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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 8 of 16 <br /> <br />6.6. Compliance with Laws. <br /> <br /> 6.6.1. The LPA shall comply with all applicable federal, state and local laws, rules, regulations <br />and ordinances, and all provisions required thereby to be included herein are hereby <br />incorporated by reference. The enactment or modification of any applicable state or federal <br />statute or the promulgation of rules or regulations there under, after execution of this <br />Contract shall be reviewed by INDOT and the LPA to determine whether the provisions of <br />this Contract require formal modification. <br /> <br /> 6.6.2. The LPA acknowledges that federal requirements provide for the possible loss of federal <br />funding to one degree or another when the requirements of Public Law 91 -646 and other <br />applicable federal and state laws, rules and regulations are not complied with. <br /> <br /> 6.6.3. The LPA acknowledges paragraph 7 of the Federal Highway Program Manual, Volume 7, <br />Chapter 1, Section 3, entitled "Withholding Federal Participation" which is herewith quoted <br />in part as follows: "Where correctable noncompliance with provisions of law or FHWA <br />requirements exist, federal funds may be withheld until compliance is obtained. Where <br />compliance is not correctable, the FHWA may deny participation in parcel or project costs <br />in part or in total." <br /> <br /> 6.6.4 . The LPA and its agents shall abide by all ethical requirements that apply to persons who <br />have a business relationship with the State as set forth in IC §4-2-6, et seq., IC §4-2-7, et <br />seq. and the regulations promulgated thereunder. If the LPA has knowledg e, or would <br />have acquired knowledge with reasonable inquiry, that a state officer, employee, or <br />special state appointee, as those terms are defined in IC 4 -2 -6-1, has a financial <br />interest in the Contract, the LPA shall ensure compliance with the disclosure <br />requirements in IC 4 -2-6 -10.5 prior to the execution of this Contract. If the LPA is not <br />familiar with these ethical requirements, the LPA should refer any questions to the Indiana <br />State Ethics Commission, or visit the Inspector General's website at <br />http ://www.in.gov/ig/. If the LPA or its agents violate any applicable ethical standards, the <br />State may, in its sole discretion, terminate this Contract immediately upon notice to the <br />LPA. In addition, the LPA may be subject to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1- <br />4, and under any other applicable laws. <br /> <br /> 6.6.5. The LPA warrants that the LPA and its contractors shall obtain and maintain all required <br />permits, licenses, registrations, and approvals, and shall comply with all health, safety, and <br />environmental statutes, rules, or regulations in the performance of work activities under this <br />Contract. Failure to do so may be deemed a material breach of this Contract and grounds <br />for immediate termination and denial of further work with the State. <br /> <br /> 6.6.6. As required by IC §5-22-3-7: <br />(1) The LPA and any principals of the LPA certify that: <br />A. the LPA, except for de minimis and nonsystematic violations, has not violated <br />the terms of: <br />(i) IC §24-4.7 [Telephone Solicitation Of Consumers]; <br />(ii) IC §24-5-12 [Telephone Solicitations]; or <br />(iii) IC §24-5-14 [Regulation of Automatic Dialing Machines]; <br /> in the previous three hundred sixty -five (365) days, even if IC §24-4.7 <br />is preempted by federal law; and <br />B. the LPA will not violate the terms of IC §24-4.7 for the duration of the Contract, <br />even if IC §24-4.7 is preempted by federal law. <br /> <br />(2) The LPA and any officials of the LPA certify that an affiliate or official of the LPA and <br />any agent acting on behalf of the LPA or on behalf of an affiliate or official of the LPA <br />except for de min imis and nonsystematic violations, <br />DocuSign Envelope ID: 40B33FC5-11C0-4143-818C-D6F82D8FD525
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