HomeMy WebLinkAboutbocc.con.280.2016 7/2015 kjm
41TKIN Pitkin County
CouNT4 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 a,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 280.2016
Project Name Wellness and Administration Services
Contractor Healthbreak,Inc.
Budget Line Item 421.90.00000.82440
Additional Budget Line Item(s) Click here to enter text.
and special notes to Finance
Contract Start Date 9/1/2016
Contract End Date 9/30/2017
Automatic Renewal Yes 0 No►Z�
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 Human Resources
Project Manager Logan Project Manager 2792
Phone
Provide a brief description of the contract:
In compliance with the Valley Health Alliance Health Administration Program,Contractor shall
provide their Myhealthbreak Application and provide application services for the benefit of the County
and County's employees/spouses/domestic partners.
Contract Value Summary:
Contract Amount $48,000.00
This Change order/Amendment amount(if applicable) $
New Contract Total $
Procurement Method:
None 0 Informal❑ Formal ❑ Sole Source ❑ Emergency ❑ Contract Renewal 0
Contract Type:
Services/Maintenance ® Construction ❑ Goods,Equipment, Supplies ❑
Change Order/Amendment 0 Other,please explain ® Vendor selected by Valley Health Alliance
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.280.2016 Iv
Budget Line Item#:Health/Valley Alliance 421.90.0000.82440
�i'KIN
COUNTIst
CONTRACT FOR PROVISION OF WELLNESS ADMINISTRATION SERVICES
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Healthbreak, Inc. 601 16th Street, Suite C-311, Golden, CO 80401
(hereinafter"Contractor").
1. Term. The term of this contract is from September 1, 2016 to September 30, 2017. At the
expiration of the initial term, the contract may be extended for two (2) additional terms of one (1)
year by the express written consent of both parties.
2. Contractor's Obligations.
A,. Contractor shall implement the Myhealthbreak Application and provide the Myhealthbreak
Application Services for the benefit of the County and County's employees and/or
spouses/domestic partners. The implementation of this program is part of the Valley Health
Alliance Program.
B. County Responsibilities. The County agrees to:
a. Provide Contractor with a list identifying the names, addresses, telephone numbers,
gender, unique identifier (employee identification number or social security number)
and dates of birth of the Members (to be updated upon request of Contractor, but in
no event less than quarterly). If a unique identifier is other than the social security
number, then County confirms that this identifier is not recycled and is unique within
the company;
b. If available, provide Contractor with access to raw de-identified enrollment and claims
data from third party payor providing services to County, including, but not limited to
medical and prescription claims data;
c. Encourage Members to participate in the Myhealthbreak Application, reasonably assist
Contractor with enrollment functions and to accommodate and provide reasonable
access to all Members for completion of health questionnaires and engagement in
other offerings;
d. If the County develops and implements an incentive program,.then County agrees that
it will comply with state and federal law;
e. Compensate Contractor in accordance with the fee schedule identified on Exhibit "B"
attached hereto and incorporated herein by this reference.
C. Pricing. Pricing is detailed in Exhibit B.
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Budget Line Item#:HealthNalley Alliance 421.90.0000.82440
In addition to the ongoing service costs there will be a one-time data migration project fee.
Contractor shall take in and apply two (2) years of past screening data from Mayo Health to the
Myhealthbreak portal. The cost of the data migration is estimated to be $600.00 -$1000.00.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budget and Schedule set out in 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 forty eight thousand dollars ($48,000.00) for services
rendered in the initial term and each subsequent term thereafter. 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 bi-monthly, 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.
Notwithstanding the foregoing, the County agrees and understands that during the course of this
Agreement, County may receive certain proprietary and confidential information of Contractor relating to its
business affairs and operations,which is generally not available to the public(the"Confidential Information").
Confidential Information shall include,without limitation, methods of operation, business plans, marketing and
sales strategies and concepts of production methods or plans, health challenges and any information or
documentation identified as confidential at the time of disclosure or thereafter. County agrees to keep the `
Confidential Information confidential, and not to publish or disclose it. County agrees that it will not use.the
Confidential Information for any purpose other than in respect to the Myhealthbreak Application. County
agrees that the Confidential Information is, in all respects, confidential in nature. Any disclosure or use of the
Confidential Information by County, other than as provided in this Agreement,may cause serious harm or
damage to Contractor.
The County understands and agrees that any programs, materials, brochures, manuals, documents or
software not developed exclusively for the County during the performance of Contractor's
obligations under this Agreement or that were previously developed, owned or copyright protected
by Contractor shall remain the exclusive property of Contractor.
5. Pitkin County's Obligations. Pitkin County shall administer this contract through a County
Representative. Dannette Logan, Human Resources Manager 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.
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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 ninety (90) days' notice
prior to the end of successive years term of Contract. 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.
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. 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.
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B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or decrease in the
amount of the Contractor's compensation, which are mutually agreed upon between the County and
the Contractor, shall be in writing and upon execution shall become part of this contract.
12. Indemnity.
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, payor 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 have been discharged, including any warranty periods under 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 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.
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.
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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) $ 500,000
$ 500,000
$ 500,000
2. .Commercial General Liability—ISO 1 CG 0001 form or equivalent.
(With County named as an additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
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
• 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
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liability and defense of suits arising out of the activities performed by, or on behalf of
the Contractor, including completed operations".
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 Injury/Property Damage(Each Accident) $ 1,000,000
4. Special Coverages (check as appropriate and insert amount):
no)Performance Bond $
0(2)Professional Errors and Omissions
n(3)Aircraft Liability
n(4)Owner's Protective
n(5)Builder's Risk
n(6)Boiler and Machinery
n(7)Loss of Use Insurance
0(8)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 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.
Simultaneously with the Certificates of Insurance, the Contractor shall file with the Procurement
Officer a certified statement as to claims pending against the required coverages, reserves
established on account of such claims, defense costs expended and amounts remaining on policy
limits.
2. In addition,these Certificates of Insurance shall contain the following clauses:
a. The 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 shall have
no recourse against the County of Pitkin for payment of any premiums or for assessments
under any form of policy.
c. Any and all deductibles 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.
d. Location of operations shall be: "all operations and locations at which work
for the referenced Project is being done."
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3. Certificates of Insurance for all renewal policies shall be delivered to the County's
Representative at least fifteen (15) days prior to a policy's expiration date except for any policy
expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy and any
policy endorsement at any time during the term of this contract.
14. Exemptions 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.
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
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
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shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor
shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any
obligations payable from any class or source of Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivered through any of
the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first
class mail, postage prepaid, return receipt requested addressed as follows:
A. To Pitkin County with copies to:
Dannette Logan Pitkin County Attorney's Office
123 Emma Rd 123 Emma Rd
Basalt, Colorado 81621 Basalt, CO 81621
Ph: 970-429-2792 Fax: (970) 920-5198
B. To Contractor:
Kathy Knudson, President, Healthbreak, Inc.
601 16th Street, Suite C-311
Golden, CO 80401
Ph: 720-344-9507
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. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] 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 work 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 Department program,
Contractor shall deliver to the contracting State agency, institution of Higher Education or political
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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.
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IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
CONTRACTOR: HEALTHBREAK, INC.
By: 641 "lefkAmi
Title_President 9/9/16
Date
PITKIN COUNTY, COLO: D 0:
41111
Autli7ized Si_ er , Date
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EXHIBIT A: DETAILED SCOPE OF WORK
WELLNESS PORTAL
• User-Friendly Enrollment System
• English or Spanish Language Options
• Mobile Version,Available on iPhone and Android Smartphone Devices
• Health Screening Scheduling Tool
• Comprehensive Health Questionnaire
• Electronic Health Record
• Customizable Wellness Events by Category
• Individualized Wellness Action Plans
• Daily Health News and Monthly E-Newsletter
• Resources Including Healthy Living, Recipes,Health&Disease Management Guides,and Other
Tools
• Education Modules with Topics Customized by Category or Risk Factors
• Self-Tracking of Risk and Health Maintenance
Engagement Tools
• Integrated Wellness Challenge Programs-date specific or self-paced challenge
programs that use the Wellness Portal for registration and administration
• Apps Marketplace for integration of devices with wellness portal
• Message Center custom emails
Participation&Outcomes Tracking
• Online Tracking of Points,Activities and Rewards
• My Health Score Administration
• My Health Factors Administration (Point or Pass/Fail Criteria)
• Management of portal-driven Reasonable Alternative Standard(s)
HEALTH SCREENING
Onsite Health Screening
i. Height
ii. Weight
iii. Blood Pressure
iv. Waist Circumference Measurement
v. Laboratory exam to include:
a. Lipid Panel
b. Hemogram/complete blood count
c. Fasting Glucose
Medical Provider Form
Members have the option to visit their physician to obtain the health screening metrics. The physician
submits the Member results on a Healthbreak prepared form to be uploaded into the Myhealthbreak
Application.Under these circumstances,Client understands that the Members will not receive a critical call
for any abnormal tests or lab results that were uploaded into the Myhealthbreak Application. Healthbreak
and Client will discuss the parameters and protocol to be followed if this option is made available to
Members.
TELEPHONIC SERVICES
• Customer Care Help Desk for password reset
REPORTING SERVICES
Individual Reports
Reports available to individuals through the Wellness Portal include:
• Health Report
• Physician Summary Report
• Health Screening Results
• Health Screening Year over Year Comparison
Organizational Reports
The Administrator Portal offers organizations a comprehensive listing of real-time data reports
available online,to include:
• Announcement Summary
o A summary of the announcements added to the portal by the administrator
• Download Screening Time Slot
o An overview of screening time slots
• File Summary
o A listing of all of the files associated with a Group or Sub-Group
• Health Screening Time Slot Summary
o A summary which provides the number and members per timeslot
registered for each onsite health screening by location
• Member Screening Summary
o Lists all members that had a health screening card scanned or had
biometrics or lab data uploaded into the portal
• Member Point&Participation Summary
o A summary with the current point totals by member
• Member Event Summary
o The progress of members that have registered for an appointment or event
• Successful Log In Summary
o Summary of the members who attended and did not attend a health
screening
Organizational Health Report
In addition to organizational reports available online, Healthbreak prepares and delivers an
annual Organizational Health Report within 60 days of the close of the enrollment
period. This report provides a detailed overview of the key finding of the data collected
through the health questionnaire, health screening, and other metrics. It includes
comparative data of cohorts, Healthbreak book of business, State and/or National metrics
when available as well as provides corresponding recommendations.
Third Party Administrative Coaching Portal
The Coaching Administrator Portal offers third party coaching services access to Member data and
reports.
MARKETING AND COMMUNICATION
Marketing Services
• Semi-custom enrollment brochure (electronic)
• Branded announcement posters (electronic)
• Branded Health Screening Posters (electronic)
• About the Wellness Portal&How to Enroll PowerPoint Presentation (electronic)
• Customized marketing&print services available for additional fee
Communication
• Monthly e-newsletter sent to Members
• Announcements-ability to post an announcement for each group profile(s) including
heading,text, effective date and expiration date
• Custom emails on demand
ACCOUNT MANAGEMENT SERVICES
Client will be assigned an account management team to ensure a positive experience and
achievement of goals. That team will include a dedicated Account Manager to serve as the primary
contact for delivery of the Myhealthbreak Application Services including:
• Guidance in the overall planning, design and implementation of Clients wellness program using
the Myhealthbreak Application
• Training on the Wellness Portal&Administrator Portal
• Assistance in pulling Organizational Reports
• Guidance on incentive integration
• Weekly conference calls for the first six weeks of pre-implementation, monthly call meetings
thereafter.
• Provision of all Organizational Reports electronically
• One presentation of the Organizational Health Report
• One onsite visit per year, as determined by Parties
ANCILLARY SERVICES
Data Migration, Coding or Special Reports
Our technicians can migrate past program data into our portal or share data with a third party
vendor/partner. Coding for single sign-on functionality or special reports are also available.
Health Coaching Services
Healthy Lifestyle Coaching
Uses the latest standards for best practices in coaching and includes three (3) scheduled
outbound calls and unlimited inbound calls.This evidence-based approach utilizes behavior
change science with Motivational Interviewing and Readiness to Change,goal setting with the
participant, and the application of established guidelines for physical activity, diet, and
weight management.
Chronic Condition Coaching
Includes four (4) scheduled outbound calls to members who self-report any one or more of
the following diseases: Asthma, Diabetes, Chronic Obstructive Pulmonary Disease, and
Congestive Heart Failure. In addition to the deliverables included in the Health Lifestyle
coaching, members also receive a review of medications, treatment compliance, and
assessment of participant's knowledge regarding their disease.
My Rewards Store
An integrated online rewards store that converts Wellness Portal points into dollars and provides
management of incentive fulfillment. Features include:
• Over 4,500 top brand merchandise award selections
• 99%shipped within 24 to 48 hours of order receipt
• Convenient online shipment tracking for each participant
• Online and toll-free customer service for participant questions
• Awards billed weekly upon redemption-summary and detailed invoicing
Evaluation Services
Healthbreak can provide any number of comprehensive evaluation methodologies at determine the
success of a wellness program. These include a Financial Analysis,Medical Claims Analysis,Cost-
Effective Analysis,and/or Benefit-Cost Analysis to Determine Return on Investment.
Translation Services
Healthbreak can assist Client in the translation of any custom messages or documents from English
to Spanish.
Wellness Specialist Services
For any hourly work necessary or requested that is outside of Account Management Services.
Custom Wellness Programs&Services
Healthbreak's degreed and certified staff can provide additional wellness programs and services
including but not limited to the following:
• Employee Needs Assessments, Productivity Assessments&Culture Audits
• Management and training of wellness champions
• Policy and culture evaluation and improvement plans
• Leadership engagement and support training
• Health education and training
• Development and implementation of wellness challenges,lifestyle programs and healthy
living campaigns
Additional Travel
For requested travel outside of travel included in Account Management Services.
EXHIBIT B - DETAILED PRICING
SERVICE FEES
Contract Year Activation Feel
Annual Activation Fee Year 1 $1,250.00
Year 2 $750.00
Year 3+ $500.00
Wellness Portal Group Size2 PEPPM Fee3
100-500 $4.00
501-1000 $3.65
1001-1500 $3.50
1501-2250 $2.75
2251-2750 $2.50
2751-4000 $2.25
4001+ Call for quote
Included
Wellness Portal: Engagement Tools Up to 3 integrated challenges included per year,$500
thereafter
Wellness Portal: Participation&Outcomes Included
Tracking
25+participants per $55.00 per person
screening
10-24 participants $75.00 per person
Onsite Health Screening Screenings outside $250 additional fee
standard hours
Standard Screening Hours: 6am-7pm Cancelled screenings $500 per canceled
within 10 business days screening
Health screenings that are canceled due to inclement
weather will be rescheduled at no charge
Medical Provider Form $10 per processed form
Telephonic Services Included
Account Management Services Included
1
Reporting Services
Included
Third Party Administrative Coaching
Portal Coaching Access-$500.00 per year
Marketing and Communication Included
ANCILLARY SERVICES FEESj. r
$150 per hour or quoted per project
Data Migration,Coding or Special Reports One data file on standard format sent to one
designated third party vendor per year at no charge.
Healthy Lifestyle Coaching $3.40 PEPPM
Healthy Lifestyle Coaching PLUS Chronic
Conditions Coaching Program $3.85 PEPPM
My Rewards Store $500 set-up plus cost of items
Evaluation Services Costs to be agreed upon in writing by Parties prior to
implementation
Translation Services $65 per hour or priced per word
Wellness Specialist Services $65 per hour for work outside of Account
Management Services
Custom Wellness Programs&Services Costs to be agreed upon in writing by Parties prior to
implementation.
Customized marketing&print services Costs to be agreed upon in writing by Parties prior to
implementation.
For travel requests outside of Account Management
Travel Services. Mileage reimbursement at standard IRS
rate. Meals,travel&lodging passed through at cost.
lActivation fees are based on the Client being an active member of the Valley Health Alliance ("VHA") and
that there are a minimum of five employers that are members of the VHA. Otherwise,the activation fee is
$2500 per year
2 The Group Size is the total number of eligible employees in the Myhealthbreak Application for any given
month for all employers that are members of the VHA. Adjustments in fees based on the overall VHA size
will be made on a bi-monthly basis.
3 PEPPM is defined as the total number of eligible employees plus any participating non-employees
(spouses,dependents,etc.) each month. Participation is defined as a Member who has completed the
health questionnaire,health screening or has earned one point.
2
4VIKEN Pitkin County
COINTII 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 171.2016
Project Name Energy Code Consulting
Contractor Resource Engineering Group,Inc.
Budget Line Item 002.03.00000.82000
Additional Budget Line Item(s) Click here to enter text.
and special notes to Finance
Contract StartDate 4/15/2016
Contract End Date 10/14/2016
Automatic Renewal Yes 0 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 Community Development
Project Manager Pawl Project Manager 5443
Phone
Provide a brief description of the contract:
Contractor shall provide consulting services as it relates to adoption of energy code(s) in the County.
Specifically,tasks are: Renewable Energy Mitigation Program, Round Table Discussion.
Contract Value Summary:
Contract Amount $ 11,000.00
This Change order/Amendment amount(if applicable) $
New Contract Total $
Procurement Method:
None ® Informal❑ Formal ❑ Sole Source 0 Emergency 0 Contract Renewal 0
Contract Type:
Services/Maintenance ® Construction 0 Goods,Equipment, Supplies 0
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.171.2016 flur, - -•
Budget Line Item#002.03.00000.82000 ;1i%u:J!rr,
‘pfirli IN
-61
COU
CONTRACT FOR PROVISION OF ENERGY CODE CONSULTING
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Resource Engineering Group, Inc. 502 Whiterock Ave., Suite 102,
Crested Butte, CO 81224 (hereinafter"Contractor").
1. Term. The term of this contract is from April 15,2016 to October 14, 2016.
2. Contractor's Obligations. Contractor shall provide consulting services as it relates to the
adoption of energy code(s)in the County. Work shall be billed hourly. Work that exceeds the sum of
this Contract shall be agreed to by both parties and executed through a Change Order.
Renewable Energy Mitigation Program—Fee estimate: $8,000
• Provide technical analysis to frame how the system is currently functioning and answer
questions like: Do the current fees incentives one technology over another?Is that
substantiated by that technologies benefits? We will work with you to detail what that list of
questions should be.
• Incorporate feedback from the Board (provided by yourself) into the REMP methodology.
This may include alterations to the calculation methodology,most likely a complete overhaul
of the calculation engine behind the fee structure and offset rationale.
• Provide clear documentation that describes the methodology behind the calculation process
so that future administrators can make alterations if required.
Round Table Discussion—Fee estimate: $2,500.00
Direct expenses are billable with no mark-up. REG shares travel time and expenses between multiple
projects on all trips.
Hourly rates: Principal Engineer- $175/hr, Senior Project Engineer- $150/hr,Project Engineer-
$125/hr
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budget and Schedule set out in 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 ten thousand five hundred dollars ($11,000.00)for services
rendered without written agreement. By contract or amendment, the County and Contractor may
1
Contract#bocc.con.171.2016 Rci. 3. r.;7 irfri!i,s'
Budget Line Item#002.03.00000.82000 2/6:91)12 t r,,
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 County's Obligations. Pitkin County shall administer this contract through a County
Representative. Brian Pawl, Chief Building Official for County 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
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
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.
2
Contract#bocc.con.171.2016 i'ee.,v, Ns 51,7 7 -%k,
Budget Line Item#002.03.00000.82000 s=e."n i 2 173
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. Dispute Resolution. Any disputes arising out of this contract shall be subject to mediation as
a condition precedent to binding dispute resolution. Mediation, unless the parties mutually agree
otherwise, shall be administered by the American Arbitration Association in accordance with its
Construction Industry Mediation Procedures in effect on the date of this contract. The parties shall
share the mediator's fee and any filing fees equally. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof. If the parties do not
resolve a dispute through mediation, the parties agree that any disputes concerning the terms and
conditions of this contract shall be submitted and finally settled by binding arbitration. Arbitration
shall be conducted pursuant to the rules of the American Arbitration Association and shall be
presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract •
disputes. Costs of the arbitration shall be awarded to the substantially prevailing party.
10. Severability. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
11. Integration and Modification.
A. This contract represents the entire and integrated contract between the County and the
Contractor and supersedes all prior negotiations, representations, or contract, either written or oral.
This contract may be amended only by written contract signed by both the County and the Contractor.
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or decrease in the
amount of the Contractor's compensation, which are mutually agreed upon between the County and
the Contractor, shall be in writing and upon execution shall become part of this contract.
12. Indemnity.
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,but only to the extent they are caused by the negligent acts or omissions of the Contractor,its
employees and its consultants in the performance of professional services under this contract.. 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
3
Contract#bocc.con.171.20I6 +'• _ .3?>1 1t?ri.; ;
Budget Line Item#002.03.00000.82000 '' ` ';n„
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.
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,
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 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.
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) $ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability—ISO 1CG 0001 form or equivalent.
(With County named as an additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
4
Contract#bocc.con.171.2016 f,� ;`..7 7.!r ;,;i, .:
Budget Line Item#002.03.00000.82000 ='wi;i ?31i
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
• 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". •
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 Injury/Property Damage(Each Accident) $ 1,000,000
4. Special Coverages (check as appropriate and insert amount):
❑(1)Performance Bond $
0(2)Professional Errors and Omissions
0(3)Aircraft Liability
❑(4) Owner's Protective
❑(5)Builder's Risk
n(6)Boiler and Machinery
0(7)Loss of Use Insurance
❑(8)Pollution Liability
0(9) Crime,including Employee Dishonesty Coverage,or Fidelity Bond
5
Contract#bocc.con.171.2016 ; c. '. i:,lr�f
Budget Line Item#002.03.00000.82000 /6. I'1,11
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.
Simultaneously with the Certificates of Insurance, the Contractor shall file with the
Procurement Officer a certified statement as to claims pending against the required coverages,
reserves established on account of such claims, defense costs expended and amounts remaining
on policy limits.
2. In addition,these Certificates of Insurance shall contain the following clauses:
a. The 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 shall
have no recourse against the County of Pitkin for payment of any premiums or for
assessments under any form of policy.
c. Any and all deductibles 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.
d. Location of operations shall be: "all operations and locations at which
work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15) days prior to a policy's expiration date except for
any policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy and
any policy endorsement at any time during the term of this contract.
14. Exemptions 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.
6
Contract#bocc.con.171.2016 5 +• 1.;' «>•`j,
Budget Line Item#002.03.00000.82000
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
limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments
beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this
contract shall be construed to pledge or create a lien on any class or source of Pitkin County's
moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds
or any obligations payable from any class or source of Pitkin County's money.
•
20. Notice. Any written notice required by this contract shall be deemed delivered through any of
the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
confirmation of receipt to the fax number below; or(3) within three (3) days of being sent certified first
class mail,postage prepaid,return receipt requested addressed as follows:
A. To Pitkin County with copies to:
Brian Pawl Pitkin County Attorney's Office
130 S. Galena St.—3rd Floor 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax: 970-920-5439 Fax: (970) 920-5198
Ph: 970-920-5443
7
Contract#bocc.con.171.2016
Budget Line Item#002.03.00000.82000
B. To Contractor:
Resource Engineering Group,inc.
August Hasz,P.E.
502 Whiterock Ave., Suite 102
Crested Butte, CO 81224
Ph: 970-349-1216
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. [Not Applicable to agreements •
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services,sponsored projects, intergovernmental agreements, or information
technology services or products and services] 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 work 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 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 penury 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.
8
Contract#bocc.con.171.2016 Rep, _',$1.i i twin
Budget Line Item#002.03.00000.82000 7400i 1111
IN WITNESS WHEREOF,the parties have executed this contract as of the date first set out herein
above.
CONTRACTOR: Res Eng•*-ring Group,Inc.
By:
Title G//a 31/1.-PP‘/6 O !C!/-lam -- l
Date
PITKIN COUNTY, COLORADO:
/ _By: B : Au i ust Hasz President Resource En.ineerin•
Group Sept. 6th, 2016
Authorized Signer Date
9