HomeMy WebLinkAboutbocc.con.171.2003 CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
Originating Departm...ent/Division:
Contact Person:
Phone #: ,c/~
Check Contract Type:
v/ Services
Maintenance
License/Use
Lease
Construction
Purchase
Employment.
BOCC AGENDA ITEM (BOCC signature required)
STAFF AUTHORIZED SIGNATURE (as per Procurement Code)
Dollar Amount: ~< ~.p~,s~s
STAFF AUT~ORIZED
SIGNATURE
CONTRACT
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 (Comglete Name):
Contract Start Date: ~,,. 1. ~ ~ Contract End Date: _
Automatic Renewal (Y/N): fVr
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 (!f appropriate)
· Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
Authorized S'~ff'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.
STAFF AUTI{0!~,IZED
SIGNAT~E.~
CONTRACT
AGREEMENT FOR PROVISION OF SERVICE5
THIS AGREEMENT FOR PROVISION OF SERVICE5 (the 'Agreement") is mode and entered by and
between Pitkin County, Board of County Commissioners ("Pitkin County") and Thomas 5. Dunlop, President,
Dunlop Environmental Consulting, Inc., PO Box 6289 Snowiness Village, CO 81615 (hereinafter "Contractor").
1. Purpose. The purpose of this Agreement is to continue work on specific pro, acts and provide
supper? to Pitkin County as needed.
2. Term. The term of this Agreement is from ,Tonuary 1, 2003 to December 31, 2003. At the
expiration of the initial term, the Agreement may be extended for an additional term of up to 90 days by the
express written consent of both parties.
3. Contrastor's Obliqations. Contractor shall
a. Provide technical support to the Environmental Health Department an Pitkin County
as needed.
b. Manmje the Smuggler Mountain 5uporfund ,Rite to maintain compliance with the
Consent Decree and Zastitution~l Controls.
c. Present the Environmental Health Department on itemized invoice on o monthly basis
unless otherwise agreed to by both parties.
4. Compensation and Expenses, Invoicinq end Payment. The County shall pay the Contractor for
performance of services hereunder. Payment of invoices submitted by Contractor hereunder ~s contingent
upon completion of each task to the satisfaction of the County. Tnvoices shall itemize specific work done to
complete the task, end include receipts for all reimbursable items. Within thirty (30) days' of receipt of on
invoice end approval thereof ~s required hereunder, payment shall be made by the County. Reimbursable
expenses are a Contractor rate of SgO per hour, plus usual and customary expenses (mileage, per diem, end
lodging) may be billed on o monthly basis and will be paid within thirty (30) days of receipt of ~he invoice with o
top-set of $25,000.00. Tn no event shall the total charges for services and reimbursements exceed
$25,000.00. In the event the Contractor incurs time and expenses above seJd amount, no ~ompensation for
said additional time and expenses shall be required to be paid by the COunty without writted authorization 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. Pitkin County shall administer this Agreement through a CoUnty
Representative. Miles StottS will manage the project as the County's Representative. Tn the ~vent that Miles
5torts is not available, Brian Petter shall assume the County !~epresentotive's duties. The services provided
and products delivered by the Contractor under this Agreement will be subject to review by t~e County's
Representatives, or e designee, for compliance herewith.
The review comments of the County's Representative may be reported in writing as needed to the Contractor.
To prevent an unreasonable delay in the Contrnctor's work, the Count~/s Representative will eqdeavor t°
examine oil deliverable products and other documents end will accept same end authorize payment or will
specify necessary changes within ten (10) working days of receipt of such documents.
7. Cancellation. Tn addition to the right of termination referenced in Required Clauses hereto,
Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of ~ontroctOr's
obligations as determined by Pitkin COunty in its sole discretion, upon written notice to Controetor as provided
in Paragraph 11 herein.
8. Required Clauses. Pitkin County's Required Clauses, including provisions for insurance and
indemnification, are attached hereto and incorporated by this reference. '
g. Independent Contractor Status
a. The parties to this Agreement intend that the relationshi~ 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 Pi(kin 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 d~fined 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 Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
10. Assiqnablility. This Agreement is not assignable by either party.
Il. Severability. If 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.
12. Notice. Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1) hand delivery to the person at the address below; (2) delivery by
facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent
certified first class mail, postage prepaid, return receipt requested addressed as follows:
To Pitkin County
Miles Stotts
Pitkin County Deputy Public Works Director
0405 Castle Creek Rd. Suite 10
Aspen, CO 81611
Phone: (970) 920-5073
Fox: (970) 920-5077
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #30:~
Aspen, Colorado 81611
Fox: (970) 920-5198
To Contractor:
Thomas $. Dunlop, President
Dunlop Environmental Consulting, ]:nc.
PO Box 6289
Snowmnss Village, CO 81615
Fax: (970) 923-4820
13. Modification. This Agreement may only be modified by written agreement of both parties
hereto. Any modifications hereof are subject to the requirements of the Pitkin County Procurement Code and
the Required Clauses attached hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement ns of the date first set out herein
above.
CON'i'I~ACTOR:
Title/./q~/~
Date
PITKIN COUNTY:
Department Head bate
Revised 2/26/02
REQU'J[RED CLAUSE5
For purposes of these Required Clauses, 'Contractor" means Thomas 5, Dunlop, President, bunlc , Environmental
Consulting, THC., PO ~ox 6289 Snawmass Village, CO 81615.
Contractor shall be subject to the fallowing provisionS:
1, COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACT~I ~G LAW
A. The Contractor acknowledges that this Agreement is entered into subject to the requirements
of the "Pitkin County Procurement Code," (Section 8.5 ot'th¢ Pitkin County Home Rule cha~¢r, Ordlnanc¢ # 00-
]8, approval ApH! :26, :2000). 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 violatian(s) within five (5) days of knowledge of
such violationS shall be conSidered a breech of this Agreement. Further, such roi!ute to notify the
County of violation of the Procurement Code or statutes within five (5) days of knowledge shall be
deemed os a waiver of any action or defenSe that the Contractor may have against th~ County by renson
of such violation of the Procurement Code or statutes.
WARRANT~ES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS ANr~) CONFLICT OF
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 Agreement 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 p~rpose of securing
business.
I
B. ~ratuitios Prohibited. The Contractor agrees not to give any employee or fo~-mer employee of
Pitkin County a gratuity or (my 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 ed~ice, investigation,
auditing, or in any other advisor-/ capacity in any proceeding or application, request for ruling,
determination, claim or controve~, or other Ixu'ticular matter, pertaining to this Agreement, or to any
solicitation or proposal therefor.
C. Gratuity meanS a peyment, loan, subscription, advance deposit of money, servi( ~s, or anything of
more than nominal value, present or promised, unless conSideration of substantially equal or greater
value is received.
b. Kickbacks Prohibited. It shall be a breech of Agreement for any payment, gm= tuity, or offer of
employment to be made by or on behalf of a subcontractor under a contract to the p~'ime contractor or
higher tier subcontractor or any person associated therewith, os an inducement for the award of a
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 o+hemeise entitled.
The Contractor shall comply with oil applicable local, state and federal "anti-kict back" statutes or
regulations.
E. Conflict of Interest Prohibited. No official, officer, employee or representative of the Count,/
during the term of this Agreement or one (1) year thereafter shall have any interest, direct or indirect,
in this Contract or the proceeds thereof. (Additional restrictions on present and fo~mer employees of
County ore 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 Agreement 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, ~r manner that a
reasonable person against whom it is to operate ought to have noticed it.
H. Remedies. Tn addition to other remedies it me/ have for breach of the p~ohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the County shall have the right to:
(~.) Terminate this Agreement without liability by the County;
(2) Debar or suspend the offending panties from being a contractor or sub-contraCtor under County
contracts; ,
(3) Deduct from the contract price or consideration, or otherwise recover, the va ue of anyth ng
transferred or received by the Contractor; and
(4) Recover such value from the other offending parties.
EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED~MINORITY~WOMEN BUSINESS
ENTERPRISE5 (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 Disedvantages/Minority/Women individuals and enterprises (DME/MBr:_/WBE).
B. In connection with the execution and administration of this Agreement, and ~ny subcontracts,
the Contractor shall not discriminate ngoinst any employee or applicant for employment because of race,
religion, color, sex, national origin, age, handicap or status os a veteran~
C. In connection with the perforn~nce of this Agreement, 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 bus ness enterpr sas shall hove the max*mum procflcob e opportumty to compete for amp oyment
and/or subcontract work, if any, under this Agreement.
D. The Contractor will furnish all necessary information and reports and will Permit oceeSs to its
books, records, end accounts by ..... '
P tk n County for purpose of nvesflget~on to uscerto n comphance w,th
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 fha utilization of
disadvantaged persons, minorities and women by job c~tegory within its organization. Where the
Contractor has fifty (§0) or more employees or it is participating in contracts with ~he CoUnty, which
exceed Fifty-Thousand ($50,000.00) bollor~, an Affirmative Action Plan must be ~ubmitted to the
County when requested by the County Attorney's Office within ten (10) days after selection.
F. Noncompliance. ]~n 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:
(t) Withholding of payments under the Agreement until the Contractor COmplies, and/or
(2) Cancellation, termination, or suspension of the Agreement, in whole o~ in po~t.
TERM]:NAT]:ON FOR DEFAULT OR FOR CONVENT. ENCE OF COUNTY
A. ~[n addition to the right of cancellation referenced in Paragraph 7 of the Agreement, the
performance of work under the Agreement may be terminated by PJtkin County:
(1) Whenever the Contractor shall default in performance of this Agreement in accordance with its
terms, end 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 cond!t~on) after hand-
delivery, facsimile or mailing to the Contractor of a notice specifying the default as prOvided in
Paragraph l! of the Agreement.
The Contractor shall not be in default by reasons of any failure in performance of this
Agreement in accordance with its terms if such failure arises out of causes beyond the control
end without the fault or negligence of the Contractor. Such causes may include, but ore not
restricted to, acts of God, natural disasters, strikes, or freight embargoes, bur 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 ifacts end failure,
and, if the County shall determine that any failure to perform constituted d valid commercial
excuse, the performance shall be revised accordingly end notice of default w~thdrawn; or
(2) Whenever for any reason and in its sole discretion the COunty shall determine that such
termination is in its best interest end convenience.
Notice of Termination. ]~n the event of termination, the County shall deliver tO the Contractor a
written notice of termination, specifying the reasons therefor, and the effective date of such
termination. The effective date shall nat be earlier then the date of hand-deliverY, facsimile or the
date of mailing of the notice, as provided in Paragraph !! of the Agreement.
C. Termination Procedure. After the effective date of the notice of cancellation, termination for
default or for the convenience of the County, unless otherwise directed by the County, the
Contractor
shall:
(!) Stop work under the Agreement on the date specified in the notice of termination.
(2) Place no further orders for materiels, 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 te~minotJon on orders or subcontracts, the cost of! which would be
compensable or reimbursable in whole or in port in accordance with this Agreement.
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 te~mir~tion 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 costs shall n°t 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 te~minotion shall be paid to the Contractor and any costs paid shall not
be a waive~ of any claim, counterclaim or set-off by the County against the Contraato~ 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 gr~nted in writing bythe County. Upon
the Contractor's failure to submit a claim in the time allowed, the County may review the information
available to Jt and determine the amount due the Contractor, if any, and pay the Coatroator the amount
as determined.
E. Termination Settlement. Subject to P~graph 4.b., the Contractor and County may negotiate
the whole or any part of the amount or amounts to be paid, if any, upon cancellation, termination for
default or for the convenience of the County.
F. Remedies. The Contractor shall have the right of appeal from any determination made 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 p~ovided in Paragraph 4. D., above, and has
failed to properly ~equest extension, he shall have no such right of appeal. In any case where the
County has mede a determination of the omouat due under Pc~agraphs 4.D. or 4.E., bbove, the County
shall pay the Contractor: (l) the amount the County has determined if there is no righ~ 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 unde~
Pcmagrophs 4.D: or 4.E., he can appeal this decision in writing to the County. Such appeal must be mode
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 ~esponse 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 a~bi!rotion if required
by the Contract Documents.
];NTE~;~AT~ON AND MOD~.FT. CA TT. ON
A. ~e Age.meat co~titut~ tbe full and complete agar.at of the ~i~
incor~rot~ any prior written and oral ogr~ents of the ~rti~. In edditio~, the ~ntroctor
understands that units the contract is for goods or servi~ of e value I~ than $~,0~, ~ Coun~
official or employs, oth~ than the Bo~d of Coun~ Commissioners ~cting ~ o body ~ a ~ord m~ting,
h~ authori~ to enter into o contract or to modJ~ the terms of the Agr~meat~on behalf of the
~un~. Any such contract or modification to this Agr~t must be in writing and b~ ~ecuted by the
~ti~ he~to.
B. With ~p~t to change o~de~s und~ the Age,meat, the Coun~ and th~ Cont~act0~
proc~ and app~ove/di~pprove ~u~ts fo~ cha~e o~de~s ~ othe~ise provided i~ this Age,meat,
subject to the r~uicem~ts of the Procu~ent Code and the Fi~ Office.
~NDEMNIT'Y
A. The Contractar (including, by definition here and hereinafter, its officials, employees, agents and
representatives, subcontractors and suppliers), shall and hereby doesre ease, discharge,' 'ndemn'fy 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 end defense), fees (including reasonable attorney and expert witness fees) or
compensation in any form or kind whatsoever for any bodily injury, death, personal irLjury 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, however, that such indemnity shall not be construed as
on indemnity for bodily injury or property damage arising from 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 expenses related thereto, even if the claim, demand or lawsuit is groundless, false or
fraudulent.
INSURANCE
A. Zn 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 licensed in the State of Colorado,
as will protect itself, the County and others as specified, from claims for bodily injuries, death, personal
injury or property damage, which may arise out of or result from the Contractor's acts, errors or omis-
sions. The following insurance coverage, at or above the limits indicated end including such endorse-
merits as are indicated by on "X", ore required:
(1) Statutory Workers' Compensation: Colorado statutory minimums
(2) CommerCial General Liability - TSO 1998 Form or equivalent
(County named additional insured)
Each Occurrence Limit $1,000,000.00
&enerol Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Comprehensive Form (All risks) to include (place X by applicable provisions):
_X__ Premises/Operations
Underground, Explosion & Collapse Hazard
Products/Completed Operations
Contractual Liability
]:ndependent Contractors and Subcontractors
Broad Form Property Damage
Pers0nol ~njury
(3) Business Auto Coverage:
Combined Single Limit Liability (e~ch accident)
$1.000,000.00
Coverage to include (place X by applicable provisions):
~ Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Garage Liability
(4) Special Coverages (check as ~ppropriate and insert amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3) Aircraft Liability
__(4) Owner's Protective
__(5) Builder's Risk amount of project
(6) Boiler and Machinery
(7) Loss of Use Tnsurance
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or
Fidelity Bond
EVIDENCE OF INSURANCE SHOULI) BE SENT TO:
Pitkin County Risk Management
C/o Kris .Tewkes
530 E Main, Ste 202
Aspen, CO 81611
(r~x) (970) 9Z0-5049
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 affectmg the County. Fodure to
file or maintain acceptable 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
e 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 Counys Risk Department).
(For purposes of this provision, "materially altered" shall mean o change affecting the coverages
required herein, including a change to policy limits as set out in the than-current.policy declarations
page).
Simultaneously with the Certificates of Insurance, the Contractor shall file with the County's Risk
beportment (and promptly update, as necessary) a certified statement as to claims pending against the
required coverages, reserves established on account of such claims, defense costs expended and
amounts remaining on policy limits.
C. In addition, these Certificates of ]:nsurence shall contain the following clauses:
10.
The clause "other insurance provisions," in o 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."
b. CertificateS of Insurance for all renewal policieS shall be delivered to the County's
RepreSentative at least fifteen (15) days prior to a policy's expiration date except for any policy
expiring on the expiration date of this Agreement or thereafter.
E. The County reServeS the right to request and receive o copy of any policy and any policy
endorsement.
EXEMPTZON5 ANb PREFERENCES
A. All purchnseS 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 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.$ 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 grown in Colorado, quality being at least equal to materials, supplieS and
provisions from outside the state; and to local (l~oering Fork Valley) services and labor of quality at least
equal to non-local services and labor.
The Contractor shall maintain comprehensive, complete and accurate books, records, and documents
concerning its performance relating to this Agreement for a period of three (3) years after fir~l
payment 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 determining, by accepted accounting and a~diting standards,
compliance with all provisions of the Agreement and applicable law.
TH[RD PARTT. E5
This Agreement doeS not and shall not be deemed or construed to confer upon or ~ront 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
/O
or other p~oceeding against either the County or Contractor because of any bre~ch he,eof or because
of any of the terms, covenants, agreements or conditions herein contained.
AC~-~EEMENT MADE I'N COLORADO i
The parties agree that this Agreement was made in accordance with the lows of the ~tate of Colorado
and shall be so conStrued. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
ATTORNEY'S FEES
]~n the event that legal action is necessary to enforce any of the provisions of thi~ Agreement, the
prevailing party shall be entitled to its costs and reasonable attorney's fees~ '
~OVERNMENTAL ]:MMUN:ZTV
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 $150,00000 per person
and $600,000 per occurrence) or any other rights, immunities, and protections provided by the
Colorado &overnmental Tmmunity Act, :>4-10-10~, et. seq., CE.S, as from time to time amended, or
otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in
these I~equired ClauSe or the Agreement shall be conStrued or interpreted to require or provide for
indemnification of the Contractor by the County for any iRjury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its agent or
employees.
CURRENT YEAR OBLTGAT'~ON$
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 the Agreement shall constitute o mandatory charge or
requirement in 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 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 prowsion
of this agreement restrict the future issuance of Pitkin County's bonds or any obligations
payable from any clnss or source of Pitkin County's money.
/I
THIS CERTIFI
CATE IS ISSUED AS A MATTER OF INFORMATION
Talbot Stapleton Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
255
Gold
Rivers
Ct.
~260
ALTER
THE COVERAGE AFFORDED BY THE POLICIES SELOW.
Basalt, CO 81621 COMPANIES AFFORDING
COVERAGE
COMPANY Mountain States 'Insurance Co
970-927-5320 · - . fax970-927-5130 A
INSURED
ENVIRONMENTAL CONSULTING, INC. COMPANY Everest Indemnity Insurance Compare
DUNLOP
PO BOX 6289 B '
COMPANY
C
SNOWMASS VILLAGE CO 81615 i
I D
CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED BOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS~SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
/ POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER
DATE (MM/DD/Y¥ DATE (MM/DD/YY LIMITS
A xGENERALLIABILITY BOP0072526-02 98/02/2002 )8/02/2003 GENERALAG~REGATE $ 2000000
COMMERCIALGENEr~ABILITYi CLAIMS MADE'~'" PRODUCTS- COMP/OPAGG $ 2000000
:/ I~ OCCUR PERSONAL & ADV INJURY $ 10 0 0 0 0 0
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ ~- 0 0 0 0 0 0
~NY^UTO OT~ER T.AN ,~,UTO O~,Ly:
I WO~KE.S COMPENSATION A~ l To.y
Professional Liab.
B 40EO000138021 09/24/2002 )9/24/2003 $2,000,000 Aggregate
I $1,000 000 Occurrenc
Aspen, CO 81611 BUT F~LURE TO MAil SUCH NO~I~SHALL IMPbSE NO OBLIGATION OR LIABILITY
· ........................................................ ' c
:~:~::~:=~:r~:~ ..................................................................................................... ~ :.~:~:-~ ............ ~
Sent By: JOHN GEER AGENCY;
970 245 7835; Nov-4-02 3:02PM;
CERTIFICATE OF LIABILITY INSURANCE
Aroe~ic~n Fa~ily?nsumnce Company []
Page 6/6
[nsumd'$ Name and Address:
Ager~t's Name, A~ldrgss and phone Number ~gt./Dist.)
JOHN GEER AGENCY, INC.,.E~C~' ' (t22~0~'
PO~9~59. ~ :' .: .
24t Grand Avenue, Suite 3
GmndJu=nctien, CO 8t~1-2~ .....: · : · . · · , .
970-244~78 .::...:'..... '..~, :: .' .. ~.:~.
. . ..:
Is to c~ .pOlicy pe~od Indicated, not~dtY~nd~n9 any
ulm~nt te~ or ~ltJ~ of any ~e~ or ~er dO~ ~ m~e~ ~ ~ ~S ~fl~ may ~ Issu~ or may pekin,
~ OF INSU~NCE POLICY NUMBER E~ Expiration LIMI~ OF LIABILi~
~Mo ~,Y0 Mo,Da~,Yr} ' ..... ~'
B~ly tn juVenal F~p~f ~ g
M~llehO~.em Llebill~ B~ily InJu~ and Pm~ Dama~
a~nem Llabfll~ Ea~
.B~iiy I~u~ a~ Pr~ Dama~
P~o~el ~b~ll~ ~abil~ Ea~
Fa~/~nch Llablll~ Fa~ E~p o~r:s Uabll]~ Ea~
Emp)o~ Lla~tli~ + Di~ -~t~ EImil .....
~eneml Llablll~ P~u~ - ~mple~ Operations
LJablli~ (~rmn~) Ea~ O~n~
gama~ ~ Promises Ren~ ~ YOU
M~I~ ~penee (~ One Pe~on)
Llqu~ Ll'ablll~ A~r~ Umit
~Om~lle Liability B~Jly Inju~ - Ea~ A~ldeat $ ~0,~
Any Auto Pmpe~ ~ge $ 500,0~
All ~ Autos
S~edU~ Auks 030Q-~79~1-97 11/7/2002 1~ 17/2003 B~IIy InJu~ & Pmpe~ Damage C~b[n~
Him~ Auks
,
DESCRIPTION OF OPE~TiONS&OCATION~EHiCL~I~ u I ~TION~pEc]~ ~EMS ~:~;~.~ uod~ ~i~ ~lIw.
~ ~...., .. ..: . ~ ._..._ .,: ~:
1114/2002