18-62 Approval of Grant for CDBG- Disaster Relief II Funds

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In addition to the provisions of the above paragraphs,if the total amount set forth in this Agreement is in excess of $25,000.00,the Recipient certifies and agrees that it will provide a drug-free workplace by: (a) Publishingand providingto all of its employees a statement notifying employees that the unlawful p manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Recipient's workplace and specifying the actions that will be taken against employees for violations of such prohibition;and (b) Establishing a drug-flee awareness program to inform employees about(1)the dangers of drug abuse in the workplace;(2)the Recipient'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 violation 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 employer of any criminal drug use conviction for a violation occurring in the workplace no later than five(5)days after such a conviction; (d) Notifying in writing the contracting State Agency and the Indiana Department of Administration within ten (10) days after receiving notice from an employee under subdivision (c)-(2) above, or otherwise receiving' . actual notice of a 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. 15. Independent Contractor. All parties hereto, in the performance of this Agreement,will be acting in an individual capacity and not as agents, employees,partners,joint venturers, or associates of one another. The employees of one party shall not be deemed or construed to be the employees or agents of the other parties for any purpose whatsoever. Except as provided in Section 10(b),neither party will assume liability for any injury to any persons, or any damage to any property,arising out of the acts or omissions of the agents,employees,or subcontractors of the other party. 16. Work Standards. The Recipient shall each execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. If the Authority becomes dissatisfied with the work product of or the worldng relationship with those individuals assigned to perform activities pursuant to this Agreement,the Authority may request in writing the replacement of any or all such individuals, and the Recipient shall grant such request 17. Assurances and Certifications. The Recipient agrees to comply with the"Assurances and Certifications"set forth in Exhibit C. Those "Assurances and Certifications" are fully incorporated herein, and made a part hereof by reference. Any material inaccuracy of any representation or warranty contained therein shall constitute a material breach of this Agreement,for which the Authority may terminate this Agreement. The Recipient further certifies that it will comply with the requirements and standards of all applicable provisions in the following: - (a) Post federal award requirements in 2 CFR 200 Subpart D,Cost principles in 2 CFR 200 Subpart E,and Audit Requirements set forth in 2 CFR 200 Subpart F;and (b) Subpart K—Other Program Requirements,24 CFR§§570.601 to 570.614. CDBG-D CITY OF SOUTH BEND - DR2OR 018-003 Recapture Page 7 of 24