Common use of Without Authorization Clause in Contracts

Without Authorization. The Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement. The Contractor shall not contract with a subcontractor that fails to certify that the subcontractor does not knowingly employ or contract with any workers without authorization. By entering into this Agreement, the Contractor certifies as of the date of this Agreement it does not knowingly employ or contract with a worker without authorization who will perform work under this public contract for services and that the Contractor will participate in the e-verify program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. The Contractor is prohibited from using the e-verify program to undertake pre-employment screening of job applicants while this Agreement is being performed. If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization, the Contractor shall be required to notify the subcontractor and the Town within three (3) days that the Contractor has actual knowledge that a subcontractor is employing or contracting with a worker without authorization. The Contractor shall terminate the subcontract if the subcontractor does not stop employing or contracting with the worker without authorization within three (3) days of receiving the notice regarding the Contractor’s actual knowledge. The Contractor shall not terminate the subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization. The Contractor is required to comply with any reasonable request made by the Colorado Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable state law. If the Contractor violates this provision, the Town may terminate this Agreement, and the Contractor may be liable for actual and/or consequential damages incurred by the Town, notwithstanding any limitation on such damages provided by this Agreement.

Appears in 4 contracts

Samples: Agreement for Professional Services, Construction Agreement, Agreement for Professional Services

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Without Authorization. The Contractor Public Contracts for Services. C.R.S. § 8-17.5-101 and 102, and Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th Congress, as amended. CONTRACTOR certifies that the CONTRACTOR shall comply with the provisions of C.R.S. § 8-17.5-101 et seq. CONTRACTOR shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement. The Contractor shall not CONTRACT or enter into a contract with a subcontractor that fails to certify to the CONTRACTOR that the subcontractor does not knowingly employ or contract with any workers without authorization. By entering into this Agreement, the Contractor certifies as of the date of this Agreement it does shall not knowingly employ or contract with a worker without authorization who will to perform work under this public contract for services CONTRACT. CONTRACTOR represents, warrants, and agrees that the Contractor will participate in the e-verify program in order it (i) has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. The Contractor is prohibited from using in the United States through participation in the e-verify program or through the Colorado Department of labor and Employment and (ii) otherwise will comply with the requirements of C.R.S. § 8-17.5- 102(2)(b). The CONTRACTOR is prohibited from using either the e-verify program or the Colorado Department of Labor and Employment program procedures to undertake pre-employment screening of job applicants applications while the services are being performed under this Agreement is being performedCONTRACT. If the Contractor CONTRACTOR obtains actual knowledge that a subcontractor performing work under this Agreement CONTRACT knowingly employs or contracts with a worker without authorization, the Contractor contractor shall be required to notify the subcontractor and the Town COUNTY within three (3) days that the Contractor CONTRACTOR has actual knowledge that a the subcontractor is employing or contracting with a worker without authorization. The Contractor authorization and shall terminate the subcontract with the subcontractor if within three days of receiving this notice the subcontractor does not stop employing or contracting with the worker without authorization within three (3) days of receiving authorization; except that the notice regarding the Contractor’s actual knowledge. The Contractor CONTRACTOR shall not terminate the subcontract if, contract with the subcontractor if during such three days, days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization. The Contractor is required to CONTRACTOR shall comply with any all reasonable request requests made in the course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable state lawEmployment. If the Contractor violates CONTRACTOR fails to comply with any requirement of this provisionprovision or C.R.S. § 8-17.5-101 et seq., the Town COUNTY may terminate this Agreement, contract for breach and the Contractor may CONTRACTOR shall be liable for actual and/or and consequential damages incurred by to the Town, notwithstanding any limitation on such damages provided by this AgreementCOUNTY.

Appears in 1 contract

Samples: admin.elpasoco.com

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Without Authorization. The Contractor shall comply with any and all federal, state and local laws, rules and regulations regarding the hiring of employees and retention of subcontractors, including without limitation Section 8-17.5-101, et seq., C.R.S. Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement. The Contractor shall not the Agreement or contract with a subcontractor that sub-contractor who (a) knowingly employs or contracts with a worker without authorization to perform work under the Agreement, or (b) fails to certify to Contractor that the subcontractor does will not knowingly employ or contract with any workers a worker without authorizationauthorization to perform work under the Agreement. By entering into this Agreement, the Contractor hereby certifies as of the date of this Agreement that it does not knowingly employ or contract with a worker without authorization who will perform work under this public contract for services and that the authorization. Contractor will shall participate in either the eE-verify program in order Verify Employment Verification Program administered by the United States Department of Homeland Security (“E-Verify Program”) or the State’s Department Program established pursuant to C.R.S. § 8-17.5-102(5)(c) to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this the Agreement. The Contractor is prohibited from using shall not utilize the eE-verify program Verify Program or the Department Program procedures to independently undertake pre-employment screening of job applicants while this Agreement is being performedapplicants. Contractor shall require each subcontractor to certify that subcontractor will not knowingly employ or contract with a worker without authorization to perform work under the Agreement. If the Contractor obtains actual knowledge that a subcontractor performing work under this the Agreement knowingly employs or contracts with a worker without authorization, the Contractor shall be required to to: (a) notify the subcontractor and the Town District within three (3) days that the Contractor has actual knowledge that a the subcontractor is employing or contracting with a worker without authorization. The Contractor shall ; and (b) terminate the subcontract with the subcontractor if within three (3) days of receiving notice from Contractor the subcontractor does not stop employing or contracting with the worker without authorization within authorization; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days of receiving the notice regarding the Contractor’s actual knowledge. The Contractor shall not terminate the subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization. The Contractor is required to shall comply with any reasonable request made by the Colorado Department of Labor and Employment (“Department”) made in the course of an investigation undertaken by the Department pursuant to determine compliance with this provision and applicable state lawC.R.S. § Section 8-17.5-102(5). If In addition to any other legal or equitable remedy the Contractor violates this provision, Spring Mesa Metropolitan District (the Town “District”) may terminate this be entitled to for a breach of the Agreement, and if the District terminates the Agreement, in whole or in part, due to Contractor’s breach of any of this Certification, Contractor may shall be liable for actual and/or and consequential damages incurred of the District resulting from such termination, and the District shall report such violation by Contractor to the TownColorado Secretary of State as required by law. Executed this 26 day of november , notwithstanding any limitation on such damages provided by this Agreement.2021. CONTRACTOR The Cutting Edge Landscaping, Inc.

Appears in 1 contract

Samples: Agreement for Services

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