HomeMy WebLinkAboutbocc.con.020.2007
CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #:~';20-2007
Originating Department/Division: Airport
Contact Person: David Ulane
Project Name: Public Outreach Survey
Phone #: 429-2853
D BOCC AGENDA ITEM
(BOCC signature required)
ISISTAFF 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: $27,850.00
Budget Line Item/Ledger Number 404.67.0.82050
ISI Services/Maintenance
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
VSR, Inc
2/1/07
N
Complete Name: Linda Venturoni
Contract End Date: 12/31/07
Term of Contract: 10 mos
All Contracts should be proofed for the following:
ISINo Pages Missing
ISIlf a Page is Left Intentionally Blank -Note on Page
ISIPage numbered consecutively
ISIAIl Signatures Affixed
ISIAIl Dates Filled In
ISIAIl Other Blanks Filled In
ISIAIl Exhibits Attached
DAll Legal Descriptions Attached (if appropriate)
DNotice of AwardIProceed Attached (if appropriate)
DSpecial Instructions for Finance Department:
ISISent to Clerk and Recorder for Scanning/Archiving
ISIAuthorized Staff Person's Name: David Ulane
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
\
Rev8/28/06dq
CONTRACT FOR PROVISION OF SERVICES
Contract # 020-2007
Budget Line Item # 404. 67.00000.82050
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Venturoni Surveys and Research (hereinafter
"Contractor").
1. Term. The term of this contract is from February 1, 2007 to December
31, 2007. At the expiration of the initial term, the contract may be extended for an
additional term of two years by the express written consent of both parties.
2. Contractor's Obliqations. Contractor shall conduct a public survey, including
data compilation, as outlined in Exhibit A. Additional public outreach, communications
consulting, survey, and related public information tasks for the County may be implemented
separately through amendments to this Contract.
3. Compensation and Expenses, Invoicinq, Payment and Offset. The County
shall compensate Contractor for its services in accordance with Exhibit A, or other
amendments to this contract. County shall pay 50% of the fee outlined in Exhibit A at the
start of the project, and the remaining 50% upon completion.
4. County's Exclusive Ownership of Work Product. Drawings, specifications,
guidelines, artwork, designs, and other all documents, prepared by Contractor in
connection with this contract shall be the property of the County. 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. Additionally, Contractor shall provide the County electronic copies
of all data and information collected under this contract in a format viewable/usable by
County without the need for specialized computer software, as determined by the
County's representative.
5. Pitkin County's Obliqations. Pitkin County shall administer this contract
through a County Representative. David Ulane will manage the project as the County's
Representative. In the event that David Ulane is not available, Pat Bingham 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.
Page 1 of 10
A
'0"
J
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
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. AssiQnabilitv. 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. Bindinq 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 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.
Page 2 of 10
1
)
-'
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. Inteqration 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, judgment, expenses, costs (including costs of investiga-
tion 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, 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 and the County, 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
Page 3 of 10
4
2.
3.
4.
Commercial General Liability-ISO 1998 Form or equivalent
(With County named additional insured)
Each Occurrence Limit $1.000.000.00
General Aggregate Limit $2.000.000.00
Products/Completed Operations Aggregate Limit
$2.000.000.00
1-
1-
X
1-
1-
1-
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)
$1,000,000.00
Including all owned, non-owned, and hired vehicles.
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
(8) Pollution Liability
(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 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 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
Page 4 of 10
~
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.
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 reason-
able 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.
Page 5 of 10
~
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 Obliqations. The parties acknowledge and agree that any
payments provided for hereunder or requirements for future appropriations shall
constitute only currently budgeted expenditures of Pitkin County. Pitkin County's
obligations under this contract are subject to Pitkin County's annual right to budget and
appropriate the sums necessary to provide the services set forth herein. No provisions
of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal
year beyond the then current fiscal year of Pitkin County. No provision of the contract
shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt
or other financial obligation of Pitkin County within the meaning of any constitutional or
statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin
County to make any payments beyond those appropriated for Pitkin County's then
current fiscal year. No provisions of this contract shall be construed to pledge or create
a lien on any class or source of Pitkin County's moneys, nor shall any provision of this
contract restrict the future issuance of Pitkin County's bonds or any obligations payable
from any class or source of Pitkin County's money.
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
David Ulane
Aspen/Pitkin County Airport
0233 E. Airport Rd.
Aspen, CO 81611
Page 6 of 10
'1
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
B. To Contractor:
Linda Venturoni
Venturoni Surveys and Research
422 Idlewild Dr.
Dillon, CO 80435
21. Compliance with House Bill 06-1343.
A. In compliance with House Bill 06-1343, amending Title 8 of the Colorado
Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for
Services, enacted by the General Assembly of the State of Colorado, the Contractor
shall not:
1. Knowingly employ or contract with an illegal alien to perform work
under this contract or;
2. Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract.
B. In compliance with House Bill 06-1343 enacted by the General Assembly of the
State of Colorado:
1. The Contractor shall verify or attempt to verify through participation
in the Basic Pilot Program [created in Public Law 208, 104th Congress, as
amended and expanded in Public Law 156, 108th Congress, as amended, that is
administered by the United States Department of Homeland Security] that the
Contractor does not employ any illegal aliens and, if the Contractor is not
accepted into the Basic Pilot Program prior to entering into this contract, the
Contractor shall apply to participate in the Basic Pilot Program every three
months until the Contractor is accepted or this contract has been completed,
whichever is earlier. This provision shall not be required or effective if the Basic
Pilot Program is discontinued.
2. The Contractor shall be prohibited from using Basic Pilot Program
procedures to undertake pre-employment screening of job applicants while this
contract is being performed.
3. If the Contractor obtains actual knowledge that a subcontractor
performing work under this contract knowingly employs or contracts with an
illegal alien, the Contractor shall be required to:
Page 7 of 10
~
a. Notify the subcontractor and the County within three days
that the Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
b. Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to subparagraph (a) of
this paragraph (3) the subcontractor does not stop employing or
contracting with the illegal aliens; except that the Contractor shall not
terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has
not knowingly employed or contracted with an illegal alien.
4. The Contractor shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an investigation that
the Department of Labor and Employment is undertaking pursuant to the authority
established in Subsection (5) of C.R.S. 9 8-17.5-102.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set
out herein above.
CONTRACTOR:
By:__~!.~_tLf1ll41_~ ,;JtLl{Y;/M/; Su/l) ryS rf ~s.-~;(y-k/ ;:X{>.
Title_lfflJdflJf------d~f I L ])::1__
Da
PITKIN COUNTY:
Q/
Authorized Signer
-Z/"?:../rJ-
Date
By:
Page B of 10
~
Exhibit A
Venturoni Surveys & Research
Proposal for Aspen/Pitkin County Airport Survey
2/15/07
Scope of Services
1. VSR met with the client on 1/12/07 to determine sample frames to be used, methodology and
approximate costs for the survey.
a. This proposal for the Aspen/Pitkin County Airport Survey includes the following sample
frames:
i. Pitkin County Assessor List: Pitkin County Homeowners, both local homeowners
and second homeowners. (Results will include separate tallies for each.) Mailing
of 1500
ii. Pitkin County Voter Registration List: Mailing of 1500
iii. Personal Interviews at the airport conducted by Pitkin County staff: Number to
be determined
iv. Telephone survey of Roaring Fork Valley residents (outside of Pitkin County) to
determine if they use the Aspen/Pitkin County Airport. If yes, they will be asked
to participate in either the internet or paper version of the survey instrument.
380 completed telephone interviews
2. Client will provide sample frame lists to VSR.
3. VSR will select the samples from the sample frames
4. VSR will conduct a Test of the survey instrument once it is in the final draft stage. Client will
recruit 10-12 persons representative of the sample frames; schedule the testing session (2 hours),
provide lunch (and any other incentives to encourage participation) and one staff person to assist
in the proceedings.
5. VSR will finalize survey instrument (Post-test)
6. Client and VSR will finalize cover letter. Client will provide logo and appropriate signatures.
7. VSR will send 1st survey letter
a. Cover letter with web page address and ION
8. Client will help increase the response rate by building awareness of the survey:
a. Articles in local newspaper
b. Radio interviews
c. Phone calls
d. Note: Do NOT print web page address in any PR items
9. 2nd Mailing (If response rates from 1st mailing do not meet projected numbers)
a. Cover letter with web page address and ION
b. Paper version of survey
c. Postage paid return envelope
10. VSR will provide Survey data entry
1 L VSR will perform Survey analysis
12. Survey report
a. Survey book with all results - Master Copy - 1 Large Notebook
b. Summary books for each council member (8 Small Notebooks) (Additional small
notebooks can be purchased for $50.00 each.)
13. VSR will present survey findings
a. VSR PowerPoint presentation with full survey findings
i. One presentation included in survey package price
b. Additional presentations charged at VSR hourly rates, as appropriate.
Page 9 of 10
\b
14. Payments:
a. 50% payment upon signing of contract
b. Remaining 50% upon completion of final report. Payments due within 30 days of receipt
of the invoice. Any invoice that remains unpaid after thirty (30) days shall accrue
interest at the rate of 1.5% per month.
Approximate time frame for internet/mail survey:
Task: Time:
Instrument Design
Survey/Sample Preparation
Data Collection
Preparation for Analysis
Anal sis Re ort
2-4 weeks
2-3 weeks
4-6 weeks (2 waves)
4-6 weeks
3-4 weeks
Approximate Costs for mail survey:
Task: Costs:
$1,500
$1 500
$2 350
$1 500
$1,000
$7 000
$9,000
$4,000
Total Cost for SUrve
$27 850
Page 10 of 10
\\