HomeMy WebLinkAboutbocc.con.076.2006
CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
Originating DepartmentIDivision: SWC 416
Contact Person: Justina C. Potter
Project Name E-Waste: Service
Phone #: 923-3487
CONTRACT #: 076-2006
o BOCC AGENDA ITEM
(BOCC signature required)
[gJSTAFF AUTHORIZED SIGNATURE
(per Revised Procurement Code 7/2005)
Check procurement type:
DNone DInformal ~~Formal DSole Source DEmergency DState Bid D
Check Contract TYlle:
Dollar Amount: $10,000
Budget Line ItemlLedger Number 416.64.0.82008
[gJ Servi cesIMaintenanee
DLicense/U se
DLease
DConstruction
DGoods, Equipment, Supplies
DOther (e.g. revenue)
DEmp10yment (for county employees)
DIntergovemmental Agreement (Requires BOCC Action)
DNon-Profit
DQuasi-Public
DGrant Agreements (Requires BOCC Action)
DChange Order/Contract Amendment
Contractor/Business (Complete Name):Guaranteed Recycling Xperts.
Contract Execution Date:April1, 2006 Contract End Date: April 1, 2009
Automatic Renewal (y[JN~) Term ofContract:3year(s)
All Contracts should be proofed for the following:
[gJNo Pages Missing
[JIf a Page is Left Intentionally Blank -Note on Page
[gJPage numbered consecutively
[gJAll Signatures Affixed
[gJAll Dates Filled In
[gJAll Other Blanks Filled In
DAll Exhibits Attached
DAll Legal Descriptions Attached (if appropriate)
DNotice of Award/Proceed Attached (ifappropriate)
DSpecial Instructions for Finance Department:
[gJSent to Clerk and Recorder for Scanning! Archiving
~Authorized Staff Person's Name: Chris Hoofuagle
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF
PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY
FOR SCANNING.
Note: Clerk's Office willl keep original documents in compliance with Colorado State
Archives retainage schedule.
Amended 4-1 ] -06
1
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(-
Rev2//7/06dq
CONTRACT FOR PROVISION OF SERVICES
Contract # 076-2006
Budget Line Item #~ I b bL-f t 16 . 51 ZoOS
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Computer & Electronics Recycling, LLC DBA:
Guaranteed Recvc1ing Xperts, 4920 Washington Street, Denver, CO 80216 (hereinafter
"Contractor").
1. Term. The term of this contract is from April 1, 2006 to April 1, 2009. At the
expiration of the initial tenn, the contract may be extended for an additional term of 2 years by
the express written consent of both parties.
2. Contractor's Obligations.
a. Contractor will provide any materials necessary to label, transport, and dispose of
electronic equipment in a manner conforming to all Colorado and Federal laws
and regulations.
b. Contractor will provide services only during normal operating hours (M- Th 7:30
am- 3:00 pm.).
c. Contractor will provide services in accordance with their proposal.
d. Contractor will arrive within 14 days of notification by County, to provide waste
removal services. Waste will be picked up from where it is stored at the SWc.
Contractor will provide County itemized billing for waste picked up at the facility.
e. Contractor will dismantle material for RECYCLING unless otherwise approved
by County. All waste will be disposed of in a manner, which ensures proper
destruction of any information contained within the devices.
f. All materials will be shipped to and processed at the Denver GRX facility.
Unprotected labor shall not be used for the disassembly, management, or
processing of electronics.
g. Contractor will always dispose of or process wastes at a facility owned and
operated by the Contractor unless approval is received from the County. Prior
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written notification must be provided, and Pitkin County approval must be
obtained, when waste will be deposited in sited not owned by the Contractor.
Written notification must include name of proposed facility and reasons for using
a third party site. Pitkin County reserves the right to refuse use of any facility for
any reason.
h. All materials being processed will be kept within the United States.
1. Contractor will provide a disposition of material report to County noting all of the
materials received, how the materials were managed, including the percentage of
materials landfilled and the final destination of all materials. The report shall be
delivered to the County Compliance and Outreach Coordinator within 45 days of
the removal of waste from the County facility.
3. Compensation .md 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 specified in the proposal
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, with 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. Vendor hereby agrees to be responsible to Buyer for liquidated
damages for failure to provide services on time, (for delay and not as Penalty) in the amount of
$100.00 per calendar day for each day or part of a day that services are not delivered on the date
and time established in accordance with this contract. The parties agree that the stated sum is a
reasonable forecast of fair compensation for the anticipated damages for delay and that they
genuinely intend to liquidate such damages. Any such damages are to be deducted from the
invoice.
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 display 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. Justina Potter will manage the project as the County's Representative.
In the event that Justina Potter is not available, Dylan Hoffman 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
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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 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.
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 ofthis 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 rules ofthe American Arbitration Association and shall be presided over by the
Pitkin County Hearing Offic{:r appointed to arbitrate Pitkin County contract disputes. Costs of the
arbitration shall be awarded to the substantially prevailing party.
10. 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
11.
Integration and Modification.
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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
ofthis 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, indenmify 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
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 indenmity for bodily injury or property
damage arising from the sok negligence ofthe County or its employees.
B. The Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend, payor 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:
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability - ISO 1998 Form or equivalent
(With County named additional insured)
Each Occurrence Limit
General Aggregate Limit
Products/Completed Operations Aggregate Limit
$1,000,000.00
$2,000,000.00
$2,000,000.00
Comprehensive Form (All risks) to include (place X by applicable
provisions):
X_ Premises/Operations
Underground, Explosion & Collapse Hazard
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_K-
~K-
~K-
_K-
~K-
Products/Completed Operations
Contractual Liability
Independent Contractors and Subcontractors
Broad Form Property Damage
Personal Injury
3.
Business Auto Coverage:
Combined Single Limit Liability (each accident) $1.000,000.00
Including all owned, non-owned, and hired vehicles.
4. Special Coverages (check as appropriate and insert amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
X (8) Pollution Liability
Each Occurrence Limit $3,000,000.00
Annual Aggregate Limit $6,000,000.00
(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
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 aftecting 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 altened 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.
2. In addition, these Certificates of Insurance shall contain the
following clauses:
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.
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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 documt:nts 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 enforce 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 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.
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
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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.
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
being sent certified first class mail, postage prepaid, return receipt requested addressed as
follows:
A.
To Pitkin County
Justina C. Potter
76 Service Center Rd.
Aspen, CO 81611
(970)-923-2043
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
B. To Contractor:
Guaranteed Recycling Xperts
Mike Wright, President
4920 Washington Street
Denver, CO 80216
(720)-377-0496
IN WITNESS WHEREOF, the parties have executed this contract as ofthe date first set out
herein above.
CONTRACTOR:
ByrJ~
Title~e5{ Jt:-vr- 3/ 3'C::>/~c..
Date
PITKIN COUNTY:
/'I~~
By: L-{ I
Authorized SIgn
~11'i!IJ(,
Date
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ACORD~
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Six & Geving Insurance Inc
Denver Branch
225 Union Blvd. #575
Lakewood CO 80228
Phone: 720-962-0930 Fax: 720-5162-0942
CSR ES DATE (MMIDDIYYYY)
COMPU!l 03/15/06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED
INSURERS AFFORDING COVERAGE
INSURER A Hartford Insurance Company
INSURER B Pinnacol Assurance
INSURER C American Safety Insurance
INSURER D,
INSURER E.
Computer & Electronic:s
Recycling, LLC DBA:
Guaranteed Recycling Experts
4920 Washington St.
Denver CO 80216
NAIC#
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY P~RTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
lNSR'~rnn
~INSR[
LIMITS
TYPE OF INSURANCE
GENERAL L1A6ILITY
POLICY NUM6ER
POLICY EFFECTIVE' POLICY EXPIRATION
DATE (MMIDDNY) DATE (MMIDDNY)
A
X COMMERCIAL GENERAL LIABILITY
= -~ CLAIMS MADE ~ OCCUR
34SBAPI6517
09/21/05
09/21/06
AGG $
$
$
$
$
$
~ we SIAIU' I IOTF1-
~ITORY L1Mlrs I ,~
03/01/07 E.L. EACH ACCIDENT $100,000
E.L. DISEASE. EA EMPLOYEE $ 100,000
EL. DISEASE. POLICY LIMIT $ 500,000
EACH OCCURRENCE
UAMAlil::' I U KeN I t:.u
PREMISES (Ea occurence)
MED EXP (Anyone person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS. COMPIOP AGG
GEN'L AGGREGATE LIMIT APPLIES PER
-, nPRO. n
_ _ I POLICY JECT LOC
AUTOM061LE L1A61L1TY
A X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON.OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
09/21/05
09/21/06
34UECAK9024
BODILY INJURY
(Per person)
BODILY INJURY
(Per aCCident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
__ 1 ANY AUTO
EXCESS/UMBRELLA LIABILITY
:=l OCCUR 0 CLAIMS MADE
AUTO ONLY. EA ACCIDENT $
OTHER THAN
AUTO ONLY'
EACH OCCURRENCE
AGGREGATE
DEDUCTIBLE
RETENTION $
B
WORKERS COMPENSATION AND
EMPLOYERS' L1A61L1TY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERlMEMBER EXCLUDED?
~~Ett~r:~bO~s?6~s below
OTHER
4089960
03/01/06
$1,000,000
$ 300 ,000
$ 10,000
$1,000,00~
$2,000,000
$ 2,000,000
$1,000,000
$
$
$
EAACC $
12/07/06
C Pollution
12/07/05
Each Occ
Aggregate
CPL011637-05-01
DE~i>.IPTION OF OPERATIONS I LOCATIONS / VEHICLES I EJ(1;LUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Pitkin County Solid Waste Center is named as additional insured as
to General and Pollution liability. RE: Electronic waste disposal
for Pitkin County.
respects
services
3,000,000
6,000,000
CERTIFICATE HOLDER
CANCELLA TION
PITKI -1 SHOULD ANY OF THE ABOVE DESCRI6ED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
Pitkin County Solid Waste
Center
76 Service Center Road
Aspen CO 81611
Bob Mikkelson
ACORD 25 (2001/08)