Professional Services Agreement - Pathfinders Advertising and Marketing Group Inc - Redesign of southbendin.gov

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1250 Park Place Boulevard, 12"' Floor 227 W. Jefferson Boulevard, Suite 1400 N. Mishawaka, IN 46545 South Bend, IN 46601 Attn: Kelly Ball Attn: Rene Casiano, Director of Applications 11. Equal Opportunity; Non -Discrimination; Compliance. The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all federal, state, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 12. Contractor's Affidavit. The Provider agrees, as a condition precedent to the effectiveness of this Agreement, that its authorized representative will execute and submit to the City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B. 13. Drug -Free Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 14. Entire Agreement; Amendment; Applicable Law. 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 understandings of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana. 15. Attorney Fees. In the event of any dispute arising under this Agreement, the prevailing Party in any such action to enforce its rights hereunder shall be entitled to collect from the other Party its costs and reasonable attorneys' fees incurred in connection therewith. The respective obligations of the Parties under this section shall survive the termination of this Agreement. 16. Performance. Provider shall strive to ensure that its performance under this Agreement complies with the expectations identified in any scope of work or statement of work agreed upon by the Provider and the City. The City may, at any time, provide written notice to Provider of any concern regarding Provider's performance under any scope of work or statement of work. If any such notice is delivered to Provider, Provider shall take reasonable steps to perform under the scope of work or statement of work. [Signature page follows.]