Authorizing & Approving the execution of a certified Technology Park Agreement with the Redevelopment Commission, and the Indiana Economic Development Corporation

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(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 § 24-4.7 [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 § 24-4.7 is preempted by federal law; and (B) the Grantee will not violate the terms of Indiana Code § 24-4.7 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 § 24.7 is preempted by federal law; and (B) will not violate the terms of Indiana Code § 24.7 for the duration of the Agreement, even if Indiana Code § 24-4.7 is preempted by federal law. 13. DRUGFREE WORKPLACE CERTIFICATION: (A.) The City hereby covenants and agrees to make a good faith effort to provide and maintain adrug-free workplace during the term of this Agreement. City will give written notice to the IEDC within ten (10) days after receiving actual notice that the City, or an employee of the City in'the State of Indiana has been convicted of a criminal drug violation occurring in City's workplace. (B.) It is further expressly agreed that a false certification, a violation of the certification or the failure of the City~to in good faith comply with the terms of this Paragraph shall constitute a material breach of this Agreement and shall entitle the IEDC to impose, or may otherwise result in, sanctions against the City including, but not limited to, suspension or termination of this Agreement and/or the debarment of the City from doing further business with the IEDC 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), the City 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 -9-