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3. Making it a requirement that each employee to be engaged in the performance of work supported <br />by the Agreement be given a copy of the statement required by paragraph 1. <br />4. Notifying the employee in the statement required by paragraph I that, as a condition of <br />employment supported by the Agreement, the employee will: <br />a. Abide by the terms of the statement; and <br />b. Notify the employer in writing of his or her conviction for a violation of a criminal drug <br />statute occurring in the workplace no later than five calendar days after such conviction. <br />5. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph <br />4.b. from an employee or otherwise receiving actual notice of conviction. Employers of convicted <br />employees must provide notice, including position title, to FHWA. Notice shall include the order <br />number of the Agreement. <br />6. Taking one of the following actions, within 30 days of receiving notice under paragraph 4(b), <br />with respect to any employee who is so convicted: <br />a. Taking appropriate personnel action against such an employee, up to and including <br />termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or <br />b. 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 health, law <br />enforcement, or other appropriate agency. <br />7. Making a good faith effort to continue to maintain a drug-free workplace through <br />implementation of paragraphs 1, 2, 3, 4, 5, and 6. <br />8. The Servicing Agency may, but is not required to, provide the site for the performance of work <br />done in connection with the Agreement. For the provision of services pursuant to the Agreement, <br />workplaces include outstations, maintenance sites, headquarters office locations, training sites and <br />any other worksites where work is performed that is supported by the Agreement. If the Servicing <br />Agency does so, the Servicing Agency shall identify the Places of Performance by listing the street <br />address, city, county, state, zip code. Also identify if there are workplaces on file that are not <br />identified in this section of the Agreement. <br />C. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER <br />RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS <br />2 CFR Parts 180, 1200, 48 CFR Part 9, and 49 CFR Part 32 <br />These assurances and certifications are applicable to all construction contracts, design -build contracts, <br />subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other <br />covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined <br />in 2 CFR Parts 180 and 1200, and 48 CFR Part. 9. <br />By entering into this Agreement the Servicing Agency is providing the assurances and certifications <br />for First Tier Participants and Lower Tier Participants as set out below. <br />Instructions for Certification — First Tier Participants: <br />a. The prospective first tier participant is providing the certification set out below. <br />