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Interlocal Cooperative Agreement - Development of Real Property in Renewable Energy Drive Subdivision – INDOT
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Interlocal Cooperative Agreement - Development of Real Property in Renewable Energy Drive Subdivision – INDOT
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5/24/2022 3:20:24 PM
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Board of Public Works
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Contracts
Document Date
5/24/2022
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<br />Page 9 of 16 <br /> <br />programs; and (4) the penalties that may be imposed upon an employee for drug abuse <br />violations occurring in the workplace; <br /> <br />C. Notifying all employees in the statement required by subparagraph (A) above that as a <br />condition of continued employment, the employee will (1) abide by the terms of the <br />statement; and (2) notify the party of any criminal drug statute conviction for a violation <br />occurring in the workplace no later than five (5) days after such conviction; <br /> <br />D. Notifying the State in writing within ten (10) days after receiving notice from an <br />employee under subdivision C. (2) above, or otherwise receiving actual notice of such <br />conviction; <br /> <br />E. Within thirty (30) days after receiving notice under subdivision C.(2) above of a <br />conviction, imposing the following sanctions or remedial measures on any employee who <br />is convicted of drug abuse violations occurring in the workplace: (1) taking appropriate <br />personnel action against the employee, up to and including termination; or (2) requiring <br />such employee to satisfactorily participate in a drug abuse assistance or rehabilitation <br />program approved for such purposes by a federal, state or local health, law enforcement, <br />or other appropriate agency; and <br /> <br />F. Making a good faith effort to maintain a drug-free workplace through the implementation <br />of subparagraphs A. through E. above. <br /> <br />3.15. Employment Eligibility Verification. As required by IC §22-5-1.7, each party swears or <br />affirms under the penalties of perjury that it does not knowingly employ an unauthorized alien. The <br />certifying party further agrees that: <br /> <br />A. It shall enroll in and verify the work eligibility status of all his/her/its newly hired <br />employees through the E-Verify program as defined in IC §22-5-1.7-3. The certifying <br />party is not required to participate should the E-Verify program cease to exist. <br /> <br />B. It shall not knowingly employ or contract with an unauthorized alien. The certifying party <br />shall not retain an employee or contract with a person that it subsequently learns is an <br />unauthorized alien. <br /> <br />C. It shall require its subcontractors, who perform work under this Agreement, to certify <br />that the subcontractor does not knowingly employ or contract with an unauthorized alien <br />and that the subcontractor has enrolled and is participating in the E-Verify program. The <br />certifying party agrees to maintain this certification throughout the duration of the term <br />of a contract with a subcontractor. <br /> <br /> Either party may terminate for default if the certifying party fails to cure a breach of this <br />provision no later than thirty (30) days after being notified. <br /> <br />3.16. Employment Option. [OMITTED – NOT APPLICABLE.] <br /> <br />3.17. Force Majeure. In the event that any party is unable to perform any of its obligations under <br />this Agreement or to enjoy any of its benefits because of natural disaster or decrees of governmental
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