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HomeMy WebLinkAboutbocc.con.091.2003 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOg SCANNING/ARCHIVING Originating Department/Division: Information Systems/GIS Contact Person: Mary Lackner, GIS Manager Phone #: 920-5106 /~/~ BOCC AGENDA ITEM (BOCC signature required) 0003 ,/',~je'c/ he~-ck C STAFF AUTHORIZED SIGNATURE (as per Procurement Code) ontract Type: Dollar Amount:$/'~3, ~ ~? ?' oo Jr' Services Maintenance License/Use Lease Construction (~O~i~O'l' lf/~ Purchase Employment Intergovernmental Agreement (Requires BOCC Action) Non Profit Quasi-Public Grant Agreements (Requires BOCC Action) Other Signatures Required: Under 25K - Department Head 25-50K - Department Head (if appropriate), Section Leader Over 50 K- Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Co.mplete Name): Contract Start Date: ,:?/o~_/05 Contract End Date: Automatic Renewal (Y/N): A/ AllContracts should be proofed for the following: · No Pages Missing · If a Page is Left Intentionally Blank - Note on Page Page numbered consecutively'./ · All Signatures Affixed · All Dates Filled In · All Other Blanks Filled In · All Exhibits Attached · All Legal Descriptions Attached (if appropriate) · Notice of Award/Proceed Attached (if appropriate) Sent to Clerk ~nd Recorder for Scanning/Archiving Date: H/$/03 . Au~h6ri~/d S~aff 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\scannning\county contractsLnarrative\checklistsheet NO'FT. CE TO PROCEED DATE: March 26, 2003 TO: Sanborn 1935 .Tamboree Dr Colorado Springs, CO 80920 FROM: Pitkin County- GZS Mary Lackner 130 S Galena Aspen CO 81611 You are hereby authorized to proceed on March 25, 2003 or within ten (10) consecutive calendar day thereafter, with the work covered by the Contract Documents titled: GZS Mappinq Project: Diqital Orthophotoqraphy for the sum of One hundred thirty three tho,_,~-nd six hundred twenty seven dollars ($133,627.00) GZS Manager NOTICE OF AWARD Date: March 12, 2003 TO: Sanborn 1935 ,Tamboree Dr Colorado Springs, CO 80920 The Owner, having duly considered the Proposal submitted on February 14, 2003, for the work covered by the Contract Document titled _GIS Mappinq Project: Digital Orthophotography, in the amount of $133,627.00 , and it appearing that the Price and other information in you RFP is fair, equitable and to the best interest of the Owner, the offer of selected products in your RFP is hereby accepted. The following options have been selected by Pitkin County: Primary Flyover of approximately 272 sq. miles 1" = 1,500' photo scale, one foot pixel, color $80,700 DTM and generation of ten foot contours $36,000 Redstone Metro Area 1" = 600' photo scale, six inch pixel, color $6,500 Two Foot contour generation $5,500 Landfill Area 1" = 600' photo scale, six inch pixel, color, 2 ff $3,798 contours volumetric calculations * $1,129 this is still an optional product that has not been decided upon. $133,627 In accordance with the terms of the Contract Documents, you are required ,o execute the Agreement in three copies within ten (10) consecutive days from and including the date of this Notice of Award. In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance with the requirement for insurance os stated in the Contract Documents to: City of Aspen- Pitkin County Mary Lackner 130 S Galena Aspen, CO 81611 970-920-§197 FAX PZTKTN COUNTY :::::==::::::==:==:=:==::::=::=ACCEPTANCE OF NOT'~¢IZ:=::::::::===::=:=:==:==::= Receipt of the obove Notice of Awt~rd is hereby acknowledged By: , this 3/day of~X~_-, 2003. STAFF AUTHORIZED SIGNATURE CONTRACT 3 PITKIN COUNTY INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made and entered into this IZ day of~r, 20 O_._~ by and between Pitkin County, Board of County Commissioners ("Pitkin Co--unty") and Sanborn Colorado, LLC (hereinafter "Contractor"). !. Purpose. The purpose of this Agreement is for the acquisition of aerial photography for approximately 272 sq. miles of Pitkin County including the Crystal River Valley, the Roaring Fork Valley and it's tributaries, and the Meredith/Thomasville area and to generate digital orthophotographs of these areas. 2. Term. The term of this Agreement is from March 12, 2003 to August 29, 2003. At the expiration of the initial term, the Agreement may be extended for an additional term of six weeks by the express written consent of both parties. 3. Contractor's Obligations. Contractor shall: a. Comply with the requirements set forth in the RFP dated .*Ianuary 23, 2003. b. Comply with the requirements in Contractor's Proposal dated February 14, 2003. c. 4. Pitkin County's Obligations. Pitkin County shall: a. Comply withtherequirementssetforthinthe RFP datedJanuary 23,2003. b. Comply with the requirements in Contractor's Proposal datpd February 14, 2003. C. 6. Cancellation. Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of Contractor's obligations as determined by Pitkin County in its sole discretion, upon written notice to Contractor. 7. Required Clauses. Pitkin County's Required Clauses, including provisions for insurance and indemnification, are attached hereto and incorporated by this reference. 8. .Independent Contractor Status. a. The parties to thins Agreement intend that the relationship between them contemplated by the Agreement is that of independent contractor. Contractor, and any agent, employee, or servant of contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. b. Contractor is not required to offer his services exclusively to Pitkin County under this Agreement. Contractor may choose to work for other individuals or entities during the term of this Agreement, provided that the basic services and deliverable products required under this Agreement are submitted in the manner and on the schedule defined under this Agreement. c. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this Agreement. d. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Agreement. e. Contractor is not entitled to any Workman's Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 9. Assignablility. This agreement is not assignable by either party. * 10. Pitkin County's obligations under this contract are contingent upon no successful appeals of the procurement process. 11. Notice. Any written notice required by this Agreement shall be hand delivered, faxed or sent first class mail, postage prepaid as follows: a. To Pitkin County: Mary Lackner GIS Manager City of Aspen/Pitkin County City Hall 130 S. Galena Aspen, CO 81611 b. To Contractor: B. Craig McDaniel Vice President Sanborn Colorado, LLC 1935 Jamboree Drive, Suite 100 Colorado Springs, CO 80920 REQUIRED CLAUSES For purposes o£these required clauses, "Contractor" means the bidder/proposer or other party who may eventually enter into a contract with the County. The Bidder/Proposer shall be subject to the following provisions: 1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING LAW A. The contractor acknowledges that this Agreement is entered into subject to the requirements of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter, Resolution No. 82-37, April 12, 1982). As such, the Contractor agrees to comply with all requirements of said Procurement Code, and such requirements are incorporated herein by this reference. B. The Contractor shall immediately notify the County Manager in writing of any violation of said Code or statutes by the County's employees or agents, which violation(s) is known or should have been known by him, and failure to so notify the County of any violation(s) within five (5) days of knowledge of such violations shall be considered a breach of this Agreement. Further, such failure to notify the County of violation of the Procurement Code or statutes within five (5) days of knowledge shall be deemed as a waiver of any action or defense that the Contractor may have against the County by reason of such violation of the Procurement Code or statutes. 2. WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS z~ND CONFLICT Ol' INTEREST A. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. B. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee of Pitkin County a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Contract or Subcontract, or to any solicitation or proposal therefor. C. Gratuity means a payment, loan, subscription, advance deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. D. Kickbacks Prohibited. It shall be a breach of Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract 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 Contract or one (1) year there,,~fter shall have any interest, direct or indirect, in this Contract or the proceeds thereofi (Additional restrictions on present and former employees of County are found in Article 7 of the Procurement Code). F. Sub-Contract Clause The prohibitions against contingent fees, gratuities, kickbacks and conflict of interest prescribed in this Contract shall be made a condition of and conspicuously set forth in every sub-contract and solicitation therefor. G. Conspicuously means written in such special or distinctive format, print, or manner that a reasonable person against whom it is to operate ought to have noticed it. H. Remedies. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the County shall have the right to: (1) Terminate this Contract without liability by the County; (2) Debar or suspend the offending pa~ties from being a contractor or sub-contractor under County contracts; (3) Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Contractor; and (4) Recover such value from the other offending parties. 3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISES (DBE/MBE/WBE) A. Pursuant to local, state and/or federal anti-discrimination and affirmative action programs, contractor shall meet all applicable requirements with respect to employment and subcontracting in connection with Disadvantages/Minority/Women individuals and enterprises (DME/MBE/WBE). B. In connection with the execution and administration of this Contract, 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 Contract, the Contractor will cooperate with the County in meeting the County's commitments and goals with regard to the maximum utilization of disadvantaged, minority and women business enterprises and will use its best efforts to ensure that such business enterprises shall have the maximum practicable opportunity to compete for employment and/or subcontract work, if any, under this Contract. D. The Contractor will furnish all necessary information and reports and will permit access to its books, records, and accounts by Pitkin County for purpose of investigation to ascertain compliance with the nondiscrimination/affirmative action provisions of any resultant contract. E. Employment Data and Affirmative Action Plan. If requested, the Contractor agrees to submit on an Employment Data Form to be provided by the County, the data showing the utilization of disadvantaged persons, minorities and women by job category within its organization. Where the Contractor has fifty (50) or more employees or it is participating in contracts with the County which exceed Fifty-Thousand ($50,000.00) Dollars, an Affirmative Action Plan must be submitted to the County when requested by the County Attorney's Office within ten (10) days after selection. F. Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination/affirmative action provisions of any resultant contract, Pitkin County shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: (1) Withholding of pay_~,nents under the Contract until the Contractor complies, and/or (2) Cancellation, termination, or suspension of the Contract, in whole or in part. 4. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COU'NTY A. The performance of work under the Contract may be terminated by the County: (1) Whenever the Contractor shall default in performance of this Contract in accordance with its terms, and fails to cure or show cause why such failure to perform should be excused within ten (10) days (or longer as the County may allow or shorter, but not less than three (3) days, for failure to provide proof of insurance or maintenance of any dangerous condition) after hand-delivery or mailing to the Contractor of a notice specifying the default. If mailed, said notice shall be sent by certified mail, return receipt requested, to the address specified herein for the Contractor. The Contractor shall not be in default by reasons of any failure in performance of this Contract in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God, natural disasters, strikes, or freight embargoes, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Upon request of the Contractor, the County shall ascertain the facts and failure, and, if the County shall determine that any failure to perform constituted a valid commercial excuse, the performance shall be revised accordingly and notice of default withdrawn; or (2) Whenever for any reason and in its sole discretion the County shall determine that such termination is in its best interest and convenience. B. Notice of Termination. In the event of termination for the convenience of the County, the County shall deliver to the Contractor a written notice of termination, specil~'ing the reasons therefor, and the effective date of such termination. The effective date shall not be earlier than the date of hand-delivery or the date of mailing of the notice, plus three (3) business days. The notice of termination shall be sent regular first-class mail to the address of the Contractor herein provided. C. Termination Procedure. After the effective date of the notice of termination for default or for the convenience of the County, unless otherwise directed by the County, the Contractor shall: (l) Stop work under the Contract on the date specified in the notice of termination. (2) Place no further orders for materials, services or facilities. (3) Terminate all orders and subcontractors to the extent that they relate to the performance of work terminated by the notice of termination. (4) With the approval or ratification of the County, settle all outstanding liabilities and all claims arising out of such termination on orders or subcontracts, the cost of which would be compensable or reimbursable in whole or in part in accordance with this Contract. D. Termination Payment. After the effective date ora notice of termination for the convenience of the County, the Contractor shall submit to the County his termination claim in the form of a final invoice in accordance with the provisions in "Method of Payment," including costs incurred to the date of termination, and costs Incurred because of termination which termination cos s I o · ' ' , ' ' ' t shal not exceed 10% of the total amount of proposal; provided, however, that in the event of default by the Contractor, no extra costs incurred because of termination shall be paid to the Contractor and any costs paid shall not be a waiver of any claim, counter- claim or set-off by the County against the Contractor on account of any default. Such claim must be submitted promptly, but in no event later than thirty (30) days from the effective date of termination, unless one or more extensions are granted in ~writing by the County. Upon the Contractor's failure to submit a claim in the time allowed, the County may review the information available to it and determine the amount due the Contractor, if any, and pay the Contractor the amount as determined. 5 E. Termination Settlement. Subject to Paragraph 4.D., the Contractor and County may negotiate the whole or any part of the amount or amounts to be paid, upon termination for default or for the convenience of the County. F. Remedies. The Contractor shall have the right of appeal fi.om any determination made by the County under erm nat~on for Default or for Convenience of County;" except that if the Contractor has failed to submit his claim within the time provided in Paragraph 4.D., above, and has failed to properly request extension, he shall have no such fight of appeal. In any case where the County has made a determination of the amount due under Paragraphs 4.D. or 4.E., above, the County shall pay the Contractor: (1) the amount the County has determined if there is no right to appeal or if no timely appeal has been taken, or (2) the amount finally determined on such appeal if an appeal has been taken. G. Method of Appeal. If the Contractor disagrees with the County's determination under Paragraphs 4.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 shall be final and conclusive unless within thirty (30) days from the date of receipt of such response the Contractor submits the dispute to a court of competent jurisdiction or submits a demand for arbitration if required by the Contract Documents. 5. INTEGRATION AND MODIFICATION A. This Contract constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, the Contractor understands that unless the contract is for goods or services of a value less than :$25,000, no County official or employee, other than the Board of County Commissioners acting as a body at a Board meeting, has authority to enter into a contract or to modify the terms of this contract on behalf of the County. Any such contract or modification to this con- tract must be in writing and be executed by the parties hereto. B. With respect to change orders under the Contract, the County and the Contractor shall process and approve/disapprove requests for change orders as otherwise provided in this Contract, subject to the requirements of the Procurement Code and the Finance Office. 6. INDEMNITY A. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representa- tives, 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), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omissions; provided, how- ever, that such indemnity shall not be construed as an indemnity for bodily injury or properly damage arising fi.om 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 bear all other costs and ex- penses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 7. INSURANCE A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies, fi.om companies licensed in the State of Colorado, as will protect itself, the County (with the County named as additional insured) and others as specified, from claims for bodily injuries, death, personal injury or property damage, wh. ici:, may arise out of or result fi.om the Contractor's 6 acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: (1) Statutory Worker's Compensation: Colorado statutory minimums (2) Commercial General Liability - ISO 1996 Form or equivalent Each Occurrence Limit ' 1,000,000 General Aggregate Limit 2,000,000 Products/Completed Operations Aggregate Limit 2,000,000 Comprehensive Form (All risks) to include: X Premises/Operations Underground, Explosion & Collapse Hazard X Products/Completed Operations .XContractual Liability Independent Contractors and Subcontractors (seperate certificate, if used) X Broad Form Property Damage _X Personal Injury (3) Business Auto Coverage: Combined Single Limit Liability (each accident) 1,000,000 Coverage to include: _X Any Auto ~ All Owned Autos Hired Autos _ Non-Owned Autos _ Garage Liability (4) Special Coverage's (check as appropriate): (1) Performance Bond Labor and Material Payment Bond (2) Profess onal Errors and Omissions _X (3) Aircrat~ Liability $5,000,000 limit required for contractor or subcontractor; also, County must be additional insured on contractor or subcontractor's policy (4) Owner's Protective (5) Builder's Pdsk .a. mount of proiect __.(6) Boiler and Machinery (7) Loss of Use Insurance ($) Pollution Liability .. (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. To provide evidence of the required insurance coverage's, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County (through the Project Manager) no later than ten (10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain accept- able Certificates of Insurance with the County is agreed to be a material breach of any contract and grounds for rescission or termination. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County (through the Project Manager). (For purposes of this provision, ' ' ,, mater ally 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 County (and promptly update, as necessary) a certified statement as to claims pending against the required coverage's, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. C. In addition, these Certificates of Insurance shall contain the following clauses: (1) The clause 'other nsurance prov sons," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. (2) The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. (3) Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. (4) Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." D. Certificates of Insurance for all renewal policies shall be delivered to the Project Manager at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or thereafter. E. The County reserves the right to request and receive a copy of any policy and any policy' endorsement. 8. _EXEMPTIONS AND PREFERENCES A. All purchases of construction or building or any other materials for any Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt fi.om such taxes under registration numbers 98-02624 and 84-78000-5K. B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type or class of labor employed on such project; except for highway construction, which is subject to C.R.S. 43-2-208, which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the work is performed. C. Preference is given, to the extent permitted by law, to: materials, supplies and provisions produced, manufactured or grovm in Colorado, quality being at least equal to materials, supplies and provisions from outside the state; and to local (Roaring Fork Valley) services and labor of quality at least equal to non-local services and labor. 9. RECORDS The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Project for a period of three (3) years after final payment on the Project and the County shall have the right within the three-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 ali provisions of the Contract and applicable law. 10. SUCCESSORS AND ASSIGNS This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the County and the Contractor respectively and their agents, repre~se~:.',atives, employees, successors, assigns and legal 8 representatives. Neither the County nor the Contractor shall have the right to assign or transfer its interest or obligations hereunder without the written consent of the other party, which consent shall not be unreasonably withheld. l 1. THIRD PARTIES This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Contractor or County may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the County or Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 12. AGREEMENT MADE IN COLORADO The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 13. ..ATTORNEY'S FEES In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 14. .NOTICES ~ Unless otherwise provided in the Contract Documents, all notices under the Agreement shall be sent certified mail, return receipt requested, and shall be effective upon receipt or three (3) business days at~er mailing, whichever is first. 15. _Governmental Immunity Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et. seq., C.R.S., as fi.om 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 any other Contract Document 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. 16. Current Year Obligations The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this Agreement are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of this agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of this agreement shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin Coumy 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 provisions of this agreement shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this agreement restrict the future issuance of Pitkin County's bonds or any obligations p yable from any claS~ or source of Pitkin County's money. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first written above. CONTRACTOR: MANAGER APPROVAL: /~c¢ ~e 5/,~--/~-~ ' (Title) ~,uaZyS~nager ~' BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM: OF PITKIN COUNTY, COLORADO BOC(~; Chairperson g~/'a,~ ~'t.t.~i~,l County Attorney Date: Recommend for Approval: Recommend for Approval: Tom Oken, er, Administrative Services Director GIS Manager Contract doc MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOBE PROVIDED IN THE 601 Men*itt 7 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Nonvalk, CT 06856-6010 AFFORDED BY THE POLICIES DESCRIBED HEREIN, COMPANIES AFFORDING COVERAGE 795005-Sanbo-- COMPANY A GREAT NORTHERN INSURANCE COMPANY Sanborn Colorado LLC COMPANY 1935 Jamboree Drive B FEDERAL INSURANCE COMPANY Colorado Springs, CO 80920 COMPANY C CHUBB INSURANCE COMPANY OF NEW JERSEY D N/A co DATE (MMIDD/Y¥ DATE (MMIDD/YY) LIMITS A GENERAL LIABILITY 35781806 10/01/02 10/01/03 X COMMERCIAL GENERAL LIABILI"P GENERAL AGGREGAT~ $ 2,000,000 :: CLA,MGMADE OCCUR PRODUCTS-COMP,OP^OG $ 2,000,000 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ Included in Limib B AUTOMOBILE LIABILITY 74968724 10/01/02 10/01/03 MED EXP (Any one persont $ 10,000 X I ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000 C EXCESS LIABILITY 79813644 AGGREGATE $ OTHER THAN UMBRELLA EDAM 10/01/02 10/01/03 EACH OCCURRENCE $ 7,000,000 X UMBRELLA FORM AGGREGATE $ 7,000,000 A WORKERS COMPENSATION AND 71634737 $ EMPLOYERS' LIABILITY 10/01/02 10/01/03 X J WCSTATU- ~ ~ TORY LIMITS I IOET~'  EL EACH ACCIDENT $ 1,000,000 PARTNERS/EXECUTIVE EL DISEASE-POLICY LIMIT $ 1,000,000 OTHER EL DISEASE-EACH EMPLOYEE $ 1,000,000 City of Aspen/Pitkin County is included as additional insured under the above general liability policy. City of Aspen/Pitkin County THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --~[0. DAYS WRITFEN NOTJCE TO THE 130 S. Galena ; 3Y: KristyA. Oreher ~ ~t. ~ HI::IR-13-2003 '14:47 212:345 0444 212 345 0444 P.02 CERTIFICATE OF INSURANCE This certificate is given as a mar~'r of [~ormation only and confers no rights upon thc cerdflc,,te homer, F~bru.~ry 4, 200~ 130 S. G~leno mac the, followi~g policies h~,ve b~:-n issued Io: SA~O~ C0~O~TION P~M, ~ 1~03 J~oli~ No. GW ~T0S~ of One Or More Memb~ ~mp~ Of Olobal A~ospacc P0ol Thr0ugb Global A~oip~, Policy P~o~ from DEC~ER 31, 10~ Jo DE~ER 31, A~C~FT L~ D. Sln~e Llmi~ Bodily lnj~ ~d ~p~ D~ma~e h iJ a~r~d ~a~; 1. ~is C~cate hol~ is Incl~M M ~ ~ido~ ~ under Linbih~ Cov~g~ A, ~ ~tRed a~v~ ba sel&~ wi~ ~t ~ i~ Liabill~ ~ing ou~ o~ ica ~ omissions of ~e 2. T~e Comply f~er a~e. ~o give 30 da~ prior no,ce to ~ C~fi~ holder in the ev~t · c poli~ fs c~ceEe~ by ~e Company. Notwiths~andiug any tequircmcn~, u,,a~ or ~ndifion of any ~n~ or o~ doc~c wi~ ~sp~r m which ~is ~iflca~ may ~ issued Of ~y p~m the [~a~c gfo~ed by ~e ~hc~s des~d ~r~n is ;~bJ~ to all the mr~, e=cl~ions a~d conditie~ o~ ~ch pollct~, ~ts ce~fi~ does not ~end, ex:~d or o~he~ise ~]ter the ~veraJes zffor~ by ~c pol~cs ~e~b~ h~n. ~ ~y ~va been ~ by paid clCms. Olob~ Acro~, lnc, h~ m~ ~o~gon for prompt ~ttce to you in ~c event of can~Ua~on of ~ a~ve d~s~l~ poli~, but ex~px ~ o~]se s~ in ~ ~fica~c, ~ob~ ~osp~e, ~c. ~ssumee no le~ ~spo~sibili~ ~r ney f~l~ ~ do ~, ~LOBAL A~OSPACE, ~C, By: ~ TOTAL P.02 I ~