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LPA Contract - SRTS Our Lady of Hungary Proj No. 122-007 – United Consulting
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LPA Contract - SRTS Our Lady of Hungary Proj No. 122-007 – United Consulting
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Board of Public Works
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Contracts
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2/13/2024
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Version 6-8-2017 <br />9 <br />iii.Notifying all employees in the statement required by subparagraph 14.B.i above that as a <br />condition of continued employment, the employee will (1) abide by the terms of the <br />statement; and (2) notify the CONSULTANT of any criminal drug statute conviction for <br />a violation occurring in the workplace no later than five (5) days after such conviction; <br />iv.Notifying in writing the LPA within ten (10) days after receiving notice from an <br />employee under subdivision 14.B.iii(2) above, or otherwise receiving actual notice of <br />such conviction; <br />v.Within thirty (30) days after receiving notice under subdivision 14.B.iii(2) above of a <br />conviction, imposing the following sanctions or remedial measures on any employee who <br />is convicted of drug abuse violations occurring in the workplace: (1) take appropriate <br />personnel action against the employee, up to and including termination; or (2) require <br />such employee to satisfactorily participate in a drug abuse assistance or rehabilitation <br />program approved for such purposes by a Federal, State or local health, law enforcement, <br />or other appropriate agency; and <br />vi.Making a good faith effort to maintain a drug-free workplace through the implementation <br />of subparagraphs 14.B.i. through 14.B.v. above. <br />15.Employment Eligibility Verification. The CONSULTANT affirms under the penalties of perjury <br />that he/she/it does not knowingly employ an unauthorized alien. <br />The CONSULTANT shall enroll in and verify the work eligibility status of all his/her/its newly hired <br />employees through the E-Verify program as defined in IC 22-5-1.7-3. The CONSULTANT is not <br />required to participate should the E-Verify program cease to exist. Additionally, the CONSULTANT <br />is not required to participate if the CONSULTANT is self-employed and does not employ any <br />employees. <br />The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The <br />CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT <br />subsequently learns is an unauthorized alien. <br />The CONSULTANT shall require his/her/its subcontractors, who perform work under this Contract, <br />to certify to the CONSULTANT that the SUB-CONSULTANT does not knowingly employ or <br />contract with an unauthorized alien and that the SUB-CONSULTANT has enrolled and is <br />participating in the E-Verify program. The CONSULTANT agrees to maintain this certification <br />throughout the duration of the term of a contract with a SUB-CONSULTANT. <br />The LPA may terminate for default if the CONSULTANT fails to cure a breach of this provision no <br />later than thirty (30) days after being notified by the LPA. <br />16.Force Majeure. In the event that either party is unable to perform any of its obligations under this <br />Contract or to enjoy any of its benefits because of fire, natural disaster, acts of God, acts of war, <br />terrorism, civil disorders, decrees of governmental bodies, strikes, lockouts, labor or supply <br />disruptions or similar causes beyond the reasonable control of the affected party (hereinafter referred <br />to as a Force Majeure Event), the party who has been so affected shall immediately give written notice <br />to the other party of the occurrence of the Force Majeure Event (with a description in reasonable detail <br />of the circumstances causing such Event) and shall do everything reasonably possible to resume <br />performance. Upon receipt of such written notice, all obligations under this Contract shall be <br />immediately suspended for as long as such Force Majeure Event continues and provided that the <br />affected party continues to use commercially reasonable efforts to recommence performance <br />whenever and to whatever extent possible without delay. If the period of nonperformance exceeds <br />thirty (30) days from the receipt of written notice of the Force Majeure Event, the party whose ability <br />to perform has not been so affected may, by giving written notice, terminate this Contract.
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