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HomeMy WebLinkAbout1998-05-11 98-211 RESOLVECOUNCIL ACTION Item No. 28-211 Item/Subject: Assuring and Codifying the City's Compliante with Certain Requirements for Community Development Funds Respoudble Deparnamt: Community and Economic Development Commentary: Community Development regulations require that the City cer ify it will comply with the laws and regulations of rhe Community Development Block Gram Program contained in 'Attachment A' of dos Couursoil Resolve. �G Dopar( em Head Manager's Comments: Associated Information: GzAm VtAA ,e, Budget Approval: Legal Approval: Finance Director Introduced For Fti stB — eading PW—/—Of / Referral (TITLE.) Ev 98-211 Assigned to Councilor Leen May 11, 1998 CITY OF BANGOR Assuring and Certifying the City's Compliance with Certain Requiremems for Community Development Fulls By Owe Cityc M of a a asy ofBagpr. "wLvsn, WHEREAS, the City of Bangor wishes to submit a Consolidated Housing and Community Development Plan for Community Development Black Gram Entitlement funds under Title I of the Housing and Comvmmty Development Act of 1974; and WHEREAS, Secdon 104 of the Housing all Cammnmty Development Act of 1914 and Saotion 570.303 of Tide 24 of the Code of Federal Regulations rep ire tum certain certifications and assurance be given by the City of Bangor, NOW, THEREFORE, BE IT RESOLVED, BY TIM CITY COUNCIL OF THE CITY OF BANGOR THAT the City a Bangor hereby assures all certifies Na[ it wi6 comply with due assurances for the Consolidated Phm Certifications attached hereto es "Atmcbmem A" and consisting of seven (7) munbered pages. IN CITY COLIKUL 98_211 may 11, 1998 passed BES0L V E urinu ans Certifying the City's Compliance with Certain Requirements for Connunity Development Funds Attachment A C o�1 es 1 I - i CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the wmolidated plan regula ious, the jurisdiction certifies that: Affirmatively Further Fair Housing — The jurisdiction will affirmatively further fair housing, which means it has conducted an analysis of impediments to fair housing choice within the jurisdiction, will take appropriate actions to overcome the effects of any Impediments identified through that analysis, and maintains records reflecting that analysis and actions in this regard. Anti-displawmem and Relocation Plan — It will comply with the acquisition and relocation requirements of the Usdforat Relocation Assistance and Real Property Acquisition Policies Act of 1990, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential and -displacement and relormlon assistance plan required under section 104(d) of the Housing and Commuulty Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace — It will or will continue to provide a drug -Dee workplace by: 1. Publishing a statement notifying employees Nat the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of mainmioing a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplaces 3. baking it a requirements that each employee to be engaged in the Performance of the Want be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph I that, as a condition of employment under the gram, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer to writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; S. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees most provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the Identification munber(s) of each affected grant; 6. Taking care of the following actions, within 30 calendar days of receiving notice soder subparagraph 4(b), with respect to any employee who is an convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent whin the requirements of the Rehabilitation AM of 1973, as amended, or (b) Requiring 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; 7. Malting a good faith effort to continue in maintain a drug-hee workplace through implementation of paragraphs 1, 2, 3, 4, 4 and 6. Anti -Lobbying — To the best of the Jurisdiction's knowledge and belief.- 1. elief:1. No Federal appropriated fords have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the malting of any, Federal grant, the making of any Fed" luau, the entering into of any cooperative agreement, and the ectension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any foods other than Federal appropriated foods have been paid or will be paid In any person for influencing or attempting to influence an uplifter or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, Imm, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its Instructions; and 3. it will require that the language of paragraph 1 and 2 of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose aceordingly. Authority of Jurisdiction — The consolidated plan is authorized order State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which i/ is seeking funding, in accordance with applicable HUD regulations. Consistency whh plan — The housing activities to be andertaken wide CDEG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 — It will comply with section 3 of dee Housing and Urban Development Act of 1968, and implementing regulations m 24 CFR Part 135. Signatures /Authorized Oftle al Tide Spectre CDBG Ca dicafleam The Entitlement Community cerdl W W: Cmreo Paradpatien —It 6 to NII complimce and following a detailed chide participation pan that amfdies the requhements m X CFR 91.105. Immanently Development Plan —Ite consolidated housing and community development plan himtif communally development and housing mads and specifies both shordlerm and lougdetm community dmdepme m objectives that provide dereot housing, expand romantic opportunities primarBy for persons of taw and moderate Nrome. (See Cin Mnos and CFR MPed nor. Following a Fare —D 6 following a Current comolidated plan (m Comprebemive Homing ADardablIty Strategy) that bas been approved by HUD. Ox dFoods — B hm complied with the following dimrla: 1. Maximum Feminle PinnN. With raped m Whiles expected to be armed with CDBG foods, it certifies that it ba developed its Action Pim so as W give mmdmum fid dble priwNy, to actividn which bmeRt law and moderate income foomim or aid W the preveation or eaminatim dalums or blight. The Adim Plan may abe include activities wbidt the Irma" rwttrm are dealgaed to and allow emnanumity devebpmenl Heads taming a pmUcuiar argmcy, became eddNg wotlBione pope a serNm and immetlime threat to the halite lir wellare ofthe commonly, and other threaded raomva me not addable; 3. oyamn wmvm, The aggregate uaemCDBG Nndv incledu8 udlun 1088um'amteed laeoe durMg program reds) IM. I (a period spedtiW by the grwmee cmRating of one, tw% or three speMc mammive program years), area principally bment pemom slow aed moderate Income W a memmr that museum that at lean 70 percent"the amount 6 expanded for adidties that bereilt such porous during the designated period; 3. Smecial Apoem =. It will mat attempt to rxover my capital cone of publle buprmemems neat with CDBG foods NCIWivg Section 10Imu guamteed foods by awdeft any ®mem against properties owned and arvpled by pasmos of low and moderate Neome, including my ftt charged or sa eamem made a e condition of obNming made W such public lmpmvemems. However, BCDBG funds are used to pay the pmpodim as far waaaamem that reams m the raphal cats of public Improvements (assisted N part with CDBG foods) fimoced from other revenue Sources, an Brea m at or Change may be made agaam the property with respect to the pubac hnprovemems Roamed by a source other than CDBG Neck no juried dioa wile ant antempt d recover soy replied Cats of public improvements wadded with CDBG Nods, including Salim 106, unless CDBG fade are Merl d my the proportion of fee w assessment attributable to the capital casts of public Improvements doomed from oder revenue SOMMS. he d6 me, an amen lit or charge may be made egvat the property with raped to the public improvements Marmot! by awater What than CDBG Nods. Alae, in the eau 4propeNd owned ood aaupiM by mederalriocoma met low-amme) famaiec, an mauam at or charge may be made agalam the property for publk Lmprovemews Named by a source other two CDDG foods V the ]or"Oloo certi6ea that It lacks CDBG fonds to cover the asaamant. Exceselve Force —It has adopted and Is enforcing: L A policy prohibiting the use ofexceisive force by Law enrorcm,em agencim within ks darhmmio9 agWW any mNviauala engaged to ma-vlolent clw rights tlemooshatiovs; and 2. Apo&y of edm<in applicable Stele and boat laws agemat physically barring emronce to or exit form a fe¢dily or location which is the sublet aSuch non-Aulaut oW rights demoostndms Within ib Jmhallwon. Compliance With Aoti-0iecriminetba laws — The great will be conducted and admill6lered in conformity whh litre VI of she CIA Rights Act of 1964 (42 USC Mal), the Face Housing Act (42 USC 3601-3619), ane implementing regulations. Leablhoed t§im —Its aWfirallon, impe':lon, tMNg and abatement procedures coaeentiag lead-based paint vitt comply with the Muiremeats of W CFR 3SI0.600. Compllance wiW Lam — R wID comply with applicable have. APPENDIX TO CERTIEICATfONS RiMUMONS CONCERNDSG kAWMG AND DRUG-FREE WORKPLACE REQUDtQ.IXNTS: Tide cerlilicalum 6 a materia represevmfon of tam rppn which rename wen placed when teas ransaedim new mantle or entered Into. SabeaiWan m thu evfifwatiov is a prerequisite for making or reaction Into the tmneection imposed by section 1356, title 31, U.S. Code. Any per ma who Debs to Me the required certification clean be subject to a dvf penalty of net bas then $10,M and ad more thin $100,000 for melt such (afore. 1. By signing aodlor mbmktiog the appliWlm or grant ugtemmt, the greater 6 proNNng the unification. 2. The cern! tion is a material representation W fid mom which reliance is plred wbm%a agency awards the gramt. BltbWerdetefmkedthnt Negruateelmowioglyrmdvedntulae cerilketion, of mberevise violate the requhumeots of &a Drugf w: Workplace Am, IIIID, he wit itlou k may other remedies avefable to %e Federal Gamrracal, may mase x1im authorized "der the Inug-Free Workplace Act. 3. For grandeas other than Individuals. AkernNe I applies. (The in the Ldaemalbv to which IurWirona cerBy3 4. For graders who ere Individuals, Alternate R apples. INea applicablelurisdiclbosJ 5. Workpmees"der towns, ter grantees other than individuals, need ore be Wentidhd on the rectification. Blmowm they mayhe WmiBudk thegmnt applleminv. Rthegravkedow not idemity We workplaces at the time of application, or upon emend, Bthere he no application, the powder must keep the Identity of the workplace(s) ou file In W OR and make %a immmetlen avafable fon Federal ksperon. before m identify alt known workplaces mnstimm a vlomtim of %e gr"tee's drug-rm workplace requirements. 6. Wmkplereideotill®tinea must include the cobalt address of hoildings(m perm a buildings) or other rhes where wide "def the Sweet takes place. Categorical descriptions may be med (e.g., au vehicles of a mem tamed md6ority or State highway department while k opemliov, SIffie employees in each Intrad unemployment office, performers In concert hath or radio mations). ]. R the workplace Weoti<edto the century changes during the performance of the grant, %a gramme shma Inform the agency W the chaoge(s). B It proioudy identified the workplmas to question (see paragraph five). a. TheSooner nary lose" Wthe space provided below the sites) ton the pedurmence of work done In connector with the specific great: phre of Performance (Street address, tky, County, mate, tip code) Check _ V Nese are warkplacm an file that me not identified Fere; The Mifladmi whh regard W We drugfi wmkplace required by 24 CAR part N.subpm F. 9. Delliaimv of tuna he Me Nouprocmemeot Suspearown aM Debarment common rale and Drag -Free workplace a®an rate apply to this cvdficatmo. Granter' attention is ceded,W Particular, W the foliowing defmhiom from these rales: "(7ontrolled mbAaace^ comas a controlled automate W SehedWv I through V of We Cammlled Substances Act (21 D.S.C. S12) and as Amber defined by regulation pl CFR 1308.11 Wsaugh 1308.15); "Conviction" mom a Motion agog (Including a plea of nolo eontendem) or raiWitlon of sentence, mboth, by any judicial body Merged with the re wRiility to determine violations ofthe Federal or Sate criminal Iran Memos; 'Criminal drug Moore' mom a Federal or wroFedW examined siatme Involving the manufacture, distribution, dispenang,use, or paweselon a any s'nmrnued subdancq "]Employee" comm We employee of a grantee directly vagaged N the Pearfarma:re of work andtt a gram, including: W AF "Nrc1 charge" empioyar; (in a8 "indrmt ebmge• employees when their bupmr or Involvernest is insignificant to the pedo mmre of the gam{ and Wti temporary Personnel wad amullenm who we directly engaged in the performance a work ander the gone and who we on the grantee's payroll. Thio deDdtlon doss ad Include Workers out on the prod ofthe grmire (e.g., volumeen, even it taut W now a mmchivg requkemem; amdmnm or independent contractors not on the grantee's payroll; or employe® amhrocipiems or subcontractors in tmered wwkplam). 98-211 Attachment A 1 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, thejurisdiction certifies dust Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fah housing, Which means it has conducted an analysis of impediments to our housing choice widen the jurisdiction, will take appropriate actions to overcome flue effects of my impediments identified through that analysis, and maintains records reflecting that analysis and actions in ibis regard. Anti -displacement and Relocation Plan— It oaH comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacanent and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in correction with my activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace —It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or me of controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; 2. Establishing an ongoing drug-frce aworeness program to inform employees about - (a) The daagers of drug abuse in the workplace; (b) Phe "tee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the woftlace; 3. Making it a requirements that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph l that, as a condition of employment under the grant, the employee will - (a) Abide by the terns of the statement; and 98-211 Attachment A 2 (b) Notitythe employer in writing of his or her conviction for a violation of crimiool drop counts occurring in the workplace no later than five calendar days atter such convictions 5. Notifying the agency in writing, within tem calendar days after receiving notice under subparagraph 4(b) from an employee ar otherwise receiving actual notice of such conviction. Employers of convicted employees most provide notice, including position title, to every great officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification cantons) of each affected grans 6. Taking care of the following actions, within 30 calendar days of receiving mrtice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termimtion, consistent with the re luhanmts of the Rehabilitation Act of 1973, as amended, or (b) Reluiring such employee to parricipate satisfactorily in a drag abuse assistance or rehabilitation program approved for such proposes by a Federal, State, or local health, law salmrcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-frce workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. And-Lobbying—To the best of thejorisdiction's knowledge and belief. 1. No Federal appropriated funds have bem paid or will be paid, by or on behalf of it, to my person for iMceacing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with the awarding of my Federal contract, the making of my Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, c rminuadms renewal, amendmad, or modification of any Federal contract, gram, loan, or cooperative agreement; 2. If my funds other thus Federal appropriated fords have bear paid or will be paid to my person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in o mecron with this Federal conduct, great loser, or cooperative agreement, it will complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying,' in accordance with its instructions; and 98-211 Attachment A 3 3. It will require that the language of paragraph (n) of this certification be included in the award documess for all subawards at all tiers (including subcontracts, subgmnts, and Warrants under gross, loans, and cooperative agreemess) act that ali subrompients shall certify and disclose accordingly. Authority of Jurisdiction —The consolidated plan is authorized ander State and local law (as applicable) and thejurisdiction possesses the legal authority to carry out the pmgrms for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan —The housing activities on be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3—It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature /Authorized olscial Title 98-211 Attachment A 4 Specific CDBG Certifications The En idemeat Community certifies that: Citizen Participation --It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFA 91.105, Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long- term community development objectives Wm provide decent housing, espand economic optimmifies immunity for Famous of low and moderate income. (Sce CFR N 570.2 and CFR 24 Pert 570). Following a Plan — It is following a moment consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Fonds— It has complied with the following criteria: 1. Maximum Feasible Prionw. WiN respectm activities expectedm be assistM with CDBG fords, it certifies that it has developed its Action Plan so as m give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight Ile Action Plan may also include activities which the grantee certifies are designed to meet other community development heeds having a particular urgency because existing conditions pose a serious and immediate throw m the health or welfare of the community, and other financial resources are not available; 2. Dverall Benefit The aggregate useof CDBG funds including section 108 guaranteed loans during program yem(s)d999Z19pq (apaiod specified by the grantee consisting of one, two, or three specific consecutive program years), shell principally benefit Formas of low and moderate income in a warier that ensures that at least 70 percent of the meant is expended for activities that benefit such persons during the designated period; 3. Special Amason I It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 low guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including my fee charged or assesvnent made as a condition of obtaining access to such public impmverm es. However, if CDBG funds are used to pay the proportion of a f or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other resume sources, an assessment or change may be made against the 98-211 Attachment A 5 property with respect to the public improvements financed by a source other than CDBG foods. Thsjurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public unprovements financed from other revenue sources. In Us case, an assessment or charge may be made against the property with respect to the public improvements financed by a urce other than CDBG funds. Also, in the case ofproperties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other then CDBG fonds if the jurisdiction cenifes that it lacks CDBG funds to cover the assessment. Excessive Force —rt has adapted and is enforcing: 1. Apolicy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non -violets civil rights demonstrations, and 2. A policy of enforcing applicable State and local laws against physically baiting ermunce to or exit form a facility, or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Compliance With An&diserimivation Laws —The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 20004), the Fair Housing Am (42 USC 3601-3619), and implementing regulations. Lead -Based Paint —Its notification, inspection, testing and abatement procedures concerning lead-based Feint will comply with the requirements of 7a CFR §570.608. Compliancewhh Laws—Itwillcomplywithapplicablelaws Signature/Authorized Official monalaIM an 98-211 Attachment A 6 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: 0 ' " This certification is a material representation of fact upon which reliance was placed when this connection was made or emitted itno. Submission of this carfification is a prerequisite for nuking or emn)ng into this transaction imposed by aecfioh 1352, fide 31, U.S. Code. Any person who fails to file Ne required certification shall be subject to a civil penalty of not less Nan $10,000 and net more Wan $100,000 for each such failure. a. MM"al PIT1001 11 put M, 1. By sighing aMlor scramming Wis application or grant agreement, the grantw is providing the certification. 2. Thecenification is a material representation of fact upon which reliance is placed when the agency awards the gond. If it is later determined] Nm Ne grantee knowingly, rendered a false certification, or otherwise violates & a requirements of the Dmg-Free Workplace Am HUD, in addition to any other remedies available to the Federal Government may take action aoNorimd under the Drug -Free Workplace Act. 3. For grannie other Nan individuals, Alternate l applies. (This is Me information to which jurisdictions certify.) 4. For incomes who are Individuals, Alternate 11 applies. (Not applicablejumalictions.) 5. Workplaces under grams, for graulws other Nan individuals, need not be identified on Ne certification. If known, may may be identified in Ne grant spplicsdmm. If the pounce does not identify Ne workplaces at Ne time of application, or upon awed, if Were is mm application, the grantw must kwp the identity of the workplaces) on file in its office end make the information available for Federal inspection. Failure to identify all known workplaces comments a violation of the grantee's drag -see workplace requirements. 6. Workplace identifications must include Ne acnul address of buildings (or pars of buildings) or other sites where work under the grout takes place. Congeries) descriptions may he used (e.&. all vehicles of mass transit authority or Stale highway deparnsout while in operation. Stene employees in each local unemployment office, performers in warixtir had Is or radio stations). ). If the workplace identified to the agency changes timing the perfounance of the grant, 98-211 Attachment A 7 Ne grantee "I inform the agency of the change(s), Wit previously identified the workplaces is question (see paragraph five). S. negreater may insert in the space provided below the sites) for the perfomunce of work done in connection with the specific grant Place ofPerf ce(Street address, city, county, seem, zip code) City F[all. 73 Harlow S� from act, Petroleum Wine N401 Yabitle blast. (nmare. Illinois Ave.. Banner. peculation. Islaine 04401 Chale _ iftheme are workplaces ua file Nat are not idenfified here; The certification with regard to the ding -free workplace required by 24 CAR part 24, subpart F. 9. Definitions of terms in Ne Nonpraurement Suspension and Debarment common role and Drug -Free Workplace common mle apply to this cettificatiov. Grantees' mtentirn is called, in particular, to the following definitions from Nese rales: "Controlled substance' means a controlled substance in Schedules i through V ofthe Controlled Substances Act (21 U.B.C. 812) and as further defined by regulation (21 CAR 1308.11 through 1308.15) 'Conviction' means a finding of guilt (irciuding a plea of nolo contendere) or interaction ofmntance, or both, by any judicial body charged with the responsibility m determine violations ofthe Federal or Stam criminal drug statues; °Criminal drug seetum° mans a Federal or non -Federal criminal status involving the restaurants, distribution, dispensing,use, or possession of any controlled substance; 'Emoloyr° means the employee of a prance directly engaged in the performances of work under gams, including: (1) NI'i rest charge" employees; (i) all "indirect charge" employees unless their impact or involvement is insignificant to the perfarmurce of the grant; and (iii) temporary personnel and consultants who are directly supplied in Ne performance of work under the Want and who are on the promise's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, m if used to meet matching requirement; consultants or independent contractors not on the grantee's payroll; or employees asubrecipients or subcontractors in covered workplaces).