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Traffic Signal Maintenance Agreement - Provide Routine & Emergency Maintenance of Entire Traffic Signal System – INDOT
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Traffic Signal Maintenance Agreement - Provide Routine & Emergency Maintenance of Entire Traffic Signal System – INDOT
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8/10/2021 2:41:57 PM
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8/10/2021 2:41:43 PM
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Board of Public Works
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Contracts
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8/10/2021
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<br />Page 15 of 42 <br />3.14 DISPUTES. [OMITTED – NOT APPLICABLE] <br />3.15 DRUG FREE WORKPLACE CERTIFICATION. As required by Executive Order No. <br />90-5 dated April 12, 1990, issued by the Governor of Indiana, the CITY hereby covenants and agrees <br />to make a good faith effort to provide and maintain a drug-free workplace. The CITY will give written <br />notice to the State within 10 days after receiving actual notice that the CITY, or an employee of the <br />CITY in the State of Indiana, has been convicted of a criminal drug violation occurring in the <br />workplace. False certification or violation of this certification may result in sanctions including, but <br />not limited to, suspension of contract payments, termination of this Agreement and/or debarment of <br />contracting opportunities with the State for up to three years. <br />In addition to the provisions of the above paragraph, if the total amount set forth in this <br />Agreement is in excess of $25,000.00, the CITY certifies and agrees that it will provide a drug-free <br />workplace by: <br />A. Publishing and providing to all of its employees a statement notifying them that the <br />unlawful manufacture, distribution, dispensing, possession or use of a controlled substance <br />is prohibited in the CITY’s workplace, and specifying the actions that will be taken against <br />employees for violations of such prohibition; <br />B. Establishing a drug-free awareness program to inform its employees of (1) the dangers of <br />drug abuse in the workplace; (2) the CITY’s policy of maintaining a drug-free workplace; <br />(3) any available drug counseling, rehabilitation and employee assistance programs; and <br />(4) the penalties that may be imposed upon an employee for drug abuse violations <br />occurring in the workplace; <br />C. Notifying all employees in the statement required by subparagraph (A) above that as a <br />condition of continued employment, the employee will (1) abide by the terms of the <br />statement; and (2) notify the CITY of any criminal drug statute conviction for a violation <br />occurring in the workplace no later than five days after such conviction; <br />D. Notifying the State in writing within 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 <br />of drug abuse violations occurring in the workplace: (1) taking appropriate personnel action <br />against the employee, up to and including termination; or (2) requiring such employee to <br />satisfactorily participate in a drug abuse assistance or rehabilitation program approved for
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