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unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is <br />prohibited in the Agency's workplace and specifying the actions that will be taken against <br />employees for violations of such prohibition; and <br />B. Establishing a drug -free awareness program to inform their employees of the (1) the dangers of drug <br />abuse in the workplace; (2) the Agency's policy of maintaining a drug -free workplace; (3) any <br />available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties <br />that may be imposed upon an employee for drug abuse violations occurring in the workplace. <br />C. Notifying all employees in the statement required by subparagraph (a) above that as a condition of <br />continued employment the employee will (1) abide by the terms of the statement; and (2) notify the <br />Agency of any criminal drug statute conviction for a violation occurring in the workplace no later <br />than five (5) days after such conviction; <br />D. Notifying in writing the City within ten (10) days after receiving notice from an employee under <br />subdivision (c)(2) above, or otherwise receiving actual notice of such conviction; <br />E. Within thirty (30) days after receiving notice under subdivision ( c)(2) above of a conviction, <br />imposing the following sanctions or remedial measures on any employee who is convicted of drug <br />abuse violations occurring in the workplace: (1) take appropriate personnel action against the <br />employee, up to and including termination; or (2) require such employee to satisfactorily participate <br />in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State <br />or local health, law enforcement, or other appropriate agency; and <br />F. Making a good faith effort to maintain a drug -free workplace through the implementation of <br />subparagraphs (a) through (e) above. <br />20. The Organization hereby represents and certifies that it may enter into this agreement under Indiana <br />Code § 35-44-1 and, to the extent applicable, has executed and filed with the City a <br />"CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, <br />CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT <br />ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND <br />CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY <br />PRODUCTS", the form of which is attached hereto and incorporated herein as Appendix II prior to <br />the City's approval of this Agreement. <br />(Remainder ofpage intentionally left blank) <br />10 <br />