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Home My Public Portal AboutAddendum No. 1 to Contract 48-2011 with LifeGasTHIS ADDENDUM, (Number 1 to Contract No. 48-2011) is made and entered into this �—� day of-F6bfv-W , 2012, by and between Richmond, Indiana, a municipal corporation acting through its Board of Public Works and Safety with its office at 50 North 5'h Street, Richmond, Indiana, (hereinafter referred to as "City"), and Lifegas, 5720 Kopetsky Drive, Suite N, Indianapolis, Indiana, 46217 (hereinafter referred to as "Contractor'). WHEREAS, City and Contractor entered into Contract No. 48-2011 on March 17, 2011; and WHEREAS, City wishes to continue to retain Contractor to continue to provide services to refill both D-size oxygen cylinders and M-size oxygen cylinders and provide tank rental for the City of Richmond Fire Department as set forth within the scope of Contract No. 48-2011. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Contractor hereby agree as follows: I . The City and Contractor executed and entered into Contract No. 48-2011, on March 17, 2011 where the City agrees to pay Contractor a sum not to exceed Six Dollars and Twenty-five Cents ($6.25) per cylinder for D-size cylinders and a sum not to exceed Ten Dollars and Six Cents ($10.06) per cylinder for M-size cylinders.. 2. Pursuant to Contract No. 48-2011, Section IV 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 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 48-2011 as follows: SECTION X. 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 22-5-1.7-1I (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. Addendum No. 1 to Contract No. 48-2011 Page 1 of 2 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. 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). Both parties hereby agree that with the exception of the extension of the contract date of termination pursuant to the exercise of the option to renew the contract for the 2012 calendar year, and the inclusion of the Indiana E-Verify Program language and requirement that the associated affidavit be signed by Contractor, Contract No. 48- 2011 shall remain intact and unchanged. IN WITNESS WHEREOF, this Addend.r is execut d and approved by the undersigned representatives of the City and Contractor this, day of , 2012, 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: Vicki Robinson, President 4�� APPROVED: S46� Sarah L. Hutton, Mayor Date: as L "CONTRACTOR" LIFEGAS 5720 Kopetsky Drive, Suite N Indianapolis, IN 462I By: Title: Hed D Date: Page 2 of 2 Affidavit of Employment Eligibility Verification The Contractor, ��,�164C,�ElI�S�c�n ,affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this 11 day of J utn k�- , 201 -�- &M <:L 0 (signature) AL� �1 -D 4�t (printed name)