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Home My WebLink Aboutbocc.con.164.2012Rev. OS-30-II jls COUNTY CLERK'S CONTRACT COVERSHEET ORIGINATING DEPARTMENT: CONTRACT #: ��G � �� PROCUREMENT OFFICER: �'f�� r� � h � � f��-ZoIZ PHONE#: �7(�! 7�%`I%�� han� � � PROJECT NAME: {�� j � CONTRACTOR: I' � e d C �(�- �C �v (` S DOLLAR AMOUNT: �� LINE ITEM # � �O �O � 3'�' % SS� � —� � � � � CONTRACT EXECUTION DATE: �`7� �., AUTOMATIC RENEWAL: ❑ YES�NO CONTRACT END DATE: ��/ � TERM: J ( � � � ,� ❑ BOCC AGENDA ITEM (Grants, IGA) �STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ❑ OVER $50,000 (Requires Section Leader & County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ❑ None ❑ Informal ❑ Formal�Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt n C�ntract Renewal ✓ CHECK CONTRACT TYPE: �Services/Maintenance ❑ License/Use ❑ Lease ❑ Construction ❑ Goods, Equipment, Supplies ❑ Other (e.g. revenue) /�� ' . � ❑ Employment ❑ Intergovernmental Agreement (Resolution Required) ❑ Non-Profit ❑ Quasi-Public (e.g.-AVH) ❑ Grant Agreements (Notify Finance & Resolution Required) ❑ Change Order/Contract Amendment (C/O: 10% or $25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all exhibits and notices must be attached for the following: ✓�� Pages Missing ✓0' All Other Blanks Filled In ✓❑ If Page Left Intentionally Blank —Note on Page ✓0 All E�ibits Attached ✓[�.]'l�age numbered consecutively ✓� All Legal Descriptions attached (ifapplicable) �[�l Original Signatures Affixed ✓� Notice of AwardlNotice to Proceed Attached (fapplicable ✓(�All Dates Filled In ✓❑ Warranty (if applicable) ✓❑ Special Instructions for Finance Department• / ✓ �Authorized Procurement Officer's Name: �a �h � e � h �UIC�` Y( � � � � I3Y CHECKING A130VE ANll ENTERING NAM�, THE AUTHORIZEll STAFF PEKSON INDICATES THAT THF ATTACI-IED DOCI7MFNT .H. AS BEEN P.ROOFFD AND READY FOR SCANNINC�. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! Contract # � � / �C �l � Budget Line Item# /�� 3— 9� C� � O—� Q�� I.l.i � � ��V�l �L a) ♦ CONTRACT FOR PROVISION OF SERVICES Polling for Pitkin County Library, July, 2012 Rev. 8.31.11 jaa/js 2/6/2012 lm THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and FrederickPolls,LLC,2101 Wilson Boulevard, Suite 104, Arlington, Virginia 22201 (hereinafter "Contractor"). 1. Term. The term of this contract is from June 7, 2012 to August 1, 2012. 2. Contractor's Obli ations. Contractor shall conduct a Poll of 300 active voters by telephone to solicit information regarding ballot questions to fund the operation and construction of a renovation and addition to the Pitkin County Library building. The specifications are as follows: - sample size: 300 completed interviews - eligibility: likely November 2012 voters - interview method: telephone - margin of error: 5.6% - questionnaire length: 10-12 minutes - questionnaire content: Political mood (county direction; job rating of Co Commissioners -- which came out very positive in June 2011 poll); property tax "anger" ; awareness and usage of Library; Ballot vote on proposed Library property tax increase; reaction to exposure to all components and messages in support of Library expansion (8 to 12); test of anti-Library expansion statements (2 or 3); "informed vote" on a Library tax increase ballot (to see if information changed minds); Demographic questions (to make sure sample is representative). - Timing: 4 to 6 days (evenings) of calling to complete interviews + 2- 4 days to produce Poll Analysis and Findings. Tentatively - July 8 thru 16th. - FEE: $10,000 Fee includes all costs to conduct the poll including: questionnaire drafting and revision leading to Client approval, sample purchase (voter list phone matched), telephone interviewing by a professional calling center, data processing and tabulation and Analysis of Findings in written form. Contract # Rev. 8.31.11 jaa/js Budget Line Item# 2/6/2012 Im Report of Findings to the County Commission. Keith Frederick will be available to present Poll Findings to the County Commission and/or the Library Board/Management. The cost for Travel will be limited to Cost of roundtrip airfare only and, Not to exceed $500. total. 3. Compensation and Expenses, Invoicin�Pavment 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 $10,500 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 Coun 't� ations. Pitkin County shall administer this contract through a County Representative. Kathleen Chandler, County Librarian, will manage the project as the County's Representative. In the event that Kathleen Chandler is not available, Jocelyn Durrance, Assistant Director of the Library, 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 Exniration 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. Notwithstanding 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. 2 Contract # Budget Line Item# Rev. 8.31.11 jaa/js 2/6/2012 Im 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. 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. Contractar 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 Assignabilitv. 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. Bindin� 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. 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. 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. Indemnitv. 3 Contract # Budget Line Item# Rev. 8.31.11 jaa/js 2/6/2012 lm A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project„ hereinafter refe:rred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any sta.tutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive a11 rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. 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 a11 other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 13. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insura.nce against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate andlor prudent, maintain higher limits andlor broader coverages. The Contractor is not relieved of any liability or other obligations assumed ar pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability not less than those stated below. An umbrella andlor excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form" basis. Statutory Workers' Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. � Contract # Budget Line Item# Rev. 8.31.11 jau/js 2/6/2012 lm b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 2. Commercial General Liability — ISO 1 CG 0001 form or equivalent. (With County named additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ Each Occurrence Limit $ Personal/Advertising Injury Fire Damage (Any One Fire) Medical Payments (Any One Person) ► 111 111 1,000,000 $ 1,000,000 $ 50,000 $ 5,000 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". � Contract # Budget Line Item# � Rev. 8.31.11 jaaljs 2/6f20121m 3. Auto Liability: Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Minimum Limits: Bodily InjurylProperly Damage (Each Accident) $ 1,000,000 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 Q(6) Boiler and Machinery ❑(7) Loss of Use Insurance ❑($) Pollution Liability ❑(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1. Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided ar canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10} days prior notice may be given. Such notice shall be sent directly to (County Representative's Name & Address). If the insurance carrier will not provide the required notice, the ConsultantJContractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers' notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor sha11 file with the Procurement Officer a certified statement as to claims pending against the required coverages, reserves esta.blished on account of such claims, defense costs expended and amounts remaining on policy limits. 2. In addition, these Certificates of Insurance shall conta.in the following clauses: a. The contractor's insurance shall be primary and non-contributory with any insurance or self insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder sha11 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 or self insured retentions in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. Contract # Budget Line Item# Rev. 8.31.11 jaa/js 2/6/20121m d. Location of operations sha11 be: "a11 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 priar 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 and Preferences. All purchases of construction or 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. 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. AttorneX'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 Immunitv. 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 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 a�ailable to Pitkin County or any of its ofiicers, 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 Obli�ations. 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 7 Contract # Budget Line Item# Rev. 8.31.11 jaaljs 2Jbl2012 lm 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 fa�c 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 Library c!o Kathleen Chandler 120 North Mill Street Aspen, Colorado 81611 970-925-3935 B. To Contractor: FrederickPolls, LLC c/o Mr. Keith Frederick 2101 Wilson Blvd., Suite 104 Arlington, Virginia 22201 Fax: (703) 528-1204 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 21. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101, as amended PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform wark under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the : Contract # Rev. 8.31.11 jaa/js Budget Line Item# 2/6/2012 lm Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONTRACTOR: By: � � Tit1e p��, �.n��,.�„ w, �' �� 12� 1 Z n a+P By Section Leader ate � Contract # / i� 7 "��l � _ � �� Budget Line Item # � � � / � � ��O (� (o PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO DATE FROM Jon Peacock, County Manager Ju1��,�01� � han�l��' �our�t ��Of�� ,�a�. � � � n � > .� � Rev 8.25.11 jaa Proposed Contractor: ��` P�I(' � CK �l I LS Product/Service: �f� T �� r� ,✓ !� 0 C� Estimate expenditure for the above construction service: $� o, J%(� . — 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. (Examples: original manufacturer, no regional distributor, standardization etc): .,, jQ� �� u n'� (('� 4 st.(. l'�e ��'� � o/Y� !�I'1 �° �! c� �� `7�h Explain: �� 1�Y\ l� f� P f� � y J � � ; � �� r �o� 1�� a � �� cu�` �� c� d� ric� I-��/.s �' s' �. � y . << r `' �� v �� e �' � � s � � a n �-� �r ✓' r , o �' t�� r'�". �� u � e �� , /� .. . � � .�-- r �1; � ?�-�i � � � �'�r �1 � li� �' � � ��`��t-k�� nu_ty � � 1 ��1 I�Ylr3 CC�/?1/�ll�/�� IQ�" �� {'�� l'�Ja �cE'_ llS�� f�5u t5� / r- l�he un�ersigned requests that Pitkin County waive other proc n require s and recognize this transaction as a sole source exception to the Pitkin County curement Co�l�� Department Head Date Approved Denied Reason for Denial: 1� Z Jon Peaco , Co y Manager Date �'/�� -- Date Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract with coversheet to clerk's office for archiving. 1 1�