|
Section 6. Governing Law; Compliance with Laws. This Agreement shall be
<br />construed and interpreted according to the laws of the State of Indiana. The Contractor agrees to
<br />comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all
<br />provisions required thereby are hereby incorporated herein by reference. Contractor shall comply
<br />with federal, state and local law in its hiring and employment practices and policies for any
<br />activity covered by this Agreement. Further, the City shall not be required to pay for Services
<br />that are inconsistent with or in violation of this Agreement nor for any Services performed in
<br />violation of federal, state or local statute, ordinance, rule or regulation
<br />Section 7. Relationship/Independent Contractor. Both parties, in the performance
<br />of this Agreement, shall act in an individual capacity and not as agents, employees, partners,
<br />joint venturers or associates of one another. The employees) or agent(s) of one party shall not
<br />be deemed or construed to be the employce(s) or agent(s) of the other party for any purpose
<br />whatsoever. Neither party will assume liability for any injury (including death) to any person(s),
<br />or damage to any property, arising out of the acts or omissions of the agents, employees or
<br />subcontractors of the other party. The Contractor shall be solely responsible for providing all
<br />necessary unemployment and workers' compensation insurance for the Contractor's employees.
<br />Contractor is solely responsible for compliance with federal, state and local laws and
<br />regulations relating to taxes and social security payments 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 8. 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 understanding of any and every nature between them.
<br />Section 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5-
<br />5(d)(4), payments by the City are subject to annual appropriation by its fiscal body.
<br />Section 10. Non -Collusion and Acceptance. The undersigned attests, subject to the
<br />penalties for perjury, that he/she is the Contractor, or that he/she is the properly authorized
<br />representative, agent, member or officer of the Contractor, that he/she has not, nor has any other
<br />member, employee, representative, agent or officer of the Contractor, directly or indirectly, to the
<br />best of the undersigned's knowledge, entered into or offered to enter into any combination,
<br />collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of
<br />money or other consideration for the execution of this Agreement other than that which appears
<br />upon the fact of this Agreement. Neither Contractor nor any of its principals are presently
<br />debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
<br />participation by any Federal department or agency.
<br />S—ki-PrOfCS11.11 Cn,ativc Financial StafangAdn, and Financo—FMA!_140312
<br />
|