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Contract - Construction of School Zone Flashing Beacons DES 1891249 - INDOT
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Contract - Construction of School Zone Flashing Beacons DES 1891249 - INDOT
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10/12/2021 2:01:24 PM
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Board of Public Works
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Contracts
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10/12/2021
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Page 11 of 16 <br />such purposes by a federal, state or local health, law enforcement, or other appropriate <br />agency; and <br /> <br />F. Making a good faith effort to maintain a drug -free workplace through the implementation of <br />subparagraphs (A) through (E) above. <br /> <br />6.11. Employment Eligibility Verification . The LPA affirms under the penalties of perjury that they do not <br />knowingly employ an unauthorized alien. The LPA further agrees that: <br /> <br />A. The LPA shall enroll in and verify the work eligibility status of all its newly hired employees <br />through the E-Verify program as defined in IC 22 -5-1.7-3. The LPA is not required to <br />participate should the E-Verify program cease to exist. Additionally, the LPA is not required to <br />participate if the LPA is self-employed and do not employee any employees. <br /> <br />B. The LPA shall not knowingly employ or contract with an unauthorized alien. The LPA shall not <br />retain an employee or contract with a person that the LPA subseq uently learns is an <br />unauthorized alien. <br /> <br />C. The LPA shall require its contractors, who perform work under this Contract, to certify to the <br />LPA that the contractor does not knowingly employ or contract with an unauthorized alien and <br />that the contractor has en rolled and is participating in the E-Verify program. The LPA agrees to <br />maintain this certification throughout the duration of the term of a contract with a contractor. <br /> The State may terminate for default if the LPA fails to cure a breach of this provision no <br />later than thirty (30) days after being notified by the State. <br /> <br />6.12. Force Majeure . In the event that any Party is unable to perform any of its obligations under this <br />Contract or to enjoy any of its benefits because of natural disaster or decrees of governmental bodies <br />not the fault of the affected Party (hereinafter referred to as a "Force Majeure Event"), the Party who <br />has been so affected shall immediately or as soon is reasonably possible under the circumstances give <br />notice to the other Party and shall do everything possible to resume performance. Upon receipt of such <br />notice, all obligations under this Contract shall be immediately suspended. If the period of <br />nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the <br />Party whose ability to perform has not been so affected may, by giving written notice, terminate this <br />Contract. <br /> <br />6.13. Funding Cancellation Clause . As required by Financial Management Circular 2007-1 and IC 5-22- <br />17 -5, when the Director of the State Budget Agency makes a written determination that funds are not <br />appropriated or otherwise available to support continuation of the performance of this Contract, this <br />Contract shall be canceled. A determination by the Director of the State Budget Agen cy that funds <br />are not appropriated or otherwise available to support continuation of performance shall be final and <br />conclusive. <br /> <br />6.14. Governing Laws . This Contract shall be governed, construed and enforced in accordance with the <br />laws of the State of Indiana, without regard to its conflict of laws rules. Suit, if any, must be brought <br />in the State of Indiana. <br /> <br />6.15. Indemnification. The LPA agrees to indemnify, defend, exculpate, and hold harmle ss the State of <br />Indiana, and INDOT and/or its/their officials, agents, representatives, attorneys and employees, <br />individually and/or jointly, from any and all claims, demands, actions, liability and/or liens that may <br />be asserted by the LPA and/or by any ot her person, firm, corporation, insurer, government or other <br />legal entity, for any claim for damages arising out of any and all loss, damage, injuries, and/or other <br />casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on or <br />other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone <br />DocuSign Envelope ID: 483536D7-D78A-4B48-8A1C-C6C0ED1B8552 <br />In Process
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