HomeMy WebLinkAboutresolution.council.040-22 RESOLUTION #040
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ASPEN TREE SERVICE. AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
Arboricultural Plant Health Care Services between the City of Aspen and Aspen
Tree Service, a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
Arboricultural Plant Health Care Services, between the City of Aspen and Aspen
Tree Service, a copy of which is annexed hereto and incorporated herein and does
hereby authorize the City Manager to execute said agreement on behalf of the City
of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 12" day of April 2022.
WA&
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, April 12''', 2022.
cG�
Nicole He ing, City Clerk
DocuSign Envelope ID:AC3E3EEC-7461-4Eo4-94FD-A1C81522367C
lr�:Yfk
t
c�a�p
CITY OFASPEN
CITY OF ASPEN GENERAL AS NEEDED SERVICES AGREEMENT
Project Number: 2022-045
THIS AGREEMENT made this 24 day of February, 2022, by and between the City of
Aspen("City")and the Contractor identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described
hereinbelow and Contractor wishes to provide said services to the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the parties agree as
follows:
CONTRACTOR
NAME:Aspen Tree Service
ADDRESS: 15450 Hwy 82 Carbondale,CO 81623
CONTACT PERSON:David Deyarmond
PHONE NUMBER:970-963-3070
EMAIL:david@mynspentree.com
DESCRIPTION OF SERVICE
Arboricultural Plant Health Care Services
Description of Services
The City of Aspen manages pests and diseases according to integrated pest management practices.
Some services such as aphid control and fertilization are requested to be bid preventatively while other
services are on an as-needed basis as issues arise. Due to the broad range of potential pests and host
interactions and the ever-changing/dynamic nature of pest and disease control,the city may request
consultation for identification and pest control solutions. General types of pest control and fertilization
application methods to be provided are broken down into individual bullets.
The City of Aspen requires 90%control of targeted pest populations,alleviation of nutrient deficiencies
and disease symptoms. This standard is what the insect control/fertilization contractor will be held to
in pest/disease control and fertilization services.
1. Mechanical Control: Physical removal of the pest or plant part containing the pest
1. Landscape Pest Control: IPM management of plants affecting woody plants in the right-of-way
and parks.
DocuSign Envelope ID:AC3E3EEC-7461-4E04-94FD-A1C81522367C
2. Fertilization: Liquid soil injection drench or granular application of fertilizer for woody plants.
3 . Trunk Iniection: Liquid injection of systemic pesticide or fertilizer/nutrients into the sapwood.
4. Foliar Spray Application: Application of pesticide(s)for targeted pest or disease control.
5. Dormant oil application: Applications of horticultural oil to twigs and/or branches.
6. Consultation:The contractor provides services identifying pests or biotic/abiotic disorders and
prescribes targeted treatment solutions for remediation. The contractor may need to send
samples to labs/extension services for analysis and provide a report summarizing results.
7. Parking Permits: The contractor is responsible for obtaining permits to work in the city right-of-
way.
8. Tree Inventory/Work Order Updating: Provide prompt, regular and accurate updating of the
City of Aspen's Tree inventory and Work Order Management software system Tree Plotter via
field or office devices,as work is completed. See Equipment 1.d under the Special
Requirements heading below. The city will provide the appropriate login credentials,
permissions and training for crew leaders to complete updates as necessary.
Special Requirements
The successful vendor of the Arboricultural Plant Health Care Services contract must meet the following
special requirements designed to provide the highest quality and most efficient services.
1. Equipment-Possess the following equipment capable of performing all required tasks.
a.300-gallon minimum tanker sprayer,and appropriate personal and public safety
equipment in excellent working condition free of leaks or mechanical damage.
b.Adequate backpack sprayers,hand sprayers,and appropriate personal and public
safety equipment in excellent working condition free of leads or mechanical
damage.
c.Trunk and soil injection equipment.
d.Smart phones or tablets for field use capable of updating the City of Aspen Tree
Inventory&Work Order Management system "Tree Plotter" by Plan-IT Geo.
2. Certifications: Hold a valid State of Colorado commercial applicators license and must
meet all the requirements of the code of the Colorado Pesticide Applicator's Act.
Additionally the contractor must employ at least one(1)Qualified Supervisor licensed
to apply each category below. (one Qualified Supervisor can cover more than one
category).
a. Turf Pest Control(206)-Colorado Department of Agriculture
b. Forest Pest Control(106)-Colorado Department of Agriculture
c. Ornamental Pest Control(207)-Colorado Department of Agriculture
d. Range Land Pest Control(107)—Colorado Department of Agriculture
9. Complete Prune: Thinning the tree's crown to increase light penetration and air movement,
removal of crossing and interfering branches, removal of dead,dying, broken, and diseased
branches, removal of branches to obtain appropriate clearance around structures,streets,and
2
DocuSign Envelope ID:AMBEEC-7461-4E04-94FD-AlC81522367C
sidewalks,and removal of branches to improve or create appropriate structure. This applies to
%:inch and greater diameter branches and all final cuts shall be made according to ANSI A300.
10. Crown Clean: The removal of dead,dying, diseased, broken,crossing/interfering, poorly
attached,and insect-infested branches with diameters of%inch and greater.
11. Selective Prune: The removal of selected branches,storm-damaged limbs or other specialized
pruning for trees and shrubs as determined by the City Forester.
12 . Crown Restoration: The removal of selected branches to improve and/or restore
structure in trees significantly damaged by storms, previous pruning,or vandalism.
13. Crown Raise: The removal of the lower branches from a tree to provide clearance for buildings,
vehicles,and pedestrians. It is desired that clearance over sidewalks be 8 feet and clearance
over streets be 14 feet.
14. Removal: The complete removal of a tree,this includes the removal of all wood unless
otherwise specified,as well as removal of the stump to a depth of no shallower than 9 inches
unless otherwise specified.
15. Consultation:
a.Provide qualified expert analysis of a variety of tree related issues including
assessing tree risk,diagnosis of pests and diseases,tree protection on
construction projects,training and education,storm incident management.
b.Provide in-house consultation in the event the City Forester is absent or unable
to perform his/her role in advising the City of Aspen as to critical and/or time
sensitive tree related decisions. See#2 in Special Requirements section.
16. Planting:The complete planting/installation of a tree. This includes planting of balled and
burlapped trees from 1"-4"caliper,and any removals or site remediation associated with the
tree planting. Trees will be planted per the current City of Aspen Tree Planting Standards Detail
(Exhibit E),and will be mulched,staked and"watered in"(initial watering settling soil to remove
air pockets). Nursery stock must meet current ANLA/ANSI Z60.1 standards.
17. Emergency Services:
a.Provide emergency tree trimming and removal services within 6 hours during
summer field season(May-October)and within 12 hours in winter field season
(November-April). The contractor must provide a 24-hour contact which the
City will call in the event of an emergency tree situation. This may include
responding to and mitigating partial or whole tree failures(tree trimming or
removal),conflicts with public or private infrastructure, response to tree
damages or failures associate with storms or natural disasters.
b. In the event of a large storm or natural disaster event causing widespread
damage,the contractor must have the ability to run a minimum of three full
trim crews at once with each crew consisting of a bucket truck and chipper,an
ISA Certified Arborist and ground crew of at least two people. Response times
will be the same as bullet"a."above,and ongoing services as described above
shall be provided until all requested hazard mitigation work is complete and/or
the city's critical/core services are restored.
3
DocuSign Envelope ID:AMEMEC-7461-4E04-94FD-AlC81522367C
18. Pneumatic Soil Excavation: Provide non-intrusive pneumatic soil excavation/removal services
to expose root systems.
19. Parkins Permits: The contractor is responsible for obtaining permits to work in the city right-of-
way.
20. Traffic Control: Conduct and arrange for appropriate traffic control with City,County,and/or
State when necessary for work adjacent to rights-of-way(ROW). Traffic control operations
must meet all City,County,and/or State standards. The contractor will provide a dedicated
ground safety person or persons for projects such as high-traffic or limited visibility areas
designated as needed and/or requested by the City adhering to ANSI A300 and Z133 standards.
21. Tree Inventory/Work Order Updating: Provide prompt, regular and accurate updating of the
City of Aspen's Tree inventory and Work Order Management software system "Tree Plotter" by
Plan-IT Geo via field or office devices,as work is completed. See Equipment 1.i. under the
Special Requirements heading below. The city will provide the appropriate login credentials,
permissions and training for crew leaders to complete updates as necessary.
Special Requirements
The successful vendor of the Tree Trimming and Removal contract must meet the following special
requirements designed to provide the highest quality and most efficient services.
3. Equipment-Possess the following equipment capable of performing all required tasks.
a.75-foot aerial boom in good operating condition with a copy of current OSHA
safety certification.
b. High-capacity forestry body chip truck designed to contain at least 9 yards of
chip waste.
c. High-capacity knuckle boom/crane designed to handle and transport large
pieces of wood waste quickly and efficiently.
d.Trailer mounted stump grinder with a minimum 12-inch flywheel in good
operation condition.
e. Brush chipper with a minimum 14-inch diameter wood waste capacity in
good operating condition.
f.Standardized safety equipment including large traffic control hazard signs, 24-
inch traffic control cones,and all personal safety equipment adequate for
meeting the ANSI Z133 and A300 standards.
g. Diverse sizing of chainsaws in excellent operating condition.
h.An air knife tool specifically engineered and specified for excavation around
tree roots and a tow behind air compressor operating between 120-165 cfs
with which to operate the air knife tool.
i.Smart phones or tablets for field use capable of updating the City of Aspen
Tree Inventory&Work Order Management system "Tree Plotter" by Plan-IT
Geo.
4. Certifications: Preference will be given to the contractor who has full time staff with
one or more of the following qualifications:ASCA Registered Consulting Arborist, ISA
Municipal Specialist, ISA Board Certified Master Arborist,ISA TRAQ.
4
DocuSign Envelope ID:AC3E3EEC-7461-4EO4-94FD-A1C81522367C
5. Climbing: Provide complete trim services as outlined in standards for trees of up to 90
feet in height. All climbers must be experienced and climbing gear must adhere to ANSI
A300 and Z133 standards.
DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED
The contract will be for a period of three (3) years with two (2) one-year options to renew if both
parties are agreeable. The contract will begin April 2022. The City will allow an annual price
increase based on CPI for years two and three,and the renewals if exercised.
The City does not guarantee a minimum dollar value per work order, per year or throughout the
contract period. The maximum dollar amount per calendar year shall not exceed $150,000.00
without City written approval prior.
DESCRIPTION OF AMOUNT,METHOD OR MANNER OF COMPENSATION
Cost of Services
Hourly rates based on a one-person crew and a spray truck are as follows, with the exception of
trunk injections, which is based on a one-person crew, pickup truck and injection equipment.
Chemicals will be billed at cost +5% for shipping and handling fees. If an aerial lift truck is
needed for foliar applications of large trees, it will be billed at$130/hour.
1. Mechanical control: $110.00/hour
2. Landscape pest control: $140.00/hour
3.Tree fertilization: $140.00/hour
4. Trunk injections: $125.00/hour
5. Soil injections: $140.00/hour
6.Foliar spray applications: $140.00/hour
7.Consultation: $150.00/hour
8. Parking Permits: Will be billed at our cost
9. Tree Inventory/Work Order Updating: $50.00/hour
5
DocuSign Envelope ID:AC3E3EEC-7461-4EO4-94FD-A1C81522367C
Billing/Invoicing
Invoicing shall be provided in an organized detailed format as follows.
- Proposals and invoices will reference the work order number from Tree Plotter unless one
is not provided by the city. All invoices originating from the same work order will be
invoiced together to minimize the number or invoices.
- Upon receiving notification of acceptance of a work order as complete,the contractor will
email invoices to the project manager(the City Forester)on a bi-weekly basis (every two
weeks on the same day of the week eg. a Wednesday). This will be organized in the form
a period of service statement detailing invoices from the previous two weeks since the
last statement.
- The City's project manager will accept jobs as complete via The Tree Plotter Work Order
system, and the contractor's admin/billing staff will be emailed notifying that the Work
Order has been closed indicating acceptance of work.
- There shall be no fees for incorrect billing or partially completed/unapproved services
provided. The city shall provide payment within the agreed upon terms.
- Invoices shall include cost details per including time, location and description of services
provided, and unit costs per the contracted rate.
AMENDMENTS TO GENERAL CONDITIONS
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 L�aro-
Cont ` PT;Igned by:
igned by:
By: Off By:
Title: city Manager Title: President
Date: 4/19/2022 1 3:17:24 PM PDT Date: 2/25/2022 1 9:03:48 AM MST
Approved as to form:
6
DocuSign Envelope ID:AC3E3EEC-7461-4E04-94FD-A1C81522367C
City Attorney's Office
General Conditions Special Conditions can be found on City of
Aspen Website.
https: //www.cityofaspen.com/497/Purchasing
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-Assignability. Both parties recognize that this Service Agreement 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 Service Agreement. Contractor shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractor's officers,
7
DocuSign Envelope ID:AC3E3EEC-7461-4E04-94FD-A1C81522367C
agents and employees, each of whom shall, for this purpose be deemed to be an 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 Service 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 Service Agreement,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 Service Agreement.
6. Equipment, 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 Service 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 Service
Agreement. 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 Service Agreement. Contractor shall indemnify City against all liability and
8
DocuSign Envelope ID:AC3E3EEC-7461-4E04-94FD-A1C81522367C
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.
9. Indemnification. Supplier 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 contract, to the extent and
for an amount represented by the degree or percentage 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 wrongful act, omission,
error, professional error,mistake,negligence, or other fault of the Supplier, any subcontractor of the
Supplier, or any officer, employee, representative, or agent of the Supplier or of any subcontractor
of the Supplier, or which arises out of any workmen's compensation claim of any employee of the
Supplier or of any employee of any subcontractor of the Supplier. The Supplier 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 Supplier, 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. 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 Supplier 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) Worker's Compensation insurance to cover obligations imposed by applicable laws
for any employee engaged in the performance of work under this contract, and Employers'Liability
insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident,
ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION
DOLLARS ($1,000,000.00)disease - each employee. Evidence of qualified self-insured status may
be substituted for the Worker's Compensation requirements of this paragraph.
(c) Commercial General Liability insurance with minimum combined single limits of
TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS
($3,000,000.00)aggregate. The policy shall be applicable to all premises and operations.The policy
shall include coverage for bodily injury, broad form property damage (including completed
operations), personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The policy shall include
9
DocuSign Envelope ID:AC3E3EEC-7461-4E04-94FD-A1C81522367C
coverage for explosion, collapse, and underground hazards. The policy shall contain a severability
of interests provision.
(d) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS
($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with
respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in
performance of the services. The policy shall contain a severability of interests provision. If the
Contractor has no owned automobiles, the requirements of this Section shall be met by each
employee of the Contractor providing services to the City under this contract.
(e) 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.
(f) 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 insur-
ance, 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.
(g) 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.
(h) 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 Service
Agreement 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.
(i) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
10
DocuSign Envelope ID:AC3E3EEC-7461-4EO4-94FD-A1C81522367C
0) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this Service Agreement, 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. City'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, Ineli ig bility, 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 Service Agreement 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 Service 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.
u
DocuSign Envelope ID:AME3EEC-7461-4E04-94FD-AlC81522367C
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 Service Agreement 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 City. 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$50,000.00 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
Service Agreement. Contractor agrees to meet all of the requirements of City's municipal code,
Section 15.04.570,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
12
DocuSign Envelope ID:AC3E3EEC-7461-4EO4-94FD-A1C81522367C
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 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. Worker Without Authorization prohibited—CRS &8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session,the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(I1I)as it relates to the employment of and contracting with a"worker without
authorization"which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Consultant who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires 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.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
1. "E-verify program"means the electronic employment verification program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress,
as amended,that is jointly administered by the United States Department of Homeland Security
and the social security Administration, or its successor program.
2. 'Department program"means the employment verification program established
pursuant to Section 8-17.5-102(5)(c).
3. "Public Contract for Services"means this Agreement.
4. "Services"means the furnishing of labor,time, or effort by a Consultant or a
subconsultant not involving the delivery of a specific end product other than reports that are
merely incidental to the required performance.
5. "Worker without authorization"means an individual who is unable to provide evidence
that the individual is authorized by the federal government to work in the United States
By signing this document, Consultant certifies and represents that at this time:
13
DocuSign Envelope ID:AC3E3EEC-7461-4EO4-94FD-A1C81522367C
1. Consultant shall confirm the employment eligibility of all employees who are newly
hired for employment to perform work under the public contract for services; and
2. Consultant has participated or attempted to participate in either the e-verify program or
the department program in order to verify that new employees are not workers without
authorization.
Consultant hereby confirms that:
1.Consultant shall not knowingly employ or contract with a worker without authorization
to perform work under the Public Contract for Services.
2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the
Consultant that the subconsultant shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Consultant has confirmed the employment eligibility of all employees who are newly
hired for employment to perform work under the public contract for services through
participation in either the e-verify program or the department program.
4. Consultant shall not use the either the e-verify program or the department program
procedures to undertake pre-employment screening of job applicants while the Public Contract
for Services is being performed.
If Consultant obtains actual knowledge that a subconsultant performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Consultant shall:
1.Notify such subconsultant and the Owner within three days that Consultant has actual
knowledge that the subconsultant is employing or subcontracting with a worker without
authorization: and
2.Terminate the subcontract with the subconsultant if within three days of receiving the
notice required pursuant to this section the subconsultant does not stop employing or contracting
with the worker without authorization; except that Consultant shall not terminate the Public
Contract for Services with the subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed or contracted with a
worker without authorization.
Consultant 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 (5), C.R.S.
If Consultant violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
14
DocuSign Envelope ID:AMEMEC-7461-4E04-94FD-AlC81522367C
Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising
out of Consultant's violation of Subsection 8-17.5-102, C.R.S.
It is agreed that neither this 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.
If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
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.
26. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
15