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HomeMy WebLinkAboutbocc.con.054.2017�1'r"'" Pitkin County COONr I Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by ContractorNendor and Pitkin County Project Lead. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement belfirdpitkincounh.com). Any contracts $50,000 and over will be routed for signatures to County Manager and Attorney's Office (if required) by Procurement & Contracts Manager. Contract Information Contract Number 054.2017 Project Manager Don Bird Project Name Telecommunications Equipment and Services _ S 10,000.00 Contractor Telewest N Inc Budget Line Item Click here to enter text. $ Additional Budget Line Items) (Please fully allocate New Contract Total) S $ $ $ Contract Start Date 1/1/2017 Contract End Date 12/31/2019 Automatic Renewal Yes® No❑ _ If Construction: Reminage Yes $ or % No® If this is a new contractor, please request they complete and submit to Finance a W-9 Form. Contact Information: Department Jail Project Manager Don Bird Project Manager Phone (970)429-2057 Provide a brief description of the contract: Calling cards and equipment for Contract Value Summary: Original Contract Amount $ 10,000.00 Previous Change Order/Amendment Amount (if applicable) $ This Change order/Amendment amount (ifappllmble) $ New Contract Total _ S 10,000.00 Procurement Method: None ❑ IntomudX Formal ❑ Sole Source ❑ Emergency ❑ Contract Renewal ❑ Contract Type: Services/Maintenance A Construction ❑ Goods, Equipment, Supplies ❑ Change Order/Amendment ❑ Other, please explain ❑ Click here to enter text. NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RF.TAINAGF SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract # 054.2017 Revision. 1010512016 btf Budget Line Item # �jTKIN u COUNT (s 0 1) PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES TELECOMMUNICATIONS EQUIPMENT AND SERVICES THIS CONTRACT, made December 28, 2016 by and between the Board of County Commissioners of Pitkin County, Colorado, 123 Emma Rd., Suite #106, Basalt, CO 81621, (hereinafter called the "County") and Telewest IV Inc., P.O. Box 312, Edwards, CO 81632 (hereinafter called the "Contractor") to perform the following work: Telecommunications Equipment and Services ("Project"). I. Term of Contract: The term of this contract is from January 1, 2017 to December 31, 2019. At the expiration of the initial term, the contract may be extended for two (2) additional terms of one (1) year by the express written consent of both parties. IL Contractor's Obligations. Contractor shall provide certain telecommunications equipment and charge for call telephones and services, and providing automated - operator assisted station to station or person to person collect telephone calls and County has full operating and management responsibility for the detention facility, jail, or prison, and with respect to those premises so noted, wished to establish a pay telephone vending arrangement as described herein: I . County hereby grants Contractor an exclusive License to install and operate pay for call telecommunications equipment at the Facility, in a type and quantity approved by County and hereby agrees to provide space in the noted facility for the purposes of installing such equipment. 2. Contractor shall be responsible for the procurement, purchase, installation, maintenance and service of all such equipment. Contractor and County shall mutually agree to the number, type, and location of the pay telephone stations, and shall commence installation within ninety (90) days from the availability of a Contractor owned DSL, T -I Data service tine from a company that provides this service or the use of the County's T- I Line. Contractor shall not be liable for any delays in installation. 3. Contractor shall have the exclusive right to obtain usage and billing information, order, connect or disconnect pay telephone services, select carriers, purchase available public utility equipment, handle all billing and payments. Contractor shall be responsible for the payment of all charges in connection with the pay for call telephones. 4. Contractor shall maintain the phones in good working order, and shall keep the enclosures and telephone equipment clean and property repaired. Contractor shall 1 Contract H 054.2017 Budget Line Item 4 Rwision: 1a/as/2016 bs not be liable of any lost income during a period that any telephone is out of order or being repaired. Should the telephone system become inoperable, Contractor shall make every attempt within a reasonable period of time to repair the system as this benefits both the County and Contractor. Reasonable period of time shall be defined as twenty-four (24) hours or as otherwise agreed to by the Parties. In the event Contractor does not repair the system in a reasonable period of time after notice from County to do so, County may, without prejudice to other remedies, have the system repaired by a qualified third -party, at a cost to Contractor. Should the County desire to earn additional revenue over and above profits from the revenues generated by the inmate telephones. Contractor shall pay the Customer twenty-five dollars ($25.00) per minor repair such as a handset, or replacement of a defective telephone. Contractor shall keep a supply of inmate telephones and telephone handsets on site for this purpose. The County shall designate a maintenance or other qualified person to perform these minor repairs and Contractor shall train them to perform these repairs. These repairs shall be indicated on the monthly statement Contractor provides for the County and shall be added to the County's share of the profits or a reduction in the cost of prepaid phone cards. 5. Contractor shall be responsible for the managing of all call detail records for the system, including but not limited to : the rating of each record in accord with rates, terms and conditions, for providing IntraLATA, Interl-ATA, interstate and international telecommunications services as filed with the Colorado Public Utilities Commission, for the blocking and unblocking of user billing numbers, and preparation and processing all qualifying message records for billing and collection of revenue. 6. In consideration for this exclusive license and lease agreement Contractor agrees to keep inmate call rates at a very low rate per minute in lou of paying the Customer a commission. 7. County shall buy Prepaid Phone Cards from Contractor for the inmates at face value. County shall sell imnate prepaid phone cards at face value. X. Legal title to all telephones and installed equipment shall remain vested with Contractor. County shall not remove or relocate the installed equipment without Contractor's express consent. Relocation at County's request shall be at the County's expense. Contractor is to accept no liability for holes in walls, floors, or other surfaces which result frmn the installation or removal of the equipment. Upon termination of this agreement, Contractor shal I be responsible only for the removal of the equipment. County shall restore the premises to their original condition. Contractor shall not be responsible for damage to the Facility which occurs duo to vandalism. Contractor shall indemnify, defend and hold County harmless from any liability in connection with the placement, maintenance, or usage of the telephone equipment. 9. County herby represents that the Facility is owned and/or exclusively operated by the County and County is authorized to enter into this agreement with respect to the Contract p 054.2017 Revision: 1010512016 ba Budget Line Item 4 Facility, and that the undersigned is authorized to bind the Facility to this agreement. if. Should the detention functions of any named Facility be transferred to a new location, or building, during the life of this contract, Contractor shall have the option of relocating the telephone equipment and services to the new location, at no liability or expense to the County, and to maintain the terms of this agreement in full effect. It. If legal enforcement of the terms of this agreement is necessary, the prevailing party shall be entitled to reasonable attorney's fees and costs. Contractor and the County mutually agree to cooperate to the fullest extent possible and the best of each party's ability to facilitate the provisioning of terms and services described herein. 12. This agreement shall be deemed to be a contract made under the laws of the State of Colorado and the interpretation and performance of the agreement shall be governed by all applicable State laws, and shall be binding upon the parties hereto, their successors, and assignees. Contractor may assign this agreement to any other competent person or entity capable of performance, subject to reasonable approval by the County. III. Compensation and Expenses Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Section It. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of ten thousand dollars and zero cents ($10,000.00) for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County for any reason. IV. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the 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, articles, speeches and other business purposes. V. Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Don Bird, Jail Administrator will manage the project as the County's Representative. In the event that Don Bird is not available, Sara Roush shall Contract d 054.2017 Budget Line Item ft Revision10/0512016 by assume the County Representative's duties. The services 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. VI. Termination 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 finished or unfinished documents, data, 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 termination. 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. VII. 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. B. Contractor is not required to offer his services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or entities dining 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 care, skill and diligc icc 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 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. VIII. Assignability. 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. IX. Bindinc Arbitration. Any disputes arising out of this contract shall be subject to binding arbitration. The paries agree that any disputes concerning the terms and Contract # 0542017 Budget Line Item # Revision: 10105/2016 btf 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 Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. X. Severability. 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. XI. Integration and Modification. A. This contract 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 amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease 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 become pan of this contract. XII. Indcrnnity. 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, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, 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 done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation taw 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 the 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 elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor funher shall investigate, process, respond to, 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 fraudulent. Contract 4 054.2017 Budget Line Item 4 Revision: 10/05/2016 btf XIII. 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 performance of the work hereunder by the Contractor, its agents, representatives, 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. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability arc in excess of those required by this Conu-act. "1'he 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 the 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 of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a "following form" basis. Statutory Workers' Compensation: Colorado statutory minimums a. policy shall contain a waiver of subrogation against the County. U. I l ib requirement tlhall not apply when a cvuuachn or subcontractor is exempt under Colorado Workers' Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Mininmm Limits: Coverage A (Workers' Compensation) Statutory Coverage R (Employers Liability) S 500,000 $ 500,000 S 500,000 2) Commercial General Liability— ISO ICG 0001 form or equivalent. (Mule County named as an additional insut-ed) Minimum Limits: General Aggregate S 2,000,000 Contract 4 054.2017 R—,iun: 10/0511016 bit Budget Line Item 4 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • 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 include 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 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 Contractor, including completed operations". 3) Auto Liability: Bodily injury and property damage for any owned, hired and non -owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount): a. ❑ Performance Bond $ b. ❑ Professional Errors and Omissions c. ❑ Aircraft liability d. ❑ Owner's Protective e. ❑ Builder's Risk f ❑ Boiler and Machinery g. ❑ Loss of Use Insurance 7 Contract 4 054.2017 Budget Line Item H Revision 10/05/2016 btf It. ❑ Pollution Liability ❑ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: I) Each insurance policy 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 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 emailed directly to Procurement Helo(a pitkincounty.com. If the insurance carrier will not provide the required notice, the Consuthant/Contractor 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 Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs 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 beprimary and noncontributory with any insurance or self-insurance puncbascd by the Comity. 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 font of policy. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount 01, and at the sole expense of the Contractor. tF Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." 3) Certificates of Laurance 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 thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. XIV. 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 from such taxes under registration numbers 98-02624 and 84-78000-5k. Contract k 054.2017 Budget Line Item 4 Revision: 1010512016 btf XV. 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 payment under the contract 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. XVI. 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. XVII. Attorney'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 attorney's fees. XVIII. Governmental Immunity. 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 $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental 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. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XIX. Current Year Obligations. The parties acknowledge and agree that any payments 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 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 year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed 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 obligate Pitkin County to make 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 source of Pitkin County's money. Contract t1054.2017 Budget Line Item 4 101051A)16 of of XX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be hand -delivered or sent by registered or certified regular mail, postage pre- paid to the addresses of the parties as follows. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender. To Pitkin County: Don Bird 506 East Main Street, Suite 101 Aspen, CO 81611 Email: Don. Bird@PitkinCounty.com To Contractor: Telewest IV Inc. Y.O. Box 312 Edwards, CO 81632 Phone: (866) 479-6339 Email: rob@mytelewcstnet with copies to: Pitkin County Attorney's Office 123 Emma Rd., Suite #204 Basalt, Colorado 81621 Email: Attomey(d1pitkincounty.com XXL. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.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 §8-17.5-101. [Not Applicable 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 I 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 e aployees who are newly hired for employment in the UniWd Stales to perform work under this contract, through participation in the L -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-Vcrify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (h) 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, (e) 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 10 Contract # 054.2017 Budget Line Item # Revision. -10/05/20]66[) 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 complywith 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. 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. XXII. Prison Rave Elimination Act (PREM Acquirements per DOJ & 115.17 The Contractor asserts that they have not: Engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997) Been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, of if the victim did not consent or was unable to consent or refuse, or Been civilly or administratively adjudicated to have engaged in the activity described. Pitkin County does hereby certify that all contractors whom may come into contract with inmates are required to undergo a criminal background check and the Contractor has complied with this requirement. 11 Contact k xxx.2016 Budget Line Item B xxx.xxu0000.xxxxx Hevlslon: 1010512016 btf IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. Telewest IV Inc. Signature / Date -t)- Printed Name Title PITHIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: Don Bud Date 12