6.F.(2) Tech Dev Grant Fund Grant Agreement

Home Browse Search

PROJEC"i LD.: 401499 (E.) If a valid dispute exists as to the Grantee's liability or guilt in any action initiated by the Grantor, the State of Indiana or its agencies, and the Grantor decides to delay, withhold, or deny funding to the Grantee, the Grantee may request that funding be continued. The Grantee must submit, in writing, a request for review to the Indiana Department of Administration (IDOA) following the procedures for disputes outlined herein. A determination by IDOA shall be binding on the parties. Any payments that the Grantor may delay, withhold, deny, or apply under this paragraph shall not be subject to penalty or interest under Indiana Code § 5-17-5. (F.) The Grantee warrants that the Grantee and its subcontractors, if any, shall obtain and maintain all required permits, licenses, and approvals, as well as comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for the State. Failure to do so is a material breach of the Grant Agreement and grounds for immediate termination of the Grant Agreement and denial of further work with the State. (G.) The Grantee hereby affirms that it is properly registered and owes no outstanding reports with the Indiana Secretary of State and that it is in good standing with the Indiana Department of Revenue. Grantee also affirms that (1) there are no outstanding enforcement actions against it by agencies of the State of Indiana, and (2) there are no significant workforce issues pending against the Grantee. The below named signatory (ies) hereby warrant that they are authorized to make such affirmations to the Grantor. (H.) Grantee agrees that the State may confirm, at any time, that no liabilities exist to the Grantor or the State of Indiana, and, if such liabilities are discovered, that Grantor or the State of Indiana may bar Grantee from contracting with the Grantor or the State of Indiana in the future, cancel existing contracts, withhold payments to setoff such obligations, and withhold further payments or purchases until the entity is current in its payments on its liability to the Grantor or the State of Indiana and has submitted proof of such payment to the Grantor or the State of Indiana. 11. COMPLIANCE WITH TELEPHONE SOLICITATIONS ACT: As required by Indiana Code § 5-22-3-7: (1) the Grantee and any principals of the Grantee certify that (A) the Grantee, except for de minimis and nonsystematic violations, has not violated the terms of (i) Indiana Code § 241[.7 [Telephone Solicitation of Consumers], (ii) Indiana Code § 24-5-12 [Telephone Solicitations], or (iii) Indiana Code § 24-5-14 [Regulation of Automatic Dialing Machines] in the previous three hundred sixty-five (365) days, even if Indiana Code § 24.7 is preempted by federal law; and (B) the Grantee will not violate the terms of Indiana Code § 241[.7 for the duration of the Agreement, even if Indiana Code § 24-4.7 is preempted by federal law. (2) The Grantee and any principals of the Grantee certify that an affiliate or principal of the Grantee and any agent acting on behalf of the Grantee or on behalf of an affiliate or principal of the Grantee: (A) except for de minimis and nonsystematic violations, has not violated the terms of Indiana Code § 24-4.7 in the previous three hundred sixty-five (365) days, even if Indiana Code § 2411.7 is preempted by federal law; and (B) will not violate the terms of Indiana Code § 24-4.7 for the duration of the Agreement, even if Indiana Code § 241[.7 is preempted by federal law. 12. CONFLICT OF INTEREST: (A.) As used in this paragraph: (1.) "Immediate family" means the spouse and the unemancipated children of an individual. PAGE 6 of 12