HomeMy WebLinkAboutbocc.con.176.2006
CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #: 176-2006
Originating Department/Division: Communications Center
Contact Person: Mark Gamrat, Director
Project Name: Jail Security System Service Agreement
Phone #: x5317
D BOCC AGENDA ITEM
(BOCC signature required)
[8JSTAFF AUTHORIZED SIGNATURE
(per Revised Procurement Code 7/2005)
Check procurement type:
DNone Dlnformal DFormal DSole Source DEmergency DState Bid D
Check Contract Tvpe:
Dollar Amount: 5280.00
Budget Line Item/Ledger Number 001.39.00133.82610
[8J ServicesIMaintenance
DLicense/Use
DLease
DConstruction
DGoods, Equipment, Supplies
DOther (e.g. revenue)
DEmployment (for county employees)
Dlntergovernmental Agreement (Requires BOCC Action)
DNon-Profit
DQuasi-Public
DGrant Agreements (Requires BOCC Action)
DChange Order/Contract Amendment
ContractorlBusiness
Contract Execution
Automatic Renewal
Sierra Steel Company, LLC
Nov 1,2006
Yes
Complete Name:
Contract End Date: Oct 31,2007
Term of Contract: 4 years
All Contracts should be proofed for the following:
[8JNo Pages Missing
Dlf a Page is Left Intentionally Blank -Note on Page
DPage numbered consecutively
[8JAll Signatures Affixed
[8JAll Dates Filled In
[8JAll Other Blanks Filled In
[8JAll Exhibits Attached
DAll Legal Descriptions Attached (if appropriate)
DNotice of Award/Proceed Attached (if appropriate)
DSpecial Instructions for Finance Department: Budget transfer will be
completed soon
[8JSent to Clerk and Recorder for Scanning! Archiving
[8JAuthorized Staff Person's Name: Mark Gamrat
BY CHECKING ABOVE AND ENTERING NAME, THE 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.
Amended 10_16_06
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CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT is made and entered by and between the Pitkin County Jail ("County") and Sierra
Steel Company (hereinafter "Contractor").
1. Term. The term of this contract is from November 01, 2006 to October 31, 2007. At the expiration of
the initial term, the contract may be extended for an additional term of four years by the express written
consent of both parties.
2. Contractors Obligations. Contractor shall provide Service and Maintenance for the Pitkin County
Jail as outlined in Exhibit "A" attached.
3. Compensation and Exnenses. Invoicing. Pavment 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 bi-monthly payments for $880.00 will be paid for all services rendered including
travel and perdiem, in the event service extends beyond four hours additional services will be paid as by the schedule
in Exhibit "A". By contract or amendment, the County and Contractor may reallocate the budget among project
monthly 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. In the event the Contractor incurs time and expenses in
excess of the total compensation stated above, no compensation for said additional time and expenses shall be
required to be paid by the County without written amendment to this contract executed by the County.
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: I) reproduce the work; 2) prepare derivative works;
3) distribute copies to the public; 4) perform the work 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.
Mark Gamrat will manage the project as the County's Representative. In the event that Mark Gamrat is
not available, Jodi 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.
!h The parties to this contract intend tbat 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.
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Sh 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, agent, or servant in the course of completing work under this contract.
!h Contractor is not entitled to any Worker's Compensation benefits through Pitkin County and is
responsible for payment of any federal, state, FICA, and other income taxes.
8.
Assignablility. 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 arlsmg 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 rules of the American
Arbitration Association and shall be presided over by the Pitkin County Hearing Officer 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.
II. Integration and Modification.
!h This contract represents the entire and integrated contract between the County and Contractor and
supercedes 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
Contractors 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, 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 act, 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 sball 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.
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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 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
Products/Completed Operations
Contractual Liability
Independent Contractors and Subcontractors
Broad Form Property Damage
Personal Injury
X
X
X
X
X
3. Business Auto Coverage:
Combined Single Limit Liability (each accident) $ 1.000.000.00
Including all owned, non-owned, and hired vehicles.
4. Special Coverage's (check as appropriate and insert amount):
(I) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3) Aircraft Liability
(4) Owners Protective
(5) Builders Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof ofInsurance:
I. To provide evidence of the required insurance coverage, copies of Certificate 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 the 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. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not
be cancelled 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 coverage's, reserves established on account of such claims,
defense costs expended and amounts remaining on policy limits.
2. In addition, these Certificates ofInsurance shall contain the following Clauses:
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3.
4.
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.
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.
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.
Location of operations shall be: "all operations and locations at which work for the referenced Project is
being done."
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.
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.
b.
c.
d.
14. Exemotions and Preferences. All purchases of construction or building or ay other materials for this contract
shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and
documents concerning its performance relating to this contract for a period ofthree (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. Attornev's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract
beyond 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 provisions 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 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 ofthis contract
shall be construed to pledge or create a lien on any class or source or 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
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of receipt to the fax number below; or (3) within three (3) days of being sent certified class mail, postage
prepaid, return receipt requested addressed as follows:
A. To: Pitkin County Jail
530 E. Main Street
Suite 201
Pitkin, CO 81611
To Contractor:
Sierra Steel Company
Keith Thoene, Vice President
15820 W. 6th Avenue
Golden, CO 80401
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Exhibit "A"
Monday, October 16,2006
Pitkin County Jail Detention Equipment
Attention: Jodi Smith, Mark Gamrat, Don Bird
RE: Sierra Steel Monthly Technical Service & Maintenance Agreement
Sierra Steel Company would like to propose a comprehensive Monthly Technical Service
and Maintenance Program for the Pitkin County Detention System Controls Equipment.
This program includes the following Maintenance and Technical Services specifically
related to Detention System Controls to be conducted on a Bi-Monthly basis with visits
by a Qualified Sierra Steel Company Representative:
. Detention Hardware: including; Locking Devices, Door Positioning Indication
Switches, Detention Lock Cylinders, Internal Door Lock Wiring and Internal
Door Lock Components
. Detention Doors, Frames and Hinges
. All Controls Hardware: including; Switches, Push-Buttons, LED and Lamp
Indications.
. Closed Circuit Television Monitoring Systems: including; Cameras, Monitors,
Monitoring Control Stations, Digital Video Recording Equipment and Related
Software
. Intercom Systems and Voice Paging: including; Intercom Control Equipment,
Voice Amplification Equipment, Intercom Substations
. Computer Hardware and any Related Software Specifically Related to Detention
System Control: to include; Touch Screen Monitors, Related Desktop Computer,
UPS Battery Backup Systems, PLC Control Systems and Related Software
This agreement would allow Sierra Steel to perform visits on a monthly basis to your
facility to clean, lubricate and adjust all elements of the listed Detention Hardware as
recommended by hardware manufacturer, additionally, Sierra Steel would inspect and
perform preventive maintenance on all Electronic Controls equipment, including
CCTV, Intercom Paging Head End Equipment and all Computer Hardware directly
related to Control of Detention System.
Any necessary repair parts/components in excess of manufacturer warranty which
have failed during the course of normal usage will be at 10% below list price.
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Attached: Price Breakdown
Sincerely,
Sierra Steel Company
Martin Garcia
Maintenance Director
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Standard Price Breakdown Effective May 1, 2006
Monthlv Maintenance Contract Field Engineer/Service Technician Service Rates
Hourlv Rate Emergency:
Under Contract Non-Contract
One Hour Minimum/Billable per hour
$85.00 hr $105.00 hr
Hourlv Rate Bi-Monthly Visit Min. 4 hours
$65.00hr N/A
Telephone Consult/SuPport
First 30 minutes
Billable in 30 minute increments
N/C
$60.00 hr
$105.00 hr
$85.00 hr
Service Calls via Automobile
Standard Mileage Rate
Standard Rate (7:00AM-5:00 PM, Monday-Friday)
Overtime Rate (After 5:00 PM and Saturdays)
Overtime Rate (Sundays and Holidays)
$0.40 per mile
$50.00 hr $60.00 hr
$120.00 hr $135.00 hr
$135.00 hr $155.00 hr
Service Calls via Airplane
Standard Rate (7:00AM-5:00 PM, Monday-Friday) N/A
Overtime Rate (After 5:00 PM and Saturdays) N/A
Overtime Rate (Sundays and Holidays) N/A
Airfare. Rental Car. Lodging and Per-Diem
Airfare
Rental Car
Lodging
Per-Diem
N/A
N/A
Invoiced to Customer
$25.00 day $35.00 day
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