SECTION I - Buena Vista by yaofenjin



           FOR 2011 AUDIT SERVICES

             Issued February 24, 2011

                 Town of Buena Vista
                 210 East Main Street
                    P.O. Box 2002
                Buena Vista, CO 81211
                 719-395-8643 Ext 17
                              Table of Contents

             Description                          Pages

Section 1:   Proposal Information                 3-4

Section 2:   General Information                  5-6

Section 3:   Scope of work                        7-8

Section 4:   Proposal Content                     9-10

Section 5:   Evaluation Criteria                  11-12

Section 6:   Timeline                             12

                                       SECTION 1
                               PROPOSAL INFORMATION

Section I provides general information to any potential company responding to this RFP (“the
Proposer”) on subjects such as where to submit proposals, number of copies, proprietary
information designation, and other administrative elements.

   Sealed proposals are to be submitted to:
                             Town of Buena Vista
                             Michael J. Hickman, Treasurer/Finance Director
                             P.O. Box 2002
                             210 East Main Street
                             Buena Vista, CO 81211

       Date/Time: Proposals must be received on or before 5:00 p.m. March 12, 2012

       Facsimile or emailed proposals will not be accepted.

   Proposers shall submit five (5) copies of proposal documents. The proposal shall remain the
   property of the Town of Buena Vista.

      1. All questions regarding proposal preparation, the selection process, specifications
         and interpretations of the terms and conditions of the RFP shall be submitted in
         writing (email is acceptable) no later than seven (7) calendar days prior to the
         deadline for submission of proposals. Email –
      2. Following the award of a contract, responses to this RFP may be subject to release
         as public information unless the response or specific parts of the response can be
         shown to be exempt from public information. Proposers are advised to consult with
         their legal counsel regarding disclosure issues and take the appropriate precautions
         to safeguard trade secrets or any other proprietary information. The Town of Buena
         Vista assumes no obligation or responsibility for asserting legal arguments on
         behalf of potential Proposers.

   If a Proposer believes that parts of an offer are confidential, then the Proposer must so
   specify. The Proposer must stamp in bold letter the term CONFIDENTIAL on that part of
   the offer, which the Proposer believes to be confidential. The Proposer must submit in
   writing specific detailed reasons, including any relevant legal authority, stating why the
   Proposer believes the material to be confidential.        Vague and general claims to
   confidentiality will not be accepted. The Town of Buena Vista will be the sole judge as to
   whether a claim is general and/or vague in nature. All offers and parts of offers, which are
   not marked as confidential will be automatically considered public information after the

   contract is awarded. The successful offer may be considered public information even though
   parts are marked confidential.

   Any Proposer may modify or withdraw an offer in writing at any time prior to the deadline
   for submission of an offer (see A. above).

      1. Any offer received shall be considered an offer, which may be accepted by the
         Town of Buena Vista based on initial submission without discussions or
      2. By submitting an offer in response to this RFP the Proposer agrees that any offer
         may be accepted by the Town of Buena Vista at anytime within 30 days from the
         date of submission deadline (see A. above).
      3. The Town of Buena Vista reserves the right to reject any or all offers and to waive
         informalities and minor irregularities in offers received. Failure of the Proposer to
         provide in its offer any information requested in the RFP may result in rejection for

   The cost of proposal preparation is not a reimbursable cost. Proposal preparation costs shall
   be at the Proposer’s expense.

   The Town of Buena Vista intends to make an award using the evaluation criteria listed in
   section V of the RFP.

   The Town of Buena Vista, Treasurer/Finance Director will be responsible for contract
   administration and oversight of the resulting contract.

   The laws of the State of Colorado shall govern any contract executed between the successful
   firm and the Town. Further, the place of performance and transaction of business shall be
   deemed to be in the County of Chaffee, State of Colorado, and in the event of litigation, the
   exclusive venue and place of jurisdiction shall be the State of Colorado, and more
   specifically, Chaffee County, Colorado.

   The Town reserves the right to reject any and all Proposals. The Town may then, at its sole
   discretion, re-solicit for proposals using the same or different RFP.

                                      SECTION 2
                                 GENERAL INFORMATION

The Town of Buena Vista is requesting proposals from qualified certified public accounting
firms to audit its financial statements for the fiscal year 2011, with the option of auditing those
statements for each of the four subsequent fiscal years.

  The Town of Buena Vista in located west of Colorado Springs and Denver in the Arkansas
  River Valley just east of the Continental Divide. The Town’s population is approximately
  2,100, but serves the northern Chaffee County population of approximately 8,000 as the
  center of employment and economic activity. As a statutory Colorado Town, it operates
  under a Board of Trustees/Town Administrator form of government and provides the
  following services: police and fire protection, street maintenance, parks, municipal court,
  code enforcement, recreation, planning and zoning. The Town also owns and operates
  enterprise activities including waterworks, and a municipal general aviation airport.

   See Exhibit A for an organization chart.

  The Town prepares annual budgets and maintains budgetary controls for all funds in order to
  ensure compliance with the annual appropriation ordinance as approved by Town Board.
  The Town of Buena Vista’s fiscal year begins on January 1 and ends on December 31.


       Fund Type                       Quantity of                 Quantity of Legally
                                     Individual Funds               Adopted Annual
    General Fund                              1                            1
    Special Revenue Funds                     1                            1
    Capital Project Funds                     1                            1
    Enterprise Funds                          2                            2
    Fiduciary Trust Fund                      1                            0

   The Town anticipates receiving federal financial assistance in 2011 and the following four
   fiscal years. The level of this assistance may or may not require a Single Audit.

  All full-time Town employees, (except sworn police) participate in the City’s 401(a) pension
  plan with the Colorado County Officials and Employees Retirement Association (CCOERA).

  All full-time sworn police employees participate in a 401(a) pension plan administered by
  Pension Management Associates, Inc. in Colorado Springs. Both of these pension plans are
  defined contribution type.

  The Town has also established a single employer defined benefit plan for volunteer
  firefighters as authorized by State statute. This Plan is administered by a Board of Trustees
  composed of Town management staff and firefighters, and managed by the Colorado FPPA.
  The Plan is reported as a Pension Trust Fund.

  The Town also offers a voluntary 457 Deferred Compensation Plan through CCOERA.

  The Town has no post retirement benefits for employees.

  The Town does not participate in any joint ventures.

   The Town has no component units to be reported as part of the Town’s Financial Statements.

   The finance department is headed by the Treasurer Finance Director with 1 finance clerks and
   a water clerk.

  The Town switched to Tyler Technologies Incode financial software for the following
  processes: general ledger, accounts payable, payroll, and budget in July 2010 from Fundware.
  In November 2010 the Town moved utility billing from Asyst to Incode along with
  incorporating the Incode cash receipting system for revenue collection.

   Prior year audited financial statements are available on the Finance page of the Town’s

                                          SECTION 3
                                        SCOPE OF WORK

  The auditors shall express an opinion on the fair presentation of the financial statements,
  which are comprised of the governmental activities, the business-type activities, each major
  fund, and aggregate non-major fund information, in conformity with generally accepted
  accounting principles. These audits are to be performed in accordance with generally accepted
  auditing standards with standards set forth for financial audits by the U.S. Comptroller
  General, “Government Auditing Standards”, and the US Office of Management and Budget
  (OMB) Circular A-133, Audits of State and Local Governments. If a Single Audit is required,
  the selected firm will be required to complete the submission form that accompanies the
  Single Audit (Form SF-SAC-Data Collection Form for Reporting on Audits of States, Local
  Governments, and Non-Profit Organizations) as required by OMB 1-133.

   It is contemplated that the selected firm will express an unqualified opinion on the financial
   statements. If during the performance of the audit, it appears probable that an unqualified
   opinion cannot be issued, the selected auditing firm must promptly notify the Town
   Administrator and Treasurer in writing, stating all matters which preclude the issuance of an
   unqualified opinion.

1.      A report of examination of the financial statements stating the scope of the examination
and that the audit was performed in accordance with generally accepted auditing standards. It
must include an opinion as to whether the statements conform to generally accepted accounting

2.       A letter to management containing comments on compliance, recommendations for
improvements, and any other comments deemed pertinent by the auditors and recommendations
affecting the financial statements, internal control, accounting, accounting systems, legality of
actions, other instances of noncompliance with laws and regulations, and any other material
matters. An agreed upon number of copies of the management letter will be provided to the
Town, in addition to an electronic copy.

3.      A report on internal control and compliance in accordance with the standards for
financial and compliance audits contained in the Standards of Audits of Government
Organizations, Programs, Activities, and Functions issued by the U.S. General Accounting
Office; the Single Audit Act of 1984 (as amended in1996) and the provisions of OMB circular
A-133 (as revised). Findings of ineligible expenditures must be represented in enough detail for
management to be able to clearly understand them. An agreed upon number of copies of the
Single Audit report will be provided to the Town, in addition to an electronic copy. Within the
required reports on internal controls and compliance, the auditor shall communicate any
reportable conditions found during the audit. A reportable condition shall be defined as a
significant deficiency in the design or operation of the internal control structure, which could

adversely affect the organization’s ability to record, process, summarize and report financial data
consistent with the assertions of management in the financial statements. In addition, the
following conditions shall be considered reportable:

• Material weaknesses
• Instances of noncompliance
• Irregularities and illegal acts (auditors shall be required to make an immediate, written report of
all irregularities and illegal acts or implications of illegal acts of which they become aware to the
Town Administrator and the Treasurer)

Non-reportable conditions discovered by the auditors shall be reported in a separate letter to
management, which shall be referred to in the reports on compliance and internal controls.

4.      A Comprehensive Annual Financial Report (CAFR) will not be prepared for fiscal year
2011. The management discussion and analysis, the statistical section, the highway finance
report, and the transmittal letter will be prepared by Town staff. The auditor will prepare the
basic financial statements and the notes to the financial statements. The finance department will
provide trial balances and fund revenue and expense reports containing the information needed
to prepare the financial statements.


   The Town may prepare one or more official statements in connection with the sale of bonds
   which will contain the financial statements and the auditor’s report thereon. The auditor shall
   be required, if requested by the financial advisor or underwriter, to issue a “consent and
   citation of expertise” as the auditor.

  The Town anticipates that all records will be ready for audit on or about May 14, 2012.
  Interim work may be performed as time allows after contract signing.

   1. The auditor shall provide the Town with a list of all schedules to be prepared by the Town
   by June 4, 2012.
   2. The auditor shall have a draft of the audit report and management letter to the
   Treasurer/Finance Director for review by July 16, 2012.
   3. The Treasurer/Finance Director shall review the draft report and provide any comments to
   the auditor by July 30, 2012.
   4. The auditor will make revisions by August 6, 2012.
   5. The Treasurer/Finance Director will prepare the MD&A by July 16.
   3. The auditor shall provide the final report by August 20, 2012.
   4. The auditor shall make a brief presentation to the Town board on the management letter on
   September 4, 2012 at the regularly scheduled Board of Trustees meeting.

                                           SECTION 4

                                  PROPOSAL CONTENT

   The proposal should demonstrate the qualifications of the firm and of the particular staff to
   be assigned to this engagement. It should demonstrate and provide the mandatory elements
   required in the proposal (section 4. C.).

   The written proposal should include the information in the format outlined below and be
   limited to 60 pages.
   1. Title page.
   2. Table of Contents.
   3. Transmittal Letter. A signed letter confirming the Proposers understanding of the work
   to be done and a commitment to complete the work within the time frame described in the
   RFP. Also indicated why the firm is the best qualified to perform this audit and a
   confirmation that the proposal is an irrevocable offer for 30 days.

  The following subjects must be included in the proposal. Additional information may be

  1. Independence. The firm should provide an affirmative statement that it is independent of
  the Town, as defined by generally accepted auditing standards and the U.S. General
  Accounting Office’s “Government Auditing Standards”.

  2. License to Practice in Colorado. An affirmative statement should be included indicating
  that the firm and all assigned key professional staff are properly licensed to practice as a CPA
  in Colorado.

  3. Firm Qualifications and Experience. The proposal should state the size of the firm, the
  size of the firm’s governmental audit staff, the location of the office from which the work on
  this engagement is to be performed, and the number and level of the professional staff to be
  employed in this engagement on a full-time basis and the number and level of the staff to be
  employed on a part-time basis.

  The firm shall submit a copy of the report on its most recent external quality control review
  with a statement whether that quality control review included a review of specific government

  The firm shall provide information on the circumstances and status of any disciplinary action
  taken or pending against the firm during the past three years with state regulatory bodies or
  professional organizations.

  4. Partner, Supervisory and Staff Qualifications and Experience. The firm should
  identify the principal supervisory and management staff including engagement partners,
  managers, and other supervisors who would be assigned to this engagement and whether each

person is licensed to practice as a Certified Public Accountant in Colorado. The firm should
also provide the number of staff auditors that will be assigned to this engagement. The firm
should provide information on the government auditing experience of each person, including
information on relevant continuing professional education for the past two years and
membership in professional organizations relevant to the performance of this audit.

5. Similar Engagements with Other Government Entities. The firm should list the most
significant engagements performed in the last three years that are similar to the engagement
described in this RFP. Indicate the scope of work, the date, engagement partners, total hours,
and the name and telephone number of the primary client contact.

6. Audit Approach. The proposal should include a work plan, including an explanation of the
audit methodology to be followed, to perform the services required in Section III of the RFP.
Proposers will be required to provide the following information on their audit approach.

   a. Proposed segmentation of the engagement.

   b. Level of staff and number of hours to be assigned to each proposed segment of the

   c. Sample sizes and the extent to which statistical sampling is to be used in the

   d. A description of the type and extent of analytical procedures to be used in the

   e. A description of the approach to be taken to gain an understanding of the Town’s
   internal control system.

7. Report Format. The proposal should include sample formats for the required reports.

8. Cost.
   a. The proposal should include an all inclusive price which is broken down into
   professional fees for the standard audit, professional fees for a Single Audit if needed, and
   out-of pocket expenses.

   b. A total all-inclusive maximum price for each engagement for the years 2011, 2012,
   2013, 2014, and 2015. This maximum price should be stated with a Single Audit and
   without a Single Audit.

   c. A schedule of professional fees should include the number of hours and the hourly rate
   for each level of staff assigned to this engagement.

The Town will make progress payments on the basis of hours worked during the course of the
engagement and out-of pocket expenses incurred in accordance with the firm’s proposal.

                                   SECTION 5
                              EVALUATION CRITERIA

  The Selection Team will be chaired by the Treasurer/Finance Director and composed
  of a Town Trustee, the Town Administrator and a local CPA. During the evaluation
  process, the Selection Team reserves the right to request additional information or
  clarifications from Proposers, or to allow correction of errors or omissions.

  The Selection Team will use a point formula during the review process to score
  proposals. Each member of the Selection Team will score each proposal based on the
  technical criteria listed in B.2. below. The Selection Team will then meet to review
  and discuss the evaluations and combine each individual score into a composite
  technical score for each firm.

   Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory
   criteria will have their proposals scored for technical qualifications and price. The
   following represent the selection criteria which will be considered in the evaluation

  1. Mandatory Elements
     a. The audit firm is independent and licensed to practice in Colorado.
     b. The audit firm’s professional personnel have received adequate continuing
     professional education within the preceding two years.
     c. The firm has been reviewed in an external quality review process within the past
     three years and submits a copy of it most recent external quality control review
     d. The firm has at least three years experience in auditing governmental entities of
     at least comparable size to the Town of Buena Vista.
     e. The firm adheres to the instruction in this RFP on preparing and submitting this

  2. Technical Qualifications. (Maximum Points-60)
     a. Expertise and Experience
        i. The firm’s experience and performance on comparable government
        ii. The quality and experience of the firm’s professional personnel to be assigned
        to the engagement.
        iii. The firm’s commitment to the proposed audit timeline.

     b. Audit Approach
        i. Adequacy of the proposed staffing plan.
        ii. Adequacy of sampling techniques.

        iii. Adequacy of analytical procedures.

  3. Price (Maximum Point 40)
      Cost will not be the primary factor in the selection of an audit firm.

  Based on the ratings of the proposals submitted, the Selection Team will request two
  to three firms to make oral presentations. Such presentations will provide firms with
  an opportunity to answer any questions the Selection Team may have on the firm’s

  The Buena Vista Board of Trustees will select a firm based upon the recommendation
  of the Selection Team. It is anticipated that the firm will be selected by March 26,

   The Town will prepare a contract to be negotiated with the successful firm. It is
   anticipated that a contract will be executed between both parties. A sample standard
   professional services contract used by the Town is shown in Exhibit B.

                                        SECTION 6

     All proposals are due to Town Hall by 5:00 p.m. March 12, 2012. The address for
     submission if mailed is Town of Buena Vista, P.O. Box 2002, Buena Vista, CO
     81211. If delivered, the address is 210 East Main Street. There is no U.S. Postal
     service mail delivery to the street address.

     Oral presentations are expected to be scheduled the week of March 19, 2012.

     The Board of Trustees will receive a recommendation from the review committee
     at the March 27th regularly scheduled Board of Trustees meeting.

     Upon the award of the auditing contract, a contract will be completed and
     presented to the Board for approval at the April 10th regularly scheduled Board

                                                         Town of Buena Vista
                                                         Organizational Chart
                                                            2010 Budget

                                                        Citizens of Buena Vista

                                                Elected Board of Trustees and Mayor

                                                         Town Administrator

Treasurer                       Town Clerk                                                                                  Prosecutor
                                                            Public Works                       Recreation    Airport
Water Clerk     Fire Chief         BVTV       Planner                         Police Chief
                                                              Director                         coordinator   Manager
                                             Zoning                                          Class           Line
              Mechanic         Recorder      Officer       Engineer           Sergeants      instructors     technician
                                                           Park               Patrol
              Adm Asst         Operations                  supervisor         Officers       Umpires         Receptionist
               Fire Marshall                               Mechanic           Reserves       Scorekeepers
                                                           Foreman            Adm Asst       Field Maint

                                                           Water Techs        Court Clerk
                                                           Parks              Animal
  LEGEND OF REPORTING                                      Maintenance        Control
       Supervised by                                       Cemetery
       Appointed by                                        Adm Asst
        Elected by                                         Street Maint
        Direct Report to person at top

       THIS AGREEMENT is made and entered into this _____ day of ____________, 20__, by
and between the Town of Buena Vista, a Colorado municipal corporation having an address of P.O.
Box 2002, Buena Vista, Colorado 81211 (the “Town”), and __________________________, an
independent contractor having an address of __________________________________
("Contractor") (collectively the "Parties").

       WHEREAS, the City requires professional services; and

       WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and
experience to perform the required professional services.

       NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency
of which are hereby acknowledged, the Parties hereto agree as follows:


       A.     Contractor shall furnish all labor and materials required for the complete and prompt
execution and performance of all duties, obligations, and responsibilities which are described or
reasonably implied from the Scope of Services set forth in the attached Exhibit A.

        B.     A change in the Scope of Services shall constitute a material change or amendment
of services or work which is different from or additional to the Scope of Services. No such change,
including any additional compensation, shall be effective or paid unless authorized by written
amendment executed by the Town. If Contractor proceeds without such written authorization, then
Contractor shall be deemed to have waived any claim for additional compensation, including a
claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as
expressly provided herein, no agent, employee, or representative of the Town is authorized to
modify any term of this Agreement, either directly or implied by a course of action.


        Contractor shall commence work as set forth in the Scope of Services. Except as may be
changed in writing by the Town, the Scope of Services shall be complete and Contractor shall
furnish the Town the specified deliverables as provided in Exhibit A.


        A.     In consideration for the completion of the Scope of Services by Contractor, the Town
shall pay Contractor an amount not to exceed ____________________ Dollars ($___________.00).
This maximum amount shall include all fees, costs and expenses incurred by Contractor, and no
additional amounts shall be paid by the Town for such fees, costs and expenses.

        B.     Notwithstanding the maximum amount specified in Paragraph A hereof, Contractor
shall be paid only for work performed. If Contractor completes the Scope of Services for a lesser
amount than the maximum amount, Contractor shall be paid the lesser amount, not the maximum


        A.     Contractor hereby warrants that it is qualified to assume the responsibilities and
render the services described herein and has all requisite corporate authority and professional
licenses in good standing, required by law.

       B.       The work performed by Contractor shall be in accordance with generally accepted
professional practices and the level of competency presently maintained by other practicing
professional firms in the same or similar type of work in the applicable community. The work and
services to be performed by Contractor hereunder shall be done in compliance with applicable laws,
ordinances, rules and regulations.

        C.      The Town’s review, approval or acceptance of, or payment for any services shall not
be construed to operate as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.

       D.     Because the Town has hired Contractor for its professional expertise, Contractor
agrees not to employ subcontractors to perform any of the work required under the Scope of


         The materials, items, and work specified in the Scope of Services, together with any and all
related documentation and materials provided or developed by Contractor shall be exclusively
owned by the Town. Contractor expressly acknowledges and agrees that all work performed under
the Scope of Services constitutes a “work made for hire.” To the extent, if at all, it shall not
constitute a “work made for hire,” Contractor hereby transfers, sells, and assigns to the Town all of
its right, title, and interest in such work.


       Contractor is an independent contractor. Notwithstanding any other provision of this
Agreement, all personnel assigned by Contractor to perform work under the terms of this
Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes.
Contractor shall make no representation that it is a Town employee for any purposes.


       A.      Contractor agrees to procure and maintain, at its own cost, a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations assumed
by Contractor pursuant to this Agreement. Such insurance shall be in addition to any other
insurance requirements imposed by law.

        B.     Contractor shall procure and maintain, and shall cause any subcontractor of
Contractor to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurers acceptable to the Town. In the
case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.

               1.     Worker's compensation insurance to cover obligations imposed by applicable
       law for any employee engaged in the performance of work under this Agreement, and
       Employer's Liability insurance with minimum limits of five hundred thousand dollars
       ($500,000) each accident, one million dollars ($1,000,000) disease – policy limit, and one
       million dollars ($1,000,000) disease – each employee. Evidence of qualified self-insured
       status may be substituted for the worker's compensation requirements of this Paragraph.

               2.     Commercial general liability insurance with minimum combined single limits
       of six hundred thousand ($600,000) each occurrence and one million dollars ($1,000,000)
       general 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, products, and completed operations. The policy shall contain a severability of
       interests provision, and shall be endorsed to include the Town and the Town's officers,
       employees, and contractors as additional insureds. No additional insured endorsement shall
       contain any exclusion for bodily injury or property damage arising from completed

               3.     Professional liability insurance with minimum limits of six hundred thousand
       dollars ($600,000) each claim and one million dollars ($1,000,000) general aggregate.

        C.     Any insurance carried by the Town, its officers, its employees, or its contractors
shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be
solely responsible for any deductible losses under any policy.

        D.     Contractor shall provide to the Town a certificate of insurance, completed by
Contractor's insurance agent, as evidence that policies providing the required coverages, conditions,
and minimum limits are in full force and effect. The certificate shall identify this Agreement and
shall provide that the coverages afforded under the policies shall not be cancelled, terminated or
materially changed until at least thirty (30) days prior written notice has been given to the Town.
The Town reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.

        E.     Failure on the part of Contractor to procure or maintain the insurance required herein
shall constitute a material breach of this Agreement upon which the Town may immediately
terminate this Agreement, or at its discretion, the Town may 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 the Town shall be repaid by Contractor to the Town upon demand, or the
Town may offset the cost of the premiums against any monies due to Contractor from the Town.


        Contractor agrees to indemnify and hold harmless the Town and its officers, insurers,
volunteers, representatives, agents, employees, heirs and assigns from and against all claims, liability,
damages, losses, expenses and demands, including attorney fees, 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 Agreement or the Scope of Services if such injury, loss, or
damage is caused in whole or in part by, the act, omission, error, professional error, mistake,
negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee,
representative, or agent of Contractor, or which arise out of any worker's compensation claim of any
employee of Contractor or of any employee of any subcontractor of Contractor.


       This Agreement shall terminate at such time as the work described in the Scope of Services
is completed and the requirements of this Agreement are satisfied, or upon the Town's providing
Contractor with seven (7) days advance written notice, whichever occurs first. If the Agreement is
terminated by the Town's issuance of written notice of intent to terminate, the Town shall pay
Contractor for all work previously authorized and completed prior to the date of termination. If,
however, Contractor has substantially or materially breached this Agreement, the Town shall have
any remedy or right of set-off available at law and equity. If the Agreement is terminated for any
reason other than cause prior to completion of the Scope of Services, any use of documents by the
Town thereafter shall be at the Town's sole risk, unless otherwise consented to by Contractor.


       A.       Certification. By entering into this Agreement, Contractor hereby certifies that, at
the time of this certification, it does not knowingly employ or contract with an illegal alien who will
perform work under the Agreement and that Contractor will participate in either the E-Verify
Program administered by the United States Department of Homeland Security and Social Security
Administration or the Department Program administered by the Colorado Department of Labor and
Employment in order to confirm the employment eligibility of all employees who are newly hired
for employment to perform work under the Agreement

       B.      Prohibited Acts. Contractor shall not:

               (1)     Knowingly employ or contract with an illegal alien to perform work under
       this Contract; or

                (2)   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.

       C.      Verification.

                (1)     If Contractor has employees, Contractor has confirmed the employment
       eligibility of all employees who are newly hired for employment to perform work under the
       Agreement through participation in either the E-Verify Program or the Department Program.

              (2)    Contractor shall not use the E-Verify Program or Department Program
       procedures to undertake pre-employment screening of job applicants while this Contract is
       being performed.

               (3)     If Contractor obtains actual knowledge that a subcontractor performing work
        under this Contract knowingly employs or contracts with an illegal alien who is performing
        work under the Agreement, Contractor shall:

                      1.       Notify the subcontractor and the Town within three (3) days that
              Contractor has actual knowledge that the subcontractor is employing or contracting
              with an illegal alien who is performing work under the Agreement; and

                      2.     Terminate the subcontract with the subcontractor if within three (3)
              days of receiving the notice required pursuant to subsection (1) hereof, the
              subcontractor does not stop employing or contracting with the illegal alien who is
              performing work under the Agreement; except that Contractor shall not terminate the
              contract with the subcontractor if during such three (3) days the subcontractor
              provides information to establish that the subcontractor has not knowingly employed
              or contracted with an illegal alien who is performing work under the Agreement.

        D.      Duty to Comply with Investigations. Contractor shall comply with any reasonable
request by the Colorado Department of Labor and Employment made in the course of an
investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying
with the terms of this Contract.

       E.      If Contractor does not have employees, Contractor shall sign the “No Employee
Affidavit” attached hereto.

       F.    If Contractor wishes to verify the lawful presence of newly hired employees who
perform work under the Agreement via the Department Program, Contractor shall sign the
“Department Program Affidavit” attached hereto.


        A.     Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Colorado, and any legal action concerning the provisions hereof shall be brought in Chaffee
County, Colorado.

        B.      No Waiver. Delays in enforcement or the waiver of any one or more defaults or
breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or
obligation of this Agreement.

      C.     Integration. This Agreement and any attached exhibits constitute the entire
Agreement between Contractor and the Town, superseding all prior oral or written communications.

        D.     Third Parties. There are no intended third-party beneficiaries to this Agreement.

        E.      Notice. Any notice under this Agreement shall be in writing, and shall be deemed
sufficient when directly presented or sent pre-paid, first class United States Mail to the party at the
address set forth on the first page of this Agreement.

        F.      Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall
remain in full force and effect.
           G.   Modification. This Agreement may only be modified upon written agreement of the

        H.      Assignment. Neither this Agreement nor any of the rights or obligations of the
Parties hereto, shall be assigned by either party without the written consent of the other.

        I.      Governmental Immunity. The Town, its officers, and its employees, are relying on,
and do not waive or intend to waive by any provision of this Agreement, the monetary limitations
(presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand
dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise
available to the Town and its officers or employees.

        J.      Rights and Remedies. The rights and remedies of the Town under this Agreement
are in addition to any other rights and remedies provided by law. The expiration of this Agreement
shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies
may be asserted, for work negligently or defectively performed.

        K.     Subject to Annual Appropriations. Consistent with Article X, § 20 of the Colorado
Constitution, any financial obligations of the Town not performed during the current fiscal year are
subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only to
monies currently appropriated and shall not constitute a mandatory charge, requirement or liability
beyond the current fiscal year.

        IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first
set forth above.


                                                  Joel Benson, Mayor

Diane Spomer, Town Clerk


Jefferson H. Parker, T own Attorney


                                                 By: __________________________________
STATE OF COLORADO                 )
                                  ) ss.
COUNTY OF __________              )

The foregoing instrument was subscribed, sworn to and acknowledged before me this _______ day
of ________________, 20_____ by ________________________,as _________________ of

       My commission expires:


Notary Public


                                   NO EMPLOYEE AFFIDAVIT

                 [To be completed only if Contractor does not have any employees]

1.      Check and complete one:

       I, _______________________________, am a sole proprietor doing business as
__________________________. I do not currently employ any individuals. Should I employ any
employees during the term of my Agreement with the Town, I certify that I will comply with the
lawful presence verification requirements outlined in that Agreement.
         I, ______________________________, am the sole owner/member/shareholder of
___________________________, a ______________________________ [specify type of entity –
i.e., corporation, limited liability company], that does not currently employ any individuals. Should
I employ any individuals during the term of my Agreement with the Town, I certify that I will
comply with the lawful presence verification requirements outlined in that Agreement.
2.      Check one.
     I am a United States citizen or legal permanent resident.

        The Town must verify this statement by reviewing one of the following items:
            A valid Colorado driver's license or a Colorado identification card;
            A United States military card or a military dependent's identification card;
            A United States Coast Guard Merchant Mariner card;
            A Native American tribal document;
            In the case of a resident of another state, the driver’s license or state-issued
              identification card from the state of residence, if that state requires the applicant to
              prove lawful presence prior to the issuance of the identification card; or
            Any other documents or combination of documents listed in the Town’s “Acceptable
              Documents for Lawful Presence Verification” chart that prove both the contractor’s
              citizenship/lawful presence and identity.
     I am otherwise lawfully present in the United States pursuant to federal law.
        Contractor must verify this statement through the Federal Systematic Alien Verification of
        Entitlement (“SAVE”) program, and provide such verification to the Town.

                                              Signature: ________________________________

                          DEPARTMENT PROGRAM AFFIDAVIT

                        [To be completed if Contractor participates in the
                   Department of Labor Lawful Presence Verification Program]

      I, ________________________, as a public contractor under contract with the Town of
Buena Vista (the "Town"), hereby affirm that:

       1.     I have examined or will examine the legal work status of all employees who are
newly hired for employment to perform work under this public contract for services (“Contract”)
with the Town within twenty (20) days after such hiring date;

       2.     I have retained or will retain file copies of all documents required by 8 U.S.C. §
1324a, which verify the employment eligibility and identity of newly hired employees who perform
work under this Contract; and

       3.     I have not and will not alter or falsify the identification documents for my newly
hired employees who perform work under this Contract.

____________________________________                                ________________________
Contractor Signature                                                Date

STATE OF COLORADO                   )
                                    ) ss.
COUNTY OF                                   )

      The foregoing instrument was subscribed, sworn to and acknowledged before me this ___
day of __________, 20__, by _______________________ as _________________ of

       My commission expires:

       (S E A L)                                     ___________________________________
                                                     Notary Public


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