HomeMy WebLinkAboutbocc.con.362.2016 •
] 1 n1
Pitkin County
Cut"Ty Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin
County Project Lead.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement helpna,pitkincountv.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 362.2016
Project Name Jail Nurse _
Contractor Randi Henry
Budget Line Item 001.33.00323.82024 $_
Additional Budget Line $
Item(s) $ _
(Please fully allocate New $
Contract Total)
Contract Start Date 11/1/2016
Contract End Date 10/31/2017_
Automatic Renewal Yes ❑ No
If Construction: Retainage Yes$ or % NoN
If this is a new contractor,please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department County Jail
Project Manager Bird Project Manager (970)429-2057
Phone
Provide a brief description of the contract:
Provision of health care services in the form of nursing to the inmates of the Pitkin County Jail, under
the supervision of a licensed physician. The rate is $39.0.0 per hour.
Contract Value Summary:
Original Contract Amount $
Previous Change Order/Amendment Amount(if applicable)
This Change order/Amendment amount(if applicable) $
New Contract Total $ 0.00
Procurement Method:
None U Informal El Formal ❑ Sole Source U Emergency U Contract Renewal U
Contract Type:
Services/Maintenance N Construction ❑ Goods, Equipment, Supplies ❑
Change Order/Amendment U Other, please explain 0 Click here to enter text.
NOTE: CLERKS OFFICE WILL. KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STA'T'E
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract Number: bocc.con3622016
Budget Line Item:001.33.00323.82024
CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Randi Henry, (hereinafter "Contractor"), 820 Palmer
Ave. Glenwood Springs, Colorado 81601.
I. Term. The term of this contract is from November I, 2016 to October 31, 2017. At
the expiration of the initial term, the contract may be extended for an additional term
of two (2)years by the express written consent of both parties.
2. Contractor's Obligations. Contractor shall:
• Provide health care services in the form of nursing to the inmates of the Pitkin
County Jail, under the supervision of a licensed physician.
• Maintain the standards set by the national Commission on Correctional Health
Care by keeping policies and procedures current.
• Provide in-service education to the jail officers when appropriate and necessary.
• Attend appropriate training sessions with the jail being responsible for costs
incurred.
• Coordinate quarterly medical meetings in compliance with the mandate from the
accrediting agency.
• Work in conjunction with other jail personnel to prevent litigation problems, by
maintaining an awareness of current correctional issues and by maintaining the
highest standard of health care possible.
• Maintain written documentation of services provided each inmate.
• Maintain all necessary statistical information and written information in
compliance with the accrediting agency.
• Maintain and keep updated all current medical protocols, policies, and procedures
in collaboration with the jail physician,jail administrator, medical officer, sheriff,
and undersheriff if necessary.
• Provide ongoing care in the event that the nurse is unavailable.
• Maintain adequate liahility insurance and a valid, current Colorado Nurses
License.
• Remain licensed and in good standing with all state licensing and professional
boards in the State of Colorado during the duration of the agreement and any
renewals thereof Contractor further agrees to provide the County proof of such
licensing and accreditation upon request at any time during the term of this
agreement or renewals thereof.
• Perform its duties and services herein under the supervision of a licensed
physician acceptable to the County. It is contractor's responsibility to coordinate
and communicate with the supervising physician.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for 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 he paid hereunder exceed the sum of thirty nine dollars ($39.00) per hour for all
Contract Number: bocc.con.362.2016
Budget Line[tem:001.33.00323.82024
services rendered. By contract or amendment, the County and Contractor may reallocate the budget
among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the
project monthly based on hours worked, with payment expected within thirty (30) days of invoice.
In the event the Contractor incurs time and expenses in excess of the total compensation stated
above, no compensation for said additional time and expenses shall be required to be paid by the
County without written amendment to this contract executed by the County.
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: I) 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. Don Bird 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.
Contract Number: hocc.con.362.2016
Budget Line Item:001.33.00323.82024
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 he
invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding
upon the parties hereto
I I. 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 he in writing and upon
execution shall become part of this contract.
12. Indemnity.
A. The Contractor (including, by definition here and hereinafter, its officials,
employees, agents and representatives, subcontractors and suppliers), shall and hereby does
release, discharge, indemnify and hold harmless the County of Pitkin and its officials,
employees, agents and representatives from and against liability for any claim,demand, loss,
damages, penalty,judgment, expenses, costs (including costs of investigation and defense),
Contact Number: hoee.con.362 2016
Budget Line Item:001.33.00323.82024
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, en-or or omission by the
Contractor, and 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 negligence 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 hear all other costs and expenses related thereto, even if the claim,
demand or lawsuit is groundless, false or fraudulent.
13. Insurance.
A. In whole or in 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
arc indicated by an "X", arc required:
Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability—ISO 1998 Form or equivalent
(With County named additional insured)
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit 52,000,000.00
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) 51,000,000.00
Including all owned,non-owned, and hired vehicles.
4. Special Coverages (check as appropriate and insert amount):
Contract Number: hose con 362.2016
Budget Line Item:001.33.00323.82024
(I) Performance Bond
Labor and Material
Payment Bond
_X (2) Professional Errors and Omissions SI 000.000
(3)Aircraft Liability
(4)Owner's Protective
(5)Builder's Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
(8)Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
13. Proof of Insurance:
1. To provide evidence of the required insurance coverage, copies of
Certificates of Insurance in a form acceptable to the County shall be filed
with the County through the representative identified in Paragraph 5, no
later than ten (10) calendar days prior to commencement of operations
affecting the County. Failure to file or maintain acceptable Certificates of
Insurance with the County is agreed to be a material breach of any
contract. These Certificates of Insurance shall contain a provision that
coverage afforded under the policies will not he 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 Procurement Officer. (For purposes of this provision,
"materially altered" shall mean a change affecting the coverage's required
herein, including a change to policy limits as set out in the then-current
policy declarations page).
Simultaneously with the Certificates of Insurance, the Contractor shall
file with the 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. "l he clause`other insurance provisions," in a policy in which
the County of Pitkin holds a Certificate, shall not apply to the County
of Pitkin.
b. The insurance companies issuing the policy or policies
hereunder shall have no recourse against the County of Pitkin for
payment of any premiums or for assessments under any form of
policy.
•
Contract Number: bocc.con.362.2016
Budget Line Item:001.33.00323.82024
c. 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.
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.
16. Contract Madc 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
temts (presently 5150,000.00 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 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.
Contract Number: bocc.con.362.2016
Budget Line Item:001.33M0323.82024
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: (I) 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
Don Bird, Jail Administrator
506 East Main Street, Dept. J
Aspen, Colorado 81611
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 8161 I
Fax: (970) 920-5198
B. To Contractor:
Randi Henry
820 Palmer Ave.
Glenwood Springs, CO 81601
21. Compliance with House Bill 06-1343 and I louse Bill 07-1073
A. In compliance with House Bill 06-1343 and House Bill 07-1073 amending Title 8
of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract
for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not
Knowingly employ or contract with an illegal alien to perform work under
this contract or;
Contract Number: bocc.con3622016
Budget Line Item:001.33.00323.82024
2. Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this contract.
B. In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by the
General Assembly of the State of Colorado:
L The Contractor has confirmed or attempted to confirm the employment
eligibility of all employees who are newly hired for employment in the United States
through participation in the Basic Pilot Program [created in Public Law 208, 104th
Congress, or its successor and expanded in Public Law 156, 108ih Congress, or its
successor, that is administered by the United States Department of Homeland Security]
and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into
this contract, the Contractor shall apply to participate in the Basic Pilot Program every
three months until the Contractor is accepted or this contract has been completed,
whichever is earlier. This provision shall not be required or effective if the Basic Pilot
Program is discontinued.
2. The Contractor shall be prohibited from using Basic Pilot Program
procedures to undertake pre-employment screening of job applicants while this contract
is being performed.
3. If the Contractor obtains actual knowledge that a subcontractor performing
work under this contract knowingly employs or contracts with an illegal alien, the
Contractor shall be required to:
a. Notify the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
b. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph(a) of this
paragraph (3) the subcontractor does not stop employing or contracting with the
illegal aliens; except that the Contractor shall not terminate the contract with the
subcontractor if during such three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an
illegal alien.
4. The Contractor shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an investigation that the
Department of Labor and Employment is undertaking pursuant to the authority established
in Subsection (5)of C.R.S. § 8-17.5-102.
Contract Number: bocc.con3622016
Budget Line Item:00133.00323.82024
22. Prison Rape Elimination Act(PREA) Requirements per DOJ $115.17
The contractor asserts that they have not:
• Engaged in sexual abuse in a prison,jail, lockup, community confinement facility,
juvenile facility, or other institution (as defined in 42 U.S.C. 1997)
• Been convicted of engaging or attempting to engage in sexual activity in the community
facilitated by force, overt or implied threats of force, or coercion, of if the victim did not
consent or was unable to consent or refuse; or
• Been civilly or administratively adjudicated to have engaged in the activity described.
Pitkin County does hereby certify that all contractors whom may come into contact with inmates
are required to undergo a criminal background check and the Contractor has complied with this
requirement.
IN WITNESS WIIEREOP, the parties have executed this contract as of the date first set out
herein above.
CONTRACTOR: •
13y: 0tCet •
/ d1
Title Arras6/2 /7"
Date
PITKIN COUNTY:
By. �—
Authorized Signer Date