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HomeMy WebLinkAboutC06-330 ADDENDUM TO THE AGREEMENT BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND THE EAGLE COUNTY SCHOOL DISTRICT THIS Addendum between County of Eagle, State of Colorado and the Eagle County School District is made and entered into this 31 st day of October, 2006 between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as "Owner") and the Eagle County School District (hereinafter referred to as "Contractor") . WHEREAS, Owner and Contractor entered into an Agreement dated October 10, 2006 ("Original Agreement") for services; WHEREAS, the Colorado Legislature adopted House Bill 1343, codified at C.R.S. ~~8-17.5-101 and 8-17.5-102 requiring certain contractual language for agreements between the County and any contractor for the procurement of services entered into on or after August 8, 2006; and WHEREAS, Owner and Contractor are desirous of complying with said statutory requirements through the adoption of this Addendum. In consideration of the terms and conditions of the Original Agreement (or Arrangement if non-written) and the amendments herein, the sufficiency of which is h~reby acknowledged, Owner and Contractor agree that this Addendum shall be included and adopted in the Original Agreement (or Arrangement if non-written) as stated hereunder. 1. Prohibitions on Public Contract for Services: a. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or 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. b. The Contractor shall verifY or attempt to verifY through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the contractor shall apply to participate in the Program every three months until the contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https://www.vis-dhs.com \emploverregistration c. The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: i. NotifY the Subcontractor and the County within three days that the 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 ofreceiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract 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. e. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. f. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. This Addendum shall be binding on the parties hereto, their heirs, executors, successors, and assigns. COUNTY OF EAGLE, STATE OF COLORADO By and through its Bo TRACTOR: Eagle County School District Clerk to the Board of County Commissioners By l)~at:it.uJ.--) SAMPLE AFFIDAVIT (to comply with HB 1023) I, , swear or affirm under the penalty of petjury under the laws of the State of Colorado that (check one): I am a United States Citizen I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as petjury in the second degree under Colorado Revised Statute ~ 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date