CC - Agendas - City Council - REGULAR - 12/2/2014

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relate to their employees and A.R.S. § 23-214(A) (hereinafter "Contractor Immigration Warranty"). A breach of the Professional Immigration Warranty shall constitute a material breach of this Contract and shall subject the Service Provider to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Service Provider or Sub- contractors employee who works on this Contract to ensure that the Service Provider or Sub- contractor is complying with the Professional Immigration Warranty. Service Provider agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Service Provider and any of sub-contractors to ensure compliance with Service Provider's Immigration Warranty. Service Provider agrees to assist the City in regard to any random verification performed. Neither the Service Provider nor any Sub-contractor shall be deemed to have materially breached the Professional Immigration Warranty if the Service Provider or Sub-contractor establishes that it has complied with employment verification provisions prescribed by sections 274A and 274E of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214, Subsection A. The provisions of this Article must be included in any contract the Service Provider enters into with any and all of its sub-contractors who provide services under this Contract or any sub-contract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a Service Provider or sub-contractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 28. Service Provider shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional under similar circumstances. 29. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 30. Non-Availability of Funds: Fulfillment of the obligation of the City under this Agreement is conditioned upon the availability of funds appropriated or allocated for the performance of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the City at the end of the period for which the funds are available. No liability shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments as a result of termination under this paragraph. Dated this day of 2014. City of Prescott, a municipal corporation SERVICE PROVIDER Professional Services Agreement 7