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HomeMy Public PortalAboutADDENDUM No 4 to Contract 114-2009 - GAI ConsuADDENDUM NO. 4 THIS ADDENDUM, (Addendum Number 4 to Contract No. 114-2009 is made and entered into this _23rd day of _February , 2012, 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"), and GAI Consultants, Inc., 1502 Magnavox Way, Suite 110, Fort Wayne, Indiana, 46804, a corporation organized under the laws of the Commonwealth of Pennsylvania (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor entered into Contract No. 114-2009 on August 13, 2009; and WHEREAS, Contractor has submitted Supplemental Agreement No. 2 (Project Description No. 0800343; City Addendum No. 3 to Contract No. 114-2009) which increases the scope and amount payable for the consulting services being provided by Contractor, which Supplemental Agreement has been or is anticipated to be approved and entered into by the City in February of 2012; and WHEREAS, At this time, City also wishes to include the Indiana E-Verify Program Requirements as set forth in Indiana Code 22-5-1.7-1 et seq. into Contract no. 114-2009. 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 Contractor executed and entered into Contract No. 114-2009 dated August 13, 2009, which is attached hereto, marked as Exhibit `B" and incorporated herein by reference. 2. Both parties agree that Contract No. 114-2009 as well as all prior supplements previously approved and entered into shall remain in full force and effect. 3. 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 114-2009-2011 as follows: (SECTION VI, Section 37.). 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 Page 1 of 2 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. 4. 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). 5. Both parties agree that any person executing this Contract in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Contract. IN WITNESS WHEREOF, this Addendum No. 4 to Contract No. 114-2009 is executed and approved by the undersigned representatives of the City and Contractor this _23rd day of _February_, 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 Mary Jo Flood Mary Jo Flood, Member Date: February 23, 2012 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: February 24, 2012 "CONTRACTOR" GAI Consultants, Inc. 1502 Magnavox Way, Suite 110 Fort Wayne, Indiana, 46804 By:_S/S Mark B. Jesse Title: Assistant Vice President Date Page 2 of 2