Policies & Procedures

LATAG Policies and ProceduresThis manual details LATAG's goal to make certain that the cleanup of Libby Amphibole (LA) contamination (which resulted from W. R. Grace mine and exportation sites) is comprehensive, complete and timely elimination of the LA threat to human health and the environment. The manual is divided into three sections which can be accessed by the table of contents on the top right.

Libby Area Technical Assistance Group, Inc.

Administrative Policy and Procedures Manual

Section I: Board of Directors

Series A: Governance

Goals and Objectives

Libby Area Technical Assistance Group, Inc. (LATAG) members of the Board of Directors (Board Members) are solicited, for nomination to be elected, because of their leadership ability, communicative skills and because they represent one or more sectors of the community who want to ensure satisfactory EPA superfund site remedial action through involvement, participation and oversight. Duties as a Board Member, among others, shall include a willingness to act as a liaison between LATAG, the public and any organizations in which they actively participate.

LATAG Focus/Vision

Make certain that the cleanup of Libby Amphibole (LA) contamination (which resulted from W. R. Grace mine and exportation sites) is comprehensive, complete and timely (elimination of the LA threat, to human health and the environment).

LATAG Goal

Achieve satisfactory superfund site emergency response and remedial action through community involvement and participation as provided for in all phases of the EPA National Priority Listing (NPL) cleanup process.

LATAG Objectives

  1. Review, interpret, analyze, evaluate, comment, and report on the following phases of the EPA's superfund cleanup process:

    1. Emergency Response
    2. Remedial Investigation (RI)
    3. Feasibility Study (FS)
    4. Remedial Design (RD)
    5. Remedial Action (RA)


  2. Identify other cleanup related issues as they arise for review and potential action.
  3. Build a volunteer experienced pool augmenting technical advisory expertise available for use on a temporary need basis.
  4. Keep the community informed of activities involving the Libby superfund site by:

    1. Newsletters keyed to three minimum EPA milestones (RI/FS, ROD, RD/RA).
    2. Placing produced reports/documents in the EPA repository and the Libby public library.
    3. LATAG meetings, open to the public.
    4. Community forums as necessary.
    5. Public meetings/seminars as needed.
    6. Information packets; and,
    7. Local media releases as necessary.

Organizational Policy

LATAG is a 501 (c)(3) non-profit public benefit Montana Corporation without members or membership.  It is a community-founded organization governed by a broad base of elected Board Members. The Board shall seek and elect its membership.  The Board shall consist of not less than five or more than 15 members. Membership on the Board shall be for a three-year terms. Sequential terms for Executive Officers and regular Board Members are not prohibited. Any member of the Board may be removed by two-thirds of the Board at a regular or special meeting. Board Members may give proxies to other members for use at meetings. Such proxies shall be valid only for a specific meeting and only if filed in writing with the Secretary in advance of the next meeting.  The Board shall establish policies, issues, strategies, and tactics for LATAG activities.

Elected Officer Positions

There are five elected Board Executive Officers (including an ad-hoc member) who constitute the Executive Committee.  Membership on the Executive Committee shall be consecutive with the Officers membership on the Board. Executive Officers shall be elected by a majority of the Board then in office. Executive Officers so elected shall serve until the first annual meeting. Elections will take place for all Executive Officers at the annual meeting. Terms of the Executive Officers shall be on a three-year rotating basis excepting the ad-hoc board officer, which shall be one year. Three-year terms of Executive Officers begin in January with the following scheduled elections:

  • Chairman Election -  01/2010
  • Vice Chairman Election -  01/2009
  • Secretary Election -  01/2010
  • Treasurer Election -  01/2009
  • Ad-Hoc Election -  Yearly

Elections will take place at the annual meeting scheduled in January of each year. Nominations from regular Board Members for Executive Officers will be held three meetings prior to the annual meeting.

Any Executive Officer may resign by giving written notice of their intention to resign their office and/or their Board position. Any Executive Officer of the Board may be removed from office by two-thirds vote of the Board, and such Officer shall be given written notice of the reasons for the removal.

Between Board of Directors meetings, the Executive Officers (the Executive Committee) shall act on behalf of the Board of Directors.  Any decision of the Executive Committee may be overruled by two-thirds of the Board.  Such voting may occur by written proxy or mail ballot.

Nominations are accepted from regular Board Members for any open Executive Officer position to complete the original term of that office position.

The Board’s elected Executive Officer positions are:

Chair:

The Chair shall preside at meetings of the Board and Executive Committee, but may delegate this authority to any other Board member.  She/he shall oversee, on behalf of the Board, implementation of the policies adopted by the Board and shall have other powers and duties as may be prescribed by the Board from time to time.  The Chair may sign checks, contracts, or other instruments with specific resolution of the Board, except in cases where the signing and execution thereof are expressly delegated elsewhere in these Administrative Policies, By-Laws or statute to some other officer or agent of the corporation.

Vice Chair:

In the absence of the Chair, or in the event of their inability or refusal to act, the Vice-Chair shall perform as Chair the duties of the Chair, and when so acting shall have all the powers and be subject to all the restrictions upon the Chair.  She/he shall perform other duties or the Chair or the Executive Committee may delegate responsibilities from time to time.

Secretary:

In the absence of the Chair, and the Vice Chair, or in the event of their inability or refusal to act, the Secretary shall perform as Chair the duties of the Chair, and when so acting shall have all the powers and be subject to all the restrictions upon the Chair and Vice Chair.  The Secretary shall proof the minutes before distribution of all meeting minutes of the Board of Directors. She/he shall act as the Board’s Parliamentarian and perform such duties at all Board meetings.

Treasurer:

In the absence of the Chair, Vice Chair and Secretary, or in the event of their inability or refusal to act, the Treasurer shall perform as Chair the duties of the Chair and Secretary, and when so acting shall have all the powers and be subject to all the restrictions upon the Chair and Secretary. The Treasurer will serve as the chairperson of the Finance Committee.  As Treasurer she/he shall delegate the process of: a) all funds, b) gifts received, c) other assets of the organization. Keep an accounting of: a) accounts in the name of LATAG in such banks and other depositories as the Board may direct, b) disburse such funds or other assets upon direction of the Board or Chair, c) assure maintenance of complete financial records of the assets, receipts, and disbursements of the LATAG. In addition, oversee the process of: a) compiling a treasurer's report, b) collect all monies due LATAG, c) write checks and pay routine bills and expenses of the LATAG with specific resolution of the Board.

Ad-Hoc:

This is an elected Executive Officer position providing a balance quantity of Executive Officers for voting purposes.

3. Committees

The Chair may establish standing and ad-hoc committees, define their functions and appoint their members.  Members of the standing and ad-hoc committees need not be members of the Board (Executive and Nominating Committees the exception), but shall be chaired by a Board Member.

Standing Committees:

Executive Committee

The Executive Committee shall consist of five members - the Chair, Vice Chair, Secretary, Treasurer and Ad-Hoc Executive Board member. The Executive Committee shall exercise Board of Directors powers acting in their behalf between Board meetings. Exceptions are the power to fill vacancies and to amend the Articles of Incorporation and By-Laws. Any decision of the Executive Committee made during the interval between Board meetings and acting in their behalf may be overruled by two-thirds (2/3rd) vote of the Board (voting may occur by written proxy or mail ballot).  The Executive Committee shall be responsible for ensuring the evaluation and reviews of the Technical Assistant and Grant Administrator.  The Executive Committee shall reserve to itself final authority over all press releases, information packets, and any other forms of public communication.

Nominating Committee

The Nominating Committee shall present to the Board of Directors for acceptance the names of persons to fill vacancies. This Committee shall present a slate of nominees for the organization's Board of Directors and Executive Officers. The Nominating Committee shall develop, implement and maintain a Board membership plan that will provide diverse community representation in LATAG.

Finance Committee

The Finance Committee shall be responsible for review and oversight of financial reports, including Grant specific and/or Agency annual independent audit requirements, recommending to the Board of Directors: a) suggested financial policy; and, b) means to enable financial development with suggested strategies. The Treasurer shall serve as the Chairperson of the Finance Standing Committee

Communication/Education Committee

The Communication/Education Committee shall develop, implement and maintain the LATAG public informational and educational program. All communication shall ensure that all groups are heard to facilitate informed public involvement and effective participation in all phases of the EPA cleanup process, giving way for community satisfaction with superfund site remedial activities. The Communication/Education Committee shall develop and implement public relations objectives that will ensure public awareness of LATAG’s activities and accomplishments.

Libby Area Technical Assistance Group, Inc.
Administrative Policy and Procedures Manual

Section I: Board of Directors

Series B: Board Member Code of Conduct, Rights, and Responsibilities

Board Members have a right to the following:
  • To be informed about the finances and operation of LATAG.
  • To be provided LATAG orientation and continuing training.
  • To have time used constructively and not wasted.
  • To be provided interesting assignments.
  • To be given opportunities for personal growth.
  • To be recognized for his/her work and accomplishments.

Board Members have a responsibility to:
  • Participate fully in the orientation process and be willing to be a mentor to a new Board Member.
  • Demonstrate mutual respect and support for each other, the public, contractors and government officials in all Board related activities.
  • Serve as a liaison communicating Board information to constituency and the public, bringing issues and concerns from constituency and the public to the Board.
  • Agree not to act independently as a representative of the LATAG Board without the full knowledge and consent of the Board.
  • Demonstrate a consideration for (and an interest in) the community as a whole when acting as a Board Member, and not simply as a representative of self-serving interests or that of another group or constituency.
  • Foster open and constructive communication among Board Members in an effort to achieve the goals of the Board and to avoid unnecessary misunderstandings.
  • Complete his or her term of office.
  • Be willing to serve on at least one (1) standing Committee.
  • Participate in fundraising and Grant funding requests as necessary.
  • Accept responsibility and accountability for the decisions made by the Board, regardless of personal opinion.
  • In their role as a Board Member, may not influence or attempt to influence an officer or employee of any Federal/State/Local agency, a Member of Congress/Senate, an officer or employee of Congress/Senate, or an employee of a Member of Congress/Senate in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.
  • Neither carry on propaganda activities nor otherwise attempt to influence legislation; nor in any manner or extent participate (or intervene) in any political campaign on behalf of any candidate; nor engage in any activities that are unlawful under the laws of the United States of America, the State of Montana, or any other jurisdiction where such activities were carried on; nor engage in any transaction defined at the time as prohibited under Section 503 of the Internal Revenue Code; as a representative of (or representing) LATAG.
  • If a conflict of interest, due to employment, possible financial gain, or any other reason arises that could jeopardize, compromise or unduly influence other members of the Board, identify/acknowledge a conflict of interest exists and abstain from discussion and exercising the right to vote on that issue.
  • Maintain records of volunteer hours and expenditures for backup in LATAG bookkeeping of Grant non-federal share outlays.

Series C: Removing a Board Member

  1.  A member of the Board may be removed from office, by a two thirds (2/3rd) majority vote of Board of Directors.

    1. Reasons for Removal of Board Member

      1. Malfeasance - illegal or wrongful conduct.
      2. Failure to follow Board of Director’s Code of Conduct, Rights and Responsibilities.
      3. Behavior that conflicts with the Articles or Bylaws of this Corporation, or the purpose for which this Corporation was formed.

  2. Procedures for Removal

    1. A formal complaint about the behavior of a Board Member of the LATAG shall be in writing, signed by the complainant, and filed with the Board Member and the Executive Committee for review/investigation as to its merit.
    2. The Board Member shall be advised in writing that his or her removal from the Board has been recommended.  Such notice shall contain the basis upon which the removal has been recommended with right to reply within 20 days in writing to the Board of Directors.
    3. The Board of Directors may upon receipt of Board Members answer choose by majority vote to:

      1. Dismiss the complaint,
      2. Admonish the Board Member,
      3. Suspend the Board Member for not less than six months,
      4. Expel the Board Member.

    4. At least six months from suspension or expulsion, application may be made to the Board of Directors for reinstatement, which may be granted under any terms deemed appropriate.

Series D: Meetings - Roberts Rules of Order shall be the guide for meeting procedure unless otherwise described below:

  1.  Agenda Items - Any person may present an agenda item at a meeting of the Board of Directors provided that:

    1. The agenda item is relevant to a function of the Board of Directors; and,
    2. Notice of the desire to present the agenda item and information as to its subject matter is given to the Chair not later than five (5) days before the meeting.
    3. Any question as to the relevance of any proposed item and its placement on the agenda shall be determined by the Chair without debate.
    4. The presenter shall have no right to address the Board of Directors prior to proposed item acceptance and scheduled placement on the agenda.

  2. Addressing the Board

    1. There will be a maximum of twenty minutes per agenda item for all requestors/presenters to speak and be heard. This time limit may be adjusted or apportioned according to the weight of requests received and point(s) of view likely to be expressed and discussed. Speakers who are likely to express similar points of view will be requested to select a spokesperson to speak for all in the interest of maintaining timely proceedings.
    2. No one person may address the Board of Directors concerning an agenda item for a period exceeding three (3) minutes unless the Chair or two thirds (2/3rd) Board vote allows an extension.

Libby Area Technical Assistance Group, Inc.
Administrative Policy and Procedures Manual

 

Libby Area Technical Assistance Group, Inc.

Administrative Policy and Procedures Manual

Section II Financial Affairs

Series A: Internal Controls

Organizational Policy

  1.  Budget

    1. At the beginning of the grant fiscal year, the Board shall review the current Grant project period total operating budget.  This review shall ensure LATAG funding is used primarily for the intended purpose (interpretation and communication of site related technical data to the affected community).  The review additionally will serve to ensure administrative expense (such as record keeping and accounting activities) comprise no greater than 20% of the Grant total budgeted project period outlay; and that LATAG's matching share (in-kind contributions) comprise no less than 20% of the Grant total budgeted project period outlay. Expenditure of Federal share funded levels of work beyond that approved and budgeted under current Grant terms, shall not be undertaken until suitable amendment to Grant period total funding has been authorized by the Federal Government (EPA), embracing the identified variance to the projected total Grant program outlay.  Expenditures outside approved Grant period total budget constraints shall be approved by the Board prior to expenditure per the foregoing.  Changes to approved elements within approved Grant period total budget constraints (transfers, leveling, etc.) may be accomplished by the Finance Committee without resolution of the Board and observing Grant cost share policy.

  2. Bank Statements

    1. Bank Statements will be reconciled by the LATAG Treasurer, or his/her designee, who will in turn, compile a treasurer’s report that will be distributed to the Finance committee for review and copies made available to all Board Members at the regular monthly meeting.

  3. Deposits

    1. All deposits will be made by the LATAG Treasurer or her/his designee.

  4. Check Disbursements

    1. The LATAG Chair, Vice Chair, Secretary and Treasurer are the only individuals authorized to sign checks on behalf of the organization. Two (2) signatures are required on any check of $500 or more.

  5. Non-Budgeted Expenditures

    1. Any expenditure that is not a part of an approved budget must be approved by the Executive Officers prior to issuance of a check.

Series B: Financial Reports

  1.  Reports Preparation

    1. Financial reports will be prepared for any month that expenditures exceed $500 or if less than $500 a month, on a quarterly basis by the Treasurer or his/her designee. Once approved, the Treasurer will notify the Board Members, and file a reimbursement request with necessary attachments for outstanding federal share reimbursement.

  2. Federal Tax Reporting

    1. LATAG’s fiscal year will run from January through December each year. The Treasurer or his/her designee is responsible for preparing the federal reports and submitting them to the Finance Committee for approval prior to filing.

  3. Audit

    1. The Treasurer or his/her designee will arrange for a financial audit to be performed yearly, in accordance with requirements of generally accepted auditing standards and requirements of the EPA grant. Results of the audit will be presented to the Board.

Series C: Purchasing

  1.  Organizational Policy

    1. It is the policy of the LATAG Board of directors to contract goods and services on behalf of the organization without favoritism and to seek maximum value for every dollar expended.  All procurements will be made providing economy, consistency and compliance with Federal and State Regulations in purchasing, with appropriate flow-down of ineligible activities and certification requirements ( i.e. Partisan Political Activity, Conducting disputes with EPA, Generation of New Primary Data, Serving as an Expert Witness, Lobbying & Litigation, Drug-Free, Debarment & Suspension, SBE/MBE/WBC compliance).  Additionally, all LATAG procurements shall be compliant with procedures and practices defined in Superfund Technical Assistance Grant (TAG) Handbook: Procurement - Using TAG Funds, EPA 540-K-93-005, publication 9230.1-09C (most current revision) which in part requires the following:

  2. Competitive Procurements

    1. For procurements valued $1,000 or less, determine only that the price is reasonable.  No oral or written solicitations of bids are necessary.
    2. For procurements valued at more than $1,000 but less than $25,000 solicit quotes from two (2) or more qualified sources, providing documentation of this in files.
    3. For procurements valued at least $25,000 but not more than $50,000 solicit written bids from three or more sources.  After receiving bids, evaluate them, decide on the winning bid, and inform all bidders of the decision.
    4. For procurements valued at over $50,000 procurement rules outlined in CFR Part 33 must be followed.

  3. Noncompetitive Procurements

    1. Noncompetitive procurement is allowed when there is only one qualified candidate, or if solicitation effort yields only one bidder.
    2. EPA Grant award Officer prior written approval is required before awarding a noncompetitive contract or using this method to procure goods worth over $1,000.
    3. Before awarding any contract valued over $1,000, inform the EPA project officer of the proposed contract and provide EPA with the opportunity to review the selection process the contract.
    4. Achieve EPA Grant Small Business Enterprises (SBE's) procurement placement objectives, and Minority-Owned Business Enterprises (MBE's) and Women-Owned Business Enterprises (WBE's) "fair share" goals negotiated with EPA by the Montana Department of Environmental Quality.

  4. Payment

    1. Procurements will be made on a reimbursable basis.  Purchaser should obtain approval and verification that funding is allocated for such purchases and that the item is provided for under the approved budget. Purchaser must submit a receipt to the Treasurer or his/her designee. All Federal Share receipts/billings are subject to EPA review/approval and will have appropriate reimbursement made within 30 days of LATAG's receipt of expense reimbursement from the EPA.  Receipts/billings against non-federal share budget allocations (in-kind matching contribution) will be paid within a regular 30-day payment cycle upon receipt.

Series D: Planning

Organizational Policy

  1.  Renewing the Three-Year Grant

    1. If the technical assistance project extends beyond the first budget period and funds are remaining, and the Board of Directors desires to continue, a continuation application for the budget period will be prepared and submitted.
    2. If the LATAG Board wants to request additional funding after having spent the full $50,000 in federal funds, a continuation application will be prepared and submitted.  A waiver to obtain additional funds described in (2) below will also be prepared and submitted.

  2. Waiver of Grant $50,000 Limitation

    1. The Board of directors shall monitor/track the complexity of Libby Superfund Site-related issues for need of additional technical advisory assistance, determine if it believes funds are needed over and above the current grant federal share $50,000 ceiling and apply for a waiver from this limit as circumstances warrant for the EPA to approve such a waiver, to receive $50,000 in additional TAG funds.  Such a request must be approved by the EPA's Regional Office with Grant funding suitably amended before any expenditure against federal share in excess $50,000 (current funding) will be allowed.
    2. After receiving $50,000 in additional funds, the LATAG Board feels that more funding is necessary in order to continue its effective participation in Libby Superfund Site cleanup activity decisions; it may request deviation from the $100,000 total per site limitation.  Such a request must be approved first by EPA's Regional Office and then by the EPA's Headquarters Grants Division with Grant funding suitably amended before any expenditure against federal share $100,000 (prior revised) funding will be allowed.

Libby Area Technical Assistance Group, Inc.
Administrative Policy and Procedures Manual

 

Libby Area Technical Assistance Group, Inc.

Administrative Policy and Procedures Manual

Section III: Personnel

Series A: Non-Discrimination Policy

  1.  LATAG believes that one of the essential functions of the organization is to help individuals realize their potential.  To this end, LATAG has committed itself by adopting the following Equal Opportunity Policy Statement:

    1. LATAG will practice non-discrimination based on race, color, national origin, religion, sex, political belief, marital status, age, physical or mental handicap or ancestry in all program activities.
    2. Equal opportunity for Board membership, employment, volunteering or contracting, is granted to all persons and extends, but is not limited to the following areas:  opportunity, recruitment, retention, promotion, compensation, benefits, layoffs, return from layoffs, training, education, social and recreational programs.

Series B: Volunteer Policies

  1.  Volunteer Code of Conduct, Rights and Responsibilities

    1. Selected volunteers are required to follow the philosophies, mission statement and methodologies adopted by the LATAG Board and annually sign a Volunteer Code of Conduct, Rights and Responsibilities statement.
    2. LATAG’s non-discrimination policy is extended to include volunteers. While all volunteers may not be qualified for all volunteer positions, care will be taken to place individuals in positions that reflect their competency/educational level.

  2. Volunteer Services Disclaimer

    1. If services are provided by individual’s organizations, and/or other agencies, other than LATAG, it should be communicated to the participants and/or public that while LATAG is sponsoring the event, solicited speakers, comments/publications do not necessarily reflect the policy of the LATAG Board.

  3. Volunteer Records

    1. Volunteers should keep accurate records of their volunteer hours, the number of individuals served and include more specific information about their audience when possible (i.e., age, ethnicity, purpose for function, etc.)

Section III: Personnel

Series C: LATAG Volunteer Code of Conduct, Rights and Responsibilities

  1. Each Volunteer has a right to the following:

    1. To have time used constructively and not wasted.
    2. To be provided interesting assignments.
    3. To be given opportunities for personal growth.
    4. To be recognized for his/her work and accomplishments.

  2. Volunteers have a responsibility to:

    1. Demonstrate mutual respect and support for each other, the public, contractors and government officials in all Board-related activities
    2. Serve as a liaison communicating Board information to constituency and the public and bringing issues, concerns from constituency and the public to the Board.
    3. Agree not to act independently as a representative of the LATAG Board without the full knowledge and consent of the Board.
    4. Demonstrate a consideration for and an interest in the whole community, when acting as a volunteer, and not simply as a representative of the volunteer’s appointing body and/or constituency.
    5. Foster open and constructive communication in an effort to achieve the goals of the Board and to avoid unnecessary misunderstandings.
    6. Not influence or attempt to influence an officer or employee of any Federal/State/Local agency, a Member of Congress/Senate, an officer or employee of Congress/Senate, or an employee of a Member of Congress/Senate in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement as a representative of (or representing) LATAG.
    7. Neither carry on propaganda activities nor otherwise attempt to influence legislation; nor in any manner or extent participate (or intervene) in any political campaign on behalf of any candidate; nor engage in any activities that are unlawful under the laws of the United States of America, the State of Montana, or any other jurisdiction where such activities were carried on; nor engage in any transaction defined at the time as prohibited under Section 503 of the Internal Revenue Code; as a representative of (or representing) LATAG.
    8. If a conflict of interest, due to employment, possible financial gain, or any other reason arises that could jeopardize, compromise or unduly influence other members of the Board, identify/acknowledge a conflict of interest exists and abstain from discussion and exercising the right to vote on that issue.
    9. Maintain records of volunteer hours and expenditures for backup in LATAG bookkeeping of Grant non-federal share outlays.

Series D: Lobbying

  1.  No LATAG Board Member, employee, volunteer or contractor while representing LATAG may influence or attempt to influence an officer or employee of any Federal/State/Local agency, a Member of Congress/Senate, an officer or employee of Congress/Senate, or an employee of a Member of Congress/Senate in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.

  2. No LATAG Board Member, employee, volunteer or contractor may carry on propaganda activities or otherwise attempt to influence legislation; or in any manner or extent, participate (or intervene) in any political campaign on behalf of any candidate; or engage in any activities that are unlawful under the laws of the United States of America, the State of Montana, or any other jurisdiction where such activities were carried on; or engage in any transaction defined at the time as prohibited under Section 503 of the Internal Revenue Code,  as a representative of (or representing) LATAG.

Series E: Drug Free Workplace

  1.  In the event that LATAG hires employees, it will provide a drug-free workplace by:

    1. All LATAG employees will be given a statement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the recipient’s workplace and specifying the actions that will be taken against employees for violation of such prohibition.
    2. Establish a drug-free awareness program to inform employees of.
    3. The dangers of drug abuse in the workplace.
    4. The recipient’s policy of maintaining a drug-free workplace.
    5. Any available drug counseling, rehabilitation and employee assistance programs.
    6. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

  2. Make it a requirement that each employee engaged in the performance of the project be given a copy of the statement required by paragraph 1.(a) above.

  3. Notify the employee in the statement required by paragraph 1.(a) above that as a condition of employment under the award, the employee will:

    1. Abide by the terms of the statement.
    2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such convictions.
    3. Notify the Award Official within ten days after receiving notice (under subparagraph 4 b) above) from an employee or otherwise receiving actual notice of such conviction.

  4. Take one of the following actions within 30 days of receiving notice (under subparagraph 4(b) above) with respect to any employee who is so convicted:

    1. Take appropriate personnel action against such an employee, up to and including termination; or,
    2. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement or other appropriate agency.
    3. Make a good faith effort to continue to maintain a drug-free workplace through implementation of paragraph’s 1-4 above.

Section III: Personnel

Series F: Debarment, Suspension and other Responsibility Matters

  1.  LATAG Contractors (if their contract is for $25,000 or more) must certify to the best of its knowledge and believe that it and its principals:

    1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal Department or Agency.
    2. Have not, within a three year period preceding their proposal/contract, been convicted of, or had, a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property.
    3. Are not presently indicted for, or otherwise, criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1(b) of this certification and,
    4. Have not within a three-year period preceding their proposal/contract, had one or more public transactions (Federal, State or local) terminated for cause or default.

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