Contract - Life Treatment Centers Inc - Operating Emergency Shelter for Homeless Individuals

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participant shall attach an explanation to this proposal. 17. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Agency agrees to abide by all applicable federal rules and regulations, as amended from time to time, including but not limited to those federal rules and regulations referred to in this Contract. Unearned payments under this Contract may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time or if the Grant to the City under the new requirements of the McKinney- Vento Act, 42 U.S.C. § 11371 et seq. as amended by the Homeless Emergency and Rapid Transition to Housing Act of 2009 (Pub. L. 111-22) (HEARTH Act), is suspended or terminated. 18. CLAIMS AGAINST CITY: The Agency agrees to defend, indemnify and save harmless the City from any and all claims of any nature whatsoever which may arise from the Agency's performance of this contract; provided, however, that nothing contained in this Contract shall be construed as rendering the Agency liable for acts of the City, its officers, agents or employees. 19. DRUG -FREE WORKPLACE. The Agency hereby covenants and agrees to make a good faith effort to provide and maintain a drug -free workplace as specified in 24 C.F.R. Part 24. Agency will give written notice to the City within ten (10) days after receiving actual notice that an employee has been convicted of a criminal drug violation occurring in Agency's workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of payments, termination of the Grant or contract and/or debarment of grant opportunities with the State of Indiana for up to three (3) years. The Agency certifies and agrees that it will provide a drug -free workplace by: A. Publishing and providing to all of its employees a statement notifying their employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Agency's workplace and specifying the actions that will be taken against employees for violations of such prohibition; and B. Establishing a drug -free awareness program to inform their employees of the (1) the dangers of drug abuse in the workplace; (2) the Agency's policy of maintaining a drug -free workplace; (3) any available drug counseling, rehabilitation, and employee 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 ernployce will (1) abide by the terms of the statement; and (2) notify the Agency of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; D. Notifying in writing the City 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) take appropriate personnel action against the employee, up to and including termination; or (2) require 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) above. 10