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HomeMy WebLinkAboutbocc.res.022.2009 / ~SOI~~~~~. ~o, o~ goo ~ RESOLUTION OF THE COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ACCEPTING GRANT OFFER(S) FROM THE STATE OF COLORADO ("STATE"), DEPARTMENT OF LOCAL AFFAIRS FOR ENERGY AND MINERAL IMPACT ASSISTANCE FUNDING FOR ASSISTANCE WITH INSTALLING EQUIPMENT AT THE AJAX MOUNTAIN SITE TO SUPPORT THE STATE DIGITAL TRUNKED RADIO SYSTEM Recitals: 1. The Aspen/Pitkin County Communication Center is charged with all aspects of a 911 dispatch center and maintaining Public Safety and Govemment radio systems. 2. The State of Colorado (the "State"), Department of Local Affairs desires to assist political subdivisions and state agencies of the State that are experiencing social and economic impacts resulting from the development, processing, or energy conversion of minerals or mineral fuels 3. Pursuant to 39-39-110, C.R.S., the Local Government Severance Tax Fund has been created, which fund is administered by the Department of Locai Affairs (the "Department„) through the energy and Mineral Impact Assistance program. 4. Pursuant to 39-29-110, C.R.S., the Executive Director of the Department is authorized to make grants 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. 5. The F~cecutive Director of the Department has awarded The Board of County Commissioners, under the direct supervision of the Pitkin County Communications Director, Energy and Mineral impact Assistance Grant(s) from the Local Government Severance Tax Fund in an amount not to exceed $489,848 (FOSS5276) and $301,500 (509S6617) for assistance with installing equipment at the Ajax Mountain site to support the State Digital Trunked Radio System (the "Project") NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado: 1. That the Energy and Mineral Impact Grant offer(s) up to $489,848 (FOSS5276) and $301,500 {F09S6617) for assistance with installing equipment at the Ajax Mountain site to support the State Digital Trunked Radio System project, are approved. 2. That the Communications Center is authorized to proceed with the Project, which has been approved under these grant(s). 3. That this resolution, the grant contracts, and the grant award letter(s), shall be available for public inspection during normal business hours in the ofFce of the Pitkin County G1erk & Recorder, Pitkin County Courthouse Annex Building, Suite 101, 530 East main Street, Aspen, Colorado 81611. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON iUTARCH 25, 2009. FULL RESOLUTION PUBLISHED FOR PUBLIC HEARING 1N THE ASPEN TIMES WEEKLY ON MARCH 29, 2009. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON APRIL 8, 2009. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON APRIL 19, 2009, ATT ST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 1 By~ By: ~ Jed efts Jones . Patti Kay-Clappe ,Chair ~ _ De uty County C erk Date: ~ O APPROVED AS TO FORM: . John Ely, County A ey MANAGE APPROVAL: Hila Fletcher, Co qty Manager . RECOMMENDF~D FOR APPROVAL: 6. Mark Ga Co munications Director EIAF #5276 -Pitkin County 800 DTRS Infrastructure Contract Routing # ~ ~ Vendor # b~1q CFDA # N/A GRANT CONTRACT ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM THIS CONTRACT, made 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 Countv Commissioners Countv of Pitkin 506 East Main Street Department C 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 pa ment in Fund Number 152, Appropriation Code Number 127 , Org. Unit FBAO , GBL ~S ,Contract Encumbrance Number Ffd8S5276 ;and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist political subdivisions of the state and state agencies that are experiencing social and economic impacts resulting from the development, processing, or energy conversion of minerals or mineral fuels; and WHEREAS, pursuant to 39-29-110, C.R.S., 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)(I), C.R.S., the Executive Director of the Department is authorized to make grants 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 or state agency eligible to receive Energy and Mineral Impact Assistance funding, has applied to the Department far assistance; and WHEREAS, the Executive Director of the Department desires to distribute said funds pursuant to law; and WHEREAS, the Contractor has been advised and agrees that the State periodically reviews and amends its contract forms and will submit a substitute contract form to Contractor within one year of the approval of this contract, and WHEREAS, the Executive Director wishes 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, herein referred to as the "Project." Costs incurred prior to the date of execution of this Contract by the State Controller or designee shall not be reimbursed by the State unless specifically allowed in the "Project Description, Objectives and Requirements" section of Exhibit A. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Mark Gamrat an employee or agent of the Contractor, who is hereby designated as the responsible administrator of the Project. At any time the Contractor wishes to change the responsible administrator, the Contractor shall propose and seek the State's approval of such replacement responsible administrator. The State's approval shall be evidenced through a Unilateral Contract Amendment to this contract Page 1 of 7 initiated by the State as set forth in paragraph 8.b) of this Contract. Until such time as the State concurs in the replacement responsible administrator, the State may direct that Project work be suspended. 3. Time of Performance; Contract Substitution This Contract shall become effective upon the date of proper execution of this Contract by the State Controller or designee and shall continue for a period of one year. The parties agree that the State will submit a substitute contract form to the Contractor during the one-year period following the approval 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 as set forth in the "Time of Performance" section of Exhibit A. Expenses incurred by the Contractor in association with the Project prior to execution of this Contract by the State Controller or designee shall not be considered eligible expenditures for reimbursement by the State unless specifically allowed in the "Project Description, Objectives and Requirements" section of Exhibit A. 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 person signing and executing this Contract on behalf of the Contractor does hereby warrant and guarantee that helshe has 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. Furthermore, if the nature or structure of the Project is such that a decision by the electorate is required, the Contractor represents and warrants that it has held such an election and secured the voter approval necessary to allow the Project to proceed. 5. Compensation and Method of Payment: Grant. 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 FOUR HUNDRED EIGHTY-NINE THOUSAND EIGHT HUNDRED FORTY-EIGHT AND XX/100-Dollars ($489,848.00 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 paid to the Contractor and 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. Any State funds not required for completion of the Project will be deobligated by the State. 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 and Budget. At all times from the effective date of this Contract until completion of the Project, the Contractor shall maintain properly segregated accounts of State funds, matching funds, and other funds associated with the Project. All receipts and expenditures associated with the 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 without approval of the State provided that no budget transfers to or between administration budget categories are proposed and provided that cumulative budgetary line item changes do not exceed Twenty Thousand Dollars ($20,000.00), unless otherwise specified in the "Budget" section of Exhibit A. Any budgetary modifications that exceed these limitations must be approved by the State through a Bilateral Contract Amendment as set forth in Paragraph 8.c). 8. Modification and Amendment. a) Modification by Operation of Law. This Contract is subject to such modifications as may be necessitated by changes in federal or state law or requirements. Any such required modifications shall be incorporated into and be part of this Contract as if fully set forth herein. b) Unilateral Amendment. The State may unilaterally modify the following portions of this Contract when such modifications are requested by the Contractor or determined by the State to be necessary and appropriate. 1n such cases, the Amendment is binding upon proper execution of the Amendment by the State Controller's designee and without the signature of the Contractor. i) Paragraph 2 of this Contract, "Responsible Administrator"; Page 2 of 7 ii) Paragraph 3 of Exhibit A, Scope of Services "Time of Performance"; iii) Paragraph 5 of Exhibit A, Scope of Services "Remit Address"; iv) Paragraph 6 of Exhibit A, Scope of Services "Payment Schedule"; v) Paragraph 22 of this Contract if applicable, Repayment of Loan, and Exhibit B, Loan Repayment Schedule Contractor must submit a written request to the Department if modifications are required. Amendments to this Contract for the provisions outlined in this Paragraph 8 b. i) through v): Responsible Administrator, Time of Performance, Remit Address, Payment Schedule, or Repayment of Loan and Loan Repayment Schedule can be executed by the State (Exhibit C1). c) Bilateral Amendment. In the following circumstances, modifications shall be made by an Amendment signed by the Contractor, the Executive Director of the Department and the State Controller's designee. Such Amendments must be executed by the Contractor then the State and are binding upon proper execution by the State Controller's designee. i) unless otherwise specified in the "Budget" section of Exhibit A, when cumulative budgetary line item changes exceed Twenty Thousand Dollars ($20,000.00); ii) unless otherwise specified in the "Budget" section of Exhibit A, when any budget transfers to or between administration budgetary categories are proposed; iii} when any other material modifications, as determined by the State, are proposed to Exhibit A or any other Exhibits; iv) when additional or less funding is needed and approved and modifications are required to Paragraph 5 of this Contract, "Compensation and Method of Payment" as well as to Exhibit A "Budget" and "Payment Schedule"; v) when there are additional federal or state statutory or regulatory compliance changes in accordance with Paragraph 20 of this Contract. Such Bilateral Amendment may also incorporate any modifications allowed to be made by Unilateral Amendment as set forth in subparagraph 8.b) of this paragraph. Upon proper execution and approval, such Amendment (Exhibit C2) shall become an amendment to the Contract, effective on the date specified in the amendment. No such amendment 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 8 d}. d) Other Modifications. If either the State or the Contractor desired 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 shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. Any amendment required per this subparagraph will require the approval of other state agencies as appropriate, e.g. Attorney General, State Controller, etc. Such Amendment may also incorporate any modifications allowed to be made by Unilateral and Bilateral Amendment as set forth in subparagraphs 8.b) or 8.c) of this paragraph. 9. Audit. a) Discretionary Audit. The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized representatives and the federal government or any of its duly authorized representatives shall have the right to inspect, examine and audit the Contractor's and any subcontractor's records, books, accounts and other relevant documents. For the purposes of discretionary audit, the State specifically reserves the right to hire an independent Certified Public Accountant of the State's choosing. A discretionary audit may be requested at any time and for any Page 3 of 7 reason from the effective date of this Contract until five (5) years after the date of final payment for this Project is received by the Contractor, provided that the audit is performed during normal business hours. b) Mandatory Audit. Whether or not the State or the federal government calls for a discretionary audit as provided above, the Contractor shall include the Project in its annual audit report as required by the Colorado Local Government Audit Law, 29-1-601, et seg, C.R.S., and State implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and the State Auditor. Thereafter, the Contractor shall supply the Department with copies of all correspondence from the State Auditor related to the relevant audit report. If the audit reveals evidence of non-compliance 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 29-1-607 or 29- 1-608, C.R.S. 10. Conflict of Interest. The Contractor shall comply with the provisions of 18-8-308 and 2418-101 through 24-18-109, C.R.S. 11. 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 State may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the Project. 12. Contract Termination. This Contract may be terminated as follows: a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or othennise 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) Termination for Cause. If, through any cause, the Contractor shall fail 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 Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying 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 ar 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 shall not be relieved of liability 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 offset until such time as the exact amount of damages due the State from the Contractor is determined. c) Termination for Convenience. The State may terminate this Contract at any time the State desires. The State shall 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. All finished or unfinished documents and other materials as described in subparagraph 12.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 under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. 13. Integration. This Contract, as written, with attachments and references, is intended as the complete integration of all understandings between the parties at this time and no prior or contemporaneous addition, deletion or modification hereto shall have any force or effect whatsoever, unless embodied in a written Page 4 of 7 authorization or contract amendment incorporating such changes, executed and approved pursuant to paragraph 8 of this Contract and applicable law. 14. 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. 15. 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. 16. 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 subcontract or transfer of Contract shall in any case release the Contractor of responsibilities under this Contract. 17. 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 termination 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. 18. 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 exist, ownership of the property acquired or improved shall pass to a constituent local government or other eligible governmental successor in interest, or other successor if specifically authorized in Exhibit A, so that the property can continue to be used as a public facility or to provide a public service. 19. Non-Discrimination. The Contractor agrees to comply with the letter and the spirit of all applicable state and federal laws and requirements with respect to discrimination and unfair employment practices. 20. Compliance with Applicable 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. 21. Order of Precedence. In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: A. Colorado Special Provisions B. Contract C. The Scope of Services, Exhibit A Page 5 of 7 SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted in italics 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. [App//cable Only to Intergovernmental Contracts] No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. 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 contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any 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 this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202 (1) and 24-30-202.4. The State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a result of final agency determination or reduced to judgment, as certified by the State Controller. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. 10. [Not Applicable to Intergovernmental Contrncts]. ILLEGAL ALIENS - Pl'BLIC CONTRACTS FOR SERVICES AND RESTRICTIONS ON Pl?BLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-101. Contractor certifies that it shall comply with the provisions of CRS 8-17.5-101 et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b}. Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8-17.5-101 et seq., shall be cause for termination for breach and Contractor shall be liable for actual and consequential damages. Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24-76.5-101 et seq., and (iii) shall produce one form of identification required by CRS 24-76.5-103 prior to the effective date of this contract. Revised October 25, 2006 Page 6 of 7 CONTRACT SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL RITTER, JR., GOVERNOR BOARD OF COUNTY COMMISSIONERS, / 1q ~ 7 PITKIN COUNTY, COLORADO By ~ ~'V : ~ Legal Name of Contracting Entity Susan E. Kirkpatrick, Executive Director Departm t of ocal Affairs n 846000794 Date Social Security Number`FEIN . ~%1/ ignature of Authorized icer PRE-APPROVED ONTRACT RM REVIEWER: ~ ~~SZ~ CHAIR (Print) Name & Title o Authorized fficer Date ~ ~ CORPORATIONS: q~°'. (A corporate atte tatio is required.) ~ ~ ; ~ ~ ~~I.O;i P~49 Attest (Seal) By i ~ (Corp e Secretary or Equiv nt, or Town/City/County Clerk) (Place corporate seal here, if available) ALL CO TRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTRO LER: eslie M. Shen elt r ~ gy r se arie Aute ontroller D ment of L Affairs Date ~ Revised January 9, 2007 Page 7 of 7 EXHIBIT A SCOPE OF SERVICES l l~ EIAF #5276 -Pitkin County 800 DTRS Infrastructure EXHIBIT A SCOPE OF SERVICES 1. PROJECT DESCRIPTION, OBJECTIVES AND REQUIREMENTS The Project consists of installing equipment at the Ajax Mountain site to support the state Digital Trunked Radio System, including 800 MHz site radios, a generator, microwave equipment, tower, air conditioner, and renovating a building for the equipment. Pitkin County is the Contractor for the Project. The Project will improve public safety by providing 800 MHz radio coverage along Highway 82 and major county roads where there is currently minimal coverage. The Aspen/Pitkin County Communications Center will be in a better position to provide greater interoperability and enhanced public safety. The County, working with the all-hazards emergency management region, must have an identified planning process and a documented regional communications plan. The communications plan must achieve interoperable communications across regional and state jurisdictions. Through a competitive selection process, Motorola, Inc. has been selected as the vendor for the radio equipment, microwave equipment, towers, generator and associated equipment. Eligible expenses include 800 MHz site radios, microwave equipment, renovation work on an existing building for the equipment, a radio tower, a generator, and a three ton HVAC. Engineering, installation, administrative, zoning, permits, legal and other county administrative/staff costs are not eligible. The Colorado Division of Information Technology will provide the engineering and installation services. The County will provide the remaining ineligible expenses listed above as in-kind support. Energy and Mineral Impact Assistance funds in the amount of FOUR HUNDRED EIGHTY-NINE THOUSAND EIGHT HUNDRED FORTY-EIGHT AND XX/100-Dollars ($489,848.00) are provided under this Contract to finance Project costs. The Contractor is expected to provide ZERO AND XXi100-- Dollars ( X00) in Project financing, and, in any event, is responsible for all Project cost in excess of FOUR HUNDRED EIGHTY-NINE THOUSAND EIGHT HUNDRED FORTY-EIGHTAND XX/100-----------Dollars ( $489,848.00 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 upon request, 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. Contractor agrees to acknowledge the state Department of Local Affairs in any and all materials or events designed to promote or educate the public about the project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets. 2. ENERGY AND MINERAL IMPACT Historically, Pitkin County was heavily influenced by silver mining. The clean up from this activity continues to this date. There was 8.9 million tons of coal produced in the County from 1980 to 1990, and much more before that. The County currently has ten active oil and gas sites, and 753 inactive mines. 3. TIME OF PERFORMANCE The Project shall commence upon the full and proper execution of this Contract and shall be completed on or before December 31, 2007. However, in accordance with paragraph 8.b. or 8.c. contained within the main body of this Contract, the Project time of performance may be extended by a Contract Amendment. To initiate this process, a written request shall be submitted to the State by the Contractor at least thirty (30) days prior to December 31, 2007 and shall include a full justification for the time extension. Page 1 of 2 1( EIAF #5276 - Pitkin County 800 DTRS Infrastructure 4. BUDGET Revenues Expenditures Energy/Mineral Impact -GRANT $489,848 800 MHz Site Radios/Hardware $188,348 DOIT In-Kind 68,000 Engineering, Installation 68,000 Contractor In-Kind 28,000 Ajax Mountain Building/Air Conditioner 95,750 Microwave 95,150 Tower 85,500 Generator 25,100 County Administration, Building Permit, 28,000 Legal and Related Costs-In-Kind Total $585,848 Total $585,848 5. REMIT ADDRESS: (Address to where payments are to be sent) 530 East Main Street, Suite 201 Aspen, CO 81611 6. PAYMENT SCHEDULE Grant Payments $440,863 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. 48,985 Final payment to be made upon the completion of the Project and submission of final financial and narrative status reports documenting the expenditure of all Energy/Mineral Impact Assistance funds for which payment has been requested. $489,848 Total 7. CONTRACT MONITORING The State shall monitor this Contract on an as-needed basis. 8. REPORTING SCHEDULE At the time Contractor initiates payment requests, the Contractor shall submit financial and narrative status reports detailing Project progress and properly documenting all to-date expenditures of Energy and Mineral Impact Assistance funds. Page 2 of 2 EXHIBIT C1 /3 EIAF # - (Insert Project Title) EXHIBIT C1 Contract Routin # Encumbrance # Vendor # (for Remit Address APPR GBL CFDA# N/A Unilateralr" Amendment # _ of (Type of Contract - Grant/L~ranf~~ oan Between Colorado Department of Local Affairs and (Gi°an?t{Jam,~e aid Address) z,:;=~; State Executed Contract Modifications fuse state sigrr-e page only) 1 d= A. Modifications to Contract Boilerplate ~~F *~t. Responsible Administrator: Delete old Adrt~inistratgi s nar~i? and insert r~~,, thereof-;new "Responsible Administrator". <f;~~a Repayment of Loan,, ~~~lete cur-re~~~'j#22 aid rnse~ in Iieu~thP`r~of new ~#''2 ~ z. 3~ = ~ B. Modifications.to Exhibit A,°~ye of Set~tic,e. Time of Per.Ec~rmance: '~Tm~t Pe~or~~e ~s mot3ified by deleting Date" and inserting in lieu thereof" j ` ate ~ (~f, Rerttjt Address~:'~=.Jete current Rat tiddr~ss and insert in lieu thereof new "Remit Address". i ~ . Payment Schedule ,fete current Payment Schedule" and insert ~n I~eu t~i~ereof new "Payment Schedule". C. Mode Zo Extibrt B"man Repayment Schedule: Delete Gerjr~nt Login Repayr~^iet~tt Schedule and insert in lieu hereof new Loan Repayment Schedule. All of tl~ terms conditions of the Original Contract remain unchanged except for those terms and conditions modified by this ,iendment # and all previous amendments. Both parties also expressly understand that this Amendment is incorporated int©the Original Contract. Reviewed by: Department of Local Affairs Pre-approved Form Contract Reviewer Susan E. Kirkpatrick, Executive Director Date ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: Leslie M. Shenefelt By Rose Marie Auten, Controller Department of Local Affairs Date: Revised January 09, 2007 EXHIBIT C2 5 l" EIAF # - (Insert Project Title) EXHIBIT C2 Contract Routin # Encumbrance # Vendor # (for Remit Address) t~~?P_R GBL FC~A# N/A Bilateral ` Amendment # of T e of Contrac - Grant/L ,Gr it-Loan Between Colorado De artment of Local Affairs and Grante ~ e`and Address State and Contractor Executed M,o~fications (use state and motor signature page) A. Modifications to Contract Boilerplate ` Compensation and Method of F~ayrment ::x ~ < ~ ~ ~ ~ "Compensation and Mood of P~yrri*r~t ~n tii~~t igrK81 C©nti e~f:~s modifi~l b,~ ~rtg ix Amount "and inserting in lieu there`t~iount ~A t. Responsili},r Administ~pYq~~-delete o~k~¢ldministxator's name ancttnsert`iii lieu thereof new "Responsible P~dministrato~'', k,'- „ Ct' pliance pplicabb~ L' f, - ar n #2(3~''C~ornpliance with Applicable Laws" in the Original Coi act is modes follows; Inc ex~s ..lang~sagE "is revised to read" and the revised language. ~ . st . a ment of~i.oan='~lete current #~2." and~~insert in lieu therea# new ~~#22". B. Mo~ f3~,:. ~ zt~,~ `~o Exkribrt A;"S~,~pe of'Services. Project Description, Objectives and Requirements: ' Project Description, Objectives, and Re'giiirements,'','~ is modified as follows: Include Existing language "is revised to read" and the revised language ~~.x. Energy and Mineral Impact: 2. ' Ertergy and Mineral Impact" is modified by deleting current Energy and Mineral Impact and inserting new Energy and Mineral Impact. Time of Performance: "Time of Performance" is modified by deleting current Date and inserting new Date. Budget: 4. "Budget" is modified by deleting the current Budget and inserting new Budget. Remit Address: 5. "Remit Address" is modified by deleting the current Remit Address and inserting new Remit Address. Payment Schedule: 6. "Payment Schedule" is modified by deleting current Payment Schedule and inserting new Payment Schedule. Contract Monitoring: 7. "Contract Monitoring" is modified by deleting current Contract Monitoring and inserting new Contract Monitoring. Reporting Schedule: 8. "Reporting Schedule is modified by deleting current Reporting Schedule and inserting new Reporting Schedule. C. Modifications to Exhibit B, Loan Repayment Schedule: Delete current "Exhibit B Loan Repayment Schedule and insert new "Exhibit B Loan Repayment Schedule. All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions modified by this Amendment # and all previous amendments. Both parties also expressly understand that this Amendment # is incorporated into the Original Contract. EIAF # - (Insert Project Title) CONTRACT SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL RITTER, JR %ER~lOR - F;; }3= By Legal Name of Contracting Entity Suss E. Kirkpatrick, ° ~ e Director pepaarent of Local `~E irs~: D,_. Social Security Number or FEIRJ_ r e~ ' 3';~r~ FFL~-APPROVED COl±tiT,t~% ,~-_t*Q`RM REVIEWER: Signature of Authori~d Officer jf. (Pri' Name & Title of>lautled Offices ' fi a , ft Date =x~ CORPORATIONS (A corporate attestati~tr~ is recluired.) Attest (Seal) By (Corporate Secretary or Equivalent, or Town/City/County Clerk) (Place corporate seal here, if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: Leslie M. Shenefelt By Rose Marie Auten, Controller Department of Local Affairs Date Revised January 09, 2007 l1 EIAF # 6617 Pitkin County 800 DTRS Infrastructure Contract Routing # Vendor # CFDA # N/A GRANT CONTRACT ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM THIS CONTRACT, made 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, or the Department, and the Board of Countv Commissioners, Pitkin Countv 506 East Main Street Department C 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 encumbering and subsequent payment of this Contract in Fund Number 152 ,Appropriation Code Number 127 , Org. Unit FBAO , GBL ,Contract Encumbrance Number FQ19S6617 ;and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist political subdivisions and state agencies of the State of Colorado that are experiencing social and economic impacts resulting from the development, processing, or energy conversion of minerals or mineral fuels; and WHEREAS, pursuant to 39-29-110, C.R.S., 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)(I), C.R.S., the Executive Director of the Department is authorized to make grants 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 or state agency eligible to receive Energy and Mineral Impact Assistance funding, has applied to the Department for assistance with installing equipment at the Aiax Mountain site to support the state Digital Trunked Radio Svstem as further described in the attached Exhibit A, herein referred to as the "Project"; and WHEREAS, the Executive Director of the Department desires to distribute said funds pursuant to law; and WHEREAS, the Executive Director wishes 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, in consideration of and subject to the terms, conditions, provisions and limitations contained in this Contract, the State and the Contractor agree as follows: 1. Scope of Services. 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" section of Exhibit A. attached hereto and incorporated by reference herein. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Mark Gamrat. Communication Director. an employee or agent of the Contractor who is hereby designated as the "Responsible Administrator" of the Project. At any time, the Contractor may propose, in writing, and seek the State's approval of a replacement Responsible Administrator, in accordance with paragraph 8.b.ii) of this Contract. The State, in its sole discretion, may direct that Project work be suspended in the event the current Responsible Administrator ceases to serve as such prior to the approval by the State of a replacement Responsible Administrator. 3. Time of Performance. This Contract shall become effective upon approval by the State Controller or designee (the "Effective Date") and extend through the completion date set forth in the "Time of Performance" section of Exhibit A. Performance of this Contract shall commence as soon as practicable after the Effective Date of this Contract; provided however, that the Contractor shall not be entitled to payment for any performance rendered before the Effective Date and shall not be eligible for reimbursement of any expenses incurred before the Effective Date. The Contractor shall undertake and perform its obligations hereunder as set forth in Exhibit A. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract. 1 EIAF # 6617 Pitkin County 800 DTRS Infrastructure 4. Authority to Enter into Contract and Proceed with Project. The Contractor represents and warrants that it possesses the legal authority to enter into this Contract and has taken all actions required to exercise such authority and to lawfully authorize its undersigned signatory to execute this Contract and to bind the Contractor to its terms. The person signing and executing this Contract on behalf of the Contractor does hereby warrant and guarantee that he/she has 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. Furthermore, if the nature or structure of the Project is such that a decision by the electorate is required, the Contractor represents and warrants that it has held such an election and secured the voter approval necessary to allow the Project to proceed. 5. Payment of Funds: Grant. 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 THREE HUNDRED AND ONE THOUSAND FIVE-HUNDRED AND XX/100 Dollars ($301,500). The method and time of payment of such grant funds to the Contractor shall be made in accordance with the "Distribution Schedule" set forth in Exhibit A. The Contractor shall use the funds provided by the State under this Contract solely for the purposes set forth in Exhibit A. 6. Refund of Excess Funds to the State. a) Any State funds paid to the Contractor and not expended in connection with the Project shall be remitted by the Contractor to the State within thirtv (30) davs of either (i) the completion of the Project or (ii) a determination by the State, in its sole discretion, that the Project will not be completed, whichever occurs first. Any State funds not required for completion of the Project shall be de-obligated by the State. b) It is expressly understood that if the Contractor receives funds from this Contract during any fiscal year in excess of its spending limit for such fiscal year, the Contractor shall refund all excess funds to the State within thirtv (30) davs of the later of (i) the receipt of such funds or (ii) the determination of such excess. c) Under no circumstances shall unexpended or excess funds received by the Contractor under this Contract be refunded or paid to any party other than the State. 7. Financial Management and Budget. At all times from the Effective Date until completion of the Project, the Contractor shall maintain properly segregated accounts of State funds, matching funds, and other funds associated with the Project. All receipts and expenditures associated with the Project shall be documented in a detailed and specific manner, in accordance with the "Budget" section of Exhibit A. The Contractor may adjust individual budgeted expenditure amounts without approval of the State; provided that no transfers to or between administration categories are made; and provided further, that cumulative budgetary line item changes do not exceed the lesser of ten percent (10%) of the total budgeted amount or Twenty Thousand Dollars ($20,000.00). All other budgetary modifications must be approved by the State pursuant to paragraph 8 of this Contract. Matching funds, if required, shall be expended by the Contractor on the Project in accordance with the requirements set forth in the "Budget" section of Exhibit A. 8. Modification and Amendment. a) Modification by Operation of Law. This Contract is subject to such modifications as may be necessitated by changes in federal or state law or their implementing regulations. Any such required modifications automatically shall be incorporated into and be part of this Contract on the effective date of such modification, as if fully set forth herein. b) Modification by State. i) Option Letter. The State unilaterally may extend the term for performance of this Contract for up to one (1) additional year on the same terms and conditions specified in this Contract and Exhibit A. The State may exercise the option by written notice to the Contractor within thirtv (30) davs prior to the end of the current Contract term, in a form substantially equivalent to Exhibit B-1 attached hereto and incorporated by reference herein. The State may exercise this option only once during the duration of this Contract. The total duration of this Contract shall not exceed a total Contract period of five (5) years. Financial obligations of the State of Colorado payable after any current fiscal year are contingent upon the availability of funds for that purpose as set forth in paragraph 24 of this Contract. ii) Change Order Letter. The State may make the following modifications to this Contract using a Unilateral Change Order Letter, in a form substantially equivalent to Exhibit B-2 attached hereto and incorporated by reference herein, when such modifications are requested by the Contractor, in writing, or determined by the State to be necessary and appropriate: 2 / EIAF # 6617 Pitkin County 800 DTRS Infrastructure A) Change of Responsible Administrator, set forth in paragraph 2 of this Contract; B) Transfers to or between administrative budgetary categories, as required by paragraph 7 of this Contract; C) Changes to cumulative budgetary line item in excess of the lesser of ten percent (10%) of the total budgeted amount or Twenty Thousand Dollars ($20,000.00), as required by paragraph 7 of this Contract; D) Change of Remit Address set forth in paragraph 5 of Exhibit A. c) Other Modifications. If either Party desires to modify the terms of this Contract other than as set forth in subparagraphs a) and b) of this paragraph 8, written notice of the proposed modification shall be given to the other Party. No such modification shall take effect unless agreed to in writing by both Parties in an amendment to this Contract properly executed and approved in accordance with Colorado law, fiscal rules, and policies. Such amendment may also incorporate any modifications permitted under subparagraphs a) and .b) of this paragraph 8. 9. Audit. a) Discretionary Audit. The State, through the Executive Director of the Department of Local Affairs, the Colorado State Auditor, or any of their duly authorized representatives and the federal government or any of its duly authorized representatives shall have the right to inspect, examine and audit the Contractor's and any subcontractor's records, books, accounts and other relevant documents. For the purposes of discretionary audit, the State specifically reserves the right to hire an independent certified public accountant of the State's choosing. A discretionary audit may be requested at any time and for any reason during the period commencing on the Effective Date and continuing for five (5) years after the date of the final payment for the Project under this Contract is received by the Contractor, provided that the audit is performed during normal business hours. b) Mandatory Audit. Whether or not the State or the federal government calls for a discretionary audit as provided above, the Contractor shall include the Project in its annual audit report as required by the Colorado Local Government Audit Law, 29-1-601, et seq„ C.R.S., and implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and the State Auditor. Thereafter, the Contractor shall supply the Department with copies of all correspondence from the State Auditor related to the relevant audit report. If the audit reveals evidence of non-compliance 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 29-1-607 or 29-1-608, C.R.S. 10. Insurance. The Contractor shall at all times during the term of this Contract maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, CRS 24-10-101, et seq., as amended. Upon request by the State, the Contractor shall show proof of such insurance satisfactory to the State. The Contractor shall require each contract with a subcontractor providing goods or services for or in connection with the Project to include insurance requirements substantially similar to the following: a) Subcontractor shall obtain, and maintain at all times during the term of the subcontract, insurance in the following kinds and amounts: i. Worker's Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the subcontractor's employees acting within the course and scope of their employment. ii. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: A. $1,000,000 each occurrence; B. $1,000,000 general aggregate; C. $1,000,000 products and completed operations aggregate; and D. $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the subcontractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Contractor a certificate or other document satisfactory to the Contractor showing compliance with this provision. iii. Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit. 3 v EIAF # 6617 Pitkin County 800 DTRS Infrastructure b) In addition, the Contractor shall require the subcontractor, with respect to all insurance policies in any way related to the subcontract, to: i. name the Contractor and the State of Colorado as additional insureds on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required by the subcontract will be primary over any insurance or self-insurance program carried by the Contractor or the State of Colorado. ii. include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Contractor by certified mail. iii. include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the Contractor and the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers. iv. be issued by insurance companies satisfactory to the Contractor and the State of Colorado. v. provide certificates showing insurance coverage required by the subcontract to the Contractor within seven (7) business days of the effective date of the subcontract, but in no event later than the commencement of the services or delivery of the goods under such subcontract. No later than fifteen (15) days prior to the expiration date of any such coverage, the subcontractor shall deliver to the Contractor certificates of insurance evidencing renewals thereof. At any time during the term of the subcontract, the Contractor may request in writing and the subcontractor, within ten (10) days, shall supply to the Contractor, evidence satisfactory to the Contractor of compliance with the provisions of this paragraph. 11. Conflict of Interest. The Contractor shall comply with the provisions of 18-8-308 and 24-18-101 through 24-18-109, C.R.S. 12. Remedies. In addition to any other remedies provided for in this Contract, and without limiting the remedies otherwise available at law or in equity, if the Contractor fails to comply with any contractual provision, the State, after written notice to the Contractor, may: a) suspend this Contract and withhold further payments and/or prohibit the Contractor from incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision by the State to terminate this Contract in accordance with provisions herein. The State, in its sole discretion, may allow expenditures during the suspension period which the Contractor could not reasonably avoid, provided such costs were necessary and reasonable for the conduct of the Project; or b) terminate this Contract for default. The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of them individually or simultaneously. 13. Contract Termination. This Contract may be terminated as follows: a) Termination Due to Loss of Funding. The Parties hereto expressly recognize that the Contractor is to be paid or reimbursed with funds provided to the State for the purposes set forth herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to payment or reimbursement 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) Termination for Cause. If, for any reason, the Contractor shall fail 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 Contract, the State shall give written notice to the Contractor of such delay or non- performance. If the Contractor fails to promptly correct such delay or non-performance within the time specified in the notice or twenty (20) days from the date of such notice, which ever is greater, the State shall have the right, at its sole option, to terminate this entire Contract, or such part of this Contract as to which there has been delay or failure to properly perform, for cause. If the State terminates this Contract for cause, the State shall reimburse the Contractor only for eligible expenditures made up to the date of termination. 4 EIAF # 6617 Pitkin County 800 DTRS Infrastructure Notwithstanding the above, the Contractor shall remain liable to the State for any damages sustained by the State by virtue of any breach of this Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of offset until such time as the exact amount of damages due the State from the Contractor is determined. c) Termination for Convenience. When the interests of the State so require, the State may terminate this Contract in whole or in part for the convenience of the State. The State shall give written notice of termination to the Contractor specifying the termination of all or a part of this Contract and the effective date thereof, at least twenty (20) days before the date of termination. Exercise by the State of this termination for convenience provision shall not be deemed a breach of contract by the State. Upon receipt of written notice, the Contractor shall incur no further obligations in connection with the terminated work and, on the date set in the notice of termination, the Contractor shall stop work to the extent specified. The Contractor also shall terminate outstanding orders and subcontracts as they relate to the terminated work. 14. Integration. This Contract, together with it exhibits and attachments, is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion or modification hereto shall have any force or effect whatsoever, unless embodied in a writing, executed by the Parties pursuant to paragraph 8 of this Contract, and approved in accordance with Colorado State fiscal rules and policies. 15. 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 this 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. 16. Waiver. The waiver of any breach of a term, provision or requirement hereof shall not be construed as a waiver of any other term, provision or requirement or of any subsequent breach of the same term, provision or requirement. 17. Binding on Successors. Except as otherwise provided herein, this Contract shall inure to the benefit of and be binding upon the Parties, and their respective successors and assigns. 18. Assignment. Notwithstanding paragraph 17, the Contractor may not assign its rights or duties under this Contract without the prior written consent of the State. No subcontract or transfer of this Contract shall in any case release the Contractor of responsibilities under this Contract. 19. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, all terms and conditions of this Contract, including but not limited to the exhibits and attachments hereto, which may require continued performance, compliance or effect beyond the termination date of this Contract shall survive such termination date and shall be enforceable by the State in the event of any 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 exist, ownership of the property acquired or improved shall pass to a constituent local government or other eligible governmental successor in interest, or other successor if specifically authorized in Exhibit A, so that the property can continue to be used as a public facility or to provide a public service. 21. Non-Discrimination. The Contractor agrees to comply with the letter and the spirit of all applicable state and federal laws and requirements with respect to discrimination and unfair employment practices. 22. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal, state and local laws, and their implementing regulations, that have been or may thereafter be established, which laws and regulations are incorporated herein by this reference as terms and conditions of this Contract. The Contractor also shall require compliance with such laws and regulations by subcontractors under subcontracts entered into in connection with the Project. 23. Order of Precedence. In the event of conflicts or inconsistencies between this Contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: A. Colorado Special Provisions, of this contract. B. Modifications to the Contract, pursuant to Exhibits B-1, B-2, or Amendment. C. Remaining paragraphs of the Contract. D. Exhibit A, Scope of Services. 5 EIAF # 6617 Pitkin County 800 DTRS Infrastructure 24. Availability of Funds. This Contract is contingent upon the continuing availability of State appropriations as provided in Section 2 of the Colorado Special Provisions, incorporated as a part of this Contract. The State is prohibited by law from making fiscal commitments beyond the term of its current fiscal period. If federal appropriations or grants fund this Contract in whole or in part, this Contract is subject to and contingent upon the continuing availability of appropriated federal funds for this Contract. If State of Colorado or federal funds are not appropriated, or otherwise become unavailable to fund this Contract, the State may immediately terminate this Contract in whole or in part without further liability. 25. Third Party Beneficiaries. The enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement shall be strictly reserved to the State and the Contractor. Nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any third person. It is the express intention of the State and the Contractor that any such person or entity, other than the State or the Contractor, receiving services or benefits under this Contract shall be deemed an incidental beneficiary only. 26. Indemnification. i. Intergovernmental Grants If this is an intergovernmental Grant, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. ii. Non-Intergovernmental Grants Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, subcontractors, or assignees pursuant to the terms of this Grant. 6 ~-3 EIAF # 6617 Pitkin County 800 DTRS Infrastructure SPECIAL PROVISIONS These Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW. Contractor shall strictly comply with alt applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [NotApplicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 7 ~Y EIAF # 6617 Pitkin County 800 DTRS Infrastructure 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [NotApplicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. Revised 1-1-09 8 r 5 EIAF # 6617 Pitkin County 800 DTRS Infrastructure THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR STATE OF COLORADO Board of County Commissioners Bill Ritter, Jr., GOVERNOR Pitkin County, Colorado By: Name of Authorized Individual DEPARTMENT OF LOCAL AFFAIRS Title: Official Title of Authorized Individual By: Susan E. Kirkpatrick, Executive Director "Signature Date: Date: PRE-APPROVED FORM CONTRACT REVIEWER By: Teri Davis, Director of Local Government Services Date: ALL CONTRACTS REQUIRE APPROVAL by the STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: Rose Marie Auten, Controller Delegate Date: Revised June 2, 2008 9 EIAF # 6617 Pitkin County 800 DTRS Infrastructure EXHIBIT A SCOPE OF SERVICES 10 EIAF # 6617 Pitkin County 800 DTRS Infrastructure EXHIBIT A SCOPE OF SERVICES 1. PROJECT DESCRIPTION. OBJECTIVES AND REQUIREMENTS The Project consists of installing equipment at the Ajax Mountain site to support the state Digital Trunked Radio System, including 800 MHZ site radios, a generator, microwave equipment, tower, air conditioner, and renovating a building for the equipment. The Project as outlined and in cooperation with the Colorado Department of Information Technology will improve public safety by providing 800MHz radio coverage along Highway 82 and major county roads where there is currently minimal coverage. The Aspen/Pitkin County Communications Center will be in a better position to provide greater interoperabilityand enhanced public safety. Eligible expenses include but are not limited to; Materials costs, freight costs, RFP/Bid advertisement costs, hardware, software and training costs, labor and materials costs, bond and insurance costs, purchase and erection of pre-engineered buildings, administration, permit fees and attorney's fees. Energy and Mineral Impact Assistance program funds in the amount of THREE HUNDRED AND ONE THOUSAND FIVE-HUNDRED AND XX/100 Dollars ($301,500} are provided under this Contract to finance Project costs. The Contractor shall provide TWENTY-EIGHT THOUSAND AND XX/100 Dollars ( 28 000) in Project financing from sources other than State funds, and, in any event, is responsible for all Project cost in excess of THREE HUNDRED AND ONE THOUSAND FIVE-HUNDRED AND XX/100 Dollars ($301,500). Construction plans and specifications have been drawn up by a qualified engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado law, and hired by the Contractor through a competitive selection process. A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Contractor being obligated to award the construction contract to the lowest responsible bidder meeting the Contractor's specifications. A contact shall be awarded to a qualified firm through a formal RFP or competitive selection process. A contract shall be awarded to a qualified vendor or firm through a competitive selection process with the Contractor being obligated to award the contract to the lowest responsible bidder meeting the Contractor's specifications. If cost savings are incurred while completing the Project, the State may require that those savings be split on a pro- rata basis between the State and the Contractor. During a period of ten (10) years following the date of closeout of the Project by the State, the Contractor may not change the use or planned use of the property. If the Contractor decides to change the use of the property to a use which the State determines does not qualify in meeting the original intent of the Project, the Contractor must reimburse to the State an amount equal to the current fair market value of the property, less any portion of the value attributable to expenditures of non Energy Impact funds for acquisition of and improvements to, the property. At the end of the ten (10) year period following the date of completion and thereafter, no State restrictions on use of the property shall be in effect. 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 upon execution, and any and all contracts entered into by the Contractor or any of its subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. The Contractor agrees to acknowledge the Colorado Department of Local Affairs in any and all materials or events designed to promote or educate the public about the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets. 2. ENERGY AND MINERAL IMPACT Historically, Pitkin County was heavily influenced by silver mining. The clean up from the activity continues to this date. There was 8.9 million tons of coal produced in the County from 1980 to 1990 and much more before that. The County currently has ten active oil and gas sites, and 753 inactive mines. 11 EIAF # 6617 Pitkin County 800 DTRS Infrastructure 3. TIME OF PERFORMANCE The Project shall commence upon the Effective Date and shall be completed on or before December 31.2009. In accordance with paragraph 8.b.i. of this Contract, the Contractor may request an extension of the time for performance by submitting a written request, including a full justification for the request, to the State at least thirty (30) days prior to the termination of the performance period. If the State, in its sole discretion, consents to an extension, the State shall grant such extension in accordance with paragraph 8.b.i. of this Contract. 4. BUDGET Revenues Expenditures Energy/Mineral Impact -GRANT $301,500 Engineering Services (DOIT) $ 68,000 Contractor Funds $ 28,000 Building or Facility Construction $ 97,750 State of Colorado Department of 68 000 Equipment, Vehicles, or Materials $205,750 Information Technology - In Kind Acquisition Administration/Permits/Legal 28 000 (Pitkin County) Total $397,500 Total $397,500 5. REMIT ADDRESS: (Address to where payments are to be sent) 506 East Main Street. Department C Aspen, CO 81611 6. DISTRIBUTION SCHEDULE Grant Pavments $271,350 Available for 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. 30 150 Available for final payment to be made to Contractor upon the completion of the Project and submission by the Contractor of final financial and narrative status reports documenting the expenditure of all Energy/Mineral Impact Assistance funds for which payment has been requested. $301,500 Maximum Available 7. PAYMENT PROCEDURE The State shall establish billing procedures and pay the Contractor for actual expenditures made in the performance of this Contract based on the submission of statements in the format prescribed by the State. The Contractor shall submit requests for reimbursement, setting forth a detailed description of the amounts and types of reimbursable expenses. Payments pursuant to this Contract shall be made, in whole or in part, from available funds encumbered for the purposes of this Contract. The liability of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. In the event this Contract is terminated, final payment to the Contractor may be withheld at the discretion of the State until completion of final audit. Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be recovered from the Contractor by deduction from subsequent payment under this Contract or other contracts between the State and the Contractor, or by the State as a debt due to the State. 8. CONTRACT MONITORING The State shall monitor this Contract on an as-needed basis, as determined by the State in its sole discretion. The State or any of its duly authorized representatives shall have the right to enter, inspect and examine the Project upon twenty-four (24) hours advance written notice to the Responsible Administrator. 12 I~ f EIAF # 6617 Pitkin County 800 DTRS Infrastructure 9. REPORTING SCHEDULE At the time the Contractor submits periodic payment requests, the Contractor shall submit, on a periodic basis, financial and narrative status reports detailing Project progress and properly documenting all to-date expenditures of Energy and Mineral Impact Assistance funds. The form and substance of such status reports shall be in accordance with the procedures developed and prescribed by the State. The preparation of reports in a timely manner shall be the responsibility of the Contractor and failure to comply may result in the delay of payment of funds and/or termination of this Contract. Required reports shall be submitted to the State at such time as otherwise specified by the State. 13 EIAF # 6617 Pitkin County 800 DTRS Infrastructure EXHIBIT B1 OPTION LETTER 14 EIAF # 6617 Pitkin County 800 DTRS Infrastructure EXHIBIT B1 Contract Routing # Encumbrance # Vendor # (for Remit Address APPR GBL OPTION LETTER # (Grant Between Colorado Department of Local Affairs and (Grantee Name and Address) Date: State Fiscal Year: Option Letter No.: SUBJECT: Option to renew for additional term In accordance with paragraph 8.b.i of contract routing number ,between the State of Colorado, Department of Local Affairs, (Division name) and (Contractor's Name) ,the State hereby exercises the option for an additional term of (OPTION 1) _ ( )months, (OPTION 2) one (1) year. The State may exercise this option only once during the duration of the Contract. The amount of the current Fiscal Year contract value shall remain unchanged. The first sentence in paragraph 3 of Exhibit A of the Contract is hereby modified accordingly. The total contract value to include all previous amendments, option letters, etc. i~($ ) APPROVALS: - State of Colorado: Bill Ritter, Jr., Governor (for) Susan E. Kirkpatrick, Executive U ~oc'~r Department of Local Affairs Reviewed by: Pre-approved Form Contract Reviewer ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This Option Letter is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance under this Option Letter until the Option Letter is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and / or services provided. STATE CONTROLLER: David J. McDermott, CPA By Rose Marie Auten, Controller Department of Local Affairs Date 15 EIAF # 6617 Pitkin County 800 DTRS Infrastructure EXHIBIT 62 CHANGE ORDER LETTER 16 ~3 EIAF # 6617 Pitkin County 800 DTRS Infrastructure EXHIBIT B-2 Contract Routing # Encumbrance # Vendor # (for Remit Address) APPR GBL CHANGE ORDER LETTER # In accordance with paragraph 8.b.ii of contract routing number between the State of Colorado Department of Local Affairs, and (Name of Contractor covering the period of (include performance period here), the State hereby unilaterally modifies the Contract as follows: (Indicate purpose by choosing at least one of the following) Choice #1: Responsible Administrator: Paragraph 2 of the Contract is amended by deleting the name of the current Responsible Administrator in the first sentence and inserting in lieu thereof the name of the successor Responsible Administrator as follows: Choice #2: Administrative Budget Categories: Exhibit A (Statement of Work) to the Contract is amended by transferring revenues and expenditures among administrative categories of paragraph 4 (Budget) as follows: The total revenues and expenditures set forth in paragraph 4 of Exhibit A (Scope of Services) remain unchanged. Choice #3: .Cumulative Budgetary Line Item Changes in Excess of the lesser of ten percent (10%) or Twenty Thousand Dollars ($20,000.00). Exhibit A (Scope of Services) to the Contract is amended by modifying paragraph 4 (Budget) as follows: The total revenues and expenditures set forth in paragraph 4 of Exhibit A (Scope of Services) remain unchanged. Choice #4: Remit Address: Exhibit A (Scope of Services) to the Contract is amended by deleting the current "Remit Address" in paragraph 5 (Remit Address) and inserting in lieu thereof the new "Remit Address" as follows: The effective date of this change order is upon approval of the State Conger, or delegee, or , 20_, whichever is later. APPROVALS: - State of Colorado: Bill Ritter, Jr., Governor By: _ _ _ _ Date: (for) Susan E. Kirkpatrick, Execute > erector Department of Local Affairs Reviewed by: Pre-approved Form Coy _ract Reviewer 17 3y EIAF # 6617 Pitkin County 800 DTRS Infrastructure ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: David J. McDermott, CPA By Rose L ~~ie ,4 t~~,, Controller - ~'epar ~ ;f ~r~cal Affairs ~ _ 18 ~ 5~