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).