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Traffic Signal Maintenance Agreement - Provide Routine & Emergency Maintenance of Entire Traffic Signal System – INDOT
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Traffic Signal Maintenance Agreement - Provide Routine & Emergency Maintenance of Entire Traffic Signal System – INDOT
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8/10/2021 2:41:57 PM
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Board of Public Works
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Contracts
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8/10/2021
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<br />Page 14 of 42 <br />(2) The CITY and any principals of the CITY certify that an affiliate or principal <br />of the CITY and any agent acting on behalf of the CITY or on behalf of an <br />affiliate or principal of the CITY, except for de minimis and nonsystematic <br />violations, <br />(A) has not violated the terms of IC §24-4.7 in the previous 365 days, even if <br />IC §24-4.7 is preempted by federal law; and <br />(B) will not violate the terms of IC §24-4.7 for the duration of the Agreement, <br />even if IC §24-4.7 is preempted by federal law. <br />3.9 CONDITION OF PAYMENT. All services provided by the CITY under this Agreement <br />must be performed to the State’s reasonable satisfaction, as determined at the discretion of the <br />undersigned State representative and in accordance with all applicable federal, state, local laws, <br />ordinances, rules and regulations. The State shall not be required to pay for work found to be <br />unsatisfactory, inconsistent with this Agreement or performed in violation of federal, state or local <br />statute, ordinance, rule or regulation. <br />3.10 CONFIDENTIALITY OF STATE INFORMATION. [OMITTED – NOT APPLICABLE] <br />3.11 CONTINUITY OF SERVICES. [OMITTED – NOT APPLICABLE] <br />3.12 DEBARMENT AND SUSPENSION. The CITY certifies by entering into this Agreement <br />that neither it nor its principals nor any of its contractors or subcontractors are presently debarred, <br />suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this <br />Agreement by any federal agency or by any department, agency or political subdivision of the State of <br />Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, <br />partner, key employee or other person with primary management or supervisory responsibilities, or a <br />person who has a critical influence on or substantive control over the operations of the CITY. <br /> The CITY certifies that it has verified the state and federal suspension and debarment status <br />for all contractors receiving funds under this Agreement and shall be solely responsible for any <br />recoupment, penalties or costs that might arise from use of a suspended or debarred contractor or <br />subcontractor. The CITY shall immediately notify INDOT if any contractor or subcontractor becomes <br />debarred or suspended, and shall, at INDOT’s request, take all steps required by INDOT to terminate <br />its contractual relationship with the contractor or subcontractor for work to be performed under this <br />Agreement. <br />3.13 DEFAULT BY STATE. [OMITTED – NOT APPLICABLE]
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