HomeMy WebLinkAboutbocc.con.005.2001r'AU` `1 OitLLt1.)
SIGNATURE
PROFESSIONAL SERVICES
AGREEMENT
CONTRACT # ;7,5-g09f
THIS AGREEMENT is made and entered into this a34.`i day of aPld , 2001 , by
and between Pitkin County, Colorado ("County") and Aviation, Navigation, and Satellite Programs,
Inc. (ANSP) (hereinafter "Consultant").
1. Subject, Objective, and Scope of Work: Phase 2 of this project is attached hereto
and incorporated as Exhibit A.
2. Cancellation. Pitkin County reserves the right to cancel this Agreement for
unsatisfactory performance of Consultant's obligations as determined by Pitkin County in its sole
discretion, upon written notice to Consultant.
3. Required Clauses. Pitkin County's Required Clauses, including provisions for
insurance and indemnification, are attached hereto and incorporated as Exhibit B.
4. Independent Consultant Status.
a. The parties to this Agreement intend that the relationship between them
contemplated by the Agreement is that of independent consultant. Consultant, and any
agent, employee, or servant of consultant shall not be deemed to be an employee, agent,
or servant of Pitkin County.
b. Consultant is not required to offer his services exclusively to Pitkin County
under this Agreement. Consultant may choose to work for other individuals or entities
during the term of this Agreement, provided that the basic services and deliverable
products required under this Agreement are submitted in the manner and on the
schedule defined under this Agreement.
c. Consultant warrants that all work produced will conform to all applicable
industry standard of care, skill and diligence in the performance of Consultant's
obligations under this Agreement.
d. Consultant 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
Agreement.
e. Consultant 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.
5. Assignablility. This agreement is not assignable by either party.
6. Notice. Any written notice required by this Agreement shall be hand delivered, faxed or sent
first class mail, postage prepaid as follows:
a. To Pitkin County:
b. To Consultant:
Aspen/Pitkin County Airport
Peter Van Pelt
Director of Aviation
0233 E. Airport Road, Suite A
Aspen, CO 81611
ANSP
11508 Arnold Palmer Drive
Blaine, MN 55449
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the day and year first written above.
CONSULTANT:
Aviation Navigation and Satellite Programs, Inc.
(ANSP)
John Foggia
Title: !,
Date: 0 - 7 3 r�1
Robert Varani
Title:��� ✓� 5%4 ,�
Date:
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PITKIN COUNTY, COLORADO:
Peter Van Pelt
Director of Aviation
Date:
•( ;c;
Hilary F. th
County Manager
Date:
John Ely
County Attorney
Date: - 7//oet
PITKIN COUNTY, COLORADO:
sk Management
Date: '7//0
Exhibit A
Aspen Pitkin County/Sardy Field Airport
Application Submittal for FAA Air 21 Pilot Program and Establishment of
the Aspen FMS Users Group
Subject Aviation Navigation and Satellite Programs, Inc. (ANSP, Inc.) will provide
support services to the Aspen-Pitkin County Airport (ASE) for the development of an
application for the FAA Air 21 Pilot Program to Permit Cost Sharing of Air Traffic
Modernization Projects, for the establishment of the Aspen Airport FMS Users Group
and for general consulting services for preliminary work required for Local Area
Augmentation System (LAAS) implementation.
Objectives:
Objective 1: The development and submittal of an Expression of Interest in
response to FAA Docket No. FAA-2000-7758 FAA Pilot Program to Permit Cost
Sharing of Air Traffic Modernization Projects. The submittal will incorporate all
components of the ASE Strategic Technology Implementation (ASTI) Program
outlined in the Aspen Advanced Navigation Airspace Feasibility report. The
ASTI program is eligible to receive federal funding not to exceed 33% of the
project costs under the auspices of the FAA program. The objective of this
project is to secure these funds.
Objective 2: The establishment of an FAA recognized FMS Users Group
designed to facilitate the development of advanced procedures and improve
safety and airport access at ASE.
Objective 3: General consulting services for preparation of LAAS
implementation at ASE.
Scope of Work: The following work scope outlines the duties and tasks that are
required for the execution of this project.
1.0: Development and submittal of an application for the FAA Air 21 Pilot Program to
Permit Cost Sharing of Air Traffic Management Modernization Projects.
1.1: Phase 1- Expression of Interest.
ANSP, Inc. will assist the Airport in the development and submittal of an expression of
interest, complying with criteria outlined in Phase I of the FAA Pilot Program to Permit
the Cost Sharing of Air Traffic Modernization Projects. The expression of interest will
include a description of the ASE technology program, airports users needs, project site,
region and national benefits, project schedule, estimated costs, and an assessment of the
ability funds for the local share of project costs.
1.2: FAA Comments and Coordination
Following the expression of interest, ANSP, Inc. will provide any additional
follow up information to the all interested parties. The FAA will issue a formal
comment letter back to respondents of the program. ANSP, Inc. will address all
FAA comments and include them in Phase 2 of the project
1.3: Phase 2: Formal Application and Selection of Projects
If the ASE project is accepted by FAA, a formal expanded application is required
outlining the following elements: Project Description, Economic Analysis, Project
Schedule, Financial Plan, Letter of Commitment, and a Letter of
Acknowledgment/Support from the State Department of Transportation and/or other
appropriate jurisdiction. ANSP, Inc. will prepare a formal submittal including the
elements described above according to FAA requirements.
2.0 Development of the Aspen Airport FMS Users Group
ANSP, Inc. will organize meetings and solicit membership and participation from FAA
Region, ASE Air Traffic Control Tower, Air Route Traffic Control Center (ARTCC), and
State of Colorado Department of Aviation personnel as well as all FMS users at ASE.
ANSP, Inc. will develop a mission statement for the group, facilitate participation form all
members, plan and organize two formal user meetings, and facilitate communication
between participants.
3.0: Preliminary LAAS Program Work
ANSP, Inc. will support the airport in preliminary activities leading to but not
including, the start-up of the ASTI program. Upon the Aviation Director's
request, an additional scope of consulting services will be prepared for the ASTI
program management and implementation.
4.0: Final Deliverables
ANSP, Inc. will provide three copies of the Expression of Interest for the FAA Pilot
Program to Permit Cost Sharing of Air Traffic Management Modernization Programs to the
Airport Director.
ANSP, Inc. will be responsible for maintaining a roster of all Aspen FMS User Group
participants and a filing system containing copies of all work prepared, meeting minutes
and other pertinent information. These files will be forwarded to the ASE Aviation
Director.
Based on the final FAA selection of respondents for the Pilot Program and/or the airports
decision to move forward, ANSP, Inc. will provide an additional proposal for DGPS site
selection, installation, and program implementation support.
4.1: Site Visits and Meetings
This scope includes cost and services for two site visits/meetings, and individual meetings
with the ARTCC, FAA Region and the State of Colorado Aviation Department.
Additional meetings or briefings will be attended on an "as needed" basis and will be an
additional expense to this scope.
Nb T7 Gxr�; r
Payment Procedures: ANSP will submit an invoice for payment for ap uxudxnatel —
Thirty Five Thousand Dollars ($35,000.00) after the completion of the tasks mentioned 0'
in the above section of Scope of Work and upon the approval of the County.
Exhibit B
REQUIRED CLAUSES
For purposes of these required clauses, "Consultant" means the bidder/proposer or other party who may eventually enter into
a contract with the County.
The Bidder/Proposer shall be subject to the following provisions:
1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING LAW
A. The consultant acknowledges that this Agreement is entered into subject to the requirements of the "Pitkin County
Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter, Resolution No. 82-37, April 12,
1982). As such, the Consultant agrees to comply with all requirements of said Procurement Code, and such
requirements are incorporated herein by this reference.
B. The Consultant shall immediately notify the County Managerin writing of any violation of said Code or statutes
by the County's employees or agents, which violation(s) is known or should have been known by him, and failure
to so notify the County of any violation(s) within five (5) days of knowledge of such violations shall be considered
a breach of this Agreement. Further, such failure to notify the County of violation of the Procurement Code or
statutes within five (5) days of knowledge shall be deemed as a waiver of any action or defense that the Consultant
may have against the County by reason of such violation of the Procurement Code or statutes.
2. WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS AND CONFLICT OF
INTEREST
A. Covenant Against Contingent Fees. The Consultant warrants that no person or selling agency has been employed
or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Consultant for the purpose of securing business.
B. Gratuities Prohibited. The Consultant agrees not to give any employee or former employee of Pitkin County a
gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content of any
specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other
particular matter, pertaining to this Contract or Subcontract, or to any solicitation or proposal therefor.
C. Gratuity means a payment, loan, subscription, advance deposit of money, services, or anything of more than
nominal value, present or promised, unless consideration of substantially equal or greater value is received.
D. Kickbacks Prohibited. It shall be a breach of Contract for any payment, gratuity, or offer of employment to be
made by or on behalf of a subcontractor under a contract to the prime consultant or higher tier subcontractor or
any person associated therewith, as an inducement for the award of a subcontract or order. The Consultant is
prohibited from inducing, by any means, any person employed under this Contract to give up any part of the
compensation to which he/she is otherwise entitled. The Consultant shall comply with all applicable local, state
and federal "anti -kickback" statutes or regulations.
E. — Conflict of Interest Prohibited. No official, officer, employee or representative of the County during the term of
this Contract or one (1) year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds
thereof. (Additional restrictions on present and former employees of County are found in Article 7 of the
Procurement Code).
F.
Sub -Contract Clause. The prohibitions against contingent fees, gratuities, kickbacks and conflict of interest pre-
scribed in this Contract shall be made a condition of and conspicuously set forth in every sub -contract and
solicitation therefor.
G. Conspicuously means written in such special or distinctive format, print, or manner that a reasonable person
against whom it is to operate ought to have noticed it.
H. Remedies. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratui-
ties, kickbacks and conflict of interest, the County shall have the right to:
(1) Terminate this Contract without liability by the County;
(2) Debar or suspend the offending parties from being a consultant or sub -contractor under County contracts;
(3) Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or
received by the Consultant; and
(4) Recover such value from the other offending parties.
3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/WOMEN BUSINESS
ENTERPRISES (DBE/MBE/WBE)
A. Pursuant to local, state and/or federal anti -discrimination and affirmative action programs, consultant shall meet all
applicable requirements with respect to employment and subcontracting in connection with
Disadvantages/Minority/Women individuals and enterprises (DME/MBE/WBE).
B. In connection with the execution and administration of this Contract, and any subcontracts, the Consultant shall not
discriminate against any employee or applicant for employment because of race, religion, color, sex, national
origin, age, handicap or status as a veteran.
C. In connection with the performance of this Contract, the Consultant will cooperate with the County in meeting the
County's commitments and goals with regard to the maximum utilization of disadvantaged, minority and women
business enterprises and will use its best efforts to ensure that such business enterprises shall have the maximum
practicable opportunity to compete for employment and/or subcontract work, if any, under this Contract.
D. The Consultant will furnish all necessary information and reports and will permit access to its books, records, and
accounts by Pitkin County for purpose of investigation to ascertain compliance with the
nondiscrimination/affirmative action provisions of any resultant contract.
E. Employment Data and Affirmative Action Plan. If requested, the Consultant agrees to submit on an Employment
Data Form to be provided by the County, the data showing the utilization of disadvantaged persons, minorities and
women by job category within its .organization. Where the Consultant has fifty (50) or more employees or it is
participating in contracts with the County which exceed Fifty -Thousand ($50,000.00) Dollars, an Affirmative
Action Plan must be submitted to the County when requested by the County Attomey's Office within ten (10) days
after selection.
F. Noncompliance. In the event of the Consultant's noncompliance with the nondiscrimination/affirmative action
provisions of any resultant contract, Pitkin County shall impose such contract sanctions as it may determine to be
appropriate, including, but not limited to:
(1) Withholding of payments under the Contract until the Consultant complies, and/or
(2) Cancellation, termination, or suspension of the Contract, in whole or in part.
4. — TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY
A. The performance of work under the Contract may be terminated by the County:
(1) Whenever the Consultant shall default in performance of this Contract in accordance with its terms, and
fails to cure or show cause why such failure to perform should be excused within ten (10) days (or longer
as the County may allow or shorter, but not less than three (3) days, for failure to provide proof of
insurance or maintenance of any dangerous condition) after hand -delivery or mailing to the Consultant of a
notice specifying the default. If mailed, said notice shall be sent by certified mail, return receipt requested,
to the address specified herein for the Consultant.
The Consultant shall not be in default by reasons of any failure in performance of this Contract in
accordance with its terms if such failure arises out of causes beyond the control and without the fault or
negligence of the Consultant. Such causes may include, but are not restricted to, acts of God, natural
disasters, strikes, or freight embargoes, but in every case the failure to perform must be beyond the control
and without the fault or negligence of the Consultant. Upon request of the Consultant, the County shall
ascertain the facts and failure, and, if the County shall determine that any failure to perform constituted a
valid commercial excuse, the performance shall be revised accordingly and notice of default withdrawn; or
(2) Whenever for any reason and in its sole discretion the County shall determine that such termination is in its
best interest and convenience.
B. Notice of Termination. In the event of termination for the convenience of the County, the County shall deliver to
the Consultant a written notice of termination, specifying the reasons therefor, and the effective date of such
termination. The effective date shall not be earlier than the date of hand -delivery or the date of mailing of the
notice, plus three (3) business days. The notice of termination shall be sent regular first-class mail to the address
of the Consultant herein provided.
C. Termination Procedure. After the effective date of the notice of termination for default or for the convenience of
the County, unless otherwise directed by the County, the Consultant shall:
(1) Stop work under the Contract on the date specified in the notice of termination.
(2) Place no further orders for materials, services or facilities.
(3) Terminate all orders and subcontractors to the extent that they relate to the performance of work terminated
by the notice of termination.
(4) With the approval or ratification of the County, settle all outstanding liabilities and all claims arising out of
such termination on orders or subcontracts, the cost of which would be compensable or reimbursable in
whole or in part in accordance with this Contract.
D. Termination Payment. After the effective date of a notice of termination for the convenience of the County, the
Consultant shall submit to the County his termination claim in the form of a final invoice in accordance with the
provisions in "Method of Payment," including costs incurred to the date of termination, and costs incurred because
of termination, which termination costs shall not exceed 10% of the total amount of proposal; provided, however,
that in the event of default by the Consultant, no extra costs incurred because of termination shall be paid to the
Consultant and any costs paid shall not be a waiver of any claim, counterclaim or set-off by the County against the
Consultant on account of any default. Such claim must be submitted promptly, but in no event later than thirty
(30) days from the effective date of termination, unless one or more extensions are granted in writing by the
County. Upon the Consultant's failure to submit a claim in the time allowed, the County may review the informa-
tion available to it and determine the amount due the Consultant, if any, and pay the Consultant the amount as
determined.
E. Termination Settlement. Subject to Paragraph 4.D., the Consultant and County may negotiate the whole or any
part of the amount or amounts to be paid, upon termination for default or for the convenience of the County.
F. Remedies. The Consultant shall have the right of appeal from any determination made by the County under "Ter-
mination for Default or for Convenience of County;" except that if the Consultant has failed to submit his claim
within the time provided in Paragraph 4.D., above, and has failed to properly request extension, he shall have no
such right of appeal. In any case where the County has made a determination of the amount due under Paragraphs
4.D. or 4.E., above, the County shall pay the Consultant: (1) the amount the County has determined if there is no
right to appeal or if no timely appeal has been taken, or (2) the amount finally determined on such appeal if an
appeal has been taken.
G. Method of Appeal. If the Consultant disagrees with the County's determination under Paragraphs 4.D. or 4.E.,
he can appeal this decision in writing to the County. Such appeal must be made within twenty (20) days of receipt
in writing of the County's determination. The County shall have twenty (20) days in which to respond in writing
to the appeal. The County's response shall be final and conclusive unless within thirty (30) days from the date of
receipt of such response the Consultant submits the dispute to a court of competent jurisdiction or submits a
demand for arbitration if required by the Contract Documents.
5. INTEGRATION AND MODIFICATION
A. This Contract constitutes the full and complete agreement of the parties and supersedes or incorporates any prior
written and oral agreements of the parties. hi addition, the Consultant understands that unless the contract is for
goods or services of a value less than $25,000, no County official or employee, other than the Board of County
Commissioners acting as a body at a Board meeting, has authority to enter into a contract or to modify the terms
of this contract on behalf of the County. Any such contract or modification to this contract must be in writing and
be executed by the parties hereto.
B. With respect to change orders under the Contract, the County and the Consultant shall process and approve/dis-
approve requests for change orders as otherwise provided in this Contract, subject to the requirements of the
Procurement Code and the Finance Office.
6. INDEMNITY
A. The Consultant (including, by definition here and hereinafter, its officials, employees, agents and representatives,
subcontractor 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 Consultant, and for any consequential liability alleged to accrue against the County
on account of the Consultant's acts, errors or omissions; provided, however, that such indemnity shall not be con-
strued as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its
employees.
B. The Consultant 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.
7. INSURANCE
A. In whole or in part, the Consultant 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 (with the County named as additional insured) and others as specified, from claims for bodily injuries,
death, personal injury or property damage, which may arise out of or result from the Consultant'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 1996 Form or equivalent
Each Occurrence Limit
General Aggregate Limit
Products/Completed Operations Aggregate Limit
$1,000,000
$2,000,000
$2,000,000
Comprehensive Form (All risks) to include:
X Premises/Operations
Underground, Explosion & Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Consultants and Subcontractors
X Broad Form Property Damage
X Personal Injury
(3) Business Auto Coverage:
Combined Single Limit Liability (each accident) $1,000,000
Coverage to include:
X Any Auto
All Owned Autos
Hired Autos
Non -Owned Autos
Garage Liability
(4) Special Coverages (check as appropriate):
(1) Performance Bond
Labor and Material
Payment Bond
X (2) Professional Errors and Omissions
(3) Aircraft Liability
100% of contract
100% of contract
(4) Owner's Protective
(5) Builder's Risk amount of project
(6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. To provide evidence of the required insurance coverages, copies of Certificates of Insurance in a form acceptable
to the County shall be filed with the County (through the Project Manager) no later than ten (10) calendar days
prior to commencement of operations affecting the County. Failure to fde or maintain acceptable Certificates of
Insurance with the County is agreed to be a material breach of any contract and grounds for rescission or
termination. 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 County (through the Project
Manager). (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 Consultant shall file with the County (and promptly update,
as necessary) a certified statement as to claims pending against the required coverage's, reserves established on
account of such claims, defense costs expended and amounts remaining on policy limits.
C. — In addition, these Certificates of Insurance shall contain the following clauses:
(1) 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.
(2) 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.
(3)
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 Consultant.
(4) Location of operations shall be: "all operations and locations at which work for the referenced Project is
being done."
D. Certificates of Insurance for all renewal policies shall be delivered to the Project Manager at least fifteen (15) days
prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or there-
after.
E. The County reserves the right to request and receive a copy of any policy and any policy endorsement.
8. EXEMPTIONS AND PREFERENCES
A. All purchases of construction or building or any other materials for any 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.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the work
to the extent of not less than eighty percent (80%) of each type or class of labor employed on such project; except
for highway construction, which is subject to C.R.S. 43-2-208, which provides that all laborers shall be bona fide
residents of Colorado with a preference to residents of the County where the work is performed.
C. Preference is given, to the extent permitted by law, to: materials, supplies and provisions produced, manufactured
or grown in Colorado, quality being at least equal to materials, supplies and provisions from outside the state; and
to local (Roaring Fork Valley) services and labor of quality at least equal to non -local services and labor.
9. RECORDS
The Consultant shall maintain comprehensive, complete and accurate books, records, and documents concerning
its performance relating to this Project for a period of three (3) years after final payment on the Project and the
County shall have the right within the three-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.
10. SUCCESSORS AND ASSIGNS
This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the County and
the Consultant respectively and their agents, representatives, employees, successors, assigns and legal representa-
tives. Neither the County nor the Consultant shall have the right to assign or transfer its interest or obligations
hereunder without the written consent of the other party, which consent shall not be unreasonably withheld.
11. THIRD PARTIES
This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or
parties, except to parties to whom Consultant or County may assign this Agreement in accordance with the specific
written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the
County or Consultant because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained. -
12. AGREEMENT MADE IN COLORADO
The parties agree that this Agreement 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.
13. ATTORNEY' S FEES
In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party
shall be entitled to its costs and reasonable attorney's fees.
14. NOTICES
Unless otherwise provided in the Contract Documents, all notices under the Agreement shall be sent certified mail,
return receipt requested, and shall be effective upon receipt or three (3) business days after mailing, whichever is
first.
15. Year 2000 Issues
Consultant hereby releases and holds Pitkin County harmless from any and all claims and causes of
action relating to performance of this Agreement of any nature whatsoever in tort, contract, or
otherwise, for any action, inaction or for any loss or damage attributable to, resulting from, arising
out of or in connection with a year 2000 error.
16. Governmental Immunity
Consultant agrees and understands that Pitkin County is relying on and does not waive, by any provision of this
Agreement, 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 these Required Clause or any other Contract Document shall
be construed or interpreted to require or provide for indemnification of the Consultant 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.
17. 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 Agreement 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 this
agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the
then current fiscal year of Pitkin County. No provision of this agreement shall be construed or
interpreted as creating a multiple -fiscal year direct or indirect debt or other fmancial obligation of
Pitkin County within the meaning of any constitutional or statutory debt limitation. This agreement
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 agreement 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 agreement restrict the future issuance of Pitkin County's bonds or any obligations
payable from any class or source of Pitkin County's money.
rom: Gina M,rion At: Clarke and Sampson To: Ed )a
Fax*: (703) 739-8967 Date: 07/09/2001 10:44 AM Page 2 of 2
ACORD CERTIFICATE OF LIABILITY INSURANCE ANSCSR PL-GM
1
PROOUCER
Clarke & Sampson, Inc.
118 N. Saint Asaph Street
Alexandria VA 22314-3186
Phone: 703-683-6601 Fax:703-739-8967
DATE (MMIDD/YV)
07/09/01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
ANSP
8420 W. Bryn Mawr Ave #620
Chicago IL 60631
INSURER A
INSURERS
INSURER C
INSURER D
Essex Insurance Company
Twin City Fire Insurance-SCIC
Hartford Casualty Ins Co-SCIC
INSURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDDTIY)
POLICY EXPIRATION
DATE (MMIDDIYY)
LIMITS
C
GENERAL
LIABILITY
COMMERCIAL GENERALLLABILITY
42SBANE9733
04/09/01
04/09/02
EACH OCCURRENCE
$ 2000000
X
FIRE DAMAGE (Any one fire)
$ 300000
CLAMS MADE X OCCUR
MED EXP (My one person)
$ 10000
X
Business Owners
PERSONAL S. ADM INJURY
$ 2000000
GENERAL AGGREGATE
144000000
GEN'LAGGREGATE LIMIT APPLIES PER.
—,,
PRODUCTS - COMP/OP AGG
$ 4000000
POLIC`/ PRO LOC
ECT
AUTOMOBILE
LIABILITY
ANY AUTO
I
ALL OWNED AUTOS
SCHEDULED 4UT05
HIRED AUTOS
NON -OWNED AUTOS
-
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY PUURY
(Per person)
$
BODILY INJURY
(Per accltlent)
$
PROPERTY DAMAGE
(Per accltlent)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY- AGG
$
EXCESS LIABILITY
EACH OCCURRENCE
S
OCCUR I CLAIMS MADE
AGGREGATE
$
DEDUCTIBLE
RETENTION $
$
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
42AECGP5541
04/09/01
04/09/02
WC STATU- OTH-
TORV LIMBS ER
E.L. EACH ACCIDENT
$ 100000
E.L. DISEASE - EA EMPLOYEE
S 100000
E.L. DISEASE - POUCYUMIT 1
$ 500000
C
A
OTHER
Business Owners
Professional
42SBANE9733
E0807726
04/09/01
04/09/01
04/09/02
04/09/02
PROPERTY 50000
Limit 2000000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Certificate holder is additional insured, ATIMA
HOLDER
Y 1 ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
PITKI01
Pitkin County - Colorado
530 E Main Street, 3rd Floor
Aspen CO 81611
SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
Gina M. Marion
ACORD 25-5 (7/97)
0ACORD CORPORATION 1988