Contract - Construction of School Zone Flashing Beacons DES 1891249 - INDOT

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Page 8 of 16 incorporated by reference. The enactment or modification of any applicable state or federal statute or the promulgation of rules or reg ulations there under, after execution of this Contract shall be reviewed by INDOT and the LPA to determine whether the provisions of this Contract require formal modification. 6.6.2. The LPA acknowledges that federal requirements provide for the possible loss of federal funding to one degree or another when the requirements of Public Law 91 -646 and other applicable federal and state laws, rules and regulations are not complied with. 6.6.3. The LPA acknowledges paragraph 7 of the Federal Highway Program Ma nual, Volume 7, Chapter 1, Section 3, entitled "Withholding Federal Participation" which is herewith quoted in part as follows: "Where correctable noncompliance with provisions of law or FHWA requirements exist, federal funds may be withheld until complia nce is obtained. Where compliance is not correctable, the FHWA may deny participation in parcel or project costs in part or in total." 6.6.4 . The LPA and its agents shall abide by all ethical requirements that apply to persons who have a business relatio nship with the State as set forth in IC §4-2-6, et seq., IC §4-2-7, et seq. and the regulations promulgated thereunder. If the LPA has knowledge, or would have acquired knowledge with reasonable inquiry, that a state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has a financial interest in the Contract, the LPA shall ensure compliance with the disclosure requirements in IC 4-2-6-10.5 prior to the execution of this Contract. If the LPA is not familiar with these e thical requirements, the LPA should refer any questions to the Indiana State Ethics Commission, or visit the Inspector General's website at http://www.in.gov/ig/. If the LPA or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this Contract immediately upon notice to the LPA. In addition, the LPA may be subject to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws. 6.6.5. The LPA warrants that the LPA and its contractors shall obtain and maintain all required permits, licenses, registrations, and approvals, and shall comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities under this Contract. Failure to do so may be deemed a material breach of this Contract and grounds for immediate termination and denial of further work with the State. 6.6.6. As required by IC §5-22-3-7: (1) The LPA and any principals of the LPA certify that: A. the LPA, except for de minimis and nonsystematic violations, has not violated the terms of: (i) IC §24-4.7 [Telephone Solicitation Of Consumers]; (ii) IC §24-5-12 [Telephone Solicitations]; or (iii) IC §24-5-14 [Regu lation of Automatic Dialing Machines]; in the previous three hundred sixty -five (365) days, even if IC §24-4.7 is preempted by federal law; and B. the LPA will not violate the terms of IC §24-4.7 for the duration of the Contract, even if IC §24-4.7 is preempted by federal law. (2) The LPA and any officials of the LPA certify that an affiliate or official of the LPA and any agent acting on behalf of the LPA or on behalf of an affiliate or official of the LPA except for de minimis and nonsystematic violations, A. has not violated the terms of IC §24-4.7 in the previous three hundred sixty -five (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 Contract, even if IC §24-4.7 is preempted by federal law. DocuSign Envelope ID: 483536D7-D78A-4B48-8A1C-C6C0ED1B8552 In Process