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Page 9 of 16 <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 minimis and nonsystematic violations, <br /> <br />A. has not violated the terms of IC §24-4.7 in the previous three hundred sixty -five <br />(365) days, even if IC §24-4.7 is preempted by federal law; and <br /> <br />B. will not violate the terms of IC §24-4.7 for the duration of the Contract, even if <br />IC §24-4.7 is preempted by federal law. <br /> <br />6.7. Debarment and Suspension. <br /> 1. The LPA certifies by entering into this Contract that neither it nor its principals nor any of its <br />contractors are presently debarred, suspended, proposed for debarment, declared ineligible or <br />voluntarily excluded from entering into this Contract by any federal agency or by any <br />department, agency or political subdivision of the State of Indiana. The term "principal" for <br />purposes of this Contract mea ns an officer, director, owner, partner, key employee or other <br />person with primary management or supervisory responsibilities, or a person who has a <br />critical influence on or substantive control over the operations of the LPA. <br /> <br />2. The LPA certifies that it will verify the state and federal suspension and debarment status for all <br />contractors receiving funds under this Contract and shall be solely responsible for any <br />recoupment, penalties or costs that might arise from use of a suspended or debarred contractor . <br />The LPA shall immediately notify INDOT if any contractor becomes debarred or suspended, <br />and shall, at INDOT's request, take all steps required by INDOT to terminate its contractual <br />relationship with the contractor for work to be performed under this Con tract. <br />6.8. Disadvantaged Business Enterprise Program. Notice is hereby given to the LPA or a LPA <br />Contractor that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall <br />constitute a breach of this Contract and, after notification, may result in termination of this Contract <br />or such remedy as INDOT deems appropriate. <br />The referenced section requires the following policy and disadvantaged business enterprise ("DBE") <br />assurance to be included in all subsequent contracts between the LPA and any contractors, vendors <br />or suppliers: <br />The LPA shall not discriminate on the basis of race, color, national origin, or sex in the <br />performance of this Contract. The LPA shall carry out applicable requirements of 49 CFR <br />Part 26 in the award and administrat ion of DOT-assisted contracts. Failure by the LPA to <br />carry out these requirements is a material breach of this Contract, which may result in the <br />termination of this Contract or such other remedy, as INDOT, as the recipient, deems <br />appropriate. <br /> As part of t he LPA's equal opportunity affirmative action program, it is required that the LPA shall <br />take positive affirmative actions and put forth good faith efforts to solicit proposals or bids from and <br />to utilize disadvantaged business enterprise contractors, vend ors or suppliers. <br /> <br />6.9. Disputes . <br /> <br /> 6.9.1. Should any disputes arise with respect to this Contract, the LPA and INDOT agree to act <br />immediately to resolve such disputes. Time is of the essence in the resolution of disputes. <br /> <br /> 6.9.2. The LPA agrees that, the existence of a dispute notwithstanding, it shall continue without <br />delay to carry out all of its responsibilities under this Contract that are not affected by the <br />dispute. Should the LPA fail to continue to perform its responsibilities regarding all non - <br />DocuSign Envelope ID: B1357855-6DB1-4F84-9C68-8BC5666693E3