Professional Services Agreement - Indiana Finance Authority Indiana Brownsfield Program

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B. In addition to subdivision A. of this Section, if the SEP Funds exceed $25,000, the SEP Recipient further agrees that this Agreement is expressly subject to the terms, conditions, and representations of the following certification: This certification is required by Executive Order No. 90-5. April 12, 1990, issued by the Governor of Indiana. Pursuant to its delegated authority, the Indiana Departnient of Administration is requiring the inclusion of this certification in all contracts and -rants from die Slate in excess of $25,000. No swat d of a contract shall be made, and no contract, purchase order or agreement, the total amount of which exceeds $25,000, shall be valid, unless and until this certification has been fully executed by the SEP Recipient and made a part of the contract or agreement as part of the contract documents. The SEP Recipient certifies and agrees that it will provide a drug -free workplace by: (1) Publishing and providing to all of its employees a statement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the SEP Recipient's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) F'Stabihhing a drug -free awareness program to inform it's employees of (a) the dangers ofdruo abuse in the %Yorkplace,- (b) the SEP Recipient's policy ormaintaining a drug-fi-cc workplace; (C) any available drug counseling. rehabilitation, and employee assistance progratns; and (d) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; (3) Notifying all employees in the statement required by subparagraph (A) above that as a condition of continued employment, the employee will (a) abide by the terms of the statement; and (b) notify the SEP Recipient of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction; (4) Notifying the Authority within 10 days after receiving notice from an employee under subdivision (3)(b) above, or other -wise receiving actual notice of such conviction; (5) Within 30 days after receiving notice under subdivision (3)(b) above of a conviction, imposing the followine, sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (a) taking appropriate personnel action against the I employee, tip to and including termination, or (bp requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved (or such purposes by a fle,deral, state, or local health, law enforcement, or other appropriate agency; and (6) Making a good faith effort to maintain a drug -free workplace through the implementation of subparagraphs (1) through (5) above. C. The SEP Recipient and any ,ubcontractors further agree that the failure of the SEP Recipient and any subcontractor 10 Comply in good faith with subdivision A. of this Section, or t4lsifying or otherwise violating subdivision B, of this Section, shall constitute a material breach of this Agreement. Any breach entitles the Authority to impose sanctions against the SEP Recipient and any subcontractors, including" (but not limited to) recovery of the SEP Funds, cancellation of this Agreement, and debarment of the SEP Recipient or any subcontractor from doing further business with the Authority or the State for up to 3 years. 1' a "i BLIJ N X In the event that either party is unable to perform any of its obligations under this Agreement, or to enjoy the benefits of this Agreement, as a result of natural disaster, actions or decrees of governmental bodies or communication lint, failure not the fault of the affected party ("Force MaJeure Event"), the party who has been so affected shall immediately ive notice to the other party and shall do everything Possible to resume performance. I- I I