HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1142 LIBRARY FACILITIES MASTER PLAN (3)11/02/2008 22:52 19142712434 AARON COHEN ASSOC PAGE 01/03
AARON COI4EN ASSOCIATES LTD
Tel: (914) 271-8170
159 Teatown Road Fax, (914) 271-2434
Croton -on -Hudson, NY 10520 E-mail: aca2008Qacohen.com
httP://wwwacohen.com
November 4, 2008
Mr. John Stephen, CPPO, CPPB
Senior Buyer
City of Fort Collins
Purchasing Department
215 N. Mason, 2" Floor
Fort Collins, CO 80524
Subject: P1142 Library Facilities Master Plan Agreement
Dear Mr. Stephen:
On November 3, 2008, we submitted by UPS three copies of the agreement for the above
referenced project, which we duly signed and sealed. After sending it, we noted that we
inadvertently left out the paragraph labeled "Binding Effect."
This fax contains pages 4 and 5 to be inserted into the three copies of the agreement that you
have, please discard the old pages 4 and 5. In the new pages, "Binding Effect" becomes number
13. "Law/Severability", number 14 and "Prohibition Against Employing Illegal Aliens", number 15,
Sincerely;
i
C_s=Ale'x Cohen, MLS
11/02/2008 22:52 19142712434 AARON COHEN ASSOC PACE 02/03
terms of this agreement, such party may be declared in default.
12• Remedies. In the event a art has been declared in default, such defaulting Party
be allowed a period of ten (10) days within which to cure said default. In the event the default aema rerty mains
uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b)
treat the Agreement as continuing and require specific performance; or (c) avail himself of any other
remedy at law or equi the non -defaulting party commences legal or equitable actions against the
defaulting pa defaulting part7cOs
l be liable to the non-defaulting
party for the non -defaulting
partYs reasonable attorney fees anincurred because of the default.
13• Binding Effect, This wrttin , together with the exhibits hereto, constitutes the entire
cement between the parties and shall a binding upon said parties, their officers, employees, agents
assigns and shall inure to the benefit of the respective survivors, heirs personal representatives,
essors and assigns of said o- roes
;awiseverability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding
shall not invalidate or render unenforceable any other provision of this Agreement.
15. ProhibitionAaafnst E,.-_ mnloving Illegal Aliens. Prohibition Actainst Emnlovinc fllanat
Aliens, Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that:
a• As of the date of this Agreement
1. Professional does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2, Professional will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland
Security (the "e-Verify Program") or the Department Program (the "Department
Program"), an employment verification program established pursuant to Section 8-
17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
Stand8rd Proreasional Services Agreement- rev0710
11/02/2008 22:52 19142712434 AARON COHEN ASSOC PAGE 03/03
b. Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Professional is prohibited from using the e-Verify Program or Department Program
Procedures to undertake pre -employment screening of job applicants while this Agreement is
being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or cohtracts with an illegal alien, Professional shall:
1. Notify such subcontractor and the City within three days that Professional has
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 this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Professional 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. Professional shall comply with any reasonable request by the Colorado Department of
Labor and Employment (the "Department") made in the course of an investigation that the
Department undertakes or is undertaking pursuant to the authority established in Subsection
8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
Standard PrOfesslOnel SWOes Agreement- rev0710
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