Professional Services Proposal - Consulting Services to Assist the City’s Payroll Processing System - enFocus, Inc.

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The Consultant's failure to complete the services in accordance with this Agreement will be considered a material breach. In the event of such breach, the Sponsor may suspend all payments to the Consultant, terminate this Agreement, and/or pursue any and all remedies available at law or in equity. In accordance with applicable laws, payments are subject to annual appropriation. If the City Controller makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City Controller that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. Invalidity or unenforceability of one or more provisions of this agreement shall not affect any other provision of this agreement, The Consultant shall comply with all applicable laws and regulations in its hiring and employment pr actiCes and policies for any activity Covered by thi1 161 e rla 11 The Consultant shall comply with all state, federal, 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 S-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 Consultant certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. • The Consultant agrees to make a good faith effort to provide and maintain a drug -free workplace and will give written notice to the City within ten (10) days after receiving actual notice that the Consultant or an employee of the Consultant within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. The Consultant agrees, as a condition precedent to the effectiveness of this Agreement, that its authorized representative will execute and submit to the Sponsor a contractor's affidavit in the form provided by the Sponsor. This agreement is subject to the laws and regulations of the State of Indiana. By signing this agreement, all parties agree to the terms as described above. Alterations to this agreement can only be made by both parties and must be placed in writing. Both parties will receive a printed copy of this agreement, and will be responsible for upholding its terms. [Signature page follows.] This document andits contents are confidential. l{you have received this document in error, please destroy irwnediately.