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Contract – INDOT – LPA - Grant Agreement 2021 Community Crossings Round II Proj No. 121-052
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Contract – INDOT – LPA - Grant Agreement 2021 Community Crossings Round II Proj No. 121-052
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Board of Public Works
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Contracts
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12/14/2021
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Page 5 of 9 <br /> (2)The Grantee and any principals of the Grantee certify that an affiliate or principal of <br />the Grantee and any agent acting on behalf of the Grantee or on behalf of an affiliate or <br />principal of the Grantee, except for de minimis and nonsystematic violations, <br /> (A) has not violated the terms of IC § 24-4.7 in the previous three hundred sixty- <br />five (365) days, even if IC § 24-4.7 is preempted by federal law; and <br /> (B) will not violate the terms of IC § 24-4.7 for the duration of this Grant <br />Agreement even if IC § 24-4.7 is preempted by federal law. <br /> <br />10. Debarment and Suspension. <br />A. The Grantee certifies by entering into this Grant Agreement that it is not presently debarred, suspended, <br />proposed for debarment, declared ineligible or voluntarily excluded from entering into this Grant by any <br />federal agency or by any department, agency or political subdivision of the State. The term "principal" for <br />purposes of this Grant Agreement means an officer, director, owner, partner, key employee or other person <br />with primary management or supervisory responsibilities, or a person who has a critical influence on or <br />substantive control over the operations of the Grantee. <br /> <br />B. The Grantee certifies that it has verified the suspension and debarment status for all subcontractors <br />receiving funds under this Grant Agreement and shall be solely responsible for any recoupments or <br />penalties that might arise from non-compliance. The Grantee shall immediately notify the State if any <br />subcontractor becomes debarred or suspended, and shall, at the State's request, take all steps required by the <br />State to terminate its contractual relationship with the subcontractor for work to be performed under this <br />Grant Agreement. <br /> <br />11. Drug-Free Workplace Certification. As required by Executive Order No. 90-5, April 12, 1990, <br />issued by the Governor of Indiana, the Grantee hereby covenants and agrees to make a good faith effort to <br />provide and maintain a drug-free workplace. Grantee will give written notice to the State within ten (10) <br />days after receiving actual notice that the Grantee, or an employee of the Grantee in the State of Indiana, <br />has been convicted of a criminal drug violation occurring in the workplace. False certification or violation <br />of the certification may result in sanctions including, but not limited to, suspension of grant payments, <br />termination of the Grant and/or debarment of grant opportunities with the State of Indiana for up to three <br />(3) years. <br /> <br />In addition to the provisions of the above paragraphs, if the total amount set forth in this Grant Agreement <br />is in excess of $25,000.00, the Grantee certifies and agrees that it will provide a drug-free workplace by: <br /> <br /> A. Publishing and providing to all of its employees a statement notifying them that the <br />unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is <br />prohibited in the Grantee's workplace and specifying the actions that will be taken against <br />employees for violations of such prohibition; and <br /> <br /> B. Establishing a drug-free awareness program to inform its employees of: (1) the dangers <br />of drug abuse in the workplace; (2) the Grantee's policy of maintaining a drug-free workplace; <br />(3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) <br />the penalties that may be imposed upon an employee for drug abuse violations occurring in <br />the workplace; and <br /> <br /> C. Notifying all employees in the statement required by subparagraph (A) above that as a <br />condition of continued employment the employee will: (1) abide by the terms of the <br />statement; and (2) notify the Grantee of any criminal drug statute conviction for a violation <br />occurring in the workplace no later than five (5) days after such conviction; and <br /> <br /> D. Notifying in writing the State within ten (10) days after receiving notice from an <br />employee under subdivision (C)(2) above, or otherwise receiving actual notice of such <br />conviction; and <br />
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