biddoc.pdf

REQUEST FOR PROPOSAL (RFP)

Unhoused Encampment Abatement and General Clean-Up Services

Solicitation No. RFP-PRL-26-072

SCHEDULE OF EVENTS

RFP Advertisement 09/01/2026 Pre-Proposal Conference 09/09/2026 10:00 AM MST Deadline to Submit Questions 09/11/2026 6:00 PM MST Response to Questions 09/15/2026 6:00 PM MST Proposal Due Date 10/02/2026 12:00 PM MST Evaluation 10/02/2026-10/21/2026

Procurement official: Whitney Moore Email: wlmoore@westminsterco.gov

Phone: 303-658-2064

Authorized Communications. From the date of issuance of this Solicitation until award, all communications regarding this Solicitation shall be directed only through BidNet and to the

Procurement official listed on the cover page, unless otherwise authorized by the City.

Communication with other City personnel regarding this Solicitation may result in disqualification, in the City’s sole discretion.

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

Table of Contents

SECTION A: RFP OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

A.2 TERM:

A.3 SCOPE OF WORK / REQUIREMENTS:

A.3.a CLEANUP AND DISPOSAL:

A.3.b SAFETY AND TRAINING:

A.4 CONTRACTOR RESPONSIBILITIES:

A.5 CITY OF WESTMINSTER RESPONSIBILITIES:

A.6 RFP ATTACHMENTS:

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:

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.3 PROTESTS:

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 unhoused encampment abatement and general clean-up services. 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.

All payments and obligations under any resulting contract are subject to annual appropriation of funds by the Westminster City Council for each fiscal year. If the City Council does not appropriate funds for any fiscal year during the term, the contract will terminate as of the end of the last fiscal year for which funds were appropriated.

Nothing in this RFP or any resulting contract shall be deemed or construed as creating a multiple-fiscal-year direct or indirect debt or financial obligation under Colorado Constitution Article X, Section 20 (the TABOR Amendment).

A.3 SCOPE OF WORK / REQUIREMENTS:

The successful Contractor must have 5 years of experience performing these types of services. The successful Contract must have the technical expertise, equipment, experience, supervision, and management capabilities to perform any activities required for projects associated with hazardous waste handling and disposal. The services to be performed are on an on-call basis but in most cases will be scheduled with advanced notice. The Contractor must have the capability to respond to emergency cleanup requests 24 hours per day, 7 days per week.

Typical job sites may vary in size from large multi-day clean-up services, where roll-off dumpsters are needed to handle the volume of debris, to small encampment clean-up services with one tent and two or three 30-gallon trash bags of debris. Site locations may occasionally require confined space entry cleanup OSHA 29 CFR

1910.146 certification will be required for these instances. Sites may contain a variety of materials that contain hazardous materials, including biohazardous materials, garbage, general debris, human waste, constructed temporary shelters, and other items associated with homeless occupancy or illegal dumping.

Nothing herein guarantees any minimum amount of work to any contractor.

A.3.a CLEANUP AND DISPOSAL:

Cleanup and disposal duties may include but are not limited to:

1. Surveying sites, collecting debris, dismantling and removal of temporary structures, removal of trash, and removal of human waste.

2. Active and/or immediate health hazards to occupants or the immediate vicinity such as biological hazards (human excrement, garbage food waste, animal carcasses), chemical waste (flammable, explosive liquids/gases, caustics, acids, gases, reactions), hazardous materials/chemical hazards associated with methamphetamine production (anhydrous ammonia, ether/starter fluid, Muriatic or Sulfuric acid, solvents, methanol, pool chlorine, denatured alcohol), drug paraphernalia or hypodermic needles, tires, etc.

All disposal and clean-up activities must use State-approved (CDPHE Title 10 CCR 1007-3) handling and removal procedures for all material. Disposal shall be at a site permitted to accept such materials and approved by the City of Westminster.

The City of Westminster will not provide a laydown yard or temporary storage site for materials to be disposed of. The city does have a designated location at 11610 W.

100th Ave. for personal property to be transferred to when deemed necessary.

A.3.b SAFETY AND TRAINING:

Safety and appropriate training/licensing are critical requirements for the selected contractor. The contractor shall comply with all safety rules, protocols, and licensing requirements mandated by the State of Colorado and the City of Westminster.

1. Work may be performed in inclement weather. Job sites can be in heavy foliage, steep embankments, next to train tracks, and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. The Contractor shall perform a hazard assessment and provide all training and supplies necessary.

2. The Contractor shall be OSHA compliant to operate any heavy equipment required to complete the encampment clean-up work, including trash compactors, bulldozers, graders, or other ground-moving equipment.

3. The Contractor shall conform to all applicable occupational safety and health standards, rules, and regulations.

a. The Contractor shall provide all safety equipment and materials and will supply training as agreed.

b. The Contractor shall provide employees with appropriate safety apparel.

4. The Contractor shall be trained in OSHA’s Bloodborne Pathogen Standard

1910.1030. This training must be supplemented with precautions regarding West Nile Virus, Hantavirus, and Histoplasmosis.

5. Employees must have work procedures to safely manage urine, feces, solid personal hygiene items, syringes, and other materials which could pose a health threat. Wearing Personal Protective Equipment and following other protocols established for this situation must be followed.

A.4 CONTRACTOR RESPONSIBILITIES:

The contractor shall:

1. Supply all labor, materials, tools, protective clothing and gear, and equipment required to handle, remove, transport, and dispose of the waste materials, leaving a clean site.

2. Assign an onsite supervisor to provide all supervision and management of its crews and ensure all necessary safety procedures are followed.

3. Provide employees that are adequately trained and certified for material/waste spill, clean-up, management, transportation and disposal services. Certifications including but not limited to:

a. RCRA

b. DOT

c. OSHA

d. Amedecon 29CFR1910

e. Blood Bourne Pathogen 29CFR1910 134

f. HAZCON

g. PPE

4. Make accommodation to avoid damage to land and assets including but not limited to: rutting, trail damage or mud-tracking and any and all damage done by the contractor will be their responsibility to report and repair. If a job needs to be rescheduled to avoid damage, it is the responsibility of the contractor and onsite supervisor to report this to the City’s site lead and project manager.

5. Photograph the encampment site before and after the cleanup to document the condition of the site. The Contractor shall provide an electronic copy of the photographs via email within one week of task completions to accompany each invoice to the site lead and the city project manager for their records.

6. Provide the city with a detailed, itemized clean-up report accompanying the cleanup invoice for each site. Multiple cleanups may be included in a single itemized invoice if they are done on the same day.

7. Follow best practice work procedures to safely manage and dispose of any hazardous materials found on the site, including urine, feces, solid personal hygiene items, syringes, and other potentially harmful materials, and ensure all solid and hazardous waste is handled and disposed of in accordance with all applicable laws including (CDPHE Title 10 CCR 1007-3).

8. Take reasonable steps to separate personal property valued at over $25 and/or personal identification documents from other material for proper storage.

9. Immediately contact the City site lead and/or the City of Westminster Police Department if any of the following items are found at the cleanup site:

a. Weapons

b. Illegal contraband

c. Essential personal property such as legal, military, medical documents, identification cards, or medications.

10. Transport personal property, as identified by City site lead or Contractor’s site supervisor for storage, to a site within the city of Westminster designated and directed by Westminster staff.

11. Perform work in a timely, efficient, courteous, and businesslike manner at all times.

12. Be fully licensed and permitted for hazardous material/waste transportation.

13. Be available to respond to emergency clean-up requests within two (2) hours of notification from the City.

14. Schedule routine work orders within 2 weeks of notice from the City, and once scheduled, the work must be fully completed within 48 hours.

A.5 CITY OF WESTMINSTER RESPONSIBILITIES:

The City shall:

1. Coordinate with the Contractor on a site-by-site basis to determine the work order for each encampment clean-up. The work order will establish the site start date, estimated timeframe of the work, staging areas, traffic control (if required), entry and exit locations and the name of the Contractor’s onsite supervisor

2. Post Health and Safety Mitigation clean-up notice at the work site prior to the commencement of each removal project, 24 hours in advance of the clean-up.

3. Provide police or ranger assistance during the clean-up if required. Typically, the City’s site lead will be a PRL ranger.

4. Assign a City site lead and City project manager.

A.6 RFP ATTACHMENTS:

Exhibit A Sample Services Contract Exhibit B Fee Schedule

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/217300083192687?p=oTZC3nTyePoRQTpgK9 Meeting ID: 217 300 083 192 687 Passcode: m6Yt396z Or call in (audio only) +1 720-739-8152 United States, Denver Phone Conference ID: 732 572 869#

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:

If it becomes necessary to revise, clarify, supplement, or cancel any part of this solicitation, the City will issue written addenda through BidNet. It is each Respondent’s responsibility to verify receipt of and compliance with all addenda.

A.11 PRICING:

All prices quoted shall be firm and fixed, unit pricing/hourly rates https://teams.microsoft.com/meet/217300083192687?p=oTZC3nTyePoRQTpgK9 tel:+17207398152,,732572869 https://www.bidnetdirect.com/colorado/cityofwestminster

Unit price for each item proposed on, shall be shown and shall be for the unit of measurement indicated. In case of error in extension of prices, the unit price will govern.

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:

Progress payments are authorized in this procurement. Progress payments will be made based on a net 30 schedule.

A.14 INSURANCE REQUIREMENTS:

The Contractor shall carry the insurance specified in Exhibit A 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.

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SECTION B: PROPOSAL SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

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. Proposers are encouraged to submit their proposals well in advance to allow time for any technical issues, as late proposals will not 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:

Proposers shall include all costs necessary to provide a complete project. Items required by the scope but omitted from the proposal are deemed included in the proposal price. The City will not approve change orders for work clearly required by the scope. Change orders are reserved for City-directed changes to scope.

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 should be submitted as questions by the Question Due Date.

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

B.5 ACCEPTANCE PERIOD:

By responding to this RFP, Proposers shall remain firm for 180 days from the proposal due date.

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 not exceed 20 pages of text and figures. Cover letters, resumes and exhibits to the bid do not count toward the bid page limit. Proposals should address all items outlined in the SOW and align with the evaluation criteria, including the following:

1. Qualifications and Experience.

a. Provide the name, title, mailing address, telephone number, and email address of the primary contact person for this proposal.

b. Brief company description that highlights qualifications of your company, years in business, years handling clean-up and remediation services, biohazardous clean-up, response time history, and the reasons your services and company are best suited to meet the requirements for this engagement.

c. Information related to your company’s safety record, OSHA-compliance, and training/medical surveillance programs for your employees.

d. List three (3) projects similar in size and scope of the City of Westminster’s project completed by your firm in the last five (5) years. Include the following:

i. Project name and a brief description

ii. Project owner, reference name, phone number, and email address.

2. Key Personnel. Provide a staffing plan with qualifications of individual staff members that will be assigned to this project. Include the following:

a. Identify key personnel that would be assigned to this project. Include a brief description of their role and include resumes.

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

3. Methodology and Approach. Describe in detail your firm’s understanding of the project and the approach for completing the scope of work as outlined in this solicitation. Include the following at a minimum:

a. Describe how the project would be managed and who would have primary responsibility for a timely and professional completion.

b. Describe the methods and timelines of communication your firm will use with the City’s project manager and other parties. Include your firm’s ability to meet the time constraints to schedule jobs and report completed jobs.

c. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each subcontractor.

d. Describe how hazardous, e-waste, contaminated, and medical waste will be properly disposed.

e. Provide a list of the personal protective equipment that will be utilized.

f. Provide a detailed list of equipment owned by your firm that would be available for this contract.

4. Project Fee Schedule. Total fee shall include all costs and expenses required to perform services in accordance with the scope of work.

a. Submit a completed exhibit B in the Excel spreadsheet format

b. Submit a separate fee schedule in a Microsoft Excel spreadsheet for any additional costs not covered in the attached spreadsheet.

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.

Unit price for each item proposed on, shall be shown and shall be for the unit of measurement indicated. In case of error in extension of prices, the unit price will govern.

5. Licenses and Certifications. Proof of valid applicable licenses and 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 Key Personnel 15 3 Methodology and Approach 30 4 Proposed Fee Schedule 20 Total 100

C.3 EVALUATION AND SELECTION:

Selection shall be made to the highest scoring Proposer(s) 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.

One or more contracts may be awarded based on the needs of the City.

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.

5. Conflict of Interest Disclosure. Each Proposer shall disclose in its proposal any actual, potential, or perceived conflict of interest, including any current or prior relationship with the City, its officials, or employees, that could affect the Proposer's objectivity or the integrity of the selection process. Failure to disclose a known conflict may result in disqualification.

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 be 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.