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

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PROJ);CT LD.: 401497 (2.) "Interested party" means: (a.) The individual executing this Agreement; (b.) An individual who combined with his immediate family has an equity interest of one percent (1%) or more of the Grantee, if the Grantee is not an individual; or (c.) Any member of the immediate family of an individual specified under subdivision 1 or 2. (3.) "Department" means the Indiana Department of Administration. (4.) "Commission" means the State Ethics Commission. (B.) The Department may cancel this Agreement without recourse by the Grantee if any interested party (i) is an employee of the State of Indiana or the Grantor, (ii) is a state officer or special state appointee of the Grantor under Indiana Code § 4-2-6, or (iii) a public servant of the Grantor under Indiana Code § 35-44-1. (C.) The Department will not exercise its right of cancellation under subparagraph (B.) above if the Grantee gives the Department an opinion by the Commission indicating that the existence of this Agreement and the employment, election or appointment by the State of Indiana of the interested party does not violate any statute or code relating to ethical conduct of state employees, officers and special state appointees of the Grantor. The Department may take action, including cancellation of this Agreement consistent with an opinion of the Commission obtained under this paragraph. (D.) Grantee has an affirmative obligation under this Agreement to disclose to the Department when an interested party is or becomes an employee, officer or special state appointee of the State of Indiana. The obligation under this paragraph extends only to those facts that the Grantee knows or reasonably could know. 13. DRUG-FREE WORKPLACE CERTIFICATION: (A.) The Grantee hereby covenants and agrees to make a good faith effort to provide and maintain adrug-free workplace during the term of this Agreement. Grantee will give written notice to the State within ten (10) days after receiving actual notice that the Grantee, or an empioyee of the Grantee in the State of Indiana has been convicted of a criminal drug violation occurring in Grantee's workplace. (B.) It is further expressly agreed that a false certification, a violation of the certification or the failure of the Grantee to in good faith comply with the terms of this Paragraph shall constitute a material breach of this Agreement and shall entitle the State to impose, or may otherwise result in, sanctions against the Grantee including, but not limited to, suspension of grant payments, the termination of this Agreement and/or the debarment of the Grantee from doing further business with the Grantee and the State of Indiana for up to three (3) years. (C.) In addition to the provisions of above paragraphs, if the total Agreement amount set forth in the Agreement is in excess of Twenty-Five Thousand Dollars ($25,000.00), Grantee hereby further agrees that this Agreement is expressly subject to the terms, conditions and representations of the following Certification: This certification is required by Executive Order No. 90-5, April 12, 1990, issued by the Governor of Indiana. Pursuant to its delegated authority, the Indiana Department of Administration is requiring the inclusion of Phis certification in all grants with and grants from the State of Indiana in excess of $25,000.00. No award of a grant shal/ be made, and no grant, purchase order or agreement, the total amount of which exceeds $25,000.00, shall be valid, unless and until this certification has been fully executed by the Grantee and made part of the grant or agreement as part of the grant documents. The Grantee certifies and agrees that it will provide adrug-free workplace by: PAGE ? of 12