HomeMy WebLinkAboutbocc.con.148.2017 kIi "" ` Pitkin County
C"' ". I Contract Cover Shcct
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 help upitkincounty.com I. Any contracts $50,000 and over will be routed for signatures to County Manager
and Attorney's Office(if required)by Procurement R Contracts Manager.
Contract Information
Contract Number 148 2017
Project Name Vending Machine Services
Contractor Roaring Fork Vending
Budget Line Item
Additional Budget Line $
Item(s) $
(Please fully allocate New $
Contract Total) $
Contract Start Date 4/24/2017
Contract End Date 7/17/2017
Automatic Renewal Yes D NoN
If Construction. Retainage Yes $ or NoN
If this is a new contractor,please request they complete and submit to Finance a W-0 Form
Contact Information:
Department Airport
Project Manager Mike Yaft Project Manager (970)429-2850
Phone
Provide a brief description of the contract:
Temporary Vending Machine Sen ices _ I
Contract Value Summary:
Original Contract Amount $
Previous Change Order/Amendment Amount(if applicable) $
This Change order/Amendment amount(if applicable) $
New Contract Total $ 11.00
Procurement Method:
None ixf Informal❑ Foi mal U Sole Source U Entergenty U Contract Renewal U
Contract Type:
Services/Maintenance Construction LI Goods, Equipment, Supplies U
Change Order/Amendment U Other, please explain O Click here to enter text
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCIILDULE ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract#148 2017 xevrs,on 01,13/10174,n
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gtTh1N
COUNT• S
v
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
VENDING MACHINE SERVICES
THIS CONTRACT, made April 25, 2017 by and between the Board of County
Commissioners of Pitkin County, Colorado, 123 Emma Rd , Suite #106, Basalt, CO 81621,
(hereinafter called the "County") and Jessie Branum, Roaring Fork Vending, 10027 W. 82"a PI ,
Arvada, CO 80005 (hereinafter called the "Contractor") to perform the following work. Vending
Machine Services ("Project").
Term of Contract: The term of this contract is from April 24, 2017 to July 17, 2017
Il Contractor's Obligations Contractor shall Provide Vending Machines, Provide
Change Machine, Maintain and Stock Change Machine, Maintain Vending Machines,
and Stock Vending Machines
III. Compensation and Expenses, Invoicing, Payment and Onset The County shall
compensate Contractor for its services in accordance with the Project Budget and
Schedule set out in Paragraph II. it is expressly understood and agreed that in no event
will the total compensation and reimbursement to be paid hereunder exceed the sum of
zero dollars and zero cents(S0.00)for all services rendered By contract or amendment,
the County and Contractor may reallocate the budget among project tasks if the total
budget amount remains unchanged Contractor shall invoice for the project monthly
based on hours worked, with payment expected within thirty(30)days of invoice. Any
payment by the County may be offset by any amount the Contractor owes the County
for any i eason.
IV. Count '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 woi ks, 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
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V Pitkin County's Obligations. Pitkin County shall administer this contract through
a County Representative. Mike Yatt, Director of Airport Security- Landside Terminal
will manage the project as the County's Representative. In the event that Mike Yalt is
not available, Chris Padilla, Airport Controller shall assume the County
Representative's duties the sen ices provided and products delivered by the
Contractor under this contract will be subject to review by the County's
Representatives, of a designee, for compliance with Contractor's obligations prior to
final payment
VI. 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
VII. 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 he 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
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VIII. 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.
LX 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
X. 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 conti act 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 Contiactor. shall be in writing and upon
execution shall become part of this conte act.
XI. 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 terns 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 he 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 farther shall investigate, process, respond to, adjust. piovidc
defense for and defend,pay or settle all claims, demands,or lawsuits!elated hereto
at its sole expense and shall beat all other costs and expenses related thereto, even
if the claim, demand or lawsuit is groundless, false or fraudulent.
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XII. Insurance Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty peuods 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 helm are minimum requirements for this Contract and in
no way limit the indemnity covenants contained in this Contract. The policies shall
include, or be endorsed to include, the following provision. On insurance policies
where the County is named as an additional insured, the County shall be an additional
insured to the full limits of liability purchased by the Contractor even if those limits of
liability are in excess of those required by 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. Commercial General Liability Completed Operations coverage must he kept in
effect for up to three (31 years after completion of the project
A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits
of 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.
h 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
5 500.000
S 500.000
I Commercial General Liability —ISO I C'G 0001 form or equivalent.
(If 7th County named as mi additional insured)
Minimum Limits:
General Aggregate 5 2,000,000
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Contract#148 2017 aevs'on 02'1320171vm
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Products/Completed Operations Aggregate 4 2,000,000
Each Occurrence Limit $ I,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 Project(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 ( (i 2037
(2004 Edition or equivalent)
• The policy shall he 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 olsned,
hired and non-owned vehicles used in the performance of this Contract
Minimum I.unds. Statutory
Coverage Bodily/Property Damage(Each Accident) $ 1000,000
41 Special Coverages (check ac approprzate and nucrt amount)•
a. ❑ Performance Bond $
b. ❑ Professional Errors and Omissions
c ❑ Aircraft Liability
d. ❑ Owner's Protective
e. ❑ Builder's Risk
f ❑ Boiler and Machinery
g. ❑ Loss of I lse Insurance
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h ❑ Pollution Liability
i ❑ Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B Proof of Insurance
I ) bach 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 he given. Such notice shall
be emailed directly to Procurement lielpr pitkincounty.com. If the
insurance carriei 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 (71 days of receipt of insurers' notification to that effect.
Simultaneously with the Certificates of Insurance, the Contractor shall file
with the Project Lead a certified statement as to claims pending against the
required coverages, ieserves 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 ahove-
descnbed 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 he. "all operations and locations at which
work for the referenced Project is being done"
31 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.
XIII. Exemptions and Preferences. All purchases of construction or building or any other
matenals for this contract shall not include Fedei al 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.
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XIV. Records. The Contractor shall maintain comprehensive, complete and accurate
hooks,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
XV Contract Made in Colorado. The parties agree that this contract was made in
accordance with the laws ot the State of Colorado and shall be so construed Venue is
agreed to be exclusir sly in the courts of Pitkin County, Colorado
XVI Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this contract, the substantially prevailing party shall be entitled to its costs
and reasonable attorney's fees
XVII 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 S600,000 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
XVIII. Current Year()bligations.The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures ot Pitkin County. Pitkin County's obligations under
this contract arc 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 induect debtor other
financial obligation of Pitkin County withm 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.
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XIX. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail,postage pre-
paid to the addresses of the parties as follows Each party by notice sent under this
paragraph may change the address to which funue notices should be sent. Electronic
delivery of notices shall also be deemed sufficient and considered delivered upon
receipt of confirmation of del IN cry on the part of the sender.
To Pitkin County. with copies to:
Mike Yaft Pitkin County Attorney's Office
0233 E Airport Rd Ste. A 123 Emma Rd , Suite#204
Aspen, CO 81611 Basalt, Colorado 81621
Email. mike.yaft(a+aspenairport.com Entail: Attomey(a'pitkincounty coni
To Contractor.
Jessie Branum, Roaring Fork Vending
10027 W. 82nd Pl.
Amada, CO 80005
Phone. (303) 929-8469
Email.jessie branumiuihotmad.com
X.T. Public Contracts for Services and Public Contracts with Natural Persons. In
conformance with the provisions of C R.S §§ 8-17 5-101, et .seq , as amended and
C R.S. §§ 24-76.5-101. et seq., as amended.
A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
l.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 b-Verify Program established under Pub L. 104-208 or the State
verification program established pursuant to §8-175-102(5)(ci, C.R S., 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
perfom work under this Contract. Contractor (i) shall not use E-Venfy Program or
State program procedures to undertake pre-employment screening of job applicants
while this Contract is being performed, (ii) shall notify the Subcontractor and the
contracting State agency within 3 days if Contractor has actual knowledge that a
Subcontractor is employing or contracting with an illegal alien for work under this
Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the illegal alien within 3 days of receiving the notice,
and (iv) shall comply with reasonahle requests made in the course of an investigation,
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undertaken pursuant to §8-17.5-102(5), C.R.S , by the Colorado Department of Labor
and Employment If Contractor participates in the State 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 State program. If Contractor fails to comply with any requirement
of this provision or §§8-17.5-101 et seq., C.R.S., 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.
B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101,et.seq.,
C.R.S.
Contractor,if a natural person 18 years of age or older,hereby swears and affirms under
penalty of penury that he or she (i) is a citizen or otherwise lawfully present in the
United States pursuant to federal law, (ii) shall comply with the provisions of §§24-
76.5-101 et seq., C.R.S , and (iii) has produced one form of identification required by
§24-76 5-103, C R.S. 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.
Jessie 13 anum,Roaring Fork Vending
S1i1i
Signa re Date
JP SSi� DC"aVI vtM Owner
Printed Name Title
PITKIN COUNTY,COLORADO
RECOMMENDED FOR APPROVAL: ��
74_
Mike Yaft Date
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