HomeMy WebLinkAboutbocc.con.088.2005 CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND REC~! ~
SCANNING/ARCHIVING
Originating Department/Division:
Contact Person:
Project Name
Phone#:
Contract #:
BOCC AGENDA ITEM
(BOCC signature required)
STAFF AUTHORIZED SIGNATURE
(per Revised Procurement Code 7/2005)
Check procurement type:
None Informal
Check Contract Type:
Formal ~( Sole Source Emergency State Bid __
Dollar Amount:
~r_Services/Maintenance
License/Use
Lease
Construction
__Goods, Equipment, Supplies
__Grant Agreements (Requires BOCC Action)
__ Change Order/Contract Amendment
Other
___Employment (for county employees)
Intergovernmental Agreement (Requires BOCC Action)
Non Profit
__.Quasi-Public
Contractor/Business (Complete Name):
Contract Execution Date:
Automatic Renewal (Y/N):
Contract End Date:
Term of Contract
year(s)
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 (if appropriate)
Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
AuthOrized ta~ff Person Date: ~//~/t~ ~~'-
Signature of authorized staff person indicates 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.
Revised b, dodi 8'18 05
Rev 07/13/05 dq
SERVICES - such as: Goats, striping, weed spraying, tree trimming, signs, landscaping, consultants,
printing, mailing, internet, haulers, testing, transportation, processing, banking/investment, routine
services. M:/county/procuremenff$10,OOOto$49,999/contract services
CHECKLIST: --
X Obtain budget and approval for project; determine line item account number
X When payment is made to individuals who use social security numbers as taxpayer ID, Finance
needs a copy of the Contract up to the signature page, regardless of the contract amount.
(m:/county/procurement/forms)
X For new service providers, Finance will need a completed W-9 before any invoice will be paid.
(m:/county/procurement/forms)
X Work Comp waiver form, when needed (m:/county/procurement/forms) See Risk Management
Narrative under m:/county/procurement/forms.
X Determine scope of work and criteria for selection (this will assure all proposers will receive the
same information)
X Determine selection method: informal procurement; state bid; emergency; sole source; or other
exception. For informal procurement, proceed with soliciting informal proposals, with
documentation (memo provided). For other methods, forms are on m:/county/procuremenffother
procurement
X Select proposer and complete necessary forms
Obtain contract number from clerk's office
_X Prepare written contract and include scope of work
X Notice of Award, with original contract signed only by Procurement Officer, is given to the
selected proposer for signature and execution
N/A Notify other proposers of selection (by telephone or Sorry letter under
m :/county/procurement/forms)
X Contract with required signatures and insurance are received back from the proposer and routed to
the necessary internal staff for signature and approval
)~ if project is within budget and was on the BOCC approved project list- there is no need for BOCC
signature on contract, lf it is over budget or the scope changes significantly - MO1 will need to go
to the BOqC
if using the standard contract forms without any changes there is no need for Risk or Attorney
signature. If anything non-standard is in the contract you must add Risk and Attorney to signature
page of contract.
X
The fully executed original contract with all attachments must be sent to Clerk's Office (Jeanette
Jones) for scanning; complete clerk's checklist and attach to contract.
(m:/county/procurement/forms)
All Change Orders and/or Contract Amendments must be sent to the Clerk's office for scanning.
N/A If over $25,000 - a Purchase Requisition with proper signature should be filied out mad sent to
Finance.
Final service received (Do not authorize final payment until you are satisfied that the contract has
been fully and satisfactorily completed.)
Final invoice received by Finance, approved by procurement officer, and paid by Finance.
TO:
FROM:
RE:
DATE:
INFORMAL PROCUREMENT
MEMORANDUM*
File
Debe Nelson (procurement officer)
Consulting for finance department - sole source
August 15, 2005
Description of Project: The Pitkin Cotmty Finance office has requested consulting services to
assist in a review of the current procedures and documenting current procedures. As procedures
are discussed, the consultant is to provide suggestions as to how processes can be streamlined
and simplified to provide efficiencies to the departmental operations. Policies will also be
discussed and documented, where appropriate, with a goal to the new organizational philosophy
into these policies.
Budget: 25,000
Reason for sole source: Christine Stouder was selected as a sole source provider due to her
experience with the County's financial software through her experience with the City of Aspen.
Christine has broad experience in the governmental accounting field and was available to help
with this assignment. Turnover in the department and the need for the finance director to take a
leave of absence required a quick turnaround for this task.
Department Head Section L~a'der
M../county/procurement/proc_memo
* For sole source, emergencyprocurement or state bid, use designated forms on the m/drive
under "Other procurement" instead of this form.
Rex,. 06/20/05
CONTRACT FOR PROVISION OF SERVICES
Contract# O~b' -5l~:
Line Item Account # t5~9/,//~ .- c~ 3//~,. ~>p49~t~
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Christine Stouder (hereinafter "Contractor").
1. Term. The term of this contract is bom August 16, 2005 to December 31, 2005.
At the expiration of the initial term, the contract may be extended for an additional term of one
year by the express written consent of both parties.
2. Contractor's Obligations. The Pitkin County Finance office has requested consulting services
to assist in a review of the current procedures and documenting cmxent procedures. As
procedures are discussed, the consultant is to provide suggestions as to how processes can be
streamlined and simplified to provide efficiencies to the departmental operations. Policies will
also be discussed and documented, where appropriate, with a goal to the new organizational
philosophy into these policies. It is a~eed that the County will pay hotel expenses and a daily
meal per diem will also be paid. The billing rate for services provided in August will be $80 per
hour and any services rendered after August will be billed at $110 per hour.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and Schedule set out in
Paragraph 2. It is expressly understood and agreed that in no event will the total compensation and
reimbursement to be paid hereunder exceed the sum of $25,000 for all services rendered. By
contract or amendment, the County and Contractor may reallocate the budget among project tasks if
the total budget amount remains unchanged. Contractor shall invoice for the project monthly based
on hours worked, wit~ payment expected within thirty (30) days of invoice, but any payment by the
County may be offset by any amount the Contractor owes the County for any reason
4. County's Exclusive Ownership of Work Product. Drawings, specifications,
guidelines and other documents prepared by Contractor in connection with this contract shall be
the property of the County. However, Contractor shall have the right to utilize such documents
in the course of its marketing, professional presentations, and for other business purposes.
Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant
to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3)
distribute copies to the public; 4) perform the works publicly; and 5) to disp}ay the work
publicly. Contractor shall have right to use materials produced in the course of this contract for
marketing purposes and professional presentations, articles, speeches and other business
purposes.
5. Pitkin County's Obligations, Pitkin County shall administer this contract through
a County Representative. Debe Nelson will manage the project as the County's Representative.
In the event that Debe Nelson is not available, Tom Jagow or Hilary Smith shall assume the
County Representative's duties. The services provided and products delivered 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.
6. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this contract, with or without cause, by giving written notice to the Contractor of such
termination and specifying the effective date thereof. Such notice shall be given at least ten (10)
days before the effective date of such termination. In such event all finished or unfinished
documents, data, studies and reports prepared by the Contractor pursuant to this contract shall
become the County's property. Contractor shall be entitled to receive compensation in
accordance with the contract for any satisfactory work completed pursuant to the terms of this
contract prior to the date of termination. Not withstanding 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.
7. 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 defmed 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
Pitldn County and is responsible for payment of any federal, state, FICA and other income
taxes.
8. 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.
9. Binding Arbitration. Any disputes arising out of this contract shall be subject to
binding arbitration. The parties agree that any disputes concerning the terms and conditions of this
contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the roles of the American Arbitration Association and shall be presided over by the
Pitkin County Heating Officer appointed to arbitrate Pitkin County contract disputes. Costs of the
arbitration shall be awarded to the substantially prevailing party.
10. SeverabiliW. 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
11. 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
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.
12. 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, judg-
ment, expenses, costs (including costs of investigation and defense), fees (including reasonable
attomey 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 indenmity shall not be construed as an indemnity for bodily injury or property
damage arising t~om the sole negligence of the County or its employees.
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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.
13. 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 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:
Statutory Workers' Compensation: Colorado statutory minimums
Commercial General Liability - ISO 1998 Form or equivalent
(}Vith County named additional lnsured)
Each Occurrence Limit $ N/A
General Aggregate Limit $ N/A
Products/Completed Operations Aggregate Limit $ N/A
Comprehensive Form (All risks) to include (place X by applicable
provisions): Premises/Operations
Underground, Explosion & Collapse Hazard
Products/Completed Operations
Contractual Liability
Independent Contractors and Subcontractors
Broad Form Property Damage
Personal Injury
Business Auto Coverage:
Combined Single Limit Liability (each accident) $
Including all owned, non-owned, and hired vehicles.
N/A
Special Coverages (check as appropriate and insert amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3) Aimraft Liability
(4) Owner's Protective
(5) Builder's Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
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(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insmance:
1. To provide evidence of the required insurance coverage, copies of
Certificates of Insurance in a form acceptable to the County shall be filed with the County through
the representative identified in Paragraph 5, no later than ten (10) calendar days prior to com-
mencement 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. 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
Procurement Officer. (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 Procurement Officer 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.
following clauses:
2. In addition, these Certificates of Insurance shall contain the
a. 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.
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 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.
14. Exemptions. All purchases of construction, 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.
15. 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.
16. 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.
17. Attorney's Fees. In the event that legal action is necessary to enfome any of the
provisions of this contract beyond the arbitration described in Paragraph 9, the substantially
prevailing party shall be entitled to its costs and reasonable attorney's fees.
18. 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 $150,000.00 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 Pitki~ 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.
19. 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 mone~.
20. Notice. Any written notice required by this contract shall be deemed delivered
through 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
9
being sent certified first class mail, postage prepaid, return receipt requested addressed as
follows:
To Pitkin County
Debe Nelson
Pitkin County Finance
530 East Main Street, Suite 201
Aspen, Co 81611
Phone: 970-950-5220
Fax: 970-920-5230
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
To Contractor:
Christine Stouder
2192 Standing Rock Drive,
Grand Junction, Co 81503
Phone - 970-314-0153 (cell)
Fax - 970-254-1776
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
CONTRACTOR:
By:
Title
Date
PITK1N COUNTY:
~ht'hori~e~l SigfiCr
PITKIN COUNTY:
Risk l~lanage c-~O .Date
10
ForlT1 W-~) Taxpayer Identification NUmber Request ReV ~; 20~J · Fo~, pa~rlt' i !~:athe)i! than! interest div dends o[ Fo m 099 8g oas proceeds
To: Account Number: ..
provide your correct Social $ccta'iW Number or Eatp[oycr [dcnt~fica~on Nurabcr to us.
If you do not provide us ~vit-b tl~is'information, your payments may be subject to 28%
federal mcotne tax hackup wi~hholdh~g. Also, if you do riot provide us with this
hfformafio~, you may be subject to a $50 pen~ty dnposed by the h~tern~ Revenue
Federal law on backup w[thholdh~g preempB any s~ate or local law remedies, ~uch
as any right ~o a meclmnic's lien. if you do not fm'nish a valid TiN, or il ~ou are subject
to backup ~dthhol~g, H~c payor is requir~ ~o withhold 28% of its pa~nm~t to you,
Backup withhotding is aot a failure to pay you. It is an advanc~ tax payment. You
should report ail backup will, holding as a credit for ~axes paM on },our federal income
Instructions: 1. Complete Part I by completing the one row of boxo~
that corresponds to your tax sro tus.
2. Complete Part 2 if you are exempt from Form 1099 reporting.
3. Complete Part 3 by filling in all lines
4. Return this completed form to us in the endosed envelope.
Use this form anly if you are a U.$ person (including U,
resident alien).
if you ale a foreign person, use the appropriate Form VV*[
If you were a nonresident alien and have now become
resident alien, re.ad the note below and attach a stateme
Jf necessary
Note to U.S. Resident Aliens who formerly were
Nonresident Aliens:
I[ thele is a taz treaty between the U S. and your cou nt~ anP
Part I - Tax Status. (complete onlv one row O~ boxes)
Sole Proprietor
(or an LLCwith
(Fill out th~ row.)
Partnership
{or ~n LLC with
rnulliple owners):
(Fill out this row.)
Corporation, or
Tax-Exempt
Entity:
(Fill out this row,)
Part 2 - Exemption: If exempt from Form 1099, reporting, check your qualifying e~(emption reason below:
[] Corporation [] Tax Exempt Entity The United States
Note that there,s n_gcorporate under5Ol(a)(includes [] oranyofitsagencies [] Astate, the District of
Part 3 - Signature: I am a U.S: person including a U.S resdent alien).
Person completing this form: ~.t~t)'TI~LIE ~-$7:~)[Z~-7~ ~,
hx correspondence address: ZlgZ ~J;~ ~( br,~
Phone: ( ~0 ) 3~-015~
Please return this form in the enclosed envelope. Thank you for your cooperation.
Pitkin County Risk Management Department
Workers' Compensation Waiver
for Individuals
I, t/~J-.d p. ~J~ , as sole proprietor or
partner of .d/t' (business name),
represent that I have no person or persons in my employ, but that I shall obtain and
maintain workers' compensation protection pursuant to those insurance
requirements as set forth in the Workers' Compensation Act of Colorado (Articles
40 to 54 of Title 8 of the Colorado Revised Statutes) for any and all persons as I
may employ in performing any work in the future. I shall also require any
subcontractor as I may contract with or obtain for any work to maintain workers'
compensation protection for its employees.
Date signed
Signature of Contractor
/5
Print on letterhead
Date:
NOTICE OF AWARD
The Owner, having duly considered the Proposal submitted on I].~f,~ff . for the work covered by the
Contract Document titled '~[tt~t~'g. et~'it~dltJfi)'~.t4~ in the amount of fl~t -{o/Jr. re,,,~,~ PJ-5?)OL)
~ and it appearing that the Price and other information in your Proposal Form is fair,
equitable and to the best interest of the Owner, the offer in your Proposal Form is hereby accepted.
In accordance with the terms of the Contract Documents, you are required to execute the Agreement in
one (1) copy within ten (10) consecutive days from and including the date of this Notice of Award.
In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance
with the requirement for insurance as stated in the Contract Documents to Procurement officer, address,
fax.
PITKIN C/(fi UN~/I
By: ./~/~4~ .~/,~
Procurement Officer
By
Title
ACCEPTANCE OF NOTICE .........................
Receipt of the above Notice of Award is hereby acknowledged
~ /6- ~ this Iq day of ~4~rk,~, 2005.
12