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ADDENDUM TO THE AGREEMENT
BETWEEN COUNTY OF EAGLE, ST ATE OF COLORADO
AND VAIL RECREATION DISTRICT
THIS Addendum between County of Eagle, State of Colorado and Vail Recreation District is
made and entered into this 14th day of November, 2006 between Eagle County, by and through
its Board of County Commissioners (hereinafter referred to as "Owner") and Vail Recreation
District. (hereinafter referred to as "Contractor").
WHEREAS, Owner and Contractor entered into an Agreement dated August 29,2006 ("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 hereby 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. Ifthe
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:
hUrs:/ /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 of receiving 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.
Clerk to the oard of County C
f>~ . l . (qRfl'
. -:::::r==- .- I ~UT'- CONTRACTOR: Vail Recreation District
COUNTY OF EAGLE, STATE OF COLORADO
By and through its B d of Commissioners