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4. Notifying INDOT in writing within ten (10) days after receiving <br />notice from an employee under subdivision (C)(2) above, or <br />otherwise receiving actual notice of such conviction; <br />5. Within thirty (30) days after receiving notice under subdivision <br />(C)(2) above of a conviction, imposing the following sanctions or <br />remedial measures on any employee who is convicted of drug abuse <br />violations occurring in the workplace: (1) taking appropriate <br />personnel action against the employee, up to and including <br />termination; or (2) requiring such employee to satisfactorily <br />participate in a drug abuse assistance or rehabilitation program <br />approved for such purposes by a federal, state or local health, <br />law enforcement, or other appropriate agency; and <br />6. Making a good faith effort to maintain a drug -free workplace <br />through the implementation of subparagraphs (A) through (E) <br />above. <br />f. Non -Discrimination - Pursuant to the Indiana Civil Rights Law, <br />specifically including IC § 22-9-1-10, and in keeping with the <br />purposes of the federal Civil Rights Act of 1964, the Age <br />Discrimination in Employment Act, and the Americans with <br />Disabilities Act, the CITY, its agents, contractors and <br />subcontractors, shall not discriminate against any employee or <br />applicant for employment relating to this Contract with respect to <br />hire, tenure, terms, conditions or privileges of employment or any <br />matter directly or indirectly related to employment, because of the <br />employee's or applicant's race, color, national origin, religion, <br />sex, age, disability, ancestry, status as a veteran, or any other <br />characteristic protected by federal, state, or local law ("Protected <br />Characteristics"). The CITY certifies compliance with applicable <br />federal laws, regulations, and executive orders prohibiting <br />discrimination based on the Protected Characteristics in the <br />provision of services. Breach of this paragraph may be regarded as <br />a material breach of the Contract, but nothing in this paragraph <br />shall be construed to imply or establish an employment relationship <br />between the State and any applicant or employee of the CITY. <br />The State is a recipient of federal funds, and therefore, where <br />applicable, the CITY and any contractors or subcontractors shall <br />comply with requisite affirmative action requirements, including <br />Page 21 of 53 Pages <br />