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Home My WebLink Aboutbocc.con.233.2010CLERK'S CHECK LIST FOR CONTRACTS SUBMTTTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 233-2010 ORIGINATING DEPARTMENT/DIVISION: Attorney/Healthy Rivers CONTACT PERSON: Lisa MacDonald PHONE #: 920-5190 PROJECT NAME: Independent review of City of Aspen's Hydropower project ❑ BOCC AGENDA ITEM �STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (per Revised Procurement Code 7/2005) ❑ Over �b50,000 (Requires County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ❑None �Informal �Formal ❑Sole Source ❑Emergency ❑State Bid ❑ ❑Compliance with House Bills 06-1343 and 07-1073 — Immigration Form (Under $10,000, Letters of Engagement, etc �DOLLAR AMOUNT: $ 8,000.00 ✓ CHECK CONTRACT TYPE: � Services/Maintenance ❑License/Use ❑Lease �Construction ❑Goods, Equipment, Supplies DOther (e.g. revenue) Agreements (Requires BOCC Action) ;e Order/Contract Amendment CONTRACTOR: Greg Espegren COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor) Contract Execution Date:l l /20/2010 Automatic Renewal: ❑Yes �No � �� BL'DGET LINE ITEM/LEDGER NUIYIBER: 12383-95002-82003 mployment (for county employees) tergovernmental Agreement (Requires BOCC Action) on-Profit Contract End Date: 01/31/2011 Term of Contract: 2 months � All Contracts should be proofed for Ihe following: �� ✓ �No Pages Missing 5 � ✓�If a Page is Left Intentionally Blank —Note on Page o� ✓ �Page numbered consecutively ✓ �All Signamres A�xed ✓ �All Dates Filled [n ✓ �All Other Blanks Filled In ✓ �All Exhibits Attached ✓�HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract ✓ ❑All Legal Descriptions Attached (if applicable) ✓ QNotice of Award/Notice to Proceed Attached (if applicable) ✓ ❑Warranty (if applicable) ✓ ❑Special Instructions for Finance Department: ✓ �Sentto Clerk and Recorderfor Scanning/Archiving ✓�Authorized Staff Person's Name: Lisa MacDonald BY CHECKING ABOVE A1VD ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCIIMEVT HAS BEEN PROOFED AND READY FOR SCAN�TING. Con[rac[ # 233-2010 Budget L�ne Item # 12383-950002-82003 LETTER OF ENGAGEMENT November 24, 2010 Greg Espegren PO BOX 4115 Eagle, CO 81631 Rev 9/Ib/IOIm Re: Indenendent Review of Citv of Asoen's Castle Creek Hvdroelectric oroiect Dear Mr. Espegren: The purpose of this letter is to summarize the pertinent terms of Pitkin County's arrangement with you to provide the specified services enumerated in the following paragraph. The County's obligation under the Warkers' Compensation Statute requires Pitkin County and you to formalize the terms of this engagement in a notarized writing. Scope of Work: 1) Review of the City of Aspen's Castle Creek Hydropower Plant documents that pertain to biological issues (as provided by County). Collaborate and cooperate with the County's other experts. 2) Preparation of a report evaluating whether documents, reports, studies and conclusions contained in the City of Aspen's Castle Creek Hydropower project adequately addressed biological impacts to Maroon Creek and Castle Creek. 3) Work shall be limited to document review and report production. No field work will take place under this agreement. Fee Basis: Consultant shall perform and complete its services in accordance with the following Schedule of Charges: Hourlv Professional Rates BiologisUAquatic Specialist $80.00 per hour �l � � ConVac[ H 233-2010 Budget Line Irem # 12383-950002-82003 Rev.9/16i101m Additional Charees Support services, deliveries, materials and supplies - cost plus 10%. Per Diem and Lodging - cost plus 10% Vehicle Mileage, per IRS standard allowable rate Total Estimated Fee: $8,000.00 (Estimate 100 hours at $80/hr) It is mutually agreed that the County does not have an exclusive right to your services and it is contemplated that you may provide similar work to other businesses, governments and non-profit organizations. You acknowledge that the wark performed for Pitkin County will be that of an independent contractor and that no employee-employer relationship is created. You have full control over how the services are performed and it is expected that work will be conducted in accordance with industry standazds by applying professional judgment. The County will provide, if necessary, documents and information to complete the wark described in the preceding paragraph. The County representative signing this letter is available to you to discuss any details related to this engagement. This letter of engagement will terminate on December 31, 2011 and will require a new document in succeeding years to be effective. You acknowledge and agree that you shall not be entitled to workers' compensation benefits in connection with this project and that you shall be responsible for the payment of all state and federal income taxes. Illeeal Aliens — Public Contracts for Services In conformance with the provisions of C.R.S. § 8-17.5-101 and 102, as amended; 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 3. Contractor has confirmed the employment eligibility of all employees who aze newly hired for employment to perform wark under the public contract for services through participation in either the E-Verify Program or the Department Program. 4. Contractor shall use either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 5. Should Contractor obtain actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Contractor shall be required to: 2 �_, Con[rac[ # 233-2010 Budge[ Lme Item k 12383-950002-52003 (a) Notify the subcontractor and the County within three days that the contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; (b) Terminate the subcontract with the subcontractor if within three days of receiving the required notice the subcontractor does not stop employing or contracting with the illegal alien; except that the contractor shall not terminate the contract with the subcontractor if the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien; Rev 9/lb/IOIm 6. Contractor shall comply with any reasonable request by the department made in the course of an investigation that the department is undertaking pursuant to C.R.S.8-17.5-102(5). If you aze in agreement with the terms of this letter, please sign below in the presence of a notary and return a copy to us for our files. We appreciate the opportunity of working with you. Sincerely, �/_� � ... . � / � John M. Ely Pitkin Co ey STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The forgoing instrument was acknowledged before me this�day of Ely. Witnessed my hand and official seal. My commission expires: `\\\ ��ACO �ii�� // �.� \S p. , ; ........ .Oti �, ' � .; , � ; ,r p10iq? y `,: o ; `%` •''•. /'UBLIG ;: �p \' //9'',�i,�'` COI��PO\\\` \ � by John M. Contrect N Budgct Line Item # 12383A50002-62003 AGREED: r ^ ,f . _ ,_ � STATE OF COLORAI)O ) � s. COUNTY OF �I£�# � The forgoing instrument was acknowledged before me this , 2010, by Greg Espegren. Witnessed my hand and official sea1. My commission expires: D�' � v Rev.9/I6/IOim �. � �'�� e � I � ;�� . , ,/ ..��% � , �. �� / � PATRICIA K FERGU50N NOTARY PU9LIC STATE :3F C�JL(�i�ADO MY COMMISSION EXPIRES 72•14-13