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HomeMy WebLinkAboutbocc.con.amended.195.19 D8/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 40451510.556500 Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please enter the New Vendor information into Munis for workflow approval. Contact Information: Department County Representative Andrew Treat County Representative Phone (970)379-5242 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 23,500.00 $ 80,000.00 $ 29,500.00 $ 133,000.00 195.19 D Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement No Annual Live Burn Training 139Fire $ 29,500.00 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 29,500.00 Sole Source Services/Maintenance 4/16/2019 4/15/2024 Change Order/Contract Amendment Airport Extension of Contract Term for one (1) year and allocation of budget for extension term. Extension 4 of 5. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total Contract #: 195.19 Rev. 2018.06.13 btf Budget Line Item #: 40451510.556500 *Increases over $25,000 and/or 10% (single increase or accumulative) of original contract must have County Manager signature. 1 CHANGE ORDER / CONTRACT AMENDMENT Change Order Number: 195.19 D OWNER: Pitkin County, Colorado 530 E. Main St., Suite #302 Aspen, CO 81611 CONTRACTOR: 139Fire 509 Bedford Road Brookfield, OH 44403 The Provision of Annual Live Burn Training (the “Contract”) dated May 24, 2019 between the Board of County Commissioners of Pitkin County, Colorado (the “County”) and 139Fire (the “Contractor”), is hereby amended as follows: Description of Change: 1. Extension of Contract Term for one (1) year beginning March 15, 2023 and ending April 15, 2023. 2. Allocation of budget funds of Twenty-Nine Thousand Five Hundred dollars and Zero cents ($29,500.00) per the attached Contractor Quote (“Attachment A”) for the extension term. Reason for Change: Upcoming expiration of current Contract Term and allocation of funds for new extension term. Original Contract Amount $ 23,500.00 Previous Change Order/Amendment Amount $ 80,000.00 This Change Order/Amendment Amount $ 29,500.00 New Contract Total $ 133,000.00 Contract #: 195.19 Rev. 2018.06.13 btf Budget Line Item #: 40451510.556500 *Increases over $25,000 and/or 10% (single increase or accumulative) of original contract must have County Manager signature. 2 In all other respects, the Contract is in full force and effect and remains unchanged by this Amendment. 139FIRE ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date Feb-27-2023 Andrew Treat Aircraft Rescue Captain Natalee Tueller Program Manager Mar-03-2023 www.139Fire.com 913-912-3960724-699-2948 info@139Fire.com QUOTE NO. DATE CUSTOMER ID BILL TO SHIP TO TRAINING MONTH AIRPORT DELIVERY & PU REP Jun-23 ASE INCLUDED Natalee Tueller QTY ITEM FUEL DURATION TOTAL PRICE 1.00 MAFT ARFF Fire Trainer LPG (NOT INCLUDED)5 Days 29,500.00$ 1.00 INSTRUCTOR 5 Days Included 1.00 OP Included ANNUAL SUBTOTAL 29,500.00$ SALES TAX EXTRA Name Title Signature Date: ASE CUSTOMER PAYMENT TERMS NET 30 Accepted by Customer 0233 E. Airport Road DESCRIPTION ARFF Instructors for live burns and Advanced ARFF Course Operator QUOTE Aspen-Pitkin County Airport Attn: Andrew Treat andrew.treat@aspenairport.com Aspen, CO 81611 Same ASE-23 August 26, 2021 139FIRE EQUIPMENT LEASE TERMS AND CONDITIONS OWNERSHIP Except for Customer’s rights of use under this Lease, the Equipment is and shall at all times be and remain the exclusive personal property of 139Fire. The Customer shall have no right, title, or interest in or to the Equipment except as expressly set forth in this Lease. The Customer shall not assign, sublease, or transfer the Equipment without 139Fire’s priorwritten consent. CARE AND USE OF EQUIPMENT The Customer and/or any operator hereby warrants that, upon completion of operation and maintenance training provided by 139Fire, that they are familiar with the safe operation and use of the piece of equipment. The Customer agrees that the Equipment will be operated by competent employees and used solely in the conduct of its business. The Customer and its employees shall use the Equipment carefully and properly, and in compliance with all federal, state, and local laws, including, but not limited to NFPA 1403 ‘Standard on Live Fire Training Evolutions’. The Customer is responsible for all liability in connection with use of Equipment. Customer shall not make any alterations or additions to the Equipment without 139Fire’s prior written consent. The Customer shall notify 139Fire promptly of any loss, theft, or destruction of all or any part of the Equipment, or of any damage beyond repair to the Equipment, and shall make the Equipment or any wreckage available for disposal. FUEL AND UTILITIESCustomer is responsible for fuel (in excess of the amount included in the lease), as well as the supply of all utilities neededto operate the equipment. All leaks, changes in performance/operation, unusual noises, or conditions indicating or relating to potential failure must be reported to 139Fire immediately. The Equipment must be shut down immediatelyif the problem is significant. DELIVERY AND PICK-UP139Fire will deliver the equipment to the Customers facility and the customer will provide all necessary unloading equipment to position the leased equipment on site. Upon pick-up of the equipment from site by 139Fire, the Customer will provide all necessary loading equipment. The delivery and pick-up of equipment to site will be scheduled with the customer approximately 30 days in advance of the annual planned training time and customer agrees to allow 139Fire to store equipment on site for up to 30 days before and after training dates at no cost to 139Fire. CANCELLATION Customer may cancel lease at any time after the first year of the term by written notice and will be subject to a charge of 50% of the sum of all outstanding year’s lease amount due immediately upon cancellation. INSURANCE During the Term, the Customer shall procure and continuously maintain and pay for insurance in such form and with such compan y satisfactory to 139Fire. At a minimum, the insurance must include: Risk insurance against loss of and damage to the Equipment for not less than the full replacement value of the Equipment, naming 139Fire as loss payee; and Combined public liability and property damage insurance, in the amount of Two Million Dollars ($US 2,000,000.00) or such other reasonable amount as approved by 139Fire, naming 139Fire as an additionally named insured and a loss payee. This insurance shall provide primary coverage for the protection of the Parties without regard to any other coverage carried by either Party protecting against similar risks. The Customer shall provide 139Fire with an original policy or certificate evidencing the insurance. The Customer hereby appoints 139Fire as the Customer’s attorney in fact, with power and authority to do all things, including but not limited to, making claims, receiving payments, and endorsing documents, checks, or drafts necessary or advisable to secure payments due under any policy of insurance required under this Lease. The Customer shall provide at least thirty (30) days’ advance written notice to 139Fire about any cancellation, change, or modification of the insurance coverage. TAXES AND FEES During the Term, the Customer shall pay all applicable taxes, assessments, and license and registration fees on the Equipment. The Customer shall, on request, provide 139Fire with proof of such payments and copies of any tax returns and reports filed or prepared concerning the Equipment. GOVERNING LAW This Lease shall be governed by the laws of the state of Ohio. Customer agrees that any suit relating to this lease shall bebrought only in Trumbull County, Ohio and Customer irrevocably consents and submits to the jurisdiction of such Court. Each party waives any right to a jury trial. In the event that litigation results from or arises out of thisLease or the performance thereof, the Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled. INDEMNITY The Customer shall indemnify 139Fire against all losses, damages, claims, suits, actions, costs, expenses, obligations, or di sbursements, including legal expenses, incurred by 139Fire in any way connected to the Customer’s use or possession of the Equipment during the Term. In no event shall 139Fire be responsible for special, incidental or consequential damages whatsoever or howsoever caused, including but not limited to, loss of use, business interruption or any other economic loss, whether in contract, negligence of any other theory of liability SUCCESSORS AND ASSIGNS All references in this Lease to the Parties shall be deemed to include, as applicable, a reference to their respective succes sors and assigns. The provisions of this Lease shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties. DISPUTERESOLUTION Any dispute under this agreement will be submitted to tthe American Arbitration Association for binding arbitration. 139Fire, LLC is a Nevada Limited Liability Company Certificate Of Completion Envelope Id: 47E87983C015461DAD52B4E7AF5EC51C Status: Completed Subject: 139Fire | Pitkin County Contract Renewal 195.19 D for Review and Signature Source Envelope: Document Pages: 4 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 98.50.0.31 Record Tracking Status: Original 2/23/2023 1:45:26 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Andrew Treat andrew.treat@aspenairport.com Aircraft Rescue Captain Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 2/23/2023 1:48:39 PM Viewed: 2/27/2023 11:49:16 AM Signed: 2/27/2023 11:49:55 AM Electronic Record and Signature Disclosure: Accepted: 2/27/2023 11:49:16 AM ID: cf86cd85-df83-4c3f-a9f6-ff56e7832ac0 Company Name: Pitkin County, Colorado Natalee Tueller natalee@139fire.com Program Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 75.169.143.157 Sent: 2/27/2023 11:49:58 AM Viewed: 3/3/2023 10:32:40 AM Signed: 3/3/2023 10:32:59 AM Electronic Record and Signature Disclosure: Accepted: 3/3/2023 10:32:40 AM ID: afbf70ca-f45d-4a55-9ee7-2bb0886238b7 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 Pitkin County Procurement procurement@pitkincounty.com Procurement Manager Pitkin County Security Level: Email, Account Authentication (None) Sent: 3/3/2023 10:33:01 AM Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 3/3/2023 10:33:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/23/2023 1:48:39 PM Certified Delivered Security Checked 3/3/2023 10:32:40 AM Signing Complete Security Checked 3/3/2023 10:32:59 AM Completed Security Checked 3/3/2023 10:33:02 AM 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 you with certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically when we send you documents for electronic signature. Acknowledging your Access, Intent, and Consent to Receive and Sign Materials Electronically To confirm that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receive notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. When you don't have a DocuSign account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM Parties agreed to: Andrew Treat, Natalee Tueller Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper or electronic copies of any such documents from our office to you, you may be charged a per-page fee. You may request delivery of such paper or electronic copies from us by following the procedure described below. Withdrawing your consent If you are an authorized DocuSign Account holder, you can decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. Described below is the process for informing us of your decision to receive future notices and disclosure in paper format and also how to withdraw your consent to receive notices and disclosures electronically. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Pitkin County: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to Helpdesk@provelocity.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at Helpdesk@provelocity.com and in the body of such request you must state: your previous e-mail address, your new e-mail address . In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper or electronic copies from Pitkin County To request delivery from us of paper or electronic copies of the notices and disclosures previously provided by us to you electronically, you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. To withdraw your consent with Pitkin County To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you must state your e-mail, full name, Postal Address, telephone number, and account number.