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Home My WebLink Aboutbocc.con.amended.175.2007B A. . . , ��h , �,�.�. .�� ..�,:� ��. ,�.-�.s.,��.��.�.�.�.�,�. .�...m�...��.. �...a,�. _ _ , _.._. � Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET ��,�� CONTRACT #: ��5 - aoo7 _ f3 �?�� :� �i 2(�.,� � �� t"1�`K1�+1�C�t4V1�° ORIGINATING DEPARTMENT: eoNn u�r►� F��p�� PROCUREMENT OFFICER: Tc�-�- PHONE#: °)ap-520� PROJECT NAME: A`� � CONTRACTOR: 1�5�.2v�� '�'`'� ��5 DOLLAR AMOUNT:��`l`t�.8o LINE ITEM# Do� . 25 C� $�It b CONTRACT EXECUTION DATE: �J� i 3 CONTRACT END DATE: 1�1 ( 1 S � AUTOMATIC RENEWAL: ❑ YES �NO TERM: 3 '��O ❑ BOCC AGENDA ITEM(Grants, IGA) � STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) � �(Per Revised Procur�ment 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 ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: j V e�� ervices/Maintenance ❑ Employment �❑ License/Use ❑ Intergovernmental Agreement(Resolution Required) ❑ Lease ❑Non-Profit ❑ Construction ❑ Quasi-Public(e.g.-AVH) ❑ Goods, Equipment, Supplies ❑ Grant Agreements(Notify Finance&Resolution Required) ❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment (C/O: 10%or$25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all e�chibits and notices must be attached far the following: ✓ ❑No Pages Missing ✓❑ All Other Blanks Filled In ✓ ❑ If Page Left Intentionally Blank Note on Page ✓�All E�ibits Attached ✓ ❑ Page numbered consecutively ✓❑ All Legal Descriptions attached (if applicable) ✓ ❑ All Original Signatures Affixed ✓❑Notice of Award/Notice to Proceed Attached (f applicable ✓ ❑ All Dates Filled In ✓� Warranty(if applicable) ✓ ❑ Special Instructions for Finance Department: , t UN►�,e��, �SUPP�.y �D��- ✓ ❑v Authorized Procurement Officer's Name: ��,-f- L��0.1q ht►i"t- � . ` J � IN` BR��►NAL ��i1UfF1V�� BY CHECHII�G ABOV�AND�NTERING NANIE,THE AUTHORIZ�D STAFF PrRSON INDICAT�S THAT THE ATTACHEI3 DOCUlV1ENT HAS 13EEN PT200FEll AIYll ItEAllY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! . . . Coatract i1 175 2007-B Rev.8.3 t.!1 jaa/Js Budgot Line ltem# 00l.25 00000 82!10 � y'� h � � . . `� Cg�1��M� �i.11L� �11 '�'�►; �� w CHANGE ORDERtCONTRACC AMENDMENT Change Qrder Number: 175-200?-H OWNER: Pitkin Couniy tlspcn,Colorado 81611 CONTRACTOR: The cv�, t for provisio of scrvices (the"Agrcemerit"j dated November �,2tg?? throuah�j,ov�rt�ber 16.ZO10 betwccn the Board of County Commissioners of Pitkin Cvunty(thc"County")attd�As��e �r,�iiv N�.(thc"Contracwr"},is heteby amended as follows: ��%ption Chanrte: Reasor� for Change To tenew contr�ct foc anotlur thrce y+ears to b�datcd 3anuary 1,2013 to January l, 20F5. Original ConVact Price:512,558.QQ=S24t.50 per�1 a(�5.75l�olumn inch Net Increase/Uec�in Contract Pnice{this chacige ordor) �$Q •Total Adjusted Conir�t Price(including this cheu€�e order) �x+�4.84 In all other respects the Agreemont is in fuI! force and effect and rernains unchang� by this Amen ent. /� __.------. ..,....�.�. ►�.��. �1�� z Con to �� '�'�°� �� t�`'��'� ,,.._-- �� l�r� ounry $er oate *Increasea over 525,000 aad/or li►%{ainglt iqcrtnse or accumultttive)af origin�tl cautract mnst h�ve County Manager aignature. i .,��s..��,�.�,.�,-�,�,�..�.�..�,�. ��,.�.�n„ � ��, �..�� .,�N a��:�-.�w.,�, �, �;�„��_��,.�.� ' � '�x�...:�:''� �€ � �_-,�,,,"-�,:�` ;�� . � �: � - - - .�' �� ,., . r "�'�''�* - - , , - � `.. `-. '�.°;�;,�_., ::.- .��" - af. - �. ., _,� _ � . . _ ,.�._ � . ,,�r r._ � { n : . n V �� _ �, i. .��. �, �. .: �. _ :.a , .- , �� ._ ; . , . _ ..:� ��- �.„�'' .h-�� -�' _ t � - ' .� _ ♦ i�� - ' . . Rev.8/28/d6dq CONTRACT FOR PROVISION OF SERVICES Contract# 175-2007 ledger# THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and Aspen Daily News, 517 East Hopkins,Aspen, CO 81611 (hereinafter"Contractor"). 1. Term. The term of this contract is from �November 16, 2007 through November 16, 2010 2. Contractor's Obli ations. Contractor shall reserve space every Monday on page 11 of the Aspen Daily News, four columns wide by 14 inches long for�5.75 per column inch per ad. In addition, contractor will charge$5.75 per column inch for all Pitkin County Government initiated advertising placed by any Pitkin County representative.Proofs are required before any ad is published. 3. Compensation and Expenses, Invoicin�, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schednle set out in Paragraph 2. It is expressly understood arid agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the siun of$40,000 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 projecf monthly based on hours c��orked, with paymerlt 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 Praduct. Drawings, specifications, guidelines and other documents prepazed by Contractor in connection with this contract shall be the property of�he 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 ail wark prepared, develaped, 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 v � , . �.. ��.�,,,.��,�.�.�.�.��. . �,.�.� , .. P..��.�..�.,.��,..�.�..��..� � 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 Obli at� ions. Pitkin County shall administer this contract through a County Representative. Pat Bingham will manage the project as the County's Representative. In the event that Pat Bingham is not available, Susan Murphy or Michelle Cerf shall assume the County Representative's duties. T'he 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 ternunation 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 Coiznty 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. 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 centract. ' 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 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 a.rbitration. 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 1 l. 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. Indemni . f The Contractor(including, by definition here and hereinafter,its officials, employees, agents�nd 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 (in- cluding costs of investigation and defense),fees(including reasonable attomey and expert witness fees)or compensation in any f�rm or kind whatsoever for any bodily injury,death,personal injury or property dannage arising out of or in connection with any negligent act,intentional act, enor or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, enors 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 Cour�ty or its employees. The Contractor further shall investigate,process,respond to,adjust,provide defense for and defend, pay or settle ail claims,demarids,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 pa.rt, the Cantractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Cotorado, 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 ihe limits indicated and including such endorsemerits as are indicated by an"X", are required: 1. Statutory Workers' Compensation: Colorado statutory minimums 2. Commercial C'reneral 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 Personallnjury 3. Business Auto Coverage: Combined Single Limit Liability(each accident) $1,000,000.00 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 R.isk _ (6)Boiler and Machinery � _ (7)Loss of Use Insurance _ (8)Pollution Liability _ (9)Crime, including Employee Dishonesty Coverage,or Fidelity Bond < < r • � � + , , 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 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 County(through the County's Risk Department). (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 County's Risk Department (and prompfly update,as necessary)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 insuran�e 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 r�course 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 assumect 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 sha11 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. Exemptians 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 Cantractor s�all maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract far a period of three (3) years afte"r final payment under the contract and the County shall have the right withiri 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 deternuning, 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 Iaws of the State of Coiorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. ( ^ lU 17. Attome '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 pariy 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$150,040.00 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 o�cers, 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. C�arrent Year Ob1i ations: The parties acknowledge and agree that any payments provided for hereunder or reqnixements 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 reqnirement in any ensuing f scal yeax beyond the then current fiscal year of Pitkin County. No provision of the contract shall be constnxed or interpreted as creating a multiple-fiscal year direct or inairect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not ciirectly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin Co�znty's then current fiscal year. No provisions of this contract sha.�l 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 througn any of the following: (1) hand delivery to the person at the address below; (2)delivery by facsimile with confzmation of receipt to the fax number below; or(3) within three(3) days of being sent certifed first class mail,postage prepaid, return receipt requested addressed as � , . follows: � � ' A. To Pitkin Counry with co iep S t0: . ' P�t Bingham Pitkin County Attorney's O�ce 530 East Main Street 3�d Floor 530 E. Main Street,#302 Aspen, Coiorado 81611 Aspen, Colorado 81611 Fax; 920-5 I98 Fax: (970} 920-5198 B. To Contractor: Bob Albright, or other County Ad Representative Aspen Daily News, 517 E. Hopkins, Aspen, CO 81611 . ( . . . .. .. ..._ , ...�...� .,..u�-.n.�nw, .wa:s», rw..-raar.arr..c�+.y..�a�.r.».s� 4+navwsvea�:�+ » .....a,w•xa�w—.�o-v�:n.� +..-,+.Ma.e�.'m.^nR-4��Mt-t.�a�,'bi4�+w'+µ+i4w,�st�p+nm+w+emnwR3'�in?x+w:p .f, 21. XXI. Compliance with House Bill 06-1343. A. In compliance with House Bill 06-1343, amending Title 8 of the Colorado Revised Staiutes 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, y B. In compliance with House Bill 06-1343 enacted by the General Assembly of the State of Colorado: 1. The Contractor shall verify or attempt to verify through participation in the Basic Pilat Program [created in Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108�' Congress, as amended, that is administered by the United States Department of Homeland Security) that the Contractor does not employ any illegal aliens 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 Pi1ot Program is discontinued. 2. The Contractor shall be prohibited from using Basic Pi�ot Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. 3. If the Contractor obtains actual knawledge 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 subcontrac�or a:�d the Caanty within three days that the Contractor has actual knowiedge 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. § 8-17.5-102. IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out hereiri above. CONT �- � `By: . Title�v�7�r`�� 2�3 �/b � Date By� a�� ' ta 3� p'� Authorized Si Date I