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Contractor is solely responsible for its compliance with federal, state, and local laws and <br />regulations relating to taxes, Social Security, and Medicare that may be required to be made in <br />connection with the compensation provided under this Agreement. The City, however, may file <br />informational returns with the United States Internal Revenue Service or similar state agency <br />regarding payment made to Contractor in accordance with this Agreement under conditions <br />imposed by federal, state or local laws applicable to such payment. The City shall provide IRS <br />Form 1099, if applicable. <br />Section 9. Entire Agreement. This Agreement sets forth the entire agreement and <br />understanding between the parties as to the subject matter hereof, and merges and supersedes all <br />prior discussions, agreements, and understandings of any and every nature between them. This <br />Agreement may be modified or amended only by a written instrument signed by both parties. <br />Section 10. Funding Cancellation and Payments. In accordance with IC 36-1-12.5- <br />5(d)(4), payments by the City are subject to annual appropriation by its fiscal body. When the City <br />makes a written determination that funds are not appropriated or otherwise available to support <br />continued performance of this Agreement, this Agreement shall be cancelled. A determination by <br />the City that funds are not appropriated or otherwise available to support continuation of the <br />performance shall be final and conclusive. <br />Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the <br />penalties for perjury, that she is the properly authorized representative, agent, member or officer <br />of Contractor, that she has not, nor has any other member, employee, representative, agent or <br />officer of Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered <br />into or offered to enter into any combination, collusion, or agreement to receive or pay, and that <br />she has not received or paid, any sum of money or other consideration for the execution of this <br />Agreement other than that which appears upon the fact of this Agreement. <br />Section 12. E-Verify. Contractor affirms under the penalties of perjury that it does not <br />knowingly employ an unauthorized alien. Contractor shall enroll in and verify the work eligibility <br />status of all its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. <br />Contractor shall not knowingly employ or contract with an unauthorized alien. Contractor shall <br />not retain an employee or contract with a person that Contractor subsequently learns is an <br />unauthorized alien. <br />Contractor is not required to participate in the E-Verify program should the E-Verify program <br />cease to exist. Additionally, Contractor is not required to participate if Contractor is self-employed <br />and does not employ any employees. <br />Contractor shall require its subcontractors, who perform work under this contract, to certify to <br />Contractor that the subcontractor does not knowingly employ or contract with an unauthorized <br />alien and that the subcontractor has enrolled and is participating in the E-Verify program. <br />Contractor agrees to maintain this certification throughout the duration of the term of a contract <br />with a subcontractor. <br />3 <br />