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HomeMy WebLinkAboutresolution.council.019-07 RESOLUTION NO. rl Series of 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AGREEMENT TO INITIATE A JOINT PLANNING PROCESS FOR PHASE I ZUPANCIS GALENA BLOCK MASTER PLAN, BETWEEN THE CITY OF ASPEN, BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, ASPEN ART MUSEUM, ASPEN CHAMBER RESORT ASSOCIATION AND PITKIN COUNTY LIBRARY, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an agreement to initiate a joint planning process known as Phase I: Zupancis/Galena Block Master Plan with the intent to generate plan scenarios for the publicly-owned properties, between the City of Aspen, Board of County Commissioners, Aspen Art Museum, Aspen Chamber Resort Association, and the Pitkin County Library, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that agreement for a joint planning process for Phase I: Zupancis/Galena Block Master Plan of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf ofthe City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of e City of Aspen on the.La:- day Of~ 2007. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. G:\tara\RESOS\charctte.doc Aspen, CO 81611 Aspen Chamber Resort Association c/o Deb Braun 425 Rio Grande Place Aspen, CO 81611 Pitkin County Library c/o Board of Trustees 120 N. Mill St Aspen, CO 81611 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Clerk and Recorder ATIEST: APPROVED AS TO FORM: ~//HL.dtz, rney ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Clerk and Recorder Chairman APPROVED AS TO FORM: County Attorney A TIEST: ~~1h,-~ _<<~ff~ {e~~~~ f. Pitkin County Jail and immediate area surrounding facility. g. Portions of Galena Plaza recommended for potential future development in Civic Center Master Plan; 9. Parties agree that the following properties/parcels shall be excluded from the planning process: a. Pitkin County Courthouse and parcel perimeter. b. Veteran's Memorial Park. 10. Parties hereto understand that any future land use application must demonstrate consistency with the findings and recommendations of the Civic Master Plan (please see Exhibit B.) This document will be utilized as part of Phase I, and subsequent phases of planning. II. The term of this Agreement shall be from the effective date hereof to the point at which a subsequent Agreement is executed. Any party thereto may petition to terminate this Agreement for any reason upon ninety (90) days' written notice. All parties must agree to terminate this Agreement, provided, however, that this Agreement may not be terminated or rescinded so long as the Project has outstanding obligations, unless provision for full payment of such obligations, by escrow or otherwise, has been rnade pursuant to the terms of such obligations. 12. This Agreement may be modified by written amendment approved by joint assent of all parties. 13. Any formal notice, demand or request provided for in this Agreement shall be in writing and shall be deemed properly given if deposited in the United States Mail, postage prepaid to: City of Aspen, Colorado c/o City Manager 130 South Galena Street Aspen, Colorado 81611 Board of County Commissioners of Pitkin County, Colorado c/o County Manager 506 East Main Street Aspen, Colorado 81611 Aspen Art Mu~eum c/o Heidi Zuckerman Jacobson 590 N. Mill St. in a subsequent Agreement. Please see Exhibit A for estimated scope of work and timeline. 4. The parties hereto understand that ZG-Phase I requires cooperation between the parties in: a) securing the consulting services of RNL Design for the initial two-day charette, and, b) the general scope of the charette, and, c) the general scope of the subsequent public process, which may be further defined among the parties as part of the charette exercise. 5. The parties hereto understand that part of the purpose of this Phase I charette is to serve as a trust-building exercise, and as a method to build stronger relationships between the various parties, considering the substantial future programming space that is the subject of the Zupancis / Galena Master Plan, the inherent complexity of physical planning at this extensive site, and the multiple ownership at this site. 6. This Agreement shall govern ZG-Phase I, for the purpose of generating two or more physical planning scenarios and to further define the subsequent public process. Upon conclusion of ZG-Phase I, two or more physical planning scenarios and a proposal for subsequent public process shall be presented at a special joint meeting of the City of Aspen City Council and the Pitkin County Commissioners, to also be attended by representatives of the Museum, ACRA and the Library, for the purpose of obtaining an Agreement governing one or more subsequent phase(s) of the Zupancis / Galena Master Plan. Please see Exhibit A for estimated scope of work and tirneline. 7. Parties hereto understand that subsequent Agreements will include and not be limited to: a definition of organizational locations; square footage apportionment; construction phasing and construction management; terms of reconciliation regarding costs of additional public process, land use review and applications, development and construction; and long-term leases, property ownership changes and/or condominium agreements for developed properties. Please see Exhibit A for estimated scope of work and timeline. 8. Parties agree that the following properties/parcels shall be included in the analysis: a. Zupancis parcel; b. Publicly owned vacant/parking areas adjacent to the Zupancis parcel; c. Rio Grande building (former Youth Center), and building directly adjacent and north of Rio Grande Parking Garage (Visitor Center, ACRA etc.), and parking areas south of Rio Grande Place; d. Pitkin County Plaza building parcel and associated parking areas. e. Pitkin County Library parcel dedicated for facility expansion. AGREEMENT TO INITIATE JOINT PLANNING CITY OF ASPEN - PITKIN COUNTY - ASPEN ART MUSEUM - ACRA- PITKIN COUNTY LmRARY PHASE I - ZUP ANCIS GALENA BLOCK MASTER PLAN THIS AGREEMENT was made and entered into this R day of &.u . 2007, by and between the CITY OF ASPEN, Colorado, a municipal corporation (hereinafter referred to as "City"); the BOARD OF COUNTY COMMISSIONERS of Pitkin County, Colorado, a body corporate and politic (hereinafter referred to as "County"); the ASPEN ART MUSEUM, of Aspen, Colorado, a c(3) non-profit corporation (hereinafter referred to as "Museum"); the ASPEN CHAMBER RESORT ASSOCIATION, of Aspen, Colorado, a c(3)non-profit organization (hereinafter referred to as "ACRA"); and the PITKIN COUNTY LIBRARY, a body corporate and politic (hereinafter referred to as "Library"). WITNE S SETH: WHEREAS, the parties are each authorized to enter into this Agreement to contract with each other; and WHEREAS, the parties desire to cooperate for the purpose of initiating a joint planning process known as Phase I: Zupancis / Galena Master Plan (the "ZG-Phase I"). NOW, THEREFORE, in consideration of the mutual benefits to be derived hereby, the parties enter into this Agreement to cooperatively share the costs associated with ZG-Phase I as follows: I. The parties shall work together to establish the scope of ZG-Phase I, with the general intent of holding a two-day charette on or about March 22-23, 2007, to generate two or more physical plan scenarios for the publicly-owned properties bounded on the east by the Zupancis property, on the west by Mill Street, on the north by Rio Grande Place, and on the south by Main Street. The two-day charette may also include a recommendation for the method and/or scope of the subsequent planning process. 2. The initial cost to be shared among the parties will be $25,500. The cost to the City will be 35% ($8,925); the cost to the County will be 35% ($8,925); the cost to the Museum will be 20% ($5,100); the cost to ACRA will be 8% ($2,040); and the cost to the . Library will be 2% ($510). The City shall waive any planning fees associated with Phase 1. Any additional costs of ZG-Phase I, consisting of the two-day charette, will be shared at the same ratio. 3. All cost sharing related to subsequent phases of the Master Plan process, including the contributions for ZG-Phase I, shall be reconciled at a later time and defined Executive Director ATTEST: Executive Director ATTEST: Director Board Chair ASPEN CHAMBER RESORT ASSOCIATION Board Chair PITKIN COUNTY LIBRARY Board Chair LAND Zupancis Plaza One Old Youth Center ACRA offices Vacant lands Parking areas Jail 6-Mar-07 Apr-07 May-07 Jun-07 Sep-07 Nov-07 F eb-OB Apr-OB PARTIES Pitkin County City of Aspen Aspen Art Museum ACRA Pitkin County Library PHASE I AGREEMENT Initial cost sharing of 2-day charrette Deliverables: Agreement on land included in study Agreement on land not included in study Two or more physical planning scenarios Proposal for subsequent public process JOINT MEETING OF PARTIES Review and adopt method of public process Review physical planning scenarios Direct staff re: parameters of Phase II Agreen ment to include: Development of Preferred Alternative JOINT MEETING OF PARTIES Review and adopt Phase II Agreel ment, to include: Consulting services estimate Phase II cost-sharing CHARRETTE Review options for fitting program on site considering constraints Refine facilities' design, location, and function Identify 2-3 physical planning scenarios to be further explored, i.e. fUl JOINT MEETING OF PARTIES Identify Preferred Alternative Direct staff re: Phase 1111 Agreement. to include: Cost-sharing reconciliation Long-term leases, land costs/trades, condominium agreements etc. Shared use agreements Timing of deveiopment Temporary moves JOINT MEETING OF PARTIES Review and adopt Phase III Agreement Program phasing Land Use Application process LAND USE APPLICATIONS FINAL APPROVAL AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and RNL DESIGN lNe. , ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: I. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than April 6, 2007. Upon request of the City, Professional shall subrnit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Pavrnent. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $25,500 . Professional shall subrnit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignabilitv. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to payor be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional - PS2-97 J.doc Page 1 pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City rnay withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant Against Contingent Fees. The Professional warrants that slhe has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Profess iona I. None of the benefits provided by City to its ernployees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or - PS2-971.doc Page 2 its employees, the City shall reirnburse the Professional for the portion of the judgment attributable to such act, omission, or other fault ofthe City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FNE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FNE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy lirnit, and FNE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the W orkrnen's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. - PS2-971.doc Page 3 (iv) DOLLARS aggregate. Professional Liability insurance with the rninimum limits of ONE MILLION ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insur- ance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. ( e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City rnay procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon dernand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (ClRSA) and as such participates in the ClRSA Property/Casualty Pool. Copies of the ClRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by ClRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in ClRSA. - PS2-971.doc Page 4 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: RNL DESIGN ~ H 1 'IA @011.. Street Address_\S"iii' "t\h~~ S+. City, State & Zip Code '0('-/,,11'81' I ~ B~"Z- 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13- 98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same rnay apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement bv City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 16. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provIsIOn. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof - PS2-971.doc Page 5 and that after execution no alteration, change or modification shall be rnade except upon a writing signed by the parties. . (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] - PS2-971.doc Page 6 ATTESTED BY: ~du- WITNESSED BY: CiA.1Vlf fa,u' ~WUV CITY OF ASPEN, COLORADO: PROFESSIONAL: - PS2-971.doc Page 7 EXHIBIT "A" to Professional Services Agreement Scope of Work (RNL DESIGN shall provide services needed to hold a charrette over two days, including the following Parties (City of Aspen, Pitkin County, Aspen Art Museum, Aspen Chamber Resort Association and Pitkin County Library), neighbors and the general public. The City of Aspen shall invite the Parties, neighbors and general public. RNL DESIGN shall prepare for the charrette by gathering baseline informational materials needed to generate multiple physical plarming scenarios for the Zupancis-Galena Master Plan Phase 1. These multiple physical planning scenarios shall be generated as part of the charrette process, initially in a two- dimensional format; and on the second day of the charrette shall be presented in a "sketch-up" format. RNL DESIGN shall also facilitate a discussion at the end of the second day ofthe charrette regarding options for future public process methodology. - PS2-97l.doc Page 8 EXHIBIT "B" to Professional Services Agreement Rate Schedule (Please see fee schedule below, provided by RNL) Staff Billing Rate Amy Tabor $131 Steve Radomski $179 Tom Wuertz $147 Arch. Intern $82 Consultants . Leslie Bethel $140 Reno-Smith Arch. $140 - PS2-971.doc Page 9 Certification and Supplemental Conditions to Contract for Services - Conformance with &8-17.5.101. et sell. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens - Public Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. ADDlicabilitv. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 20S, 104th Congress, as amended, and expanded in Public Law 156, IOSth Congress, as amended, that is administered by the United States Department of Horneland Security. "Contractor" means a person having a public contract for services with the City of Aspen. "Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services" means the furnishing oflabor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION S-17.5-lOl, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: I. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective ifthe Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Ernployment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5- 102 (5), c.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. Ifthe Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8- 17.5-102, C.R.S. Public Contract for Services: Contractor: 4J[; t'fdl6 p) ulf60 Ic-w By: Title: JPW- saved: 8/3/2006-867.M:\city\cityatty\contract\forms\certification - hb-06-1343.doc