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Authorizing & Approving the execution of a certified Technology Park Agreement with the Redevelopment Commission, and the Indiana Economic Development Corporation
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Authorizing & Approving the execution of a certified Technology Park Agreement with the Redevelopment Commission, and the Indiana Economic Development Corporation
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3/11/2009 3:14:13 PM
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3/11/2009 3:14:12 PM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
12/8/2008
Ord-Res Number
3929-08
Bill Number
08-110
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and/or this Agreement suspended until the City is current in its payments and has <br />submitted proof of such payment to the IEDC. <br />(D.) The City warrants that it has no current or outstanding criminal, civil, or <br />enforcement actions initiated by the State of Indiana pending, and agrees that it <br />will immediately notify the IEDC of any such actions. During the term of such <br />actions, the City agrees that the IEDC may delay, withhold, or deny work or <br />funding under this Agreement. <br />(E.) If a valid dispute exists as to the City's liability or guilt in any action initiated by <br />the IEDC, the State of Indiana or its agencies, and the IEDC decides to delay, <br />withhold, or deny funding to the City, the City may request that funding be <br />continued. The City must submit, in writing, a request for review to the Indiana <br />Department of Administration (IDOA) following the procedures for disputes <br />outlined herein. A determination by IDOA shall be binding on the parties. Any <br />payments that the IEDC may delay, withhold, deny, or apply under this paragraph <br />shall not be subject to penalty or interest under Indiana Code § 5-17-5. <br />(F.) The City warrants that the City and its grantees and contractors, if any, shall <br />obtain and maintain all required permits, licenses, and approvals, as well as <br />comply with all health, safety, and environmental statutes, rules, or regulations in <br />the performance of work activities at the Park. Failure to do so is a material <br />breach of this Agreement and grounds for immediate suspension of this <br />Agreement, and if it persists in a material way, for termination of the Agreement <br />and denial of further assistance from the IEDC. <br />(G.) The City hereby affirms that the Governmental Unit is a "unit" as such term is <br />defined in Indiana Code § 36-1-2-23 and used in the Act, that it owes no <br />outstanding reports to the Indiana Secretary of State, and that it is in good <br />standing with the Indiana Department of Revenue. The City also affirms that (1) <br />there are no outstanding enforcement actions against it by agencies of the State of <br />Indiana, and (2) there are no significant workforce issues pending against the <br />City. The below named signatory(ies) hereby warrant that they are authorized to <br />make such affirmations to the IEDC. <br />(H.) City agrees that the IEDC may confum, at any time, that no liabilities exist to the <br />IEDC or the State of Indiana, and, if such liabilities are discovered, that IEDC or <br />the State of Indiana may bar the City from contracting with the IEDC or the State <br />of Indiana in the future, cancel existing contracts, withhold payments to setoff <br />such obligations, and withhold further payments or purchases until the entity is <br />current in its payments on its liability to the IEDC or the State of Indiana and has <br />submitted proof of such payment to the IEDC or the State of Indiana. <br />12. COMPLIANCE WITH TELEPHONE SOLICITATIONS ACT: <br />The City shall abide by Indiana Code § 5-22-3-7 and include the following in any <br />agreement or contract with a grantee or contractor (the "Grantee"). <br />-8- <br />
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