biddoc.pdf

REQUEST FOR PROPOSALS

Proposal #: 26-0050

Title: Janitorial Services- Arvada Aquatics Center, Fitzmorris Recreation Center, Secrest Recreation Center

RFP Issued: August 11, 2026

Question Deadline: August 26, 2026

Proposals Due By: August 31, 2026 Emailed Proposals will be received by the Apex Park and Recrea:on District (“District”), un/l 4pm 31 August 2026 at PO@ApexPRD.Org

Projected Start Date: Varies by location; Arvada Aquatics Center – December 1, 2026; Fitzmorris Recreation Center – January 1, 2027, and Secrest Recreation Center – January 1, 2027

Desired Completion Date: N/A

Submit questions to: Hillary Roemersberger, Director of Recreation Services, HillaryR@ApexPRD.org Direct contact with the requesting department may result in vendor disqualification.

REQUEST FOR PROPOSALS

Janitorial Services – Arvada Aqua/cs Center, Fitzmorris Recrea/on Center, Secrest Recrea/on Center

Proposal documents must be received by the date and :me stated above. Proposals received aFer that deadline will not be opened. AGach any required suppor:ng informa:on or materials to the proposal documents.

Title the subject line of the email with Proposal due date above and YOUR COMPANY NAME.

Scope of work:

The Apex Park and Recrea:on District is seeking proposals from qualified firms to provide janitorial services for the Arvada Aqua:cs Center, Fitzmorris and Secrest Recrea:on Center. The District seeks a qualified contractor capable of providing consistent, high-quality janitorial services that maintain a clean, safe, and welcoming environment for patrons, program par:cipants, and employees.

Arvada Aqua:cs Center (AAC) 7904 Carr Dr, Arvada, CO 80005 Service Start Date: December 1, 2026

Fitzmorris Recrea:on Center 6340 Independence Street, Arvada, CO 80004 Service Start Date: January 1, 2027

Secrest Recrea:on Center 6820 W. 66th Avenue, Arvada, CO 80003 Service Start Date: January 1, 2027

Background:

The District seeks a qualified contractor capable of providing comprehensive janitorial services that maintain clean, sanitary, safe, and welcoming facili:es for patrons, guests, and staff. Services will include rou:ne cleaning, disinfec:ng, trash removal, restroom servicing, floor care, and other custodial func:ons as outlined in this Request for Proposals

(RFP).

Proposals shall include:

Relevant Experience

• Experience servicing recrea:on centers, fitness centers, aqua:c facili:es, schools, municipal buildings, or similar facili:es

• Descrip:on of comparable contracts currently or previously service

Staffing Plan

• Proposed staffing levels

• Supervision structure

• Employee training program

Quality Control Program

• Inspec:on process

• Communica:on procedures

• Issue resolu:on process

References Provide a minimum of three (3) references for contracts of similar size and scope.

Pricing Proposal Provide separate pricing for:

• Arvada Aqua:cs Center

• Fitzmorris Recrea:on Center

• Secrest Recrea:on Center

Include:

• Monthly service cost

• Annual service cost

• Pricing for addi:onal services

• Emergency response rates

• Any startup or transi:on costs

Deliverables

The successful proposer shall provide all labor, supervision, equipment, transporta:on, and consumable supplies as specified herein.

All work shall be performed in accordance with applicable federal, state, and local regula:ons, OSHA requirements, industry standards, and manufacturer-recommended cleaning prac:ces.

Arvada Aqua/cs Center (AAC) Service Start Date: December 1, 2026 Service Frequency: Monday through Friday, Weekends as determined by Event Calendar

Daily Cleaning Requirements

The Contractor shall:

• Clean and disinfect all toilets, sinks, fixtures, mirrors, and floors in lower and upper bathrooms.

• Clean and disinfect all toilets, sinks, fixtures, mirrors, and floors in the women’s and men’s locker rooms.

• Clean and disinfect all toilets, showers, sinks, fixtures, mirrors, and floors in individual cabanas.

• Clean and disinfect all sinks, fixtures, mirrors, and floors in the universal changing area.

• Clean all glass doors in locker rooms and the universal changing area.

• Clean and disinfect lobby, main-level hallways, and classroom floors.

• Dust and wipe down all windowsills in lobby, hallways, and spectator areas.

• Clean all windows in the main entrance ves:bule and lobby areas.

• Disinfect all high-touch surfaces including handrails, door handles, push plates, counters, drinking fountains, and other frequently touched surfaces.

• Vacuum the main ves:bule.

• Sweep and mop/scrub the main lobby staircase.

• Sweep spectator sea:ng areas and flooring.

• Wipe down all spectator sea:ng.

• Clean and disinfect high-top counters in spectator areas.

Weekly Cleaning Requirements

The Contractor shall:

• Vacuum all office spaces.

As-Needed Services

The Contractor shall:

• Restock all paper products in bathrooms and locker rooms.

• Remove and dispose of all trash and recyclables.

• Replace liners in bathrooms, locker rooms, lobbies, hallways, classrooms, and office spaces.

Fitzmorris Recrea/on Center Service Start Date: January 1, 2027 Service Frequency: Monday through Sunday

Nightly Cleaning Requirements

Entrance, Recep/on Areas, Offices, Fitness Rooms, Workout Areas, and Common Areas

The Contractor shall:

• Clean fingerprints and smudges from entrance glass doors.

• Vacuum carpeted walkways using a backpack vacuum.

• Vacuum or dust mop all hard surface floors, including areas between equipment.

• Wet mop or auto-scrub all hard surface to include fitness floor, hallways, bathrooms/locker rooms, and fitness studio floors nightly to remove stains, dirt, and spills.

• Wet mop areas between treadmills, circuit equipment, fitness machines, and under squat racks.

• Empty all trash receptacles and replace liners as needed.

• Remove trash to designated collec:on points.

• Spot clean horizontal surfaces to remove spills, marks, and coffee rings.

• Clean and disinfect all sinks, drinking fountains, and water coolers.

• Spot clean fingerprints and smudges from interior glass par::ons, mirrors, and walls.

• Use fresh cleaning cloths designated for these spaces.

Breakroom and Kitchen Areas

The Contractor shall:

• Wipe and disinfect all countertops.

• Clean and polish sinks and backsplash areas.

• Remove trash and replace liners as needed.

• Remove splash marks from around sinks and trash receptacles.

• Spot clean appliance exteriors.

• Vacuum carpeted areas and runners.

• Dust exposed horizontal surfaces.

• Use fresh cleaning cloths designated for food prepara:on and breakroom spaces.

Restrooms, Locker Rooms, and Showers

The Contractor shall:

• Empty trash receptacles and clean receptacles as needed.

• Disinfect door handles, par::on hardware, and light switches.

• Clean all dispensers, mirrors, fixtures, and exposed metal surfaces.

• Clean and disinfect sinks, toilets, toilet seats, and urinals.

• Spot clean shower walls and par::ons.

• Restock paper products, hand soap, and shower soap.

• Sweep and disinfect mop all floors.

• Remove fingerprints and spots from shower walls.

• Empty and disinfect sanitary napkin receptacles.

• Use fresh cleaning cloths designated solely for restroom and locker room cleaning.

Weekly Cleaning Requirements

All Areas

The Contractor shall:

• Dust all accessible horizontal surfaces using clean microfiber cloths, including desks, tables, bookshelves, computer monitors, file cabinets, windowsills, and wall hangings.

• Wipe and sani:ze telephone receivers and dust telephone bases.

• Vacuum all carpeted areas wall-to-wall, including corners and behind doors.

• Thoroughly mop or auto-scrub all hard surface floors including fitness floor, hallway, bathrooms/locker rooms, and fitness studio including corners and edges.

• Clean the interior and exterior of microwave ovens.

Restrooms, Locker Rooms, and Showers

The Contractor shall:

• Clean and sani:ze the exterior of trash receptacles and dispensers.

• Polish all dispensers, mirrors, fixtures, and exposed metal surfaces.

• High dust tops of doors, par::ons, mirrors, and air vents.

• Clean and sani:ze restroom par::ons and walls surrounding toilets and urinals.

Monthly Cleaning Requirements

All Areas

The Contractor shall:

• Dust all ver:cal surfaces of office furniture, including desks, tables, bookshelves, and file cabinets.

• Perform high dus:ng of ceiling air vents, tops of doors, door frames, ceiling corners, tops of cubicle walls, and elevated surfaces.

• Perform low dus:ng of baseboards, bathroom baseboards, chair legs, and furniture bases.

• Vacuum upholstered furniture.

• Damp wipe leather furniture.

• Clean spots and smudges from walls, doors, door frames, and light switches.

• Damp mop plas:c floor protectors and chair mats where applicable.

• Damp wipe cabinet fronts to remove fingerprints and smudges.

• Respond to emergency cleanup situa:ons as requested.

• Address unexpected spills or sanita:on concerns.

• Perform addi:onal spot cleaning of walls, doors, glass, and high-traffic surfaces.

• Restock paper products, hand soap, shower soap, and other consumable supplies.

• Remove and dispose of trash and recyclables as necessary.

Secrest Recrea/on Center Service Start Date: February 1, 2027

Service Frequency: Monday through Saturday, with seasonal Sunday service requirements as determined by facility opera:ons and programming.

Areas Included

The following areas shall be serviced:

• Open office space and offices

• Gymnasium

• Ac:vity rooms

• Hallways and corridors

• Locker rooms and shower areas

• Fitness center

• Common areas and entrances

Daily Cleaning Requirements

Trash Removal

The Contractor shall:

• Empty all trash receptacles and replace liners.

• Remove trash to the facility dumpster or designated collec:on area.

Restrooms and Locker Rooms

The Contractor shall:

• Clean and disinfect sinks, mirrors, toilets, urinals, par::ons, fixtures, showers, drinking fountains, and floors.

• Refill restroom and locker room supplies including:

o Hand soap o Shower gel o Paper towels o Toilet paper o Toilet seat covers o Sanitary disposal bag liners

Floors and General Cleaning

• Sweep, vacuum, and mop all flooring surfaces.

• Vacuum area rugs and entrance mats.

• Spot clean walls, doors, glass, and visible surfaces.

• Remove fingerprints and smudges from interior glass doors.

• Dust furniture, windowsills, ledges, and horizontal surfaces.

Offices and Kitchen Areas

The Contractor shall:

• Clean open office spaces and private offices.

• Clean kitchen and breakroom areas including countertops, sinks, tables, and appliance exteriors.

Disinfec/on and High-Touch Surfaces

The Contractor shall disinfect:

• Door handles

• Light switches

• Handrails

• Tables

• Bleachers

• Other frequently touched surfaces

Floor Maintenance

The Contractor shall:

• Auto-scrub hallways.

• Auto-scrub fitness center floors.

• Auto-scrub gymnasium floors in accordance with flooring manufacturer recommenda:ons.

Weekly Cleaning Requirements

The Contractor shall:

• Dust vents and return air grilles.

• Dust blinds and baseboards.

• Dust beneath and around fitness equipment.

• Clean interior glass and mirrors facility-wide.

• Deep clean restroom fixtures and dispensers.

• Mop floor edges and corners.

• Spot clean walls throughout the facility.

• Polish stainless-steel fixtures and surfaces.

• Clean all interior windows.

• Respond to emergency cleanup requests.

• Address spills and sanita:on concerns.

• Perform addi:onal spot cleaning of walls, glass, doors, and floors.

• Restock restroom supplies as necessary between scheduled services.

• Provide addi:onal service for special events, tournaments, rentals, and seasonal programming.

STAFFING REQUIREMENTS

The Contractor shall:

• Provide sufficient personnel to complete all required services.

• Designate a Contract Manager or Site Supervisor as the primary point of contact.

• Conduct employee background checks.

• Provide training in cleaning procedures, safety prac:ces, and chemical handling.

QUALITY ASSURANCE

The Contractor shall provide:

• Rou:ne quality inspec:ons.

• Ongoing supervisory oversight.

• WriGen inspec:on reports upon request.

• Correc:ve ac:on plans for service deficiencies.

• One-business-day response to performance concerns.

• Emergency response capability for urgent cleaning needs.

No Proposal may be withdrawn for thirty days aFer the date fixed for submiGal.

IT IS UNLAWFUL AND UNETHICAL FOR ANY PERSON TO OFFER, GIVE OR AGREE TO GIVE ANY DISTRICT EMPLOYEE, DISTRICT OFFICIAL OR FORMER DISTRICT EMPLOYEE, OR FOR ANY DISTRICT EMPLOYEE, DISTRICT OFFICIAL OR FORMER DISTRICT EMPLOYEE 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 OR 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 OR 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 THEREFOR.

IT IS UNLAWFUL AND UNETHICAL 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 OF ANY PERSON ASSOCIATED THEREWITH, AS AN INDUCEMENT FOR THE AWARD OF A SUBCONTRACT OR ORDER.

District reserves the right to reject any or all Proposals, to waive informali:es or irregulari:es in the Proposals received, to reject nonconforming, nonresponsive or condi:onal Proposals and to accept the Proposal which, in District’s judgment, is in its best interest.

Upon acceptance of any bid(s), District and the successful bidder(s) mutually agree as follows.

1. The term of this bid shall be for a period of 180 Days from its date of execu:on. This bid is binding on their heirs, successors and assigns of the par:es hereto. This agreement shall be renewable at the end of the current term for successive three (3) year term(s) unless either party gives wriGen no:ce of its inten:on not to renew 90 days before expira:on of the current term.

If either party shall fail to perform or observe any of the terms or condi:ons of this bid, the party claiming such failure shall give to the other party a wriGen no:ce of such breach. If within thirty (30) days from such no:ce, the failure has not been corrected; the injured party may cancel this bid by giving thirty (30) days wriGen no:ce.

ADMINISTRATIVE INFORMATION

SCHEDULE OF ACTIVITIES DEADLINES

1. Ques:ons due by August 26, 2026

2. Proposals received from interested firms August 31, 2026

3. Firm appointed by September 4, 2026

A. INQUIRIES

Prospec:ve proposers may make inquiries concerning this RFP to obtain clarifica:on of requirements.

Inquiries will be accepted IN WRITING ONLY by or before 31 August 2026. Send all inquiries to: Hillary Roemersberger, Director of Recrea:on Services, HillaryR@ApexPRD.org

B. SUBMITTAL

The Proposal should be sent via email to PO@ApexPRD.Org. Showing the following informa:on in the body of the email:

1. Name of organiza:on submipng proposal

2. Janitorial Services – Arvada Aqua:cs Center, Fitzmorris Recrea:on Center, Secrest Recrea:on Center

3. PROPOSAL DUE DATE: August 31, 2026

C. LATE PROPOSALS AND REJECTION OF PROPOSALS

Late Proposals will not be accepted. It is the responsibility of each proposer to ensure that the Proposal arrives.

District reserves the right to reject any or all Proposals and to waive informali:es and minor irregulari:es in Proposals received and to accept any por:on of Proposal or all items of Proposal if deemed in the best interest of District.

D. PROPRIETARY INFORMATION

Any restric:ons on the use of data contained within a Proposal must be clearly stated in the Proposal itself.

Proprietary informa:on submiGed in response to this RFP will be handled in accordance with strict confidence.

E. RESPONSE MATERIALS OWNERSHIP

All materials submiGed regarding this RFP become the property of District and will only be returned to the proposer at District’s op:on. Response may be reviewed by any person at Proposal opening :me and aFer final selec:on has been made. District has the right to use any or all system ideas presented in reply to this request, subject to the limita:ons outlined in Proprietary Informa:on above. Disqualifica:on of a proposer does not eliminate this right.

F. INCURRING COSTS

mailto:PO@ApexPRD.Org

District is not liable for any cost incurred by proposer prior to issuance of an agreement, contract, or purchase order.

G. ACCEPTANCE OF PROPOSAL CONTENT

The contents of the Proposal of the successful proposer will become contractual obliga:ons if contractual agreement ac:on ensures. Failure of the successful proposer to accept these obliga:ons in a purchase agreement, purchase order, contract, delivery order, or similar acquisi:on instrument may result in cancella:on of the award and such proposer may be removed from future solicita:ons.

H. AWARD OF THE PROPOSAL

The leGer of intent will be awarded to that proposer whose Proposal conforms to the RFP and will be the most advantageous to District, price and other factors considered.

I. EVALUATION CRITERIA

The Selec:on CommiGee will judge the merit of Proposals received in accordance with the general criteria defined herein. Failure of the proposer to provide in his/her proposal any informa:on requested in this RFP may result in disqualifica:on of the Proposal. The sole objec:ve of the elec:on CommiGee will be to select the Proposal which is most responsive to District needs. The specifica:ons within this RFP represent the MINIMUM performance necessary for response.

Evalua:on Criteria:

• Experience and Qualifica/ons (25%)

• Staffing and Service Approach (25%)

• Quality Control Program (20%)

• References and Past Performance (10%)

• Cost Proposal (20%)

P. TERMINATION

District shall, at any :me, have the right to terminate the contract for convenience upon giving fourteen (14) days wriGen no:ce to the awarded firm. In this event, the awarded firm shall be en:tled to the full amount of the approved es:mate of services sa:sfactorily completed.

Q. GOVERNING LAW

The laws of the State of Colorado shall govern any contract executed between the successful consultant and District. Further, the place of performance and transac:on of business shall be deemed to be in Jefferson County, State of Colorado. In the event of li:ga:on, the exclusive venue and place of jurisdic:on shall be the State of Colorado, and more specifically, Jefferson County.

R. NEWS RELEASES

Proposers shall make no news releases pertaining to this RFP without the express wriGen approval of District.

GENERAL TERMS AND CONDITIONS

1. PAYMENTS TO CONSTITUTE CURRENT EXPENDITURES. Financial obligations of the District, if any, after the current fiscal year are contingent on funds for that purpose being appropriated, budgeted and otherwise made available by the Board of Directors for the District. The District's obligations under the Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the District within the meaning of Article X, Section 20 of the Colorado Constitution.

2. TAXES. The District is not subject to taxation. Contractor shall not invoice the District for any state, federal or local taxes whatsoever. Upon written notification by the District, Contractor shall reimburse the District in a timely manner for any taxes erroneously paid by the District. The Colorado Department of Revenue, Certification of Exemption for Colorado State Sales/Use Tax account number for the District is 98-04914-0000. An exemption certificate will be provided, where applicable, upon request.

3. NO INDEMNIFICATION BY DISTRICT. The District is prohibited by Article XI, Section 1, Colorado Constitution, from indemnifying anyone. Therefore, notwithstanding any provision in the response to solicitation or proposed contract, lease, escrow agreement or any other type of agreement to the contrary, the District does not indemnify Contractor or anyone else under this Agreement.

4. INDEMNIFICATION OF THE DISTRICT.

A. Contractor: Notwithstanding any provision in the response to solicitation or proposed contract, lease, escrow agreement or any other type of agreement to the contrary, Contractor agrees to investigate, defend, indemnify and hold harmless the District, its elected officials, officers, employees, agents, insurers, and representatives from and against any claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorney fees and other costs and expenses of litigation, which may be asserted against or incurred by the District or for which the District may be liable, arising from the negligence, willful misconduct, or other fault of Contractor or its employees, agents, or subcontractors in performance of the Agreement. Nothing herein is intended to constitute a covenant, promise, or agreement to indemnify and hold harmless Arvada from any liability or damages directly caused by or attributable to District's own negligence. Nothing herein intended to be nor may be construed as a waiver of the immunities, protections, or limitations on damages provided to the District by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., as it may from time to time be amended.

(or) B. Architect, Engineer, Surveyor Services for Public Works Construction: Contractor agrees to hold harmless and indemnify the District, its officers and employees, from and against any liability or any claims, suits, or actions arising out of, made, or asserted for any damage to persons or property resulting from errors, omissions or fault of Contractor in connection with the performance by Contractor of obligations under this solicitation and any subsequent Agreement with the District. Nothing herein is intended to constitute a covenant, promise, or agreement to indemnify and hold harmless the District from any liability or damages directly caused by or attributable to the District’s own negligence. Nothing herein is intended to be nor construed as a waiver of the immunities, protections, or limitations on damages provided to the District by the Colorado Governmental Immunity Act, C.R.S. §§24-10-101 et seq., as it may from time to time be amended.5. OPEN RECORD REQUESTS. Notwithstanding any provision in the response to solicitation or proposed contract, lease, escrow agreement or any other type of agreement to the contrary, the District is obligated to comply with the Colorado Open Records Act (C.R.S. §§24-72-101 et seq.), which may require the District to disclose all or a portion of communications relating to the Agreement, or terms of same, or of any transaction under the Agreement, and other related matters. Contractor has been advised to familiarize itself with the Colorado Open Records Act. Therefore, any confidentiality provisions in the contract, lease, escrow agreement or any other type of agreement are subject to the provisions of the Act.

5. OWNERSHIP OF WORK PRODUCT. The originals of all plans, reports, studies, data, or other materials or information relating to the Work that are produced by Contractor shall be delivered to and become the property of the District. Contractor may retain copies of any originals; however, no plans, reports, studies, data, or other materials or information relating to the Work shall be released to any person or entity without the prior written consent of the District. Nothing in this clause is intended to affect Contractor’s right to use generic know-how learned in the course of providing services under the Agreement for the future benefit of the District or others.

6. ASSIGNMENT. Contractor shall not assign the Agreement without the prior written consent of the District, which will not be unreasonably withheld, conditioned, or delayed. Contractor may assign the Agreement to any successor to the business of the party by merger, consolidation, or sale of assets. No assignment shall be permitted that enlarges any duty, responsibility or obligation of the District, or that limits, curtails, or diminishes any right or privilege of the District without the District’s express written consent.

7. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of the Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the District and Contractor and nothing contained in the Agreement shall give or allow any such claim or right of action to any other third party on the Agreement. It is the express intention of the District and Contractor that any person other than the District or Contractor receiving services or benefits under the Agreement shall be deemed to be an incidental beneficiary only.

8. INDEPENDENT CONTRACTOR. Contractor and the District hereby represent that Contractor is an independent contractor for all purposes hereunder. As such, Contractor is not covered by any worker's compensation insurance or any other insurance maintained by the District except as would apply to members of the general public. Contractor shall not create any indebtedness on behalf of the District.

9. SUBCONTRACTING. Contractor shall not subcontract any of its responsibilities without the District's prior written approval, which will not be unreasonably withheld, conditioned, or delayed. Contractor shall be responsible for any failure by any subcontractor or subcontractor personnel to perform in accordance with the Agreement or to comply with any duties or obligations imposed on Contractor under the Agreement to the same extent as if such failure to perform or comply was committed by Contractor or Contractor's personnel. Contractor shall be the District's sole point of contact regarding the services, including with respect to payment.

10. ILLEGAL ALIENS; PUBLIC CONTRACTS FOR SERVICES. To the extent that obligations and responsibilities may be established by C.R.S. §§8-17.5-101 et seq., (as amended) (the "Act"), with respect to certain public entities and those contracting therewith as to the procurement of services:

A. Successful Vendor ("Contractor") shall not knowingly employ or contract with an illegal alien to perform work under the Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Agreement. Contractor confirms the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services through participation in either the E-Verify Program or Department Program (the "Program").

B. Contractor is prohibited from using Program procedures to undertake pre-employment screening of job applicants while the Agreement is being performed.

C. If Contractor obtains actual knowledge that a subcontractor performing work under the Agreement knowingly employs or contracts with an illegal alien, Contractor shall be required to:

(i). Notify the subcontractor and the District within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii). Terminate the subcontract with the subcontractor if within three (3) days of receiving the above notice the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the subcontract if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.

D. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to the authority established in the Act.

E. Any provision of the Agreement to the contrary notwithstanding, if Contractor violates any provision of this Section, the District may terminate the Agreement, without breach or default by the District, and Contractor shall be liable for actual and consequential damages to the District arising out of such violation.

F. Contractor represents that, prior to executing the Agreement, Contractor has certified that at the time of the certification, Contractor does not knowingly employ or contract with an illegal alien who will perform work under this public contract for services and Contractor will participate in either the E-Verify Program or Department Program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. By execution of this Agreement, Contractor shall be deemed to have renewed such certification.

G. Contractor acknowledges its responsibility to comply with the certification requirement pursuant to C.R.S. §8-17.5-102(2)(b)(I) (as amended).

11. Criminal Background Check. It is Apex Park and Recreation District’s policy to perform its work in the safest manner possible, consistent with safe work practices, and according to all governing laws and regulations. The safety and health of our employees, customers, patrons, contractors, and subcontractors, as well as others who may use our facilities is paramount due to the unique nature of the services and support Apex provides. Therefore, the Principal has the important role of ensuring that proper and full background screening of any/all contractors, subcontractors, or their employees who may work/visit any of our facilities in the commission of a contracted period of work are fully background checked and vetted before being allowed to access any Apex facility. Owners, Managers, and Supervisors at every level are charged with the task of ensuring that their employees are fully vetted per the agreement to perform work at any of the Apex facilities allowing for a positive and professional outcome for all parties involved. Therefore:

The Contractor agrees to comply with all requirements of sections of Colorado Statutes listed and identified below, and all of its personnel who: (1) are to be permitted access to Apex facilities, camps sites, or school grounds when customers/students are present,

(2) will have direct contact with customers/students, or (3) have access or control of facilities, camp, or school equipment, shall successfully complete the background screening required by the referenced statutes and meet the standards established by the statutes. This background screening will be conducted by the host Contractor in advance of the Contractor or its personnel providing any services under the conditions described in the contract or previous sentence. The Contractor Company shall bear the cost of acquiring the background screening required by Colorado Statutes, and any fee imposed by either the Colorado Department of Law Enforcement or National Law Enforcement Agencies to maintain the fingerprints provided with respect to the Contractor and its personnel. The parties agree that the failure of the Contractor to perform any of the duties described in this section shall constitute a material breach of this agreement entitling Apex Parks and Recreation District to terminate immediately with no further responsibilities or duties to perform under this agreement. The Contractor agrees to indemnify and hold harmless Apex Park and Recreation District, its officers, and employees from any liability in the form of physical or mental injury, death, financial or property damage resulting from Contractor failure to comply with requirements of this section or with sections of Colorado Statutes.

Contractor shall require each of Contractor’s subcontractors on the project to agree, in writing, to the provisions of this paragraph.

Disqualifying Offenses. If at any time it is determined that a person has a criminal misdemeanor or felony record associated with/to a child regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last seven

(7) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to any Apex facilities, customers, staff, or minor patrons or directly performing services under the Contract. The disqualifying offenses are:

• Child abuse/sexual assault related crimes

• The State of Colorado groups sex crimes into three basic categories:

o Sexual assault (penetration or intrusion): 18-3-402, C.R.S.

o Sexual contact (touching): 18-3-404, C.R.S.

o Sexual assault on a child: 18-3-405, C.R.S.

o Sexual assault on a child by one in a position of trust: 18-3-405.3, C.R.S.

• Violations involving children and/or minors.

https://www.lawinsider.com/clause/disqualifying-offenses https://www.shouselaw.com/co/defense/laws/sexual-assault-rape/ https://www.shouselaw.com/co/defense/laws/unlawful-sexual-contact/ https://www.shouselaw.com/co/defense/laws/sexual-assault-on-child/ https://www.shouselaw.com/co/defense/laws/position-of-trust/

Additionally, the Principal shall require that the Contractor complete an annual certification that their organization/company has not received an adverse report of guilt persons as described above for the Disqualifying Offenses and will maintain that certification in the contracting files.

12. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing contained in this or any of the exhibits attached thereto shall be construed as a waiver of any of the immunities, limitations, privileges, rights, procedures, or requirements contained in the Colorado Governmental Immunity Act, C.R.S. §§24-10-101 et seq.

13. RIGHT TO TERMINATE. The District shall have the right to terminate, without cause, the Agreement. Any such termination shall not be considered a breach of the Agreement or any extension thereof. In the event of termination by the District for convenience, Contractor will be paid for requested work performed up until the time of termination by the District, not to exceed the total amount of the contract price agreed upon by the parties.

14. COMPLIANCE WITH ALL LAWS. All of the services performed under this Agreement by Contractor shall comply with all applicable laws, rules, regulations and codes of the United States and State of Colorado, and with the charter, ordinances, rules and regulations of the City of Arvada.

15. WAIVER OF BREACH. A waiver by any party to the Agreement or the breach of any term or provision of the Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.

16. GOVERNING LAW AND VENUE. Notwithstanding any provision in the response to solicitation or proposed contract, lease, escrow agreement or any other type of agreement to the contrary, the Agreement shall be governed by the laws of the State of Colorado.

Venue for any action arising under the Agreement or for the enforcement of the Agreement shall be in the appropriate court for Jefferson County, Colorado.

17. FORCE MAJEURE. Any delays in or failure of performance by any party of his or its obligations under the Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party.

18. BINDING ARBITRATION PROHIBITED. The District does not agree to binding arbitration by any extra-judicial body or person.

Any provision to the contrary in response to the solicitation, or incorporated by reference, shall be null and void.

19. PARAGRAPH CAPTIONS. The paragraph captions in this solicitation or in the Agreement are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of the Agreement.

20. BINDING AUTHORITY. Contractor represents and affirms that the signature page hereof accurately states the full legal name of Contractor (whether as a corporation, partnership, limited liability company, sole proprietorship, or other), contains all requisite signature(s) on behalf of Contractor, has been properly acknowledged by attestation, notary acknowledgment, or both, and in all other respects is effective to bind Contractor, in accordance with all applicable statutes, regulations, resolutions, rules, bylaws, agreements, or similar sources of authority or limitation.

SPECIAL TERMS AND CONDITIONS

1. PRICES FIXED AND FIRM FOR THE TERM OF THE CONTRACT:

Prices proposed by the vendor shall remain fixed and firm during the term of the contract; however, the vendor may offer incentive discounts from the fixed price. This contract shall commence upon the date specified in the Contract or Purchase Order and shall remain in effect until such time as all items/services purchased in conjunction with this solicitation have been delivered and accepted by the District 's authorized representative. It shall be understood and agreed that any warranty period which exceeds this term shall remain in full force for the duration of the warranty period.

2. OPTION TO RENEW FOR SUBSEQUENT YEARS

The prices or discounts quoted in this Solicitation shall prevail for one year from the effective date of the contract, at which time the District shall have the option to renew the contract for 4 additional one-year periods; provided that the vendor provided satisfactory performance during the contract period. Continuation of the contract beyond the initial period is the District’s prerogative and not a right of the vendor. Unless otherwise notified in writing, the option period shall become automatic at the end of the original period.

During the option period, the District will/will not consider an adjustment to the pricing structure. For consideration, the vendor must document that it was subject to a price adjustment by the product manufacturer or a direct wholesale supplier. Any price adjustments shall not exceed the amount being passed on.

3. CONTENTS OF OFFER. Vendors are required to submit offers with the following conditions:

1) Vendors shall make all investigations necessary to inform themselves of the facilities affected by the delivery of products and services required by the Solicitation.

2) Any official interpretation of the Solicitation may only be issued by an authorized agent of the District. The District shall not be responsible for other interpretations offered by employees not authorized.

3) The District shall issue Addenda if substantial changes are required which may impact the content and submission of Offers.

A copy of such addenda will be publicly posted with the original RFP posting.

4) The apparent silence or omissions within this Solicitation regarding a detailed description of the materials or services shall be interpreted to mean that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be provided.

4. CLARIFICATION AND MODIFICATIONS. The contract resulting from this solicitation will be subject to the Solicitation materials, City Ordinance, State and Federal Statutes. When conflicts occur, the highest authority shall prevail. Vendors are required to indicate any variances to the terms, conditions, requirements and specifications of this Solicitation; no matter how slight. If variations are not stated in the vendor's Offer, it shall be agreed that the vendor's Offer fully complies with all conditions identified in this Solicitation.

5. ELIGIBILITY OF VENDORS: MUST BE ENGAGED IN SUPPLYING PRODUCTS OR SERVICES RENDERED.

Offers will only be considered from firms which have been engaged in the business of manufacturing or distributing the goods and/or performing services described in this Solicitation. Vendors must be able to produce evidence that they have an established satisfactory record of performance for at least two (2) years and have sufficient finances and structure to ensure that they can satisfactorily execute the Contract requirements, as determined by authorities of the District. The District reserves the right, before awarding the contract, to require a vendor to submit evidence of its qualifications including, but not limited to, financial, technical and other qualifications, as well as past performance with the District, for consideration in making the award in the best interest of the District.

6. CONFIDENTIAL DOCUMENTS

Vendors may designate specific pages or sections within their submission as trade secret or confidential commercial information or as otherwise protected by law (“Confidential Information”). Documents and data that are considered Confidential Information shall be clearly marked as such and separated from the rest of the solicitation submission documents. Comingling is not acceptable. The District does not favor blanket assertions of Confidential Information. Please note that blanket assertions that merely classify and/or broadly claim information is confidential are insufficient as a matter of law. See, International Brotherhood of Electrical Workers Local 68

v. Denver Metropolitan Major League Baseball Stadium District, 880 P.2d 160 (Colo.App. 1994) Any information that will be included in any resulting contract cannot be considered Confidential. Under no circumstances may submission pricing information be considered Confidential. In the event a formal contract is entered into with the District and a portion of the Proposal/Response carries a designation indicating the Vendor believes it is Confidential Information, then the District agrees that it will use its best efforts to forward any request for the disclosure of the Confidential Information to the Vendor. By its submission of the Proposal/Response, Vendor agrees to promptly respond to the request for disclosure with any objections and reasons therefor in accordance with the Colorado Open Records Act C.R.S. §§24-72-101 et seq. and any other applicable law. Further, Vendor agrees to assume the obligation to defend, hold harmless, and indemnify the District in any legal proceeding that arises from non-disclosure of documents or data pursuant to the Vendor’s objection.

7. COOPERATIVE PURCHASING

The District encourages and participates in cooperative purchasing endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council

(CPEC).

We hereby request that any member of MAPO/CEPC be permitted to avail itself of this contract and purchase, as specified by the contract resulting from this RFP, 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 District is not a legally binding party to any contractual agreement made between another governmental entity and the successful vendor as a result of this solicitation. The District shall not be liable for any costs or damages incurred by any other entity.

8. MODIFICATIONS TO EXISTING CONTRACT

Terms and conditions may be added, modified, and deleted upon mutual agreement between authorized agents of the District and the vendor provided that such terms and conditions remain within the scope and original intent of the Solicitation. Said terms and conditions may include, but are not limited to, additions or deletions of service levels and/or commodities, and increases or decreases in the time limits for an existing contract. Any and all modifications must be signed by authorized agents of the District and the vendor prior to the enactment of such modifications.

9. DELIVERY

Quoted prices and deliveries are to be FOB Destination freight prepaid and shall require inside delivery unless otherwise specified in the Special Conditions of this Solicitation. Title and risk of loss shall pass to the District upon inspection and acceptance by the District at its designated point of delivery; unless otherwise specified in the Special Conditions.

10. CONDITION OF MATERIALS AND PACKAGING

All materials and products supplied by the vendor in conjunction with this solicitation shall be new (unless otherwise specified in the Special Conditions), warranted, free from defects, and consistent with industry standards.

The Solicitation price shall include commercial packaging. The materials and products shall be delivered to the District in excellent condition for inspection by the District’s representatives. If the product(s) is damaged or a number of items or components are missing during shipment, the vendor shall either replace the damaged items (if shipped by the vendor) or be responsible for filing, processing and collecting all damage claims (if shipped by a contractor of the shipper). In the event that any of the materials and products supplied to the District by the vendor are found to be defective or do not conform to the specifications, the District reserves the right to return the product to the vendor at no cost to the District; either as an exchange for suitable merchandise or for full credit.

INSURANCE REQUIREMENTS

The following listed insurance requirements shall be carried by the selected vendor for the entirety of the contract. Applicable requirements for this solicitation are identified by completed check boxes.

1. Commercial General Liability, written on an occurrence form, for limits not less than $1,000,000 for bodily injury and property damage for each occurrence and not less than $2,000,000 aggregate. Coverage shall include premises and operations liability, blanket contractual, broad form property damage, products and completed operations and personal injury endorsements.

2. Workers’ Compensation and Employers Liability as required by statute. Employers Liability coverage is to be carried for a minimum limit of $100,000 each accident/disease and $500,000 aggregate.

3. Automobile Liability for limits not less than $1,000,000 combined single limit for bodily injury and property damage for each occurrence. Coverage shall include owned, non-owned and hired automobiles.

4. Umbrella Liability of $ , following form to the Commercial General Liability.

5. Builders Risk or Course of Construction Purchased by contractor to cover physical damage to property in construction or rehab. Contractors will ensure that City and subcontractors will be covered as additional insureds, excluding their own machinery, tools and equipment.

6. Professional Liability Professional Liability insurance in an amount of not less than One Million Dollars and No cents ($1,000,000.oo) per occurrence, covering the professional work contemplated under this proposal. The coverage shall have an extended reporting period of three (3) years following the date of substantial completion of the work for reporting of claims.

7. Pollution Legal Liability Insurance for limits not less than $1,000,000 per occurrence (or claims made) and not less than $1,000,000 aggregate for bodily Injury, personal Injury and property Damage.

8. Privacy/Network/Cyber Liability Insurance for limits not less than $1,000,000 for any firm providing product or services associated with IT, software, communication, or network.

Additional Insurance Requirements:

• Contractor will be required to, at its own expense, keep in full force and effect during the term of the Agreement, and during the term of any extension or amendment of the Agreement, insurance reasonably sufficient to insure against the liability assumed by Contractor pursuant to the provisions of the solicitation sent by the District.

• Issuance of a Purchase Order/Contract is contingent upon the receipt of the insurance documents. Work shall not commence before this requirement is met. If the vendor fails to submit the required insurance documents within fifteen

(15) calendar days after notice to submit such policies is given to the vendor by a District representative, the vendor may be in default of the Award.

• Except for Workers Compensation, Employer’s Liability insurance, Automobile Liability and Professional Liability insurance, the District must be endorsed as an additional insured on a Certificate of Insurance.

• All coverage must be written with carriers holding a minimum A.M. Best rating of A-:VII, and authorized to do business in Colorado. Coverage shall be primary, and any insurance held by the District is excess and non-contributory.

• The District reserves the right to require additional insurance coverage and other requirements