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HomeMy Public PortalAboutADDENDUM No. 1 to contract 197-2010 - City - JADDENDUM THIS ADDENDUM, (Number 1 to Contract No. 197-2010) is made and entered into this loth day of November , 20 11 , by and between Richmond, Indiana, a municipal corporation acting through its Board of Public Works and Safety with its office at 50 North 51h Street, Richmond, Indiana, (hereinafter referred to as "City"), and Joe Buckler, 5757 Fouts Road, Richmond, Indiana, 47 3 74 (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor entered into Contract No. 197-2010; and WHEREAS, Contract No. 197-2010 contains an option to renew which the City wishes to exercise for the 2012 calendar year; and WHEREAS, City wishes to retain Contractor to continue providing specialized engineering services and assistance to the Department of Public Works and Engineering for the City within the scope of Contract No. 197-2010; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Contractor hereby agree as follows: 1. The City and Party executed and entered into Contract No. 197-2010, on December 16, 2010. Contract No. 197-2010 is attached hereto, marked as Exhibit "A" and incorporated by reference. 2. Pursuant to Contract No. 197-2010, Section A Term of Agreement, the City has an option to renew the Agreement for the 2012 calendar year, which option is exercised pursuant to this Addendum. 3. Both parties hereby agree to renew Contract No. 197-2010 with the same terms and conditions set forth in that Agreement, with the exception that the date of the term shall be extended to December 31, 2012. Addendum No. 1 to Contract No. 197-2010 Page 1 of 3 4. Both parties agree that in accordance with Indiana code 22-5-1.7-1 et seq., all service contracts entered into or renewed after June 30, 2011, must include the Indiana E-Verify Program Requirements, which requirements are set forth and incorporated into Contract Number 197-2010 as follows: G. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. 5. Contractor agrees that no work shall commence until the City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2). 6. Both parties hereby agree that with the exception of the extended dates and the inclusion of the Indiana E-Verify Program language and requirement that the associated affidavit be signed by Contractor, Contract No. 197-2010 shall remain intact and unchanged. (Signature page to follow.) Page 2 of 3 IN WITNESS WHEREOF, this Addendum is executed and approved by the undersigned representatives of the City and Contractor this _loth day of November , 20 , to be effective in accordance with its terms as of January 1, 2012. "CITY" "CONTRACTOR" THE CITY OF RICHMOND, JOE BUCKLER INDIANA by and through its 5757 Fouts Road Board of Public Works and Safety Richmond, IN 47374 By:—S/S Vicki Robinson By: S/S Joe Buckler Vicki Robinson, President Joe Buckler By:—S/S Dian Lawson Date: November 16, 2011 Dian Lawson, Member By: S/S Anthony L. Foster, II Anthony L. Foster, II, Member Date: November 10. 2011 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: November 14. 2011 Page 3 of 3