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HomeMy WebLinkAboutbocc.con.229.2009 Contract # ~J~`/- ~ S Rev. 3/28/09 jls Ledger # C^U ~i 3 - c' ~ ~ ~ =Z - ~i ~ 3 X~.. Yom. ~ ' ;~.a a :i11e:. LETTER OF ENGAGEMENT July 1, 2009 Project Name 2009 Board of Eanalization Business Name Michael C. Ireland P.C. Address 515 Independence Place City, State Zip Code Aspen, CO 81601 Re: Hearing Officer for tJ:e 2009 Board of Equalization Process Dear Mick: The purpose of this letter is to summarize the pertinent terms of Pitkin County's arrangement with you to provide the specified services enumerated in the following paragraph. The County's obligation under the Workers' Compensation Statute requires Pitkin County and you to formalize the terms of this engagement in a notarized writing. To serve as a hearing officer to hear tax disputed on behalf of the Board of Equalization for 2009. Compensation shall be at $150.00/hr It is mutually agreed that the County does not have an exclusive right to your services and it is contemplated that you may provide similar work to other businesses, governments and non-profit organizations. You acknowledge that the work performed for Pitkin County will be that of an independent contractor and that no employee-employer relationship is created. You have full control over how the services are performed and it is expected that work will be conducted in accordance with industry standards by applying professional judgment. The County will provide, if necessary, documents and information to complete the work described in the preceding paragraph. The County representative signing this letter is available to you to discuss any details related to this engagement. This letter of engagement will terminate on December 315 and will require a new document in succeeding years to be effective. You acknowledge and agree that you shall not be entitled to workers' compensation benefits in connection with this project and that you shall be responsible for the payment of all state and federal income taxes. Compliance with House Bill 06-1343 and House Bi1107-1073 A. In compliance with House Bill 06-1343 and House Bill 07-1073 amending Title 8 of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public 1 Contract # Rev. 3/28/09 jls Ledger # Contract for Services, enacted by the General Assembly of the State of Colorado, the 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 the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. B. In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by the General Assembly of the State of Colorado: 1. The Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, or its successor and expanded in Public Law 156, 108~~' Congress, or its successor, that is administered by the United States Department of Homeland Security] 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 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. Contract # Rev. 3/28/09 jls Ledger # In all other respects the Agreement is in full force and effect and remains unchanged by this Amendment. If you are in agreement with the terms of this letter, please sign below in the presence of a notary and-return a copy to us for our files. We appreciate the opportunity of working with you. Sincerely,- /f ~ Jeanette J~ries, Jerk to th oard of Cour>\t}'~\ @x~tg~orp~ers r ~~o~ARy ~ STATE (NSF COLORADO ) _ ~ o=o ss. ~ ~G Q COUNTY OF PITKIN ) p~$~ o~``~ The forgoing instrument was acknowledged' ~.~~his~ day o , 2009, by Jeanette Jones. Witnessed my hand and offic~ia7l se/a~l. My commission expires: ! f (-o~~ 0 ~ ~ Notar Pu ' AGREED: Michael C. Irelan ~~~`~~c~ D RISC ~~o~cARyo~ _ STATE OF COLORADO ) ~ a ~ o v` Q , N COUNTY OF PITKIN ) pF GO ~~``a1~ nnss' p ExP The forgoing instrument was acknowledged before me t~iis ~5 day of-.icy, 2009, by Michael C. Ireland, P.C. Witnessed my hand and official seal. My commission expires: / ary P lic 3