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HomeMy WebLinkAboutbocc.con.004.212019-12-17 CDD Contract Information Contract Number Project Name Contractor Budget Line Item M2101 Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please enter the New Vendor information into Munis for workflow approval. Contact Information: Department County Representative Nan Sundeen County Representative Phone (970) 920-5209 Provide a brief description of the contract: Contract Value Summary: $ 1,825,000.00 $- $- $ 1,825,000.00 004.21 Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement No COVID Relief Funding Distribution Aspen Community Foundation $- Additional Budget Line Item(s) (Please fully allocate New Contract Total) $- $- $- $- Emergency Services/Maintenance 1/12/2021 1/11/2022 New Contract Human Services Contract to provide recommendation and administer distribution of COVID Relief Funds. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount New Contract Total Rev. 2018.10.10 btf Contract #: 004.21 Budget Line Item #: M2101 Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Clerk’s check list and send the original signed contract with coversheet to clerk’s office for archiving. 1 PITKIN COUNTY, COLORADO EMERGENCY PROCUREMENT FILE MEMORANDUM TO: File FROM: Nan Sundeen, Health and Human Services Director RE: COVID-19 Relief Funding DATE: 1/20/2021 EMERGENCY PROCUREMENT Notwithstanding any other provision of this Code, a procurement officer may make emergency procurements: When the County Manager has determined that the emergency procurement is necessary because of a threat to public health, welfare, or safety. Such emergency procurement shall be made with such competition as is practicable under the circumstances (Pitkin County Procurement Code section 3-105.) The following written information shall be included in the contract file: A.Name of Emergency Incident: COVID-19 Relief Funding B.Description of Project/Purchase: Administration of COVID-19 Relief Funding C.Budget or funding source: M2101 – Funded from various public grants D.Reason for Emergency Procurement: Pitkin County is in need of a group to provide recommendation and distribution help with COVID-19 relief funding. Contractor(s) Contacted/Selected: Aspen Community Foundation, ACF is knowledgable in the community and has worked with the county before and provided excellent work. _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date County Manager/Incident Commander approval: _________________________________________________ !#COUNTY MANAGER#! Date Nan Sundeen Human Services Director Jan-20-2021 County Manager Jon Peacock Jan-20-2021 Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made January 20, 2021 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the “County”) and Aspen Community Foundation, 455 Gold Rivers Court, Suite 515, Basalt, CO 81621 (hereinafter called the “Contractor”) to perform the following work: COVID Relief Funding Distribution (“Project”). I.Term of Contract: The term of this Contract is from January 12, 2021 to January 11, 2022. II.Contractor’s Obligations. Contractor shall provide emergency support to individuals, families, and small businesses on behalf of Pitkin County, Colorado as follows: a.Non-profit Grants: ACF will administer and manage a program through which the County will decide how to distribute $400,000 of CARES Act funds to non- profits, and ACF will distribute the funds as instructed by the County. The County intends to distribute the funds to non-profits that provide humanitarian aid to people who live or work in Pitkin County in response to loss of work or income due to the COVID-10 pandemic. ACF shall deposit the funds into ACF’s COVID-19 Regional Response Fund, and shall distribute all such funds in accordance with the written directions of the County. ACF will distribute funds in two tranches: January ($200,000) and March ($200,000). The final decision as to who shall receive a distribution of the funds shall be made by the Director of the Pitkin County Department of Human Services (“County HS Director”). ACF’s role in the decision is advisory only. Notwithstanding anything to the contrary in this Contract, ACF shall have no liability as to the County’s final decision on who shall receive grants under this Contract. The approval for both the first and second tranche disbursements shall be approved by the County HS Director in writing before the disbursements are made. ACF shall distribute the funds only in accordance with such written decision and instructions. The County expects that the organizations receiving CARES Act funds through this agreement will be asked to utilize all available Federal and State subsidies first, prior to receiving first tranche or second tranche funding. ACF will manage reporting from each supported organization and provide reports to the County. ACF shall invoice Pitkin County for the full grant amount in January. Any unused funds after the second Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 2 disbursement in March shall be returned to the County. Notwithstanding anything to the contrary in this Contract, ACF makes no warranty or assurance to the County, and shall have no legal liability to the County (indemnification or otherwise), as to whether the grant making process or the grants comply with applicable laws. b.Navigator Program: ACF will establish a bi-lingual/bi-cultural Navigator program to help people who live or work in Pitkin County access federal, state, and local resources/services and humanitarian aid required as a result of the COVID-19 pandemic. The Navigator program will include access to information via phone and electronic means and shall be available in both Spanish and English. The navigation program will have a number that people can call, explain their situation, and be referred to the appropriate resource provider be it a government or nonprofit entity. The program will include a coordinator, a call center, 3 -4 phone operators, a database, and a marketing campaign. ACF will stand up and house the program. ACF shall provide navigation services for Pitkin County through 12/30/2021. ACF shall invoice Pitkin County for $100,000 in January 2021 and shall track actual expenses. Any unused funds as of 12/01/2021 shall be returned to Pitkin County. c.Business Support Grants: ACF will administer and manage a program through which the County will decide how to distribute $1,286,000 to locally owned businesses in Pitkin County who have been adversely affected by COVID 19 and compliance with Public Health Orders. ACF will manage this process by forming a committee to review applications and make funding recommendations. ACF shall develop application and funding criteria. The final decision as to the application and funding criteria shall be made by the County Manager’s Office in writing. ACF shall evaluate the applications against the funding criteria, and make recommendations to the County as to how the grants shall be distributed. The final decision as to who shall receive a grant of the funds shall be made by the County Manager in writing, and ACF shall promptly proceed to distribute the funds in accordance with such written decision and instructions. ACF may bill the county for actual expenses to administer the program up to $39,000 for administration of the grant program. Any unused funds as of 12/01/2021 shall be returned to the County. d.Records: ACF must maintain the following records for all funds distributed and provide to Pitkin County or designee upon request: 1)All backup documentation for their disbursement of funds and the same documentation for any sub-recipient disbursement of funds; 2)All backup documentation for their disbursement of funds and the same documentation for any sub-recipient disbursement of funds; 3)Ensure documentation is readily available and accurate for reporting and audit purposes; Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 3 4)Provide quarterly reporting to Pitkin County on how funds were disbursed categorized per the eligible expenditures listed in Section IX below, including trends in demand for support, basic demographics of how many/geography of people served, summary of type/amount of aid distributed to individuals and businesses, summary of accomplishments and challenges. ACF shall use good faith and reasonable efforts to perform all work and prepare all reporting and documentation in alignment with FEMA Public Assistance Program standards and guidance, included hereto as Attachment A, as well as compliance with other applicable laws. Notwithstanding anything to the contrary in this Contract, ACF makes no warranty or assurance to the County and shall have no legal liability to the County (indemnification or otherwise) as to whether the grant making process or the grants comply with applicable laws.. III.Suspension and Debarment: (1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935) (2)Contractor has been verified via Sam.gov as to having no holds on file as of June 10, 2020. IV.Access to Records. The following access to records requirements apply to this Contract: (1)Contractor agrees to provide Pitkin County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3)Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed or communicated about under this Contract. V.Use of DHS Seal, Logo, and/or Flag(s): (1)The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. VI.Compliance with Federal Law, Regulations, and Executive Orders; Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 4 (1)This is an acknowledgement that FEMA financial assistance will be used or reimbursed to fund this Contract only. Contractor will comply with all applicable Federal law(s), regulations, executive orders, FEMA policies, procedures, and directives. VII.No Obligation by Federal Government: (1)The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. VIII.Program Fraud and False or Fraudulent Statements or Related Acts: (1)The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. IX.Funding. Funding has been made available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Coronavirus Relief Funds can ONLY be used for costs that are in accordance with Section 5001(d) of the CARES : (1) are necessary expenditures incurred due to the public health emergency with respect to Coronavirus Disease 2019(COVID-19); (2) were not accounted for in the budget most recently approved as of the date of enactment [March 27, 2020] of this section for the local government; and (3) were incurred during the period that begins on March 1, 2020 and ends on December 30, 2021. Eligible expenditures are: ·Cost of provision of grants to small businesses, state, local or tribal payroll support, and unemployment insurance costs related to the COVID-19 health emergency per Federal Guidance. ·Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. Governments have discretion in offering programs aimed at assisting small businesses with the costs of business interruption caused by required closures. The amount of a grant to a small business to reimburse the costs of business interruption caused by required closures would also be an eligible expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance. Costs are eligible in the absence of a stay-at-home order if such expenditures are determined by the government to be necessary per Federal Guidance. ·Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions per Federal Guidance. ·Grants to prevent eviction and assist in preventing homelessness that are a necessary expense incurred due to the COVID-19 public health emergency and that Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 5 meet the other requirements for the use of Fund payments under section 601(d) of the Social Security Act outlined in the Guidance are eligible. As a general matter, providing assistance to recipients to enable them to meet property tax requirements would not be an eligible use of funds, but exceptions may be made in the case of assistance designed to prevent foreclosures per Federal Guidance. Ineligible expenses are: Expenses that have or will be reimbursed by another federal program, reimbursement to donors, workforce bonuses other than hazard pay, severance pay and legal settlements per Federal Guidance. Recipients who spend any Coronavirus Relief Funds outside of Section 5001(d) of the CARES Act understand that any such funds must be returned to the Department of Local Affairs and agree to do so within 30 days of identification of improper fund use. X.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 Paragraph II. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of one million, eight hundred and twenty-five thousand dollars and Zero cents ($1,825,000.00) 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. XI.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. XII.Pitkin County’s Obligations. Pitkin County shall administer this Contract through a County Representative. Nan Sundeen, Director of Human Services will manage the project as the County’s Representative. In the event that Nan Sundeen is not available, an authorized designee 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. Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 6 XIII.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. XIV.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 during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. c.Contractor warrants that all work produced will conform to all applicable industry standard of 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. XV.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. XVI.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. XVII.Integration and Modification. Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 7 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. XVIII.Indemnity. a.The Contractor agrees to indemnify, 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 law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this Contract of indemnity applies. In consideration of 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 further 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. XIX.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 Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 8 insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of 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. 1)Statutory Workers’ Compensation: Colorado statutory minimums a.Policy shall contain a waiver of subrogation against the County. b.This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers’ Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers’ Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2)Commercial General Liability – ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 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 Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 9 ●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 h.☐ Pollution Liability i.☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond b.Proof of Insurance: 1)Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be 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@pitkincounty.com. 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 Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 10 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 be primary and non-contributory with any insurance or self-insurance purchased by the County. b.The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c.Any and all 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. d.Location of operations shall be: “all operations and locations at which work for the referenced Project is being done.” 3)Certificates of Insurance for all renewal policies shall be delivered to the County’s Representative at least fifteen (15) days prior to a policy’s expiration date except for any policy expiring on the expiration date of this Contract or 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. XX.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. XXI.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 shal l 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. XXII.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. Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 11 XXIII.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 be entitled to its costs and reasonable attorney’s fees. XXIV.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. XXV.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 constitution al 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. XXVI.Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. 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. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Nan Sundeen 0405 Castle Creek Road, Suite 112 with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 12 Aspen, CO 81611 Email: Nan.Sundeen@PitkinCounty.com Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: Aspen Community Foundation 455 Gold Rivers Court, Suite # 106 Basalt, CO 81621 Phone: (970) 925-9300 Email: info@aspencommunityfoundation.org XXVII.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. §§ 24-76.5-101,et seq., as amended: A.PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S. [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] 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 employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program established under Pub. L. 104-208 or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., 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 (i) shall not use E-Verify 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 (iv) 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., C.R.S., the contracting State agency, Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 13 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 18 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 law, (ii) shall comply with the provisions of §§24- 76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. Revision: 2021-01-12 CDD Contract # 004.21 Budget Line Item # M2101 14 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. ASPEN COMMUNITY FOUNDATION, TAMARA TORMOLIN ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Human Services DirectorHuman Services Director Nan SundeenNan Sundeen Jan-20-2021Jan-20-2021 Tamara Tormohlen Jan-20-2021 Executive Director Jon Peacock Jan-20-2021Jan-20-2021 County Manager Jon Peacock County Manager Certificate Of Completion Envelope Id: 55DDF43C18EB4CCD82AA531DF0C97CD0 Status: Completed Subject: Aspen Community Foundation R1 | Pitkin County Contract 004.21 for Review and Signature Source Envelope: Document Pages: 16 Signatures: 7 Envelope Originator: Certificate Pages: 5 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 24.9.118.68 Record Tracking Status: Original 1/20/2021 1:13:36 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Nan Sundeen Nan.Sundeen@PitkinCounty.com Human Services Director Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 24.9.200.58 Sent: 1/20/2021 1:14:49 PM Viewed: 1/20/2021 1:17:34 PM Signed: 1/20/2021 1:18:26 PM Electronic Record and Signature Disclosure: Accepted: 1/20/2021 1:17:34 PM ID: 1b51e0b0-8fa8-4394-8751-2ff97c649736 Company Name: Pitkin County, Colorado Tamara Tormohlen Tamara@aspencommunityfoundation.org Executive Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 216.237.79.217 Sent: 1/20/2021 1:18:30 PM Viewed: 1/20/2021 3:04:14 PM Signed: 1/20/2021 3:07:02 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jon Peacock Jon.Peacock@PitkinCounty.com County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 75.71.107.170 Sent: 1/20/2021 3:07:04 PM Viewed: 1/20/2021 4:36:38 PM Signed: 1/20/2021 4:41:07 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/20/2021 4:41:10 PM Resent: 1/20/2021 4:41:16 PM Viewed: 1/26/2021 11:07:48 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/20/2021 4:41:11 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/20/2021 1:14:49 PM Certified Delivered Security Checked 1/20/2021 4:36:38 PM Signing Complete Security Checked 1/20/2021 4:41:07 PM Completed Security Checked 1/20/2021 4:41:11 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide you with certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically when we send you documents for electronic signature. Acknowledging your Access, Intent, and Consent to Receive and Sign Materials Electronically To confirm that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receive notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. When you don't have a DocuSign account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM Parties agreed to: Nan Sundeen Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper or electronic copies of any such documents from our office to you, you may be charged a per-page fee. You may request delivery of such paper or electronic copies from us by following the procedure described below. Withdrawing your consent If you are an authorized DocuSign Account holder, you can decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. Described below is the process for informing us of your decision to receive future notices and disclosure in paper format and also how to withdraw your consent to receive notices and disclosures electronically. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Pitkin County: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to Helpdesk@provelocity.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at Helpdesk@provelocity.com and in the body of such request you must state: your previous e-mail address, your new e-mail address . In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper or electronic copies from Pitkin County To request delivery from us of paper or electronic copies of the notices and disclosures previously provided by us to you electronically, you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. To withdraw your consent with Pitkin County To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you must state your e-mail, full name, Postal Address, telephone number, and account number.