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Home My WebLink Aboutbocc.con.077.2013 t I 1! Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: l 7 �� 3 ORIGINATING DEPARTMENT: L / lO J' Q. r Y / PROCUREMENT OFFICER: KR'�'R IC(^ PHONE#: 9 ]C�� 1/ �� Cka�lrr n/ /, PROJECTNAME: Wf6P4�e CONTRACTOR: �P ` l � f/✓ fti Jl C'on^ �aQny D ts,`9 n / DOLLAR AMOUNT: °d LINE ITEM# �6 6 6 � -�OOCJO " Fa�0 � �.2��000, / CONTRACT EXECUTION DATE: }��(110f 3 CONTRACT END DATE: �� Y( ��3 AUTOMATIC RENEWAL: ❑ YES ,�CE NO TERM: ❑ BOCC AGENDA ITEM (Grants, IGA) �STAFF AUTHORIZED S[GNA'I'URE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ❑ OV ER$50,000 (Requires Section Leader&County Managers Signature) ✓ CHECK PROCUREMENT TYPE: ❑None �Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: /�j /�� L �Services/Maintenance ❑ Employment ❑ License/Use ❑ Intergovernmental Agreement(Resolution Required) ❑ Lease ❑ Non-Profit , ❑ Construction ❑ Quasi-Public (e.g.-AVH) ❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required) ❑ Other(e.g. revenue) ❑ Change OrdedContract Amendment (C/O: 10%or$2�K whichever is the Iesser must have County Manager signaWre) All Contracts should be proofed and all exhibits and notices must be attached for the following: ✓ �No Pages Missing ✓[✓]�All Other Blanks Filled In ✓ ❑ If Page Left [ntentionally Blank—Note on Page ✓❑ All Exhibits Attached ✓ �age numbered consecutively ✓❑ All Legal Descriptions attached (ijupp(icuble) ✓ All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (r/'applicable ✓ �II Dates Pilled In ✓❑ Warranty(if applicable) ✓ �Special Instructions for Finance Departmen • / / ✓ [�✓'Authorized Procurement Officer's Name:�(r��1e�( �jl/(Q/lC� �C � BY CHECKING ABOV� ANll ENTERING NANtE,THF, AUTAORIZI:D STAFF PERSON IIVI)ICAT[;S THA7' TIiG A'CTACHED llOCUMENT 1fAS BELN YROO['GD ANll f2EAllY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATG ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! Contract# Rev. 8.3/.l l jua/js Budget Line Item 1/ � INFORMAL SERVICES $10,000-$49,999 SERVICES — weed spraying, tree trimming, landscaping, consulting, intemet services, haulers, testing, professional services, processing, routine services. � PROCUREMENT CHECKLIST: �tain budget and approvaLfor project/purchase; determine budget line item number !/ Obtain contract number from clerk's office v Determine scope of work and criteria far selection (ensure proposers receive same information) If this is a new service provider/contractor for Pitkin County, contact Human Resources to conduct a verification of independent contractor status. Please note Humau Resources needs two business days for this review. !/ Determine selection method and begin completion of required forms • informal procurement; or • outside agency bid; or • emergency; or • sole source; or • Other exception (see Section 1-102(3) of the Procurement Code). • RFP �Proceed with soliciting informal proposals (3-contacts via any method you wish and complete the Informal Procurement Memorandum for file). _Selecf and notify proposer and complete necessary forms , • For new service providers or providers who use a social security number for taxpayer identification, Finance needs a completed W-9 before any invoice will be paid. • Work Comp waiver form; when needed. • Complete the Informal Procurement Memorandum for file. � Prepare written contract; include scope of work and send to contractor for signature. ✓ Notify other proposers of selection (by telephone or Unsuccessful Bidder Letter). Keep documentation in file. 1 Contract# Rev. 8.3/.1/joa/js Budge[Line Item# �ntract with required signatures and certificate of insurance are routed fo the necessary internal staff for signature. NOTE: ➢ If the project has potential to exceed$50,000; formal procurement is required. ➢ If purchase is over budget by 10% or $25,000 (single or cumulative), whichever is less, or the scope changes significantly, a Budget Supplemental will need to go to the BOCC for approval before service is completed or contract is signed. ➢ If using the standard Contract forms without any changes there is no need for Risk or Attorney signature. If anything non-standard (changes to anything that is not red) is in the Contract you must add Risk and Attorney to signature page of Contract. Expect up to 30-days for review period for both Attorney and Risk for non-standard contracts. �The fully executed original contract with all attachments along with the completed Clerk's Contract Coversheet must be sent to Clerk's Office (Jeanette Jones) for scanning. All Contract Amendments along with the Clerk's Contract Coversheet must be sent to the Clerk's office for scanning. Example: 225.2011-A, B, etc. Final service received (Do not authorize final payment until you are satisfied that the contract has been fully and satisfactorily completed.) Final invoice received, approved by procurement officer, and paid by Finance. 2 Services Contract#772013 Budget Line Item#166.62.00000.8200U � � � I .� . ��r � �' � .�� oc�� CONTRACT FOR PROVISION OF SERVICES Design and Development of a New Library Website THIS CONTRACT is made and entercd by and between the Pitkin County Board of County Commissioners ("County") and The Cherrv Hill Companv (hereinafter"Contractor"). 1. Term. The term of this contract is from April l, 2013 to July 24, 2013 2. Contractor's Obliaations. The Contractor will build an entirc website. The contractor'shourly rate will not exceed $168. The project hours are not to exceed 152 hours. A good faith estimate of 1 15 hours has been given by the contractor for this projecL A $2,500 discount will be added to the final invoice to reflect thc Pitkin County's waiver of the professional liability insurance requirement. The Contractor will be responsible for taking the site from development to production. The Contractor will redirect links Yrom the old web pages to thc new site. The Contractor will bc responsible for overseeing the shilting of the URL to the new site. Contractor will warranty thcir work for a period orone year. During the first 12 months after completion of the websitc thc Contractor will be responsible for fixing issues direcdy related to the general library site configuration, and theming of the site. The warranty does not include routine site maintenance or ongoing development of thc site. The project will include the following phases: A. Requirements gathering, project planning, and wireframing 15-20 hours. Projected Completion April L2`�. ' � i The Contractor will.work with the library ro finalize the information architecture for the site. The Contractor will deliver tinal wireframes detailing the components and features of�the home page and interior pages. 1 . Services Contract tk772013 - Budget Line Irem#166.62.00000.8200 B. General Library Site configuration 40-50 hours. Projected Completion May 3l`�. The Contractor will configure the sitc using the Drupal content management system. Contractor will choose Drupal modules or other software that are stable versions. Unless otherwise agreed upon, the Contractor will develop and build the site to operate with version 7 of Drupal. Contractor will work exclusively with non-proprietary software or will disclose any and all use of proprietary features to be utilized in the creation and implementation of the site. The library will make the final decision on the use of any proprietary software. Contractor will also create a staging/devclopment site to serve as a test site for the future implementation of modules and site edits. The command line tool Drush will be added to the production and staging servers. Version control will be managed with GIT or a similar tool. The configuration phase of the project will make the best possible use of the library's existing investment in the VuFind OPAC. The site will need to be easily navigated by users and meet W3C accessibility guidelines. The site will include WYSIWIG site editing tools as well as tools that will enable staffto edit the CSS ofthe site. The CSS editing tools will include parameters ihat will ensure the styles/designs displayed on the site remain consistent with thc original design intentions. The Contractor will work with the library to design levels of permissions that.will allow administrators and staYf to add or change content within specific areas/pages oPthe sitc. The Contractor will optimize RSS for the site. Library patrons will bc able to subscribe to pages or scparate content sections of interest to them. Not all pages would automatically include an RSS feed. When creating a new page a checkbox will allow the creator to include an RSS fced in its final form. The Contractor will build a page that will list all of the RSS feeds available on the site. The Contractor will wark with the library to create site taxonomy. The site taxonomy will be the basis for building an effective, efficient site search tool. The Contractor will optimize the search feature of the site. Patrons should be able to search the entire site for content or specific terms of interest. The seazch feature will appear on every page of thc site. The search box will also be joined with the catalog so patrons may opt to search the site, the collection, or rescarch materials from one search interface. The Contractor will implement a Drupal modufe or similar feature that will allow staff to easily generate online forms. This feature should include the ability to sign up for a library card. Completed forms should include an automated reply to the patron informing them of the action that will be taken and the data should be directed to any email address of choice. C. Design 10-12 hours. Projected Completion June 14°i. The design of the site is to be communicated using art, style tiles, and photoshop comps. The Contractor will develop a clean, elegant, and unique desi�m that fits with Pitkin County Library's current color scheme and branding. The site should be visually appealing for the user. Our content (books, audio, music, video, e-content, and databases) must be visibly engaging and dynamic. The design phase will also include the implementation of the content widgets from BookLetters. 2 Services Contract#772013 Budget Line ttem#166.62.00000.8200 D. Theming 35-45 hours. Projccted Completion July 3"�. The Contractor will implement the final design using CSS and based on or developed into a responsive Drupal theme. The appearance of the website will be outstanding on the widest range of screcn sizes possible. The design will make every effort to embrace W3C accessibility guidelines. The Contracror will deliver all CSS, php, txt, image, and other theme related files to the library. E. Project managcment I 5-20 hours. Projected Completion July 24`�'. Thc Contractor will train library staff how to use and manage the site once it is completed, and provide the library with the documentation necded to replicate it. Contractor will provide comprehensive documentation and videos for how to use and maintain [he site. Training will be divided into categories based on role. Videos.for those who need to maintain security updates for the site, for example, will include information on using Git, Drush and features. Videos for day- to-day content managers will demonstrate Drupal configuration tools such as the WYSIWYG cditor, troubleshooting when odd characters display on pages, and menu system management. To achieve the necessary level of knowledge for effective site management it will be helpful for the Contractor to share the following information with library staff: the location, organization, and type of files, typical issues associated with security updates; best practices for creating site backups and updating modules. The Contractor will demonstrate thc proper process for adding new modules and how to assure the interoperability of versions. As the site is constructed, the more opportunities for learning and understanding that can take place between the library staft' and the Contractor the better. All aspects of web development; including architecture, themes, and content development, must be shared with the library. It is the intention ihat library staft�will possess the skills necessary to redcvelop othcr websites the library manages. Library staff will be engaged through the entire process in a learning capacity. 3. Compensation and Exnenses, Invoicina, Pavment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 2. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of$24,000 for all services rendered. By contract or amendment, the County and Contractor may reallocatc the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project as follows: All serviccs will 6e billed on actual hours worked, and billed in half hour increments. Pitkin County will pay 40%of the low estimate on contract signing; 50% at completion of the development phase and ihe balance of 10% upon completion, with payment expected within thirty (30)days of invoice, but any payment by the County may be offset by any amount the Contractor owes the County for any reason. 3 Services Contract#772013 � Budge[Line Item#166.62.00OOO.R200 4. Countv's Exclusive Ownershin of Work Product. Pitkin County will retain ownership of all design, architecture, graphics, files, data, source code, and other products created as a result of the projecL The County will have etemal, unrestricted legal permission to edit, make derivatives of, develop, and globally distribute all source code powering the website. All souroe code, including initial development, releases, modifications or changcs to any software used within the site will be the property of the County or public domain and readily available to the county for continuing development. However, Contractor shall have the right to utilize such documents in thc course of its marketing, professional presentations, and for othcr business purposes. Contractor assigns to County thc copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations, aRicles, speeches and other business purposes. No logo or other advertisement for the Contractor or any third party will be permitted on the site. Contractor reserves the right to identify themselves in code which they crcate. All Drupal code created by the contractor, in connection with this contract, inherits Drupal's GPLv2 license. 5. Pitkin Countv's Oblieations. Pitkin County shall administer this contract through a County Representative. Drew Brookhart will manage the project as the County's Representative. The scrvices provided and p�oducts delivered by the Contractor under this contraci will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final pay�nent. 6. Termination Prior to Expiration of Contract Term. The County or the Contractor has the right to teeminate this contract, with or without cause, by giving written notice to the other party of such termination and specifying the effective date thereof. Such notice shall be given at least ten (]0) days before the effective date of such termination. In such event all finished or unfinished assets;documents, d�ta, studies and reports prepared by the Contractor pursuant to this contract shall become the Counry's property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory work completcd pursuant to the terms of this contract prior to the date of tennination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contr�ctoc 7. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. 4 Services Contract H772013 Budget Line Item #166.62.00OOO.R200 . B. Contractor is not required to offer his services exclusively to Pitkin County under this contract. Contractor may choosc to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of caze, skill and diligence in the performance of Contractor's obligations under this contract D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employce, servant or agent in the course of completing work under this contract. E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 8. Assittnabilitv. This contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this contract must be accepted in writing by the County. 9. Bindin�Arbitration. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that any disputes conceming the terms and conditions of this contract shall be submitted and finally setfled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hcaring Ofticer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. I0. Severabilitv. In the event that any provision of this contract shall be held to be invalid or unenforccable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. 1 I. Intes*ration and Modification. A. This contract represents the entire and integrated contract between thc Counry and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oraL This contract may be amended only by written contract signed by both the County and the Contractor. . B. The County may, from time to time, request changcs in the scope of services of the Contractor to be performed hereundec Such changes, including the inerease or decreasc in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall bccome part of this contract. 5 Services Contract#772013 Budget Line Item#166.62.00000.8200 L2. Indemnitv. A. The Contractor agrees to indemnity, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, voluntcers, and anyjurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnities, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work donc in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers'compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of thc award of this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elccted officials, trustees, employees, agents, and voluntcers for losses arising from the work perfonned by the Contractor far the County. B. The Contractor further shall investigate, process, respond iq adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or Praudulent. 13. [nsurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requiremenis for this Contract and in no way limit thc inde�nnity covcnants contained in this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of thc work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved ot�any liability or other obligations assumed or pursuant to thc Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits oPliability not less than those stated below. An umbrella and/or excess liability policy may be 6 Services Contract#772013 Budget Line Item #166.62.00000.8200 . used to meet the minimum liability requirements provided that the coverage is wririen on a "following form" basis. 1. Statutory Workers' Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2. Commercial General Liability— ISO I CG 0001 form or equivalent. (With County nained us un uddilional inst�rec� Minimum Limits: General Aggregate, $ 2,OOQ000 ��' Each Occurrence Limit $ 1,000,000 �� . Personal/Advertising Injury $ 1,000,000 Fire Damage (Any Onc Fire) $ 50,000 Medical Pa}nnents (Any One Person) $ 5,000 Coverage to include: • Premises and Operations ' • Personal /Advertising Injury • Products /Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors 7 Services Contract#772013 Budget Line Item #166.62.00OOO.R200 • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) � • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall,be endorsed to indude the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elccted officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". B. Proof of Insurance: • 1. Each insurance policy required by the insurance provisions of this Contract shall � provide the required coverage and shall not be suspendcd, voidcd or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non- payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to (County Representative's Name & Address). [f the insurance carrier will not provide the required notice, the ContractodContractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers' notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Procurement Officer a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense wsts expended and amounts remaining on policy limits. 2. In addition, these Certificates of Insurance shall contain the following clauses: a. The contractor's insurance shall be primary and non-contributory with any insurance or self insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductiblcs or self insured re[entions in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." 3. Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or there-after. 8 Services Contract k772013 Budget Line Item#166.62.00000.8200 � . 4. The County reserves thc right to rcquest and receivc a copy of any policy and any policy endorsemcnt at any time during the term of this contract. 14. Exemptions and Preferences. All purchases of construction or building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt trom such taxes under registration numbers 98-02624 and 84-78000-SK. 15. Records. The Contractor shall main[ain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract for.a period of three (3) years afrer final payment under the wntract and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the contract and applicable law. 16. Contract Made in Colorado. The parties agree that this contract was made.in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 17. Attomev's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be entitled to its costs and reasonable attomey's fees. 18. Govemmental Immunitv. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $I SQ000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-I Ol, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to requirc or provide for indemnification of the Contractor by ihe County for any injury to any person or any property damage whatsoevcr which is caused by the negligence or other misconduct of the County or its agent or employees. 19. Current Year Oblir�ations. The parties acknowledge and agree that any paymcnts provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin Counry's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construcd or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly ob(igate 9 Services Contract#772013 Budget Line Item#166.62.00OOO.fi200 Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal ycar. No provisions of this wntract shall be construed to pledge or crcate a lien on any class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 20. Notice. Any written notice required by this contract shall be deemed delivered through any of the following: (I) hand delivery to the person at the address below; (2) delivery by facsimile with conhrmation of receipt to the fax number below; or(3)within three(3)days of being sent certified first class mail, postage prepaid, return receipt requested addressed as fol lows: A. To Pitkin County.Librarian with copies to: Pitkin County Library Pitkin County Attorney's Office 120 North Mill Street 530 E. Main Street, #302 Aspen, CO 816] l Aspcn, Colorado 8161 I Fax (970) 925-3935 Fax: (970) 920-5198 � B. The Cherry Hill Company I 1664 Nationa] Blvd. 143 Los Angeles, CA 90064 21. Public Contracts for Services and Public Contracts with Natural Persons. In confonnance with the provisions ofC.R.S. ¢ 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101, as amended PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-1OL [Not Applicable ta agreements re/ating to the offer, issttance, or sale nFsecuritie,s, investment advisnry seyvices or,Femd management.services, sponsored pr•ojecLs, tntergovernmenta!agreements, or in/'a-matlon technology services or prodr�cls aiid seivicesJ 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 employecs who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Prograin or the Department program established pursuant to CRS §8-17.5- ]02(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 ofjob 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 10 Services Contract#772013 Budget Line Item #166.62.00000.8200 � � with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not srop employing or contracting with the illegal alien within three days of receiving thc notice, and (d) shall comply with reasonablc 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. [f Contr�ctor participates in the Department program, Contractor shall deliver ro 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 wmply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-1 O1 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. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS &24-76.5-101. Contractor, ifa 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. IN WITNESS WHEREOF, the parties have executed this contract as ofthe datc first se[out herein above. CONTRACTOR: . By: cC�� Title Pre ent DateApril 3 , 1013 l- PITKIN CO < 'TY, COLORADO: By � D te ��t//u�3� �O/ 3 . ii