PSA - American Structurepoint - Leeper Park CSO Tank Design

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Section 8. Entire Agreement, This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. Section 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5- 5(d)(4), payments by the City are subject to annual appropriation by its fiscal body. When the City makes a written determination that funds are not appropriated or otherwise available to support continued performance of this Agreement, this Agreement shall be cancelled. A determination by the City that funds are not appropriated or otherwise available to support continuation of the performance shall be final and conclusive. Section 10. Termination. This Agreement may be terminated, in whole or in part, by the City whenever, for any reason, the City determines that such termination is in the best interest of the City. Termination shall be affected by delivery to the Engineer of a Termination Notice at least thirty (30) days prior to termination effective date, specifying the extent to which performance of services under which such termination becomes effective. The Engineer shall be compensated for performance prior to the notice date of termination but in no case shall total payment made to Engineer exceed the original Agreement price due on Agreement. No price increase shall be allowed on individual line items if canceled only in part. Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he/she is the Engineer, or that he/she is the properly authorized representative, agent, member or officer of the Engineer, that he/she has not, nor has any other member, employee, representative, agent or officer of the Engineer, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement. Section 12. E-Verify. The Engineer affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The Engineer shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-13-3. The Engineer shall not knowingly employ or contract with an unauthorized alien. The Engineer shall not retain an employee or contract with a person that the Engineer subsequently learns is an unauthorized alien. The Engineer is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, the Engineer is not required to participate if the Engineer is self- employed and does not employ any employees. The Engineer shall require his/her/its sub -engineers, who perform work under this contract, to certify to the Engineer that the sub -engineer does not knowingly employ or contract with an unauthorized alien and that the sub -engineer has enrolled and is participating in the E-Verify program. The Engineer agrees to maintain this certification throughout the duration of the term of a contract with a sub -engineer.