State Law Addendum.pdf

ADDENDUM

1. NONDISCRIMINATION. Contractor agrees that during the performance of the Agreement:

A. It will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants, notices setting forth the provisions of this nondiscrimination clause.

B. It will state that it is an equal opportunity employer in all solicitations or advertisements for employees placed by it or on its behalf. Notices, solicitations, and advertisements placed in accordance with federal law, rule, or regulations shall be deemed sufficient for the purposes of meeting the requirements of this section.

C. It will include the provisions of the foregoing paragraphs A and B in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each such subcontractor or Contractor.

2. DRUG FREE WORKPLACE. During the performance of the Agreement Contractor agrees to (i) provide a drug-free workplace for Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or Contractor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with the Agreement.

3. RELIGIOUS ORGANIZATIONS. The School Board does not discriminate against faith-based organizations.

4. AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA. Contractor warrants that it is, and for the duration of the Agreement shall remain, authorized to transact business in the Commonwealth of Virginia and has an identification number issued to it by the Virginia State Corporation Commission.

5. IMMIGRATION LAW. Contractor represents and warrants that it does not, and shall not during the performance of the Agreement, knowingly employed an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

6. CERTIFICATION REGARDING FELONS AND SEX OFFENDERS. By entering into this Addendum, Contractor certifies, as required by Section 22.1-296.1 of the Code of Virginia, that none of the persons who will provide services requiring direct contact with students on school property during school hours or during school-sponsored activities has been convicted of a felony or any offense involving the sexual molestation, physical, or sexual abuse or rape of a child. Contractor shall promptly report to the School Board any change that would make this certification no longer accurate.

Contractor further understands and acknowledges (1) that if Contractor makes a materially false statement regarding any of the above offenses, Contractor will be guilty of a Class 1 misdemeanor and (2) that before any person is permitted to provide such services subsequent to this certification, Contractor must complete a new certification regarding such person.

Contractor shall require its employees, contractors, or subcontractors who will have direct contact with students to execute the certification attached hereto as EXHIBIT A and submit the certification before performance any services under the Agreement.

7. NONAPPROPRIATIONS. The Agreement shall be null, void, and unenforceable if the School Board fails to receive, or to continue to receive, funds which, in its sole opinion, are sufficient to meet its obligations hereunder.

9. PROMPT PAYMENT REQUIREMENTS FOR SUBCONTRACTORS. If subcontractors are used in the performance of the Agreement:

Contractor shall take one of the two following actions within seven days after receipt of amounts paid to it for work performed by a subcontractor:

a. Pay the subcontractor for the proportionate share of the total payment received from the School Board attributable to the work performed by the subcontractor; or

b. Notify the School Board and subcontractor, in writing, of Contractor’s intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

Contractor shall provide the School Board with its federal employer identification number prior to receiving any payments hereunder.

Contractor shall pay interest to the subcontractor on all amounts owed by it that remain unpaid after seven days following receipt by it of payment from the School Board for work performed by the subcontractor under the contract, except for amounts withheld as allowed in subparagraph b above.

Unless otherwise provided under the terms of the contract, interest shall accrue at the rate of one percent per month for amounts owed to a subcontractor.

Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

Contractor’s obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this paragraph shall not be construed to be an obligation of the School Board. The contract shall not be modified for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.

10. INDEMNIFICATION AND ARBITRATION. Recognizing that the School Board cannot lawfully enter into an indemnification or hold harmless provision or agreement to arbitrate, any provision purporting to require the School Board to indemnify or hold harmless Contractor for any act of omission or to enter into binding arbitration shall not have any effect or be enforceable against the School Board.

11. TAXES. The School Board is exempt from federal excise tax and from all state and local taxes. Notwithstanding anything in the Agreement to the contrary, Contractor shall not include such taxes in any invoices under the Agreement. Upon request, the School Board will furnish Contractor with tax exemption certificates or the School Board’s tax exempt number.

12. CHOICE OF LAW AND VENUE. This Addendum and the Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to the principals of conflicts of laws. Any legal action arising under the Agreement shall be brought in the general district court or the circuit court located in Isle of Wight County, Virginia.

In the event of conflict between the provisions of this Addendum and the Agreement, the provisions of this Addendum shall be controlling.

EXHIBIT A

CERTIFICATION OF CONTRACTOR

Full Name of Contractor: _________________________________________

Name of Company (if applicable): _________________________________

As required by Section 22.1-296.1 of the Code of Virginia, the undersigned hereby certifies as follows:

(i) that I have not been convicted of a felony or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child, and

(ii) that none of my employees working in the presence of students during regular school hours or during school-sponsored activities have been convicted of a felony or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child, and

(iii) that I have have not been convicted of a crime of moral turpitude, and

(iv) that my employees working in the presence of students during regular school hours or during school-sponsored activities have have not been convicted of a crime of moral turpitude.

I further understand that if I make a materially false statement regarding any of the above offenses, I will be a guilty of a Class I misdemeanor.

If you checked the box indicating that you or an employee have been convicted of a crime of moral turpitude, list the nature of the crime and the date and court conviction below:

Nature of Crime Date Court of Conviction

Date: __________________

Signature of Contractor