HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1048 WATER CONSERVATION PLAN (5)FortCollins
c)
November 3, 2009
Aquacraft, Inc.
Attn: Mr. Peter Mayer
2709 Pine Street
Boulder, CO 80302
RE: Renewal, P1048 Water Conservation Plan
Dear Mr. Mayer:
RECEIVED
Financial Services
Purchasing Division
215 North Mason Street
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707 - fax
fcgov.com/Purchasing
The City of Fort Collins wishes to extend the agreement term for the above captioned proposal per the
existing terms and conditions and the following:
1) Prohibition Against Employing Illegal 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.
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 contracts 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.
Rev 06/2009
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.
2) Amendment 54. To the extent that this Agreement may constitute a "sole source
government contract" within the meaning of Section 2(14.4) of Article XXVIII of the
constitution of the State of Colorado, about which the City makes no representation,
Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this
Agreement and made a part hereof:
a. Section 15. Because of a presumption of impropriety between contributions to
any campaign and sole source government contracts, contract holders shall
contractually agree, for the duration of the contract and for two years thereafter, to cease
making, causing to be made, or inducing by any means, a contribution, directly or
indirectly, on behalf of the contract holder or on behalf of his or her immediate family
member and for the benefit of any political party or for the benefit of any candidate for
any elected office of the state (of Colorado) or any of its political subdivisions.
The term will be extended for one (1) additional year, December 13, 2009 through December 12, 2010.
If the renewal is acceptable to your firm, please sign this letter in the space provided include a current
copy of insurance naming the City as an additional insured and return all documents to the City of Fort
Collins, Purchasing Division, P. O. Box 580, Fort Collins, CO 80522, within the next fifteen days.
If this extension is not agreeable with your firm, we ask that you send us a written notice stating that
you do not wish to renew the contract and state the reason for non -renewal.
Please contact Opal F. Dick, CPPO, Senior Buyer at (970) 221-6778 if you have any questions
regarding this matter.
Sincerely,
J es �O'N ll, CPPO, FNIGP
Dir of Purchasing and Risk Managgenent
S
ItIlyle-J141
Date
(Please indicate your desire to renew P1048 by signing this letter and returning it to Purchasing
Division within the next fifteen days.)
JBO:jkb
Rev 06/2009