HomeMy WebLinkAboutbocc.con.232.2013 Rev. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: ,�32.2013
ORIGINATING DEPARTMENT: Pitkin County Facilities
PROCUREMENT OFFICER: Jodi Smith PHONE #: 9709205396
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PROJECT NAME: Jack Rabbit Ridge Gate CONTRACTOR: Stewart Custom Builders
DOLLAR AMOUNT: $3,900.00 LINE ITEM# 003.77.92751.82000
CONTRACT EXECUTION DATE: 8/2U2013 CONTRACT END DATE: 9/30/2013
AUTOMATIC RENEWAL: ❑ YES � NO TERM:
❑ BOCC AGENDA ITEM (Grants, IGA) � STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OV ER$50,000 (Requires Section Leader& County Manager's 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: G� �N/vy"" ��-L
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� Services/Maintenance ❑ Employment
❑ License/Use ❑ [ntergovemmental Agreement(ResoWtion 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"/0 or$25K whichever is the lesscr must have County Manugcr signamre)
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 Intentionally Blank—Note on Page ✓� All Exhibits Attached
✓ � Page numbered consecutively ✓� All Legal Descriptions attached (ijapp[icable)
✓ � All Original Signatures Affixed ✓� Notice of AwardMotice to Proceed Attached (ijapplrcable)
✓ � All Dates Filled In ✓� Warranty(if applicable)
✓ � Special Instructions for Finance Department:
✓ � Authorized Procurement Officer's Name: Jodi Smith, Facilities Manager
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMEIYT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFF[CE WILL KEEP ORIGINAL DOCUMENTS [N COMPLIANCE WITH COLORADO STATE
ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
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Contr�ct#132.2013 �i':".. `'.�'.': !;�;'!•'
Budget Line Item#003.77.92751.82000 - � =!'�` `''
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CONTRACT FOR PROVISION OF SERVICES
�. J�ck Rabbit Ridge Gate
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THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Stewart Custom Builders, 100 Elk Run Drive, Suite 215, Basalt,
Co 81621, (970) 927-5111(hereinafter"Contractor").
i 1. Tenn. The tenn of this contrlct is from Au ug st 1 g; 2013 to September 30, 2013.
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2. Contractor's Obligations. Contractor shall provide services for the fabrication, delivery and
installation of the including but not limited to the following:
• Replace the existing metal posts and chain with two new posts and a 16' metal pole gate..
� Gate will be fastened to the non-hinged post with a chain
I • The chain was recommended due to unforeseen settling that might occur after installation of
� the new posts.
� Post, gate will be painted black
• Posts will be set in concrete
• Cleanup
• Supervision
3. Compensation and Expenses, Invoicing, Pannent and Offset. The Coimty shall compensate
Conh•actor for its services in accordance wi[h the Project Budget and Schedule set out in Paragraph 2.
It is expressly understood and agreed that in no event wili tlie total compensation and reimbursement
� to be paid ltereunder exceed the sum of$3,900 for all services rendered. By contract or amendmeut,
the County and Contractor may reallocate the budget among.project tasks if ttie total budget amount
remains unchanged. Contractor shall iuvoice for the project monthly based on hours worked, with
payment expected within thirty (30) days of invoice, but any payment by tl�e County inay be offset by
any amount the Contractor owes the County for any reason.
; 4. . Countv's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and
�' other documents prepared by Coutractor in comiection with Yhis contract shall 6e the property oF the
County. IIowever, Contractor shall have the right to utilize such documents in the course of its
marketing, professional presentatious, and for other business purposes. Contractor assigns to County
the copyrights to all work prepared, developed, or created pursuant to this contract, inclttding the
right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
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� Contract H132.20I3 Re.. ,1..+1.1! ;�a�r.i�
Budget Line ItemN 003.77.92751.82000 t�r,r::bi:� nn
� perFonn the works publicly; 1nd 5) to display the work publicly. Contractor shall have righY to use
imnterials produced in the course of this contract for marketing putposes 1nd professional
� presentations, arlicles, speeches and other business purposes.
5. Pitkin County's Obli�ations. Pitkin Couuty shall administer this contract throu�h 1 County
� Representltive. Jodi Smith will manage the project as the Couuty's Representltive. The services
i provided and products delivered by the Contractor under this contract will be subject to review by
' the County's Representatives, or a designee, for compliance with Contractor's obligations prior to
final payment.
6. Tennination Prior to Expiration of Contract Term. The County has the right to terminate
this contract, with or without cause, by giving written notice to the Contractor of such termination
and specifying the effective date thereof..Such notice shall be given at least ten (10) days before the
effective date of such termination. In such event all fiivshed or unfinished documents, d1t1, studies
and reports prepared by the Contractor pursuant to this contract shall become the County's property.
Contractor shall be entitled to receive compensation in accordance with the contract for any
satisfactory work completed pursuant to the terms of this contract prior to the date of terniination.
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 Contractor.
7. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them contemptated 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 Cotmty.
B. Contractor is not required to offer his services exclusively to Pitkin County imder this
contract. Contractor may clioose to work for other individuals or entities during tlie 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 coutract.
C. Contractor wan�ants that all work produced will conform to all applicable industry
standard of care, 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 employee, servant or agent in the course of completing work under this contr2ct.
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 Assi�nabilitv. This contract is nof assignable by either party. Any use of subcontractors by
the Contractor for perfonnance of this contract must be accepted in writing by ti�e County.
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9. Bindme Arbitrat�on. Any disputes arisiug oiif of this contract shall be subject to binding
arbitratiou. The parties agree that any disputes concerning the terms and conditions of this contract
shall be submitted and finally settled by arbitration. Arbitration shall.be conducted pursuant to the
rules of the American Arbitration Association and shall be presided over by the Pitkin County
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Contract#132.20L3 7(e��, ;'.±;.li �:;a;:��
Budget Line [tem#003.77.92751.82000 ('�'r�" ��'�;
I-Iearing Officer appointed to arbitrate Pitkin County contract disputes. Costs oP Uie arbitration shall
be awarded to the substantially prevailing party.
10. Severabilitv. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto . �
11. Intearation and Modification.
A. This contrlct represents the entire and integrated contract between the County and the
Contractor and supersedes all prior negotiations, representations, or contract, either written or oral.
This contract may be vnended only by written contract signed by both the County and the Contractor.
B. The County m�y, from time to time, request chinges in the scope of seivices of the
Contractor to be perFormed hereunder: Such changes, induding the iucrease or decrease in the
amotmt of the Contractor's compensation, which are mutually agreed upon between the County and
the Contractor, shlll be in writing and upon execution shall become part of this contract.
12. Indemnitv.
A. The Contractor agrees to indemnify, hold harniless and,not excluding the Coimty's right
to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency
issuing pernuts for any work included in the project„ hereinafter refened to as indemnitee, from all
suits and clauns, including lttorney's fees and cost of litigation, actions, loss, damage, expense, cost or
claims of any character or any nature arising out of the work done in fiilfillment 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 faili�re of the Contractor to conform to any stahrtes, ordinances, regiilation, 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 indenuuty applies. In consideration of the awazd of
this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary,
pazent, associated and/or aftiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and vohmteers for losses arising from the work perfonned by tlie Contractor for the
Comity. ,
B. The Contractor further shall investigate, process, respond to, adjust, provide defense for
and defend, pay or settle �11 claims, demands, or lawsuits related liereto at its sole expense aud shall
bear all other costs and expenses related thereto, even if the clai�n, demand or lawsuit is groundless,
false or fraudulettt.
13. Insurance. 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 perforniance of the work hereiinder 6y the Corit�actor, ifs a�eiits, repcesentatives,
employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way limit
the indemnity covenants contained in this Contract
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Conhact#1322013 i":n. ;'±,.;; r;en r:
Dudget Line Item#003.77.92751.82000 _=t.:zct_ �,,
The County in no way warrants thlt the minimum limits contained herein are sufficie�t to protect the
Contractar from liabilities that might arise out of the performance of the work under this Contract by
the Contractor, its agents, representltives, employees, or subcontractors. The Contractor shall assess
its own risks and if it deems appropri�te and/or prudent, maintain higher limits aud/or broader
coverages. The_Contractor is not relieved of 1ny liability or other obligations assumed or parsuant to
the Contract by reason of its failure to obt�in or maintain insur�nce in sufficient amotmts, duration,
or types.
A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of
liability not less than those slated below. An wnbrella and/or excess liability policy may be used to
meet the minimiun liability requirements provided that the coverage is written on a"following foim"
basis.
1. Stahrtory Workers' Compensation: Colorado stah�tory minimtuns
a. Policy sh111 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 1CG 0001 form or equivalent.
(With County nanzed ns an additio�znl insaa�ed)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Persoval/Advertisii�gInjiuy $ 1,000,000
Fire Damage (Any One Fire) $ 50,000
Medical Paymeuts (Airy One Person) $ 5,000
Coverage to include: '
• Premises and Operations
• Esplosions, Collapse and Underground Hazards
• Personal /Advertising Injury
• Products / Completed Operations
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� Contract#132.2013 �::�r. .s. %Ji ;:.;�;:�
� Budget Line Item#003.77.92751.82000 _:?•^ur-;
• Liability lssumed tmder an Insured Contract (including defense costs assumed under
contrlct)
• Independent Contr�ctoi•s
� e Designated Conshuction Piojects(s) General Aggregate Limit, ISO CG 2503 (1997
Edition or equivalent)
e Additionit Insured—Owners, Lessees or Contractors Endarsement, ISO Fonn 2010
(2004 �dition or equivalent)
e Additional Insured—Owners, Lessees or Contractors �ndorsement, ISO CG 2037
(2004 �dition or equivalent)
• The policy shall be endorsed to include the following additional insured language on
the Additionll Insured �ndorsements speciFied above: "Cotmty, its subsidiary, parent,
' associated and/or affiliated entiYies, successors, or assigns, its elected 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 Contr�ctor, including completed operations".
3. Auto Liability: Bodily injury and property dauiage for any owned, hired, and
non-owned vehicles used in the performance of this Contract.
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Muumum Limits:
Bodily Lijury/Property Daniage (Each Accident) $ 1,000,000
4. Special Coverages (check ns appropriate and insert ar�zount):
❑(1) Performance Bond $
❑(2) Professional Enors and Omissions
i ❑(3) Aircraft Liability
i ❑(4) Owner's Protective
❑(5) Builder's Risk
❑(6) Boiler and Machinery
❑(7) Loss of Use Ins«rance
❑(8) Pollution Liability
❑(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
IB. Proof of Insurance:
� ° 1. Each insurance po(icy required by the insurance provisions of this Contract
shall provide the required coverage and shall not be suspended, voided or canceled except
after thirty (30) days prior written notice ltas been given to the Cotmty, except when
cancellltion 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). If the
( insurance carrier will not provide the required notice; the ConsultanUConh•actor and or its
insurance broker shall notify tlie Couuty oF any clncellation, or reduction in coverage or
� limits of any insurance within seven(7) days of receipt of insurers' notification to that effect.
ISimultaneously with tlie Certificltes of I�isurance, the Confractor shall file with t(�e
Procurement O�cer a certified statement as to claims pending against the required coverages,
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Contract N 132.2013 !°'re. .`;.3 L;: ;:��:�:
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reserves established on accottnt of suclt claims, defense costs expended and amounts remainiug
on policy limifs.
2. In addition, these Ceitificates oP Insurance shall contain the following elauses:
a. The contractor's insura��ce shall be prunary and non-contributoiy with
1ny insurance or self insurance purchased by the County.
b. Tlie insurutce compaiues issuing the policy or policies hereLmder shall
have no recotuse lgainst the County of Pitkin for payment of any premiums or for
assessments under any form of policy.
a Any and all deductibles or self insured retentions in the above-described
insurance policies sl�all be assumed by and be for the amount of, and at the sole expense
of the Contractor.
d. Locfltion of operations shall be: "all operations and locations at which
, work for the referenced Project is being done."
II 3. Certificates of Insurance for all renewal policies shall be delivered to the
Coimty'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 ar thereafter.
4. The Cotmty reserves the right to request and receive a copy of any policy and
any policy endorsement at any time during the tenn 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 Colarado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration ntunbers 98-02624 and 84-78000-SK.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books, records,
and documents concerning its performance relating to this contract for a period of three (3) years after
final paymeut under tlie conh�act and the County shall have the right within the three (3) year period to
inspect and audit these books, records and doc�unents, ttpon dema�d, in a reasonable ntanner and at
reasonable times, for the purpose of deterniining, by accepted accounting and auditing standaids,
compliance with all provisions of the contract and applicable law.
16. Contr�ct Made in Colorado. The parties agree that this contract was made in accordance with
the 11ws of the State of Colorado and shall be so constnied. Venue is agreed to be exclusively in the
courts of Pitkin County, Colorado.
17. Attomey's Fees. Ll the event that legal action is necessary to enforce any of the provisions of
tlus contr�ct beyond the arbitration described in Pazagraph 9, the substantially prevailing party shall be
enttt ed to its costs 1nd reasonable attamey's fees:
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18. Govenuiiental Imm�initv. Contiactor 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
$150,000 per person and $600,000 per occurrence) or ariy other rights, immunities, and protections
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Conh•act#132.2013 !i c�� ._',:�l.,l t ;�a�i'j v
Dudget Line Item#003.7792751.82000 ^''�'!'= ''`.
provided by the Colorado Govenunental Immunity Act, 24-10-101, 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.
PL�rther, nothing in this contract shall be construed or inYerpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any property damage
i whatsoever whicl� is caused by the negligence or other misconduct of the County or its agent or
employees.
19. Current Year Obli atg ions. The parties acknowledge and agree that any payments provided
for hereunder or requirements for future appropriations shall constitute only currently budgeted
expenditures of Pitkin Co�mty. Pitkin County's obligations under this contract are subject to Pitkin
County'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 yeac beyond tl�e then cLtn•ent fiscal year of Pitkin Coimty. No provision of tlie contract
I sh111 be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
fnancial obligation of Pitkin County within the meaning of any constitutional or statutory debt
! limitation. This contract shall not directly or indirectly obligate Pitkin County to inake any payments
� beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this
contract shall be construed to pledge or create 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 soiuce of Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivered through any of
the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
confirmation of receipt to the fax number below; or (3) within tluee (3) days of being sent certified first
class mail, postage prepaid, return receipt requested addressed as follows:
A. Pitkin Countv with copies to:
Jodi Smitl�, Facilities Manager Pitkin County Attorney's Office
485 Rio Grande Pl #101 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax (970) 920-5285 Fax: (970) 920-5198
B. Stewart Custom Builders �
Peter W Stewart
� 100 Elk RLm Drive, Suite 215.
Basalt, Co 81621
Fax 970 927-6500
21. Public Contracts for Seraices and Public Contracts with Nahiral Persons. In conformance
� with the provisions of C.R.S. § 8-17.5-101 and 102, as aniended and C.R.S. § 24-76.5-101, as
iamended
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PUBLIC CONTRACTS FOR SERVIC�S. CRS §8-17.5-101. [Not Applicable to agreen:ents
re/ating to tJte offer, issirance, or sale of securities, ii:vestment advisory services ar fi�nd
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Contract#132.2013 ticr- .�,=i.i�;:z�r.����
Budget L'uie Itemf!003.77.92751.82000 t'e;2ni:�i�a
mn�iageme�tt services, sponsored prnjects, inlergovernme�itai ngreemeiels, or iilfornvatio�a
tedueology services or products nr�d services] Contractor certifies, warrants, aud agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract
and will confinn the employment eligibility of all employees who are newly hired for employment in
the United Stltes to perform�vork under this contract, through participation in the E-Verify Program
� or the Deparfinent program established pursuant to CRS §8-17.5-102(5)(c), Contractor shalt not
knowingly employ or contract with an illegal alien to perfonn work under this contract or enter into a
contract with a subcontractor that fails to certify to Contractor that the subcoi�tractor shall not
knowingly einploy or contrlet with an illegal alien to perform work under this contract. Contractor .
(a) shall not use E-Verify Program or Department prograui procedures to undertake pre-employment
screening ofjob lpplicants while this contract is being performed, (b) shall notify the subconh•actor
and the contracting State agency within three days if Contractor has ach�al knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract,.(c) shall
tenninate the subcontract if a subcontractor does not stop employing or contracting with the illegal
alien within tlu�ee days of receiving the notice, and (d) shall comply widi 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
tetminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS 524-76.5-101. Contractor, if a natural
person eighteen (18) years of age or older, hereby sweazs 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 WITN�SS WHEREOF, the parties have executed this conh•act as of the date first set out herein
above.
CONTRA�TOR: Stewart Custom Builders
By: �/ 1
Title '��. .. _ ... _ . ..._ ... .. _//��Z1��
Date
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PITKIN COUNTY, COLORADO:
By: zl 3
Jodi Smith, ac ' Superintendeu Date
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