RFP EV Readiness Plan.pdf

Chaffee County Government Chaffee County Electric Vehicle (EV) Readiness Plan RFP – v1 30JUN2025

Request for Proposals (RFP) Chaffee County Government

Project: Chaffee County Electric Vehicle (EV) Readiness Plan

Client: Chaffee County Government (“County”)

Client Representative:

Garry Baker 104 Crestone Avenue Salida, Colorado 81201 gbaker@chaffeecounty.org Phone: 719-839-1702

Response Submission Deadline: August 1, 2025, 5:00pm MST

RFP: Chaffee County Electric Vehicle (EV) Readiness Plan

1. Background and Project Description

Chaffee County is seeking a professional contractor to develop a regional Electric Vehicle (EV) Readiness Plan for the County. The Plan shall be developed in close cooperation with the City of Salida, Town of Buena Vista and Town of Poncha Springs, along with other key stakeholders, to establish a roadmap for electric vehicle infrastructure planning and development.

Executive Summary

Chaffee County is a rural area in the heart of central Colorado with ~20,000 residents that welcomes hundreds of thousands of tourists and visitors annually, drawn by abundant natural recreation amenities, substantial public lands access, and spectacular viewshed connected along the county’s 57-mile Collegiate Peaks Scenic and Historic Byway. Through Colorado Energy Office (CEO) grant funding, Chaffee County will engage an expert consultant to audit and inventory current EV charging stations, determine priority areas for new/expanded EV stations, advise on local policy improvements to support transportation electrification, and quantify capital investment needs and identify funding opportunities to implement recommended EV improvements. The EV Plan will be developed in concert with the county-wide Safe Streets and Roads for All (SS4A) project beginning in the second half of 2025. It also ties directly into the goals named in the County Sustainable Development Plan (adopted in Jan 2025), County Comprehensive Plan (adopted Dec 2020), and updated local Land Use Code and Building Code policies (effective as of Jan 1 2025).

The EV Plan will facilitate county-wide investments in EV charging infrastructure that directly advances several goals of Colorado’s 2023 EV Plan, specifically “Complete the implementation of the state's National Electric Vehicle Infrastructure (NEVI) plan, [focusing] along federally designated EV corridors;

Increase the number of Colorado Scenic & Historic Byways classified as electrified byways;” and help “the state prioritize filling charging gaps in rural areas.”1

Chaffee County will serve as project lead, alongside its municipal partners the City of Salida, Town of Buena Vista and Town of Poncha Springs, on development of a collaborative Electric Vehicle Infrastructure master planning initiative. This County-wide EV Plan will help align collective efforts to establish and upgrade regional infrastructure in transportation, energy, and climate action. In addition to these lead entities, EV planning partners will include Colorado Parks and Wildlife/Arkansas Headwaters Recreation Area, US Forest Service, Bureau of Land Management, CDOT, law enforcement agencies, San Luis Valley Transportation Planning Region, Xcel Energy, Sangre de Cristo Electric Association co-op, Chaffee Economic Development Corporation, Mountain Valley Transit, Sustainable Salida Committee, 1 2023 Colorado EV Plan, accessed at https://drive.google.com/file/d/1R2WEarx6n2_pXXtd68tGV8ou6yrYoPMV/view

Heritage Area Advisory Board, Greater Arkansas River Nature Association, Chaffee Visitors Bureau, local Chambers of Commerce and other stakeholders, as determined throughout the course of the project.

Project Narrative

Chaffee County traffic data reflect sustained and increasing vehicle trips on its major arterial roads, with 12,000+ AADT counts on most monitored segments in recent years.2 Despite having a relatively small permanent resident population, the community creates a large vehicular footprint; due to Chaffee County’s remote location, position as gateway to major recreation destinations, large land mass and distribution of population centers, substantial commuter-based workforce, and relative lack of local public transportation service, the current transportation network is highly reliant upon personal vehicles, resulting in DVMT disproportionately high relative to our population size. Additionally, 30-40% of Chaffee County’s local economy is tourism-based, most of which relies on private vehicle transportation coming into and driving within the County. The County recognizes that we must proactively and strategically anticipate the need for enhancing local EV infrastructure as a key part of our commitment to environmental stewardship and multi-modal transportation.

Currently, Chaffee County includes only ~25 publicly available EV charging sites across its ~1015 square miles (charger distribution is believed to be ~18 in Salida; 5 in Buena Vista; 1 in Poncha Springs; and 1 at Mt Princeton in the unincorporated county). The County has not yet undertaken a formal needs assessment to determine how many stations are needed and where future EV stations would be optimally located; this would be an essential aspect of the EV Readiness Plan deliverable. The government partners are each interested in investigating potential relationships with private property owners and land managers that can establish private sector partnerships to expand the EV network.

Additionally, the County, Buena Vista, Poncha Springs and Salida are continuously updating their respective land use, building, and energy codes, each of which are planned to have EV-readiness components codified, independent of those that may be mandated through legislation (e.g., Colorado

HB23-1233).

The Chaffee EV Readiness Plan will be a planning tool shared by all jurisdictions, helping inform regional prioritization for EV infrastructure along routes identified by CDOT as a top priority for electrification and nationally-designed by FHWA as a priority Alternative Fuel Corridor.3 Through both FHWA’s National EV Infrastructure plans and CDOT’s charging stations gaps analysis, Chaffee County arterial routes US Hwy 285 and Hwy 50 have been established as critical linkages within the state and national charging network and “more difficult” gaps to address without state and federal funding to meet future EV charging demand.4

2 CDOT Traffic Data Explorer (2023), accessed at https://dtdapps.coloradodot.info/ 3 Federal Highway Administration, Alternative Fuel Corridors (2023), accessed at https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/all_corridors/ 4 CO National EV Infrastructure Plan (2022), accessed at www.codot.gov/programs/innovativemobility/assets/co_neviplan_2022_final-1.pdf

2. Project Goals and Deliverables

An inclusive EV Readiness Plan will complement and amplify goals stated within several guiding documents for Chaffee County that highlight and prioritize EV-readiness goals, including:

● Salida Climate Action Plan5, which enumerates many EV-related goals, including:

o “Increase EV charging stations in visible, accessible locations” o “Require EV charging stations or readiness in all new commercial developments” o “Require EV charging stations or readiness in all new multi-family developments” o “Require all new single-family construction to be EV-ready” o “Provide free public EV charging stations”

● Chaffee County’s Comprehensive Plan6, with an overarching objective:

o “Develop an electric vehicle charging infrastructure throughout the County.”

● Chaffee County’s Sustainable Development Plan goals:

o “Adopt EV readiness standards into building code updates” o “Build out EV charging access at county-owned facilities to support staff and visitor EV use” o “Develop a County fleet electrification feasibility study…identify available EVs that could meet the current fleet need, and develop a budget for fleet electrification.”

● Chaffee County adopted the IWUIC (wildfire) Code in 2024. The Plan shall address emergency planning such as EV resiliency/utility during wildfire events.

● Chaffee County, municipalities, and Mountain Valley Transit have each named electrification of their vehicle fleets as an objective for environmental stewardship and commitment to reduction of greenhouse gas production.

The following are specific deliverables expected for this project:

a. Detailed Project Approach

Contractor shall produce a summary document outlining the project approach, plan development methodology and project milestones/timelines.

b. Project Kick-Off meeting

5 Salida Climate Action Plan (2021), accessed at https://www.cityofsalida.com/sites/default/files/fileattachments/sustainability_committee/page/2281/2021-09- 22_salida_climate_action_plan_final_low_res.pdf 6 Chaffee County Comprehensive Plan (2020), accessed at https://www.chaffeecounty.org/Planning-and-Zoning-Comprehensive-Plan

Contractor shall coordinate and conduct a project kickoff meeting with the local project team.

c. Stakeholder Outreach

Contractor shall conduct outreach/interviews with stakeholders to identify existing conditions as well as obstacles and opportunities for electric vehicle adoption included in the elements below.

Initial stakeholder outreach may include surveys, interviews, and/or meetings with Chaffee County and local government departments, local groups with EV interest and ownership, representatives of stakeholder groups, and technical experts. While not an exhaustive list, the Contractor shall conduct outreach with the following stakeholders:

● Incorporated municipalities: Salida, Poncha Springs, Buena Vista with emphasis on Law Enforcement, Planning, Building, Parks, and Public Works departments

● Chaffee County Law Enforcement, Planning, Building, Road & Bridge, Fairgrounds

● Colorado State Patrol

● Salida, Buena Vista downtown representatives

● Major Developers

● Businesses

● Colorado Parks and Wildlife/Arkansas Headwaters Recreation Area

● U.S. Forest Service

● Colorado State Land Board

● Bureau of Land Management

● Colorado Department of Transportation (CDOT)

● San Luis Valley Transportation Planning Region

● Xcel Energy

● Sangre De Cristo Electric Association co-op

● Chaffee Economic Development Corporation

● Mountain Valley Transit

● Local Chambers of Commerce

● Hotels

● RV Parks

● Chaffee County Heritage Area Advisory Board

● Greater Arkansas River Nature Association

● Chaffee Visitors Bureau

● Chaffee Transportation Advisory Board

● Drive Clean Colorado

● Major employers (CO Dept. of Corrections, hospital, school district, government)

● Outfitter/shuttle Providers

● Resorts including but not limited to: Monarch Mountain Ski Resort, Princeton Hot Springs

● Youth Camps

● Sample of general public with emphasis on EV users

● Popular destinations: St. Elmo, others

Interview results shall be shared with the Chaffee Count project team in a summary analysis that includes all responses, trends, themes, and all other relevant information.

d. Assessment

Assessment is needed by the Contractor to: outline existing conditions, initiatives, policies, and programs based on region-specific data; identify critical barriers, gaps, key needs, potential programs and partnerships; and provide background for EV infrastructure and EV program plan development. The Contractor’s EV expertise, including knowledge of EV infrastructure, trends, and research, shall inform this assessment. The Assessment shall also summarize and incorporate the results of stakeholder interviews.

e. Draft EV Readiness Plan

i. Summary Overview

Contractor shall oversee the development of a relevant, comprehensive strategic EV Readiness Plan that addresses the immediate needs as well as long-term planning objectives for Chaffee County.

The Plan shall achieve the following: describe the planning region; describe how the Plan aligns and connects with existing community goals, plans, and priorities; detail the current status of EVs and charging infrastructure in the area, including transit and micromobility options; identify opportunities for infrastructure expansion; recommend local policies to support electrification; recommend policies/best practices to address EV resilience and charging priority during emergencies and evacuations; quantify capital investment needs;

identify funding opportunities to implement recommended EV improvements; and provide strategies to reduce and resolve barriers to the widespread deployment of private and public EV infrastructure. The Plan shall also include existing and projected information about the area, such as demographics, economic characteristics, etc. The Plan shall also include the major issue areas listed below.

ii. Identify Needed Infrastructure

Contractor shall develop a Chaffee County-area charging infrastructure plan that includes, but is not limited to, the following: upgrade recommendations; analysis for opportunities for EV charging station locations based on current demand, anticipated demand growth, and existing infrastructure; public opportunities; private opportunities; appropriate equipment types for each recommended location (i.e., Level 2 and/or Level 3 (DC fast chargers)); and cost estimates for recommended improvements. This portion of the project shall address all of the above entities/areas of concern.

Contractor shall also provide analysis of the potential grid impacts of EVs, consider ongoing efforts to also electrify energy use in buildings, address electricity rate structure and identify battery and other options needed to manage demand charge, and summarize predominant concerns and issues as well as preferred alternatives. Contractor shall also review community permitting and zoning processes for EV charging stations, with a focus on DC fast-charging stations. Reference resources as needed including the recent analysis, Planning and Zoning for Electric Vehicle Charger Deployment, and NESCAUM's 2019 white paper, Preparing Our Communities for Electric Vehicles: Facilitating Deployment of DC Fast Chargers for a better understanding on emerging best practices. As part of the Plan, the Contractor shall make recommendations on ways to streamline the local jurisdiction(s) permitting process for EV charging stations.

Contractor shall work closely with County Planning Department Staff to develop ArcGIS mapping resources to support future project implementation and data tracking. (Note:

The County Planning Department employs a GIS professional staff member to support this task.)

iii. Identify Needed Programs and Policy

Contractor shall identify barriers to and methods of increasing EV use by residents and in public and private fleets, identify opportunities such as residential retrofits, smart charging, renewable energy, and battery storage to optimize grid capacity, analyze innovative charging options like curbside, streetlight, solar, wireless, and their applicability in Chaffee County, and investigate opportunities to partner with neighboring communities and regional entities to increase EV use and opportunities while not encouraging increased vehicle use. Proposals on recommended educational/awareness programs to increase EV use shall be included.

iv. Formulate Strategy and Recommendations

Contractor shall make recommendations for implementation options by key stakeholders (such as state and local government entities in addition to public-private partnerships) and other actions to further develop readiness and support for current and future implementation, such as estimated deployment to meet increasing demand of the traveling public and legislation/ordinances as needed to implement accordingly.

Contractor’s recommendations shall also reflect what is needed to advance EV adoption, leverage existing plans, and to lead to widespread deployment of public and private EV infrastructure. Specific recommendations must address any deficiencies identified in the

Assessment, and are required in the areas of infrastructure, services, vehicle repair, land use policies, building codes, programs, partnerships, lead by example, funding, and guidance. The contractor shall also assess and make recommendations on policies and/or best practices to address EV resilience and charging priority during emergencies and evacuations.

vi. Funding and Guidance

Funding is a vital component of electric vehicle implementation. Thus, the Contractor shall identify existing and potential funding opportunities, incentives, and rebates, including grants and funding sources for EV adoption and EV Readiness Plan implementation. This may include local funds, private and public grants, and other funding mechanisms.

Contractor shall research and recommend utility payment methods for EV customer usage of public charger ports to recover costs and generate revenue. Contractor shall develop guidance in regards to implementation of EV-related codes and ordinances. Additionally, the Contractor shall identify cost-effective strategies for Chaffee County to support EV charging on municipal property and the public right of way for fleet and/or public use, analyzing factors such as ownership models, parking and charging fees, infrastructure costs, operations and maintenance costs, Low Carbon Fuel Standard credits, utility demand charges, synergies with other alternative transportation efforts, and new or complementary technologies, including solar energy systems, battery storage, demand management systems, bidirectional charging, and possible integration with emerging autonomous vehicle (hereinafter called “AV”) technologies.

The Plan shall develop timelines, estimated costs, and opportunities for funding. The Plan shall identify roles and responsibilities for Chaffee County, stakeholders, potential partners, and the community; and identify metrics and/or performance targets to track performance. Additionally, the Plan shall include a projection of future EV adoption and benefits, including greenhouse gas emissions impact, based on business as usual and implementation of the actions identified under different scenarios. The Plan shall establish reasonable targets for EV adoption; include any other required information as outlined in this Statement of Work; and recommend key performance indicators (“KPIs”) to track progress. The Plan shall include implementation measuring tools to be utilized by Chaffee County and other local jurisdictions to monitor future needs and implementation measures.

f. Public Meeting Presentation

The draft plan should include all above major elements and information gathered via the Assessment, stakeholder outreach, and other sources. Contractor shall, in coordination with

County staff, present the EV Readiness Plan draft at a public meeting of the Board of County Commissioners.

g. Final EV Readiness Plan

Once the draft of the EV Readiness Plan has been refined based on feedback by Chaffee County and its partners, a final draft of the EV Readiness Plan shall be prepared and presented by the Contractor to Chaffee County for adoption. Any changes directed by Chaffee County shall be incorporated into the Final EV Readiness Plan. In addition to being technically sound and substantively strong, Chaffee County expects that the final report shall be an attractive and graphically-rich document. It shall be visually appealing and written in a clear, accessible manner.

Chaffee County shall be provided with an electronic copy of the final version (both Microsoft Word and PDF formats), including tables in Microsoft Excel format and maps in GIS file format (as applicable).

3. Scope of Work and Technical Specifications

The scope of services shall conform to the above project goals and deliverables, or scaled to meet the available budget. Reference plans and documents listed in this RFP are incorporated by reference.

Summary of Deliverables

1. Detailed Project Approach

2. Project kick-off meeting

3. Stakeholder Outreach

4. Assessment

5. Draft EV Readiness Plan

6. Public meeting

7. Final EV Readiness Plan

4. Proposal Elements and Format

Contractors interested in performing the work described in this request for proposals should submit the following information to the County in any order they choose:

a. A letter of interest.

b. Summary of proposals and examples of similar successfully completed prior work.

c. Detailed project description addressing all elements listed in this RFP.

d. Estimated work performance schedule, including all tasks and milestones for all work necessary.

e. Detailed costs or fees schedule(s) involved in completing each component of the work scope.

f. A mark-up of the County Contract (“Contract”) with proposed edits, if any.

5. Duration of Contract and Operational Period

The County desires a work commencement no later than August 31, 2025 and completion with final deliverable no later than May 15, 2026, subject to consultation with the contractor.

The proposal should contain a detailed outline of a schedule and/or timeline, and contingency plans, for performance of work and deliverables, as outlined within the scope of work.

6. Budget

The Proposal must state the total inclusive maximum fee and/or cost range, itemized by labor, materials, and equipment and any other work or services necessary to complete the project, including the use and pricing for third party contractors. Third party work and self-work must be itemized. Chaffee County has $50,000 in total funds for this project, and Contractor bids should endeavor to remain within this Not To Exceed amount. If proposals are anticipated to exceed this budget, Contractor is requested to scale work for essential deliverables within this budget range and then clarify any costs above this amount that may need to be considered as alt/ads.

7. Proposal Due Date, Time, and Location

a. Public Notice: July 1, 2025

b. RFP Document issued: July 1, 2025

c. RFP Packets Due: August 1, 2025

d. RFP review and evaluation/interviews: Aug. 1-14, 2025

e. Recommendation to Commissioners: August 19, 2025

f. Negotiation of Proposal and Award of Contract: week of August 25, 2025

If a contractor fails to provide the required information, the response may be disregarded. More details pertaining to the RFP are available on the County’s website at www.chaffeecounty.org/Public-Notices or from Garry Baker, Planning Manager at gbaker@chaffeecounty.org

Questions regarding this RFP's specifications should be directed to Garry Baker at gbaker@chaffeecounty.org. All proposals and material shall be kept confidential until proposal opening, at which time they will become subject to public disclosure.

http://www.chaffeecounty.org/

8. Submit proposals to:

Proposals shall be submitted to the County through the County’s BidNetDirect.com platform or emailed to:

chaffeeadmin@chaffeecounty.org

9. Late Proposals, Modifications, and Withdrawals

Proposals received after Aug. 1, 2025 may not be considered. All proposals and material shall be kept confidential until proposal opening, at which time they will become subject to public disclosure.

10. Acceptance of Proposals and Approval of Contract

The County reserves the right to reject any or all proposals, to further negotiate with the successful contractor, to waive information and minor irregularities in proposals received, and to accept any portion of the proposal if deemed to be in the best interest of the County to do so.

Acceptance of a proposal will not impart any rights to any party including, and without limitation, rights of enforcement, equity, or reimbursement, until the Contract and all related documents are approved and properly executed.

Final acceptance of any proposal is contingent upon execution of the Contract attached hereto and incorporated by reference. Any edits to this Contract must be set forth in written detail in the Proposal. Please note that the County is not able to entertain substantial edits to the Contract.

11. Proposal Evaluation

Proposals will be evaluated by County staff and representatives. The evaluation process will rely on the requested information to be provided. Consequently, it is expected that successful proposals will demonstrate a thoughtful and thorough response to the entire set of questions and requests for information addressed in the RFP.

Proposals determined to be incomplete or deficient will be eliminated from further review. Failure to adequately or completely address any question or request for information could adversely affect the evaluation. The County may, in its discretion, request clarification or additional details from any Proposer.

All information submitted in response to this RFP is public after the Notice of Award has been issued. The contractor should not include as part of the response to the RFP any information which the contractor believes to be a trade secret or other privileged or confidential data. If the Proposer wishes to include such material with a proposal, then the material should be supplied under separate cover and identified as confidential. Statements that the entire proposal is confidential will not be honored. The mailto:chaffeeadmin@chaffeecounty.org

County will endeavor to keep that information confidential, separate and apart from the proposal subject to the provisions of the Colorado Open Records Act (“CORA”) or court order.

All information provided is subject to public disclosure under CORA unless clearly identified and marked as confidential and qualifies as confidential under CORA.

Responsibility for timely submittal and routing of proposals, prior to recording, lies solely with the contractor. Proposals received after the closing time specified will not be considered. Telephone, hardcopy, or facsimile proposals will NOT be accepted.

Minority Business Enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on grounds of race, color, or national origin.

12. Insurance

See Contract for required insurance amounts.

13. Performance and Payment Bond

See Contract for required insurance amounts.

14. Indemnification

See Contract for specific indemnities required by an approved Contractor. The County is statutorily precluded from offering indemnities to the Contractor or any other third party.

CHAFFEE COUNTY SERVICES AGREEMENT

This Agreement is made and entered into as of the _______________, 2025, and is by and between the County of Chaffee, State of Colorado (“County”), acting by and through the Board of Commissioners of Chaffee County, Colorado and ______________________, serving as an Independent Contractor (“Contractor”).

BACKGROUND

The County desires to contract for the services of Contractor as an independent contractor to provide the services of _________________________________________________ pursuant to the terms and conditions of this Agreement (“Agreement”).

Contractor is experienced and knowledgeable in _________________________. The Chaffee County Board of County Commissioners desires to establish engagement with Contractor to fulfill the scope as established herein.

AGREEMENT

In consideration of the rights and obligations specified below, the County and Contractor agree as follows:

1. Performance of Services.

a) Scope of Services. The attached Exhibit A outlines the projects, work activities, and deliverables for completion of services (the “Work”). Contractor shall have control as to the time and place of the performance of these services and the means by which they accomplish the services. Contractor is not required to observe particular working hours or work a specified number of hours. Contractor shall determine whether it possesses the sufficient training and background to carry out specific requests for services. Contractor shall not be required to perform any act that violates Contractor’s professional standards or ethics. Except as expressly provided in this Agreement, Contractor will, in a good and workmanlike manner and at their own cost and expense, furnish all labor and equipment and do all work necessary and incidental to performing the Work. Contractor shall perform the Work in strict accordance with this Contract.

b) Quality of Performance. Contractor shall perform the Contract in a manner satisfactory and acceptable to the County. The County shall be the sole judge of the quality of performance.

c) Other Activities. Contractor may engage in other activities for compensation provided they do not conflict with the responsibilities or limitations set forth in this Agreement. Contractor shall adhere to the Chaffee County Purchasing Code of Ethics, as may be amended from time to time, attached as Exhibit B.

Notwithstanding the foregoing, the County acknowledges that Contractor may provide services for other entities, including entities that may benefit from Contractor efforts.

d) Subcontractors. Contractor may hire, at their expense, any subcontractors if approved in writing by the Contractor and provided such assistants do not hinder the County’s business, subject to the below Prohibitions on Public Contract for Services.

e) Reports. Contractor shall provide report updates to the County on a __________ basis, as described in Exhibit A. Contractor shall provide _______________ written status reports on program activities to ______________________ and shall provide any additional reports or documentation the County deems necessary to comply with State grant or federal reporting requirements pursuant to this Contract or those required by law.

f) Contractor Cooperation. Contractor shall cooperate and provide County all information requested by County for the purpose of submitting legally-required reports or forms to independent auditors, state or federal agencies including, without limitation, the Internal Revenue Service and the Colorado Department of Revenue.

2. Independent Contractor. Contractor is an independent contractor and is responsible for all taxes (including employment taxes) and insurance applicable under existing laws with respect to the fees paid under this Contract. Contractor shall not have authority to bind the County in any contract or agreement. Contractor will not participate in any retirement, bonus, welfare or benefit plans of County. Contractor acknowledges that it is not entitled to unemployment insurance benefits or workers’ compensation benefits from Chaffee County, its elected officials, agents, or any program administered or funded by Chaffee County. Contractor shall be entitled to unemployment insurance or workers’ compensation insurance only if unemployment compensation coverage or workers’ compensation coverage is provided by Contractor, or some other entity that is not a party to this Contract.

3. Fees. For services rendered, Contractor shall be paid ________________________. Upon termination of the Agreement, County shall pay Contractor for services rendered, less any damages suffered by County as a result of termination by County for cause.

4. Expenses. Except as set forth herein, Contractor is responsible for Contractor's expenses and overhead, including without limitation, travel, insurance, office, phone, internet access, material and equipment expenses, and expenses in connection with furthering Contractor's skills or membership in professional societies and organizations. Any other expenses relating to Contractor activities for which they desire to seek compensation and/or reimbursement must be pre-approved by Chaffee County and will be paid for approved expenses only following submission of documented receipts. Contractor acknowledges that they will only be reimbursed for expenditures incurred solely related to responsibilities within the scope of work following submission of documented receipts.

5. Approvals and Authorizations. Contractor will require the County’s approval before beginning work on projects or programs that may potentially obligate the County in any manner, whether financial, legal, or personnel time, etc. All Contracts must be approved and executed by the Board of County Commissioners. With reasonable notice, the County may request changes or cancellations or stop work in progress. Where changes or cancellations are requested, the County will reimburse Contractor for accumulated fees and expenses up to the date and time of cancellation, provided such fees and expenses are pre-approved by the County. Contractor shall not be deemed an agent or a party to any contract between the County and third parties and Contractor shall have no authority to bind the County.

6. Term and Termination.

a) This initial term of the Contract is effective as of ______________ and will continue through _________________. [Contract shall be automatically renewed at the end of the initial term for an additional term of 12 months until the fifth year of the Agreement.] Regardless, any party may provide notice of non-renewal by giving the other party written notice of non-renewal at least 30 days prior to the end of each 12 month term.

b) Either party may terminate this Agreement for any reason or no reason at all by giving the other at least fifteen (15) days written notice at the address shown below.

Either party may terminate this Contract without notice at any time for cause. Cause shall be defined as one or more of the following: 1) intentional, willful, and wanton misconduct resulting in damages to the other party; 2) gross negligence resulting in damages to the other party; or 3) substantial and continuing breach of duties set forth in this contract.

c) Upon termination, the County’s sole liability with respect to Contractor’s compensation shall be to pay Contractor for work which has been completed through date of Termination. Upon payment in full, Chaffee County shall have the entire right, title and interest in and to such work. If County terminates this Contract because Contractor has materially breached this Contract, County shall have all rights and remedies available at law or equity.

d) The other provisions of this Contract notwithstanding, financial obligations of

County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. The County is prohibited by law from making financial commitments beyond the term of its current fiscal year. The County has contracted for services under this Contract and has reason to believe that sufficient funds will be available for the full term of the Contract. Where, however, for reasons beyond the control of County as the funding entity, funds are not allocated for any fiscal period beyond the one in which this Contract is entered into, County shall have the right to terminate this Contract by providing seven days written notice to Contractor, and will be released from any and all obligations hereunder. If County terminates the Contract for this reason, County and Contractor shall be released from all obligations to perform Work and make payments hereunder, except that County shall be required to make payment for Work which has been performed by Contractor prior to the effective date of termination under this provision; and, conversely, Contractor shall be required to complete any Work for which County has made payment prior to providing written notice to Contractor of the termination.

7. Representations and Warranties. Contractor represents and warrants the following:

a) Contractor owns (and, to the extent developed during the term of this Contract, will own) the entire right, title and interest in and to the deliverables and there are no claims, liens or clouds on such title. The deliverables are Contractor’s original creation, or if not original, do not infringe upon the copyrights of any person or business.

b) Contractor has obtained all authorizations and permits necessary or required by law in connection with the services provided pursuant to this Contract. Contractor shall materially comply with all relevant laws, regulations and ordinances in rendering services under this Contract.

c) Insurance. Contractor has obtained and shall continue to maintain at their own expense, and without cost to County, insurance protection from a company authorized to do business in Colorado, the following kinds and minimum amounts of insurance for purposes of insuring the liability risks which the Contractor has assumed until this Contract has expired or is terminated:

i. Comprehensive General Liability in the amount not less than those limits of liability established from time to time for governmental entities under the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24- 10-114. Currently, such limits are $424,000.00 per person and $1,195,000.00 per occurrence. This coverage should be provided on an ISO1998 Form or the most current form. Coverage to include:

a. Premises

b. Products/Completed Operations if Work includes a manufacturing operation

c. Broad Form Comprehensive, General Liability

ii. Automobile Liability. Minimum limits are required to be $1,000,000.00 for each occurrence. Coverage must include:

a. All vehicles owned, non-owned, and hired to be used on the

Contract;

b. Medical Payments.

iii. Employer’s Liability, Workers’ Compensation and Unemployment

Insurance. Contractor shall secure and maintain employer’s liability, Workers’ Compensation Insurance and Unemployment Insurance that will protect it against any and all claims resulting from injuries to and death of employees, if any, engaged in work under the Contract. The term ‘employee’ and/or ‘independent contractor’ will be defined for the purpose of this Contract by reference to regulations of the Department of Labor, Social Security and the Internal Revenue Service. Employer's Liability is required for minimum limits of $100,000.00 Each Accident; $500,000.00

Disease-Policy Limit; $100,000.00 Disease-Each Employee.

iv. Employee Fidelity Bonding. In the event Contractor hires employees to perform the services provided for hereunder, Contractor shall secure and maintain a fidelity bond which protects Chaffee County against loss arising from a fraudulent or dishonest act of the Contractor’s employees.

v. Named Insured and Certificates of Insurance.

1. Chaffee County, at Contractor’s sole expense, shall be named as insured or additional insured on all insurance policies required under this Contract. The “additional insured” wording shall be as follows:

County of Chaffee, State of Colorado, a body corporate and politic, is named as Additional Insured.

2. Contractor shall furnish County prior to the commencement of work under this Contract and annually thereafter copies of company-issued Certificates of Insurance policies obtained by Contractor in compliance with this paragraph demonstrating that the insurance requirements have been met, and Contractor shall ensure that County is notified in writing and at least thirty days in advance of any amendment or cancellation of such policy or policies.

These Certificates of Insurance shall also contain a valid provision or endorsement that these policies may not be canceled, terminated, changed or modified without thirty days written notice to the County.

Certificates shall be forwarded to:

Dan Short, Finance Department Chaffee County P.O. Box 699 Salida, CO 81201

8. Work Ownership. This is a “work for hire” labor arrangement. All ideas, materials, products, and work prepared by, and discoveries made by Contractor in fulfillment of this Contract and relating uniquely to Chaffee County belong exclusively to Chaffee County.

Upon termination or expiration of this Contract, all ideas, materials, products, work, and discoveries in Contractor's possession that relate uniquely to Chaffee County will be delivered to Chaffee County within two weeks of termination or expiration and payment in full of all fees due to Contractor, along with written certification of same. Upon termination or expiration, Contractor will assign to Chaffee County all rights to ideas, materials, products, and work prepared by, and discoveries made by, Contractor under this Agreement and relating uniquely to Chaffee County. Contractor’s ideas, materials, products and work not relating uniquely to Chaffee County remain the property of Contractor. This section shall survive termination or expiration of this Contract.

9. Non-discrimination. Contractor agrees to comply with the letter and spirit of the Colorado Anti-Discrimination Act, C.R.S. § 24-34-401, et seq., as amended, and all applicable local, state and federal laws respecting discrimination and unfair employment practices.

Contractor is responsible for ensuring all subcontractors or others engaged to perform services on its behalf adhere to this provision.

10. Indemnification. Contractor shall be liable and responsible for any and all damages to persons or property caused by or arising out of the actions, obligations, or omissions of Contractor, its employees, agents, representatives or other persons acting under Contractor's direction or control in performing or failing to perform the work under this Contract. Contractor will defend, indemnify and hold harmless the County, its elected and appointed officials, and its employees, agents and representatives (the "indemnified parties"), from any and all liability, claims, demands, actions, damages, losses, judgments, costs or expenses, including but not limited to attorneys’ fees, which may be made or brought or which may result against any of the indemnified parties as a result or on account of the actions or omissions of Contractor, its employees, agents or representatives, or other persons acting under the Contractor’s direction or control. In addition, the parties reserve the right to bring tort claims in the event of the discovery of an intentional fraud committed during contract performance. Nothing in this indemnification agreement shall be construed in any way to be a waiver of the County's immunity protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended and as may be amended from time to time. This section shall survive the termination of this Contract.

11. No Waiver of Breach. County’s failure to insist upon strict compliance with the provisions of this Contract will not be construed in any way as a waiver of any of County’s rights or privileges. All remedies afforded in this Contract shall be cumulative, that is, in addition to every other remedy provided in this Contract or by law.

12. Original Creation. Contractor will defend, hold harmless and indemnify County from and against any damages and expenses (including reasonable attorneys’ fees and expenses) in any action for infringement of intellectual propriety rights with respect to ideas, materials and/or products used or provided by Contractor. This section shall survive the termination of this Contract.

13. Prohibition on Acceptance of Gifts. Pursuant to Section 3 of Art. XXIX of the Constitution of the State of Colorado, County Employees or contractors cannot accept any gifts, meals, theatre or sporting event tickets unless:

a) The aggregate value of things received from a single source does not exceed

$75/calendar year, or maximum amount as amended; or

b) The County employee/elected official gave the donor consideration of equal or greater value; or

c) An enumerated exception applies.

14. General Provisions.

a) Amendment. This Contract may be amended only by a written instrument signed by the parties to this Contract.

b) Successors and Assigns; Assignment by Contractor Prohibited. The rights and obligations of County under this Contract will inure to the benefit of and will be binding upon the successors and assigns of County. Contractor may not pledge, assign or transfer either this Contract or any of the payments or benefits under this Contract without the written consent of County.

c) Severability. If a tribunal of competent jurisdiction determines that any provision of this Contract is void, illegal, or unenforceable, the other provisions will remain in full force and effect. Any provision determined to be void, illegal, or unenforceable will be limited so that this Contract will remain in effect to the fullest extent permissible by law.

d) Breach. Any waiver of a breach of this Contract shall not be held to be a waiver of any other or subsequent breach of this Contract. All remedies afforded in this Contract shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law.

e) Termination of Prior Agreements. This Contract cancels and terminates, as of its effective date, all prior agreements between the parties relating to the services covered by this Contract, whether written or oral or partly written and partly oral.

f) Third Party Beneficiary. The enforcement of the terms and conditions of this

Contract and all rights of action relating to such enforcement shall be strictly reserved to the County and Contractor, and nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other or third person.

It is the express intent of the parties to this Contract that any person receiving services or benefits under this Contract shall be deemed an incidental beneficiary only.

g) Notices. All notices shall be in writing. Notices will be deemed to have been duly given if delivered personally or if mailed via registered or certified mail (return receipt requested and postage prepaid) and confirmed by such registered or certified mail receipt, given by facsimile or e-mail confirmed by receipt, or sent by courier confirmed by receipt, addressed to the party at the address set forth below or at such other address as either party may designate to the other in accordance with this Section. Notices shall be deemed to be given on the date of receipt, except that if delivery is refused, notice shall be deemed given on the fifth (5th) day after it is sent.

h) Counterparts. The parties may execute this Contract in any number of counterparts, each of which will be deemed an original.

i) Statutory Requirements. This Contract is subject to all statutory requirements that are or may become applicable to counties or political subdivisions of the State of Colorado generally. Without limiting the scope of this provision, the Contract is specifically subject to the following statutory requirement: Contract payments may be withheld pursuant to C.R.S. § 38-26-107 if the County receives a verified statement that Contractor has not paid amounts due to any person who has supplied labor or materials for the project.

j) Entire Agreement. All exhibits to this Contract and provisions set forth in County’s

Request for Proposal and Contractor’s responses to County’s Request for Proposal, if any, together with any alterations and/or modifications, are incorporated as part of this Contract and such represents the entire agreement between County and Contractor with respect to the transactions contemplated by this Contract and supersedes all previous negotiations, commitments, letters of intent and other writings.

k) Priority of Provisions. In the event that any terms of this Contract and any Exhibit, attachment, or other referenced document are inconsistent, the terms of this Contract shall control.

l) Colorado Open Records Act. All information provided under this Contract is subject to public disclosure under the Colorado Open Records Act (“CORA”) or the Colorado Criminal Justice Act (“CCJRA”) unless clearly identified and marked as confidential and qualifies as confidential under CORA or CCJRA.

m) Controlling Law and Jurisdiction. The interpretation and performance of this Contract shall be construed under the laws of Colorado, without regard to choice of law principles. In the event of litigation, jurisdiction and venue shall be in the Chaffee County District Court.

[SIGNATURE PAGE FOLLOWS]

Contractor Board of Commissioners of Chaffee County

By: _____________________________ By: _____________________________

Name: Name:

Title: Title: Chaffee County Commissioners, Chair

Fed ID #

Notice Address: Notice Address:

Chaffee County Government Attention: County Attorney P.O. Box 699 Salida, CO 81201