Compliance with Federal and State Laws. The Consultant understands and acknowledges the applicability to it of the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. Under the provisions of A.R.S. §41-4401, Consultant hereby warrants to the Town that the Consultant and each of its Sub Consultants (‘Sub Consultants”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. §23-214(A) (hereinafter “Consultant Immigration Warranty”). A breach of the Consultant Immigration Warranty shall constitute a material breach of the Agreement and shall subject the Consultant to penalties up to and including terminations of this Agreement at the sole discretion of the Town. The Town retains the legal right to inspect the papers of any Consultant or Sub Consultant’s employee who works on this Agreement to ensure that the Consultant or any Sub Consultant is complying with the Consultant Immigration Warranty. Consultant agrees to assist the Town in regard to any such inspections. The Town may, at its sole discretion, conduct random verification of the employment records of the Consultant and any of the Sub Consultants to ensure compliance with Consultant’s Immigration Warranty. Consultant agrees to assist the Town in regard to any random verification performed. Neither the Consultant nor any of the Sub Consultants shall be deemed to have materially breached the Consultant Immigration Warranty if the Consultant or Sub Consultant establishes that is has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214, Subsection A.
Appears in 1 contract
Samples: Consultant Agreement
Compliance with Federal and State Laws. The Consultant IPM understands and acknowledges the applicability to it of the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989.
12.12.1. Under the provisions of A.R.S. §§ 41-4401, Consultant IPM hereby warrants to the Town Client that the Consultant IPM and each of its Sub Consultants (‘Sub Consultants”) subcontractors will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. §§ 23-214(A) (hereinafter “Consultant "Contractor Immigration Warranty”").
12.12.2. A breach of the Consultant Immigration Warranty shall constitute a material breach of the Agreement and shall subject the Consultant to penalties up to and including terminations of this Agreement at the sole discretion of the Town. The Town Client retains the legal right to inspect the papers of any Consultant contractor or Sub Consultant’s subcontractor employee who works on this Agreement to ensure that the Consultant contractor or any Sub Consultant subcontractor is complying with the Consultant Contractor Immigration Warranty. Consultant IPM agrees to assist the Town Client in regard to any such inspections.
12.12.3. The Town Client may, at its sole discretion, conduct random verification of the employment records of the Consultant IPM and any of the Sub Consultants subcontractors to ensure compliance with Consultant’s Contractor's Immigration Warranty. Consultant IPM agrees to assist the Town Client in regard to any random verification verifications performed.
12.12.4. Neither the Consultant IPM nor any of the Sub Consultants subcontractor shall be deemed to have materially breached the Consultant Contractor Immigration Warranty if the Consultant IPM or Sub Consultant any subcontractor establishes that is it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §§ 23-214, Subsection A.
12.12.5. The provisions of this article must be included in any contract that IPM enters into with any and all of its subcontractors who provide services under this Agreement or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property.
Appears in 1 contract
Samples: Professional Services
Compliance with Federal and State Laws. 5.12.1 The Consultant Contractor understands and acknowledges the applicability to it of the Americans American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. .
5.12.2 Under the provisions of A.R.S. §A. R. S. § 41-4401, Consultant Contractor hereby warrants to the Town City that the Consultant Contractor and each of its Sub Consultants (‘Sub Consultants”) subcontractors will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. §A. R. S. § 23-214(A214 (A) (hereinafter “Consultant Contractor Immigration Warranty”). .
5.12.3 A breach of the Consultant Contractor Immigration Warranty shall constitute a material breach of the Agreement this Contract and shall subject the Consultant Contractor to penalties up to and including terminations termination of this Agreement Contract at the sole discretion of the Town. City.
5.12.4 The Town City retains the legal right to inspect the papers of any Consultant Contractor or Sub Consultant’s Subcontractors employee who works on this Agreement Contract to ensure that the Consultant Contractor or any Sub Consultant Subcontractor is complying with the Consultant Contractor Immigration Warranty. Consultant Contractor agrees to assist the Town City in regard to any such inspections. .
5.12.5 The Town City may, at its is sole discretion, conduct random verification of the employment records of the Consultant Contractor and any of the Sub Consultants subcontractors to ensure compliance with ConsultantContractor’s Immigration Warranty. Consultant Contractor agrees to assist the Town City in regard to any random verification verifications performed. .
5.12.6 Neither the Consultant Contractor nor any of the Sub Consultants subcontractor shall be deemed to have materially breached the Consultant Contractor Immigration Warranty if the Consultant Contractor or Sub Consultant subcontractor establishes that is it has complied with the employment verification provisions prescribed by sections section 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §A. R. S. § 23-214, Subsection A.
5.12.7 The provisions of this Article must be included in any contract the Contractor enters into with any and all of its subcontractors who provide services or goods or products under this Contract or any subcontract. “Services” are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property.
Appears in 1 contract
Samples: Professional Services
Compliance with Federal and State Laws. The Consultant Engineer understands and acknowledges the applicability to it of the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. Under the provisions of A.R.S. §41-4401, Consultant Engineer hereby warrants to the Town that the Consultant Engineer and each of its Sub Consultants (‘Sub Consultants”) Subcontractors will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. §23-214(A) (hereinafter “Consultant Engineer Immigration Warranty”). A breach of the Consultant Engineer Immigration Warranty shall constitute a material breach of the Agreement and shall subject the Consultant Engineer to penalties up to and including terminations termination of this Agreement at the sole discretion of the Town. The Town retains the legal right to inspect the papers of any Consultant Engineer’s or Sub ConsultantSubcontractor’s employee who works on under this Agreement to ensure that the Consultant Engineer or any Sub Consultant Subcontractor is complying with the Consultant Engineer Immigration Warranty. Consultant Engineer agrees to assist the Town in regard to regarding any such inspections. The Town may, at its sole discretion, conduct random verification of the employment records of the Consultant Engineer and any of the Sub Consultants Subcontractors to ensure compliance with ConsultantEngineer’s Immigration Warranty. Consultant Engineer agrees to assist the Town in regard to regarding any random verification performed. Neither the Consultant Engineer nor any of the Sub Consultants Subcontractors shall be deemed to have materially breached the Consultant Engineer Immigration Warranty if the Consultant Engineer or Sub Consultant Subcontractor establishes that is has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214, Subsection A.A. Pursuant to A.R.S. § 35-394, as may be amended, unless exempt, the Engineer hereby certifies that it is does not use, and agrees not to use during the term of this Agreement, any of the following: forced labor of ethnic Uyghurs in the People’s Republic of China; any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or any contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
Appears in 1 contract
Compliance with Federal and State Laws. The Consultant CONTRACTOR understands and acknowledges the applicability to it of the Americans American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. The CONTRACTOR must also comply with A.R.S. § 34-301, “Employment of Aliens on Public Works Prohibited”, and A.R.S. § 34-302, as amended, “Residence Requirements for Employees”. Under the provisions of A.R.S. §41-4401, Consultant CONTRACTOR hereby warrants to the Town City that the Consultant CONTRACTOR and each of its Sub Consultants Subcontractors (‘Sub Consultants“SUBCONTRACTORS”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. §23-214(A) (hereinafter “Consultant CONTRACTOR Immigration Warranty”). A breach of the Consultant CONTRACTOR Immigration Warranty shall constitute a material breach of the Agreement this Contract and shall subject the Consultant CONTRACTOR to penalties up to and including terminations termination of this Agreement Contract at the sole discretion of the TownCity. The Town City retains the legal right to inspect the papers of any Consultant CONTRACTOR or Sub ConsultantSUBCONTRACTOR’s employee who works on this Agreement Contract to ensure that the Consultant CONTRACTOR or any Sub Consultant SUBCONTRACTOR is complying with the Consultant CONTRACTOR Immigration Warranty. Consultant agrees to assist the Town in regard to any such inspections. The Town CITY may, at its sole discretion, conduct random verification of the employment records of the Consultant CONTRACTOR and any of the Sub Consultants SUBCONTRACTORS to ensure compliance with Consultantthe CONTRACTOR’s Immigration Warranty. Consultant CONTRACTOR agrees to assist the Town CITY in regard to any such inspections. The CONTRACTOR and its SUBCONTRACTORS warrant to keep the papers and records open for random verification performedinspection during normal business hours by the CITY. The CONTRACTOR and its SUBCONTRACTORS shall cooperate with the CITY’S random inspections including granting the City entry rights onto its property to perform the random inspections and waiving their respective rights to keep such papers and records confidential. Neither the Consultant CONTRACTOR nor any of the Sub Consultants SUBCONTRACTORS shall be deemed to have materially breached the Consultant CONTRACTOR Immigration Warranty if the Consultant CONTRACTOR or Sub Consultant SUBCONTRACTOR establishes that is it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214, Subsection A.A. This Agreement may be canceled in accordance with A.R.S. §38-511. CONTRACTOR hereby certifies that is it not currently engaged in, and agrees for the duration of this Contract that it will not engage in, a boycott of Israel, as that term is defined in A.R.S. §35-393.
Appears in 1 contract
Samples: Contractor Services Agreement
Compliance with Federal and State Laws. 9.1. The Consultant Consultant, and on behalf of any subconsultant or Subcontractor, understands and acknowledges the applicability to it of the Americans American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989.
9.2. Under Consultant, and on behalf of any subconsultant or Subcontractor, warrants, to the provisions of extent applicable under A.R.S. §§ 41-4401, Consultant hereby warrants to the Town that the Consultant and each of its Sub Consultants (‘Sub Consultants”) will comply with, and are contractually obligated to comply with, compliance with all Federal Immigration federal immigration laws and regulations that relate to their employees and as well as compliance with A.R.S. §§ 23-214(A) (hereinafter “Consultant Immigration Warranty”)which requires registration and participation in the E-Verify Program.
9.3. A Any breach of the Consultant Immigration Warranty shall constitute warranty under this section is considered a material breach of the this Agreement and shall is subject the Consultant to penalties up to and including terminations termination of this Agreement at the sole discretion of the TownAgreement.
9.4. The Town District retains the legal right to inspect the papers of any Consultant Consultant, subconsultant, or Sub Consultant’s Subcontractor employee who works on performs work under this Agreement to ensure that the Consultant Consultant, subconsultant or any Sub Consultant Subcontractor is complying compliant with the warranty under this section.
9.5. District may conduct random inspections, and upon request of District, Consultant Immigration Warrantywill provide copies of papers and records of Consultant demonstrating continued compliance with the warranty under this section. Consultant agrees to assist keep papers and records available for inspection by the Town District during normal business hours and will cooperate with District in regard exercise of its statutory duties and not deny access to its business premises or applicable papers or records for the purposes of enforcement of this section.
9.6. Consultant agrees to incorporate into any such inspectionssubcontracts under this Agreement the same obligations imposed upon Consultant and expressly accrue those obligations directly to the benefit of the District. The Town mayConsultant also agrees to require any subconsultant or Subcontractor to incorporate into each of its own subcontracts under this Agreement the same obligations above and expressly accrue those obligations to the benefit of the District.
9.7. Consultant's warranty and obligations under this section to the District is continuing throughout the term of this Agreement or until the District determines, at in its sole discretion, conduct random verification of the employment records of the Consultant and any of the Sub Consultants to ensure that Arizona law has been modified in that compliance with Consultant’s Immigration Warranty. Consultant agrees to assist the Town in regard to any random verification performed. Neither the Consultant nor any of the Sub Consultants shall be deemed to have materially breached the Consultant Immigration Warranty if the Consultant or Sub Consultant establishes that this section is has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214, Subsection A.no longer a requirement.
Appears in 1 contract
Samples: Professional Services Agreement