HomeMy WebLinkAboutbocc.con.309.2008CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT #: 309-2008
ORIGINATING DEPARTMENT/DIVISION: Facilities/BGM/Public Works
CONTACT PERSON: Jodi Smith
PROJECT NAME: Court Panic Alarms
❑ 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 0
['Compliance with House Bills 06-1343 and 07-1073 — Immigration Form (Under $10,000, Letters of Engagement, etc
DOLLAR AMOUNT: 15.000 BUDGET LINE ITEM/LEDGER NUMBER: 001.17.92817.86241
✓ CHECK CONTRACT TYPE:
®Services/Maintenance
❑License/Use
❑Lease
PHONE #: x5396
['Employment (for county employees)
['Intergovernmental Agreement (Requires BOCC Action)
❑Non -Profit
❑Construction ❑Quasi -Public
❑Goods, Equipment, Supplies ❑Grant Agreements (Requires BOCC Action)
['Other (e.g. revenue) ['Change Order/Contract Amendment
CONTRACTOR: Seirra Detention Systems, Inc. COMPLETE LEGAL OF NAME OF BUSINESS (if different
from contractor)
Contract Execution Date:12/9/08
Automatic Renewal: ❑Yes No
•
Contract End Date: 1/10/09
Term of Contract: 30 days
STOP All Contracts should be proofed for the following:
✓ No Pages Missing
✓ ®If a Page is Left Intentionally Blank —Note on Page
✓ ®Page numbered consecutively
1 ®AII Signatures Affixed
✓ NAII Dates Filled In
✓ ®All Other Blanks Filled In
✓ ZAII Exhibits Attached
✓ ®FIB 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 COURT PANIC ALARMS PROJECT #309-2008
001.17.92817.86241
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CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Sierra Detention Systems (hereinafter "Contractor").
1. Term. The term of this contract is from December 10, 2008 to January 10, 2009.
2. Contractor's Obligations. Contractor shall provide a fully assembled, installed and tested
detention security package on the Court Security Panic Button Repairs. This proposal is based on our site
visit and verbal instructions from the facility. Scope of Work
Continents:
Due to building aesthetics, extreme unknowns regarding building wiring, potential conflicts with working hours this
proposal will not exceed the amount listed below.
Included:
• Necessary repairs and replacement of existing Panic Buttons located in Judges Chambers, District Court and
County Court, and associated wiring. This will provide actual panic button style buttons for emergency
notification.
• Any necessary additional wiring to facilitate alarm points reaching existing Security Electronics Panel located
in Jail/Dispatch building basement.
• Any necessary additional PLC/HMI programming to facilitate alarm points providing necessary alarms to the
Jail Control System panels located in Dispatch only.
Add Alternate 1 Throuuh Contract Amendment Only:
Add alternate for two panic buttons to be installed in District Attorneys offices will not exceed $2,000.00. This work
will occur only upon completion of mandated panic buttons listed above if accepted. In the event additional alarm
points are requested to be placed on the Jail Control System panels located in Dispatch, the necessary programming
will be charged at the normal hourly contract rate of $100.00 per hour on an hourly basis. This work should not
exceed 24 working hours. $2,400.00
Exceptions:
Permit, fees, bond, line voltage to power our equipment, and painting.
Total Price without alternate #1 = $15,000.00
Sales tax not included in quotation
Warranty:
Sierra Detention Systems shall guarantee our systems to be free from defects for one year. We shall replace defective
material in a timely fashion after diagnosis. Sierra will not replace or warrant product, which is damaged due to
negligence, fire, riot, acts of god or vandalism.
Sierra Detention Systems is a national security integrator and all of our projects are designed and programmed by
licensed and factory trained engineers in a non-proprietary manner.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and Schedule set out in
Pitkin County Facilities Management, 485 Rio Grande P1 #ioi, Aspen, Co 816ii
97o-92o-5396, 97o-92o-5285 Fax or email: jodis@co.pitkin.co.us
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Paragraph 2. It is expressly understood and agreed that in no event will the total compensation and
reimbursement to be paid hereunder for time and materials not to exceed the sum of $15,000.00
(excludes Alternate #1) 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. Countv'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 County's Obligations. Pitkin County shall administer this contract through a
County Representative. Jodi Smith will manage the project as the County's Representative. In the
event that Jodi is not available, Gary Baines, Communications Technician shall assume the County
Representative's duties. 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 unfinished 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.
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Pitkin County Facilities Management, 485 Rio Grande P1 #1o1, Aspen, Co 81611
970-920-5396, 97o-92o-5285 Fax or email: jodis@co.pitkin.co.us
PITKIN COUNTY COURT PANIC ALARMS PROJECT #309-2008
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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.
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. Binding 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 rules of the American Arbitration 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. Severability. 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. Integration 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 contract 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. Indemnity.
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Pitkin County Facilities Management, 485 Rio Grande P1 #ioi, Aspen, Co 81611
97o-92o-5396, 97o-92o-5285 Fax or email: jodis@co.pitkin.co.us
PITKIN COUNTY COURT PANIC ALARMS PROJECT 40309-2008
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A. The Contractor (including, by definition here and hereinafter, its officials,
employees, agents and representatives, subcontractors and suppliers), shall and hereby does release,
discharge, indemnify and hold harmless 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, error 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, however, 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 part, 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 specified, 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 are indicated by an "X", are required:
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability — ISO 1998 Form or equivalent
(With 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
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
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Pitkin County Facilities Management, 485 Rio Grande P1 #ioi, Aspen, Co 81611
97o-92o-5396, 97o-92o-5285 Fax or email: jodis@co.pitkin.co.us
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Including all owned, non -owned, and hired vehicles.
4. Special Coverages (check as appropriate and insert amount):
(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
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
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 com-
mencement 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.
2. In addition, these Certificates of Insurance shall contain the following clauses:
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.
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Pitkin County Facilities Management, 485 Rio Grande P1 #ioi, Aspen, Co 81611
97o-920-5396, 97o-92o-5285 Fax or email: jodis@co.pitkin.co.us
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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 fifteen (15) days prior to a policy's expiration date except for any
policy expiring on the expiration date of this contract 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 84-78000-5K.
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 standards, 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 a multiple -fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or statutory debt
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Pitkin County Facilities Management, 485 Rio Grande P1 #101, Aspen, Co 81611
97o-92o-5396, 97o-92o-5285 Fax or email: jodis@co.pitkin.co.us
PITKIN COUNTY COURT PANIC ALARMS PROJECT nog-zoo8
001.17.92817.86241
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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:
A. To Pitkin County
Jodi Smith, Facilities Manager
485 Rio Grande Place #101
Aspen, Colorado 81611
(970) 920-5285 Fax
B. To Contractor:
Sierra Detention Systems
15850 W. 6th Ave.
Golden, Colorado 80401
(303) 278-6921 Fax
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
(970) 920-5198 Fax
21. Compliance with House Bill 06-1343 and House Bill 07-1073
A. In compliance with House Bill 06-1343 and House Bill 07-1073 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:
1. 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 compliance with House Bill 06-1343 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, 108th Congress, or its
successor, that is administered by the United States Department of Homeland Security]
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Pitkin County Facilities Management, 485 Rio Grande P1 #ioi, Aspen, Co 81611
97o-920-5396, 97o-92o-5285 Fax or email: jodis@co.pitkin.co.us
PITKJN COUNTY COURT PANIC ALARMS PROJECT #309-2o08
001.17.92817.86241
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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
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 Department 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. § 8-175-102.
LN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
SIERRA
EMS
/2, 2cr41-7
Martin Garcia Date
Technical Services Director
PITKIN COUNTY:
By:
Jodi Smith, Facilitie&Manager Date
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Pitkin County Facilities Management, 485 Rio Grande P1 #101, Aspen, Co 81.611
97o-92O-5396, 97o-92o-5285 Fax or email: jodis@co.pitldn.co.us
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Hilary Fletcher, County Manager
DATE: December 9, 2008
FROM: Jodi Smith, Facilities Manager
Proposed Contractor: Sierra Detention Systems, Inc
Product/Service: Purchase and installation of panic alarm devices for the court system, tied into Communication Center
Security System for quick and accurate response to exact located of panic alarm within the court system.
Estimate annual expenditure for the above product or service: $ Court Panic Alarm Budget $15,000
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. XX Sole Source request is for the original manufacturer or provider, there are no regional distributors. Explain
why: Sierra Detention Systems, Inc is the current security system service provider for the fail and communication
center. Sierra is the only company that can add, alter or modify the existing system or and add the new panic alarm
system from the courthouse into the existing panels in the communications center without compromising the jail
security set-up of the current door and camera system.
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 similar 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:
5. The parts/equipment are required from this source to permit standardization. Explain why:
6. Other. Explain:
The undersigned requests that Pitkin County waive other procj ement re ' ements and recognize this transaction as a
sole source exception to the Pitkin County Procurement Cod
Jodi Smith, Facilities Date
emple Glass, Asls�s / Date
ettet, Director Date
Request Approval By: ` �G f Date 6D - I . sp0
County ager
Request Denied By: Date:
County Manager
Reason for Denial: