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c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity <br /> (federal, State, or local)with commission of any of the offenses enumerated in paragraph 2. (A)(b) <br /> of this certification. <br /> d) Have not within a three-year period preceding this application had one or more public transaction <br /> (federal, State, or local)terminated for cause or default. <br /> B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall <br /> attach an explanation to this certification. <br /> 3.DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS) <br /> As required by the Drug-Free Workplace Act of 1988, and implemented at 7 CFR Part 3021, Subparts A, <br /> B, and E,for grantees, as defined at 7 CFR Part 3021: <br /> A The applicant certifies that it will or will continue to provide a drug-free workplace by: <br /> a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, <br /> possession, or use of a controlled substance is prohibited in the grantee's workplace and <br /> specifying the actions that will be taken against employees for violation of such prohibition; <br /> b) establishing an on-going drug-free awareness program to inform employees about: <br /> i. The dangers of drug abuse in the workplace; <br /> ii. The grantee's policy of maintaining a drug-free workplace; <br /> iii. Any available drug counseling, rehabilitation, and employee assistance programs; and <br /> iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the <br /> workplace; <br /> c) making it a requirement that each employee to be engaged in the performance of the <br /> grant be given a copy of the statement required by paragraph (a); <br /> d) notifying the employee in the statement required by paragraph (a) that, as a condition of <br /> employment under the grant, the employee will: <br /> i. Abide by the terms of the statement; and <br /> ii. Notify the employer in writing of his or her conviction for a violation of a criminal <br /> drug statute occurring in the workplace no later than five calendar days after such <br /> conviction; <br /> e) notifying the agency, in writing, within 10 calendar days after receiving notice under <br /> subparagraph (d)(ii) from an employee or otherwise receiving actual notice of such <br /> conviction. <br /> Notice shall include the identification number(s)of each affected grant; <br /> f) taking one of the following actions, within 30 calendar days of receiving notice under <br /> subparagraph(d)(ii),with respect to any employee who is so convicted: <br /> i. Taking appropriate personnel action against such an employee, up to and <br /> including termination, consistent with the requirements of the Rehabilitation Act of <br /> 1973 (29 U.S.C. 794), as amended; or <br /> ii. requiring such employee to participate satisfactorily in a drug abuse assistance or <br /> rehabilitation program approved for such purposes by a federal, State, or local <br /> health, law enforcement, or other appropriate agency; <br /> g) making a good faith effort to continue to maintain a drug-free workplace through <br /> implementation of paragraphs(a), (b), (c), (d), (e), and (f). <br /> NCDA&CS Certifications&Assurances Page 2 of 3 <br /> Rev 7/14 <br />