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HomeMy WebLinkAboutbocc.con.041.268/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 10033100.531500.10007 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 Ashley Perl County Representative Phone (970) 319-1594 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 64,250.00 $ - $ - $ 64,250.00 Resiliency and Housing New contract for Property Management of the Phillips property and Mobile Home Park Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total No Property Management Services for Philips Property and MHP Noyes Management, LLC $ 64,250.00 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 64,250.00 Sole Source Services/Maintenance 3/1/2026 8/31/2026 New Contract 041.26 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 Rev 2023.12.15 CDD 1 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: DATE: FROM: County Manager February 2, 2026 Ashley Perl, Resiliency and Housing Director Proposed Contractor: Noyes Management LLC Product/Service: Property Management Services for Phillips Property and Mobile Home Park Estimated expenditure for the above Product/Service: $ 64,250.00 This form is required in documenting a Sole Source exception from an otherwise competitive bidding process when sufficient competition does not exist, a single vendor represents a clear and best value to Pitkin County, or other factors are present that preclude other vendors from being able to provide the product(s), service(s), and/or construction. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original manufacturer, no regional distributor, standardization etc): Explain: Pitkin County purchased the Phillips Property from the Phillips family in February 2018, with management of the property becoming the responsibility of the previous property owner on March 1, 2018. Hyrum Noyes has been managing the property for the family, and this contract ensures the continuation of his management and his specialized knowledge of the property for ongoing operations and maintenance services. The systems on the property are unique, and Hyrum’s experience and expertise in maintaining these systems are essential during this period, allowing the County time to develop a plan to assume management or improve/replace the systems. Engaging a different property management service at this time would place the County and the property’s tenants at significant risk of utility disruptions and other potential operational challenges if Hyrum’s knowledge were separated from the property’s ongoing operations. Rev 2023.12.15 CDD 2 The undersigned requests that Pitkin County waive other procurement requirements and recognize this transaction as a sole source exception to the Pitkin County Procurement Code. Department Representative Department Director !#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date County Manager Reason for Denial: ________________________________________ !#COUNTY MANAGER SOLE#! Date Feb-24-2026 Resiliency and Housing Director Ashley Perl Interim County Manager Kara Silbernagel Feb-26-2026 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made on March 1, 2026 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main Street, Aspen, CO 81611, (hereinafter called the “County”) and Noyes Management, LLC, 3558 Lower River Road, Snowmass, CO 81654 (hereinafter called the “Contractor”) to perform the following work: Property Management Services for Phillips Property and Mobile Home Park (“Project”). I. Term of Contract. The term of this Contract is from March 1, 2026 to August 31, 2026. II. Contractor’s Obligations. Contractor shall manage the Phillips property and Mobile Home Park (“Property”) and ensure the overall wellbeing of the property and park. Duties shall include but are not limited to: A. Performing quality control and monitoring of on-site utilities. B. Routine property inspections identifying safety and maintenance concerns. C. Coordinate maintenance and repairs to Park structural, mechanical and electrical systems. D. Deliver notices to residents on an as-needed basis including, but not limited to, presence of bears/increased bear activity, leaks and/or infrastructure disturbances, roadway damages or scheduled improvement projects and/or closures, etc. E. Coordinate, as directed by the County representative, on matters regarding tenant communications and County enforcement actions. F. Coordinate and oversee subcontracted labor including: a. On-Call Electrical b. On-Call Septic c. Propane Deliveries d. Dumpster Services e. Plumbing f. Road Repairs 1 g. Snow Removal Services G. Direct inquiries, issues and questions from tenants to the County. H. Respond to emergencies that may arise on site, resolve in a timely manner and notify the County within 24 hours. I. Maintain roads and provide snow removal within the property and park. a. Contractor is responsible for plowing in Contractor’s vehicle with no County equipment provided, with no maintenance or operating costs of such equipment billable to Pitkin County, other than the monthly fee listed below for the listed months. b. The use of road base for as-needed repairs must be pre-approved by the County through an approved contractor. J. Monitor and maintain ditches, as needed. All costs associated with materials, supplies and sub-contractors must be pre-approved by the County. K. Irrigate pastures and coordinate annual haying operations. L. Observe and report suspicious activities or possible criminal activity to the appropriate law enforcement authorities. Report all activities to Pitkin County representative within 24 hours. M. Maintain training, certification(s), and complete required potable water testing as required by the state. Send copies of reports and notes to the County Representative. N. May be called upon to testify in legal proceedings. O. Perform other duties as assigned. P. Report to Pitkin County quarterly regarding: a. Identified safety and maintenance concerns/repairs and proposed or completed response b. Potable water testing reports and notes c. Suspicious or criminal activities and emergencies 2 Q. Must receive written pre-approval from Pitkin County prior to hiring or contracting with any contractor for maintenance, repairs or equipment. R. Cost of equipment rentals, supplies and other purchases necessary to maintain the Property shall be invoiced to the County on a monthly basis. a. Any equipment rentals, supplies or other purchases exceeding $15,000 must be pre-approved by Pitkin County. III. Compensation, Expenses, Invoicing, Payment and Offset. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of sixty-four thousand two-hundred fifty dollars and zero cents ($64,250.00) for all services rendered, paid in equal monthly installments of $10,708.33, for a six-month period. The estimated breakdown of costs is as follows: A. Contractor Fee: $47,625.00 B. On-Call Coverage: $9,325.00 (On-Call coverage to ensure needs of the residents are addressed in a timely manner) C. Snow Removal Expenses: $4,000.00 ($2,000.00 per month from March through April 2026). If contract is extended, this amount will be calculated accordingly. D. Incidental Expenses (including use of vehicle, fuel and liability insurance): $3,300.00. E. Housing: For the duration of this Contract, Contractor will be provided housing at the Property known as the existing old ranch house located at 3558 Lower River Road and will be permitted to use the mobile home located on lot #39 for residential purposes. a. Contractor must fully vacate and remove all personal possessions from the property, including both the ranch house and unit #39, by September 30, 2026. The cost and responsibility for vacating will be solely borne by the Contractor. IV. Pitkin County’s Obligations. Pitkin County shall administer this Contract through a County Representative. The services provided by the Contractor under this Contract will be subject to review by the County’s Representatives, or a designee, for compliance with Contractor’s obligations prior to final payment. 3 V. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract, for cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof and reason for termination. Such notice shall be given at least ten (10) days before the effective date of such termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor. VI. Independent Contractor Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor’s obligations under this Contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Contract. E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. VII. Assignability. This Contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. VIII. Severability. In the event that any provision of this Contract shall be held to be invalid or unenforceable, the remaining provisions of this Contract shall remain valid and binding upon the parties hereto. IX. Integration and Modification. A. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either 4 written or oral. This Contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this Contract. X. Indemnity. A. The Contractor agrees to hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. In consideration of the award of this Contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. XI. Exemptions and Preferences. All purchases of construction or building or any other materials for this Contract 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 84-78000-5k. XII. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Contract for a period of three (3) years after final payment under the Contract 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 auditing standards, compliance with all provisions of the Contract and applicable law. XIII. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 5 XIV. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. XV. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Contract, the monetary limitations or terms (presently $150,000 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 from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract 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. XVI. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under this Contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this Contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this Contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. XVII. Notice. Any notice required or permitted under this Contract shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: County Manager Office 530 E Main Street, Suite 304 With Copies To: Pitkin County Attorney’s Office 530 E Main Street 6 Aspen, CO 81611 Email: Ashley.Perl@pitkincounty.com Aspen, CO 81611 Email: Attorney@pitkincounty.com To Contractor: Noyes Management, LLC 3558 Lower River Road Snowmass, CO 81654 Phone: (970) 319-7646 Email: rayettanoyes@hotmail.com XVIII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a “following form” basis. 1) Statutory Workers’ Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or 7 subcontractor is exempt under Colorado Workers’ Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers’ Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability – ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include: ● Premises and Operations ● Explosions, Collapse and Underground Hazards ● Personal / Advertising Injury ● Products / Completed Operations ● Liability assumed under an Insured Contract (including defense costs assumed under contract) ● Independent Contractors ● Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) ● Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) ● Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) ● The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: “County, its 8 subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. 3) Auto Liability: Bodily injury and property damage for any owned, hired and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount): a. ☐ Performance Bond $ b. ☐ Professional Errors and Omissions c. ☐ Aircraft Liability d. ☐ Owner’s Protective e. ☐ Builder’s Risk f. ☐ Boiler and Machinery g. ☐ Loss of Use Insurance h. ☐ Pollution Liability i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement@pitkincounty.com. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead 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. 2) In addition, these Certificates of Insurance shall contain the following clauses: 9 a. The contractor’s insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. 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. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: “all operations and locations at which work for the referenced Project is being done.” 3) 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 Contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. CONTRACTOR ____________________________________________________ Date DIRECTOR APPROVAL ____________________________________________________ Date PITKIN COUNTY ____________________________________________________ Date 10 Resiliency and Housing Director Ashley Perl Feb-24-2026 Hyrum Noyes Feb-24-2026 Independent contracter Kara Silbernagel Interim County Manager Feb-26-2026 Certificate Of Completion Envelope Id: EAB26A73-B322-461F-9D4E-29FCA3D3E347 Status: Completed Subject: Noyes Management, LLC | Pitkin County New Contract 041.26 R1 for Review and Signature Source Envelope: Document Pages: 13 Signatures: 5 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: 98.245.174.254 Record Tracking Status: Original 2/23/2026 12:47:25 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Ashley Perl ashley.perl@pitkincounty.com Resiliency and Housing Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 73.14.255.89 Sent: 2/23/2026 12:54:44 PM Viewed: 2/24/2026 9:35:13 AM Signed: 2/24/2026 9:35:34 AM Electronic Record and Signature Disclosure: Accepted: 2/24/2026 9:35:13 AM ID: 5f75b015-6ea2-437f-9a29-e293b0cc2f98 Company Name: Pitkin County, Colorado Hyrum Noyes RayettaNoyes@hotmail.com Independent contracter Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 2601:281:800:31d0:7169:4dab:b0ad:e488 Signed using mobile Sent: 2/24/2026 9:35:35 AM Viewed: 2/24/2026 4:06:48 PM Signed: 2/24/2026 4:09:22 PM Electronic Record and Signature Disclosure: Accepted: 2/24/2026 4:06:48 PM ID: 2629a51b-b1e8-4985-8045-2a3ea5090ed1 Company Name: Pitkin County, Colorado Kara Silbernagel kara.silbernagel@pitkincounty.com Interim County Manager Pitkin County Colorado Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 2/24/2026 4:09:24 PM Viewed: 2/26/2026 9:36:25 AM Signed: 2/26/2026 9:37:06 AM Electronic Record and Signature Disclosure: Accepted: 6/26/2025 10:29:11 AM ID: 13c88870-faf6-4375-8fed-1bd1d274f164 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 Ruslana Ivanova, Procurement Specialist Pitkin County Security Level: Email, Account Authentication (None) Sent: 2/26/2026 9:37:07 AM 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: 2/26/2026 9:37:08 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Miosha Santos miosha.santos@pitkincounty.com Security Level: Email, Account Authentication (None) Sent: 2/26/2026 9:37:09 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 2/23/2026 12:54:44 PM Certified Delivered Security Checked 2/26/2026 9:36:25 AM Signing Complete Security Checked 2/26/2026 9:37:06 AM Completed Security Checked 2/26/2026 9:37:09 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. 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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: Ashley Perl, Hyrum Noyes, Kara Silbernagel 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. 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