Traffic Signal Maintenance Agreement - Provide Routine & Emergency Maintenance of Entire Traffic Signal System

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Page 14 of 42 (2) The CITY and any principals of the CITY certify that an affiliate or principal of the CITY and any agent acting on behalf of the CITY or on behalf of an affiliate or principal of the CITY, except for de minimis and nonsystematic violations, (A) has not violated the terms of IC §24-4.7 in the previous 365 days, even if IC §24-4.7 is preempted by federal law; and (B) will not violate the terms of IC §24-4.7 for the duration of the Agreement, even if IC §24-4.7 is preempted by federal law. 3.9 CONDITION OF PAYMENT. All services provided by the CITY under this Agreement must be performed to the State’s reasonable satisfaction, as determined at the discretion of the undersigned State representative and in accordance with all applicable federal, state, local laws, ordinances, rules and regulations. The State shall not be required to pay for work found to be unsatisfactory, inconsistent with this Agreement or performed in violation of federal, state or local statute, ordinance, rule or regulation. 3.10 CONFIDENTIALITY OF STATE INFORMATION. [OMITTED – NOT APPLICABLE] 3.11 CONTINUITY OF SERVICES. [OMITTED – NOT APPLICABLE] 3.12 DEBARMENT AND SUSPENSION. The CITY certifies by entering into this Agreement that neither it nor its principals nor any of its contractors or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the CITY. The CITY certifies that it has verified the state and federal suspension and debarment status for all contractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred contractor or subcontractor. The CITY shall immediately notify INDOT if any contractor or subcontractor becomes debarred or suspended, and shall, at INDOT’s request, take all steps required by INDOT to terminate its contractual relationship with the contractor or subcontractor for work to be performed under this Agreement. 3.13 DEFAULT BY STATE. [OMITTED – NOT APPLICABLE]