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HomeMy Public PortalAboutADDENDUM No.2 to contract 127-2008 - City - HyADDENDUM THIS ADDENDUM, (Number 2 to Contract No. 127-2008) is made and entered into this 15th day of _December 2011 _, by and between Richmond, Indiana, a municipal corporation acting through its Board of Public Works and Safety with its office at 50 North 5th Street, Richmond, Indiana, (hereinafter referred to as "City"), Hylant Group, 501 Congressional Boulevard, Suite 300, P.O. Box 1910, Carmel, Indiana, 46082-1910 (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor entered into Contract No. 127-2008; and WHEREAS, Contract No. 127-2008 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 employee benefit consultation services for the City as set forth within the scope of Contract No. 127-2008; 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: The City and Party executed and entered into Contract No. 127-2008, on November 25, 2008. Contract No. 127-2008 is incorporated by reference. The City and Party executed and entered into Addendum Number 1 to said contract on November 24, 2011, which Addendum is also incorporated by reference. 2. Pursuant to Contract No. 127-2008, Section IV Term of Agreement, the City has a final option to renew the Agreement for the 2012 calendar year, which option is exercised pursuant to this Addendum. Both parties hereby agree to renew Contract No. 127-2008 and the date of the term shall be extended to December 31, 2012. 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 127-2008 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). Addendum No. 2 to Contract No. 127-2008 Page 1 of 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. 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). Both parties hereby agree that with the exception of the extended date and the inclusion of the Indiana E-Verify Program language and requirement that the associated affidavit be signed by Contractor, Contract No. 127-2008 shall remain intact and unchanged. IN WITNESS WHEREOF, this Addendum is executed and approved by the undersigned representatives of the City and Contractor this _15th day of _December 20_11_ to be effective in accordance with its terms as of January 1, 2012. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By:_S/S Vicki Robinson Vicki Robinson, President By:_S/S Dian Lawson Dian Lawson, Member By:_S/S Anthony L. Foster, II Anthony L. Foster, II, Member Date: December 15, 2011 APPROVED:_S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: December 16, 2011 "CONTRACTOR" HYLANT GROUP 301 Pennsylvania Parkway, Suite 201 Indianapolis, IN 46280 By:_S/S Michael D. Gilbert Title: President Date: —December 28, 2011 Page 2 of 2