HomeMy WebLinkAbout20151167.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN-ERP RISK ADVISORS
WHEREAS,the Board of County Commissioners of Weld County,Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County,Colorado,and
WHEREAS, the Board has been presented with a Professional Services Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Information Technology, and
ERP Risk Advisors, commencing upon execution of signature, and ending July 31, 2015, with
further terms and conditions being as stated in said agreement,and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Professional Services Agreement between the County of Weld,State
of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the
Department of Information Technology,and ERP Risk Advisors be,and hereby is,approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,adopted
by the following vote on the 27th day of April,A.D.,2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY,COL RADO
ATTEST: C �/ A!C
�• �CLto,r� arbara Kirkmeye Chair
Weld County Clerk to the Board
401j4.11.,o
Mike Freeman, Pro-Tem
BY.
Deity Clerk to he Board',
.�,► �� an P.Con y
APPROVES AS TO FORM: ism t
JIG ''st` 1r, e A ozad
County Attorney
Steve Moreno
Date of signature: 6h2_...�
OC: tkn-Lf 6/P.
2015-1167
IT0003
MEMORANDUM
TO: Weld County BOCC April 13`h 2015AM' FROM: Ryan Rose, Chief Information Officer 0nnh
SUBJECT: ERP Risk Advisors
Weld County IT is requesting approval to proceed with the attached agreement between ERP
Risk Advisors and Weld County. The Weld County attorney has reviewed the agreement and
approves. An additional SOW will be created to outline the tasks associated with the
engagement.
We respectfully request the BOCC sign the agreement authorizing Weld County IT to engage in
the SOW with ERP Risk Advisors.
2015-1167
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY& ERP RISK ADVISORS
THIS AGREEMENT ("Agreement") is made and entered into this 6 day of
Apr' , 201 S . by and between the County of Weld, a body corporate and politic of the
State of Colorado,by and through its Board of County Commissioners,whose address is 1150"0"
Street, Greeley, Colorado 80631 hereinafter referred to as "County," and ERP Risk Advisors
(ERPRA),with its principal place of business at 209 N 52"d Ave, Greeley, CO 80634 hereinafter
referred to as"ERPRA."
WHEREAS, County has requested ERPRA to perform certain professional services
("Services"), and ERPRA hereby agrees to perform such Services on the terms set forth in this
Agreement,
WHEREAS, ERPRA is authorized to do business in the State of Colorado and has the
time,skill,expertise,and experience necessary to provide the services as set forth below;and,
NOW THEREFORE, County agrees to acquire from ERPRA, and ERPRA agrees to
provide to County,the services as set forth below:
1. INTRODUCTION
The terms of this Agreement are specified in the terms of this document and in the attached
Statement of Work("'SOW"). County has previously discussed with ERPRA the services that are
to be provided and County's expectations of the service to be performed, relative to the software
and hardware environment of the County. The terms of this Agreement are specified in this
document and in the SOW, which is an integral part of this Agreement, is referred to herein,and
is attached hereto and made a part hereof.
2. SERVICE
2.1 Service:ERPRA agrees to procure the materials,equipment and/or products necessary for
the project and agrees to diligently provide all services, labor, personnel and materials necessary
to perform and complete the project described in the SOW. ERPRA shall coordinate with Weld
County to perform the services described. ERPRA shall faithfully perform the work in accordance
with the standards of professional care, skill,training,diligence and judgment provided by highly
competent contractors performing services of a similar nature to those described in this Agreement.
ERPRA shall further be responsible for the timely completion of the project, and acknowledges
that a failure to comply with the standards and requirements of the SOW within the time limits
prescribed by County may result in County's decision to terminate this Agreement. ERPRA shall
provide to County the services(the "services")as set forth herein and as described in one or more
statements of work (each a "SOW") that ERPRA and County may enter into. Any changes or
modifications to the SOW of any nature shall be made in writing and be authorized by both parries
prior to the commencement of any such changes, additions, deletions, or modifications to the
SOW.
c L/5 //G'7
2.2 Obligations of ERPRA: ERPRA shall provide personnel and other resources in such
commercially reasonable quantities as may be necessary for ERPRA to fulfill its obligations
hereunder. ERPRA shall perform Services in accordance with the specifications set forth in the
applicable SOW. ERPRA shall designate a point of contact, identified in the SOW,who shall be
the primary contact with respect to ERPRA's performance under the Agreement. ERPRA shall
give County prompt notice of any errors in information provided by County or unsatisfactory
performance by County of its obligations, in order to permit County to take corrective action with
respect thereto.
2.3 Obligations of County: County shall cooperate with ERPRA as necessary to permit
orderly and proper performance of the Services.Such cooperation shall include,but not be limited
to: (a) timely access to and provision of facilities, equipment and personnel to be provided by
County;and(b)provision of appropriate test environments,hardware configurations,networking,
properly licensed software and software version levels as may be reasonably necessary for the
performance of the Services.County shall designate a point of contact,identified in the SOW,who
shall be the primary contact with respect to County's performance under the Agreement. County
shall give ERPRA prompt notice of any errors in information provided by ERPRA or
unsatisfactory performance by ERPRA of its obligations, in order to permit ERPRA to take
corrective action with respect thereto.County shall be responsible for proper system management.
County shall notify ERPRA of any changes in County's system, hardware or software that may
affect Services provided by ERPRA.
3. TERM
3.1 Term: The term of this Agreement begins upon the date of the execution of this Agreement
by County, and shall continue through and until ERPRA's completion of the responsibilities
ill (l described in the SOW. In any event,the project will be completed in full,and the work will cease,
N . " 1 by May—1O,2015. Both of the parties to this Agreement understand and agree that the laws of the
j 7 State of Colorado prohibit County from entering into Agreements which bind County for periods
longer than one year.
3.2 Termination for Convenience: Either party has the right to terminate this Agreement,
with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the Agreement.
However,nothing herein shall be construed as giving ERPRA the right to provide services under
this Agreement beyond the time when such services become unsatisfactory to the County. Upon
termination, both parties shall be relieved from any further obligations to one another under this
Agreement.
3.3 Extension or Modification: Any amendments or modifications to this agreement shall be
in writing signed by both parties. No additional services or work performed by ERPRA shall be
the basis for additional compensation unless and until ERPRA has obtained written authorization
and acknowledgement by County for such additional services.
4. COMPENSATION
4.1 No Compensation: No financial compensation will be paid by the County to ERPRA.
The services outlined in this Agreement and SOW are being provided free of charge. ERPRA has
agreed to provide up to 120 hours of service for no fee. 'The expected time commitment for this
project shall be 40 hours. The County shall not provide compensation for any work done in excess
of this expected project time.
4.2 Funding: Notwithstanding anything to the contrary contained in this Agreement,County
shall have no obligations under this Agreement after, nor shall any payments be made to ERPRA
in respect of any period after December 31 of any year, without an appropriation therefore by
County in accordance with a budget adopted by the Board of County Commissioners in
compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government
Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution,
Article X,Sec.20).
5. PROPERTY RIGHTS AND CONFIDENTIALITY
5.1 Ownership: The work product designed and developed in performance of a SOW under
this Agreement may include software, data, modules, components, designs, utilities, subsets,
objects,program listings,tools,models,methodologies,programs, systems, analysis frameworks
and specifications and other materials (the "Deliverables"). In addition to any custom designed
Deliverables, SOWs may specify that ERPRA purchase and/or install third party software,
hardware,or other items("Third Party Products"), Except for Preexisting Works and Third Party
Products, and except as otherwise expressly stated in any Statements of Work, ERPRA hereby
assigns and County shall own any and all rights,title and interest, including, without limitation,
copyrights,trade secrets and proprietary rights, in and to any Deliverables developed or prepared
specifically for County hereunder. Except for Preexisting Works and Third Party Products, and
except as otherwise expressly stated in any Statements of Work, the Deliverables developed
specifically for County hereunder shall be deemed to be "works made for hire" under the federal
copyright laws.All work and information obtained by ERPRA under this Agreement or individual
work order shall become or remain(as applicable),the property of County.In addition,all reports,
documents, data,plans,drawings,records and computer files generated by ERPRA in relation to
this Agreement and all reports, test results and all other tangible materials obtained and/or
produced in connection with the performance of this Agreement,whether or not such materials are
in completed form, shall at all times be considered the property of the County. ERPRA shall not
make use of such material for purposes other than in connection with this Agreement without prior
written approval of County.
5.2 Preexisting Works: Notwithstanding the foregoing, the Deliverables may also include
data, modules, components, designs, utilities, subsets, objects, program listings, tools, models,
methodologies, programs, systems, analysis frameworks, leading or best practices and
specifications owned or developed by ERPRA prior to, or independently from, its engagement
hereunder("Preexisting Works") and ERPRA retains all rights thereto. ERPRA hereby grants to
County a non-exclusive, perpetual, nontransferable royalty-free license to use the Preexisting
Works solely for the purpose of operating or modifying the Deliverables for its own internal
business purposes.
5.3 Know How and Technical Elements: ERPRA retains the right to use its knowledge,
experience,and know-how, including processes, ideas, concepts and techniques developed in the
course of performing the Services. ERPRA shall be free to perform similar services for its other
clients using its general knowledge,skills and experience but agrees to exclude any data,data sets,
customized scripts and any personally identifiable information associated to the County and its
citizens.
5.4 Third Party Products: ERPRA sells Third Party Products to County and County
purchases or licenses Third Party Products from ERPRA "as is" and "with all faults". County
hereby acknowledges that ERPRA is not a manufacturer of such Third Party Products,nor an agent
thereof. ERPRA HAS NOT MADE, DOES NOT MAKE, ANT) HEREBY DISCLAIMS ANY
REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH
RESPECT TO THIRD PARTY PRODUCTS INCLUDING, BUT NOT LIMITED TO, THEIR
DESIGN, CAPACITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR USE OR
FOR ANY PARTICULAR PURPOSE.
5.5 Confidentiality: "Confidential Information" includes,but is not limited to,all proprietary
and confidential information accessed or disclosed by one party to the other party, whether in
writing,machine-readable form,or orally,including,but not limited to,source code,trade secrets,
prospects, clients, vendors, finances and other business information. Both parties shall treat such
Confidential Information as confidential and use the same degree of care as it employs in the
protection of its own confidential information, but in no event less than a reasonable degree of
care. Both parties will only use the Confidential Information in connection with its business
dealings with each other pursuant to this Agreement and shall not disclose Confidential
Information unless required to do so by law. All information that is accessed, created,modified,
or utilized during this project shall remain confidential to the extent permitted by law. This
includes all documents,files,reports,oral and written statements,and other information regardless
of the format. Any results of the project shall remain confidential and may not be released by
ERPRA without prior written consent of the County. County shall at all times maintain ownership
of the data,documents, files,and other information reviewed for this project. Upon completion of
the project ERPRA shall return to County or destroy any data, documents, reports, files,or other
information that was reviewed or prepared as part of the project. To the extent permitted by law,
no information regarding this project shall be released without the prior written consent of the
County. ERPRA shall not publish,distribute, or disclose any of the information that is reviewed
or the results that are produced as a result of this project. This includes any extrapolations based
on the review of information for this project. County retains the sole right to disclose the results
and findings of this project. ERPRA agrees not to sell, assign, distribute, or disclose any such
confidential information to any other person or entity without obtaining written permission from
the County. ERPRA agrees to advise its employees, agents, and consultants, of the confidential
and proprietary nature of this confidential information and of the restrictions imposed by this
agreement. In the event a receiving party becomes legally compelled to disclose all or part of the
Confidential Information of the disclosing party, the receiving party shall promptly notify the
disclosing party of same prior to releasing the information. Confidential information of ERPRA
should be transmitted separately from the main submittal,clearly denoting in red on the financial
information at the top the word,"CONFIDENTIAL."
6. WARRANTY
6.1 Authority: Each party represents and warrants that it has the full right, power and
authority necessary to enter into this Agreement and to grant the rights contained herein and that
by entering into this Agreement it will not breach or violate any provisions of any other agreement
to which it is bound.
6.2 Performance: ERPRA warrants that it will perform the Services using reasonable care
and skill and in a workmanlike manner consistent with industry standards, subject to the County
performing all obligations contained herein. At the time of acceptance, the Deliverables are
warranted to substantially conform to the SOW and any functional specifications set forth in the
SOW.
6.3 Information: County represents and warrants that it owns all right,title and interest in and
to, or has full and sufficient right and authority to use the information, data and materials it
provides to ERPRA in connection with ERPRA's performance of the Services described in a SOW.
7. INDEMNIFICATION
ERPRA shall defend, indemnify and hold harmless County, its officers, agents, and employees,
from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of
ERPRA,or claims of any type or character arising out of the work done in fulfillment of the terms
of this Contract or on account of any act, claim or amount arising or recovered under workers'
compensation law or arising out of the failure of ERPRA to conform to any statutes,ordinances,
regulation,law or court decree.ERPRA shall be fully responsible and liable for any and all injuries
or damage received or sustained by any person,persons,or property on account of its performance
under this Agreement or its failure to comply with the provisions of the Agreement,or on account
of or in consequence of neglect of ERPRA in its methods or procedures;or in its provisions of the
materials required herein,or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive
expiration or termination hereof. A failure to comply with this provision shall result in County's
right to immediately terminate this Agreement.
S. INDEPENDENT CONTRACTOR AND SUBCONTRACTORS
8.1 Independent Contractor: ERPRA shall perform its duties hereunder as an independent
contractor and not as an employee. ERPRA shall be solely responsible for its acts and those of its
agents and employees for all acts performed pursuant to this Agreement.Neither ERPRA nor any
agent or employee of ERPRA shall be deemed to be an agent or employee of County. ERPRA and
its employees and agents are not entitled to unemployment insurance or workers' compensation
benefits through Weld County and County shall not pay for or otherwise provide such coverage
for ERPRA or any of its agents or employees. Unemployment insurance benefits will be available
to ERPRA and its employees and agents only if such coverage is made available by ERPRA or a
third party. ERPRA shall pay when due all applicable employment taxes and income taxes and
local head taxes (if applicable) incurred pursuant to this Agreement. ERPRA shall not have
authorization, express or implied, to bind County to any agreement, liability or understanding,
except as expressly set forth in this Agreement. ERPRA shall have the following responsibilities
with regard to workers' compensation and unemployment compensation insurance matters: (a)
provide and keep in force workers' compensation and unemployment compensation insurance in
the amounts required by law and (b) provide proof thereof when requested to do so by County.
ERPRA is an independent contractor in the performance of the Services under this Agreement.
ERPRA may utilize subcontractors to provide the Services pursuant to this Agreement,provided
that ERPRA shall remain liable for the performance of such subcontractors. Nothing in this
Agreement or any SOW shall be deemed to create an employment, partnership or joint venture
relationship between County and ERPRA or between County and any ERPRA Employee. In its
capacity as an independent contractor,ERPRA has the right to perform services for others during
the term of this Agreement.
8.2 Subcontractors: ERPRA acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of ERPRA. ERPRA shall not enter into any
subcontractor agreements for the performance of this Agreement without County's prior written
consent,which may be withheld in County's sole discretion. County shall have the right(but not
the obligation) to enforce the provisions of this Agreement against any subcontractor hired by
ERPRA and ERPRA shall cooperate in such process. ERPRA shall be responsible for the acts and
omissions of its agents, employees and subcontractors.
9. GENERAL
9.1. Waiver,Amendment or Modification: Any waiver,amendment,or modification of any
of the provisions of this Agreement or of any right, power or remedy hereunder shall not be
effective unless made in writing and signed by the parties. No failure or delay by either party in
exercising any right, power or remedy with respect to any of its rights hereunder shall operate as
a waiver thereof in the future.
9.2 Choice of Forum: The parties agree that Weld County,Colorado shall be the proper forum
for any action brought under this Agreement.
9.3 Attorney Fees: In the event an action, is brought to enforce any provision of this
Agreement,neither party shall be entitled to recover legal costs,or attorney fees,in addition to any
other amounts recovered.
9.4 Limitation on Actions: No actions,regardless of form,arising from the transactions under
this Agreement, may be brought by an aggrieved party hereto more than two (2) years after the
facts creating the cause of action are known to said party.
9.5 Severability: If any term, provision, or part of this Agreement is to any extent held
invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of the
Agreement shall not be impaired or affected thereby,and each remaining term,provision, or part
shall remain in full force and effect.
9.6 Survival: The terms, conditions and warranties contained in this Agreement that by their
sense and context are intended to survive the termination of this Agreement,shall so survive.
9.7 Notice: All notices or other communications(including annual maintenance made by one
party to the other concerning the terms and conditions of this contract shall be deemed delivered
under the following circumstances:
(a)personal service by a reputable courier service requiring signature for receipt;or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract;or
(c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
(d) transmission via facsimile, at the number set forth below, where a receipt or
acknowledgment is required by the sending party.
Either party may change its notice address(es)by written notice to the other.
Notification Information:
Contractor:
Name: ERPRA
Attn.: Jeff Hare
Address:209 N 52m Ave
Address:Greeley,CO 80634
E-mail: ihare:. crora.net
Facsimile:602-532-7644
County:
Name: Ryan Rose
Position:Chief Information Officer
Address: 1401 North 17° Ave
Address: Greeley,CO 80631
E-mail: rrosek weidaov_,com
Facsimile: 970-304-6572
9.8 Force Majeure: Neither party shall be in default nor liable for any failure in performance
or loss or damage under this Agreement due to any cause beyond its control.
9.9 Board of County Commissioners of Weld County Approval: This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
9.10 Taxes: County, as a governmental entity, is exempt from sales, use and other taxes or
similar governmental charges or duties which might be incurred in connection with the exercise of
the license(s) and rights granted herein to County, and therefore shall not be responsible for the
payment of any taxes.ERPRA shall he responsible for the payment of any sales,use or other taxes
incurred when it purchases products,materials or services in the fulfillment of its obligations under
this contract. ERPRA is also responsible for the payment of all taxes or charges based on the
income of ERPRA.
9.11 Acknowledgment: County and ERPRA acknowledge that each has read this Agreement,
understands it and agrees to he bound by its terms.Both parties further agree that this Agreement,
with the attached Appendices A. B,C,and D,is the complete and exclusive statement of agreement
between the parties and supersedes all proposals or prior agreements,oral or written,and any other
communications between the parties relating to the subject matter of this Agreement.
9.12 Governmental Immunity: No term or condition of this contract shall be construed or
interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
9.13 No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement,and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
9.14 Fund Availability: Financial obligations of the(Board of County Commissioners of Weld
County) payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available. By execution of this Agreement, County
does not warrant that funds will be available to fund this Agreement beyond the current fiscal year.
Further, ERPRA has agreed to provide all services related to this project free from cost.
9.15 Employee Financial Interest/Conflict of Interest.C.R.S.§§24-18-201 et seq.and §24-
50-507: The signatories to this Agreement aver that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement. ERPRA's has no interest and shall not acquire any interest direct
or indirect,which would in any manner or degree with the performance of ERPRA's services and
ERPRA shall not employ any person having such known interests. During the term of this
Agreement, ERPRA shall not engage in any in any business or personal activities or practices or
maintain any relationships which actually conflict with or in any way appear to conflict with the
full performance of its obligations under this Agreement. Failure by ERPRA to ensure compliance
with this provision may result, in Weld County's sole discretion,in immediate termination of this
Agreement. No employee of ERPRA nor any member of ERPRA family shall serve on a County
Board, committee or hold any such position which either by rule, practice or action nominates,
recommends,supervises ERPRA's operations,or authorizes funding to ERPRA.
9.16 Entire Agreement/Modifications: This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This instrument
supersedes all prior negotiation, representation, and understanding or agreements with respect to
the subject matter contained in this Agreement. This Agreement may be changed or supplemented
only by a written instrument signed by both parties.
9.17 Choice of Law:Colorado law,and rules and regulations established pursuant thereto,shall
be applied in the interpretation, execution, and enforcement of this Agreement. Any provision
included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void.
9.18 Compliance with Law: ERPRA shall strictly comply with all applicable federal and State
laws, rules and regulations in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
9.19 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by
any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
9.20 Software Piracy Prohibited: State. county or other public funds payable under this
Agreement shall not be used for the acquisition, operation or maintenance of computer software
in violation of federal copyright laws or applicable licensing restrictions. ERPRA hereby certifies
and warrants that,during the term of this Agreement and any extensions thereof,ERPRA has and
shall maintain in place appropriate systems and controls to prevent such improper use of public
funds.If Weld County determines that ERPRA is in violation of this provision,Weld County may
exercise any remedy available at law or equity or wider this Agreement, including, without
limitation, immediate termination of the Agreement and any remedy consistent with Federal
copyright laws or applicable licensing restrictions.
9.21 Examination of Records: To the extent required by law, ERPRA agrees that any duly
authorized representative of County, including the County Auditor, shall have access to and the
right to examine and audit any books, documents, papers and records of ERPRA, involving all
matters and/or transactions related to this Agreement upon reasonable notice to ERPRA and at a
time and place not disruptive to ERPRA's normal business. ERPRA agrees to maintain these
documents for three years from the completion of the project.
9.22 Non-Assignment: ERPRA may not assign or transfer this Agreement or any interest
therein or claim thereunder,without the prior written approval of County.Any attempts by ERPRA
to assign or transfer its rights hereunder without such prior approval by County shall,at the option
of County, automatically terminate this Agreement and all rights of ERPRA hereunder. Such
consent may he granted or denied at the sole and absolute discretion of County.
9.23 Public Contracts for Services C.R.S. §8-17.5-101: ERPRA certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work
under this contract. ERPRA will confirm the employment eligibility of all employees who are
newly hired for employment in the United States to perform work under this Agreement,through
participation in the E-Verify program or the State of Colorado program established pursuant to
C.R.S. §8-17.5-102(5)(c). ERPRA shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or enter into a contract with a subcontractor that fails to certify
with F.RPRA that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement. ERPRA shall not use E-Verify Program or State of Colorado
program procedures to undertake pre-employment screening or job applicants while this
Agreement is being performed. If ERPRA obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly employs or contracts with an
illegal alien ERPRA shall notify the subcontractor and County within three (3) days that
ERPRA has actual knowledge that a subcontractor is employing or contracting with an illegal
alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting
with the illegal alien within three (3) days of receiving notice. ERPRA shall not terminate the
contract if within three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. ERPRA shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to
C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If ERPRA
participates in the State of Colorado program,ERPRA shall,within twenty clays after hiring a new
employee to perform work under the contract, affirm that ERPRA has examined the legal work
status of such employee, retained file copies of the documents, and not altered or falsified the
identification documents for such employees. ERPRA shall deliver to County,a written notarized
affirmation that it.has examined the legal work status of such employee,and shall comply with all
of the other requirements of the State of Colorado program. if ERPRA fails to comply with any
requirement of this provision or of G.R.S. §8-17.5-10I et seq., County, may terminate this
Agreement for breach, and if so terminated, ERPRA shall be liable for actual and consequential
damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
ERPRA receives federal or state funds under the contract, ERPRA must confirm that any
individual natural person eighteen(18)years of age or older is lawfully present in the United States
pursuant to C.R.S. § 24-76.5-103(4),if such individual applies for public benefits provided under
the contract. if ERPRA operates as a sole proprietor,it hereby swears or affirms under penalty of
perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United
States pursuant to federal law, (b) shall produce one of the forms of identification required by
C.R.S. §24-76.5-101,et seq., and(c)shall produce one of the forms of identification required by
C.R.S. §24-76.5-103 prior to the effective date of the contract.
9,24 Right of ERPRA to Engage in Other Activities: Nothing in this Agreement will impair
ERPRA's right to acquire, license, market, distribute, develop for itself or others, or have others
develop for ERPRA similar computer services performing the same or similar functions as the
Services and Additional Services contemplated by this Agreement
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first
stated aJve.
-14-._(- _ .
By: N. . I; PF. SON SIGNING
6E0
POSITION OF PERSON SIGNING
ATTEST: ddiV4rel) .iC "'tk BOARD OF COUNTY COMMISSIONERS
Weld C. erk to the Boar WELD COUNTY, OLORADO 4
BY:. p :�1 JL/ S Barbara Kirkme er,Chair
Deputy Cl tot}(`. ,� ` APR 2 7 2015
��" � AI'pUV 'D ASi SLI' 'TANCE:......AZOVEDAS ' .t----�Ciial.a Cartiroller .� . ,lie- o ration Office
♦'`� �
APPROV D AS TO FORM
dal...,
-
County Attorney
Hello