications of this RFP. The City reserves the right to inspect the Contractor’s facilities and equipment to ensure compliance.

10. Eligibility: Proposals from entities in arrears to the City, or failing to meet required legal or regulatory compliance, will not be accepted. Proposers may be asked to demonstrate the necessary knowledge and financial capacity to perform the work.

11. Legal Compliance: The Proposer agrees to abide by all applicable laws, regulations, and ordinances of the United States, State of Colorado, and City of Westminster, securing all necessary licenses and permits.

12. Standards Compliance: All materials, supplies, equipment, and services provided must meet all applicable federal, state, and local codes.

13. Formal Contract: A formal contract will be prepared by the City, and the Contractor must sign and submit required insurance and documentation within ten (10) days (or as otherwise specified) from receipt of the contract.

14. No Liability for Costs: The City will not be liable for any costs incurred by the Proposer in the preparation of proposals or in connection with work performed prior to the contract’s execution.

15. Permits and Fees: The Contractor is responsible for procuring necessary permits, paying taxes, and complying with all associated fees. All costs should be included in the proposal price.

16. Tax Exemption: The City is exempt from City, State, and Federal sales/excise taxes.

Tax exemption certificates will be provided upon request.

D.3 PROTESTS:

This policy does not apply if all proposals are rejected or if the solicitation is cancelled without an award.

1. Right to Protest: Any Proposer or vendor who feels wronged (referred to as the

"aggrieved party") regarding the solicitation or contract award can protest to the Westminster Procurement Manager, Aran Raz, at araz@westminsterco.gov.

2. Timing of Protests:

a. Pre-Award: If the aggrieved party has concerns about the proposal specifications before the proposal opening date, they must submit their protest at least three (3) business days before that date. The aggrieved party must show that there’s a problem with the specifications. Late protests shall not be accepted.

b. Post Award. If the aggrieved party believes the award process didn’t follow the City’s Procurement rules, they must submit a protest within ten (10) business days after the intent to award is published on Rocky Mountain E- Purchasing System (Bidnet). The aggrieved party must show that the rules were not followed. Late protests shall not be accepted.

c. All protests must be made in writing to the Westminster Procurement Manager, Aran Raz, at araz@westminsterco.gov.

3. Written protest must include:

a. Name, address, and telephone number of the aggrieved party

b. RFP number and date of procurement

c. A clear explanation of the issues.

d. Any evidence or documents that support your protest

e. A detailed explanation of why you believe you are aggrieved.

4. Decision Authority: The Procurement Manager will review and decide on the protest within ten (10) business days of receiving it. The decision will address the issues raised and will be final.

Award Delay: If a protest is filed, the Procurement Manager may choose to delay the award until the protest is resolved.

D.4 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 City 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 City of Westminster employee, the proposal shall be disqualified and shall not be reinstated.

D.5 NON-COLLUSIVE PROPOSER CERTIFICATION:

By the submission of this proposal, the Proposer certifies that:

1. The proposal has been arrived at by the Proposer independently and has been submitted without collusion with any other Proposer.

2. The contents of the proposal have not been communicated by the Proposer, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the Proposer or its surety on any bond furnished herewith, and will not be communicated to any such person prior to the official opening of the proposal.

3. No Proposer shall submit more than one proposal for this purchase. It shall be the responsibility of each Proposer to obtain the prior written permission of the Procurement Manager before proposal opening in every situation in which the Proposer, due to corporate association or other affiliation, may be found to be impermissibly associated with another Proposer. Failure to observe this requirement could result in all such affiliated proposals being rejected.

4. Any proposer with multiple submissions, shall only have the last proposal considered to accommodate technical difficulty deleting a previous submission.

D.6 DISCLOSURE OF CONTENTS OF PROPOSALS:

The contents of all proposals become a matter of public record and a “Record” under the Colorado Open Records Act, § 24-72-201, et seq., C.R.S. (“CORA”). Upon request to the City, the disclosure of Records is mandatory, with the exception of those Records under CORA which are excluded from disclosure sometimes identified as business or trade secrets or proprietary matters (“Protected Items”). Protected Items so marked may not be disclosed unless disclosure is otherwise required under CORA. If a request is made under CORA for Records, the City will use reasonable efforts to notify the Proposer of the request, and it will be the responsibility of the Proposer to appropriately redact Protected Items from its submittal to the City. If a Proposer does not respond to the City to redact Protected Items as requested all Records may be disclosed by the City. If necessary, a Proposer shall seek a court order to protect their Protected Items, and will defend, indemnify, and hold harmless the City from any claim or action related to the City’s withholding of Protected Items.

D.7 COOPERATIVE PURCHASING:

The City of Westminster encourages and participates in cooperative purchasing endeavors undertaken by or on behalf of other governmental jurisdictions including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). We hereby request that any member of MAPO/CPEC by permitted to avail itself of this contract and purchase as specified by the contract resulting from this solicitation request, at the contract prices established therein. Each governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of Westminster is not a legally binding party to any contractual agreement made between another governmental entity and the Contractor as a result of this solicitation. The City shall not be liable for any costs or damages incurred by any other entity.