HomeMy WebLinkAboutbocc.con.011.2000APPROVED BY BOCC
ON
PITKIN COUNTY
HEALTH AND HUMAN SERVICES
PURCHASE OF SERVICE CONTRACT
ASPEN YOUTH CENTER, 2000
THIS CONTRACT, is made as of the date last below signed between Pitkin County herein referred
to as "County", and Aspen Youth Center, hereafter referred to as "Contractor". Whereas, Aspen
Youth Center, a private non-profit agency, is offering local and visiting youth of the Roaring Fork
Valley healthy, unique programs in a safe and supervised environment that is alcohol, drug and
tobacco free, and whereas Pitkin County wishes to contract for provision of these services:
Now therefore, it is hereby agreed that in consideration of the mutual undertakings and agreements
hereinafter set forth, the County and the Contractor agree as follows:
CONTRACT &//-f00O
Subject to its other provisions, the term of the Contract shall be from 1st day of January,
2000, through the 31 st day of December, 2000.
Section I. County Shall:
1. County agrees to purchase and Contractor agrees to furnish the following services
hereinafter referred to as "Purchased Services":
Provide local and visiting youth of the Roaring Fork Valley with programs that
teach life skills, such as self-esteem, self-respect, respect for other people, leadership
and team building.
2. County agrees to purchase these services for the following targeted groups:
Local and visiting youth of the Roaring Fork Valley.
3. County agrees to pay as services are provided as follows:
$5,713 to support operational and programming costs.
The total amount of this one-time contract shall not exceed $5,713 maximum.
The rates paid above include all of contractor overhead and administrative costs in complying with
terms of this contract.
4. The County will pay contractor in quarterly payments on the last day of March, June,
September, and December. The contractor will provide County with a first quarter report
identifying the criteria that will be used to establish performance standards. These
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performance criteria will be evaluated against actual service numbers in a written report by
the contractor to be submitted to the County before the second and fourth quarter payments.
Section II. Contractor shall:
1. Strictly adhere to all applicable federal, state, and local laws or regulations
(including County Procurement Code) that have been or may hereafter be
established.
2. Hold and maintain for the term hereof the necessary license(s) as specified under
State law which permits the performance of the service(s) to be purchased herein.
3. Shall maintain a sliding -scale fee schedule for its services in order to accommodate
low income individuals.
4. Subcontracts utilized by the Contractor shall be subject to the requirements of the
Contract as listed here, and the Contractor is responsible for the performance of any
subcontractor.
5. Abide by all applicable provisions of the Title VI and VII of the Federal Civil
Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title XX of
the Social Security Act of 1975 as revised.
6. Maintain written requirements for safeguarding client information and comply with
the same.
7. Indemnify County and the State of Colorado against any liability and loss against all
claims and actions based upon or arising out of damage or injury, including death, to
persons or property caused or sustained in connection with the performance of this
Contract or by conditions created thereby, or based upon any violations of any
statute, ordinance, or regulation and the defense of any such claims or actions;
maintain insurance in such types and amounts as are necessary to find this
indemnity. Required Clauses are attached hereto, herein referred to as Addendum
B. To find indemnification, Contractor must provide evidence of the following
insurance (naming Pitkin County additionally insured) within 10-30 days of
execution of contract:
a. Statutory Worker' s Compensation:
1) Colorado statutory minimums
b. Commercial General Liability
1) Bodily Injury/Property Damage,
Combined Single Limit: $1,000,000
8. Maintain service program records, fiscal records, documentation and other records
relevant to this Contract for a period of five years. The above shall be subject at all
reasonable times to inspections, review or audit by Federal, State or County
personnel, and other persons authorized in writing by the County.
9. Provide the purchased services at the location as shown as the address of the
Contractor or wherever is appropriate for that service within Pitkin County.
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10. Provide the service(s) described herein at a cost not greater than charged to other
persons.
11. Upon submission of this contract, provide a final draft of a Results Based
Management Evaluation plan to be executed during contract year 2000. (See
Addendum A)
Provide a semi-annual PROGRESS REPORT on services provided.
Section III. General Provisions:
1. The Parties to this Contract intend that the relationship between them contemplated
by the Contract is that of independent contractor. No agent, employee, or servant of
Contractor shall be deemed to be an employee, agent, or servant of County.
Contractor will be solely and entirely responsible for its acts and the act of its
agents, employees, servants and sub -contractors during the performance of the
Contract.
2. Payment pursuant to this Contract, if in County, State, or Federal funds, whether in
whole or in part, is subject to and contingent upon the continuing availability and
appropriation of County funds for the purpose thereof.
3. 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, contractor understands that 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 contract must be in writing and
be executed by the parties hereto.
4. Either party shall have the right to terminate this Contract by giving the other party
ninety days notice by registered mail, return receipt requested at the addresses below
listed, effective upon mailing. If notice is so given, this Contract shall terminate on
the expiration of the thirty days, and the liability of the parties hereunder for further
performance of the terms of this Contract shall thereupon cease, but perform their
obligations up to the date of termination. The County's contact person for this
contract shall be the Human Services Director. The Contractor's contact person for
this contract shall be the Aspen Youth Center Director.
5. In the event this Contract is terminated, final payment to the Contractor may be
withheld at the discretion of the County until final audit. Incorrect payments to the
Contractor due to omission, error, fraud, or defalcation shall be recovered from the
Contractor by deduction from subsequent payments under this Contract or other
contracts between the County and the Contractor, or by the County as a debt due to
the County. The waiver of any violation shall not be construed as a waiver of any
other or subsequent violation of this Contract or appropriate statutes or regulations.
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WHEREFORE, thp�parties auk herein et their hands and affixed their seals the day and date indicated below.
S .�EDthis J*''fiaypf_�`4 a.;'2000.
ATT. T:
_/
Win County Clerk
RECOMMENDED FOR APPROVAL:
NancyN. Sundl'en
Director of Health & Human Services
APPROVED AS TO FORM:
John Ely
County ey
Debe MacDonald Nelson
Finance Director
ATTEST:
STATE OF COLORADO
COUNTY O l^^
) ss.
The foregoing was acknowledged before me thisq day of CI) , 2000, by I alutzo It yo Q
, agent for Aspen Youth Center.
PITKIN COUNTY, COLORADO
B
Chairperson, Shellie Harp
Pitkin County Board of
County Commissioners
Mailing Addre
c/o Nancy Sundeen
0405 Castle Creek Rd., # 7
Aspen, CO 88 611
ASPEN YOUTH CENTER
By: <LjriiLgkb
Lauren Mbe eko
Director,
Aspen Youth Center
Mailing Address:
P.O. Box 8266
Aspen, CO 81612
i 110 loc
(date)
Witness my hand and official seal.
My Commission expires
0111012001
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Notary Public 3 6 g
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ADDENDUM A
TO:
ORGANIZATION:
FROM:
DATE:
SUBJECT:
Nan Sundeen
Pitkin County Health and Human Services
Lauren Mbereko
January 31, 2000
Pitkin County Evaluation Plan
Evaluation Purpose
The AYC will evaluate youth and parent responses to our Scholars' Club
program which is an after -school homework program. We feel this is an
extremely valuable, asset -promoting program for parents and youth and we are
interested in knowing the effect that his program is actually having.
Service Units
The unit of service is participation in the Scholars' Club during one day's
homework session.
Service Unit Quality
Youth and parents will be questioned on their satisfaction with the program by
answering the attached surveys when starting and after completion of three
months of service. (See attached "Homework Club Surveys").
Service Outcomes
AYC staff or volunteers will administer a survey to Scholars' Club participants
and their parents that shows program benefits.
Service Impact
When youth are able to engage in positive, asset -promoting activities, they build
self-confidence, social skills, connectedness to family and school. The AYC
believes that homework assistance and after -school programming are helpful to
most, if not all, families. The AYC Scholars' Club and other programs are
effective in promoting developmental assets.
• ASPEN • YOUTH • CENTER •
Post Office Box 8266 • Aspen, Colorado 81612. 455 Rio Grande Place
970.925.7091 • 970.920.2852(Fax) • ayc@rof.net
S
JAN-31-00 03:46 PM aspen Youth Center
9709202052 P.02
To: Lauren Pugh, Director
Organization: Aspen Youth Center
From: Jerry Evans, Ph.D.
Date: January 28, 2000
Subject: Recommendations for final Pitkin County evaluation plan
Under the following headings are suggestions for the final evaluation component of your 1999-
2000 Pitkin County funding application.
Evaluation Plan
(State the purpose of your evaluation.)
The evaluation has two goals:
• First, it will conduct an assessment of the need for expanding the types of AYC
programs, for extending the time services are offered, and the location of the facility
itself. The needs assessment will survey schools and other organizations and parents
about unmet service needs for youth during after school hours and for the sponsoring of
alcohol and drug -free youth activities. In the process it will request feedback on the
adequacy of current activities sponsored by AYC and seek suggestions for their
improvement.
• Second, the evaluation will evaluate youth and parent responses to one AYC activity
program.
Service Unita
(What is the definition ofa unit of service for the program component on which you are seeking County
funding? Describe how you will determine units of service for these client demographic characteristics: (a)
gender, (b) age, (c) city of residence, and (4) ethnicity)
In its first goal, AYC will assess the need for youth programs. It will document needs for all
major youth demographic groups. The performance unit for its first goal will be completion of a
monthly needs assessment plan and progress report during February -May 2000.
AYC will evaluate its Homework Club program. The unit of service is participation in the club
during one day's homework session.
Service Unit Quality
(How will you measure service quallry? Explain how quality will be reported for each of the major client
characteristics you serve, e.g.; males vs, females, young, middle, and older adults.)
Youth and parents will be questioned on their satisfaction with the program by answering the
attached surveys when starting and after completion of 3 months of service. (See attached
"Homework Club Surveys").
Jerome R. Evans, Ph.D, a Program Evaluation Technical Assistance a 40J Castle Crock Road, Suite 4 a Aspen. CO 81611
Voice: (970) 928.0689 a E-mail: Jeevansphd@aol.com
JAN-31-00 03:47 PM Rspen Youth Center
9709202852 P.03
Service Outcomes
(How do you define the outcomes for your service? Describe how you will report outcomes for your major
client demographic groups.)
Results of the needs assessment will be distributed to individuals and organizations that have
participated in the needs assessment process, They will be asked for their satisfaction with the
final report.
AYC staff will administer a survey to Homework Club participants and their parents that shows
program benefits.
Service Impact
(What is the unmet community need addressed by the service component for which you are seeking
funding? Describe what Impact on the need could be expected from your service component.)
When youth are able to engage in positive, asset -promoting activities, they build self-confidence,
social skills, and connectedness to family and school. Outdoor activities provide aerobic exercise,
important to youth wellness. AYC believes for some youth both positive activities and outdoor
exercise are limited. In particular, opportunities for after school educational experiences, vigorous
physical activity and life enrichment are scarce. For these youngsters its programs are effective in
promoting developmental assets and physical well-being.
Page 2 of 6 a January 28.2000
spen Youth Center Homework Club
Survey for Beginning Students
Name: School: Grade:
In the past 30 days how Never One or About A few Every
often have you ... two once a times a day
times week week
Wanted to go to school? s s s
Studied hard fora test? a A. a a. a
Felt you didn't have enough help a a s s a
with homework?
In the past 30 days how
often has your mom, dad or
some other adult at home..
Talked to you about school or
homework?
AIL
Page 3 of 6 a January 28, 2000
Aspen Youth Center Homework Club
Survey for Three -Month Program Students
Name: School: Grade:
In the past 30 days how Never One or About A few Every
often have you ... two once a times a day
times week week
Wanted to go to school?.
Studied hard for a test? s s s a s
Felt you didn't have enough help a a a a a
with homework?
In the past 30 days how
often has your mom, dad
or some other adult at
home...
Talked to you about school or
homework?
What do you think about Always Sometimes Never
the Homework Club?
I like it ... s s s
I look forward to go to the s s s
Homework Club...
I feel comfortable talking with the s s se
tutors...
There are enough tutors so I can s a a
get the help I need...
Page 4 of 6 m January 28, 2000
Name:
Aspen Youth Center Homework Club
Survey for Parents of Beginning Students
School: Grade:
In the past 30 days how Never One or About A few Every
often has your child ... two once a times a day
times week week
Wanted to go to school? s. . s s s
Studied hard fora test? s s S. A. S
Felt they didn't have enough help s a s. a s
. with homework?
In the past 30 days how
often have you or some
other adult at home...
Talked to your child about school
or homework?
Page 5 of 6 a January 28, 2000
/ 6
Name:
Aspen Youth Center Homework Club
Survey for Parents of Three -Month Program Students
School: Grade:
In the past 30 days how Never One or About A few Every
often has your child ... two once a times a day
times week week
Wanted to go to school? a a a a a
Studied hard fora test? a a a a a
Felt they didn't have enough help a a a a a
with homework?
In the past 30 days how
often have you or some
other adult at home...
Talked to your child about school s
or homework?
s
What does your child think Always Sometimes Never
about the Homework
Club?
They like it ... a a a
They look forward to go to the ' a a a
Homework Club...
They feel comfortable talking a a a
with the tutors ...
There are enough tutors so they a a a
can get the help they need...
Page 6 of 6 .a January 28, 2000
7 /
(Revised July 6, 1999)
Addendum B
REQUIRED CLAUSES
For purposes of these required clauses, "Contractor' means the bidder/proposer or other party who may eventually enter into
a contract with the County.
The Bidder/Proposershall 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 AND 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 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 subcontractoror any person
associated therewith, as an inducement for the award of a subcontractor 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 thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof.
(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.
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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 parties 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/Womenindividuals 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 payments 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 COUNTY
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
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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, specifying 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:
(1) 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 of a notice of termination for the convenience of the County, the
Contractor shall submit to the County his termination claim in the form of 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 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, counterclaim 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.
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 from any determination made by the County under
"Termination for Default or for Convenience of County;" except that if the Contractor has failed to submit his claim
within the time provided in Paragraph 4.D., above, and has failed to properly request extension, he shall have no
such right 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.
8
�y
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 contract 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 representatives,
subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County
of Pitkin and its officials, employees, agents and representatives from and against 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, however, that such indemnity shall not be construed as an
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.
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, from 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, which may arise out of or result from the Contractor's 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
General Aggregate Limit
Products/Completed OperationsAggregate Limit
Comprehensive Form (All risks) to include:
X Premises/Operations
Underground, Explosion & Collapse Hazard
X Products/Completed Operations
_$1,000 000
$1 000 000
$1 000 000
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X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
(3) Business Auto Coverage:
Combined Single Limit Liability (each accident)
Bodily Injury (per person/per accident)
Property Damage (per accident)
Coverage to include:
_Any Auto
All Owned Autos
Hired Autos
Non -Owned Autos
_Garage Liability
(4) Special Coverages (check as appropriate):
(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 Insurance
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
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 Project Manager) no later than ten (10) calendar days prior to
commencement of operations affecting the County. Failure 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 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, "materially 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 insurance provisions," 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.
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(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 from 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 grown 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 all 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, representatives, employees, successors, assigns and legal
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.
11. 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.
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13. ATTORNEY'SFEES
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 after mailing, whichever is
first.
15. Year 2000 Issues
Contractor hereby releases and holds Pitkin County harmless from any and all claims and causes of
action relating to performance of this Agreement of any nature whatsoever in tort, contract, or otherwise,
for any action, inaction or for any loss or damage attributable to, resulting from, arising out of or in
connection with a year 2000 error.
16. Governmental lmmunity
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 from time to time amended, or otherwise available to Pitkin County or any of its officers,
agents or employees. Further, nothing in these Required Clause or 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
17. 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
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 provision of this agreement
restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source
of Pitkin County's money.
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