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DocuSign Envelope ID: D03C8C27-BC48-44C8-851D-368459E6CCB2
c. Notices, advertisements and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section.
d. The Contractor will include the provisions of the foregoing paragraphs (a), (b) and (c) in
every subcontract or purchase order of over ten thousand dollars ($10,000) so that the
provisions will be binding upon each subcontractor or vendor.
17. Drug Free Workplace. During the performance of this Agreement, the Contractor agrees to (i)
provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places,
available to employees and applicants for employment, a statement notifying employees that the
unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled
substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that
will be taken against employees for violations of prohibition; (iii) state in all solicitations or
advertisements for employees placed by or on behalf of the Contractor that the Contractor
maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every
subcontract or purchase order of over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
For the purposes of this subsection, “A drug-free workplace” means a site for the performance of
work done in connection with a specific contract awarded to a contractor in accordance with this
subsection, the employees of whom are prohibited from engaging in the unlawful manufacture,
sale, distribution, dispensation, possession or use of any controlled substance or marijuana during
the performance of the contract.
18. Hold Harmless and Indemnification. Contractor shall indemnify, defend and hold harmless the
City, its officers, agents, and employees from any claims, damages and actions of any kind or
nature, whether at law or in equity, arising from or caused by lack of performance, unlawful acts
or omissions, or the negligent or willful acts or omissions of Contractor or its subcontractors or
sub-consultants. Further, if the Contractor subcontracts any work, it will require in its
subcontracts that each contractor indemnify defend and hold harmless the City as stated above.
19. Laws and Regulations. The Contractor shall keep fully informed of all federal, state and local
laws, ordinances and regulations that in any manner affect the conduct of the work. The
Contractor shall at all times observe and comply with all such laws, ordinances and regulations.
20. Governing Law and Venue. This Agreement is subject to the laws of the Commonwealth of
Virginia and the Newport News City Code. Any litigation with respect thereto shall be brought in
the courts of the City of Newport News, Virginia, or the United States District Court for the
Eastern District of Virginia, Newport News Division.
21. Rights Under Antitrust Laws. The Contractor assigns to the City any and all rights that it may
have under the antitrust laws of the United States and the Commonwealth of Virginia in any way
arising from or pertaining to this Agreement. This provision is remedial in nature and is to be
liberally construed by any court in favor of the City.
22. Immigration Reform and Control Act of 1986. The Contractor certifies that he/she does not
and shall not during the performance of the Agreement for goods and services in the
Commonwealth of Virginia, knowingly employ unauthorized aliens as defined in the Federal
Immigration Reform and Control Act of 1986, as amended.
23. Assignment of Agreement. An Agreement shall not be assignable by the Contractor in whole or
in part without the written consent of the City.
24. Termination for Convenience. The City may terminate an Agreement when funds are not
appropriated for the specified goods or services or when it is determined to be in the City’s best
interest without providing specific cause.
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