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HomeMy WebLinkAboutbocc.con.110.2008CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: - l 0 - 2 ©o ~ ORIGINATING DEPARTMENT/DIVISION: HR CONTACT PERSON:~~y ~/s ,~I~q"TIi cL PHONE #: 9 ~ o ~ SLo Q' PROJECT NAME: GM PLO~EG (}~T~T~~G~S/~itS3rA~c'~7-(O.J SuR.UG~~ ^ BOCC AGENDA ITEM ,®STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (per Revised Procurement Code 7/2005) CHECK PROCUREMENT TYPE: None ^Informal ^Formal~Sole Source ^Emergency ^State Bid ^ Compliance with House Bills 06-1343 and 07-1073 (Under $10,000, Letters of Engagement, etc.) CHECK CONTRACT TYPE: DOLLAR AMOUNT: 2 Si D o a -t f-- ~:..-~-Q._ BUDGET LINE ITEM/LEDGER NUMBER: p6! . !!. da°°a, k 2. ~ a (for county employees) ental Agreement (Requires BOCC Action) Equipment, Supplies (e.g. revenue) CONTRACTOR/BUSINE Contract Execution Date: z 'I° ~ Automatic Renewal ^Yes ~]No Agreements (Requires BOCC Action) ;e Order/Contract Amendment Complete Legal of Name of Business Contract End Date: ~ y~a ~ ~ o C' Term of Contract: 1 ~ µa y.~S All Contracts should be proofed for the following: / [v~IGo Pages Missing / ^If a Page is Left Intentionally Blank-Note on Page / ]Page numbered consecutively / ~p,ll Signatures Affixed / DAII Dates Filled In / ^All Other Blanks Filled In / ^All Exhibits Attached / [/THB 06-1343 and 07-1073 Legislation Included in RFP and/or Contract / ^All Legal Descriptions Attached (if appropriate) / ^Notice of Award/Proceed Attached (if appropriate) / ^Warranty,ifapplicable J ~SpecialInstructionsforFinanceDepartment: ho~'~ ~z- P~`"'r""'C a~ [~ent to Clerk and Recorder for Scanning/Archiving ~Authoriaed Staff Person's Name'-~(, y ~ .S ,~{~ ~-,'~ { BY CHECKING ABOVE AND ENTERIN yNAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. AMENDED 04/01/08 iti I/O i CQ, I~ ~y PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Hilary Fletcher, County Manager DATE: March 24, 2008 FROM: Phylis Mattice, Internal Services Director Proposed Contractor: Alliance for Innovation Product/Service: Cultural Survey -Follow-up Contract # 110-2008 Estimate annual expenditure for the above product or service: $25,000 plus travel This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of this form. This purchase is clearly and legitimately limited to a Single or Sole Source because the good or service (check all that apply by initialing in each space): 1. X Sole Source request is for the original manufacturer or provider, there are no regional distributors. Explain why: Orieinal Survev was comroleted in 2004. This is the same provideawho comroleted the survey for consistent data for follow-uro 2. Sole Source request is for the only greater western slope area distributor of the original manufacturer or provider. Explain why: 3. The parts/equipment are not interchangeable with similaz parts of another manufacturer. Explain why: 4. This is the only known item or service that will meet the specialized needs of the County/Department or perform the intended function. Explain why: The parts/equipment are required from this source to permit standazdization. Explain why:_ 6. Other. The undersigned requests that Pitkin County waive other procurement requirements and recognize this transaction as a sole source exception to the Pitkin County Procurement Code. ~J 1~ OP` ,Department Head Date Phylis ttice, ection Head Signa ure Date Request Approved By: ~d'LI, 7'G 3 ~ a ~. b~ Request Denied County Manager Reason for Denial: 04/03/2008 11:06 FAX 002/009 Rev U3/5/ORjr. CONTRACT FOR PROVISION OF SERVICES Contract # 110.2008 Budget Line Item #001.11.00000.82601 THIS CONTRACT is made and entered by and between the Pitkin Count), Board of County Commissioners ("Coin') and AWance for Innovation (her'einafter "Conhacto T@Sd~• The term of this contract is tom February 1, 2006 to December 1, 2008. 2. ~n!~- -M---:or..~s ObliB~ons. Contractor shall provide the services of Inces Strategy to develop and conduct an employee attitude/satisfaction culture survey. The payment of S2SK for the Satisfaction and Culture Assessment including: ^ Presenting project to senior management sta$ conducting Focus Groups, developing custom attitudinal questions - 25% payment scheduled • Place Culture and Attitude survey online, open for a minimum of 8 days Complete an analysis of the survey - SO•/u PBym~ scheduled • Assist in the development of an Action plan based on the results of the survey • Conduct Action Plan workshops with Supervisors and Action Team • Conduct two Employee forums to outline the results and the initiates of the Action Plan, - 25%payment scheduled Phrs all travel, including all air travel and accommodation expenses for Greg Inner and Tom Jackson of Inner Strategy to be paid with 10 days for being invoiced, Plus 10% fee 2.SK to the Alliance on the SatisfactioNCulture work 3• om ensation aad Exnene.e Invoicin a vm_,.nt and Offser. The Coumy shall compensate Contractor for rte services m at.cordence with the Project Budget and Schedule set out in Paragraph 2. It is expressly understood and agreed that is no event will the total o0 reimbwsement to be paid hereunder exceed the sum of $45K for all services rendered. Bey coptra for amendment, the County aad Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged as sct out in Paragraph 2, but any Payment by the County maybe offset by any amount the Cortractor owes the County for any reason. 4' °LL° ~ Ve f Work Pr guidelines, other documents and software outputs Prepared by Contractor~m connection with thin contract shall be the property of the County, the underlying software remains the exclusive 1P of Innea Strategy. However, Contractor shad have the right to utilize such documents in the cowse of its marketing, professional presentations, and for other business pwposea. Contractor assigns to Coumy the copyrights to all work Prepared, developed, or created including the right to: 1) reproduce the work; 2) prepare derivative works; 9distribu~te opies o the public; 4) perform the works publicly; and S) to display the work publicly. Comractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other busicess purposes- S catkin Coantv_,,, s~~6 ~on . Pitkin Co a County Representative. Phylis Mattice, Internal Services Directo~ster this contract through manage the project as 04/03/2008 11 06 Fkk: m 003/009 the County's Represemative. In the event that Phylis Mattice is not available, Laura Lana Sbhan, Human Resources Manager shall assume the County Representative's duties. The services provided and products delivered by the Contractor nailer this contract will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. 6• rlot to Exniratio r+++r.n~-t Term• The County has the right to terminate this contrail, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contactor pursuant to this contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the wmract for any eatietliaory work completed pursuant to the terms of this contract prior to the date of termination. Not withstanding the above, Contractor shell not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. 7. Ind ant Contractor CrAn,a. A. The patties to Chia contract intend that the relationship between them wntemplated by the contract is that of independent Contractor. Connector, and any agent, employee, or serveat of Contractor shall not be deemed to be an employee, agent, or servant of Firkin County. 13. Contractor is not required to offer his services exclusively to Firkin County under this contract, Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. C. Cofactor warrants that a4 work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contrailor's obligations under this comract. D. Contractor shall not attempt to oversee or supervise the work or actions of a~+ Pitkin County employee, servant or agent in the course of completing work under this contract. E. Contractor is not entitled to soy Workers' Compensation benefits through Pitldn County and is responsible for payment of arty federal, state, FICA and other income tmres. 8• ablity. This camtract is not assignable by either party. Any use of subcontractors by the Contractor for perforrrtartce of this coiuract must be accepted in writing by the County 9• ~ Any disputes ariaiog out of this contract shad be subject to binding arbitration. The parties agree that arty disputes concerning the terms a~ conditions of this contrail shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to 2 04;'03/2008 11:06 FAX fpJ 004/009 the rnlea Of the Arttericart Arbitranop Asaopatroo and Shall be Rcv 03/Si08j, presided over by the Prtlan County Hearing OEcer appointed to arbitrate 1'iHdri County cbnoract disputes. Costs ofthe rrrbitration shall be awaMed to the substantially prevailing part},. 10• qty. In the evem that arty provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contrail shall remain valid and binding upon the parties hereto 11. ~r~pratiort and Modi6ration A This contract repressors the entire and integrated contract between the County and the Contractor and supersedes ell prior negotiations, representations, or conned, either written or oral. This contrail may be amended only by written contract signed by bolt the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually ageed upon between the County and the Contractor, shall be in writing and upon execution shall become part ofthis contract. 12. A. The Contractor (ucluding, by definition here and hereinafter, its o>licials, ~P1oY~, agents sail representatives, subcontractors and suppliers), shell and hereby does release, discharge, indemnify and hold harmless the County of Pitldn sad its ot&iala, employees, agents and repar'~tttatives from and against liabr7ay ~' ~3' claim, demand, lose, damages, penattY,1~l~, expenses, costs (ucluding costs of investigation and defense), fees (including reasonable attorney and expert witae99 fees) or compensation in arty form or food whatsoever for any bodily injruy, death, personal injury or property damage arising out of or in coanoction with any n~ligent act, intentional act, error or omission by the Contactor, and for anY consegrtential liabr7ity alleged to accrue against the Coutrty on accqurit of the Contractor's acts, errors or omissions; provided, however, that such indetnairy shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. B. The Co~actor further shall investigate, Process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsrrits related hereto at its sole expense and shall bear all other coats and expenses related thereto, even if the claiar, demand or lawsuit is groundless, false or fraudulen. 13. 1}~g~. A In whole or is part, the Contractor shall secure and ntaumain for the term of its caamacdtal relationship with the County such invrnance policies, fivm companies licensed in the State of Colorado, as will protect itself; the County and others es specified, from claims for bodily injuries, death, personal m1mY or ProP~Y d which may arise out of or result from the Contractor's ads, errors or omissions. The following insurance coverage, at or above the limits indicated acrd includirg such andotsemarts as are indicated by an "X", are required. Statutory Workers' Compensation: Colorado stahrtory minirmtms 04;'O~i 2006 11'06 FAX 005/009 Rcv 07/$/pgjx 2' COm~C181 motel L18b111ty -ISO 1998 Fotm or equivalenrt «' Co~u~'wrui"`°d°'d°~tr°nalbt~ Fah Limit 51.000.000 nn C'~ a Ltmrt SZ000.000 00 Prodttcts/Completed Operations Aggegate Limit SZ_000 000.00 Compreben~ve Form (All risks) to iadttde (p1aaX by ~~plicable provisio.,~: -~ Pcemisae/Operations Underground, Explosion & Collapse Hazard -~ Producta/Completed Operations ~ Conhactual Liability ~ Independent Contractors and Subcorrtractors ~ Broad Form Property Damage ~ Personal Injury 3• Business Auto Coverage: Combined Single Limit Liability (each accidem) $1.000 000 nn Indtidiag all owned, non-owned, and hired ve]ricles. 4• Special Coverages (dudr ar approprlote and inset vr+wnr): ._ (1) Pesfortrranoe Bond Labor and Material Payment Bond (2) Professional Faiors and Omissions (3) Airtaa& Liabr7ity _ (4) Owner's Protective _ (5) Builder's Risk _ (6) Boiler and Machinery ._ ('n Loss ofUse Instumice _ (8) Pollution, Liabr7ity (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proofof)nsurmce; 1 • To provide evidence of the required insurance coverage, copies of Certificates of Insurance in a form acceptable to the Coumy she]] be filed with the County through the representative ideurified in Paragraph S, no later than ten (10) calendar days prior to com- mencemeet of operations affecting the County. Failut'e to file or maintain of Insurance with the C acceptable Certificates of Insurance shall contain a pr~v;s~lon ~ hat ~ serial breach of auy contract. These Certificates canceled or materially altered unless at least ~ afforded under the policies will not be thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the Procurement Officer. (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then- current policy declarations page). oaioai2ooa ii.oe F,~x ~ oosioos Rcv 0;{/5/OAjn Simuhaneorrsly with the Certificates of lnstuattce, the Conltacxar shell file with the Proauernent Othcer a certified statem®t av to claims pending against the r'e9~ coverages, reserves established on account of such cla®s, defrase costs expended and ar>mrmts remaiamg on polity limits, 2. Tn additioq these Ceatificates of L>suranoe shall contain the following clauses; a. The clause "other it>9ruaoce provisions,° is a policy in which the County ofPitldn holds a Certificate, shall not apply to the County of Firkin. b. The insurance oompames issuing the po&cy or policaes hereunder shell have no recourse against the County of Firkin for paymart of a~ premiums or for asvessmems under a~+ form of policy. c. Arty and all deducn'blea is the above-described insurance polices shall be assumed by aixl be for the amount of; and at the sole expense of the Contractor. d. location of operations shall be: °all operations and locations at which work for the refix+ertced project is being done.,, 3. Certificates of Lrsruarrce for all tetrevval policies shah be delivered to the County's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or thereafter. policy and any policy mdorsemmt a~ ovary reserves the right to request and t~eive a coPY ~~Y any time during the term of this conttacx. 14. Fno' .All purchases of construction, building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Firkin County is exempt from such taxes under registration numbers 98-02624 and 8478000•SK. 15. R~) yq, The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract for a period of three (3) Years after final payment under the contract and the Coumy shall have the right within the three (3) year period to inspect and audit these books, records end documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the couq'act and applicable law. 16. in o .The parties agree that this contract was made in accordance with the laws of the State of Colosado and shell be so conatnred. Venue is agreed to be exclusively in the courts of Pitldn County, Colorado. 17. key's Fees. In the event that legal action is necessary to eatbrce a~ of the provisions of this contract beyond the arbitration dese~rbed im Paragraph 9, the substantially Prevailing party shay be entRled to its costs and reasonable attorney's fces_ 18. Goyernmen~~umt~r. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms 04i03i 200£ 11 07 Fki'~, ~ oo7ioo3 (PAY S1$U,000.00 per pin ~ $~ 000 Re~~ 03/S/URja per occurrence) of a~ other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et. Seq., C.RS., as from time to time amended, or otherwise available to Pitkin County or any of its oSic~s, agems or employees. blather, nothing in this contract shell be cotlstrtred or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any Persan of ~Y ProP~Y damage whatsoever which is earned by the negligence or other misconduct of the Country or its agent or employees, 19. Cun 4nt Year Obli ationa, The parties acknowledge and agree that arty payments provided for herermds or re;quirernents for flrture appropriation shall constitute oNy currently budgeted expenditures of Pitldn County, Pitkin County's obligations wader this contract are subject to Firkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requiremem in any ensuing fiscal Year beyo~ the then cxirrem fiscal year of Pitkia Coumy. No provision of the contract shall be wnstrued or interpreted es creating amultiple-fiscal year direct or indirect debt or other financial obligation of Firkin Courrty within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Firkin County to make any payments beyond those appropriated for Firkin County's then current fiscal year, No provisions of this contras shell be construed to pledge or create a lien on airy class or source of Pitkin County's moneys, nor shall any provision of this oorrtract restrict the future issuance of Firkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 20. Notice. Arty written notice required by this contras shall be deemed delivered through any of the following: (l) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: A. To Pitkin County Phylis Mattice 530 Esat Main St. Aspen, CO 81611 Fax: 970-920.5198 wgh copies to: Pitkia County Attorney's l1~ce 530 E. Main Street, #302 Aspen, Colorado 81611 B. To Contractor: Alliance for Itmovation PO Sox 16645 Tampa, FL 33687 Fax:813-664-0051 21. ComnL+a_nce with house B~ 06-134 n*w House.13i1107-]~ 6 04/03/2008 11 07 FAX 006/009 A. Tn compliance with House Br7106-1343 and House Bill 07-1073 amending Tithe 8~~~ of the Colorado Revised Statutes by the addition of P-rticle 17.5, Illegal Aliens-public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor sholl not: Knowingly employ or cormact with an illegal alien to perform work under this contract or, 2. Enter into a comract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or comract with en illegal alien to perform work under this contract, B• !n comP~ance with House Ball OCr1343 and House $dl 07-1073 enacted by the General Assembly of the State of Colorado: 1. The Contractor has con9rmed or attempted to confirm the employment eligibility of all employees who aro newly hired for employment is the United States ~ou8h Participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, or its successor and expanded in Public Law 156, 1081° Congress, or its successor, that is admitristered by the United States Department ofFlomeland Security] and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into this contract, the Cot-erador shall apply to participate in the Basic Pilot Program every three momha until the Contractor is accepted or this contract has been completed, whichever is earlier. This provision shall not be required or effective if the Basic PHot Program is discontinued. 2. The Contractor shall be proln'bited from using Basic Pilot Program procoduros to undertake pre-employment screening of job applicants while this contract is being Performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an r~legal alieq the Contractor shall be required to: a. Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with as illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (s) of this paragraph (3) the subcontractor does not stop employing or contracting with the illegal aliens; except that the Contractor shall not terminate the contract with the subcontractor if during such three Jaye the subcontractor provides information to establish that the subcomractor has not knowingly employed or contracted with an illegal alien. 4. The Connector shall comply with arty reasonable request by the Department of Labor and Employment made in the course of en investigation that the of Labor 04:03;2009 11 Oi fAK f~ 009/009 yy~~,,,,,,,,,,~~ k 7~ 03/5/UR,jF ~ "''Y'DYn~ ~ ~~$ pursuant t0 th0 ' estebhshed m Subsection (5) of C.RS. § 8-17.5-102. 1N WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. liate PITKIIV COUNTY; By; ~1~~- ~-3-0~ otized Signer Date