Contract - South Bend Human Rights Commission - Affirmative Fair Housing Activities

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housing rehabilitation under this contract, agrees: to comply with the regulations set forth in 24 CFR 570.608 and all applicable rules and orders issued thereunder which prohibit the use of lead -based paint in residential structures undergoing federally assisted construction or rehabilitation; to perform notification of lead -based paint hazard to tenants and purchasers as prescribed; and to perform inspection, testing, and abatement actions as regulations require. Every contract or subcontract including painting, pursuant to which such federally assisted construction or rehabilitation is performed, shall include appropriate provisions prohibiting the use of lead -based paint. 15. DRUG -FREE WORKPLACE: ACE: The Agency hereby covenants and agrees to make a good faith effort to provide and maintain a drug -free workplace. The 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 the 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 employee 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. 16. PROHIBITIONS: A. t'rrlifLrlcalm d±gCitsl..l?gyltts of Bonus or Commission. The assistance provided under this Contract shall not be used in payment of any bonus or commission to obtain HUD or City approval of the application for such assistance or for additional assistance, or any other approval or CDBG Program Contract Page 9