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HomeMy WebLinkAbout3.0 Agreement for Sweetwater Fire Protection Services Center.pdfFl!161$1340.11i1 kt 11101 Recept ionl#: 755841 10/08/2084 09:18;25 PM Joan Rleorivo 1 of 16 Poo Fee!Se.60 Doc Foe e.e0 GARFIELD COUNTY CO AGREEMENT FOR SWEETWATER FIRE PROTECTION SERVICES CENTER THE PARTIES to this agreement are the BOARD OF COUNTY COMMISSXONERS OF GARFIELD COUNTY, STATE OF COLORADO, thereinafter referred to as "BOCC ") and the .SWEETWATER COMMUNITY CLUB, INC. (hereinafter referred to as "'SWEETWATER". WHEREAS, Sweetwater owns and maintains certain property within Garfield County, Colorado, and desires to construct a building for fire protection services purposes on that property; and WHEREAS, the BOCC desires to assist Sweetwater in the construction of that fire protection services center; and WHEREAS, the BOCC desires to obtain the use of property owned by Sweetwater for use as a staging area for its Road and Bridge Department. NOW, THEREFORE, in mutual consideration for the covenants and promises set forth below, the parties hereto agree as follows: 1. Project. The Project that is the subject of this agreement is set forth in full in the Scope of Services attached hereto as Exhibit A. 2. Subject Property. The Property that is the subject of this agreement and on which the Scope of Services will be performed is described in the deed attached hereto as Exhibit B. 3. BOCC Responsibilities. The responsibilities of the BOCC are set forth in full in =the Scope of Services attached hereto as Exhibit A. 4. Sweetwater Responsibilities. The responsibilities of Sweetwater are set forth in full in the Scope of Services attached hereto as Exhibit A. 5. Joint lesponsibidities. Both parties to this agreement shall exercise use of the subject Property in a manner that will not interfere with Sweetwater's use for Community Club and fire protection purposes and the BOCC's use for Road and Bridge maintenance purposes. 6. Indemnification. a. To the extent permitted by law, each party to this agreement shall hold harmless, indemnify and defend the other 1I11 IV AN ail,ATEl I.141,1i4LIOfiFl 1+`1 t.Iiii II ill Re.eption1 756941 Se1e972eos 09.10:25 AM Jean Ri6rrieo 2 of 16 Rea Fee:Se.e0 DaD Fve.0.00 GARFIELD aunty c9 party, including the other party's employees, officers, agents, and assigns, from any claim, lawsuit, or award of damages, to the extent such claim, lawsuit or award of damages arises from the action or inaction of that party's own officers, employees and agents. b. Nothing herein shall be interpreted as a waiver of governmental immunity, to which the BOCC is otherwise entitled under Section 24 -10 -101, et. seq., C.R.S., as amended. 7. Insurance. Each party to this agreement shall maintain insurance with companies authorized to do business in the State of Colorado or through a properly certified governmental pool insurance program in the following minimum coverage amounts or as specified in the Colorado Immunity Act, Section 24 -10 -101, et seq., C.R.S., as amended, whichever is greater. a. General Liability. One hundred fifty thousand dollars 0150,000.00) per occurrence or six hundred thousand dollars 0600,000.00) per claim. b. Worker's Compensation and unemployment Insurance. As required by law. c. Veneral Automobile Liability Insurance. One hundred fifty thousand dollars {$150,000.00) per occurrence or six hundred fifty thousand dollars ($650,000.OQ) per claim. d. As applicable to this agreement, where Sweetwater permits other corporations, entities, or persons to operate vehicles on or utilize the subject Property during the normal course of business, it shall require that entity, person, or corporation to maintain the same level of insurance and execute the same indemnification agreement as pet forth in this agreement. Both parties shall name the other party as an additional insured on the general liability policy and on any automobile liability policy maintained pursuant to this agreement. Certificates of insurance should be tendered by each party to the other within ten (10) days of execution of this agreement by the last party. Failure to comply with this provision shall permit the complying party to terminate this agreement upon written notice. 2 el f l�Y�' f�> Y3 ilI1U E�tTl 1 + 4� 1 11 11 01 iteoep t i on o : 75641 Samt7Bt2D25 D9 -16;25 Ail Juan Atbarico 3 of 16 Rec Fe. $0 ee one Foo,D 06 GmE1ELD MINTY CO 8. illegal Aliens -- Public Contracts. a. The Contractor (entity or sole proprietor) shall execute the certification attached hereto as Exhibit D, in conformance with the provisions of §8 -17.5- 102(1) and §24- 76.5 -101., C.R.S., as amended. b, The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this public contact 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 who will perform work under this public contract for services. c_ The Contractor shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services through participation in either the E-- Verify Program or the Department Program. d. The Contractor shall not use either the E- Verify Program or the Department Program procedures to undertake pre- employment screening of job applicants while this public contract for services is being performed. e. If the Contractor obtains actual knowledge that a subcontractor performing work under this public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall: (1) Notify the subcontractor and the BOCC within three days that the Contractor hae actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ' (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (1), above, 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 3 IH I YJWN LGA54 0111 li RecepUon#t; 755841 10/08/2908 09116:25 AM Jean Albarico 4 of 16 Rra F4410.00 Doo Fao,6 00 GARFSELD COUNTY CO establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f. 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. g. Notwithstanding any other provision of this public contract for services, if the Contractor violates any provision of this paragraph, the BOCC may terminate this public contract for services and the Contractor shall be liable for all actual and consequential damages resulting from that terminations. h, Except where exempted by federal law and except as provided in §24- 76.5 - 103(3), C.R.S., as amended, the Contractor receiving Garfield County funds under this public contract for services must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to §24-76.5-103(4), C.R.S., as amended, if such individual applies for public benefits provided under this public contract for services. If the Contractor has verified that the County has accomplished such confirmation prior to the effective date of this public contract for services, the Contractor is relieved of responsibility under this paragraph. 9. Time of Performance. This Agreement shall be effective on the date of last signature. All obligations of the parties to this Agreement shall be completed on or before December 31, 2009. Time is of the essence hereof, whenever this agreement requires that a duty, responsibility, or payment must be accomplished by a time certain, Failure to so perform shall be considered a default under this agreement. 10. Consideration. All promises and covenants set forth herein shall be considered reciprocal consideration between the parties assuring performance of the duties by each party to this agreement. Such consideration shall include the transfer of all monies and property as set forth herein. 4 11111 K!', V lialkWAIN II 756841 10,0812006 09:16:25 AM Oesn Albertopq, 5 of 16 Rea Fes:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO 11. Whole Agreement. This contract sets forth the whole agreement of the parties. No representation, either verbal or written, shall be considered binding on either party to the extent it is not set forth herein. 12. Appropriation. This agreement is expressly contingent upon appropriation and budgeting for the costs required by any of the parties to this agreement. Should any party fail to appropriate or have available sufficient funds to pay for the costs of its obligations set forth herein, this agreement shall be considered of no force and effect. 13. Effective Date. This agreement shall become effective upon the date of the last signature to this agreement. 14. 6rrsendment and Assignment. This agreement may be amended, altered, or modified by the parties solely through a written agreement signed by all parties. This agreement may not be assigned by any party without the written agreement of all parties to this agreement. 15. Facsimiles and Counterparts. Facsimile documents with original signatures may be provided upon request. This document and all documents required for performance of this agreement may be signed in counter parts. Facsimile signatures may be substituted for all originals on such documents. 16. PoVerninq Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this agreement. Venue for any action instituted pursuant to this agreement shall lie in Garfield County, Colorado. 17. Authority. Each person signing this agreement represents and warrants that taaid person is fully authorized to enter into and execute this agreement and to bind the party it represents to the terms and conditions hereof. 18. Notice. All notices required under this agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid to the addresses of the parties set forth herein. All notices so given shall be considered effective seventy -two (72) hours after deposit in the United States Mail with the proper addresses as set forth 5 ■ �fll�l�li� 'Y��I�I���f�l��fl.l�h�'�I�� lull Re .tpi.ian1: 756941 10/08/2008 03:16:25 Rl Jean P[eorico 6 of 16 fi&o Fce: $0.00 Dcv Fa0:0.80 GRRFTELD COUNTY CO below. Any party, by notice so given, may change the address to which future notices shall be sent. Notice to BOCC: Notice to Sweetwater: Board of County Commissioners Attn: County Manager 108 8th Street, Suite 213 Glenwood Springs, CO 51601 Phone: (9'/0) 945 -5004 Fax: (970) 945 -7785 William Stephens Registered Agent Sweetwater Community Club 0600 Sweetwater Rd. Gypsum, CO 81637 g•t•� OF e0 TY COMMISSIONERS OF a • 'FIE Ca TY, • aORADO ATTEST: Ch Dated: SWEETW By: r►x' . r ...s Orint Name and Tit1eFQ -. A,6# Dated: T:\HyFilen \AGREE \Sxeetwater Community Club 09- 17- 06.wpd 6 ;/ PQ III 141'11i ' ,4I LV MHi .144t141140.IINII lh Raceptiontt: 755941 fo10a12009 09:18:25 API Joan Albarieo 7 of 16 Roo Fee-$'0-00 Ooo Fee:0,00 GRRFTELO COUNTY CO SCOPE OF SERVICES - EXHIBIT A 1. Garfield County Responsibilities. a. The BOCC shall consider appropriation of twenty nine thousand dollars ($29,000) to assist Sweetwater in the construction of a Fire Services Protection Center, including necessary foundation construction. Additionally, the BOCC shall consider appropriation of an amount not to exceed ten thousand dollars ($10,000.00) to pay for all cost of surveyors, civil engineers, architects, and soil engineers needed to design and construct the subject building. If the BOCC appropriates the funds set forth above it shall pay the sum of five thousand ($5,000) to Sweetwater upon transfer of the easement set forth in Paragraph 2e below, the form of which is attached as Exhibit C. The remaining twenty four thousand dollars ($24,000) direct payment to Sweetwater shall be paid within thirty days of the BOCC's receipt of an awarded contract between Sweetwater and the contractor selected to construct the subject building as well as any contract or agreement obligating Sweetwater to construct the foundation for the subject building. If the BOCC rejects the contract and plans submitted for the subject building as inadequate within thirty days of receipt, no transfer of the remaining twenty four thousand dollars ($24,000) shall occur, and the subject contract shall be terminated. The BOCC shall pay the cost of surveying, engineering, and design within thirty days of receipt of invoice from the subject professional service provider to the point where the contract is completed, terminated, or not awarded. b. As part of this Agreement, the BOCC shall waive all fees for building permits, certificates of occupancy, excavation permits, and any fees, incurred to obtain appropriate land use approvals. 2. Sweetwater R sponsibilit es. a. Sweetwater shall be solely responsible for the design and construction of a Sweetwater Community Club/Fire Protection services Building. 1 I1 I1III.FI Y'IMH1 INN ff r!iiifin YU IC 1111 IIII Reception*: 755943 WOG/2606 09:48:25 Offl Jews Alberioo 8 of 18 Rem Fce:10.0O Dem f•ge:0.88 GRRF1EL1 COUNTY Co b. The Sweetwater Community Club/ Fire Protection services Building that is the subject of this Agreement shall contain approximately 1200 square feet of covered and protected space designed to provide housing and maintenance areas for at least one piece of fire protection equipment adequate to service the Sweetwater area. c. Prior to initiating construction of the above referenced structure, Sweetwater shall obtain all necessary building, excavation and land use permits required by Garfield County for the purpose of erecting the subject structure and utilizing the property for the purposes anticipated for that structure. d. •Subsequent to occupancy of the structure referenced above, Sweetwater shall occupy the building constructed pursuant to this Agreement solely and exclusively for fire protection purposes. Sweetwater may contract with or permit others to utilize the subject structure for fire protection purposes. e. Prior to transfer of the initial five thousand dollars ($5,000) referenced in paragraph I above, Sweetwater shall execute and deliver to the BOCC an easement deed in the form set forth in Exhibit C attached hereto. The purpose of the easement shall permit the BOCC to utilize the subject property for a road and bridge staging area needed for the Sweetwater area and for no other purpose. 3. gemedies. a. Should the BOCC fail to fulfil its obligations as set forth herein, Sweetwater may terminate this agreement forthwith, undertaking no further responsibilities for erection of the subject building or provision of fire protection services'. Additionally, if the BOCC fails to fulfil its responsibilities in regard to its own use of the subject property and also interferes with Sweetwater through that use, Sweetwater shall be entitled, upon sixty (60) days written notice to the BOCC, to seek rescission of the easement that is transferred as part of this agreement. Sx)dbit A to Agreement for Fire Protection Services Center • Sweetwater 2 1111 R1 Fiti lNI ,V,1 1, +a 1 II1;I•11 1I kl1 - Recepptionl 76941 10/08120ee e9:16;25 AM Jean Aitwriee s of 10 Roo Fee:i17•CO Pvv Foe:0.0o GFiRFFELO CO11K(Y CO b. Should Sweetwater fail to utilize the structure that is the subject of this Agreement for a period of six months after receipt of certificate of occupancy or if it should commence use of the subject structure for fire protection purposes and then cease such use for a period of six months, the BOCC shall be entitled to extend its use of the subject property of the building, utilizing the building as part of a road and bridge staging area. Upon commencement of the use of this subject building pursuant to this provision, Sweetwater may retake possession of the building solely upon demonstration that fire protection services are available and will utilize the subject structure. Additionally, should Sweetwater fail to enter into a contract for construction of the subject structure, the BOCC should be entitled to retain the easement for use of the subject property for a road and bridge staging area and also be entitled to return of all funds tendered to Sweetwater for purposes of building construction. Exhibit A to Agreement for Fire Protection Service/1 Center - Sweetwater 3 - DEC 2 319T �p C k. . -- -� ' IADUK48 1 rht 499 $yenrdoS e.`.. —� � f � eoe�.sY " 1i. t boss. ageeptio. It, t it " { �'� � um li[Il�T 1t[ Protection fox Tice . it-25-7s f ,. ' /.. C F7 ' yYOtelCCion $etvicee c$rittf $VeaCwatcY 7E 'pR, r l'CL'IfL13 �� ewe 4 t .t - iu +. it EAGLE COUKT'Y�SCADDI t tl157RICT RE SDJ, within the County Li if i of Eagle, State of•Olorsdo, for. the consideration of Ten WOAD) Dollars, in hand gaid,•and other valuable consideration ' Firstly OitC1'ailfis to SWEETVAT €R COMMUNITY CU!B, County of Eagle. State of Colorado, the folIawipg.described property in the County-of Eagle and State of calaredo, to -Nits A tract of 1a19d situate in the 5½E¼; Section 23, ToWnship 3 South, Rang 6Sb estrofbtherrss 6th P.A. and more folly Beginning at a point on the north line the h corner o said Se 23; ction 23bearsc ! South 3go 29` E 170:4S ongteharpite nt 314.E5 feet along the earth of the said S1/4REls to the Northeast corner of the Bernadine Clausen Tract; thence South 200.57-feet along -- the East Line of the Bernadine Clleusen7Eract; thence East 125.07 feet. 36` East. 192.41 feet; thence North 160.6 feet to the point of B be inning, containing-0.41 acres. more or less. with all the appertehhfNe's. c1ED this l %-day of December, 1975; R C A STATE Of CoLDRAL° 1 ss. County of Eag1 e ) • Tha• ferrgoing.iosxrugaeat•x eclnoWlbdgged. befnre.me•. this" day' of December, 1-915, by FRED COLLE'iT es 011E516E10 end ERiiEST CHAVEZ as SECRETARY of EAGLE COUNTY SCHOOL 01S1RI0 RE 5nJ. 'Witness ny hand and official seal. Ay Commi ss on expires. • • • '';11';i4 C; :• .Wa.:4. - B ary c n an for a Ste a o Colorado. EAGLE COUNTY SCh LLDISTRICT RE SO. -=rte PRESIDENT /'' 1i, C [ "k w C` 1 F ti " Txhibie B agre'emarit for Fire Protection Cervices center -,svffebater EXHIBIT i i 11 lielgritARgitliVililfrdef.P.KON 100 Receptlonti: 156941 le/canoes 459:58:25 Alt Joan P 'bar iee 11 01 i6 RAC Fe.:S.0.00 Dc,c Fee:0.00 GARFIELD COUNTY C0 EASEMENT AGREEMENT FOR USE OF PROPERTY THIS EASEMENT is effective the _ day of 2008, and is by and between the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUN'T'Y, STATE OF COLORADO (Grantee"), whose address is 108 5 Street, Suite 213, Glenwood Springs, Colorado 81601 and SWEETWATER COMMUNITY CLUB, INC. 0600 Sweetwater Road, Gypsum, Colorado B1637 ('Grantor "). A. Grantor is the owner of certain real property fully described in the copy of the deed attached hereto as Exhibit 1. B. Grantee is a governmental entity and subdivision of the State of Colorado responsible for the maintenance of the Garfield County Road System, which system includes Sweetwater Road, otherwise known as County Road No. 150. C. Grantee has requested and Grantor desires to grant Grantee, its successors and assigns, an easement for use of the property described in Exhibit A attached hereto under the terms and conditions contained herein. NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor grants an easement t•o Grantee under the following terms and conditions: 1. gasgment. Grantor hereby grants to Grantee a perpetual easement for use of all of the property described in Exhibit A hereto, excluding those portions of the property to be utilized for erection of a fire protection services center and the Sweetwater Community Club. 2. Use of Easemet by G 4ntee . The easement granted herein shall be used solely and exclusively by Grantee for a Road and Bridge maintenance staging area. The use pursuant to this easement shall extend to the fire protection services center upon a demonstration that the Grantor has failed to utilize that structure for fire protection purposes for a period of six (6) months from day of issuance of certificate of occupancy or fails to use it for fire protection purposes for any six (6) month period after it has initially commenced such use. The rights granted to the Grantee pursuant to this easement Shall not permit the Grantee to interfere in any manner with the Grantor's use of the subject property for fire protection purposes or Community Club purposes. Grantee shall EXHIBIT a Mg Pit IN !I 111 Reception#: 7sss41 nnew2Des 09 :18:25 AM Jaen Alberico 52 of 16 ROC Fee:$0.00 Doc Fea:0.00 GMFIELD COUNTY CO in no event interfere with Grantor's use of the property for those purposes, including any accessory use for parking or public access. Additionally, Grantee shall not install any obstructions or buildings of a permanent nature on the subject property. in the event of erection of any obstruction or encroachment on the subject property by Grantee, Grantee understands and agrees that such obstruction or encroachment may be removed by Grantor at Grantee's cost and that Grantor shall have no responsibility or liability for any damage or destruction thereto. Additionally, Grantor agrees that it will not interfere with Grantee's use of the subject property as set forth herein, nor will it permit others to interfere with Grantee's use of the property for Road and Bridge maintenance staging purposes. 3. B n• A•.reeR ;e • r• • This easement is binding upon the parties hereto, their successors and assigns. This Agreement shall be recorded with the Eagle County Clerk and Recorder, the Garfield County Clerk and Recorder, and shall impose an easement and covenants running with the land upon Grantor's Property. 4, Governing I,aw; Venue; _Attorneys` Fees. ' This easement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this easement shall be in Eagle County, Colorado and Garfield County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this easement or the rights and obligations of the parties hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorneys' fees. 5. Authorization of signatures. Grantor acknowledges and represents to Grantee that all procedures necessary to validly contract and execute this easement have been performed and that the person signing has been duly authorized to do so. Easement Agreement for use of property -2D06 sweetweter CommsM ty Club 2 ■�l lllti'1. `I II.i�,41E�P �kr�; iW� �l�i 9�i 1�`M!�! lI1 IHII Recapt Sons} : 756941 sels9l20os 09:111:26 Al Joan Alberic0 13 n1 16 Pam Fra;SO -00 Doc Fee; 0.09 GRRF1EL0 CQUN1Y CO Executed the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Clerk to the Board Chairman Dated: ATTEST: SWEETWATER COMMUNITY CLUB STATE OF COLORADO ) se. COUNTY OF GARFIELD By: 'Print Name and T1t1Q1 Dated: The foregoing instrument was acknowledged before me this day of 2008, by John Martin as Chairman of the Board of County Commissioners, and Jean Alberico as Clerk of the Board. WITNESS my hand and official seal. My commission expires: Notary Public Address of Notary Easement Agreement for vse of property -2008 Sweetwater Community Club 3 i ■IIl I ILE 4',Y IA Nu1 M IONVG IVI E III I Receptidnfl: 756941 lefeei20ns 04:18:2b nn 3U.n Albericc 14 of 10 Rac F4o:50.00 Chao Fee:0,00 GRRF7ELD COtlp{TY CO STATE OF COLORADO COUNTY OF a S8. The foregoing instrument was acknowledged before me this day of , 2008, by - , of the Sweetwater Community Club. WITNESS my hand and official seal. My commission expires: as Notary Public Address of Notary Basement Agreement tor use of Property -2008 Sweetwater Community Club 4 Racnrded. a:... 47.7. .o'o o}... .e.., K u .. l; r i .. aW)R481 or.E or. 499 .i 1 is } puaxe.'F.secYier aeeagLLo* >To. { f j 1 p S A ., r I.L -73 '75 a o , Y. vgLAT1i 'DEEDI! a 0 2 EAGLE COUNTY SGHOpLIDIS RIOT RE 64, within the County g of Eagle, State af3 ,4ot- grade, for the consideration of Ten i (S10.00) Dollars, In hand paid. and other valuable consideration ire r to SWEETWATER COMMUNITY CLUB, County of 11. 72 Hereby � Nittlaims Ali Eagle. State of Colorado, the following described property R m m in the County of Eagle and State of Colorado. to -wit: A tract of land situate in the SsiEk; Section 23, Township 3 South, Range 81 Nest of the 5th P.K. and more fully described as follows: Beginning at a point on the north Tine the said StINEk, said Section 23. whence the East corner of said Section 23 bears South 380 29' C 1743.45 feet; thence North 880 35' W 314.55 feet along the north line of the said SsiNE4 to the Northeast corner of the Bernadine Clausen Tract; thence South 200.57 feet along the East line of the Bernadine Clausen Tract; thence East 125.07 feet; thence North 790 36' East 192.41 feet: thenceeNNorth rthi160.54ffeet to the point of beginning, acres, more or less. with all the appurtenrites. "- EAGLE COUNTY SCilo.S L. PISTRICT RE 50.1 f:r•= BY: e PRESIDENT STATE OF COLORADO ) ) as. County of Eagle j The forrgaing.i.nstrwaenl-u dsknoW edged before.ame. and ER STyCHAYEL as SECRETARY of EAGLEECOUNTYtSCHOOL PDISTRICT . RE 503. Witness my hand and official seah i My Cnramissian expires: .. "I6,;n46. a • ; '❑ ary P i c in an' or t e State o ■` i Colorado. l� Mt or EXHIBIT i Reeeppt 1pogn #: 756941 IS of 16 Roc Fee-S0,00 DocaFeayI.ma GRRY IELO CUtN:TY CD BOARD OF COUNTY COUMI$3IONERS OE GARFIELD COUNTY CERTIFICATION AND AFFIDAVIT REGARDING ILLEGAL ALIXNB The Contractor, whose name and signature appearu below, certifies and agrees as follows: 1. The Contractor shall comp).y with the provisions of C.R.S. 8-17.5 -141 at seq. The Contractorr shall not knowingly employ or contract with an illegal alien to perform work fox the Board of County Commissioners of Garfield County, Colorado { "SOCC ") or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. - 2. The Contractor represents, warrants, and agrees that it has confirmed the.employment eligibility of all employees who are newly hired for employment to perform work under this public contract for Services through participation in either the 8- Verify Program-or the Department'Program and otherwise shall comply with the requirements of C.R.S. 8- 17.5- 102(2)lb). 3. The Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8 -17.5 -102 by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or C.R.P. 8- 17.5 -101 at seq., the 3OCC may terminate work fox breach and the Contractor shall be liable for actual and consequential damages to the State. 4. If the Contractor is a sole proprietor, the undersigned hereby swears or affirms under penalty of perjury under the laws of the State of Colorado that (Check one y s I alit a united States citizen, or I am a Permanent Resident of the United States, or X am lawfully present in, the United States pursuant to Federal law. I understand that this sworn statement is required by law because I an a sole proprietor entering into a contract to perform work for the BOCC. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to starting work for the BOCC. . 1 further acknowledge that I will comply with the requirements of C.R.S. 24- 76.5 -101 et seq, and will produce the required form of identification prior to starting work I acknowledge that making a false, fictitious, or fraudulent statement or representation in this swoxn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under C.R.B. 18 -8 -503. CERTIF/ED and AGREED to this day of , 200' CONTRACTOR s -{(, 7..ivic1146 L.141 1 c P Cj — 1 J :- f,�. -7 Contractor Full Legs, Nam ) FEIN or FEIN Securkty Number Bye `� .0�/!.` Pt Signature of orize Rep Title to Ts palion Affidavit (07A".18) EXSIDIT ?