Resolution 2020-73 - Need Fully Executed Agreement

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Homeland Security. Until such verification of lawful presence is made, the affidavit may be presumed to be proof of lawful presence for purposes of this section. If the Contractor is unable to use the Save Program after reasonable efforts are made to use the Program, Contractor shall request the City to verify the lawful presence of the applicant through the Save Program. Contractor may request in writing that the City determine if verification of lawful presence of an applicant is not required because of one or more of the exceptions to the verification requirement contained at section 24-76.5-103(3), C.R.S. Upon such request, the City shall, in its sole discretion, determine if one or more of the exceptions apply and such determination shall be binding upon the Contractor. NO IMPLIED REPRESENTATIONS: No representations, agreements, covenants, warranties, or certifications, express or implied, shall exist as between the parties, except as specifically set forth in this Contract. NO THIRD PARTY BENEFICIARIES: None of the terms or conditions in this Contract shall give or allow any claim, benefit, or right of action by any third person not a party hereto. Any person other than the City or the Contractor receiving services or benefits under this Contract shall be only an incidental beneficiary. FINANCIAL OBLIGATIONS OF CITY: All financial obligations of the City under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in this Contract shall be deemed a pledge of the City's credit, or a payment guarantee by the City to the Contractor. If appropriated funds are not available, both parties shall be relieved of their obligations hereunder. WAIVER: No waiver of any breach or default under this Contract shall be a waiver of any other or subsequent breach or default. SEVERABILITY: Invalidation of any specific provisions of this Contract shall not affect the validity of any other provision of this Contract. GOVERNING LAW: This Contract shall be governed and construed in accordance with the laws of the State of Colorado as well as applicable Federal laws, regulations, and policies. Should such laws be amended as to modify this Agreement, such Amendment shall be incorporated herein and be immediately effective between the Parties. AUTHORITY: The parties warrant that they have taken all actions necessary or required by their own procedures, bylaws, or applicable law, to authorize their respective signatories to sign this Contract for them and to bind them to its terms. UNLAWFUL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract.