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HomeMy WebLinkAboutbocc.con.171.2015 7.201 5 1,1m tf IN Pitkin County CouNTy Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County Project Manager. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement_help@pitkincounty.com). Any contracts$50,000 and over will be routed for signatures to County Manager and Attorney's Office(if required)by Procurement&Contracts Manager. Contract Information Contract Number 171.2015 Project Name Solid Waste Center Graphic Design Contractor _ Jennifer Perez, Open Window Budget Line Item 416.64.00000.82009 Additional Budget Line Item(s) Click here to enter text. and special notes to Finance Contract Start Date 9/1/2015 Contract End Date 8/31/2016 Automatic Renewal Yes ❑ No If Construction:Retainage Click here to enter text. If this is a new contractor, please request they complete and submit to Finance a W-9 Form. Contact Information: Department Solid Waste Center Project Manager Jack Johnson Project Manager 2885 Phone Provide a brief description of the contract: Contractor shall develop strategy, marketing and branding for the Landfill Programs, Singe Stream Recycling, Composting(SCRAPS). Deliverables are brochures, app, give aways, advertisement Contract Value Summary: Contract Amount $10,000 This Change order/Amendment amount(if applicable) New Contract Total Procurement Method: None ❑ Informal® Formal ❑ Sole Source ❑ Emergency 0 Contract Renewal 0 Contract Type: Services/Maintenance ® Construction 0 Goods,Equipment, Supplies ❑ Change Order/Amendment 0 Other,please explain 0 Click here to enter text. NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract#:.bocc.con.171.2015 Budget Line Item#:416.64.00000.82009 rrii 4.9 • CONTRACT FOR PROVISION OF SERVICES PITKIN COUNTY SOLID WASTE CENTER, GRAPHIC DESIGN THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and Jennifer Perez P.O. Box 773 New Castle, CO 81647 (hereinafter "Contractor"). 1. Term. The term of this contract is from SEPTEMBER 1, 2015 TO AUGUST 31, 2016. At the expiration of the initial term, the contract may be extended for an additional term of two years by the express written consent of both parties. 2. Contractor's Obligations. Contractor shall develop strategy, marketing and branding for the Landfill. The duties shall include but not limited to: a. Create a unified brand for County Landfill and a sub brand for all other programs related to sustainable if { .`took at brand differentiators,future goals, community_perception and desired percepci:;; :-a7d decide exactly what elements of the business belong where and how to bundle those elements. b. Identify the key areas where the landfill interfaces with the public and decide the most . appropriate and advantageous ways to move forward with outreach and visual communication in those areas. One example would be: what problems we want to/need to solve to make the landfill more successful or run more smoothly from a public outreach standpoint. Come up with unified language for both the landfill and the composting arm. c. Outline strategies for marketing current programs and devise strategies for new programs, Wooly's launch, composting arm and outreach. This plan would include ad and campaign ideas for online, print, thinking about face-time with the public at pre- organized events that,seem an appropriate fit for the landfill (having a booth of some sort. This would work especially well for Wooly and the Living Lab workshop awareness.) Existing programs to brand: Single Stream Recycling: • A piece for posting publicly • Ad template for newspaper • Brocure Composting: Contract 4:bocc.con.171.2015 Budget Line Item 4:416.64.00000.82009 • Logo image for SCRAPS to use on buckets and bags,graphics,etc. • • Brochure about composting at the landfill • Source bags for compost • Collateral like coffee sleeves • SCRAPS information sheet or brochure Brochures: • Living Lab workshops • Pitkin County Landfill • Hazardous Waste Disposal Wooly App Launch—Spring 2015 • Ad • Collateral (stickers, shoelaces, etc...) • Other marketing • General Advertisement Templates • For Magazine for Landfill • For newspaper for Landfill 1/4 and 1/8 page. Standardized Fonts,letterhead, etc.... • 3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule referenced in Paragraph 2. The hourly rate for the service will be $75.00 per hour. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of $10,000 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 project monthly based on hours worked, with payment expected owithin 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 County's Obligations. Pitkin County shall administer this contract through a County Representative. Jack Johnson, Public Outreach/Education Coordinator will manage the project as the County's Representative. The services provided and products delivered by the Contractor under this contract will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. 6. Termination Prior to Expiration of Contract Term. The County has the right to terminate this contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies Contract 4:bocc.con.171.2015 Budget Line Item 4:416.64.00000.82009 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. 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 standards 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. Contractor to be performed hereunder. Such changes, including the increase or Contract 4:bocc.con.171.2015 Budget Line Item 4:416.64.00000.82009 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. 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 referred 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 statutes, 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 all 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 all 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,hav: been_discharged, including any warranty periods uncdec this Contract are satisfied, insurance 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 contractor's insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. 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. 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. Location of Contractor's operations shall be all.operations and locations at which work for the referenced Project is being done. 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 and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Contract#:bocc.con.171.2015 Budget Line Item#:416.64.00000.82009 A. Coverage and Limits of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form"basis. 1. Statutory Workers' Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. 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) $ Statutory Coverage B(Employers Liability) $ 100,000 2. Commercial General Liability–ISO 1CG 0001 form or equivalent (With County named additional insured) Minimum Limits: General Aggregate $ 1,000,000 Products/Completed Operations Aggregate $ 1,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 . , Fire Damage(Any One Fire), „ $ 50,000 • Medical Payments(Any One Person) $ 5,000 Coverage to include: - • Premises and Operations • Personal/Advertising Injury • Products/Completed Operations • Liability assumed under an Insured Contract(including defense costs assumed under contract) • Independent Contractors • 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#:bocc.con.171.2015 Budget Line Item#:416.64.00000.82009 3. Special Coverages(check as appropriate and insert amount): n (1)Performance Bond $ n Labor and Material $ _ n Payment Bond $ ®(2)Professional Errors and Omissions $1,000,000 limit • n (3)Aircraft Liability ❑ (4)Owner's Protective n(5)Builder's Risk n (6)Boiler and Machinery n(7)Loss of Use Insurance n (8)Pollution Liability n(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 or 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 Consultant/Contractor 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. 2. Simultaneously with the Certificates of Insurance, the Contractor shall file Y, with the Procurclnen :OYicer a certified statement as to claims pend ing.agaailstthe_•... required coverages;reserves established on account of such claims,defensecosts expended and amounts remaining on policy limits. 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 contractor 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 84-78000-5K. 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. Contract#:bocc.con.171.2015 Budget Line Item#:416.64.00000.82009 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 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 limitratici?,:,: 'his•:contract shall not directly or indirectly -obli ate Pitkin County to make any r 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: Contract#:bocc.con.171.2015 Budget Line Item#:416.64.00000.82009 To: Pitkin County with copies to: Jack Johnson Pitkin County Attorney's Office 32046 HWY 82 530 E. Main Street,#302 Aspen,CO 81611 Aspen, Colorado 81611 Ph: (970)429-2885 Fax: (970) 920-5198 • B. To: Contractor Jennifer Perez P.O. Box 773 New Castle, CO 81647-0773 • Ph: (970) 379-4790 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. A. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor shall not 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 the public contract for services. • C. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform, work under the public contract for services through participation-in either the E-= ;f t:cify Program or the Department Program: • t. D. Contractor shall use either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. E. Should Contractor obtain actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Contractor shall be required to: 1. 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; • 2. Terminate the subcontract with the subcontractor if within three days of receiving the required notice the subcontractor does not stop employing or contracting with the illegal alien; except that the contractor shall not terminate the contract with the subcontractor if the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien; F. Contractor shall comply with any reasonable request by the department made in the course of an investigation that the department is undertaking pursuant to C.R.S. 8-17.5- Contract#:boec.con.171 2015 Budget Line Item#:416.6.1.00000.82009 102(5). IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONTRACTOR: P1TKIN COUNTY, COLORA 0: ` , 0 7•Z ,1� F A/ BY: 1 , x��/ By: 5- Date Authorized Signer Date 50274) kict k lg Let/ — Title G 43+-ttc.? ;>OS.%G. 1 t !