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(I) the Grantee and any principals of the Grantee certify that <br />(A) the Grantee, except for de minimis and nonsystematic violations, has <br />not violated the teens of <br />(i) Indiana Code § 24.7 [Telephone Solicitation of Consumers], <br />(ii) Indiana Code ~ 24-~-12 [Telephone Solicitations], or <br />(iii) Indiana Code § 24-5-14 [Regulation of Automatic Dialing <br />Machines] in the previous three hundred sixty-five (365) days, <br />even if hrdiana Code ~ 24.7 is preempted by federal lav ;and <br />(R) the Grantee will not violate the terms of Indiana Code § 24-4.7 for <br />the duration of the Agreement, even if Indiana Code § 24-x.7 is <br />preempted by federal law. <br />(2) The Grantee and any principals of the Grantee certify that an affiliate or <br />principal of the Grantee and any agent acting on behalf of the Grantee or <br />on behalf of an affiliate or principal of flee Grantee: <br />(A) except for de minimis and nonsystematic violations, has not violated <br />the terms of Indiana Code § 24-4.7 in the previous three hundred <br />sixty-five (365) days, even if Indiana Code ~ 24}.7 is preempted by <br />federal law; and <br />(B) will not violale the terms of Lidiana Code § 24-4.7 for the duration <br />of the Agreement, even if Indiana Code § 24-4.7 is preempted by <br />federal law. <br />13. DRUG-FREE WORKPLACE CERTIFICATION: <br />(A.) The City hereby covenants and agrees to make a good faith effort to provide and <br />maintain adrug-free workplace during the term of this Agreement. City will give <br />written notice to the IF_,DC within ten (10) days after receiving actual notice that <br />the City, or an employee of the City in the State of Indiana has been convicted of <br />a criminal drug violation occurring in City's workplace. <br />(B.) It is further expressly agreed that a false certification, a violation of the <br />certification or the failure of the City to in good faith comply with the terms of <br />this Paragraph shall constitute a material breach of this Agreement and shall <br />entitle the IEDC to impose, or may otherwise result in; sanctions against the City <br />including, but not limited to, suspension or termination of this Agreement and/or <br />the debarment of the City from doing further business with the IEDC and the <br />State of Indiana for up to three (3) years. <br />(C.) In addition to the provisions of above paragraphs, if the total Agreement amount <br />set forth in the Agreement is in excess of Twenty-Five Thousand Dollars <br />($25,000.00), the City hereby further agrees that this Agreement is expressly <br />subject to the terms, conditions and representations of the following Certification: <br />This certifzcatiorz is required by Executive Order No. 90-5, April 12, 1990, issued <br />by the Governor of Indiana. Pursuant to its delegated authority, the Indiana <br />-9- <br />