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❑ This certification does not apply. <br />® This certification is applicable. <br />APPENDIX TO CERTIFICATIONS <br />Instructions Concerning Lobbying and Drug -Free Workplace Requirements <br />Lobbying Certification <br />This certification is a material representation of fact upon which reliance was placed when this transaction was <br />made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction <br />imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject <br />to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. <br />Drug -Free Workplace Certification <br />1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. <br />2. The certification is a material representation of fact upon which reliance is placed when the agency awards the <br />grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates <br />the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the <br />Federal Government, may take action authorized under the Drug -Free Workplace Act. <br />3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If <br />known, they may be identified in the grant application. If the grantee does not identify the workplaces at the <br />time of application, or upon award, if there is no application, the grantee must keep the identity of the <br />workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify <br />all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. <br />4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites <br />where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass <br />transit authority or State highway department while in operation, State employees in each local unemployment <br />office, performers in concert halls or radio stations). <br />5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall <br />inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph <br />three). <br />6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection <br />with the specific grant: Place of Performance (Street address, city, county, state, zip code). Check if there are <br />workplaces on file that are not identified here. The certification with regard to the drug-free workplace is <br />required by 24 CFR part 21. <br />Place Name Street City County State Zi <br />San Leandro City Hall 835 East 14th Street San Leandro Alameda CA 94577 <br />7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free <br />Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following <br />definitions from these rules: <br />"Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances <br />Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); <br />"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, <br />by any judicial body charged with the responsibility to determine violations of the Federal or State criminal <br />drug statutes; <br />"Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, <br />distribution, dispensing, use, or possession of any controlled substance; <br />"Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: <br />a. all "direct charge" employees; <br />b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance <br />of the grant; and <br />c. temporary personnel and consultants who are directly engaged in the performance of work under the <br />grant and who are on the grantee's payroll. This definition does not include workers not on the <br />payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or <br />independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors <br />in covered workplaces). <br />Note that by signing these certifications, certain documents must completed, in use, and on file for verification. <br />