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Contract - Safe Routes to School Muessel Primary and Holy Cross School - INDOT – Local Public Agency
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Contract - Safe Routes to School Muessel Primary and Holy Cross School - INDOT – Local Public Agency
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Board of Public Works
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Contracts
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6/14/2022
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Page 11 of 16 <br />D. Notifying the State in writing within ten (10) days after receiving notice from an employee <br />under subdivision (3)(2) above, or otherwise receiving actual notice of such conviction; <br /> <br />E. Within thirty (30) days after receiving notice under subdivision (3)(2) above of a conviction, <br />imposing the following sanctions or remedial measures on any employee who is convicted of <br />drug abuse violations occurring in the workplace: (1) taking appropriate personnel action <br />against the employee, up to and including termina tion; or (2) requiring such employee to <br />satisfactorily participate in a drug abuse assistance or rehabilitation program approved for <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 subsequently 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 enrolled 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 fai ls 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 circumstanc es 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 3.3 and IC 5 -22-17- <br />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 t he Director of the State Budget Agency 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 />DocuSign Envelope ID: 40B33FC5-11C0-4143-818C-D6F82D8FD525
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