PSA - Restoration Design and Assistance with Historic Preservation Grant – K.W. Garner Consulting & Design

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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. 11.. The Provideragrees, as a condition precedent to the effectiveness of this Agreement,thatits authorized representativewill execute and submit to the Cityand any other appropriate bodiesan affidavit in the form attached hereto as Exhibit B. 12.Drug-Free Workplace. The Providerhereby agrees to make a good faith effort to provide and maintain a drug-free workplace. The Providerwill give written notice to the City within ten (10) days after receiving actual notice that the Provideror an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurringin the workplace. 13.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 understanding 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, and any dispute arising out of this the courts located in St. Joseph County,Indiana, unless the Parties mutually agree to a different method of dispute resolution. 14.Severability. All provisions of this Agreement shall be considered as separate terms and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of this Agreement, in which case the Provider and the Cityagree to amend this Agreement with replacement provisions containing mutually acceptable terms and conditions. 15.No Waiver. No failure or delay on the part of either Party in exercising any right under this Agreement will operate as a waiver of, or impair, any such right. No single or partial exercise of any such right will preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right will have effect unless given in a written document signed by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right hereunder. 16.Force Majeure. The Provider shall not be responsible for any failure or delay in the performance of any obligation hereunder, if such failure or delay is due to a cause beyond the , nature, or government. 17.Counterparts.This Agreement may be executed in two or more counterparts, 3