HomeMy WebLinkAboutresolution.council.033-09RESOLUTION #~
(Series of 2009)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND WASTE SOLUTIONS SETTING FORTH THE
TERMS AND CONDITIONS REGARDING WASTE REMOVAL AND
RECYCLING SERVICES AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Waste Solutions, a copy of which
contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Waste Solutions regarding waste
removal and recycling services a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager of the City of
Aspen to execute said contract on behalf of the City of Aspen.
Dated:
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution ado~ted b the City
Council of the City of Aspen, Colorado, at a meeting held, 2009.
~~
/~~-'"
Ka n S. Koch, City Clerk
City of Aspen
SERVICE AGREEMENT
THIS AGREEMENT made this 27th day of April, 2009, by and between the City of Aspen
("City")and the Vendor identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described hereinbelow
and Waste Solutions wishes to provide said services to the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the parties agree as
follows:
VENDOR
Wally Graham
Waste Solutions
1058 County Road 100, Unit B
Carbondale, CO 81623
970-963-1842
970-963-0583 Fax
DESCRIPTION OF SERVICE
Service shall include waste removal from compactors, dumpsters, and various small cans
throughout the downtown core and as well as recycling at all the locations in accordance with
Chapter 12.06 Waste Reduction of the Municipal Code of the City of Aspen, Ordinance #17,
2008. Waste Solutions shall provide the appropriate containers at each location with the
exception of locations with City owned containers.
DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED
The contract period is for a period of two (2) years period beginning either May 1" or November
1~`, 2009 and ending October 30, 2011.
LOCATIONS AND FREQUENCY OF SERVICE
Frequenry Date Service to
Location Compactor Dumpster per week Begin
• ARC 2 (two) - 4 yard 3 5/1/2009
• Yellow Brick Bldg 2 yard rear load 6 5/1/2009
approximately
' Parks 20 yard 13xperyear 5/1/2009
30 Waste Cans in the Downtown
Core 7 5/1/2009
Ice Garden 2 yard rear 3 5/1/2009
Recycle bin across from Zele 5/1/2009
Recycle bin in front of City Hall 5/1/2009
City Hall compactor 3 11/1/2009
455 Rio Grande 2 yard 3 11/1/2009
Recreation 2 yard rear load 1 11/1/2009
Wheeler compactor 3 11/1/2009
DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSATION
Waste Solutions shall provide a monthly statement to each City department for services
rendered. Waste Solutions shall not raise their prices during the contract period unless
authorization is given by the City of Aspen Attorney or the Purchasing office. Should the
City change the terms of the service, the Vendor will be allowed to negotiate the rates.
ARC 3 $50.38 $650.00
Yellow Brick Bldg 6 $21.31 $550.00
approximately
Parks 13xperyear 200+ 200
30 Waste Cans in the Downtown Core 7 $69.10 $2,080.00
Ice Garden 3 $15.50 $200.00
every other
Recycle bin across from Zele day $0.00 $0.00
every other
Recycle bin in front of City Hall day $0.00 $0.00
City Hall 3 $23.25 $300.00
455 Rio Grande 3 $15.50 $200.00
Recreation 1 $22.32 $96.00
Wheeler 3 $93.00 $1,200.00
Monthly Total $5,476.00
Waste Solutions prices include fuel surcharges, bear proof containers, and container repair if
needed. The prices do not include a tipping fee for Parks large roll off dumpster or bulks items
such bed frames, white goods, tires, or carpet. If recycle containers become contaminated to
the paint the items cannot be recycled; a $10 to $15 fee will be assessed to have the trash truck
pick up the contaminated items.
3
AMENDMENTS TO GENERAL CONDITIONS
The City of Aspen is a resort community that relies on its exemplary customer service and
impeccable beauty. It is imperative that trash removal and recycling services are conducted on a
timely basis and that trash is not left lying around after emptying the containers. The City will
conduct random weekly inspections to ensure servicing of each location. Waste Solutions shall
be notified immediately if any location fails the inspection and must service the location within
24 hours or less of notification. Waste Solutions will be placed on probation after 3 failures to
rectify/service locations. Inadequate servicing of the locations may result in contract
termination.
Waste Solutions shall maintain and provide a copy of the following certificates of insurance in
the amounts specified in Exhibit A: Automobile, Workman's Compensation, and General
Labiality.
The parties acknowledge and understand that this Service Agreement is, except as specifically
amended hereinabove, subject to all of the terms and conditions set forth in the City of Aspen
General Conditions for Service Agreements, a copy of which is appended hereto as Appendix "A"
and by this reference made a part hereof.
Having agreed to the above and foregoing, the parties hereto do affix their signatures.
City of Aspen: Waste Solutions:
Title:~~ ~Ida1.L~~~ Title: C~-.,~,-
EXHIBIT "A"
CITY OF ASPEN
GENERAL CONDITIONS
FOR
SERVICE AGREEMENTS
These General Conditions have been prepared by the City of Aspen to be incorporated by
reference into Service Agreements entered into between service providers ("Contractor") and the
City of Aspen ("City"). The provisions herein may be interrelated with standard provisions of the
Service Agreement customarily used by the City of Aspen to contract for services. A change in one
document may necessitate a change in the other.
Any amendments to the following terms and conditions mutually agreed to by the
Contractor and the City shall be specifically noted on the Service Agreement.
1. Completion. Contractor shall commence the provision of services as described in the
Service Agreement in a timely manner. Upon request of the City, Contractor shall submit, for the
City's approval, a schedule for the performance of Contractor's services which shall be adjusted as
required. This schedule, when approved by the City, shall not, except for reasonable cause, be
altered by the Contractor.
2. Payment. In consideration of the services provided, City shall pay Contractor the
amounts set forth in the Service Agreement. Contractor shall submit, in timely fashion, invoices for
services performed. The City shall review such invoices and, if they are considered incorrect or
untimely, the City shall review the matter with Contractor within ten days from receipt of the
Contractor's billing. Contractor's invoice shall be for the period ending the last day of each month
and submitted to the City no later than the 5th day of each month.
3. Non-Assisnability. Both parties recognize that this contract is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Contractor of any of the responsibilities
or obligations under this agreement. Contractor shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractor's officers, agents and employees,
each of whom shall, for this purpose be deemed to bean agent or employee of the Contractor to
the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any subcontractor unless agreed to in writing beforehand by the
City.
4. Termination. The Contractor or the City may terminate this Agreement upon thirty (30)
days notice, without specifying the reason therefor, by giving notice, in writing, addressed to the
other party, specifying the effective date of the termination.
The City shall have the right to terminate the Service Agreement upon three (3) days notice if
Contractor fails to comply with the terms and conditions set forth in Sections 1, 3, 5, 6, 7, 10, 13,
14, 16, 19 or 21. For breach of any other term and condition of the Service Agreement, City may
terminate the Service Agreement with ten (10) days prior notice to cure and failure by Contractor
to so cure.
No compensation shall be earned after the effective date of the termination. Notwithstanding the
above, Contractor shall not be relieved of any liability to the City for damages sustained by the City
by virtue of any breach of this Agreement by the Contractor, and the City may withhold any
payments to the Contractor for the purposes of set-off until such time as the exact amount of
damages due the City from the Contractor may be determined.
5. Covenant Against Contingent Fees. The Contractor warrants that s/he has not been
employed or retained any company or person, other than a bona fide employee working for the
Contractor, to solicit or secure this contract, that s/he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gifts or any other consideration contingent upon or resulting from the award or
making of this contract.
6. Eouipment, Materials and Supplies. Unless otherwise agreed to by the City, Contractor
shall acquire, provide, maintain, and repair at Contractor's expense such equipment, materials,
supplies, etc., as necessary for the proper conduct of the services to be provided in accordance
with the Service Agreement.
7. Contract Monitoring. Contractor agrees to allow City to reasonably monitor the services
to be provided in accordance with the Service Agreement.
8. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Contractor shall be, and shall perform as, an independent contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Contractor. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Contractor. Contractor shall be solely and entirely responsible for its acts and for the
acts of Contractor's agents, employees, servants and subcontractors during the performance of
this contract. Contractor shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Contractor and/or Contractor's employees engaged in the performance of the services
agreed to herein.
6
9. Indemnification. Contractor agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands,
on account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this Service Agreement, if
such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or
in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Contractor, any subcontractor of the Contractor, or any officer, employee, representative, oragent
of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen's
compensation claim of any employee of the Contractor or of any employee of any subcontractor
of the Contractor. The Contractor agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims or demands at the sole expense of the
Contractor, or at the option of the City, agrees to pay the City or reimburse the City for the defense
costs incurred by the City in connection with, any such liability, claims, or demands. The Contractor
also agrees to bear all other costs and expenses related thereto, including court costs and attorney
fees, whether or not any such liability, claims, or demands alleged are groundless, false, or
fraudulent. If it is determined by the final judgment of a court of competent jurisdiction that such
injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the
City, its officers, or its employees, the City shall reimburse the Contractor for the portion of the
judgment attributable to such act, omission, or other fault of the City, its officers, or employees.
10. Contractor's Insurance. (a) Contractor agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Contractor pursuant to Section 9 above. Such insurance
shall be in addition to any other insurance requirements imposed by the Service Agreement or by
law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 9 above by reason of its failure to procure or maintain insurance, or
by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Contractor shall procure and maintain Workmen's Compensation insurance to
cover obligations imposed by applicable. laws for any employee engaged in the performance of
work under the Service Agreement, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease -each employee. Evidence of qualified self-insured status may be
substituted for the Workmen's Compensation requirements of this paragraph.
(c) If the Service Agreement requires any insurance in addition to that referenced above at
subsections (a) and (b), or a particular type of coverage, Contractor shall procure and maintain,
and shall cause any subcontractor of the Contractor to procure and maintain, the minimum
insurance coverages referenced in the Service Agreement. All insurance coverages shall be
procured and maintained with forms and insurance acceptable to the City. All coverages shall be
continuously maintained to cover all liability, claims, demands, and other obligations assumed by
the Contractor pursuant to Section 9 above. In the case of any claims-made policy, the necessary
retroactive dates and extended reporting periods shall be procured to maintain such continuous
coverage.
(d) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory insurance to
that provided by Contractor. No additional insured endorsement to the policies required above
shall contain any exclusion for bodily injury or property damage arising from completed
operations. The Contractor shall be solely responsible for any deductible losses under any policy
required above.
(e) The certificate of insurance provided by the City shall be completed by the Contractor's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify the Service Agreement and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior written
notice has been given to the City.
(f) Failure on the part of the Contractor to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may terminate the Service Agreement as provided by Section 4 above, or at its
discretion City may procure or renew any such policy or any extended reporting period thereto
and may pay any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Contractor to City upon demand, or City may offset the cost of the premiums against
monies due to Contractor from City.
(g) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(h) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protection provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
11. Citv's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Contractor for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Contractor reasonable notice of any changes in its membership or participation
in CIRSA.
12. Waiver of Presumption. The Service Agreement was negotiated and reviewed through
the mutual efforts of the parties hereto and the parties agree that no construction shall be made
or presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Service Agreement.
13. Certification Regarding Debarment, Suspension, Ineligibility. and Voluntary Exclusion.
Contractor certifies, by acceptance of the Service Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that
vendor or any lower tier participant was unable to certify to this statement, an explanation was
attached to the Bid and was determined by the City to be satisfactory to the City.
14. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
Contractor warrants that no person or selling agency has been employed or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by the Contractor for the purpose of securing business.
Contractor agrees not to give any employee or former employee of the City a gratuity or
any offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering advice, investigation, auditing, or in any
other advisory capacity in any proceeding or application, request for ruling, determination, claim
or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or
proposal therefor.
Contractor represents that no official, officer, employee or representative of the City
during the term of the Service Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in the Service Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of the Service Agreement.
In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel the Service Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Contractor, vendor, or
sub-contractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the
value of anything transferred or received by the Contractor; and
4. Recover such value from the offending parties.
15. Termination for Default or for Convenience of Citv. The services contemplated by the
Service Agreement may be canceled by the City prior to acceptance by the City whenever for any
reason and in its sole discretion the City shall determine that such cancellation is in its best
interests and convenience.
16. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If the Service Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, the Service Agreement shall be contingent upon the availability of those funds
for payment pursuant to the terms of the Service Agreement.
17. City Council Approval. If the Service Agreement requires the City to pay an amount of
money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
18. Notices. Any written notices as called for herein may be hand delivered or mailed by
certified mail, return receipt requested to the respective person or address listed for the
Contractor in the Service Agreement.
19. Non-Discrimination: penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Contractor agrees to meet all of the requirements of City's municipal code, Section 13-
98, pertaining to non-discrimination in employment.
20. City of Aspen Procurement Code. Notwithstanding anything to the contrary contained
herein or in the Contract Documents, the Service Agreement shall be subject to the City of Aspen
Procurement Code, Chapter 3 of the Aspen Municipal Code.
21. Compliance With All Laws and Regulations. Contractor shall give all notices and
comply with all laws, regulations, and ordinances applicable to the provision of the services
contemplated by the Service Agreement. Contractor shall obtain all necessary business licenses
and permits, and shall pay all requisite occupation taxes levied by the City of Aspen upon persons
engaged in business within the City limits.
22. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant,
or condition of the Service Agreement can be waived except by the written consent of the City,
and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver
of any term, covenant, or condition to be performed by Contractor to which the same may apply
and, until complete performance by Contractor of said term, covenant or condition, the City shall
io
be entitled to invoke any remedy available to it under the Service Agreement or by law despite any
such forbearance or indulgence.
23. Execution of Service Agreement by City. The Service Agreement shall be binding upon
all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein, the Service Agreement shall not be
binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly
authorized official in his or her absence).
24. Illegal Aliens-CRS 8-17.5-101 & 24-76.5-101.
a. Pur ose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 and 06-1023 that added new statutes relating to the employment of
and contracting with illegal aliens. These new laws prohibit all state agencies and
political subdivisions, including the City of Aspen, from knowingly employing or
contracting with an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly employs or contracts with an illegal alien
to perform work under the contract. The new laws also require that all contracts for
services include certain specific language as set forth in the statutes. The following
terms and conditions have been designed to comply with the requirements of this new
law.
b. Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification 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.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports
that are merely incidental to the required performance.
c. By signing this document, Professional certifies and represents that at this time:
(i) Professional does not knowingly employ or contract with an illegal alien; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that it does not employ illegal aliens.
d. Professional hereby certifies that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails
to confirm to the Professional that the subcontractor shall not knowingly hire
new employees without confirming their employment eligibility for employment
in the United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (S) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to
undertake pre-employment screening of job applicants while the Public Contract
for Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within
three days that Professional has actual knowledge that the subcontractor
has newly employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if
during such three days the subcontractor provides information to
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establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation
that the Colorado Department of Labor and Employment undertakes or is
undertaking pursuant to the authority established in Subsection 8-17.5-102 (S),
C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears
or affirms under penalty of perjury that the Professional (1) is a citiien of the
United States or otherwise lawfully present in the United States pursuant to
federal law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and
(3) shall produce one of the forms of identification required by CRS 24-76.5-103
prior to the effective date of this Agreement.
25. General Terms.
(a) It is agreed that neither the Service Agreement nor any of its terms,
provisions, conditions, representations or covenants can be modified, changed, terminated or
amended, waived, superseded or extended except by appropriate written instrument fully
executed by the parties.
(b) If any of the provisions of the Service Agreement shall be held invalid, illegal
or unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) The Service Agreement shall be governed by the laws of the State of
Colorado as from time to time in effect.
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CERTIFICATE OF LIABILITY INSURANCE OP ID CS D^TE IMMmomrvl
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PRODUCER THIS CERTIFICATE IS ISSUED A3 A MATTER OF INFORMATION
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MqY PERTAIN. THE NSURANCE AF°ORDED BY?HE POIJCIES DESCRIBED HEREIN IS SJBJECT TO tiL THE TERMS, EXCLUSIONS PND CONDITIONS OF BUCY
POLICIES AGGREGATE LIMITS SBOWN MAY HAVE BEEPI REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE IMMIDDMI) DATE (MMlDDIW) LIMBS
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1 ,EACH OCCURRENCE $!000000
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CLAIMS MADE ~OCCJR ' M'DEXP (Any cne person) $SQQQ
PERSDNALa ADV INJJRY $ 1000000
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En ecntla~x)
31000000
' ' uL owNED Autos
BODILY IN.,URY $
SCHEDULED PUICS (Fer person)
HIRED AUTOS ~I '
'' BODILY IVJUPY ', 5
NONOWNEO AlJI05 i (°er eccitle~q
' PROPEP.TY DPMAGE $
. (Per a:.cidenp
GAR AGE LIABILRV AUTO ONLY-EA ACCIDEM $
ANYAUTU ~' EA ACC
OPFIER THMI $
AUTO ON_Y AGG $
E%LESSAIMBRELLA LIABILITY EACH OCCURRENCE $ 1000000
B occuR CuAIMS MADE 60330298 12/08/08 12/08/09 gGGREGATE $
~' $
DEDUCIBLE $
X RETENTION 310000 ' $
WORKERS LOMPENSATON AND
EMPLOYERS' LIABILITY TCRY LIMITS X ER
-
A I PITY PROPRIETORNARTNERIEXECUiNE 3527192 07 /Ol/OBI 07/01/09 EL EACH ACCIDENT 31,000,000
OFFICER/MEMBER EY.CWDED4
oyes describe under EL DISEASE-EA ENPLOYEE E1,000,OOO
SPECIAL PROVI90N5 oelow E L DISEASE - POJCV LIMIT ~ 3 1 , O OO , OOO
OTHER
8 Property Section 60330298 12/08/D8 12/08/09
B Equipment Floate 60330298 12/08/08 12/08/09
DESCRIPTON OF OPERATIONS I LOCATIONS I VEHICLES I E%LLUSIONS ADDED BV ENDORSEMEM I SPECIAL PROVISIONS
CITyASP SHOULD ANY OF THE gBOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATION
DATE THEREOF, THE ISSUING INSURER WLLL ENDEAVOR TO MAIL 10 DAYS WRITTEN
Clty o£ Aspen S Pitkin COURLy NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Fax: 920-5939
130 South Galena IMPOSE NO OBLIGATION OR LIABILRY of ANY KIND UPON THE INSURER, ITS AGEMS OR
Aspen CO 61611 REPRESENTATIVES.
A SENTA VE
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