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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 Form <br />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 Ind. Code 6-1.1-18, <br />payments by the City are subject to annual appropriation by its fiscal body. When the City makes a <br />written determination that funds are not appropriated or otherwise available to support continued <br />performance of this Agreement, this Agreement shall be cancelled. A determination by the City <br />that funds are not appropriated or otherwise available to support continuation of the performance <br />shall be final and conclusive. <br />Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties <br />for perjury, that he is the properly authorized representative, agent, member or officer of Contractor, <br />that he has not, nor has any other member, employee, representative, agent or officer of Contractor, <br />directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter <br />into any combination, collusion, or agreement to receive or pay, and that he has not received or <br />paid, any sum of money or other consideration for the execution of this Agreement other than that <br />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 Ind. Code § 22-5- <br />1.7-3. Contractor shall not knowingly employ or contract with an unauthorized alien. Contractor <br />shall 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 <br />program cease to exist. Additionally, Contractor is not required to participate if Contractor is self- <br />employed and does not employ any employees. <br />Contractor shall require its subcontractors, who perform work under this contract, to certify <br />to 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 />