2005/03/23 Council Agenda Packet

11 CERTIFICATIONS 1. CERTIFICATION REGARDING 2. CERTIFICATION REGARDING DRUG-FREE DEBARMENT AND SUSPENSION WORKPLACE REQUIREMENTS The undersigned(authorized official signing for the The undersigned(authorized official signing for the contracting organization)certifies to the best of his or contracting organization)certifies that the contractor her knowledge and belief,that the contractor, defined as will,or will continue to,provide a drug-free workplace the primary participant in accordance with 45 CFR Part in accordance with 45 CFR Part 76 by: 76,and its principals: a) Publishing a statement notifying employees that the a) are not presently debarred,suspended,proposed for unlawful manufacture, distribution,dispensing, debarment, declared ineligible, or voluntarily possession or use of a controlled substance is excluded from covered transactions by any Federal prohibited in the grantee's workplace and specifying Department or agency; the actions that will be taken against employees for violation of such prohibition; b) have not within a 3-year period preceding this contract been convicted of or had a civil judgment b) Establishing an ongoing drug-free awareness rendered against them for commission of fraud or a program to inform employees about criminal offense in connection with obtaining, (1)The dangers of drug abuse in the workplace; attempting to obtain,or performing a public (2)The contractor's policy of maintaining a drug- (Federal, State, or local)transaction or contract free workplace; under a public transaction;violation of Federal or (3) Any available drug counseling, rehabilitation, and State antitrust statutes or commission of employee assistance programs; and embezzlement, theft, forgery,bribery, falsification (4)The penalties that may be imposed upon or destruction of records,making false statements, or employees for drug abuse violations occurring in receiving stolen property; the workplace; c) are not presently indicted or otherwise criminally or c) Making it a requirement that each employee to be civilly charged by a governmental entity(Federal, engaged in the performance of the contract be given State, or local)with commission of any of the a copy of the statement required by paragraph (a) offenses enumerated in paragraph(b) of this above; certification; and d) Notifying the employee in the statement required by d) have not within a 3-year period preceding this paragraph(a), above,that, as a condition of contract had one or more public transactions employment under the contract,the employee will— (Federal, State, or local)terminated for cause or (1)Abide by the terms of the statement; and default. (2)Notify the employer in writing of his or her conviction for a violation of a criminal drug statute Should the contractor not be able to provide this occurring in the workplace no later than five certification,an explanation as to why should be placed calendar days after such conviction; after the assurances page in the contract. e) Notifying the agency in writing within ten calendar The contractor agrees by signing this contract that it will days after receiving notice under paragraph (d)(2) include,without modification,the clause titled from an employee or otherwise receiving actual "Certification Regarding Debarment, Suspension,In notice of such conviction.Employers of convicted eligibility, and Voluntary Exclusion--Lower Tier employees must provide notice, including position Covered Transactions" in all lower tier covered title,to every contract officer or other designee on transactions(i.e., transactions with sub- grantees and/or whose contract activity the convicted employee was contractors)and in all solicitations for lower tier covered working,unless the Federal agency has designated a transactions in accordance with 45 CFR Part 76. central point for the receipt of such notices.Notice shall include the identification number(s) of each affected grant; 6 DOH Contract#N13413 Page 8 of 13 rev. 4/28/04