R2014-19 AUTHORIZING AGREEMENT WITH CHASTAIN & ASSOCIATES, LLC

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7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions,except as provided in numbered paragraph 1 f of Section I. 8. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one (1)year but no more than five(5)years. For the purpose of this certification, "grantee"or"contractor" means a corporation,partnership or other entity with twenty-five (25)or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance program; and (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10)days after receiving notice under part(B)of paragraph(3)of subsection (a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate. BLR 05611 Rev.01/10/12 Page 5 of 8 � ) Printed on 2/18/2014 2:53:50 PM