HomeMy WebLinkAboutbocc.con.018.2001 CONTRACT X l
EIAF-#4009
Revised May 1, 1996 DEPARTMENT OR AGENCY
CY T l
Severance Tax Fund F•V, + L
CONTRACT ROUTING NUMBER
APPROVED BY BOCC
ON PM1 CONTRACT
5+. e
THIS CONTRACT, made this Z day of .�A,16 '6 2001, by and between the State of
Colorado for the use and benefit of the Department of Local Affairs. 1313 Sherman Street, Denver, Colorado
80203 hereinafter referred to as the State, and the Board of County Commissioners. County of Pitkin. 506 E.
Main Street. Aspen. Colorado 81611 , hereinafter referred to as the Contractor.
WHEREAS,authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1�
Appropriation Code Number 127 Org. Unit FBAO GBL s,cocJ Contract Encumbrance
Number F01134009 : and
WHEREAS, required approval, clearance and coordination have been accomplished from and with
appropriate agencies;and
WHEREAS, the State desires to assist local governments and political subdivisions of the State that are
experiencing social and economic impacts resulting from the development of energy and mineral resource
industries in Colorado; and
WHEREAS, pursuant to 39-29-101 to 116, C.R.S., 1982 Rep.Vol., the Local Government Severance Tax
Fund has been created, which fund is administered by the Department of Local Affairs herein referred to as the
"Department", through the Energy and Mineral Impact Assistance program; and
WHEREAS, pursuant to section 39-29-110(1)(a) and (b)(1) C.R.S.(1982), as amended, the Executive
Director of the Department is authorized to distribute funds from the Local Government Severance Tax Fund to
those political subdivisions socially or economically impacted by the development, processing, or energy
conversion of minerals and mineral fuels for the planning, construction, and maintenance of public facilities and
for the provision of public services; and
WHEREAS, the Contractor, a political subdivision eligible to receive energy/mineral impact assistance,
has applied to the Department for assistance; and
WHEREAS, the Executive Director of the Department desires to distribute said funds pursuant to law; and
WHEREAS, the Executive Director is willing to provide assistance in the form of a grant from the Local
Government Severance Tax Fund to the Contractor for the Project upon mutually agreeable terms and conditions
as hereinafter set forth;
NOW THEREFORE, it is hereby agreed that:
1. Scope of Services. In consideration for the monies to be received from the State, the Contractor shall
do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements
as indicated in the"Scope of Services", set forth in the attached Exhibit A, hereinafter referred to as the"Project."
Work performed prior to the execution of this Contract shall not be considered part of this Project.
2. Responsible Administrator. The performance of the services required hereunder shall be under the
direct supervision of Shellie Harpers n employee or agent of the Contractor, who is hereby designated as the
administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this Project, all
work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge
and the State receives notification of such replacement assignment.
Page 1 of 7 Pages
3. Time-of Performance. This Contract shall become effective upon the proper execution of this
Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this
Contract and shall be undertaken and performed in the sequence set forth in the "Time of Performance" Section
contained in the attached Exhibit A. Expenses incurred by the Contractor in association with said Project prior
to execution of this Contract shall not be considered eligible expenditures for reimbursement from the State.The
Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that
completion of the Project shall occur no later than the completion date set forth in the "Time of Performance"
Section of Exhibit A.
4. Authority to Enter into Contract and Proceed with Project. The Contractor assures and warrants that
it possesses the legal authority to enter into this Contract. The persons signing and executing this Contract on
behalf of the Contractor do hereby warrant and guarantee that they have full authorization to execute this
Contract. In addition, the Contractor represents and warrants that it currently has the legal authority to proceed
with the Project, or, if the structure of the Project is such that a decision by the electorate is required, the
Contractor has held such an election and secured the voter approval necessary to allow the Project to proceed.
5. Compensation and Method of Payment.
Grant Funds: Method of Payment. In consideration for the work and services to be performed
hereunder, the State agrees to provide to the Contractor a grant from the Local Government Severance Tax Fund,
in an amount not to exceed THIRTY THOUSAND AND NO/100-------- Dollars( $ 30,000.00 ). The method
and time of payment of such grant funds shall be made in accordance with the "Payment Schedule" set forth in
Exhibit A.
6. Reversion of Excess Funds to the State.
a) Any State funds not expended in connection with the Project shall be remitted to the State upon
completion of the Project or a determination by the State that the Project will not be completed.
b) It is expressly understood that if the Contractor receives funds from this Contract in excess of
its fiscal year spending limit, all such excess funds from this Contract shall revert to the State. Under no
circumstances shall excess funds from this Contract be refunded to other parties.
7. Financial Management. At all times from the effective date of this Contract until completion of this
Project, the Contractor shall maintain properly segregated accounts of State funds, matching funds, and other
funds associated with this Project. All receipts and expenditures associated with said Project shall be documented
in a detailed and specific manner, and shall be in accordance with the "Budget" Section set forth in Exhibit A.
Contractor may adjust individual budgeted expenditure amounts up to the limitations set forth in Paragraph 8.b)of the
main body of this Contract without approval of the State. Any budgetary modifications that exceed the limitations set
forth in Paragraph 8.b)must adhere to procedures set forth in Paragraph 8.c)in order to modify the Contract budget.
8. Modification and Amendments.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be required
by changes in federal or state law or regulations. Any such required modifications shall be incorporated into and be
part of this Contract as if fully set forth herein.
b) Programmatic or Budgetary Changes. This Contract has a simplified Change Letter procedure for
modifying this Contract for the following reasons:
i) unless otherwise specified in the Scope of Services,when cumulative budgetary line
item changes exceed Twenty Thousand Dollars ($20,000.00);
ii) when any budget transfers to or between administration budgetary categories are
proposed;
iii) when the scope, objective or completion date of the Project changes as determined
by the Department;
iv) when additional or less State funding is needed;
v) when there are additional federal statutory or regulatory compliance changes in
accordance with Paragraph 23 of the Original Contract.
Page 2 of 7 Pages
Under such circumstances,the Department's approval is not binding until memorialized in a fully executed Change
Letter as specified in subparagraph c).
c) Chance Letter Process. Contractor must submit a written request to the Department if programmatic
or budgetary modifications are desired. Paragraph 5, Compensation and Method of Payment; Paragraph 23.
Compliance with Applicable Laws; and Exhibit A, Scope of Services, may be modified by Change Letter,signed by
the State and the Contractor. Upon proper execution and approval,such Change Letter shall become an amendment
to the Contract,effective on the date specified in the Letter. No such Change Letter shall be valid until approved by
the State Controller or such assistant as he may designate. All other modifications to this Contract must be
accomplished through amendment to the Contract pursuant to fiscal rules and in accordance with subparagraph 8A).
d) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract
other than as set forth in subparagraphs b)and c)above,written notice of the proposed modification shall be given
to the other party. No such modification shag take effect unless agreed to in writing by both parties in an amendment
to this Contact property executed and approved in accordance with applicable law. Any amendment required per this
subparagraph will require the approval of other appropriate state agencies,e.g.Attorney General, State Controller,
etc.
9. Audit
a) Discretionary Audit The State,through the Executive Director of the Department,the State Auditor,
or any of their duty authorized representatives,inducting the right to hire an independent Certified Public Account of
the StaWs choosing, or the federal government or any of its property delegated or authorized representatives shall
have the right to inspect,examine.and audit the Contractor's(arid any subcontractors)records..books,accounts and
other relevant documents. Such discretionary audit may be requested at any, time and for any reason from the
effective date of this Contract until five (5) years after the date final payment for this Project is received by the
Contractor, provided that the audit is perfomled during normal business hours.
b) Mandatory Audit Whether or not the State calls for a discretionary audit as provided above,the
Contractor shag include the Project in an annual audit report as required by the Colorado Lord Government Audittaw,
C.RS.973,29-1-601,gi=and the Single Audit Act of 1984,Pub.L 98-50Z and Federal and State implementing
rules and regulations. Such audit reports shag be simultaneously submitted to the Department and the State Auditor.
Thereafter.the Contractor shag supply the Departmentwith copies of an correspondence from the State Auditor related
to the relevant audit report If the audit reveals evidence of noncompliance with applicable requirements, the
Department reserves the right to institute compliance or other,appropriate proceedings notwithstanding any other
judicial or administrative actions filed pursuant to C.RS. 1973 29-1-607 or 29-1-608.
10. Personnel. The Contractor shag perform its duties hereunder as a Contractor and not as an employee
of the State. Neither the Contractor nor any agent or employee of the Contractor shall be deemed to be an agent or
employee of the State. Contractor shall pay when due all required employment taxes and income tax withholding,shall
provide and keep in force worker's compensation (and show proof of such insurance) and unemployment
compensation insurance in the amounts required bylaw,and shag be solely responsible for the ads of the Contractor,
its employees and agents-
The Contractor is responsible for providing Worker's Compensation Coverage and Unemployment
Compensation Coverage for all of its employees to the extent required by law, and for providing such coverage for
themselves. In no case is the State responsible for providing Worker's Compensation Coverage for any employees
or subcontractors of Contractor pursuant to this agreement,and Contractor agrees to indemnify the State for any costs
for which the State may be found liable in this regard.
11. Contractor An Independent Contractor. Contractor shall be an independent Contractor and shall have
no authorization,express or implied,to bind the State to any agreements, settlements, liability or understanding except
as expressly set forth herein
12. Conflict of Interest. The Contractor shall comply with the provisions of C R S 18-8-308 and C.R.S.24-18-
101 through 24-18-109
13. Contract Suspension. If the Contractor fails to comply with any contractual provision,the State may, after
notice to the Contractor, suspend the Contract and withhold further payments or prohibit the Contractor from incurring
additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in
accordance with provisions herein. The Slate may determine to allow such necessary and proper costs which the
Page 3 of 7 Pages
Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and
reasonable for the conduct of the Project
14. Contract Termination. This Contract may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly recogn¢e that the Contractor
is to be paid, reimbursed,or otherwise compensated with funds provided to the State for the purpose of contracting
for the services provided for herein,and therefore,the Contractor expressly understands and agrees that all its rights,
demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the
State. In the event that such funds or any part thereof are not received by the State,the State may immediately
terminate or amend this Contract.
b) Tem inalion for Cause. If,through any cause,the Contractor shall fag to fulfill in a timely and proper
manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or
stipulations of this Contrail,the State shall thereupon have the right to terminate this Contract for cause by giving
written notice to the Contractor of such termination and spedfying the effective date thereof,at least twenty(20)days
before the effective date of such termination. In that event, all finished or unfinished documents, data, studies,
surveys,drawings,maps,models,photographs,and reports or other material prepared by the Contractor under this
Contract shall,at the option of the State.become its property,and the Contractor shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other materials.
Notwithstanding the above,the Contractor shag not be relieved of fiabsty,to the State for any damages
sustained by the State by virtue of any breach of the Contract by the Contractor.and the State may withhold any
payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State
from the Contractor is determined.
c) Termination for Convenience. The State may temdrude this Contract at any time the State
determines that-the purposes of the distribution of State monies under the Contract would no longer be served by
completion of the Project The State shag effect such termination by giving written notice of termination to the
Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such
termination. In the event of termination for convenience,all finished or unfinished documents and other materials as
described in subparagraph 14.b) above shall, at the option of the State,become its property. If the Contract is
terminated by the State as provided herein.the Contractor will be paid an amount which bears the same ratio to the
total compensation as the services actually performed bear to the total services of the Contractor covered by this
Contract,less payments of compensation previously made: Provided,however.that if less than sixty percent(60%)
of the services covered by this Contract have been performed upon the effective date of such termination, the
Contractor shall be reimbursed(in addition to the above payment)for that.portion of the actual out-of-pocket expenses
(not otherwise reimbursed underthis Contract)incurred by the Contractorduring the Contact period which are directly
attributable to the uncompleted potion of the services covered by this Contract
15. Integration. This Contract as written, with attachments and references, is intended as the complete
integration of all understanding between the parties at this time and no prior or contemporaneous addition,deletion
or amendment hereto shag have any force or effect whatsoever,unless embodied in a written authorization or contract
amendment incorporating such changes,executed and approved pursuant to applicable law.
16. Severability. To the extent that this Contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of the Contract,the terms of this Contract are severable, and should
any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall
not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be
construed as waiver of any other term nor as waiver of a subsequent breach of the same term.
IT Binding on Successors. Except as herein otherwise provided,this agreement shall inure to the benefit
of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns.
18. Assignment. Neither party, nor any subcontractors hereto, may assign its rights or duties under this
Contract without the prior written consent of the other party. No subcontractor transfer of Contract shall in any case
release the Contractor of liability under this Contract.
19. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties
understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which
may require continued performance or compliance beyond the termination date of the Contract shall survive such
Page 4 of 7 Pages
temmination.date and shall be enforceable by the State as provided herein in the event of such failure to perform or
comply by the Contractor or its subcontractors.
20. Successor in Interest In the event the Contractor is an entity formed under intergovernmental agreement
and the project is for the acquisition,construction or reconstruction of real or personal property to be used as a public
facility or to provide a public service,the Contractor warrants that it has established protections that ensure that, in
the event the Contractor entity ceases to eudst, ownership of the property acquired or improved shall pass to a
constituent local government or other eligible governmental successor in interest so that the property can continue
to be used as a public facility or to provide a public service.
21. Non-Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules,
regulations and Executive Orders of the Governor of Colorado invohring nondiscrimination on the basis of race,color,
religion,national origin,age, handicap or sex In compliance with Paragraph 5 of the Special Provisions section of
this Contract, Contractor agrees to consider minorities or minority businesses as employees, specialists, agents,
consultants or subcontractors under this Contract Contractor may util¢e the expertise of the State Minority Business
Office within the Office of the Governor for assistance in complying with the nondiscrimination and affirmative action
requirements of this Contract and applicable statutes.
22. Mimft Business Enterprise Parfidp; It is the policy of the State of Colorado that minority business
enterprises shall have the maidmum practicable opportunity to participate in the performance of its construction grant
contracts. The Contractor agrees to use its best efforts to pry out this policy to the fullest extent practicable and
consistent with the efficient performance of this Contract As used in this Contract, the tern "minority business
enterprise"means a business,at least fifty percent(50%)of which is owned by minority group members,or, in the
case of publicly owned businesses,at least fifty-one percent(51%)of the stock of which is owned by minority group
members. For the purposes of this definition, minority group members are Negroes or Blade Americans, Spanish-
speaking Americans,Asian Americans,American Indians,American Eskimos and American Aleuts. The Contractor
may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority
enterprises and need not conduct an independent investigation.
23. Compliance with AZAmble laws. At all times during the performance of this Contract,the Contractor
shall strictly adhere to all applicable Federal and State laws that have been or may hereafter be established.
Page 5 of 7 Pages
G
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This Contract shoe not be deemed valid udi it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.
This provision is applicable to any contrail involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations dthe State ofColorado payable aiterthe anent fecal year are contingent upon hinds for that purpose being appropriated.budgeted
and otherwise made available.
BOND REQUIREMENT
3. If this Contract involves the payment of more than filly thousand dollars for the construction.erection.repair.maitenance,or improvement of any
building.road.bridge,viaduct,to neL excavation or otherpub6ewak brats State,the Contractor shalt before entering upon the performance of any such
work included in this Coc*acL duly execs and delivered the Sete Official who will sip the Contact,a good and sufficient bond or other acceptable so"
to be approved by said official In a penal am not less than one4a9 of Ow total amount payable by the tens of this Contract Such bond shag be duly
executed by a qualified corporate surety.conditioned upon the faMdd pedamaroe of the Contract and In addition,shall provide gal I the Contractor or
his subcontractors fall to duly pay for any labor,materials,team hke,sustenance,provisions,proveMor a other supplies used or consumed by such
Contractor or his subcontractor in performance of the work contracted to be done or falls to pay any person who supplies rental machinery,tools.or
equipment in the prosecution of the work the surely will pay the same In an amount tool exceeding the sum specified in the bond,together with interest at
the rafedeigltperoent pa.aneu . I1 I such bond Is enecutK delivered and fled.no Win in favor of the Contractor arising under such contract shag
be sudted,alloaed erpod.A certified oreashieft deck or a bank aoney order payablb to the Treasurer of the Sate of Colorado maybe accepted in feu
of a bad. This provision is in conpfianos with CRS 7626.106.
INDEMNIFICATION
4. Tope extent authorized bylaw.the Contractor shall indaanilfy,am and hold harmless the State,is employees and agents.against any and an daims.
damages.Wbifdy and tout swards irhdin ass.expenses.and attorney fees kuamed as a result of any ad or omission'by the Contractor.or its
employees.agents.subcontractors.or assignees pursuant to do terms of fhls Contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
S. TheContractor agrees to comply with the letter and spirit of Ne Colorado MOdisai ination Act of 1957.as amended.and other applicable law
respeclM discrimination rand adav employment poctxx(CRS 243s-402).and as required by Executive Oder.Equal Opportunity and Affirmative Adios,
dated Apr916,1975. Pursuant fhemfo.fee tbsoafrg provision sha0be cardeiedia all State maacts orsub-oaneads
During the performance or this Contrail,the Contractor agrees as follows
(a) The Contractor wig not dsaiminate against any employee or applicard for employment because of race.creed.color.national origin.sink,marital
stalls.rcfgi im ancestry.mental or physical handicap.or age. The Contractor will take affinmtiw action to inure that applicants am employed.and that
employees are treated during employment.without vegand to the above mentioned characteristics Such action shall ixkde but not be fsnited to the
following: .employment,kpgradn9.demofon%or trarsfer.recruitment or recruitment advMsigs.ay-offs or rennin stiorg-,rates of pay or odw bons of
coo pensai and selectionn for training,in tuft applee6reshp. This Contractor to post in conspiouo s places,available to employees and applicants
for enVbyrteent,notices to be provided by the contracting officer setting forth provisions of this non-dsaimiution clause
(b) The Contactor will.in at solicitations or advertisements for employees paced by or on behalf of the contractor,sate that an qualified applicants win
receive consideration for employment without regard to race,creed,color,national origin,sex,marital status, religion,ancestry,mental or physical
handicap.or age.
(c) The Contractor win send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding.notiop to be provided by the coribactm officer,advising the labor union or workers representative of the Contractors commitment under
the Executive Order,Equal Opportunity and Affirmative Action,dated April 16.1975.and of the rules.regulations,and relevant Orders of the Govemor.
(d) The Contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
16.1975.and by the odes,regulations and Orders of the Governor.or pursuant thereto,and will permit access to his books,records,and accounts by
the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations
and orders.
(e) A labor organization will not"dude any individual otherwise qualified from full membership rights in such labor organization,or expel any such
individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity.because Of race.
creed,color,sex,national origin,or ancestry.
(f) A Labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any au defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this conlrad or any order issued thereunder or attempt either directly
or indirectly.to commit any ad defined in this contract to be discriminatory.
Form 6-AC-02B
Revised 7197
395-53-014022
Page 6 of 7 Pages
(g) In the event of the Contractors noncompliance with the non-discrimination clauses of this contract or with any such rules,regulations,or orders,this
contract maybe canceled,terminated or suspended In whole or in part and the contractor maybe declared ineligible for further State contracts In accordance
with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,regulations or orders promulgated
in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity
and Affirmative Action of April 16, 1975,or by rules,regulations or orders promulgated in accordance therewith,or as otherwise provided by law.
(h) The Contractor will include the provisions of paragraphs(a)through(h)in every sub-contrail and subcontractor purchase order unless exempted by
roles,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be
binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting
agency may direct,as a means of enforcing,such provisions,including sanctions for non-compliance;provided,however,that in the event the Contractor
becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the Contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
so. Provisions of CRS 8-17-101 &102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken
hereunder and are financed in whole or in part by State funds.
b. When a construction contrail for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident
bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.
If it Is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would
otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent
necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement
of this contract Any provision of this contractwhether or not incorporated herein by reference which provides forarbltration by any extra-judicial body orperson
or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in an provision incorporated herein
by reference which purports to negate this orany other special provision in whole or in part shall be valid or enforceable or available in any action at law whether
by way of complaint,defense,or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this
contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established.
9. Pursuant to CRS24-30-202.4(as amended),the State Controller may withhold debts owed to state agencies under the vendor offset intercept system
for.(a)unpaid child support debt or child support arrearages;(b)unpaid balance of tax,accrued interest,or other charges specified in Article 22,Title 39,CRS;
8e) unpaid loans due to the student ban division of the Department of Higher Education; (d)owed amounts required to be paid to the Unemployment
ompensation Fund;and(a)other unpaid debts owing to the State or any agency thereof,the amount of which Is found to be owing as a result of final agency
determination or reduced to judgement as certified by the Controller.
10. The S natores aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,at.seq.,(Abuse of Public
Office),and that no violation of such provisions is present.
11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property
described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
CONTRACTOR: STATE OF COLORADO
(Full Legal Name) BOARD OF COUNTY COMMISSIONERS BILL OWENS, E R
COUNTY OF PITICOLORADO By
BOB BROOK ,EXECUTIVE DIRECTOR
8
-- DEPARTMENT
Position(idle) C MAN OF LOCAL AFFAIRS
84-6000794
Social Samufty Number or F al ID Number
X ,\
(If Corporaho:)
AtWst 1 .
`0y� c_. � �f j2�✓
••:Yit:Sv1?� C Bec.Wy.x EaivYMlT 2pnly Gxk
APPROVALS
PRE-APPR ED FORM CONTRACT REVIEWER STATE CONTROLLER
Arthur L. Barnhart
By C1%
Rose ie Aute
Form 6-AC-02C
Revised 7197
395-53-01-1030 Page 7 which is the last of 7 pages
EXHIBIT A
SCOPE OF SERVICES
EIAF-#4009 Pitkin County Rural Telecommunications Advanced Planning
EXHIBIT A
SCOPE OF SERVICES
1. PROJECT DESCRIPTION. OBJECTIVES.&REQUIREMENTS
The Project consists of developing an advanced telecommunications plan for Pitkin County(Contractor)
and a small portion of Eagle County.
Specific eligible Project expenses include the cost of consulting services to develop the Pitkin County
Telecommunications.Plan. Advanced technical assistance planning elements will include, at a
minimum,a network infrastructure implementation plan,a feasibility study/risk management analysis,
a sustainability plan and an evaluation plan.
Energy/Mineral Impact Assistance funds in the amount of$30,000 are provided under this Contract
to finance Project costs. The Contractor is expected to provide $3,000 in Project financing, and, in
any event, is responsible for all Project cost in excess of$30,000.
When applicable, the County will select a consultant to perform the services following a competitive
Request for Proposal(RFP)process.
Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall
be submitted to the Department of Local Affairs, Field Services Section, upon execution,and any and
all contracts entered into by the Contractor or any of its subcontractors shall comply with all applicable
Federal and Colorado State laws and shall be governed by the laws of the State of Colorado
notwithstanding provisions therein to the contrary.
2. ENERGY AND MINERAL IMPACT
Historically Pitkin County was heavily influenced by silver mining and was directly affected by the
cyclical nature of the mining industry. As a result the County has sought ways to diversify the
economy. Clean-up and remediation have taken place or will take place at seven abandoned and
reclaimed coal mines and 47 abandoned metal mines. In addition,there is one active metal mine and
ten active oil and gas wells.
3. TIME OF PERFORMANCE
The Project shall commence upon the full and properexecution of this Contract and shall be completed
on or before June 30,2002. However,in accordance with Paragraph 8 contained within the main body
of this Contract,the Project time of performance may be.extended by Change Letter,subject to mutual
agreement of the State and Contractor. To initiate this process, a written request shall be submitted
to the State by the Contractor at least thirty (30)days prior to June 30, 2002, and shall include a full
justification for the time extension.
4. BUDGET
REVENUE EXPENDITURES
Energy/Mineral Impact Assistance $30,000 Consultant Fees $33,000
Grant Funds
Contractor Funds 3,000
TOTAL $33,000 TOTAL $33,000
Page 1 of 2 Pages
EIAF-#4009 Pitkin County Rural Telecommunications Advanced Planning Id
EXHIBIT A
SCOPE OF SERVICES
5. PAYMENT SCHEDULE-GRANT AGREEMENT
a. $3,000 Initial payment to be made within thirty (30) days of the
date of execution of this Contract.
b. 24,000 In interim payments reimbursing the Contractor for actual
expenditures made in the performance of this Contract.
Payments shall be based upon properly documented
financial and narrative status reports detailing expenditures
made to date.
C. 3,000 Final payment to be made upon the completion of the
Project. The Contractor shall submit a final financial and
narrative status report documenting the expenditure of all
Energy/Mineral Impact Assistance funds for which
payment has been requested.
$30,000 TOTAL
All requests for paymentafterthe first payment shall be initiated by the Contractor in accordance with
the provisions in Paragraph 5 of the main body of this Contract.
6. CONTRACT MONITORING
The State shall monitor this Contract on an as-needed basis.
7. REPORTING SCHEDULE
The Contractor shall submit financial and narrative status reports detailing Project progress and
properly documenting all to-date expenditures of Energy/Mineral Impact Assistance funds at the time
payment requests are made, in accordance with the Payment Schedule contained in Exhibit A.
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