Professional Service Agreement
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9. E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Consultant warrant their compliance and that of its subconsultants with all federal immigration laws and regulations that relate to their employees and compliance with the E-verify requirements under A.RS.§ 23-214(A). The Consultant or subconsultant's breach of this warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by the City under the terms of this Agreement. The City retains the legal right to randomly inspect the papers and records of the other party to ensure that the other party is complying with the above-mentioned warranty. The Consultant and subconsultant warrant to keep their respective papers and records open for random inspection during normal business hours by the other party. The parties shall cooperate with the City's random inspections, including granting the inspecting party entry rights onto their respective properties to perform the random inspections and waiving their respective rights to keep such papers and records confidential. 10. No Boycott of Israel. The Parties agree that they are not currently engaged in and agree that for the duration of the Agreement they will not engage in, a boycott of Israel, as that term is defined in A.R.S. §35- 393. Unless and until the District Court's injunction in Jordahl v Brnovich, 336 F.Supp.3d 1016 (D.Ariz. 2018) is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. §35-393.01 (A)) (if applicable to this agreement) is unenforceable and the City will take no action to enforce it. 11. Attestation of PCI Compliance. When applicable, the Consultant will provide the City annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an officer of Consultant with oversight responsibility. 12. Notices. 12.1 A notice, request or other communication that is required or permitted under this Agreement (each a "Notice") will be effective only if: a. The Notice is in writing; and b. Delivered in person or by overnight courier service (delivery charges prepaid), certified or registered mail (return receipt requested). c. Notice will be deemed to have been delivered to the person to whom it is addressed as of the date of receipt, if: (1) Received on a business day before 5:00 p.m. at the address for Notices identified for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier service; or (2) As of the next business day after receipt, if received after 5:00 p.m. d. The burden of proof of the place and time of delivery is upon the Party giving the Notice. e. Digitalized signatures and copies of signatures will have the same effect as original signatures. 12.2 Representatives. a. Consultant. Consultant's representative (the "Consultant's Representative") authorized to act on Consultant's behalf with respect to the Project, and his or her address for Notice delivery is: Arizona Training & Evaluation Center, Inc. (AZTEC) Donna Ohling 7400 W. Olive Ave., Suite 24 Peoria, AZ 85345 6 1/2/2020