HomeMy WebLinkAboutbocc.con.184.2002 CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
Originating Department/Division:
Contact Person: ,:. 7Z
Phone #: CONTRACT# &L�00
BOCC AGENDA ITEM (BOCC signature required)
i STAFF AUTHORIZED SIGNATURE (as per Procurement Code)
Check Contract Type:Services STAFF AUTHORIZED
Maintenance SIGNATURE
License/Use
Lease
Construction
Purchase
Employment
Intergovernmental Agreement(Requires BOCC Action)
Grant Agreements (Requires BOCC Action)
Other
Signatures Required:
Under 25K—Department Head
25-50K—Department Head (if appropriate), Section Leader
Over 50 K—Department Head (if appropriate), Section Leader, County Manager
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Contractor/Business (Complete Name): J7�z o ,�� C c^ �(f.'c'7cn f�'7-
Contract Start Date: 4 D/ 1 Z '• ;Z Contract End Date:
Automatic Renew ,(Y
All Contracts should be proofed for the following:
• No Pages Missing
• If a Page is Left Intentionally Blank—Note on Page
• Page numbered consecutively
• All Signatures Affixed
• All Dates Filled In
• All Other Blanks Filled In
• All Exhibits Attached
• All Legal Descriptions Attached (if appropriate)
• Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
7r �
Authorized Staff Person
Signature of authorized staff person indicate that document has been proofed and ready
for scanning.
Note: Clerk's Office will keep original documents in compliance with Colorado
State Archives retainage schedule.
pcjmj\ww\g\scannning\county contracts\narrative\checklistsheet
STAFF AUTHORIZED
SIGNATURE
CONTRACT# J ;W!L-
AGREEMENT FOR PROVISION OF SERVICES
THIS AGREEMENT FOR PROVISION OF SERVICES (the "Agreement") is made and
entered by and between Pitkin County, Board of County Commissioners ("Pitkin County") and The
Salentine Collection International (hereinafter "Contractor").
1. Purpose. The purpose of this Agreement is to remove the old and install the new
carpet on terminal bathrooms walls and all other detail work covered under that task (note item # 3
below for Contractor's Obligations).
2. Term. The term of this Agreement is from October 1, 2002 to November 30,
2002. At the expiration of the initial term, the Agreement may be extended for an additional term
of up to 30 days by the express written consent of both parties.
3. Contractor's Obligations. Contractor shall:
3a. Remove and dispose of old wall covering
3b. Necessary wall prep for new covering
3c. Install new wall covering
3d. Replace all existing signs and gates
3e. Replace cove-base
3f. Clean up of the work area
4. Compensation and Expenses, Invoicing and Payment. The County shall pay the
Contractor for performance of services hereunder. Payment of invoices submitted by Contractor
hereunder is contingent upon completion of each task to the satisfaction of the County. Invoices
shall itemize specific work done to complete the task, and include receipts for all reimbursable
items. Within thirty (30) days of receipt of an invoice and approval thereof as required hereunder,
payment shall be made by the County. Reimbursable expenses are One Thousand Eight Hundred
Nine Dollars and Nineteen Cents ($1,809.19) may be billed and will be paid within thirty (30) days of
receipt of the invoice with a top-set of $1,809.19. In no event shall the total charges for services
and reimbursements exceed $1,809.19. In the event the Contractor incurs time and expenses above
said amount, no compensation for said additional time and expenses shall be required to be paid by
the County without written authorization by the County.
5. County's Exclusive Ownership of Work Product. All work produced pursuant to this
Agreement becomes the property of Pitkin County.
6. Pitkin County's Obligations. Pitkin County shall administer this Agreement through a
County Representative. Scott Benesh will manage the project as the County's Representative. In
the event that Scott Benesh is not available, Carrington Brown shall assume the County
Representative's duties. The services provided and products delivered by the Contractor under this
Agreement will be subject to review by the County's Representatives, or a designee, for compliance
herewith.
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The review comments of the County's Representative may be reported in writing as needed to the
Contractor. To prevent an unreasonable delay in the Contractor's work, the County's Representative
will endeavor to examine all deliverable products and other documents and will accept same and
authorize payment or will specify necessary changes within ten (10)working days of receipt of such
documents.
7. Cancellation. In addition to the right of termination referenced in Required Clauses
hereto, Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance
of Contractor's obligations as determined by Pitkin County in its sole discretion, upon written notice
to Contractor as provided in Paragraph 11 herein.
8. Required Clauses. Pitkin County's Required Clauses, including provisions for
insurance and indemnification, are attached hereto and incorporated by this reference.
9. Independent Contractor Status.
a. The parties to this Agreement intend that the relationship between them
contemplated by the Agreement 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 Agreement. Contractor may choose to work for other individuals or
entities during the term of this Agreement, provided that the basic services and
deliverable products required under this Agreement are submitted in the manner and
on the schedule defined under this Agreement.
C. 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 Agreement.
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 Agreement.
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.
10. Assignablility. This Agreement is not assignable by either party.
11. Notice. Any written notice required by this Agreement shall be deemed delivered on
the happening of 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:
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a. To Pitkin County
Scott Benesh
Aspen/Pitkin County Airport
0233 E. Airport Road, Suite A
Aspen, CO 81611
Fax #: 970-920-5378
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
b. To Contractor:
Rick Balentine
The Balentine Collection International
533 E. Hopkins Avenue, Suite A
Aspen, CO 81611
Phone: 970-925-4440
Fax: 970-925-2113
12. Modification. This Agreement may only be modified by written agreement of both
parties hereto. Any modifications hereof are subject to the requirements of the Pitkin County
Procurement Code and the Required Clauses attached hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out
herein above.
CONTRACTOR:
By:
Title Qt.✓``
Date
PITKIN COUNTY:
BY: O 0e2 A- Zb 012-
Department Head ate Section Head (if >$25,000) Date
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REQUIRED CLAUSES
For purposes of these Required Clauses, "Contractor"means The Salentine Collection International.
Contractor shall be subject to the following provisions:
1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING
LAW
A. The Contractor acknowledges that this Agreement is entered into subject to the
requirements of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home
Rule Charter, Ordinance # 00-18, approved April 26, 2000). As such, the Contractor agrees to
comply with all requirements of said Procurement Code, and such requirements are incorpor-
ated herein by this reference.
B. The Contractor shall immediately notify the County Manager in writing of any violation
of said Code or statutes by the County's employees or agents, which violation(s) is known or
should have been known by him, and failure to so notify the County of any violation(s) within
five(5)days of knowledge of such violations shall be considered a breach of this Agreement.
Further, such failure to notify the County of violation of the Procurement Code or statutes
within five (5) days of knowledge shall be deemed as a waiver of any action or defense that
the Contractor may have against the County by reason of such violation of the Procurement
Code or statutes.
2. WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS AND
CONFLICT OF INTEREST
A. Covenant Against Contingent Fees. The Contractor warrants that no person or selling
agency has been employed or retained to solicit or secure this Agreement upon an agreement
or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial or selling agencies maintained by the
Contractor for the purpose of securing business.
B. Gratuities Prohibited. The Contractor agrees not to give any employee or former
employee of Pitkin County a gratuity or any offer of employment in connection with any
decision, approval, disapproval, recommendation, preparation of any part of a program
requirement or a purchase request, influencing the content of any specification or
procurement standard, rendering of advice, investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling, determination, claim or
controversy, or other particular matter, pertaining to this Agreement, or to any solicitation
or proposal therefor.
C. Gratuity means a payment, loan, subscription, advance deposit of money, services, or
anything of more than nominal value, present or promised, unless consideration of
substantially equal or greater value is received.
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D. Kickbacks Prohibited. It shall be a breach of Agreement for any payment,gratuity, or
offer of employment to be made by or on behalf of a subcontractor under a contract to the
prime contractor or higher tier subcontractor or any person associated therewith, as an
inducement for the award of a subcontract or order. The Contractor is prohibited from
inducing, by any means,any person employed under this Agreement to give up any part of the
compensation to which he/she is otherwise entitled. The Contractor shall comply with all
applicable local,state and federal "anti-kickback" statutes or regulations.
E. Conflict of Interest Prohibited. No official, officer, employee or representative of
the County during the term of this Agreement or one (1) year thereafter shall have any
interest, direct or indirect, in this Contract or the proceeds thereof. (Additional
restrictions on present and former employees of County are found in Article 7 of the
Procurement Code).
F. Sub-Contract Clause. The prohibitions against contingent fees, gratuities, kickbacks
and conflict of interest prescribed in this Agreement shall be made a condition of and con-
spicuously set forth in every sub-contract and solicitation therefor.
G. Conspicuously means written in such special or distinctive format, print, or manner that
a reasonable person against whom it is to operate ought to have noticed it.
H. Remedies. In addition to other remedies it may have for breach of the prohibitions
against contingent fees, gratuities, kickbacks and conflict of interest, the County shall have
the right to:
(1) Terminate this Agreement without liability by the County;
(2) Debar or suspend the offending parties from being a contractor or sub-contractor
under County contracts;
(3) Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Contractor; and
(4) Recover such value from the other offending parties.
3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/WOMEN
BUSINESS ENTERPRISES (DBE/MBE/WBE)
A. Pursuant to local, state and/or federal anti-discrimination and affirmative action
programs, contractor shall-meet all applicable requirements with respect to employment and
subcontracting in connection with Disadvantages/Minority/Women individuals and enterprises
(DME/MBE/WBE).
B. In connection with the execution and administration of this Agreement, and any
subcontracts, the Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, handicap or status as a
veteran.
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C. In connection with the performance of this Agreement, the Contractor will cooperate
with the County in meeting the County's commitments and goals with regard to the maximum
utilization of disadvantaged, minority and women business enterprises and will use its best
efforts to ensure that such business enterprises shall have the maximum practicable
opportunity to compete for employment and/or subcontract work, if any, under this
Agreement.
D. The Contractor will furnish all necessary information and reports and will permit
access to its books, records, and accounts by Pitkin County for purpose of investigation to
ascertain compliance with the nondiscrimination/affirmative action provisions of any
resultant contract.
E. Employment Data and Affirmative Action Plan. If requested, the Contractor agrees to
submit on an Employment Data Form to be provided by the County, the data showing the
utilization of disadvantaged persons, minorities and women by job category within its
organization. Where the Contractor has fifty (50) or more employees or it is participating in
contracts with the County, which exceed Fifty-Thousand ($50,000.00) Dollars, an
Affirmative Action Plan must be submitted to the County when requested by the County
Attorney's Office within ten (10)days after selection.
F. Noncompliance. In the event of the Contractor's noncompliance with the
nondiscrimination/affirmative action provisions of any resultant contract, Pitkin County shall
impose such contract sanctions as it may determine to be appropriate, including, but not
limited to:
(1) Withholding of payments under the Agreement until the Contractor complies,
and/or
(2) Cancellation,termination, or suspension of the Agreement, in whole or in part.
4. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY
A. In addition to the right of cancellation referenced in Paragraph 7 of the Agreement,
the performance of work under the Agreement may be terminated by Pitkin County:
(1) Whenever the Contractor shall default in performance of this Agreement in
accordance with its terms,and fails to cure or show cause why such failure to perform
should be excused within ten (10) days (or longer as the County may allow or shorter,
but not less than three (3) days, for failure to provide proof of insurance or
maintenance of any dangerous condition) after hand-delivery, facsimile or mailing to
the Contractor of a notice specifying the default as provided in Paragraph 11 of the
Agreement.
The Contractor shall not be in default by reasons of any failure in performance of this
Agreement in accordance with its terms if such failure arises out of causes beyond the
control and without the fault or negligence of the Contractor. Such causes may
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include, but are not restricted to, acts of God, natural disasters, strikes, or freight
embargoes, but in every case the failure to perform must be beyond the control and
without the fault or negligence of the Contractor. Upon request of the Contractor,
the County shall ascertain the facts and failure,and, if the County shall determine that
any failure to perform constituted a valid commercial excuse, the performance shall be
revised accordingly and notice of default withdrawn; or
(2) Whenever for any reason and in its sole discretion the County shall determine that
such termination is in its best interest and convenience.
B. Notice of Termination. In the event of termination, the County shall deliver to the
Contractor a written notice of termination, specifying the reasons therefor, and the effec-
tive date of such termination. The effective date shall not be earlier than the date of hand-
delivery, facsimile or the date of mailing of the notice, as provided in Paragraph 11 of the
Agreement.
C. Termination Procedure. After the effective date of the notice of cancellation, termi-
nation for default or for the convenience of the County, unless otherwise directed by the
County,the Contractor shall;
(1) Stop work under the Agreement on the date specified in the notice of termination.
(2) Place no further orders for materials,services or facilities.
(3) Terminate all orders and subcontractors to the extent that they relate to the
performance of work terminated by the notice of termination.
(4) With the approval or ratification of the County, settle all outstanding liabilities and all
claims arising out of such termination on orders or subcontracts, the cost of which
would be compensable or reimbursable in whole or in part in accordance with this
Agreement.
D. Termination Payment. After the effective date of a notice of termination for the
convenience of the County, the Contractor shall submit to the County his termination claim in
the form of a final invoice in accordance with the provisions in "Method of Payment,"
including costs incurred to the date of termination, and costs incurred because of
termination, which termination costs shall not exceed 10% of the total amount of proposal;
provided, however, that in the event of default by the Contractor, no extra costs incurred
because of termination shall be paid to the Contractor and any costs paid shall not be a
waiver of any claim, counterclaim or set-off by the County against the Contractor on account
of any default. Such claim must be submitted promptly, but in no event later than thirty(30)
days from the effective date of termination, unless one or more extensions are granted in
writing by the County. Upon the Contractor's failure to submit a claim in the time allowed,
the County may review the information available to it and determine the amount due the
Contractor, if any,and pay the Contractor the amount as determined.
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E. Termination Settlement. Subject to Paragraph 4.1)., the Contractor and County may
negotiate the whole or any part of the amount or amounts to be paid, if any, upon cancellation,
termination for default or for the convenience of the County.
F. Remedies. The Contractor shall have the right of appeal from any determination made
by the County under "Cancellation or Termination for Default or for Convenience of
County;" except that if the Contractor has failed to submit his claim within the time provided
in Paragraph 4.D., above, and has failed to properly request extension, he shall have no such
right of appeal. In any case where the County has made a determination of the amount due
under Paragraphs 4.D. or 4.E., above, the County shall pay the Contractor: (1) the amount the
County has determined if there is no right to appeal or if no timely appeal has been taken, or
(2)the amount finally determined on such appeal if an appeal has been taken.
G. Method of Appeal. If the Contractor disagrees with the County's determination under
Paragraphs 4.0. or 4.E., he can appeal this decision in writing to the County. Such appeal must
be made within twenty (20) days of receipt in writing of the County's determination. The
County shall have twenty (20) days in which to respond in writing to the appeal. The County's
response shall be final and conclusive unless within thirty (30) days from the date of receipt
of such response the Contractor submits the dispute to a court of competent jurisdiction or
submits a demand for arbitration if required by the Contract Documents.
5. INTEGRATION AND MODIFICATION
A. The Agreement constitutes the full and complete agreement of the parties and
supersedes or incorporates any prior written and oral agreements of the parties. In addition,
the Contractor understands that unless the contract is for goods or services of a value less
than $50,000, no County official or employee, other than the Board of County Commissioners
acting as a body at a Board meeting, has authority to enter into a contract or to modify the
terms of the Agreement on behalf of the County. Any such contract or modification to this
Agreement must be in writing and be executed by the parties hereto.
B. With respect to change orders under the Agreement, the County and the Contractor
shall process and approve/disapprove requests for change orders as otherwise provided in
this Agreement, subject to the requirements of the Procurement Code and the Finance
Office.
6. INDEMNITY
A. The Contractor (including, by definition here and hereinafter, its officials, employees,
agents and representatives,subcontractors and suppliers),shall and hereby does release, dis-
charge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents
and representatives from and against liability for any claim, demand, loss, damages, penalty,
judgment, expenses, costs (including costs of investigation and defense), fees (including
reasonable attorney and expert witness fees)or compensation in any form or kind whatsoever
for any bodily injury, death, personal injury or property damage arising out of or in
connection with any negligent act, intentional act, error or omission by the Contractor, and
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for any consequential liability alleged to accrue against the County on account of the
Contractor's acts, errors or omissions; provided, however, that such indemnity shall not be
construed as an indemnity for bodily injury or property damage arising from the sole negli-
gence of the County or its employees.
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.
7. INSURANCE
A. In whole or in part, the Contractor shall secure and maintain for the term of its
contractual relationship with the County such insurance policies, from companies licensed in
the State of Colorado,as will protect itself, the County 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 the limits indicated and including such endorsements as are indicated by an "X", are
required:
(1) Statutory Workers' Compensation: Colorado statutory minimums
(2) Commercial General Liability- ISO 1998 Form or equivalent
(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(place X by applicable provisions):
_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_ Personal Injury
(3) Business Auto Coverage;
Combined Single Limit Liability(each accident) $1,000,000.00
Coverage to include (place X by applicable provisions):
_X_Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Garage Liability
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I
(4)Special Coverages (check as appropriate and insert amount):
(1)Performance Bond
Labor and Material
Payment Bond
(2)Professional Errors and Omissions
(3) Aircraft Liability
(4)Owner's Protective
(5) Builder's Risk amount of project
(6) Boiler and Machinery
(7)Loss of Use Insurance
(8)Pollution Liability
(9)Crime, including Employee Dishonesty Coverage, or
Fidelity Bond
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Pitkin County Risk Management
C/o Scott Benesh
Aspen/Pitkin County Airport
0233 E. Airport Road, Suite A
Aspen, CO 81611
Fax: 970-920-537B
B. To provide evidence of the required insurance coverages, copies of Certificates of
Insurance in a form acceptable to the County shall be filed with the County (through the
County Representative)no later than ten (10) calendar days prior to commencement of opera-
tions 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 and grounds for rescission
or termination. These Certificates of Insurance shall contain a provision that coverage
afforded under the policies will not be canceled or materially altered unless at least thirty
(30) calendar days prior written notice by certified mail, return receipt requested (effective
upon proper mailing), has been sent to the County (through the County's Risk Department).
(For purposes of this provision, "materially altered" shall mean a change affecting the
coverages 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 promptly 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.
C. In addition,these Certificates of Insurance shall contain the following clauses:
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(1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a
Certificate,shall not apply to the County of Pitkin.
(2) The insurance companies issuing the policy or policies hereunder shall have no recourse
against the County of Pitkin for payment of any premiums or for assessments under any
form of policy.
(3) Any and all deductibles in the above-described insurance policies shall be assumed by
and be for the amount of,and at the sole expense of the Contractor.
(4) Location of operations shall be: "all operations and locations at which work for the
referenced Project is being done."
D. Certificates of Insurance for all renewal policies shall be delivered to the 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 Agreement or thereafter.
E. The County reserves the right to request and receive a copy of any policy and any
policy endorsement.
8. EXEMPTIONS AND PREFERENCES/
A. All purchases of construction or building or any other materials for this Agreement
shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin
County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be
employed to perform the work to the extent of not less than eighty percent (80%) of each
type or class of labor employed on such project; except for highway construction, which is
subject to C.R.S. 43-2-208, which provides that all laborers shall be bona fide residents of
Colorado with a preference to residents of the County where the work is performed.
C. Preference is given, to the extent permitted by law, to: materials, supplies and
provisions produced, manufactured or grown in Colorado, quality being at least equal to
materials, supplies and provisions from outside the state; and to local (Roaring Fork Valley)
services and labor of quality at least equal to non-local services and labor.
9. RECORDS
The Contractor shall maintain comprehensive, complete and accurate books, records, and
documents concerning its performance relating to this Agreement for a period of three (3)
years after final payment under the Agreement 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 Agreement
and applicable law.
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10. THIRD PARTIES
This Agreement does not and shall not be deemed or construed to confer upon or grant to
any third party or parties, except to parties to whom Contractor or County may assign this
Agreement in accordance with the specific written permission,any rights to claim damages or
to bring any suit,action or other proceeding against either the County or Contractor because
of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
11. AGREEMENT MADE IN COLORADO
The parties agree that this Agreement was made in accordance with the laws of the State of
Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin
County,Colorado.
12. ATTORNEY'S FEES
In the event that legal action is necessary to enforce any of the provisions of this
Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
13. GOVERNMENTAL IMMUNITY
Contractor agrees and understands that Pitkin County is relying on and does not waive, by
any provision of this Agreement, the monetary limitations or terms (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, 24-10-101, et. seq., C.R.S., as from
time to time amended, or otherwise available to Pitkin County or any of its officers, agents
or employees. Further, nothing in these Required Clause or the Agreement 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.
14. CURRENT YEAR OBLIGATIONS
The parties acknowledge and agree that any payments provided for hereunder or
requirements for future appropriations shall constitute only currently budgeted
expenditures of Pitkin County. Pitkin County's obligations under this Agreement are
subject to Pitkin County's annual right to budget and appropriate the sums necessary
to provide the services set forth herein. No provisions of the Agreement shall
constitute a mandatory charge or requirement in any ensuing fiscal year beyond the
then current fiscal year of Pitkin County. No provision of the Agreement 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 Agreement shall not directly or indirectly obligate
Pitkin County to make any payments beyond those appropriated for Pitkin County's
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then current fiscal year. No provisions of this Agreement shall be construed to
pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any
provision of this agreement restrict the future issuance of Pitkin County's bonds or
any obligations payable from any class or source of Pitkin County's money.
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