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HomeMy WebLinkAboutbocc.con.080.2017 )111`1A Pitkin County `(""`T` Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin County Representative Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurementa'pitkmeounty corn) Am contracts $50.000 and over will he routed for signatures to County Manager and Attornes's Office(if required) by Procurement Contract Information Contract Number 080 2017 Project Name Administration of Down Payment Assistance Grant Program Contractor Funding Partners for Housing Solutions, Inc. Budget Line Item 001 11 95161.82000 $ Additional Budget Line $ Item(s) $ (Please fully allocate New S Contract Total) $ Contract Start Date Click here to enter a date Contract End Date Click here to enter a date Automatic Renewal Yes ❑ No® If Construction: Retainage Yes $ or % No© If this is a new contractor. please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department Administration L Project Manager Rich Englehart Project Manager (970)429-6135 Phone Provide a brief description of the contract: Down payment assistance program Contract Value Summary: Original Contract Amount S 0.00 Previous Change Order/Amendment Amount Of applicable) _ $ 0.00 This Change order/Amendment amount(if applicable) _ _ $ 0.00 New Contract Total S 0.00 Procurement Method: None U Informal❑ Formal D Sole Source ❑ Emergency E Contract Type: Senlees/Maintenance El Construction ,? Goods, Equipment. Supplies Change Order/Amendment ❑ Contract Renewal ❑ Other. please explain O Click here to enter text NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPI IANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract 0 080 2017 aevuron 02/13/2017k9m Budget Line Item#001,11 95151 82000 9%TK1I% COUNT'S PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES ADMINISTRATION OF DOWN PAYMENT ASSISTANCE GRANT PROGRAM THIS CONTRACT, made August 7, 2017 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 Funding Partners for Housing Solutions, Inc, 330 S. College Ave., Suite 400, Fort Collins, CO 80524 (hereinafter called the "Contractor") to perform the following work: Administration of Down Payment Assistance Grant Program ("Project"). Term of Contract The term of this contract is from August 7, 2017 to December 31, 2022. The obligations and all provisions herein shall extend to and cover any additional time period during which Contractor remains in control of County funds or other assets. II. Contractor's Obligations. Contractor shall provide all labor, services, equipment and materials reasonably necessary to administer the Program in accordance with the terms, conditions and other provisions of this Contract and of the investment agreements providing funding for the Program Without limiting the foregoing, Contractor shall expeditiously perform and carry out, in a satisfactory and proper manner, the "Scope of Services" as described and set forth in Paragraph II, further described within the Program Criteria, set forth as Exhibit I, which is attached hereto and made a part hereof by this reference; and Contractor shall timely perform those obligations of the County noted within the Scope of Services and such other grants and loans which the County may obtain during the Term of this Contract For purposes of this paragraph only, notwithstanding anything to the contrary stated elsewhere in this Contract, this Contract may be amended by the County giving notice in writing to Contractor identifying additional grant, loan and other agreements that the County may enter into to fund the Program and such amendment shall become effective twenty-one (21) calendar days after such notice or upon Contractor's acceptance of funds originating from those additional sources, unless Contractor within that time gives written notice to the County that it declines to perform the obligations contained in those additional grants, loans and other agreements. In addition to the specific terms and conditions in the grant award letter dated August 7, 2017, to which these General Grant Terms,Conditions and Understandings are attached, the County is awarding this grant to Contractor, as the Grantee contingent upon the following 1 Contract R xxx,2C lI Rcves,a7 Cr1.13,]OIJam Budget Line Item It 001 11 95161 8200u Grant Proceeds: Three Hundred Thousand and 00/100 dollars ($300,000) to be delivered by electronic transter. incrementally based upon transactions to a depository account held for the exclusive benefit of Cuntractur Tax dixenipt Status. Contractor is a nonprofit organization currentl} recognized c} the internal Revenue Service as a public charity described in sections 501(c)(3) of the Internal Revenue Code of 19S6 as amended (the "Code"): • Contractor's tax-exempt status under sections 501(0(3) of the Code has not changed since the issuance of the IRS determination letter provided to the County, and • there k no issue presently pending before any office of the Internal Revenue Service that could result in any proposed changes to your tax-exempt status under Sections 501(c)(3), and • Granted funds shall be returned to the County in the event Contractor fails to maintain its tax exempt status Contractor shall provide the County with immediate written notification of. (I) any changes in the organization tax-exempt status;(2)any changes to certification status of the organization; (3) inability to expend the grant for the purposes described in the grant award letter;or(4) any expenditure from this grant made for any purpose other than those for which the grant was intended. Performance Reports and Records A. Contractor shall prepare and submit to the County quarterly a detailed Performance Report no later than fifteen (15) days after the end of each calendar quarter Said report shall be in a format acceptable to the County and shall be directly related to the Scope of Services. The contents of the report shall provide data and information to the County to be used for coordinating, monitoring and evaluating the Scope of Services to its completion. Failure to submit these reports shall constitute a breach of this Contract, B. In the event of Program funds derive from sources external to the County and such sources require periodic reporting, Contractor shall provide all relevant information to which it maintains control to the County to complete such reports Contractor shall not he obligated to complete or directly submit any such external reports on behalf of the County C Contractor shall provide the County a copy of its annual report with audited financial statements within thirty(30)days after it is completed. D Contractor shall maintain records of funds received and disbursed, correspondence. capital investment applications. files funded, promissory notes, security instruments, and such other records as may he required by the County or 2 Contract#xxx 2017 aews,on 02/13/201 Alm Budget Line Item#001 11 95161 82000 its external funding sources for the duration of this Contract, and for such longer time as may be required by a funding source In no event shall such records be destroyed or discarded prior to their being tendered to the County upon the termination of this Contract or as may be agreed otherwise, in writing, between parties. The County, its funding sources, and, if applicable, state and federal auditors, shall have access to those records, with or without notice, in accordance with the grants, contracts and other agreements and in accordance with laws, niles and regulations applicable to them. Performance Reports and Records Contractor is required to keep a record of all receipts and expenditures relating to this grant and to provide the County with a periodic written reports summarizing activity as further defined within the Contract. Contractor further agrees to provide any other information reasonably requested by the County Contractor shall maintain financial records with respect to this grant, along with copies of any reports submitted to the County, for at least four years following the year in which all grant funds are fully expended. I) Contractor shall prepare and submit to the County quarterly a detailed Performance Report no later than fifteen (15) days after the end of each calendar quarter Said report shall be in a format acceptable to the County and shall be directly related to the Scope of Services. The contents of the report shall provide data and information to the County to be used for coordinating, monitoring and evaluating the Scope of Services to its completion. Failure to submit these reports shall constitute a breach of this Contract 2) In the event of Program funds derive from sources external to the County and such sources require periodic reporting, Contractoi shall provide all relevant information to which it maintains control to the County to complete such reports. Contractor shall not be obligated to complete or directly submit any such external reports on behalf of the County. 3) Contractor shall provide the County a copy of its annual report with audited financial statements within thirty (30) days after it is completed. Contractor shall maintain records of funds received and disbursed, correspondence, capital investment applications, files funded, promissory notes, security instruments, and such other records as may be required by the County or its external funding sources for the duration of this Contract, and for such longer time as may be required by a funding source In no event shall such records be destroyed or discarded prior to their being tendered to the County upon the termination of this Contract or as may be agreed otherwise, in writing, between parties. The County, its funding sources, and, if applicable, state and federal auditors, shall have access to those records, with or without notice, in accordance with the grants, contracts and other agreements and in accordance with laws, rules and regulations applicable to them 3 Contract#xxx 2017 Remnan J2/13/2017krm Budget Line Item#00111 95161 82000 CONTROL OF FUNDS In administering funds delivered to Contractor by the County and funds received by Contractor from program borrowers, Contractor shall be acting as agent for the County, and subject to the County's instructions, determined at the County's sole discretion. By written mutual consent The County and Contractor may change Program Criteria, guidelines and directions for grant administration All such funds shall he used only for the benefit of the County in accordance with the terms of this Contract. Expenditure of Funds This giant (together with any income earned upon investment of grant funds) is made for the purpose of providing financial support to employees of the County as outlined within a Contract for Provision of Services dated of equal date herewith ("Contract') The grant award may not be expended for any purpose without the County's prior written approval In the event the Contract is terminated or allowed to lapse by either party any portion of the grant unexpended at that time shall be returned immediately to the County all sums received by Contractor on debt repayment will be paid to County along with one half of collected interest payments All promissory notes and deeds of trust executed by Pitkin County employees shall be assigned to Pitkin County Grant funds may not be expended for any political or lobbying activity or for any purpose other than one specified in section 170(c)(2)(b) of the Code. Revolving Fund: Grant proceeds shall form a revolving fund from which Contractor shall deliver those services described within the Contract ("Fund"). Income derived from Contract activity shall be split equally between general operating requirements of Contractor and the Fund for subsequent deployment. All losses incurred through this activity shall be considered fully expended Grant funds. Administrative Expense The County shall deliver to Contractor a fee equal to $2,500 upon execution of this Contract. Such fee shall piovide reimbursement of administrative expenses related to the development and implementation of the Project III. County's Right to Modify or Revoke. The County reserves the right to discontinue, modify or withhold any payments to be made under this grant award of to require a total or partial refund of any grant funds if, in the County's sole discretion, such action is necessary: (1) because Contractor has not fully complied with the terms and conditions of this grant; (2) to protect the purpose and objectives of the grant or any other activities of the County; or (3) to comply with the requirements of any law or regulation applicable to Contractor, of the County or this grant 4 Conti act#xxx 2011 eev,sma(12/UM I Mim Budget 4le Item#001 11.95161 82000 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: I) 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. The prior paragraph notwithstanding,all advertisements, marketing, presentations and other notices describing the Project must be approved by Contractor prior to release to validate compliance with state and federal rules, regulations and executive orders related to the extension of credit. V Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Rich Englehart, Chief Operation Officer will manage the project as the County's Representative. In the event that Rich Englehart is not available, an alternate person will be assigned and shall 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 County's Right to Audit. The County may conduct audits of Contractor's books of account and records as follows: A. Time and Frequency of Audits. The County may conduct audits of Contractor at any of the following times: annually; at the expiration or termination of the term hereof; upon a request by Contractor of assignment of its rights hereunder; and upon the receipt by County of any information that would lead the County to draw a reasonable inference that Contractor is not in full compliance with its financial obligations hereunder. B. Manner of Audi's. Such audits shall be conducted upon reasonable notice to Contractor and during Contractor's normal weekday business hours. For purposes of this Contract. the annual audit period shall be deemed to commence or. August 1 of each year of the Agreement and to conclude on July 31 of the ensuing year. County shall hold all information obtained from any such audits in confidence except: as may be necessary to enforce the County's rights under this Agreement; as pan of any federal, state or local tax proceedings; and with respect to any legal requirement or Court Order to disclose said information. 5 Contract$1 xxx 2017 Fens on 02/13/2017;gm Budget Line Item p 001 11 95161 82000 C. Scope of Audits. In performing said audits, County shall be entitled to review, and Contractor shall be obligated promptly to provtde to the County upon demand therefor, all of the books of account and records that Contractor is obligated to maintain pursuant hereto, plus such other records, documents and files in Contractor's possession, custody or control during the term hereof that the County, (or its auditor), determine, in their sole discretion, are useful, relevant or necessary One hundred eighty (180) days after the date all documents requested by the County have been received by the County, the County shall release Contractor from any liability for underreporting or underpayment hereunder, unless the County shall have given Notice, within that period, of any questions, objections or exceptions to the statement or any claims for inadequate or deficient reporting or payment Once such Notice is given, the parties shall expeditiously and in good faith cooperate to resolve the matters contained therein D. Results of Audits Should Contractor fail to maintain the hooks of account and records required to be maintained pursuant hereto, or should Contractor fail to deliver and enable County (or its auditor) to review Contractor's books and records, and other documents and files, as required by this subparagraph, said default is agreed by the parties to be a material breach of this Contract and Contractor shall pay, as liquidated damages for such breach, an additional amount equal to fifty percent (50%) of the verifiable costs, fees, payments and charges due to the Contractor hereunder for the period in question; provided, however, that Contractor shall only pay these damages for failure to keep required records if such requirements are reasonable in light of Contractor's business practices (as such practices may be modified by County requests hereunder) and generally accepted accounting principles and auditing standards. E. Expense of Audits Generally, the County shall bear the expense of annual, end- of-term or investigatory audits. An audit done prior to any assignment, conveyance or transfer by Contractor of this Contract or any rights or obligations hereunder requiring approval of the County as required herein, shall be at the sole expense of the Contractor. VII 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 he 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 he 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 6 Contract#xxx 2017 RE mnJO 02/13/2017k dm Budget tine Item%00l.11 95161 82000 by the County by virtue of any breach of the contract by the Contractor. In the event the Contract is terminated or allowed to lapse by either party any portion of the grant unexpended at that time shall be returned immediately to the County all sums received by Contractor on debt repayment will be paid to County along with one half of collected interest payments. All promissory notes and deeds of trust executed by Pitkin County employees shall be assigned to Pitkin County A.Termination for Cause by Contractor. If. for any reason, the County shall fail to substantially perform the work required of it by this Contract, or fails to ensure the performance of, by legal means if necessary, the work called for herein with such diligence as will ensure its completion, or materially fails to comply with any of the terms, conditions, or other provisions of this Contract which shall constitute a violation or hrcach of this Contract, and shall fail to cure the default within fifteen (15)days following written notice thereof by Contractor, Contractor may terminate this Contract by giving written notice to the County. In addition to the other remedies available to it, in the event Contractor terminates this Contract due to the County's failure to cure any default as provided hereinabove or due to the County's breach or violation cf any covenant, agreement or assurance herein, Contractor is entitled to recover all expenses incurred by it as a result of the violation, including reasonable attorney's fees incurred in enforcing its rights under this Contract. It Contractor does not substantially prevail, the County is entitled to recover its attorney's fees. B. Records. Upon any termination of this Contract in advance of its expiration date, undelivered documents, maps, models, photographs. reports or copies thereof prepared by Contractor or its subcontractors for use in performance under this Contract, shall be delivered immediately to the County in their state of preparation at the time of termination subject to the provisions at any termination agreement or order providing otherwise. Contractor shall also immediately notify the County of all subcontracts, purchase orders, pending capital applications or other commitments of Contractor which shall he outstanding on the termination date and shall take such action with respect thereto as the parties hereto shall mutually determine No termination hereunder shall relieve Contractor of its responsibilities to maintain Scope of Services records in accordance with this Contract C.Reversion of Funds. Upon tetmination of this Contract, Contractor shall transfer to the County all funds, notes, accounts receivable, and deeds of trust attributable to the Programs on hand at the time of terimnation. D.Close outs. Contractor obligations to the County shall not end until all close-out requirements are completed. Activities dui ing this dose-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials or equipment that is the property of the County, unspent cash advances, notes, deeds of trust, security, program income balances, copies of transferred records, and receivable accounts to the 7 Contract#xxx 2017 xew,,on 02/13/2017k fin Budget Line Item 0 001 11 95161 82000 County upon close-out or upon the County's request), and determining the custodianship of records. VIII. 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, of servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B Contractor is not requited to offer his services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic sere ices 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 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 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. IX. 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. 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 part of this contract XII. Indemnity. 8 Coni tact N xxx 2017 Reosmn (1I/13/201219m Budget rune Item#01.11 95161 82000 A. Contractor agrees to and does indemnify and hold the County, its agents and employees, hotmless from and against any and all claims, losses, damages, injuries and expenses (including attorney's fees) related to or arising out of the performance of this Contract by the County or Contractor doe to the intentional or negligent acts or omissions of Contractor, its subcontractors, officers, employees and agents, in the performance of this Contract to the extent allowable by law. This indemnification shall survive completion of the Scope of Services and termination of this Contract. Nothing herein shall be construed as a waiver of defenses or immunities available to the County under the Governmental Immunity Act. XIII Insurance. Contractor and subcontractors shall procure and mai main until all of their obligations have been discharged, including an) warranty periods under this Contract are sand ted, 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. 't he insarance 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 iusutance 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 Contract. The Count) 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 Contractus 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 forni"basis. Statutory Workers' Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. h This requirement shall no: apply when a contractor er subcontractor is exempt under Colorado Workers' Compensation 9 Contract#mo 201/ xr.,,,on 07/13/2017gm Budget Line Item#001 11 95161 82000 Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits Statutory Coverage A(Workers' Compensation) $ 500,000 Coverage B (Employers Liability) S 500,000 2) Commercial General Liabil ty– ISO ICG 0001 form or equivalent. (With Cu,,,,ty named as an additional insured) Minimum Limits. General Aggregate $ 2,000,000 Products/Completed Operations Aggregate S 2,000,000 Each Occurrence Limit S 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. 10 Contract it xxx 2017 aeviaon 01/i3/+017ym Budget Line Item k 001 11 95161 82000 Minimum Limits Statutory Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Special Coverages (cheek as appropriate and insert amount). a. ® Fiduciary Bond $300,000 00 minimum or the total amount of all fund transferred to the Contractor and accumulated interest payments b. 0 Professional Errors and Omissions c ❑ Arrciaft Liability d. ❑ Owner's Protective e ❑ Builder's Risk f. ❑ Boiler and Machinery g ❑ Loss of Use Insurance h. ❑ Pollution Liability i. 0 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 Help@pitkincounty.conl. If the insurance carrier will not provide the required notice, the Consultant/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 Pio)ect 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 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 prermums or for assessments under any form 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 of, and at the sole expense of the Contractor 11 Contract#xxx 2017 arosion 02/13/2017Apn Budget Line Item tt 001 11 95161 82000 d. Location of operations shall he: "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 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 conte act. XIV Exemptions and Preferences All purchases of construction oi building or any other materials for this contract shall not include Federal Excise Taxes oi Colorado State or local sales or use taxes Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. 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, the substantially prevailing party shall he 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., CR 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 12 Contract tt xxx 2017 ee.nsoon 02/13/2017pm Budget Line Item#001.11 95161 82000 XIX Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder of 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 to 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 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 and via e-mail (electronic delivery) to the mailing and e-mail addresses set forth below Both hand delivery or mailing and email must occur to complete notice. Each party by notice sent under this paragraph may change the address to which future notices should be sent Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender To Pitkin County: with copies to: Rich Englehart Pitkin County Attorney's Office 123 Emma Rd , Suite 106 123 Emma Rd , Suite #204 Basalt,CO 81621 Basalt, Colorado 81621 Email Rich.Englehart@PitkinCounty.com Email Attorney@pitkincounty.com To Contractor Funding Partners for Housing Solutions, Inc 330 S. College Ave., Suite 400 Fort Collins, CO 80524 Phone. (970) 494-2021 Email.joe@fundingpartners.org XXI. Public Contracts for Services and Public Contracts with Natural Persons In conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and C.R.S §§ 24-765-101, et seq., as amended: 13 Ben:rac?#xxx 2012 t e+aen 04.1.1”O1Zmm Budget line Item 8 001 11 95161 82000 A. PUBLIC CONTRACTS FOR SERVICES. §4S-17.5.101,et seq. C.R.S. Plot applicable to agreements relating to the offer, issuance, or sate of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services]Contractor certifies, warrants, and agrees that it does riot knowingly employ or contract with art lllega! alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to peifornt work under this Contract, through participation in the E-Verify Progiam established under Pub L. 101-208 or the State verification program established pursuant to §S-i7.5-102/5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perlurm 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 Conti act. Contractor (i) shall not use E-Vcrfy Program or State program procedures to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (h) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the State 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 State program, If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et .seq CR S., 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. B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person IS years of age or older, hereby swears and affirms under penalty of perjury that he or she (I) is a citizen or otherwise lawfully present in the United States pursuant to federal lav,, (ii) shall comply with the provisions of §§21-76.5-101 et seq., C.R.S., and (ill) has produced one form of identification required by §24-76.5 103,(',R S. prior to the Effective Date of this Contract 14 Contract p xxx 2017 Reason 02/13/2017km Budget line Item p 001.11 95161 82000 [N WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. Funding Partners for Housing Solutions,Inc g/ $ /2 D/7 Signature to T S € Vt J01r.a.r Sean Doherty J Executive Director PITIQ : .NTS', COL I RADO : COMM 'DED . O' APPROVAL: % s11Zer7 Ric. "ngleh. tat- MANAGE' APPROV S"/l_x Jon 'eacock, ounty Manager Date IF NON-STANDARD/ADDITIONAL LANGUAEADDED: John Ely,County Attorney Date 15