HomeMy WebLinkAboutbocc.con.078.2008 CLERK'S CHECK LIST
' FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT 7s-ZOOB
Originating Department/Division: PW
Contact Person: Tessa Lemke Phone 5395
Project Name: Helicopter Services
? BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE
(BOCC signature required) (per Revised Procurement Code 7/2005)
Check procurement type:
?None~Informal ?Formal ole Source ?Emergency ?State Bid ?
Check Contract Type:
Dollar Amount: 20,000 Budget Line Item/Ledger Number 003.77.00000.82517
®Services/Maintenance ?Employrnent (for county employees)
?License/Use ?Intergovernmental Agreement (Requires BOCC Action)
?Lease ?Non-Profit
?Construction ?Quasi-Public
?Goods, Equipment, Supplies ?Grant Agreements (Requires BOCC Action)
?Other (e.g. revenue) ?Change Order/Contract Amendment
ContractorBusiness DBS Helicopters Complete Legal Name: Delta
Bravo Sierra Corporation
Contract Execution 2/1/2008 Contract End Date: 1/31/2009
Automatic Renewal Yes Term of Contract: 1 year
All Contracts should be proofed for the following:
®No Pages Missing
®If a Page is Left Intentionally Blank -Note on Page
®Page numbered consecutively
®All Signatures Affixed
®All Dates Filled In
®All Other Blanks Filled In
?All Exhibits Attached
?All Legal Descriptions Attached (if appropriate)
?Notice of Award/Proceed Attached (if appropriate)
®Special Instructions for Finance Department: none
®Sent to Clerk and Recorder for Scanning/Archiving
?Authorized Staff Person's Name: Tessa Lemke
?Warranty, if applicable
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF
PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY
FOR SCANNING.
Note: Clerk's Office will keep original documents in compliance with Colorado State
Archives retainage schedule.
Amended 11_05_07
Rev8, "_'8;'~bdg
CONTRACT FOR PROVISION OF SERVICES
Contract # 78-2008
Budget Line Item # 003.77.00000.82517
THIS COIv'TRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Delta Bravo Sierra Corporation, dba: DBS Helicopters,
375 County Road 352, Building 3060, Rifle, CO 81650 (hereinafter "Contractor").
1. Term. The teen of this contract is from February 1, 2008 to _January 31, 2009.
At the expiration of the initial term, the contract may be extended for an additional teen of 365
days by the express written consent of both parties.
2. Contractor's Obligations. Contractor shall provide helicopter charter, standby time
andior fuel truck when requested by the County Representative to Pitkin County Mountain top sites.
Rates are as follows:
Charter Ferry $1100/hr
Fuel Truck $ 150/hr half day
$300/hr full day
Longline Services $1250/hr
Standby Time $200/hr
3. 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 2. It is expressly understood and agreed that in no event will the total compensation and
reimbursement to be paid hereunder exceed the sum of $20,000.00 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, but any payment by the
County maybe offset by any amount the Contractor owes the County for any reason.
4. 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.
5. Pitkin County's Obligations. Pitkin County shall administer this contract through
a County Representative. Tessa Lemke will manage the project as the County's Representative.
In the event that Tessa Lemke is not available, Brian Pettet shall assume the County
Representative's duties. The services provided and products delivered by the Contractor under
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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.
6. 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. Not withstanding 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.
7. 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.
8. Assi ngability. 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.
9. Binding Arbitration. Any disputes arising out of this contract shall be subject to
binding arbitration. The parties agree that any disputes concerning the terms and conditions of this
contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association and shall be presided over by the
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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.
6. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this contract, with or without cause. b~' 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 terns of this
contract prior to the date of termination. dot withstanding the above. Contractor shall not be
relieved of liability to the County for damages sustained b~ the County by virtue of any breach of
the contract b~~ the Contractor.
7. 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' went,
employee.. or sets--ant of Contractor shall not be deemed to be an employee, agent, or servant of
Pitkin County.
B. Contractor is not required to offer his sen-ices exclusively to Pitkin
County under this contract. Contractor may choose to work for other individuals or entities
during the tern 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 o~ ersee or supetti~ise the work or actions of
any Pitkin County employee. servant or agent in the course of completing work udder this
contract.
E. Contractor is not entitled to any ~~'orkers' Compensation benefits tlu-ou`gh
Pitkin County and is responsible for payment of any federal, state. FICA and other income
taxes.
8. assi _nlability. This contract is not assiglzable by either pat ~y. any use of
subcontractors b~ the Contractor for performance of this contract must be accepted in ~~-ritin~.* by the
County.
9. Binding arbitration. any disputes ar~~sing out of this contract shall be subject to
binding arbitration. The parties a~nee that any disputes concerting the tenors and conditions of this
contract shall be submitted and finally settled b~ arbitration. arbitration shall be conducted
pursuant to the rules of the amencan arbitration association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the
arbitration shall be awarded to the substantially prevailing party.
0. 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
11. lilte~ation and Modification.
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 sued 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.
12. Indemnity.
A. The Contractor (including, by definition here and hereinafter, its officials,
employees, agents and representatives, subcontractors and suppliers), shall and hereby does release,
discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents
and representatives from and against liability for any claim, demand, loss, damages, penalty, judg-
ment, expenses, costs (including costs of investigation and defense), fees (including reasonable
attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily
injury, death, personal injury or property damage arising out of or in connection with any negligent
act, intentional act, error or omission by the Contractor, and for any consequential liability alleged
to accrue against the County on account of the Contractor's acts, errors or omissions; provided,
however, that such indemnity shall not be construed as an indemnity for bodily injury or property
damage arising from the sole negligence of the County or its employees.
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.
13. Insurance.
A. In whole or in part, the Contractor shall secure and maintain for the term of its
contractual relationship with the County such insurance policies, from companies licensed in the
State of Colorado, as will protect itself, the County and others as specified, from claims for bodily
injuries, death, personal injury or property damage, which may arise out of or result from the
Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits
indicated and including such endorsements as are indicated by an "X", are required:
1. Statutory Workers' Compensation: Colorado statutory minimums
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2. Commercial General Liability -ISO 1998 Fonn or equivalent
(Tfitl: Count}' named additional insured)
Each Occurrence Limit
51.000.000.00
General Aggregate Limit 52,000.000.00
Products/Completed Operations Aggregate Limit 52.000.000.00
Comprehensive Fonn (All risks) to include /place .x' b, applicable
provisions/:
X Premises,'Operations
Underground, Explosion & Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personallnjury
3. Business Auto Coverage:
Combined Single Limit Liability (each accident) 51.000,000.00
Including all owned, non-owned, and hired vehicles.
4. SpeClal COVerageS (check as appropriate and inse~7 amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk
_ (6) Boiler and Machinery
_ (7) Loss of Use Insurance
_ (8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
1. To provide evidence of the required insurance coverage, copies of
Certificates of Insurance in a form acceptable to the County shall be filed with the County through
the representative identified in Paragraph 5, no later than ten (10) calendar days prior to com-
mencement of operations affecting the County. Failure to file or maintain acceptable Certificates
of Insurance with the County is agreed to be a material breach of any contract. These Certificates
of Insurance shall contain a provision that coverage afforded under the policies will not be
canceled or materially altered unless at least thirty (30) calendar days prior written notice by
certified mail, return receipt requested (effective upon proper mailing), has been sent to the
Procurement Officer. (For purposes of this provision, "materially altered" shall mean a change
affecting the coverage's required herein, including a change to policy limits as set out in the then-
current policy declarations page).
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Commercial General Liability -ISO 1998 Forn or equivalent
lit ith Counrs• nu~ned udditionrrl ntsured)
Each Occurrence Limit
S 1.000,000.00
General Aaare~aate Limit S?.000.000.00
Products; Completed Operations .-~y`~re`Tate Lir~lit 5.000.000.00
Comprehensi~~e Forn (A[I risks) to include rpla~~~ ~t~ h~ a~~plicahlt•
prof isiuns~:
Premises-"Operations
L`nder~round, Explosion R. Collapse Hazard
X Products. Completed Operations
Contractual Liability
~C Independent Contractors and Subcontractors
Broad FomZ Propem; Dama`.~e
Personal hljur ~
Business Auto Coverase:
Combined Sin~1e Limit Liability (each accident} S L000.000.00
[ncludina all owned, non-o~~-ned, and hired vehicles.
Special Coverav?es Icheck as appropriate and insrrt antuuntj
(1) Performance Band
Labor and 'Material
Payment Bond
Professional Errors and Omissions
Aircraft Liability
(-I} Oticner's Protective
Builder's Risk
(6) Boiler and ~Iachiner~
(71 Loss of L~se Insurance
{8) Pollution Liability
(9} Crime, includin<_ Employee Dishonesty Covera`e, or Fidelity Bond
B. Proof of Insurance:
1. To provide e~ idence of the required insurance coy erase, copies of
Certificates of [r.surance in a form acceptable to the County shall be filed ~,i-ith the County throu~_h
the representative identitied in Para_n-aph no later than ten (10) calendar dais prior to com-
u~enceuzent of operations affectin~~ the County. Failure to f le or maintain acceptable Certificates
of hlsurance with the County is a~n-eed to be a material breach of any ec,ntract. These Certificates
of Insurance shall contain a provision that covera`,e afforded under the policies will not be
canceled or materiall` altered unless at least thirty (~0) calendar days prior written notice by
certified mail, returl receipt requested {.effective upon proper mailin`r}, has been sent to the
Procurement Officer. (For purposes of this prop ision. "materially altered" shall mean a chapge
affectin~a the covera~ae's required herein. includin~_ a chan~_e to policy limits as set out in the then-
cun~ent policy declarations pave).
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Simultaneously with the Certificates of hlsurance, the Contractor shall
file with the Procurement Officer a certified statement as to claims pending against the required
coverages, resen-es 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:
y a. The clause "other insurance provisions." in a policy in which the
County of Pitkin holds a Certificate, shall not apply to the County of Pitkin.
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 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 reser~•es the right to request and receive a copy of any
policy and any policy endorsement at any time during the teen of this contract.
14. Exemptions. All purchases of construction, 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 98-0?6''4 and 84-78000-SK.
1 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 shall 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.
16. 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.
17. Attornev's Fees. In the event that legal action is necessary to enforce any of the
provisions of this contract beyond the arbitration described in Paragraph 9. the substantially
prevailing party shall be entitled to its costs and reasonable attorney's fees.
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18. 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
teens (presently 51 X0,000.00 per person and 5600,000 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 ti~-hich is caused by the negligence or other misconduct
of the County or its agent or employees.
I9. Current Year Obligations. The parties acknowledge and agree that any pa~nnents
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 amultiple-fiscal year direct
or indirect debt or other financial obligation of Pitkin County within the meaning of any
constitutional 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.
20. Notice. Any written notice required by this contract shall be deemed delivered
through any of the following: (1) hand delivery to the person at the address below; delivery by
facsimile with confirmation of receipt to the faY number below; or (3) within three (3) days of
being sent certified first class mail, postage prepaid, return receipt requested addressed as
follows:
A. To Pitkin County
Tessa Lernke
76 Service Center Road, Aspen CO. 81611 FAX (970) 920-5374
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
B. To Contractor:
Delta Bravo Sierra Corporation, dba DBS Helicopter
37~ County Road, 3~2, Building 3060
Rifle, CO 81650
FAX (970) 62~-2997
21. Compliance with House Bill 06-1343.
8
l~. Governmental Immunity. Contractor a~_-ees and understands that Pitkin County is
relying on and does not waive. by any provision of this contract. the monetary limitations or
terns (presently SI~0,000.00 per person and S600.000 per occur•ence) or any other ri_hts.
immunities. and protections provided by the Colorado Go~~ernmental Immunity Act. ~~-10- 101.
et. Seq.. C.R.S.. as from time to time amended, or othen~ise available to Pitkin County or any of
its officers. a<,ents or employees. Further. nothin~_ in this contract shall be eonstnled or interpreted
to require or provide for indemnification of the Contractor by the Cou:~tv for any- injulti to any
person or any property dama~~e whatsoe~-er which is cam==used b~ the ne~~li~_ence or other misconduct
of the County or its a~_ent or employees.
19. Cura-ent Fear Obiivations. The paI pies ackno~~ led`1e and a`ree tl.at any paymel~ts
provided for hereunder or requirements for fature appropriations shall consulate only currently
bud~~eted expenditures of Pitkin County. Pitkin County's obli``ations under this contract are
subject to Pitkin County's annual ri~~ht to budUet and appropriate the sums necessary to provide
the services set forth herein. ~o provisions of the contract shall constitute a mandatory char~Te or
requirement in any ensuin<a fscal year beyond the then cur7-ent fscai tear of Pitkin County do
provision of the contract shall be constnled or interpreted as creating= a multiple-fiscal year direct
or indirect debt or other financial obIi~,ation of Pitkin County within the meanin~~ of any
constitutional or statutory debt limitation. This contract shall not directl~~ or indirectly obli~~ate
Pitkin County to make any pay7ments beyond those appropriated for Pitkin County's then current
fiscal year. i~o 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
firture issuance of Pitkin County's bonds or anti obli`atiors payable ti-om any class or source of
Pitkin County's money. J
?0. 'notice. Anv ~~-ritten notice required by this cont. act sl.all be deemed delivered
throu`_h any of the followinv: (1 }hand delivery to the person at the address below: deliyelti~ b~
facsimile with confirmation of receipt to the fax number below; or within three days of
bein` sent certified first class mail. postage prepaid. return receipt requested addressed as
follows:
A. To Pitkin County
Tessa Lermke
,6 Sen-ice Center Road, Aspen CO. 5161 1 FAY (9-0) 9~0-~~~-I
~ ith copies to:
Pitkin County Attorley's O.:-ice
~0 E. ylain Street. =~0~
:-aspen, Colorado 3 i 6 l I
B. To C017tractl~r:
Delta Bravo Sierra Corporation, dba DBS Helicopter
County Road. Building ?060
Ri tle. COS 160
FAQ (9.0) 6~~-?99
1. Compliance with House Bill O6- I
A. In compliance with House Bill 06-1343, amending Title 8 of the Colorado
Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Ser`•ices,
enacted by the General Assembly of the State of Colorado, the Contractor shall i~ot:
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 the
Contractor that the subcontractor shall not know~n~ly employ or contract
with an illegal alien to perform work under this contract.
B. In compliance with House Bi1106-1343 enacted by the General Assembly of the State of
Colorado
1. The Contractor shall verify or attempt to verify through participation in the
Basic Pilot Program [created in Public Law ?08, 104th Congress, as amended and
expanded in Public Law 1 ~6, 108`x' Congress, as amended, that is administered by the
United States Department of Homeland Security] that the Contractor does not employ any
illegal aliens and, if the Contractor is not accepted into the Basic Pilot Program prior to
entering into this contract, the Contractor shall apply to participate in the Basic Pilot
Program every three months until the Contractor is accepted or this contract has been
completed, whichever is earlier. This provision shall not be required or effective if the
Basic Pilot Program is discontinued.
2. The Contractor shall be prohibited from using Basic Pilot Program
procedures to undertake pre-employment screening of job applicants while this contract is
being performed.
3. If the Contractor obtains actual knowledge that a subcontractor performing
work under this contract knowingly employs or contracts with an illegal alien, the
Contractor shall he required to:
a. 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
b. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (a) of this
paragraph (3) the subcontractor does not stop employing or contracting with the
illegal aliens; except that the Contractor shall not terminate the contract with the
subcontractor if during such tlu•ee days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an
illegal alien.
4. 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 of
9
Labor and Employment is undertaking pursuant to the authority established in Subsection
of C.R.S. S 8-17.5-10?.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
CONTRACTOR:
B v:
J
Title
Date
PITKIN COUNT':
Bv:
Tessa Lemke Date
10
a•
three months until the Contractor is accepted or this contract has been completed,
whichever is earlier. This provision shall not be required or effective if the Basic
Pilot Program is discontinued.
2. The Contractor shall be prohibited from using Basic Pilot Program
procedures to undertake pre-employment screening of job applicants while this
contract is being performed.
3. If the Contractor obtains actual knowledge that a subcontractor
performing work under this contract knowingly employs or contracts with an
illegal alien, the Contractor shall be required to:
a. 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
b. Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to subparagraph (a) of
this paragraph (3) the subcontractor does not stop employing or
contracting with the illegal aliens; 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.
4. 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 of Labor and Employment is undertaking pursuant to the authority
established in Subsection (5) of C.R.S. ~ 8-17.5-102.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set
out herein above.
t
CONT CTO
By: f ,
Title ~ ~
Date
PITKIN COUNTY:
Tessa Lemke Date