HomeMy Public PortalAbout109-2017 - INDOT for street sweeping servicesEDS UA249-17-ON170118
SWEEPING SERVICES
This Contract, entered into by and between the Indiana Department of Transportation (hereinafter referred to as "State") and the City
of Richmond, in Wayne County, Indiana (hereinafter referred to as the "City"), is executed pursuant to the terns and conditions set
forth herein.
VJIIEREAS, the State is in need of sweeping services to keep state highways and curbs clean and free of dirt and debris; and
WHBREAS, the City has the required sweeping capabilities.
NOW THEREFORE, in consideration of the mutual covenants contained herein the patties agree as follows:
1. Auties of City. The City agrees to perform all services necessary to keep the following described state roads, highways and curbs
clean and free of dirt and debris (include road, location, curb miles, etc.):
US 27 — 8.40 curb miles
US 40-9.20 curb miles
KR 227 —11.40 curb miles
Total curb miles: 29.00
a) The City agrees to dispose of all dirt and debris collected in the cleaning process. All cleaning and disposal of dirt
and debris shall be to the reasonable satisfaction of the Indiana Department of Transportation's District Director or his/her
designee. The City shall take proper precautions and be responsible for the safe performance of the work covered by this
Contract. Furthermore, the City agrees to comply with all applicable federal, state and local laws, rules, regulations and
ordinances in the performance of its work under this Contract.
b) Each location shall be cleaned a minimum of hvo 2 times per year.
c) The City shall be responsible for all liability due to loss, damage, injuries, or other casualties to persons or property
arising out of the work performed pursuant to this Contract, whether due in whole or in part to the negligent acts or omissions
of the City, its agents or employees, or other persons engaged in the performance of the work, including any claims arising
out of the Worker's Compensation Act.
2. Consideration. The State agrees to pay the City $360.00 per curb mile per year, for a total of $10,440.00 per year. Total
remuneration under this Contract shall not exceed $41,760.00
The City shall submit one (1) invoice to the State each year and the State shall pay the invoice in accordance with its regular fiscal
procedures. When submitting the invoice, the City shall certify that the service(s) has been provided.
3. Term. This Contract shall be effective for aperiod offorty-eieht (A 81 months. It shall cornmenoe on July i, 2017 and shall
remain in effect through June 30, 2021.
4. Access to Records, The City and its subcontractors, if any, shall maintain all books, documents, papers, accounting records, and
other evidence pertaining to all costs incurred under this Contract, They shall make such materials available at their respective offices
at all reasonable times during this Contract, and for three (3) years from the date of final payment under this Contract, for inspection
by the State or its authorized designees. Copies shall be furnished at no cost to the State if requested.
5. Assignment; Successors. The City binds its successors and assignees to all the terms and conditions of this Contract The City
shall not assign or subcontract the whole or any part of this Contract without the State's prior written consent, The City may assign its
right to receive payments to such third patties as the City may desire without the prior written consent of the State, provided that the
City gives written notice (including evidence of such assignment) to the State thirty (30) days in advance of any payment so assigned
The assignment shall cover all unpaid amounts under this Contract and shall not be made to more than one party.
6. Audits. The City acknowledges that it may be required to submit to an audit of funds paid through this Contract, Any such audit
shall be conducted in accordance with IC 5-11-1, et• seq, and audit guidelines specified by the State.
7. Authority to Bind the City. The signatory for the City represents that he/she has been duly authorized to execute this Contract on
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aon-h-o,&A16- lob- d
behalf of the City and has obtained all necessary or applicable approvals to make this Contract fully binding upon the City when
his/her signature is affixed, and accepted by the State.
8, Changes in Work, The City shall not commence any additional work or change the scope of the work until authorized in writing
by the State. The City shall make no claim for additional compensation in the absence of a prior written approval and amendment
executed by all signatories hereto. This Contract may only be amended, supplemented or modified by a written document executed in
the same manner as this Contract.
9. Compliance with Laws.
A. The City shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions
required thereby to be included herein are hereby incorporated by reference. The enactment or modification of any applicable state or
federal statute or the promulgation of rules or regulations thereunder after execution of this Contract shall be reviewed by the State
and the City to determine whether the provisions of this Contract require formal modification.
B. The City and its agents shall abide by all ethical requirements that apply to persons who have a bushress relationship with the State
as set forth in IC § 4-2-6 et seq.,1C § 4-2-7, et. seq., the regulations promulgated thereunder, and Executive Order 04-08, dated April
27, 2004. If the City is not familiar with these ethical requirements, the City should refer any questions to the Indiana State Ethics
Commission, or visit the Indiana State Ethics Commission website at http://www.in.gov/etliics/, if the City or its agents violate any
applicable ethical standards, the State may, in its sole discretion, terminate this Contract immediately upon notice to the City. In
addition, the City may be subject to penalties under IC §§ 4-2-6, 4-2-7, 35-44-1-3, and under any other applicable laws.
C. The City certifies by entering into this Contract that neither it nor its principal(s) is presently in smears in payment of taxes, permit
fees or other statutory, regulatory or judicially required payments to the State. The City agrees that any payments currently due to the
State maybe withheld from payments due to the City. Additionally, further work or payments may be withheld, delayed, or denied
and/or this Contract suspended until the City is current in its payments and has submitted proof of such payment to the State.
D, The City warrants that it has no current, pending or outstanding criminal, civil, or enforcement actions initiated by the State, and
agrees that it will immediately notify the Stale of any such actions. During the term of such actions, the City agrees that the State may
delay, withhold, or deny work under any supplement, amendment, change order or other contractual device issued pursuant to this
Contract.
E. If a valid dispute exists as to the City's liability or guilt in any action initiated by the State or its agencies, and the State decides to
delay, withhold, or deny work to the City, the City may request that it be allowed to continue, or receive work, without delay. The
City must submit, in writing, a request for review to the Indiana Department of Administration (IDOA) following the procedures for
disputes outlined herein. A detetnunationby IDOA shall be binding on the parties. Any payments that the State may delay, withhold,
deny, or apply under this section shall not be subject to penalty or interest, except as pernritted by IC § 5-17-5.
F. The City warrants that the City and its subcontractors, if any, shall obtain and maintain all required permits, licenses, registrations,
and approvals, and shall comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work
activities for the State. Failure to do so may be deemed a material breach of this Contract and grounds for immediate termination and
denial of further work with the State.
G. The City affirms that, if it is an entity described in IC Title 23, it is properly registered and owes no outstanding reports to the
Indiana Secretary of State.
11, As required by IC 5-22-3-7:
(1) the City and any principals of the City certify that (A) the City, except for de minirnis and nonsystematic violations,
has not violated the terms of (i) IC 24-4.7 [Telephone Solicitation Of Consumers], (ii) IC 24-5-12 [Telephone Solicitations] , or
(iii) IC 24-5-14 [Regulation of Automatic Dialing Machines] in the previous three hundred sixty-five (365) days, even if IC 24-4.7
is preempted by federal law•, and (13) the City will not violate the terms of IC 24-4.7 for the duration of the Contract, even if IC 24-
43 is preempted by federal law.
(2) The City and any principals of the City certify that an affiliate or principal of the City and any agent acting on behalf
of the City or on behalf of an affiliate or principal of the City (A) except for de minimis and nonsystematic violations, has not
violated the terms of IC 244.7 in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law;
and (B) will not violate the terms of IC 24-4.7 for the duration of the Coutract, even if IC 24-4.7 is preempted by federal law.
ill. Condition of Payment. All services provided by the City.under this Contract must be performed to the State's reasonable .
satisfaction, as determined at the discretion of the undersigned State representative and in accordance with all applicable federal, state,
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local laws, ordinances, rules and regulations, The State shall not be required to pay for work found to be unsatisfactory, inconsistent
with this Contract or performed in violation of and federal, state or local statute, ordinance, tole or regulation.
11. Confidentiality of State Information. The City understands and agrees that data, materials, and information disclosed to the
City may contain confidential and protected information. The City covenants that data, material and information gathered, based upon
or disclosed to the City for the purpose of this Contract, will not be disclosed to or discussed with third parties without the prior
written consent of the State.
12. Debarment and Suspension.
A. The City certifies by entering into this Contract that neither it nor its principals nor any of its subcontractors are presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Contract by any
federal agency or by any depattment, agency or political subdivision of the State. The term "principaP' for purposes of this Contract
means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or
a person who has a critical influence on or substantive control over The operations of the City.
B. The City certifies that it has verified the state and federal suspensiou and debarment status for all subcontractors receiving funds
under this Contract and shall be solely responsible for any reeoupment, penalties or costs that might arise from use of a suspended or
debarred subcontractor. The City shall immediately notify the State if any subcontractor becomes debarred or suspended, and shall, at
the State's request, take all steps required by the State to terminate its contractual relationship with the subcontractor for work to be
performed under this Contract.
13. Default by State. if the State, sixty (60) days after receipt of written notice, falls to correct or cure any material breach of this
Contract, the City may cancel and ternunate this Contract and institute the appropriate measures to collect monies due up to and
including the date of termination.
14. Disputes. Should any disputes arise with respect to this Contract, the City and the State agree to act immediately to resolve such
disputes. Time is of the essence in the resolution of disputes. The City agrees that, the existence of a dispute notwithstanding, it will
continue without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the City
fail to continue to perform its responsibilities regarding all non -disputed work, without delay, any additional costs incurred by the
State or the City as a result of such failure to proceed shall be borne by the City.
If a party to the contract is not satisfacd with the progress toward resolving a dispute, the party must notify in writing the other party of
this dissatisfaction. Upon written notice, the patties have ten (10) working days, unless the parties mutually agree to extend this
period, following the notification to resolve the dispute. If the dispute is not resolved within ten (10) working days, a dissatisfied
party will submit the dispute in writing according to the following procedure;
1. The parties agree to resolve such matters through submission in writing of their dispute to the Commissioner of the Indiana
Department of Administration. The Commissioner shall reduce a decision to writing and mail or otherwise furnish a copy thereof
to the City and the State within ten (10) working days after presentation of such dispute for action. The presentation may include
a period of negotiations, clarifications, and mediation sessions and will not terminate until the Commissioner or one of the parties
concludes .that the presentation period is over. The Commissioner's decision shall be final and conclusive unless either party
mails or otherwise furnishes to the Commissioner, within ten (10) working days after receipt of the Commissioner's decision, a
written appeal. Within ten (10) working days of receipt by the Commissioner of a written request for appeal, the decision maybe
reconsidered. If no reconsideration is provided within ten (I0) working days, the parties may mutually agree to submit the
dispute to arbitration or mediation for a determination. If a party is not satisfied with the Commissioner's ultimate decision, the
dissatisfied party, may submit the dispute to an Indiana court of competent jurisdiction,
2. The State may withhold payments on disputed items pending resolution of the dispute. The unintentional nonpayment by the
State to the City of one or more invoices not in dispute in accordance with the terms of this Contract will notbe cause for City to
terminate this Contract, and the City -may bring suit to collect these amounts without following the disputes procedure contained
herein.
15. Drug -Free Workplace Certification. The City hereby covenants and agrees to make a good faith effort to provide and maintain
a drug-frce workplace, The City will give written notice to the State 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 the workplace. False
certification or violation of this certification may result in sanctions including, but not limited to, suspension of contract payments,
termination of this Contract and/or debarment of contracting opportunities with the State for up to three (3) years.
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In addition to the provisions of the above paragraphs, if the total contract amount set forth in this Contract is in excess of $25,000.00,
the City hereby further agrees that this Contract 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. No award of a contract
shall be made, and no contract, purchase order or agreement, the total amowit of which exceeds $25,000.00, shall be valid, unless and
until this certification has been fully executed by the City and made a part of the contract or agreement as part of the contract
documents.
The City certifies and agrees that it will provide a drug-fi•ee workplace by:
A. Publishing and providing to all of its employees a statement notifying them that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the City's workplace, and specifying the actions that will
be taken against employees for violations of such prohibition;
E. Establishing a drug -free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the
City's policy of maintaining a drug -free workplace; (3) any available drug counseling, rehabilitation and employer assistance
programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace;
C. Notifying all employees in the statement required by subparagraph (A) above that as a condition of continued employment, the
employee will (1) abide by the terms of the statement; and (2) notify the City of any criminal drug statute conviction for a
violation occiuTIng in the workplace no later than five (5) days after such conviction.,-
'D. Notifying the State in writing within ten (10) days after receiving notice from an employee under subdivision (C)(2) above., or
otherwise receiving actual notice of such conviction;
E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a conviction, imposing the following sanctions or
remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace; (1) taking appropriate
personnel action against the employee, up to and including termination; or (2) requiring such employee to satisfactorily
participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law
enforcement, or other appropriate agency; and
F. Making a good faith effort to maintain a drug -free workplace through the implementation of subparagraphs (A) through (E)
ab ove.
16. tmployurent Eligibility Verification. The City affirms under the penalties of perjury that he/she/it does not knowingly employ
an unauthorized alien.
The City shall enroll in and verify the work eligibility status of all his/her/its newly hued employees through the E-Verify program as
defined in IC 22-5-1.7-3, The City is not required to participate should the E-Verify program cease to exist. Additionally, the City is
not required to participate if the City is self-employed and does not employ any employees,
The City shall not knowingly employ or contract with an unauthorized alien. The City shall not retain an employee or contract with a
person that the City subsequently learns is an unauthorized alien.
The City shall require his/her/'its subcontractors, who perform work under this contract, to certify to the City that the sub -contractors
does not knowingly employ or contract with an unauthorized alien and that the sub -contractors has enrolled and is participating intbe
E Verify program. The City agrees to maintain this certification throughout the duration of the term of a contract with a sub-
contractors.
The State may terminate for default if the City fails to cure a breach of this provision no Iater than thirty (30) days after being notified
by the State.
17. Force Majeure. In the event that either party is unable to perform any of its obligations under this Contract or to enjoy any of its
benefits because of natural disaster or decrees of governmental bodies not the fault of the affected party (hereinafter l•efured to as a
"Force Majeure EvMV), the party who has been so affected shall immediately give notice to the other party and shall do everything
possible to resume performance. Upon receipt of such notice, all obligations under this Contract shall be immediately suspended. If
the period of nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the party whose ability
to perform has not been so affected may, by giving written notice, terminate this Contract.
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18. Funding Cancellation. When the Director of the State Budget Agency makes a written determination that funds are not
appropriated or otherwise. available to support continuation of performance of this Contract, this Contract shall be canceled. A
determination by the Director of State Budget Agency that funds are not appropriated or otherwise available to support continuation of
performance shall be. final and conclusive.
19. Governing Laws. This Contract shall be construed in accordance with and governed by the laws of the State of Indiana and suit,
if any, must be brought in the State of Indiana.
20. Indemnification. The City agrees to indemnify, defend, and hold harmless the State, its agents, officials, and employees from all
claims and suits including court costs, attorney's fees, and other expenses caused by any act or omission of the City and/or its
subcontractors, if any, in the performance of this Contract, The State shall not provide such indemnification to the City.
21. Independent City. Both parties hereto, in the performance of this Contract, shalt act in an individual capacity and not as agents,
employees, partners, joint venturers or associates of one another. The employees or agents of one patty shall not be deemed or
construed to be the employees oT agents of the other party for any purposes whatsoever. Neither party wi11 assume Iiability for any
injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents, employees or
subcontractors of the other party.
The City shall be responsible for providing all necessary unemployment and workers' compensation insurance for the City's
employees.
22. INTENTIONALLY DELETED.
23. Merger & Modification. This Contract constitutes the entire agreement between the patties. No understandings, agreements, or
representations, oral or written, not specified within this Contract will be. valid provisions of this Contract, This Contract may not be
modified, supplemented or amended, except by written agreement signed by all necessary parties.
24, Nondiscrimination,
This covenant is enacted pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in keeping with the
purposes of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.
Breach of this covenant may be regarded as a material breach of this Contract, but nothing in this covenant shall be construed to imply
or establish an employment relationship between the State and any applicant or employee of the City or any subconhactor.
Pursuant to the Indiana Civil Rights law, specifically including IC 22-9-1-10, and in keeping with the purposes of the federal Civil
Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, the City covenants that it
shall not discriminate against any employee or applicant for employment relating to this Contract with respect to the hire, tenure,
terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee or
applicant's: race, color, national origin, religion, sex, age, disability, ancestry, status as a veteran, or any other characteristic protected
by federal, state, or local law ("Protected Characteristics"). Furthermore, City certifies compliance with applicable federal laws,
regulations, and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services.
The City understands that the State is a recipient of federal feuds, and therefore, where applicable, City and any subcontractors agree
to comply with requisite affirmative action requirements, including reporting, pursuant to 41 CFR Chapter 60, as amended, and
Section 202 of Executive Order 11246,
25. Notice to Parties, Whenever any notico, statement or other communication is required under this Contract, it shall be sent to the
following addresses, unless otherwise specifically advised.
Notices to the State shall be sent to:
Indiana Department of Transportation - Cambridge City Sub -District
ATTN:.Ionna Miller
1241 South Street Road 1
Cambridge City, IN 47327
Notices to the City shall be sent to:
City of Richmond
ATTN: Clerk -Treasurer
50 North 511 Street
Richmond, IN 47374
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As required by IC 4-13-2-14.8, payments to the City shall be made via electronic funds transfer in accordance with instructions filed
by the City with the Indiana Auditor of State.
26. Payments. All payments shall be made in arrears in conformance with State Fiscal policies and procedures and, as required by IC
4-13-2-14.8, by electronic funds transfer to the financial institution designated by the City in writing unless a specific waiver has been
obtained from the Indiana Auditor of State. No payments will be made in advance of receipt of the goods or services that are the
subject of this Contract except as permitted by IC 4-13-2-20.
27. Penal ties/interestlA.ttorney's Fees. The State will in good faith perform, its required obligations hereunder and does not agree to
pay any penalties, liquidated damages, interest or attorney's fees, except as permitted by Indiana law, in part, IC 5-17-5,1C 34-54-8,
and IC 34-13-1.
Notwithstanding the provisions contained in IC 5-17-5, any liability resulting fi•om the State's failure to make prompt payment shall
be based solely on the amount of funding originating fl•om the State and shall not be based on funding from federal or other sources.
28. Progress Reports. The City shall submit progress reports to the State upon request. The report shall be oral, unless the State,
upon receipt of the oral report, should deem it necessary to have it in written form. The progress reports shall serve the purpose of
assuring the State that work is progressing in line with the schedule, and that completion can be reasonably assured on the scheduled
date.
29, Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not affect the validity of the
remaining sections, subsections, clauses or provisions of this Contract,
30. Substantial Performance. This Contract shall be deemed to be substantially performed only when fully performed according to
its terms and conditions and any written amendments or supplements.
31, Taxes. The State is exempt from most state and local taxes and many federal taxes. The State will not be responsible for any
taxes levied on the City as a result of this Contract.
32, Termination for Convenience. This Contract may be terminated, in whole or in part, by the State whenever, for any reason, the
State determines that such termination is in its best interest. Termination of services shall be effected by delivery to the City of a
Termination Notice at least thirty (30) days prior to the termination effective date, specifying the extent to which performance of
services under such termination becomes effective. The City shall be compensated for services properly rendered prior to the effective
date of termination, The State will not be liable for services performed after the effective date of termination. The City shall be
compensated for services herein provided but in no case shall total payment made to the City exceed the original contract price or shall
any price increase be allowed on individual line items if canceled only in part prior to the original termination date,
33. Termination for Default.
A. With the provision of thirty (30) days notice to the City, the State may terminate this Contract in whole or in part if the City fails
to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if
the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers
appropriate, supplies or services similar to those terminated, and the City will be liable to the State for any excess costs for those
supplies or services. However, the City shall continue the work not terminated,
C. The State shall pay the contract price for completed supplies delivered and services accepted. The City and the State shall agree
on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property.
Failure to agree will be a dispute under the Disputes clause. The State may withhold fi-om these amounts any sum the State
determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or
under this Contract,
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34. Waiver of Rights. No right conferred oil either party under this Contract shall be deemed waived, and no breach of this Contract
excused, unless such waiver is in writing and signed by the party claimed to have waived such right. Neither the State's review,
approval or acceptance of, nor payment for, the services required under this Contract shall be eons(rued to operate as a waiver of any
rights under this Contract or of any cause of action arising out of the performance of this Contract, and the City shall be and remain
liable to the State in accordance with applicable law for all damages to the State caused by the City's negligent performance of any of
the services furnished under this Contract.
35. Work Standards. The City shall execute its responsibilities by following and applying at all times the highest professional and
technical guidelines and standards. If the State becomes dissatisfied with the work product of or the working relationship with those
individuals assigned to work on this Contract, the Slate may request in writing the replacement of any or all such individuals, and the
City shall grant such request.
THE REMAINDER OF THIS PAGE; HAS BEEF N INTENTIONALLY LEFT BLANK.
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Non -Collusion and Acceptance, The undersigned attests, subject to the penalties for perjury, that he/she is the properly authorized
representative, agent, employee or officer of the City, that he/she has not, nor has any other employee, representative, agent or officer
of the City, directly or indirectly, to the best of his/her knowledge, entered into or offered to'enter into any combination, collusion or
agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of
this Contract other than that which appears upon the face of this Contract. Furthermore, if the undersigned has knowledge that a
state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has a financial interest in the
Contract, the Contractor attests to compliance with the disclosure requirements in IC 4-2-6-10.5.
In Witness Whereof, the City and the State have, through duly authorized representatives, entered into this Contract. The parties,
having read and understand the foregoing terms of this Contract, do by their respective signatures dated below hereby agree to the
terms thereof
Name of City; Cit f Richmond B and Throe h i ar of Public Works & Safety
Signature:�G
Printed Name: Tricki Robinson
Title: President
Date:
In is D p rt en Transport ti
DanI Brassard, Deputy Commis ioner of Finance
FO Joseph cG 'nness, Commissioner
Date:
Indiana Department of Administration
Jessica Robertsp2n, Commissioner
Date: 1 � ? t l
State Budget Agency
Jason D. Dudich, Dfire6tort
Date: fl } Gi ! t
APPROVED AS TO FORM AND DRGA,1JTY
Office of the Attorney ,Geeneral
Curtis T. Hill, Jr., Indiana Attorney General
Date Approved: L9 • 2- f • (
This Sweeping Services is authorized by IC 8-23-2-6 and IC 5 22-2-4.
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