|
Page 4 of 9
<br />The enactment or modification of any applicable state or federal statute or the promulgation of rules or
<br />regulations thereunder after execution of this Grant Agreement shall be reviewed by the State and the
<br />Grantee to determine whether the provisions of this Grant Agreement require formal modification.
<br />
<br />B. The Grantee and its agents shall abide by all ethical requirements that apply to persons who have a
<br />business relationship with the State as set forth in IC § 4-2-6, et seq., IC § 4-2-7, et seq. and the regulations
<br />promulgated thereunder. If the Grantee has knowledge, or would have acquired knowledge with
<br />reasonable inquiry, that a state officer, employee, or special state appointee, as those terms are
<br />defined in IC 4-2-6-1, has a financial interest in the Grant, the Grantee shall ensure compliance with
<br />the disclosure requirements in IC § 4-2-6-10.5 prior to the execution of this Grant Agreement. If the
<br />Grantee is not familiar with these ethical requirements, the Grantee should refer any questions to the
<br />Indiana State Ethics Commission, or visit the Inspector General's website at http://www.in.gov/ig/. If the
<br />Grantee or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate
<br />this Grant immediately upon notice to the Grantee. In addition, the Grantee may be subject to penalties
<br />under IC §§ 4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.
<br />
<br />C. The Grantee certifies by entering into this Grant Agreement that neither it nor its principal(s) is presently
<br />in arrears in payment of taxes, permit fees or other statutory, regulatory or judicially required payments to
<br />the State. The Grantee agrees that any payments currently due to the State may be withheld from payments
<br />due to the Grantee. Additionally, payments may be withheld, delayed, or denied and/or this Grant
<br />suspended until the Grantee is current in its payments and has submitted proof of such payment to the State.
<br />
<br />D. The Grantee warrants that it has no current, pending or outstanding criminal, civil, or enforcement
<br />actions initiated by the State, and agrees that it will immediately notify the State of any such actions.
<br />During the term of such actions, the Grantee agrees that the State may suspend funding for the Project. If a
<br />valid dispute exists as to the Grantee's liability or guilt in any action initiated by the State or its agencies,
<br />and the State decides to suspend funding to the Grantee, the Grantee may submit, in writing, a request for
<br />review to the Indiana Department of Administration (IDOA). A determination by IDOA shall be binding
<br />on the parties. Any disbursements that the State may delay, withhold, deny, or apply under this section
<br />shall not be subject to penalty or interest.
<br />
<br />E. The Grantee warrants that the Grantee and any contractors performing work in connection with the
<br />Project shall obtain and maintain all required permits, licenses, registrations, and approvals, and shall
<br />comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work
<br />activities for the State. Failure to do so may be deemed a material breach of this Grant Agreement and
<br />grounds for immediate termination and denial of grant opportunities with the State.
<br />
<br />F. The Grantee affirms that, if it is an entity described in IC Title 23, it is properly registered and owes no
<br />outstanding reports to the Indiana Secretary of State.
<br />
<br />G. As required by IC § 5-22-3-7:
<br /> (1)The Grantee and any principals of the Grantee certify that:
<br /> (A) the Grantee, except for de minimis and nonsystematic violations, has not
<br />violated the terms of:
<br /> (i) IC § 24-4.7 [Telephone Solicitation Of Consumers];
<br /> (ii) IC § 24-5-12 [Telephone Solicitations]; or
<br /> (iii) IC § 24-5-14 [Regulation of Automatic Dialing Machines];
<br /> in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is
<br />preempted by federal law; and
<br /> (B) the Grantee will not violate the terms of IC § 24-4.7 for the duration of this
<br />Grant Agreement, even if IC §24-4.7 is preempted by federal law.
|