Winter Trail Grooming RFP 2025-26 - Final.pdf

Lake County Government Invitation for Bids 505 Harrison Avenue

PO BOX 964

Leadville, CO 80461

RFP@lakecountyco.gov

INVITATION FOR PROPOSAL COVER SHEET

Title | Winter Trail Grooming Services 2025/26.

Issue Date | 9/23/2025

Questions Due | 9/30/2025

Questions Email | RFP@lakecountyco.gov

Bid Due Date | 10/3/2025

DOCUMENTS INCLUDED IN THE PROPOSAL PACKAGE

RFP Schedules RFP Attachments Schedule A | Bid Instructions Attachment 1 | Bid Form Schedule B | Scope of Work Attachment 2 | W-9 Schedule C | Project Schedule Schedule D | Bid Form Schedule E | Insurance Schedule F | Lake County Contract

Schedule B – Scope of Works.

Request for Bid | Page 2 of 29

Purpose + Background

The Board of County Commissioners of Lake County, Colorado, by and through its Elected Officials or Employees (collectively referred to herein as, Lake County), wishes to receive proposals from qualified Contractors for the provision of Winter Trail Grooming Services for the 2025/26 season. This Request for Proposal is to furnish all labor and equipment required for the maintenance and grooming of specified winter trails in Lake County, Colorado in accordance with the Trail Maintenance Standards and Schedule specified in this RFP.

Proposal Advertisement

Information concerning this request on the Lake County Government website at, https://www.lakecountyco.gov/bids.aspx. Lake County is also a member of BidNet Direct.

Bid Submission

Email proposals to RFP@lakecountyco.gov. If the Vendor does not desire email submissions, sealed bids will be received at the below address by the proposals due date and time.

Lake County Government ATTN: Contract Management 505 Harrison Avenue

PO BOX 964,

Leadville, CO 80461

Proposal documents are required to be submitted in their original fillable format. Emailed proposals must include the following statement on the email, “I hereby waive my right to a sealed proposal.” An email confirmation will be sent when the proposal has been received.

Introductory Information

1. Each bid must include the full business address of the Bidder and be signed by an authorized representative.

• Partnerships: Bids must include the full names of all partners and be signed in the partnership name by one of the partners or an authorized representative. The signature must be followed by the name and title of the person signing.

• Corporations: Bids must be signed with the legal name of the corporation, followed by the state of incorporation. The signature must be by the president, secretary, or another person authorized to bind the corporation, and include their name and title typed or printed below the signature.

• Individuals with Titles: If a person signs using a title (e.g., "president," "secretary," or "agent") without disclosing their principal, the bid may be deemed to be that of the individual.

When requested by the County Attorney’s Office, satisfactory evidence of a signatory’s authority to bind a corporation must be provided. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the bidder.

All corrections or erasures in the bid must be initialed by the person signing.

https://www.lakecountyco.gov/bids.aspx https://www.bidnetdirect.com/colorado/lakecountyco mailto:RFP@lakecountyco.gov

Request for Bid | Page 3 of 29

Bidders agree to comply with all conditions, requirements, specifications, and instructions stated or implied in this bid. All prices and required designations must be clearly and fully provided, and all blank spaces in the bid forms must be appropriately filled in.

Bidders are required to use the Proposal Forms included in this package and submit bids based on the instructions provided in the Bid Forms. The Bid Proposal must be completed in full detail, and signed by the bidder.

2. Late or unsigned bids shall not be accepted or considered.

It is the responsibility of the bidder to ensure that their bid is received at RFP@lakecountyco.gov on or before the deadline stated in Section 1, “Notice to Bidders.”

Hard copy bids received before the bid opening will be kept unopened in a secure location. Lake County assumes no responsibility for the premature opening of a bid that is not properly addressed or identified.

Bids may be withdrawn only upon written request and with the approval of the Lake County Manager. Such requests must be received from the withdrawing bidder prior to the time fixed for award.

Negligence on the part of the Bidder in preparing the bid does not confer any right to withdraw the bid after it has been submitted and awarded.

Bidders are expected to examine all conditions, specifications, and instructions contained in this solicitation. Failure to do so shall be at the bidder’s own risk.

3. In accordance with C.R.S. § 30-11-110, preference will be given to vendors located within the State of Colorado.

Lake County reserves the right to reject any and all bids, to waive any informalities in the bidding process, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, best serves the interests of Lake County.

4. By submitting a bid, the Bidder agrees that the signed bid, all documents included in this Request for Bid, including, but not limited to, product specifications and scope of services, the formal acceptance of the bid by Lake County, and the signature of the Chair of the Lake County Board of County Commissioners shall together constitute the contract. The contract shall be effective as of the date it is signed by the Chair.

Cooperative Purchasing

Lake County encourages cooperative purchasing as a means to help other agencies reduce procurement costs and to maximize the value of taxpayer dollars through volume purchasing.

At their discretion, Vendor(s) may agree to extend the pricing and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions that have a need for the same products or services.

Such usage by other entities shall not have a negative impact on Lake County during the current term or any future terms of the agreement.

Request for Bid | Page 4 of 29

Method of Procurement

A Request for Proposal (RFP) is a procurement method commonly referred to as a sealed bid solicitation.

Once issued, the bid package is considered complete for bidding purposes, and all Bidders are expected to respond fully to its terms and conditions. Incomplete or non-responsive bids will be disqualified from consideration.

Lake County evaluates bids based on experience and qualifications, understanding of scope and approach, cost and value, cost and capacity, responsiveness and compliance, risk management and legal consideration, and local and social considerations, ensure awards serve Lake County’s best interests.

Pricing Method

Unit pricing is a method in which the contractor specifies a fixed price for each defined unit of work or category of cost. Units may be based on time (e.g., per hour or per month), distance (e.g., per mile), quantity (e.g., per item or "each"), or occurrence (e.g., per episode).

Evaluation of Bids and Awards

All proposals will undergo an initial review for acceptability to determine whether they meet the basic requirements for consideration. This review includes an assessment of responsiveness to the RFP, completeness and clarity of required bid documents, and the inclusion of all necessary signatures.

Proposals that fail to meet these basic requirements may be disqualified from further evaluation.

Proposals deemed acceptable will then be evaluated by an Evaluation Committee. The committee will consider several factors, which may include:

• Demonstrated need for the proposed service

• Eligibility under applicable program funding

• Proposed pricing

• Alignment with service area needs

Note: The Evaluation Committee reserves the right to request additional information from proposers. If no proposal adequately addresses the required services and pricing, the committee may recommend that no award be made.

Following the evaluation, the Evaluation Committee will report its findings to the RFP Initiator. Final recommendations, based on the evaluations, will be presented to the Lake County Board of County Commissioners at a Regular Meeting. Contract awards are subject to the final approval of the Board.

Schedule B –Scope of Works

Scope of Services

The successful Contractor will be required and responsible to, in advance of snow clearing, arrange for removal of obstacles preventing a seamlessly maintained section of trails and return at the end of the season

The project consists of trail maintenance and grooming of the County’s winter trails for the 2025/26 winter season: Mineral Belt Trail (11.6 miles), Dutch Henry Tubing Hill and an optional Mt Massive Golf Course trails (4.63 miles) as specified in this Schedule and Trail Maintenance Standards.

The Contractor will provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to create and groom the cross-country ski trails as part of this RFP. The trails are to be groomed up to two times per week when conditions are favorable.

The acceptability of Contractor overall work quality and performance shall be determined by the Parks & Recreation Director’s inspection for compliance with the requirements outlined in this Scope of Work.

Locations/Routes.

1. The Mineral Belt Trail. A paved 11.6-mile loop trail that is 12‘6” wide, has six (6) road crossings and two (2) bridges. Due to weight restrictions the Contractor will not be able to take their snow cat groomer equipment across the bridges.

Contractor shall groom using a snowcat approximately 11.6 miles of the Mineral Belt Trail twice a week, or as directed after sufficient snowfall, for up to a maximum of 20 weeks starting after sufficient snow is on the trail.

2. Dutch Henry Tubing Hill. The tubing hill should be groomed four lanes wide (as designed), with no moguls, dips, grooves or holes. The Hill is approximately 420ft in length. The Hill is groomed for most of the season by students from Colorado Mountain College’s as part of the Ski Area Operations course.

Contractor shall groom using a snowcat the Dutch Henry Hill twice a week, , or as directed after sufficient snowfall, for up to a maximum of 5 weeks during CMC’s term breaks.

3. Optional: Mt Massive Golf Course Loop Trails. Approximately a total of 4.63 miles of looped trails on the golf course fairways and surrounds.

Contractor shall groom using a snowcat and/or snowmobile with pull behind grooming equipment approximately 4.63 miles of the Mt Massive Golf Couse twice a week, or as directed after sufficient snowfall, for up to a maximum of 20 weeks starting after sufficient snow is on the course.

4. Contractor shall groom additional work as developed by the County and agreed upon by the Contractor at established rates. Any special project work not listed in the Scope of Services shall be completed at a negotiated rate.

Operating Dates (Annually):

Start: December 1

End: March 31

The County also wishes to explore options for increased season length if we get good snow conditions.

Hours of Work & Grooming Reporting Grooming shall be performed during the lowest traffic times and taking into consideration the safety of grooming personnel. Night or early morning grooming is preferred for public safety and for optimum trail temperature conditions.

The Contractor will be required to provide written notice via email to the Parks & Recreation Director, when grooming cycle has been completed and to report any problems identified on the trail promptly.

The County also utilizes Nordic Pulse, an app-based cross-country ski trail grooming report system. Bidder is required to utilize this App to provide real-time information on grooming status.

In addition, grooming reports are to be sent to the Parks & Recreation Director within 24 hours of each groom. Reports must include sections of the trail groomed, equipment used, time spent and comments on trail and snow conditions

Deliverables Contractor must provide Deliverables/Services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:

Minimum Equipment Requirements:

Contractor must have equipment to adequately perform the specified services.

(a) Snow Cat Groomer or other professional snow grooming equipment with grooming attachment and classic track setter or equal machine with minimum horsepower rating of 70 HP. The grooming attachment must be 7’ wide minimum and 12’ wide maximum, must have a hydraulic tiller, and must be capable of setting a single classic track.

(b) Snowmobile with ability to pull grooming equipment.

(c) Pull-behind rollers or compaction pans/bars to pack trail.

(d) Ginzu Groomer or equal pull-behind grooming implements.

The grooming equipment must be capable of removing ruts or ski tracks, processing the snow, compressing the processed snow uniformly across the trail, setting up a smooth trail with no berms between groomer passes and setting classic tracks. The equipment must be capable of processing icy snow or old snow into granular snow that can be packed and hold tracks.

Service Specifications:

(a) Pre-season grooming (i.e. packing after first appreciable snowfall of the season) and or light touch up grooming using a snowmobile with pull-behind implement(s) shall be performed at the contract price for the pre-season grooming/touch-up for the entire trail system or by the loop. No pre-season packing or grooming will be performed prior to December 1.

(b) The first complete groom will occur on the day that snow accumulation on the trail reaches an acceptable level (normally six inches) as measured by the Parks & Recreation Director.

Request for Bid | Page 3 of 29

(c) For the Mineral Belt Trail snow grooming services will occur:

1. Within 24 hours of request for service by the Parks & Recreation Director or designee.

2. A typical grooming schedule would be Thursday and Monday nights. Additional grooms may be authorized by the Parks & Recreation Director (or his/her designee) as weather and trail use indicates. Grooming should generally be done between 10pm and 8am to minimize conflicts with skiers and to allow at least one hour for the trail to set up before expected use.

3. On any day when new snow from the most recent day of grooming equals or exceeds four inches as determined by the Parks & Recreation Director or the Contractor.

4. Careful attention must also be given to temperature, humidity, and grooming speed to maximize the effectiveness of each groom. Grooming should not be done when snow temperatures are above 33 degrees Fahrenheit

5. The service level is estimated to be approximately 32 complete grooms per site per season.

The annual service period is for four (4) months, December 1 through March 31.

(d) For the Dutch Henry Tubing Hill, Snow Grooming services will occur:

2. A typical grooming schedule would be Tuesday & Friday nights. Additional grooms may be authorized by the Parks & Recreation Director (or his/her designee) as weather and use indicates. Grooming should generally be done between 10pm and 8am to minimize conflicts with users and to allow at least one hour for the Hill to set up before expected use.

3. The tubing hill should be groomed four lanes wide (as designed), with no moguls, dips, grooves or holes.

4. On any day when new snow from the most recent day of grooming equals or exceeds four

(4) inches as determined by the Parks & Recreation Director or the Contractor.

5. Careful attention must also be given to temperature, humidity, and grooming speed to maximize the effectiveness of each groom. Grooming should not be done when snow temperatures are above 33 degrees Fahrenheit

6. The service level is estimated to be 9 complete grooms per season. The annual service period is from approximately December 15, 2025, through January 11, 2026 and March 9 to March 13, 2026 only. Outside of these dates, the Dutch Henry Tubing Hill is maintained and groomed by students from Colorado Mountain College’s Ski Area Operations courses.

(e) For the optional Mt Massive Golf Course trails, snow grooming services will occur:

2. A typical grooming schedule would be Thursday and Monday nights. Additional grooms may be authorized by the Parks & Recreation Director (or his/her designee) as weather and trail use indicates. Grooming should generally be done between 10pm and 8am to minimize conflicts with skiers and to allow at least one hour for the trail to set up before expected use.

3. On any day when new snow from the most recent day of grooming equals or exceeds four

(4) inches as determined by the Parks & Recreation Director or the Contractor.

Request for Bid | Page 4 of 29

4. Careful attention must also be given to temperature, humidity, and grooming speed to maximize the effectiveness of each groom. Grooming should not be done when snow temperatures are above 33 degrees Fahrenheit

5. The service level is estimated to be approximately 32 complete grooms per site per season.

The annual service period is for four (4) months, December 1 through March 31.

6. Grooming may require use both of a snow groomer and a snowmobile with an implement due to width limitations of the proposed trails.

(f) Grooming will be performed using the groomer unless snow conditions, breakdowns, etc.

require the use of a snowmobile.

(g) For both the Mineral Belt Trail and Mt Massive Golf Course Trails, a complete groom is one full maintenance operation for the entire length of the trail system. All loops require one pass with the groomer to create a skate lane on one side and one classic track on the other side. If a snowmobile with pull-behind implement is operated, multiple passes may be used to groom the skate lane and set the classic track. The skate lane may be groomed with a drag if conditions warrant.

(h) Powered tiller grooming shall be done when new snow depth or trail surface conditions warrant.

(i) Passive pull-behind grooming implements shall be used for service depending upon trail conditions. The Parks & Recreation Director and the Contractor will mutually agree upon trail conditions that warrant use of powered and passive grooming equipment.

(j) If scheduled grooming is not performed due to equipment failure, operator unavailability or other unforeseen circumstances, the Contractor shall perform the missed grooming the following day to catch up.

Upon approval and agreement by the Parks & Recreation Director, the Contractor may have the ability to use his/her discretion as to when to groom after blizzard snowfall or during spring freeze/thaw conditions.

The Contractor will be expected to use his/her professional expertise with consideration given to the snow conditions, skier safety and potential for erosion or damage to the trail.

Request for Bid | Page 5 of 29

Trail Maintenance Standards

1. PRE-SEASON TRAIL MAINTENANCE

TASK EXPECTED RESULT

1.1 Leveling of Trail

Prepare trail by ensuring trail is packed when snowfall occurs to ensure minimum 10-foot trail width for winter trail system.

Mt Massive Golf Course may require a smaller width and equipment.

1.2 Remove obstacles on Trail

Removal of obstacles preventing a seamlessly maintained section of trail.

1.1 Leveling of Trail

A trail flattened to a minimum width of 6-foot throughout the entire trail system (wider or a separation between pedestrian and cross-country skiing traffic where possible). Leveling of trail is initiated at first accumulative snowfall, upon discussion and agreement with the Parks & Recreation Director and is then maintained with ever accumulative snowfall (accumulative being a minimum of 6.0 inches) until track setting starts in mid-December annually.

Leveling of trail is to provide a flat surface to allow the future grooming and track setting. Ideally, the surface will be completely level or slightly concave detail. At no time will a convex detail be acceptable.

2. IN-SEASON TRAIL MAINTENANCE (to approximately March 31st annually)

TASK EXPECTED RESULT

2.1 Leveling of Trail

Prepare trail by ensure trail is packed when snowfall occurs to ensure minimum 10-foot trail width for winter trail system.

The Mt Massive Golf Course requires smaller width and equipment.

2.1 Leveling of Trail

After an accumulative snowfall, where the trail is no longer level and/or groomed sections are undistinguishable, the trail is to be flattened and leveled to a minimum width of 10-foot throughout the entire trail system (wider or a separate on between pedestrian and cross-country skiing traffic where possible).

Leveling of trail is to provide a flat surface to prepare the trail for grooming. Ideally, the surface will be completely level or slightly concave in detail. At no time will a convex detail be acceptable.

During periods of extreme snowfall, leveling of the trail will take place during the end or once the snowfall is concluded.

2.2 Grooming of Trail

Maintain the trail for pedestrian traffic by ensuring trail is packed when snowfall occurs to ensure minimum of 10-foot trail width for winter trail

2,2 Grooming of Trail The entire trail system is to be groomed to provide a flat surface, free of obstacles and indentations, Request for Bid | Page 6 of 29

TRAIL MAINTENANCE TASK SCHEDULE

The Proponent shall perform the work of this RFP in accordance with the following schedule:

1. PRE-SEASON TASKS (pending first accumulative snowfall)

TASK TRAIL MAINTENANCE STANDARD REFERENCE NO.

Leveling of trail (Task 1.1) Remove obstacles (Task 2.1)

2. IN-SEASON TASKS (per specified snow conditions in accordance with the Trail Maintenance Standards)

TASK TRAIL MAINTENANCE STANDARD REFERENCE NO.

Leveling of trail (Task 2.1) Grooming of trail (Task 2.2) system. Trails are to be groomed on a regular basis, following a minimum 6.0-inch snowfall, to ensure quality of trail.

The Mt Massive Golf Course requires smaller width and equipment.

where possible, to allow for the ease and safety of pedestrian traffic.

Grooming the trail will ideally create a completely level trail that may have a slight concave detail.

Any convex detail will be unacceptable.

Request for Bid | Page 7 of 29

Schedule C

Below is the anticipated solicitation schedule for this project:

Date of this Bid 9/23/2025

Advertisement Date 9/23/2025

Bid Questions are Due 9/30/2025

Bids are Due 10/3/2025

Bid Award Notice 10/20/2025

Contract Execution 12/1/2025

Completion 3/31/2026

Schedule D – Bid Form

Bid Submittal Instructions

The following items must be completed and submitted with your bid on or before the bid opening deadline of 5:00pm on 9/30/2025:

1. Attachment 1 – Bid Form

2. Attachment 2 – W9, if applicable*

3. All other items as requested in the Bid Specifications and/or Scope of Work.

*A current W9 is required for new Bidders. If you have previously worked with Lake County, only provide your W9 if there has been a change.

Failure to include any of the above items may result in your bid being deemed incomplete or non-responsive, and therefore subject to rejection. Bids containing exclusions or contingencies may also be disqualified from consideration.

Schedule E – Insurance

Insurance Requirements

1. The Contractor shall furnish a certificate of insurance for Commercial General Liability, Comprehensive Automobile Liability, Workers’ Compensation, and Professional Liability coverage upon notification of award and prior to the commencement of work. Work under this Agreement/Contract shall not begin until the Contractor has submitted the certificate of insurance to the County and received approval confirming compliance with the required coverage types and limits as outlined below:

a. Commercial General Liability Insurance

Coverage shall include liability, completed operations, contractual liability, broad form property damage, and personal injury.

Each Occurrence $1,000,000.00

General Aggregate $2,000,000.00

b. Comprehensive Automobile Liability Insurance

Coverage shall include all moto vehicles owned, hired, leased, or borrowed by the Contractor.

Bodily Injury and Property Damage $1,000,000.00 (each accident)

Personal Injury Protection As required by Colorado state statute

c. Workers’ Compensation Insurance

Coverage shall comply with Colorado statutory requirements.

d. Professional Liability Insurance*

Coverage shall include damages or claims arising out of the rendering or failure to render professional services.

Each Occurrence $1,000,000

Additional Insured and Insurance Provisions

2. The Contractor’s Commercial General Liability, Comprehensive Automobile Liability, Workers’ Compensation, and Professional Liability insurance policies and/or certificates of insurance shall name Lake County Government as an additional insured and shall include the following provisions:

a. Underwriters shall waive any right of recovery or subrogation against Lake County. It is the intent of the Parties that the insurance policies provide protection to both the Contractor and the County, with such policies serving as primary coverage for any and all losses resulting from the actions or negligence of the Contractor.

b. The insurance companies issuing the policies shall have no recourse against the County for payment of premiums or assessments under any policy.

c. Any deductibles or self-insured retentions under the insurance policies shall be the sole responsibility and risk of the Contractor.

Insurance Policy Approval and Compliance

3. If any of the required insurance policies become unsatisfactory to the County—either in form or substance—or if the insurer becomes unsatisfactory, the Contractor shall promptly obtain a replacement policy. The new policy must be submitted to the Lake County Attorney’s Office for approval, followed by submission of the updated certificate of insurance as required.

a. Failure by the Contractor to furnish, deliver, and maintain the required insurance may result in immediate suspension, discontinuation, or termination of this Agreement/Contract at the County’s discretion.

b. The Contractor’s failure to obtain or maintain required insurance does not relieve the Contractor of any liability under this Agreement/Contract, nor does it diminish the Contractor’s indemnification obligations.

c. The Contractor shall provide copies of all insurance policies—including initial policies, renewals, extensions, and any changes in coverage—to the County department responsible for contract administration.

Joint Venture Responsibility

4. If the Contractor is a Joint Venture, each party to the Joint Venture shall be individually and jointly responsible for completing the project in accordance with this Agreement. The parties shall have joint and several liabilities for any liquidated damages or performance bond claims related to the Joint Venture. The performance bond and all required insurance must clearly identify each party to the Joint Venture.

Insurance Mailing Information

5. Certificates of Insurance and endorsements shall be provided to the County via electronic correspondence or mail using the information below:

Email RFP@lakecountyco.gov

Mail Lake County Government

ATTN: Contract Management

505 Harrison Avenue

PO BOX 964

Leadville, CO 80461

Schedule F – Lake County Contract

Contractual Obligations

1. The successful Contractor will be required to sign a contract similar to the Lake County Professional Services Agreement or Lake County Purchase Order included in Schedule F of this document. The County reserves the right to modify these documents prior to execution.

2. Issuance of this solicitation does not commit the County to award a contract or make any procurement.

3. If a formal contract is required, the Contractor acknowledges and agrees that a Notice of Award does not constitute a binding contract or create any property interest until a contract is fully executed by both the Awardee and the Board of County Commissioners or their authorized designee.

4. The Contractor is responsible for reviewing the Lake County Standard Contract and understanding its terms and conditions, including but not limited to insurance requirements, accessibility, indemnification, equal opportunity, and termination provisions.

5. By responding to this solicitation, the Contractor indicates a willingness to enter into Lake County’s standard agreement or Purchase Order. If the Contractor proposes revisions to the standard agreement, such revisions must be submitted with the proposal. Revisions submitted after issuance of a Notice of Intent to Award may result in the rescission of that notice. While willingness to enter into the standard agreement is a general requirement at this stage, it is part of the evaluation process. Project-specific negotiations may occur as needed.

AGREEMENT FOR SERVICES

(Independent Contractor-Professional Services)

1. PARTIES. The parties to this Agreement are the Board of County Commissioners on behalf of Lake County ("County") and (“Contractor").

2. RECITALS AND PURPOSE. County is a body corporate and politic organized and operating pursuant to the laws of the State of Colorado. Contractor desires to provide certain services to County as an independent contractor. Section 8-40-202(2), C.R.S., establishes a rebuttable presumption that any person engaged to perform services for an employer is an employee, but expressly authorizes a written Agreement to rebut such presumption by containing an appropriate disclaimer. The purpose of this Agreement is to set forth the terms and conditions of the provision of said services and to establish the legal relationship between the parties, and accordingly, the parties covenant and agree to the following.

3. SCOPE OF SERVICES. Contractor shall provide those services as are described and set forth in XXX, dated XXX, attached hereto as Exhibit A and is incorporated herein by reference (“Services”).

In the event of any conflicts between this Agreement and Exhibit A, the terms of this Agreement shall control.

4. METHOD OF PERFORMING THE SERVICES. Contractor will receive general guidance and instructions from County for provision of the Services, but will independently determine the method, details and means of performing the Services. Contractor commits to use the highest professional and ethical standards in connection with the performance of the Services and agrees to abide by any rules, policies and procedures communicated by County for performance of the Services.

5. ACCESSIBILITY. Contractor, along with all work product and deliverables, shall comply with all applicable provisions of CRS § 24-85-101, et seq., and the Accessibility Standards for Individuals with a Disability, as established by the Colorado Office of Information Technology (OIT) pursuant to CRS §24-85-103(2.5). In addition, the Contractor and all work product or deliverables shall comply with all applicable State of Colorado technology standards related to accessibility, including conformance with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), as incorporated into the State of Colorado technology standards (https://www.w3.org/WAI/standards-guidelines/wcag).

6. CONSIDERATION. In consideration of the provision of services described herein, County agrees to pay Contractor a not to exceed amount for services rendered as outlined in Exhibit A.

Contractor shall invoice for completion of services rendered in accordance with terms described in Exhibit A.

https://www.w3.org/WAI/standards-guidelines/wcag

7. LICENSES AND INSURANCE. During the term of this Agreement and any extensions thereof, Contractor shall maintain a valid license covering provision of the Services and, to the extent required by law, the Services shall only be performed by individuals duly licensed and authorized by law to perform the Services. Contractor shall at its own expense secure and maintain throughout the entire term of this Agreement insurance coverage as deemed necessary by Contractor and/or County for provision of the Services. In the event such insurance is procured, it shall be with companies reasonably satisfactory and acceptable to County and Contractor shall furnish to County certificates evidencing such insurance and naming County as an additional insured on the policies. Said certificates shall contain a provision whereby the policy and/or policies shall not be canceled or altered without at least 30-calendar day’s prior written notice to County.

8. LEGAL RELATIONSHIP OF PARTIES. For all purposes, Contractor is an independent contractor of County and not an employee. This Agreement shall not be deemed to create any partnership or joint venture or other enterprise between the parties or any employer-employee relationship and is executed, in part, to rebut the presumptions set forth in C.R.S. § 8-40-202(2).

Contractor shall be responsible for obtaining Contractor's own workers' compensation, medical, health, unemployment and other insurance and coverage as Contractor deems necessary or as may be required by law. Contractor, and not the County, is responsible to make appropriate filings with federal, state, and local taxing authorities to include income tax, social security, Medicare and other payments. No federal or state withholdings shall be made by County on any compensation paid to Contractor and for services rendered under this Agreement. All compensation paid will be reported by the County utilizing IRS Form 1099. Contractor shall indemnify and hold County harmless against any claim or liability (including penalties) resulting from the failure of Contractor to pay any taxes or otherwise comply with the terms of this Section 7.

9. NON-EXCLUSIVITY. Contractor, as an independent contractor, may independently develop or provide similar services to other organizations or individuals, provided, however, that Contractor does not violate the terms of this Agreement, including but not limited to the duty to maintain confidential information and satisfactorily fulfill the Services pursuant to this Agreement.

10. STANDARD OF CONDUCT/INDEMNITY. Contractor warrants that the Services provided shall be rendered in a manner consistent with the professional skill and care ordinarily provided by Contractors practicing in the same or similar locality under the same or similar circumstances in an acceptable professional manner and in conformity with all applicable federal, state, county, and local municipal or regulatory statutes, ordinances, codes, standards, directives, rules and regulations.

10.1. Contractor agrees to indemnify and hold County, its Commissioners, officers, directors, employees, and agents (collectively, “Indemnified Parties”) harmless from and against any and all claims, demands, damages, losses, liabilities (including, without limitation, attorneys’ fees and costs) arising from or relating to:

10.1.1. Any demand, action, or suit brought by a third party against the Indemnified Parties arising out of or relating to the Services provided by Contractor; and

10.1.2. Any demand, action, or suit based upon or arising out of any negligent act or omission, or intentional misconduct, of Contractor that results in bodily injury, sickness, disease, or death, or destruction of property, of any party.

11. PROTECTION OF CONFIDENTIAL INFORMATION. In the course of performing the Services, Contractor may have access to confidential information relating to the County and its employees and/or clients and constituents, and to its processes, financials, work product, and similar. All information and materials not otherwise publicly available to parties outside this Agreement are considered confidential, whether or not expressly indicated as such, and this confidentiality must be maintained by Contractor (“Confidential Information”). Contractor shall not release or disclose any such Confidential Information without the express authorization of an authorized County representative and shall not use any such Confidential Information in any way detrimental to the County or its employees or other Indemnified Parties, or to benefit Contractor in any way. Upon termination of this Agreement, Contractor shall promptly destroy or return all Confidential Information to the County. The obligation to maintain the confidentiality of such information shall survive the termination of this Agreement. Violation of this provision shall be grounds for immediate termination of this Agreement. Contractor agrees that damages at law shall be an insufficient remedy to County if the Contractor violates the confidentiality terms of this Agreement and that County would suffer irreparable injury as a result of such violation. Accordingly, it is agreed that County shall be entitled, upon application to a court of competent jurisdiction, to obtain injunctive relief to enforce the provisions of this Agreement, which injunctive relief shall be in addition to any other rights or remedies available to County.

12. TERM AND TERMINATION. This Agreement shall commence upon execution and shall terminate as specified in Exhibit A, unless sooner terminated for cause upon seven (7) days written notice and opportunity to cure the breach, or for no reason at all by providing thirty (30) days written notice of such termination provided by that the County will pay Contractor for all Services completed and reimburse Contractor for all expenses incurred up to the effective date of termination. Neither party shall be liable to the other for any compensation or reimbursement resulting from the termination of this Agreement in accordance with its terms. The foregoing notwithstanding, the County shall have the right to recover damages in the event that it terminates this Agreement for cause.

13. NO ASSIGNMENT. The rights, duties and obligations of this Agreement are personal, and shall not be delegated or assigned by Contractor to any third party. Any attempt by Contractor to assign its rights or obligations under this Agreement shall be deemed void and shall be grounds for immediate termination of this Agreement.

14. DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party’s written request therefore. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the County Court of Lake County.

15. CONFLICT OF INTEREST. Contractor shall disclose any personal or private interest related to property or business within the County. Upon disclosure of any such interest, the County shall determine if the interest constitutes a conflict of interest. If the County determines that a conflict of interest exists, the County may treat such conflict of interest as a default and terminate this Agreement.

16. TABOR. All financial obligations of the County under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in this Agreement shall be deemed to create a debt or multiple fiscal year financial obligation of the County, a pledge of the credit of the County, or a collection or payment guarantee by the County.

17. NOTICE. Any notice contemplated or required under this Agreement shall be in writing and shall be deemed made when directly presented or sent by pre-paid, first-class United States Mail, or by nationally-recognized overnight courier service addressed as follows:

To Contractor:

To County: Lake County Board of Commissioners

505 Harrison Avenue

PO Box 964

Leadville, Colorado 80461

18. NO THIRD-PARTY BENEFICIARIES. None of the terms, conditions, or covenants set forth in this Agreement shall give rise to or allow any claim, benefit, or right of action by any third person not a party to this Agreement. Any person other than the parties to this Agreement who or which receives services or benefits under this Agreement shall only be an incidental beneficiary.

19. NONDISCRIMINATION. The County affirms that no person shall be excluded from participation in, be denied the benefit of, or be subjected to discrimination on the basis of race, creed, color, national origin, ancestry, religion, gender identity, disability, marital status, sex, sexual orientation, or veteran status under any program or activity, including but not limited to, engagement or enrollment for which they would otherwise be eligible or in which they would be able to participate.

Contractor agrees they shall comply with the County’s policies regarding nondiscrimination, together with any and all applicable laws prohibiting such discrimination. Discrimination by Contractor may be grounds for immediate termination of this Agreement.

20. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado. Venue for any legal proceeding arising from or related to this Agreement shall be proper only in Lake County, Colorado.

21. GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall be construed as a waiver of any immunities or defenses provided by the Colorado Governmental Immunity Act Act, C.R.S. § 24- 10-101, et. seq., as amended.

22. ATTORNEYS’ FEES. For any dispute arising from or relating to this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs, regardless of whether legal proceedings are instituted.

23. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties.

24. SEVERABILITY. If any provision of this Agreement is deemed or found by an arbitrator or court of competent jurisdiction to be unenforceable, such provision shall be deemed severable and the remainder of this Agreement shall be in full force and effect.

25. COUNTERPARTS. This Agreement may be executed in separate counterparts, each of which shall be deemed an original but both of which taken together shall constitute but one and the same instrument.

26. AUTHORITY. The persons signing below on behalf of the parties to this Agreement affirm that they are authorized to do so and that the parties may rely on such authority.

CONTRACTOR:

XXX

DATED: _______________, 2025 By: ___________________________________

Its: ___________________________________

STATE OF COLORADO )

) ss.

COUNTY OF XXX )

The foregoing instrument was acknowledged before me this ______ day of _________, 2025, by _________________________________________, an authorized representative of XXX.

Witness my hand and official seal.

My commission expires: _________________________.

Notary Public

DATED: ______________2025 LAKE COUNTY

By:_________________________________________

Andrew Lee, Chair, Board of County Commissioners

ATTEST AS TO COMMISSIONER’S SIGNATURE:

Tracey Lauritzen, Clerk and Recorder

LAKE COUNTY GOVERNMENT

Purchase Order

Project:

PO Number:

Issue Date:

Vendor: Ship To:

Name: Facility:

Address: Address:

Vendor Tax ID Number: Attention:

Email: Email:

Phone: Phone:

Date Required Notes:

Payment Terms

Shipping Method Shipping Terms:

Item Quantity Description/Attachments Unit Price Price Per Total Amount

Tax (If Applicable):

Purchase Order Total:

Notwithstanding the total amount specified above or in any attached Vendor documents, Vendor shall only be paid for actual goods and services provided. A change in the scope of good or services reflected in this Order shall constitute a material change of services or work to be provided. No such change, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the County. Vendor documents are informational only and if there is any conflict between such documents and this Order, the terms of this Order take precedence. If Vendor proceeds without such written authorization, then it shall be deemed to have waived any claim for additional compensation. Any obligation of the County not performed in the current fiscal year shall be subject to annual appropriation of funds by the County’s governing body, as required by Article X, Section 20 of the Colorado Constitution. Should sufficient funds not be appropriated for the County’s performance in future fiscal years this agreement shall terminate and be of no further force or effect. Vendor certifies by its signature that it has not been suspended, debarred, voluntarily excluded, or otherwise rendered ineligible, its principals have not been suspended, debarred, voluntarily excluded or otherwise rendered ineligible to participate in a federal payment program for a Covered Transaction by any Federal or State of Colorado department or agency as provided in OMB guidance, 2 CFR part 180, implementing Executive Orders 12549 and 12689. A “Covered Transaction” is defined as those procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000.00 or meet other specified criteria. If applicable, by signing below, Vendor certifies that it has completed the verification by checking the “Excluded Parties List System” (EPLS) at www.SAM.gov.

This Purchase Order is subject to the attached Terms and Conditions, which are incorporated herein.

County Authorized Signature Date

Vendor Authorized Signature Date

TERMS AND CONDITIONS

Lake County Board of County Commissioners (“COUNTY”) and “Vendor” named above, in consideration of the terms, covenants and conditions set forth in this Purchase Order (“Order”) hereby agree as follows:

1. Scope of Order: The Order is the agreement, which includes and consists of one or more face pages for materials, goods and/or services to be furnished by Vendor, and any documents attached or referred to within such Order.

2. Acceptance – Agreement: As a condition of acceptance, an authorized representative of Vendor shall sign where indicated on the face of the Order.

Vendor’s provision of any goods or commencement of services subject to the Order prior to signature shall be deemed an effective mode of acceptance of the Order.

3. Delivery and Performance: TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THE ORDER. Vendor shall fulfill the Order in accordance with the “Date Required” specified in the Order. If no such date is written on the main page of the order, then Vendor shall deliver goods and materials and/or commence services upon one week notice from COUNTY.

4. Termination: COUNTY may terminate an Order or any part thereof in the event of any default by Vendor, or if Vendor fails to comply with any of the terms and conditions of the Order. In the event of termination for default or breach by Vendor, COUNTY shall not be liable to Vendor for any amount, and Vendor shall be liable to COUNTY for any and all damages sustained by reason of Vendor’s default or failure which gave rise to the termination. COUNTY also reserves the right to terminate an Order or any part thereof for its’ sole convenience. In such event, COUNTY’s sole liability shall be payment of a reasonable termination charge consisting of a percent of the Order price reflecting the percentage of the services performed, delivery of goods specifically manufactured for the COUNTY, or reimbursement for non-returnable materials or supplies purchased prior to the notice of termination, provided that Vendor shall have an obligation to take reasonable steps to mitigate its damages.

5. Documents: This Order shall be completed in accordance with any documents provided by COUNTY (the receipt of which Vender hereby acknowledges) and which are incorporated herein by this reference.

6. Confidentiality: All information furnished by COUNTY or disclosed to or viewed by Vendor is Confidential. Vendor shall not disclose any such information to any other person or use such information for any purpose other than performing an Order, without prior written consent from COUNTY.

7. Warranty: Vendor expressly warrants that all goods and services furnished under an Order shall conform to all specifications and requirements stated in the Order; that such goods and services shall be of recognized standard quality or better, be new, and be free from defects in material and workmanship. Vendor warrants that all such goods and services will conform to all statements made on the containers or labels or advertisements for such goods, or services, and that all goods will be adequately contained, packaged, marked, and labeled. Vendor warrants that all goods or services furnished hereunder will be merchantable, will be safe and appropriate for the purpose or purposes for which such goods or services of that kind are normally used, and shall be free from any claim of any third party. Vendor agrees to replace or correct defects of any goods or services not conforming to the foregoing warranties promptly and at its sole expense, when notified of such nonconformity by COUNTY. Should Vendor fail to take such action, COUNTY may elect to make such corrections or replace such goods and services and charge Vendor for all costs incurred by COUNTY in doing so; which costs Vendor shall reimburse COUNTY within thirty (30) days of COUNTY’s request.

8. Price Warranty: Vendor warrants that the prices shown on the Order shall be complete, and that no additional charges of any type shall be added without COUNTY’s express written consent.