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HomeMy WebLinkAboutbocc.con.236.2017 - AVH 7/2015 kjm NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Pitkin County Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin County Representative. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement@pitkincounty.com). Any contracts $50,000 and over will be routed for signatures to County Manager and Attorney’s Office (if required) by Procurement. Contract Information Contract Number 236.2017 Project Name Nutritional Counseling Contractor Aspen Valley Hospital District Budget Line Item 421.90.00000.82439 $ Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ $ $ $ Contract Start Date 10/1/2017 Contract End Date 9/30/2018 Automatic Renewal Yes ☒ No☐ If Construction: Retainage Yes $ or % No☒ If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department Human Resources Project Manager Joanna Rybak Project Manager Phone (970) 429-6133 Provide a brief description of the contract: Nutritional counseling one on one and classes Contract Value Summary: Original Contract Amount $ 5,000.00 Previous Change Order/Amendment Amount (if applicable) $ 0.00 This Change order/Amendment amount (if applicable) $ 0.00 New Contract Total $ 5,000.00 Procurement Method: None ☒ Informal☐ Formal ☐ Sole Source ☐ Emergency ☐ Contract Type: Services/Maintenance ☒ Construction ☐ Goods, Equipment, Supplies ☐ Change Order/Amendment ☐ Contract Renewal ☐ Other, please explain ☐ Click here to enter text. Contract # 236.2017 Revision: 02/13/2017kjm Budget Line Item # 421.90.00000.82439 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES NUTRITIONAL COUNSELING THIS CONTRACT, made August 10, 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 Aspen Valley Hospital District, 0401 Castle Creek Road, Aspen, CO 81611 (hereinafter called the “Contractor”) to perform the following work: Nutritional Counseling (“Project”). I. Term of Contract: The term of this contract is from October 1, 2017 to September 30, 2018. At the expiration of the initial term, the contract may be extended for an additional term of one (1) year by the express written consent of both parties. II. Contractor’s Obligations. Contractor shall provide nutritional counseling services for County employees. Services shall be provided by Contractor’s Registered Dieticians. Contractor shall register participants as a patient at Contractor’s admissions desk. Fees for services shall be entered as client billing charges at the following rates:  County Wellness participants – forty dollars ($40.00) for each thirty (30) minutes.  Classes for County participants – Eighty dollars ($80.00) per hour III. 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 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 five thousand dollars and zero cents ($5,000.00) 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. IV. Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this contract shall be the property of the Contractor. V. Pitkin County’s Obligations. Pitkin County shall administer this contract through a County Representative. Joanna Rybak, Employee Health and Well-Being Specialist Contract # 236.2017 Revision: 02/13/2017kjm Budget Line Item # 421.90.00000.82439 2 will manage the project as the County’s Representative. In the event that Joanna Rybak is not available, an alternate person will be identified and shall assume the County Representative’s duties. 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. 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. 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 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. 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. Contract # 236.2017 Revision: 02/13/2017kjm Budget Line Item # 421.90.00000.82439 3 IX. 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 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. XI. Indemnity. 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 agains t 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. 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. XII. 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. Contract # 236.2017 Revision: 02/13/2017kjm Budget Line Item # 421.90.00000.82439 4 The insurance requirements herein 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 be kept in effect for up to three (3) years after completion of the project. XIII. 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. XIV. 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. XV. Governmental Immunity. The parties agree and understand that both parties are relying upon and do not waive or abrogate, or intend to waive or abrogate by any provision of this Contract the monetary limitations or any other rights, immunities, or protections afforded by the Colorado Governmental Immunities Act, C.R.S. §§ 24-10-101, et seq., as it may be amended from time to time. XVI. 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 Contract # 236.2017 Revision: 02/13/2017kjm Budget Line Item # 421.90.00000.82439 5 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. XVII. 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 and via e-mail (electronic delivery) to the mailing and e-mail addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of deliver y on the part of the sender. To Pitkin County: Joanna Rybak 123 Emma Rd., Suite #106 Basalt, CO 81621 Email: Joanna.Rybak@PitkinCounty.com with copies to: Pitkin County Attorney’s Office 123 Emma Rd., Suite #204 Basalt, Colorado 81621 Email: Attorney@pitkincounty.com To Contractor: Aspen Valley Hospital District 0401 Castle Creek Road Aspen, CO 81611 Phone: (970) 925-1120 Email: KBates@aspenhospital.org with copies to: Aspen Valley Hospital District General Counsel 0401 Castle Creek Road Aspen, CO 81611 Email: EGerson@aspenhospital.org XVIII. 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. [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 established under Pub. L. 104-208 or the State verification program established pursuant to §8-17.5-102(5)(c), 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 perform work under this Contract. Contractor (i) shall not use E-Verify 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 # 236.2017 Revision: 02/13/2017kjm Budget Line Item # 421.90.00000.82439 6 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 reasonable requests made in the course of an investigation, 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 perjury 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. Contract # 236.2017 Revision: 02/13/2017kjm Budget Line Item # 421.90.00000.82439 7 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. ASPEN VALLEY HOSPITAL DISTRICT ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#COUNTY REPRESENTATIVE#! Date IF ADDITIONAL/NON-STANDARD LANGUAGE ADDED: ________________________________________________ !#COUNTY ATTORNEY#! Date Asst. County Attorney Oct-18-2017 Richard Neiley Oct-26-2017 Dannette Logan Director of Human Resources RDN Aspen Valley Hospital Oct-18-2017 Certificate Of Completion Envelope Id: 39438A81BA574766950D9DAA2BB7DD82 Status: Completed Subject: Aspen Valley Hospital Pitkin County Contract 236.2017 for Review and Signature Source Envelope: Document Pages: 8 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Procurement Mailbox AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Procurement@PitkinCounty.com IP Address: 10.103.101.12 Record Tracking Status: Original Oct-02-2017 Holder: Procurement Mailbox Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Richard Neiley richard.neiley@pitkincounty.com Asst. County Attorney Security Level: Email, Account Authentication (None)Using IP Address: 198.233.197.98 Sent: Oct-02-2017 Viewed: Oct-18-2017 Signed: Oct-18-2017 Electronic Record and Signature Disclosure: Accepted: Oct-18-2017 ID: 3ba1e7ed-9759-4f4e-ba0d-d71bbfe17d93 Company Name: Pitkin County, Colorado Dannette Logan Dannette.Logan@PitkinCounty.com Director of Human Resources Security Level: Email, Account Authentication (None)Using IP Address: 198.233.197.98 Sent: Oct-18-2017 Viewed: Oct-26-2017 Signed: Oct-26-2017 Electronic Record and Signature Disclosure: Accepted: Oct-26-2017 ID: 6a059c4a-bb18-4287-9035-a87f92912310 Company Name: Pitkin County, Colorado Aspen Valley Hospital KBates@aspenhospital.org RDN Security Level: Email, Account Authentication (None)Using IP Address: 107.1.179.254 Sent: Oct-18-2017 Viewed: Oct-18-2017 Signed: Oct-18-2017 Electronic Record and Signature Disclosure: Accepted: Oct-18-2017 ID: 1a607119-8911-4971-8af0-d3e6251909db Company Name: Pitkin County, Colorado In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carbon Copy Events Status Timestamp Jeanette Jones Jeanette.jones@pitkincounty.com BOCC Clerk Pitkin County Security Level: Email, Account Authentication (None) Sent: Oct-26-2017 Viewed: Oct-30-2017 Electronic Record and Signature Disclosure: Not Offered via DocuSign Procurement Mailbox procurement@pitkincounty.com Procurement Mailbox Pitkin County Security Level: Email, Account Authentication (None) Sent: Oct-26-2017 Resent: Oct-26-2017 Viewed: Oct-26-2017 Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted Oct-26-2017 Certified Delivered Security Checked Oct-26-2017 Signing Complete Security Checked Oct-26-2017 Completed Security Checked Oct-26-2017 Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide to you certain written notices or disclosures. 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