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<br /> 8.11 PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to
<br /> agreements relating to the offer, issuance, or sale of securities, investment advisory services or
<br /> fund management services, sponsored projects, intergovernmental agreements, or information
<br /> technology services or products and services] Consultant certifies, warrants, and agrees that it does
<br /> not knowingly employ or contract with an illegal alien who will perform work under this contract and will
<br /> confirm the employment eligibility of all employees who are newly hired for employment in the United
<br /> States to perform work under this contract, through participation in the E-Verify Program or the
<br /> Department program established pursuant to CRS §8-17.5-102(5)(c), Consultant shall not knowingly
<br /> employ or contract with an illegal alien to perform work under this contractor enter into a contract with a
<br /> sub-consultant that fails to certify to Consultant that the sub-consultant shall not knowingly employ or
<br /> contract with an illegal alien to perform work under this contract. Consultant (a) shall not use E-Verify
<br /> Program or Department program procedures to undertake pre-employment screening of job applicants
<br /> while this contract is being performed, (b) shall notify the sub-consultant and the contracting State agency
<br /> within three days if Consultant has actual knowledge that a sub-consultant is employing or contracting
<br /> with an illegal alien for work under this contract, (c) shall terminate the subcontract if a sub-consultant
<br /> does not stop employing or contracting with the illegal alien within three days of receiving the notice, and
<br /> (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to
<br /> CRS §8-17:5-102(5), by the Colorado Department of Labor and Employment. If Consultant participates in
<br /> the Department program, Consultant shall deliver to the contracting State agency, Institution of Higher
<br /> Education or political subdivision a written, notarized affirmation, affirming that Consultant has examined
<br /> the legal work status of such employee, and shall comply with all of the other requirements of the
<br /> Department program. If Consultant fails to comply with any requirement of this provision or CRS §8-17.5-
<br /> 101 et seq., the contracting State agency, institution of higher education or political subdivision may
<br /> terminate this contract for breach and, if so terminated, Consultant shall be liable for damages.
<br /> 8.12 PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Consultant, if a natural
<br /> person.eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or
<br /> she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall
<br /> comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification
<br /> required by CRS §24-76.5-103 prior to the effective date of this contract.
<br /> ARTICLE 9. MISCELLANEOUS PROVISIONS
<br /> 9.1 SUCCESSORS AND ASSIGNS
<br /> Except as otherwise provided for herein, Consultant rights and obligations hereunder are
<br /> personal and may not be transferred, assigned or subcontracted without the prior, written
<br /> consent of the State. Any attempt at assignment, transfer, subcontracting without such consent
<br /> shall be void. All assignments, subcontracts or sub-consultants approved by Consultant or the
<br /> State are subject to all of the provisions hereof. Consultant shall be solely responsible for all
<br /> aspects of subcontracting arrangements and performance.
<br /> 9.2 WAGE RATES, in accordance with CRS 24-30-1404(1)
<br /> As amended, the Consultant has executed a schedule, which is attached hereto and made a part
<br /> hereof by reference as Exhibit B, Wage Rates Schedule, and by doing so is certifying that wage
<br /> rates and other factual unit costs supporting the compensation paid by the State for these
<br /> professional services are accurate, complete and current.
<br /> The original contract price and any additions thereto shall be adjusted to exclude any significant
<br /> sums by which the Principal Representative determines the contract price had been increased due
<br /> to inaccurate, incomplete, or non-current wage rates and other factual unit costs'. All such contract
<br /> adjustments shall be made within one year following the end of this contract.
<br /> 93 CONTINGENT FEE PROHIBITION, in accordance with CRS 24-30-1404 (4)
<br /> As amended, the Consultant warrants that he has not employed or retained any company or
<br /> person other than a bona fide employee working solely for him, to solicit or secure this contract,
<br /> and that he has not paid or agreed to pay any person, company, corporations individual, or firm,
<br /> Rev. 5/2011 Page 6 of 10
<br /> SC-5.3
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