HomeMy WebLinkAboutbocc.con.017.2003CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
Originating Department/Division: ~-t~ o.n't {-~t
Contact Person: n~2>a_+ ]~,n_~h~.-~ C; o. ONTRACT
Phone #: e~;~0 - 5z.o,J
BOCC AGENDA ITEM (BOCC signature required)
STAFF AUTHORIZED SIGNATURE (as per Procurement Code)
Cheek'Contraet Type: Dollar Amount: o~cLta.
~. Services .3.50 pa~-
Maintenance
License/Use
Lease
Construction STAFF AUTHORIZED
Purchase SIGNATURE
Employment
Intergovernmental Agreement (Requires BOCC Action)
Non Profit
__.Quasi-Public
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
Contractor/Business (Complete Name): .f~ ~lb~: L~
Contract Start Date:_ ',[NI:, o5 Contract End'Date:
Automatic Renewal (Y/N):
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/Arehiving
Date: a. loJo,5
.4uthorizedt~taff 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.
pcj mj \ww\g\pro curement, committee\contract, checklist, do c
'OONTRACT # 0 /
Rev. 10/02/02
AGREEMENT FOR PROVISION OF SERVICES FOR
ADVERTISING IN THE ASPEN DAILY NEWS
THIS AGREEMENT FOR PROVISION OF SERVICES (the "Agreement") is mode and entered by end
between Pitkin County, Board of County Commissioners ("Pitkin County") and ASPEN DAILY NEWS, 517 EAST
HOPKINS, ASPEN, CO. 8!61! (hereinafter "Contractor").
1. Purpose. The purpose of this Agreement is to ADVER~SE IN THE DAILY NEW5 ON A
WEEKLY BASIS
2. Term. The term of this Agreement is from Jonunry 13, 2003 to Jon 13, 2006. At
the expiration of the initial term, the Agreement may be extended for ~n ~dditional term of up to
d~s by the express written consent o~ both parties.
3. Con.actor's Obliqations. CO~RA~OR 5HA~ RESERVE 5PACE ON PAGE 11 OF
THE ASPEN DAILY NEWS WEEKLY, THE 5~E OF THE SPACE VARYING DEPENDING ON
CO~ OF Ab FOE AN $3.50 PEE COLUMN INCH. P~ODUCE AD ON TEMPLATE PEOVZDEb
W~H A~EN~ON TO D~AZL AND ACCUEA~, MA~N~ BEST USE OF 5PAC~ BY
AD~SZN~ THE COUN~ HOW TO bO THZ5 ZN CHAEA~E~ W~H THE TEMPLATE.
PEOVZDE PEOOF5 THAT MUST BE APPEOVED BEFORE THE Ab MAY EUN. ME~ WHEN
N~¢ESSAEY TO DZSCU55 LAYOUT AND OTHE~ ~55UES.
4. ~ompensation and ~xpenses, ~nvoicinq and Payment, The Coun~ sh~ll pay the Cont~acto~
performance of services he~eunde~. Payment of invoices submitted by Cont~cto~ he~eunde~ is contingent upon
completion of each task to the s~tisfactio~ o( the County. ~nvoices shall itemize specific wo~k done to complete
the task, ~nd include ~eceipts ~or all ~eimbu~sable items. Wi?bin thirty (30) days of ~eceJpt of an invoice and
approval thereof as ~egui~ed he~eunde~, p~yment shall be made by the County. ~eimbu~s~bJe expenses
N/A may be billed on a monthl~ b~sis and will be paid within thmty (30) days of ~eceipt o( the invoice with
top-set o~ ~/A. [n no event shall the total cha~ges ~o~ services and ~e~mbu~sements exceed SZO,~ per
y6or. Zn the event th~ Contractor recurs tim8 and expenses above s~id amount, no compensation for sa~d
additional time ~nd ~xp~ses shall be eequmed to be paid by the County without written euthorization 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. IN ORDER TO MAINTAIN THE ADVER~5ZNG RATE OF
$3.50 PER COLUMN INCH, P~N COUNW AGREE5 TO ADVER~SE WEEKLY IN THE ASPEN DAILY
N~5 USING 5PACE NO 5~A~ER THAN ~O COLUMN5 X ]4 INCHES. Pitkin County shall admimst¢r
this Agreement through a County ~epresentative. PAT BINGHA~ will manage the project ~s the County's
R~presentativ~. Zn the event that PAT BZNGHA~ is not aveibble, NAN 5UNDEEN or someon~ she
designates shah assume the County R~presentative's duties. The serv,ces provided and products delivered by
the Contractor under this Agreement will be subject to review by the County's Representatives, or e designee,
for compliance herewith.
The rewew comments of the County's Representative may be reported in writing as needed to the Contractor.
To prevent ~n unr¢~onable delay in the Contractor's work, the County's R~presentative will endeavor to
examine all deliverable products end other documents and will accept same and ~uthoriz¢ payment or will
specify n¢cessa~ chenges within ten (t0) working aays of receipt of such documents.
~-3
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 pemCormance of
Contractor's obligations as determined by Pitkin County in its sole discretion, upon written notice to
Contractor os provided in Paragraph :1 ! herein. Tf PitkJn County cancels all advertising it m~y be subject
to back charges based on advertising bulk and volume to date. See Exhibit A, Aspen Daily News Bulk
Contract Rates.
8. Required Clauses. Pitkin County's Required Clauses, including provisions for insurance and
indemnification, are attached hereto ~nd 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 on 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 serwces 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 ~s not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
tO. Assiqnablility. This Agreement is not assignable by either party.
11. 5everability. Tf any clause, provision, subsection, Section or Article of the
Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality
or unenforceability of such clause, provision, subsection, Section or Article shall not affect any of
the remaining provisions of the Agreement.
Notice~ Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (I) hand delivery to the person at the address below; (2) delivery by
facsimile with confirmation of receipt to the fox 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
PAT B'TNGHAM
530 EAST N~A'rN ST 3~° FLOOR
ASPEN, COLORADO 8~.6!!
920-5198 FAX, 920-5204 PH
pal'b~co, pii'kin, co. us
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colonado 816]!
Fex: (970) 920-5198
b. To Contractor:
ASPEN bAlLY NEWS
517 EAST HOPIC~NS
ASPEN, COLORADO 816!1
920-2118 fax
13. Modification. This Agreement may only be modified by written agreement of both parties
hereto. Any modifications hereof ore subject to the requirements of the Pitkin County Procurement Code and
the Required Clauses attached hereto.
IN WITNE55 WHEREOF, the parties have executed this Agreement as of the date first set out herein above.
CONT'~ACTO!.~:
Date
PITKIN COUNTY:
Director, Communil-y ~elations
I
IF A NON- STANDARD CONTP, ACT ADD:
APPROVED AS TO FOI~M:
John ~lv County Dote Kms ~Tewke~, ~isk'Monagement Dote
Revised 2/26/02
I~EQUIP. ED CLAUSES
For purposes of these P. equired Clauses, "Contractor" means ASPEN DAI:L¥ NIz-'t/V5
Contractor shall be subject to the following provisions:
1. CO/~PLZANCE WZTH P!~OtURE/~ENT CODE AND APPLICABLE STATE CONTRACTZNC- 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 Charier, Ordinance #
00-18. approved April 26, 2000). AS such, the Contractor agrees to compiy with oil requirements of said
Procurement Code, and such requirements ore incorporated herein by this reference.
B. The Contractor shall immediately notify the County Manager in writing of any viobtion 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 shal} be considered o 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 ~s ~ 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. WA~AN'I-ZE5 AF~A~.NST CONTINF~ENT FEES, ¢~ATU]:TZE$, K]JCKBACK$ AND CONFL~.CT OF
rNTE~EST
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 commiss on, percentage, brokerage, or contingent fee, exceptin9 bona fide employees or bono fide
established commercial or selling ogenoes maintained by the Contractor for the purpose of securing
business.
g. C-fatuities 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, recommender on, preparation of any part of a program requirement or o purchase request,
influencing the content of any specification or procurement Standard, rendering of advice, investigat on,
auditing, or m any other advisor,/ capacity in any proceeding or application, request for ruling,
determinat on, claim or controversy, or other particular matter, pertaining to this Agreement or to any
solicitation or proposal therefor. '
C. C-ratuity means a payment, loan, subscript on, advance deposit of money, services, or anything of
more than nominal value, present or promised, unless consideration of substontioliy equal or greater
value is received.
b. Kickbacks Prohibited. Tt shall be o breach of Agreement for any pcryment, gratuity, or offer of
employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or
higher t,er subcontractor or any person associated therewith, os an inducement for the award of o
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,
,n this Contract or the proceeds thereof. (Additional restrictions on present and former employees of
County ore found in Article 7 of the Procurement Code).
F. Dub-Contract Clause. The prohibitions against contingent fees, gratuities, kickbacks and conflict
of interest prescribed in this Agreement shall be mode o condition of and conspicuously set forth in
every sub-contract and solicitation therefor.
~. Conspicuously means written in such special or distinctive format, print, or manner that
reasonable person against whom it is to operate ought to have noticed it.
H. !~emedies. In addition to other remedies it may have for breach of the prohibitions
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 cat, Adoration, or otherwise recover, the value of anything
transferred or received by the Contractor; and
(4) I:;teaover such value from the other offending parties.
EQUAL EMPLOYMENT OPPORTUNITY AND DIDADVANTA~ED/MINORITY/WON~EN BUDINE55
ENTERPI~]~DE$ (Dt~E/MBE/WBE)
A. Pursuant to local, state and/or federai anti-discrimination and affirmative action programs,
contractor shall meet all applicable requmements with respect to employment and subcontracting in
connection with Disadvantages/Minority/Women individuals and enterprises (DfltE/I~BE/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.
C. In connection with the performance of this Agreement, the ContrQctor will cooperate with the
County in meeting the County's commitments and goais 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.
b. The Contractor wail furnish ali necessaW 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 Dote and Affirmative Action Plan. Tf 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 prowsions of any resultant contract, Pitkin County shall impose such contract
sanctions o~ it may determine to be appropriate, including, but not limited to:
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. TERMZNAq-~ON FOR DEF,~ULT OR FOR CONVENZENCE OF COUN~
~. In addition to the right of cancellation referenced in P~aDraph 7 of the Agreement, the
pz~ormance of work under the Agreement m~ be terminated by Pitkin
Whenever the Contractor shall defauit in p~rformance of this Agreement in accordanc~ with its
terms, ~nd fails to cur~ or show c~us~ why such failure to perform should be excused within ten
([0) d~s (or longer ~ the Coun~ m~ atlow or shorter, but not less than three (3) d~s, for
failure to provide proof of insurance or maintenance of ~ny dangerous condition) after hand-
deliver, facsimile or mailing to the Contractor of ~ notice specifying the default ~ provided in
P~agraph ll of the
~e Contractor sha~l not b~ in defautt by r¢~ons of any f~ilure in p~rformanc~ of this
M~menT in ~ccordance with its t~rms if such faiture ~is~ out of c~ beyond the control
~d without the fault or negligence of the Contractor. Such causes may include, but are not
r~tricted to, acts of ~d, natural dis~ters, strikes, or freight emb~goes, but in
th~ failur~ to perform must be beyond the control and without the fault or negligence of the
Contractor. Upon r~qu~t of th~ Contractor, the County shall ascertain the facts end feilur~
and, if the Coun~ shell determine that any failure to perform constituted a vatid commercial
~cuse, the performance shall be revised accordingly ~nd notice of defauff withdrawn; or
(2) Whenever for any re,on and in its sate discretion the Coun~ shall determine that such
termination is in i,s best interest and convenience.
~tice of Termination. In the event of termination, the Coun~ shall deliver ¢o the Contractor
written notice of termination, specifying the re~ons therefor, and the effective date of such
termination. The effective date shall no~ be earlier than the date of hand-delivew, facsimile or the
date of mailing of ¢he no¢ice, ~ provided in Paragraph i1 of the ~9reement.
C. Termination Procedure. ~fter th~ effective date of the notice of cancellation, termination for
default or for the convenience of the CounW unless otherwise directed by ¢he CounW, the Contractor
shall: '
(1) 5top work under the Agreement on the date specified in the notice of termination.
(2) Place no further orders for materials, services or facilities.
Terminate oil orders and subcontractors to the extent that they relate ¢a the performance of
work terminated by the notice of termination.
(4) With the approval or ratification of the County, settle all outstanding liabilities and oil claims
arising out of such termination on orders or subcontracts, the cost of which woutd be
compensable or reimbursable in whole or in part in accordance with this Agreement.
J~/
b. 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 o final
invoice in accordance with the prowsions m "Method of Payment," including costs incurred to the date
of term nation, and costs incurred because of term n~tion, which ~ermmation costs sh~lt not exceed 10%
of the ~ot~l ~moun~ of proposal; provided, however, that in the event of defaul~ by the Contractor, no
e~r= costs incurred because of termm~$ion shall be p~id ~o the Contractor ~nd ~ny cos~s paid sh¢ll not
be a waver of any ciasa, counterclaim or s~-off by ~he CounW ogmns$ th¢ Contractor on ~ccoun/of any
default. Such claim muse,be submi$Ted promptly, but m no event Jater thon thirW (30) days from the
effective dote of term n~tion, unless one or more ~tensions are granted in writmD by the Count. Upon
the Contractor's f~ilur¢ to submit ~ claim in Th~ time ~liowed, ~h¢ CounW m~ review the information
awilable to it and determine the amount due the Contractor if any, and pay the Contractor the amount
~ determined. '
Termination Settlement. Subject to Paragraph 4.b., the Contractor and County may negotiate
the whote or any part of the amount or amounts to be paid, if any, upon canoe at on, termination for
default or for the convenience of the County.
F. P. emedies. The Contractor shall have the right of appeal from any determination mode 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.b., above, and has
foiled to properly request extension, he shall have no such right of appeal, tn any case where the
County has mode 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 Jf no
timely appeal has been token, or (2) the amount finotly determined on such appeal if an appeal has been
taken.
Method of Appeal. ]]f the Contractor disagrees with the County's determination under
Paragraphs 4.D. 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 shah 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. TNTEGP. AT~ON AND MODT. FT. CA T'rZON
A. The Agreement constitutes the fuji 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 amp oyee, other than the Board of County Commissioners acting ~s a body at a Board meeting,
has authority to enter into o 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. INDEMN[TY
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 liabiii~ for any claim, demand, loss, damage, pen~t~, judgment, expense, costs (inciudin9 costs
of inv~tigatio~ and defense), fe~ (including reportable attorney and expert witness fe~) or
competition in any form or kind whatsoever for any bodily injuw, death, personal inju~ or proper~
d~og¢ ~isin9 out of or in,connection with any negligent oct, intentional oct, error or omission by the
Contractor, and for o~ consequential liabili~ all,ed to accrue ogoi~t the Coun~ on accoun¢ of the
Contractor's acts, errors or omission; provided, however, ¢hat such indemni~ sholl not be construed ~
on ind~mni~ for bodily inju~ or proper~ damage arising from the sole negligence of ¢he Coun~ or its
¢mploye~.
B. The Contractor further sh~ll inv~tigote' process, respond to, od just, provide defense for and
defend, p~ or sgWle oil claims, demands, or towsui*s related hereto ~¢ its sole expense and shall be~
oil other costs and ~pe~es rei~ted thereto, even if the claim, demand or bwsuit is 9roundl~s, false or
froudulen*.
7. zNsu ANcE- N/A
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 ticensed in the State of Colorado,
as will protect itself, the County and others as specified, from claims for bodily injuries, de~th,
personal injury or property damage, which may ~rise out of or resul¢ from the Contractor's ~c¢s, errors
or omissions. ~ following insuronc~ coverage, at or above the limits indicated and includm9 such
endorsements ~ are indicated by an "X", ~re required:
(1) Stotutow Workers' Compensation: Colorado s*otu¢o~ minimums
(2) Commercial ~nerol Li~bili~ - [SO 1998 Form or equivoJen*
(Coun~ named odditionol insured)
Comprehensive Form (AIl risks) to include (pioce X by ~pplicoble provisions):
_ Praise/Operations
Underground, Explosion & ~ollapse Hoz~d
__ Produc*s/Completed Opero¢ions
__ Contractual Liobiti~
__ Independent Contractors and Subcontractors
Brood Form Proper~ Damage
___ Personol Znjuw
Busings Auto Coverage: N/A
Combined Single Limit Liability (each accident)
Coverage to include (place X by applicable provisions):
__ Any Auto
All Owned Autos
~ Hired Autos
~ Non-Owned Autos
ITI-IO
Liability
(4) Special Coverages (check os appropriate and insert amount): N/A
(t) Performance Bond
L~bor and Material
Payment Bond
(?) Professional Errors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(§) Builder's Risk amount of project
(6) Boiler and Mochine~
(7) Loss of Use Z~urance
~ (8) Pollution LiobiJi~
(~) Crime, including Employee bishones~ Coverage, or
Fideli~ Bond
E'CZDENCE OF INSURANCE SHOULD BE SENT TO: N/A
Pitkin County Risk Management
C/o
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 operations affecting the County, Fcilure to
file or maintain acceptable Certificates of Insurance with the County ~s agreed to be ~ material breach
of any contract and grounds for rescission or termination. These Certificates of Insurance shall
contain a provision that coverage afforded under the poiicies ~ill not be canceled or materially offered
units at Jest thirty (30) calendar days pmor written notice by certified moil, return receipt requested
(effective upon proper moiling), h~ been sent to the Coun~ (through the ~oun~'s Risk Dep~tmen¢),
(For pur~s~ of this provision, "materially altered" shall mean ~ change affecting the coverages
required herein, including o change to policy limits ~ set out in the then-current policy declarations
Simultaneously with the Certificates of Insurance, the Contractor shall file with the Count's Risk
De.truant (and promptly update, ~ necessa~) a certified statement ~ to claims pending ~g~i~t the
required coverage, reserves established on ~ccount of such claims, defense costs expended and
amounts rem~inin9 on policy limits,
C. ~n addition, these Certificates of Znsurance shah contain the following clause:
(l) The clause "other mnsuronce provisions," in o policy in which the Coun~ of Pitkin holds o
Certificate, shall not ~pply to the Coun~ of Pitkin.
(2) ~e insurance componi~ issuing the poli~ or polici~ hereunder shall how no recourse against
the Coun~ of Pitkin for p~ment of ~ny premiums or for ~s~sments under ~ny form of polio.
(3) Any and all deductibles in the above-described insurance policies shatl be assumed by and be for
the amount of, and at the sole expense of the Contractor.
(4) Location of operations shall be: "oil operations and locations at which work for the referenced
Project is being done."
D. Certificates of ]:nsurance for all renewoi policies shall be delivered to the County's
Representative at least fifteen (i5) days prior to o policy's expiration date except for any policy
expiring on the expiration date of this Agreement or thereafter.
E. The County reserves the eight to request and receive o copy of any policy and any policy
endorsement.
8. EXE/~P]-~ON5 AND PREFERENCE5
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-§K.
B. Pursuant to state statute and to the extent permitted by Iow, Colorado labor shall be employed
to pea'form the work to the extent of not lass 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.5.43-2-208, which
provides that oil laborers shall be bono 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 Iow, to: materials, supplies and provisions
produced, manufactured or grown in Co orodo quality being at least equal to materials, supplies and
provisions from outside the state; and to local (Roaring Fork Valley) services and lobar of quality at
least equal to non-local services and labor.
g. RECORDS
The Contractor shall maintain comprehensive, complete and accurate books, records, and documents
concerning its performance relating to this Agreement for o period of three (3) years after final
p~zyment 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 determ ning, by accepted accounting and auditing standards,
compliance with all provisions of the Agreement and applicable law.
10. THIRD PART, E5
This Agreement does not and shall not be deemed or construed to confer upon or grant to any third
p~rty or p~ties, except to p~ties to whom Contractor or CounW m~ ~sign this Agreement
accordance with the specific written perm~ss on, any rights to claim d~magas or to bring any su~t, action
or other proceeding a~amst either the CounW or Contractor because of any breech hereof or because
of any of the terms, covenants, ~greements or conditions herein contained.
11. A~EE~ENT ~ADE [N COLORADO
~ p~¢ies ~p~ that this Agreement w~ made in accordance with the I~ws of the
and ~h~lJ b~ so co~u~, V~u~ i~ agreed to be ~xdusive¥ in Th~ cou~Zz of Pitkin
J.2. A'I'q'ORNEY' 5 FEE5
In the event that legal action is necessary to enforce any of the provisions of this Agreement, the
prevailing p~rty shall be entitled to its costs and reasonable attorney's fees.
t3. GOVERNMENTAL ZMMt. JN]'TY
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 $1§0,000.00 per person
and $600,000 per occurrence) or any other rights, immunities, and protections provided by the
Colorado Governmental ]:mmunity Act, 24-[0-[01, et. seq., C.R.$., 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 in,iury 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.
[4. CURRENT YEAR OBLZGA'F[ON$
The parties acknowledge and agree that any payments provided for hereunder or
requirements for future appropriations shall constitute only currently budgeted ~xpenditures
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 m 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 then current fiscal year. No prowsions 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 PJtkin County's bonds or any obligations
payable from any class or source of Pitkin County's money.
~ 517 East Hopkins, Aspen, CO 816~2.. (970) 925-2220 . Fax (970) 920-2218
Rate Per Column Inch $640
:; ,, Minimum Number of Column Inches -,
$600 · 4 wks. 12~Wks. 26 Wks."
55.45 8~" 252
420"
$4,90 105" 315" 504"
$'~35 210" 6~" 1008"
50~" 1407" 20t6"
Ear.standby ]'ares by running a minimum of two eighth pages per Week or the equivalent inches.
We clmose rlae days of the week the ads ~n.
~:~ :~': ;~:~{ , 4 WEEX 55.75 per column inch
;,,,9 ~I,;~*, :~5 ~ 12 WEEI< $120.75 per week
~ $5.20~per column inch 5i09.20 per week
26 WEE/( 54.65 per column inch $97.65 per week
Earn rates be/ow dee butk cona'act rates when 7ou sign up Eot a seasonal package. You receive three eighth
pages per week ordae equivalent inches (31.5,,) by running ~5 consecutive weeks in summer or 2~ in *~nrer.
SEASONAL STAND-By CONTRACT SEASONAL "PICKY" CONTRAC~
We choose the day cE i:he week your ads run ~bu choose tlae days your ads run
5'[.50 per column inch /$14L75 per week $500 per cohmn tach /$15750 per week
~ $85 /! D00.per inseraon
~reprims must be delivered [o the pressroom at the Mid-"&lley Design Center (0072 Sunset Dr ve Basak) ar [cast three days prior to
msemon dee. Please calL. ti~e main office to coordinate delivery, (970) 925-2220 '
15~additional ro tbe cost of the ad. Placamen~ g~ven on first Come,/ii'si serve basis,
Check with yom advert/sing represemative/or availabflw, z
required for political ads. Non-Prql~r: $435 per column indb. Political: $5.15 per column inch. Advance payment
~ Original cypesettin u
rely ~ews will be no [ess tiaa,, s:gq n~° ~ ,-: nspen Dmty News. Use ~r .. uded in the pr~ o[adverdsinv :~
........ Copy Changes $2 O0 cd- . ~, an ac m another publicatfo~ ~- ~o -race,
color is an additional $150. Spot Color C~arges vary with P o s ..~ ar[wont are $5 00 eec~ '~ y he
' , ~ns Ct n~tos o~o a~ , ', ~ugmally produced b
m,e of ad & pressrun, CalI the adverasmg department [or co'or rates.
Tuesda}, Previous Thursday at 5pm Friday '
Wednesday , Prevmus Friday a[ 5pm Saiurday Previous Wednesday,ai 5pm
Thursday Previous Monday at 5pm Sunday Previous Thursday at 5pm
Previous Tuesday at 5pm
Previous ~hursday at 5pm
EACH PAGE 1S 62 PICAS WIDE BY 83 LONG (10 1/~ b), 13 3/~inches) · GUTTERSARE 1 PICA.
1 Column width 9 1/2 picas ~ 1 9/16 inches ~ Column width....~ ............. ~1 picas X 6 13/16. inches
2 Column width ..... 20 picas X 3 5/16 inches 5 Colnmn width ................. 51 1/2 picas X 8 1/2 inches
3 Column width ~ .30 1/2 picas X 5 1/16 inches 6 Coloron width ................ 62 picas X l0 1/4 inches
Four color process available, 85 line screen, right reading emu/sion ~ide down. Gray screens no more than 20%, PMS color available.
' 15 words, $.20 for each addi0o ~aJ '~ord ~d ' '
- ~ ,,s above display rates and ~--,~ .... ~uay ~or Saturday a ~ct