HomeMy WebLinkAboutbocc.con.112.2008CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT #: 112-2008
ORIGINATING DEPARTMENT/DIVISION: Facilities Management/PW's
CONTACT PERSON: Jodi Smith PHONE #: x5396
PROJECT NAME: Annual Fire Inspection Services Contract
^ BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (per Revised Procurement Code 7/2005)
^ Over $50,000 (Requires County Manager's Signature)
/ CHECK PROCUREMENT TYPE:
^None ®Informal ^Formal ^Sole Source ^Emergency ^State Bid ^
^Compliance with House Bills 06-1343 and 07-1073 -Immigration Form (Under $10,000, Letters of Engagement, etc
DOLLAR AMOUNT: 6,740 plus $75 each backflow test BUDGET LINE ITEM/LEDGER NUMBER:
various building line items -depends on the building
/ CHECK CONTRACT TYPE:
®Services/Maintenance ^Employment (for county employees)
^License/Use ^Intergovernmental Agreement (Requires BOCC Action)
Equipment, Supplies UGrant Ageements (Requires BOCC Action)
(e.g. revenue) ^Change Order/Contract Amendment
CONTRACTOR: Western States Fire Protection Company COMPLETE LEGAL OF NAME OF BUSINESS (if
different from contractor) Same
Contract Execution Date:May 20, 2008 Coutract End Date: May 20, 2009
Automatic Renewal: ®Yes ^No Term of Contract: two additional one-year terms
c~~..
~JT~ All Contracts should be proofed for the following:
/ ®No Pages Missing
/ ^If a Page is Left Intentionally Blank -Note on Page
/ ®Page numbered consecutively
/ ®All Signatures Affixed
/ ®All Dates Filled In
/ ®All Other Blanks Filled In
/ ^All Exhibits Attached
/ ®HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract
/ ^All Legal Descriptions Attached (if applicable)
/ ^Notice of Award/Notice to Proceed Attached (if applicable)
/ ^ WarranTy (if applicable)
/ ^Special Instructions for Finance Department:
/ ®Sent to Clerk and Recorder for Scanning/Archiving
/ ®Authorized Staff Person's Name: Jodi Smith
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
PITKIN COUNTY FIRE INSPECTION SERVICES Contract #112-2008
Budget Line I[em #Purchased Services per building_ 2ov o7/5/o8js
.~ •
THIS CONTRACT is made and entered by and between the Pitkin County Boazd of
County Commissioners ("County") and Western States Fire Protection Co. 7026 South
Tuscon Wav, Centennial, Colorado 80112 (3031792-0022 (hereinafter "Contractor").
1. Term. The term of this contract is from Mav 20, 2008 to May 20, 2009. At the
expiration of the initial term, the contract may be extended for an additional term of two one-
year extensions by the egress written consent of both parties.
2. Contractor's Obli atg ions. Contractor shall provide the following:
SERVICE OF THE FIItE PROTECTION EQUIPMENT: The County agrees to purchase
and Company agrees to provide service without liability and not as an insurer, as described
herein, services for the purpose of maintaining, inspecting and testing County's fire protection
equipment in accordance with the terms and condition of this agreement. EXHIBIT A=Proposal
dated Apri13, 2008. Facilities Included are as follows:
1. Health & Human Services 405 Castle Creek Road, Aspen -Annual Test on Wet
Sprinkler; Dry System
2. Public Works/Fleet 76 Service Center Road, Aspen -Annual Test on Wet Sprinkler
3. Jail (behind Courthouse) Aspen -Annual Test on Wet and Dry Sprinkler System
4. Courthouse; 506 E. Main St, Aspen -Annual Test on Wet Sprinkler System
5. Courthouse Plaza Bldg; 530 E. Main St, Aspen -Annual Test on Wet Sprinkler System
6. Library; 120 N Mill St, Aspen -Annual Test on Wet Sprinkler System
Services within the contract:
• Annual Test of Backflow Preventer Price:
• Sprinkler System 3-year trip test of dry sprinkler systems per NFPA 25
• Annual Test of (2) Clean Agent (FM200/Ecazo) Fire Protection System w/alarm controls;
This service will be provided out of arr Denver o)7ice and includes travel time, and per
deim.
Unless otherwise specified, all work is to be conducted during normal working hours 7:OOAM -
S:OOPM, -Monday-Friday, excluding holidays.
Exclusions: All work on 110vac circuits, independent smoke alarms, sales tax, recharges,
hydrotests and cosmetic repair work. Unless specifically agreed, all repair work and/or
replacement of parts will be billed at $]OS/hr during normal working hours. Technician Cost is
calculated portal to portal.
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Pitkin County Facilities Management, 485 Rio Grande Place, #tot, Aspen, Co 8r6u
970-920-5396> 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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CONTRACT FOR PROVISION OF SERVICES
PITKIN COLTNT'Y FIRE INSPECTION SERVICES Contract #112-2008
Budget Line Item #Purchased Services per buildine 2ev os/5/O8js
MAINTENANCE INSPECTIONS AND SERVICE: For the agreed on amount, as shown on
Exhibit A the attached Proposal, during the term(s) of this Agreement, Company agrees to
provide preventive maintenance and inspection, certification, service and parts as follows:
A. Periodic maintenance inspections of the fire protection equipment described in our attached
Proposal means to inspect, test, and adjust the systems to assure components thereof are
operating within the manufacturer's acceptable standards. County will be notified, in writing, of
any components found not to be within accepted operating standards. Components will be
repaired or replaced only upon written authorization of the County and invoiced at the service
rates (s) set forth under the Clarifications of the Proposal. The frequency of each inspection shall
be identified within the Proposal, beginning with the first inspection.
B. Any additional work, material or services outside the scope of this Agreement, which is
requested by the County and furnished by the Company, may be provided by the Company at its
sole discretion. Further, such additional work, material or services shall be delivered under the
terms of this Agreement, and by execution hereof. County acknowledges that this Agreement
shall be incorporated into and become a part of any order for such additional work, equipment or
services.
C. If in the sole determination of the Company, and at any time prior to or during the term of this
Agreement, the equipment or any portion of it cannot be adequately inspected, repaired or
adjusted on-site to bring it to an acceptable condition, Company shall have the right, at its
discretion, to cancel this Agreement. If, alternatively and in the sole determination of the
Company, portions of the system which cannot be brought up to acceptable level of operation
through service and maintenance, in lieu of canceling the Agreement and the inspection and
maintenance charge adjusted accordingly.
D. Repair(s), diagnosis, addition(s) change(s), relocations) or emergency services are not
included within the inspection amount quoted unless otherwise specifically stated. These
services will not be provided without the authorization of the County and will be invoiced at the
company's then current hourly rate for services, including travel chazges and per-diem. Service
calls during normal working hours will be invoiced based upon cost portal to portal and a (2)
hour minimum. Afrer hours service calls will be based upon portal to portal and a (3) hour
minimum. County aiso agreed to pay Company an overtime rate of (1 %) times the hourly rate
for service(s) required at other than normal working hours for the Company except for Sundays
and Holidays which will be at an overtime rate of (2) times the hourly rate of service. Service
parts and applicable material will be charged out in accordance with Company's current
established pricing, not to exceed the Manufacturer's current published list price.
RESPONSIBLITIES OF COUNTY: The County agrees to:
A. Promptly notify Company of any known or suspected trouble or malfunction in the
equipment.
B. Meet Manufacturer' specifications. All replaced parts become the property of the Company if
approved by the County.
Pitkin County Facilities Management, 485 Rio Grande Place, #toT, Aspen, Co 816u
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
PTTKIN COUNTY FIRE INSPECTION SERVICES Contract #112-2008
Budget Line Item #Purchased Services oer buildine Rev 03e/OBjs
C. Authorize Company, its agents and employees, for purposes of this Agreement, to enter upon
the premises of County, to repair, maintain or inspect the equipment and to make any changes or
alteration to the equipment, as may be necessary. County also agrees to provide Company with
Appropriate working space, including adequate light, electricity, telephone access, ladders or
lifts as required for Company's use in providing service(s) under this Agreement. In addition,
County agrees to provide one individual to monitor the control panel during testing and
certification.
D. Designate suitable representative(s) satisfactory to the Company as exclusive contact(s)
between Company and the County, who shall have authority to make decisions on behalf of
County concerning service of the equipment by Company.
E. Neither authorizes nor permits maintenance, repairs or modifications of any kind to be made
to the equipment, except by the Company or as specified and approved in advance by the
Company.
F. Assume complete responsibility for the maintenance and repair of the system except as is set
forth in this agreement.
ADDITIONAL COMPANY RESPONSIBILITY.
A. Company will provide service calls and emergency service, upon request of the County,
subject to any delay which may be occasioned by strike, riot, acts of god or any other
circumstances beyond the control of the Company, as soon as it is reasonably practical to do so.
Company will make reasonable efforts to attend promptly to the emergency needs of the County,
but it can make no guaranty of response time by the company or what may be required to
properly service the equipment.
B. In the event a malfunction of a type covered by this Agreement has not been remedied before
this Agreement has terminated for whatever reason, any service requested by the County
thereafrer may be provided by the Company in its sole discretion and at the Company sthen-
current rates for services, including travel charges, per diem and materials.
C. Company will provide necessary test equipment required to perform service(s) under this
Agreement.
D. If replacement parts are necessary under this Agreement, Company may provide new and /or
used replacements with the approval of the County.
F. All invoicing will be include each facility with date of inspection; lump sum invoicing will
not be accepted by the County. A detailed report of testing and findings with recommendations
for remediation and cost estimate of repairs shall be included with invoices.
3. Compensation and Exuenses, Invoicine. Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and Schedule set out in
Paragraph 2. It is expressly understood and agreed that in no event will the total compensation and
reimbursement to be paid hereunder exceed the sum of Six Thousand, Seven Hundred Forty Dollazs
Pitkin County Facilities Management, 485 Rio Grande Place, #IOt, Aspen, Co 816u
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
PITKIN COUNTY FIRE INSPECTION SERVICES Contract #112-2008
Budget Line Item #Purchased Services per building_ Rev 03/5/08js
and Zero Cents, Plus $75 Each Annual Test of Backflow Preventer ($6,740.00) for all services
rendered. By contract or amendment, the County and Contractor may reallocate the budget among
project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project
monthly based on hours worked, with payment expected within thirty (30) days of invoice, but any
payment by the County may be offset by any amount the Contractor owes the County for any reason.
4. County's Exclusive Ownership of Work Product. Drawings, specifications,
guidelines and other documents prepared by Contractor in connection with this contract shall be
the property of the County. However, Contractor shall have the right to utilize such documents
in the course of its marketing, professional presentations, and for other business purposes.
Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant
to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3)
distribute copies to the public; 4) perform the works publicly; and 5) to display the work
publicly. Contractor shall have right to use materials produced in the course of this contract for
marketing purposes and professional presentations, articles, speeches and other business
purposes.
5. Pitkin Countv's Obli atg ions. Pitkin County shall administer this contract through
a County Representative. Jodi Smith, Facilities Mana¢er will manage the project as the
County's Representative. The services provided and products delivered by the Contractor under
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. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this contract, 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 unfmished
documents, data, studies and reports prepared by the Contractor pursuant to this contract shall
become the County's property. Contractor shall be entitled to receive compensation in
accordance with the contract for any satisfactory work completed pursuant to the terms of this
contract prior to the date of termination. Not withstanding the above, Contractor shall 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. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them
contemplated by the contract is that of independent Contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of
Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin
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.
Pitkin County Facilities Management, 485 Rio Grande Place, #to1, Aspen, Co 816u
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
PITKIN COiIN'i'Y FIRE INSPECTION SERVICES Contract #112-2008
Budget Line Item #Purchased Services oer building Roy 03/5/o8js
C. Contractor warrants that all work produced will conform to all applicable
industry standard of care, skill and diligence in the performance of Contractor's obligations
under this contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of
any Pitkin County employee, servant or agent in the course of completing work under this
contract.
E. Contractor is not entitled to any Workers' Compensation benefits through
Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes.
8. Assignability. This contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this contract must be accepted in writing by the
County.
9. Bindine Arbitration. Any disputes arising out of this contract shall be subject to
binding arbitration. The parties agree that any disputes concerning the terms and conditions of this
contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant
to the Hiles of the American Arbitraton Association and shall be presided over by the Pitkin County
Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall
be awarded to the substantially prevailing party.
10. Severabilitv. In the event that any provision of this contract shall be held to be
invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding
upon the parties hereto
11. Inteeration and Modification
A. This contract represents the entire and integrated contract between the
County and the Contractor and supersedes all prior negotiations, representations, or contract, either
written or oral. This contract may be amended only by written contact signed by both 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 agreed upon
between the County and the Contractor, shall be in writing and upon execution shall become part
of this contract.
12. Indemni
A. The Contactor (including, by defmition here and hereinafter, its officials,
employees, agents and representatives, subcontractors and suppliers), shall and hereby does release,
discharge, indemnify and hold harrnless the County of Pitkin and its officials, employees, agents and
representatives from and against liability for any claim, demand, loss, damages, penalty, judgment,
expenses, costs (including costs of investigation and defense), fees (including reasonable attorney
and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury,
death, personal injury or property damage arising out of or in connection with any negligent act,
intentional act, en-or or omission by the Contractor, and for any consequential liability alleged to
accrue against the County on account of the Contractor's acts, errors or omissions; provided, how-
Pitkin County Facilities Management, 485 Rio Grande Place, #IOI, Aspen, Co 8t6u
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
PITKIN COUNTY FIRE INSPECTION SERVICES Contract #112-2008
Budge[ Line Item #Purchased Services oer buildine 2ev 0315/oafs
ever, that such indemnity 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 Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole
expense and shall bear all other costs and expenses related thereto, even if the claim, demand or
lawsuit is groundless, false or fraudulent.
13. Insurance.
A. In whole or in pari, the Contractor shall secure and maintain for the term of its
contractual relationship with the County such insurance policies, from companies licensed in the
State of Colorado, as will protect itself, the County and others as, from claims for bodily injuries,
death, personal injury or property damage, which may arise out of or result from the Contractor's
acts, errors or omissions. The following insurance coverage, at or above the limits indicated and
including such endorsements as aze indicated by an "X", are required:
Statutory Workers' Compensafion: Colorado statutory rnirurnums
2. Commercial General Liability -ISO 1998 Form or equivalent
(N9th Pitkin County named additional insured)
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Comprehensive Form (All risks) to include (placeX by applicable provisions):
X Premises/Operations
Underground, Explosion & Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
3. Business Auto Coverage:
Combined Single Limit Liability (each accident) $1,000,000.00
Including all owned, non-owned, and hired vehicles.
Special Coverages (check as appropriate and insert amormy:
(1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
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Pitkin County Facilities Management, 485 Rio Grande Place, #1ot, Aspen, Co 8T611
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
PITKIN COiJN'11 FIRE INSPECTION SERVICES Contract #112-2005
Budget Line Item #Purchased Services per building_ ae~ o3isi0sjs
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insumnce:
1. To provide evidence of the required insurance coverage, copies of
Certificates of Insurance in a form acceptable to the County shall be filed with the County
through the representative identified in Paragraph 5, no later than ten (10) calendar days prior to
commencement of operations affecting the County. Failure to file or maintain acceptable
Certificates of Insurance with the County is agreed to be a material breach of any contract. These
Certificates of Insurance shall contain a provision that coverage afforded under the policies will
not be canceled or materially altered unless at least 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).
Simultaneously with the Certificates of Insurance, the Contractor shall file
with the Procurement Officer a certified statement as to claims pending against the required
coverages, reserves established on account of such claims, defense costs expended and amounts
remaining on policy limits.
clauses:
2. In addition, these Certificates of Insurance shall contain the following
a. The clause "other insurance provisions," in a policy in which the
County of Pitkin holds a Certificate, shall not apply to the County of Pitkin.
b. The insurance companies issuing the policy or policies hereunder
shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
c. Any and all deductibles in the above-described insurance policies shall be
assumed by and 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 referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to
the County's Representative at least fifreen (15) days prior to a policy's expiration date except for
any policy expiring on the expiration date of this contmct or thereafter.
4. The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this contract.
14. Exemptions. 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.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK.
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Pitkin County Facilities Management, 485 Rio Grande Place, #IOI, Aspen, Co 81611
970-920-5396 970-920-5285 Fax or email: jodis@co.pitkin.co.us
PITKIN COTJN'I'Y FIRE INSPECTION SERVICES Contract #112-2008
Budget Line Item #Purchased Services oer building_ 2ev 03/5/osjs
15. Records. 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 County shall have the right
within the three (3) year period to inspect and audit these books, records and documents, upon
demand, in a reasonable manner and at reasonable times, for the purpose of determining, by
accepted accounting and auditing standazds, compliance with all provisions of the contract and
applicable law.
16. Contract Made in Colorado. The parties agree that this contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
17. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this contract beyond the arbitration described in Paragraph 9, the substantially
prevailing party shall be entitled to its costs and reasonable attorney's fees.
18. Governmental Immunity. 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 (presently $150,000.00 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101,
et. Seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of
its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted
to require or provide for indemnification of the Contractor by the County for any injury to any
person or any property damage whatsoever which is caused by the negligence or other misconduct
of the County or its agent or employees.
19. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are
subject to Pitkin 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
requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No
provision of the contract shall be construed or interpreted as creating amultiple-fiscal year direct
or indirect debt or other financial obligation of Pitkin County within the meaning of any
constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate
Pitkin County to make any payments beyond those appropriated for Pitkin County's then current
fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any
class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the
future issuance of Pitkin County's bonds or any obligations payable from any class or source of
Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivered
through any of the following: (1) 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:
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Pitkin County Facilities Management, 485 Rio Grande Place, #101, Aspen, Co 8t6u
970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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PITKIN COiINTY FIRE INSPECTION SERVICES
Budget Line Item #Pwchased Services ear buildine
A. To Pitkin County
Jodi Smith, Facilities Manager
485 Rio Grande Place, #101
Aspen, Colorado 81611
Contract #112-2008
Rev 03/5/OSIs
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
B. To Contractor:
Western States Fire Protection Company
7026 South Tuscon Way,
Centennial, Colorado 80112
21. Comnliance with House Bi1106-1343 and House Bill 07-1073
A. In compliance with House Bi1106-1343 and House Bi1107-1073 amending Title 8
of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract
for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not:
Knowingly employ or contract with an illegal alien to perform work under
this contract or;
2. Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this contract.
B. In comphance with House Bi1106-1343 and House Bill 07-1073 enacted by the
General Assembly of the State of Colorado:
1. The Contractor has confirmed or attempted to confirm the employment
eligibility of all employees who are newly hired for employment in the United States
through participation in the Basic Pilot Program [created in Public Law 208, 104th
Congress, or its successor and expanded in Public Law 156, 108~h Congress, or its
successor, that is administered by the United States Department of Homeland Security]
and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into
this contract, the Contractor shall apply to participate in the Basic Pilot Program every
three months 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 Pilot
Program is discontinued.
2. The Contractor shall be prohibited from using Basic Pilot Program
procedures 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 illegal
alien, 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 an illegal alien; and
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Pitkin County Facilities Management, 485 Rio Grande Place, #tot, Aspen, Co 8t6tt
970-920-5396 970-920-5285 Fax or email: jodis@co.pitkin.co.us
1~
PITKIN COLTN'1'Y FIRE INSPECTION SERVICES Contract #112-2008
Budget Line Item #Purchased Services oer building 2ev o3/5/oajs
b. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (a) 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 days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with
an illegal alien.
4. The Contractor shall comply with any reasonable request by the Departrnent of
Labor and Employment made in the course of an investigation that the Department of Labor
and Employment is undertaking pursuant to the authority established in Subsection (5) of
C.R.S. § 8-17.5-102.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
CONTRACTO :WESTERN STATES FIRE PROTECTION
By: e
Title IN5'AEG7roNS n/h(,ER .S /g-Z00~
Date
PITKIN COUNTY: /
BY~ ~ ~~~ ~-OS By: C7~G~l' U{bt / ~ /~ S ~L'~
Jodi Smith, Facilities Mgr Date John Ely, County Attorney Date
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Pitkin County Facilities Management, 485 Rio Grande Place, #tot, Aspen, Co 816u
970-920-5396 970-920-5285 Fax or email: jodis@co.pitkin.co.us
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