HomeMy WebLinkAboutResolution #3240~ ~ l
RESOLUTION N0. 3240
A RESOLUTION ESTABLISHING A DRUG FREE WORKPLACE POLICY, APPROVING,
LOBBYING CERTIFICATIONS AND OTHER ASSURANCES FOR AN EDA GRANT
APLPLICATION FOR THE CITY OF CANTON, ILLINOIS
WHEREAS, the Canton City Council of the City of Canton has
determined that it is necessary and in the best interest of the
City of Canton to establish a drug free workplace and to approving
lobbying certifications and other assurances for an EDA grant
appliation for the City of Canton.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follows:
1. That the drug free workplace lobbying certifications and
other assurances, attached hereto and made apart hereof as
Exhibit "A" are hereby approved.
2. That the Mayor and City Clerk are hereby authorized and
directed to provide copies of the policy to all employees of the
City of Canton, Illinois.
3. That this Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Illinois.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 21st day of June, 1994,
upon a roll call vote as follows:
AYES: Aldermen May, Sarff, Phillips, Molleck, Coay.
NAYS: None.
ABSENT: Chapman, Bohlen, Meade,
APPR D:
Donal E. Edwards, Mayor ~
ATTEST:
Nanc tes, ,ty er
M E M 0
To: All City of Canton General Personnel
From: Mayor Edwards
Re: Drug-Free Workplace Act of 1983
Date : June 21 , 1994
Please be advised that, pursuant to the Drug-Free Workplace
Act of 1988 and implemented at 15 CFR Part 26, Subpart F, Sections
26.605 and 26.610, that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is
prohibited in all City of Canton workplaces.
Further, any violation of this Drug-Free Workplace Act will
involve appropriate personnel action within 30 calendar days of
receiving notice against a violator up to and including
termination of employment, consistent with the requirements of the
Rehabilitation Act of 1973 or will require an 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.
The City of Canton wants its employees to know that the
City will be establishing an ongoing drug-free awareness program
to inform employees of the following: about the dangers of drug
abuse in the work place; available drug counseling; rehabilitation
and employee assistance programs; its policy of maintaining a
drug-free workplace; and the penalties that may be imposed upon
employees for drug abuse violations occuring in the workplace.
As a condition of City employment pursuant to the EDA
Grant, all employees are to abide by the terms of paragraph one of
this memo and to notify the City of Canton in writing of any
conviction for a violation of a criminal drug statute oecuring in
the workplace no later than five calendar days after such a
conviction. In turn, the City promises to notify the EDA Agency
after receiving notice from an employee or otherwise receiving
actual notice of an employee conviction.
The City of Canton will strive to be a drug free workplace
and urges all employees to take this matter most seriously.
'EXHIBIT VI-C-1
PORN CO.61 /
(7•fl)
uN(TED aTATES DEPAR111ENT Of* COAAArERCE
CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS;' DRUG-FREE WORKPLACE REGIUIREMENTS
AND LOBBYING
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants
should also review the instructions for certification included in the regulations before completing this form. Signature on this form
provides for compliance with certification requirements under 15 CFR Part 26, "Govemrttentwide Debarment and Suspension
(Nonprocurement>"and "GovernmentwideRequlrements for Drug-Free Workplace" and t S CFR Part 28, "New Restrictions on
Lobbying." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the
Department of Cortunerce determines to award the covered transaction, grant, or cooperative agreement.
DEBARMENT, SUSPENSION ANO OTHER
RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment anti.
Suspension, and implemented at 15 CFR Part 28, br pro-
spective participants in primary covered transactions, as
Gllilfidt3 ai; i ~ ii'n Piaui LO, 30Guiii'~S `:a. i vv &~luc':. t i ~ -
(1) The prospective primary participant certifies to the best of
its knowledge and belief, that it and its principals:
(a) Ara not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily exduded Irom
covered transactions by any Federal department or agency;
(b) Have not within athree-year period preceding tfus
proposal 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 pertorm-
ing apublic (Federal, State or local) transaction or contract
under a public transaction; violation of Federal or Stets
antitrust statutes or commission of embeulement, theft,
forgery, bribery, falsification or destruction of records, mak-
ing false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, Slats or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within athree-year period preceding this ap•
plication/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
(2) Whero the prospective primary participant is unable b
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
2. DRUG-FREE WORKPLACE REQUIREMENTS
Alternate 1. Grantees Other Than Indlvlduals
As required by the Drug-Free Workplace Ad of 1988, and
implemented at 15 CFR Part 26, Subpart F, for grantees, as
defined at 15 CFR Part 28, Sections 26.605 and 26.610 -
A. The grantee certifies that it will or will continue to provide
a drug-froe workplace by:
(a) Publishing a statement notifying employees that 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 violation of such prohibition;
(b) Establishing an ongoing drug-free awaroness program to
inform employees about-
(i) Tha dd~'?g6r$ ^-f ~ ~y .°.~;.'SO .Z v~3 :".1Qr::^I?.w•
M ~
(2) The grantee's pdicy ofmaintaining adrug-free workplace;
(3) My available drug counseling, rehabilitation, and em-
ployee assistance programs; and
(4) The penalties that maybe imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to bs en-
gaged in the performance of the grant be given a copy of the
statement required by Paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that. as a condition of employment under the
grant, the employee will-
(1)Abide by the tsnna of the statement; and
(2) Notify the employer in writing of his or her conviction for
a violation of a criminal drug statute orxurrirtg in the workplace
no later than five calendar days after such conviction;
(a) Notifying the agency in writing, within ten calendar days
after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such con-
viction. Employers of convicted employees must provide
notice, including position title. to the Director, Office of
Federal Assistance, Office of Federal Assistance and AAan-
agement Support, HCHB Room 6054, U.S. Department of
Commerce, Washington, DC 20230. Notice shall inducts the
identification number(s) of each affected grant;
(f) Taking one of the following actions, witllin 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convictsd-
(t) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with
the requirements of the Rehabilitation Act of 1973, as amended;
or
(2) Requiring such employee to partidpats satisfactorily in a
drug abuse assistants or rehabilitation program approved
for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
FORM ED-540 (Rev. 7/92) 47 uscorrw lac sar.~1
OMe Approval ExpirN Aupwt 31, 19Y~
(g) Making a good faith effort tocontinue tomaintain adrug-
free workplace through implementation of paragraphs
(a),(b),(c),(d),(e) and (f).
8. The grantee shall insert in the space provided below the
site(s) for the performance of work done in connection with
the sperdtic grant: .
Place of Pertormartce: (Street address, city, county, state,
ZIP code):
Check ^ if there aro workplaces on file that are not iden-
tified here.
Alternate 11. GrantNe Who An Indfvlduals
As required by the Drug-Free Workplace Act of 1988, and
implemented at 15 CFR 26, Subpart F, for Grantees, as
defined at 15 CFR Hart 26, Sections 26.805 and 28.810 -
(A) Ths grantee certifies that, as a condition of the grant, he
or she will not engage in the unlawful manufacture, distribu-
tion,dispensing, possession, or,uss of a controlled substance
in conducting any activity with the grant, '
(B) It convicted of a criminal drug oltenss resulting from a
violation orxurring during the conduct of any grant activity, he
or she will ropoR the conviction, in writing, wi~in 10 calendar
days of the conviction, to tfts Oiroctor, Office of Federal
Assistance, Office of Federal Assistance and Management
Support, HCHB Room 8054, U.S Department of Commerce,
Washington, DC 20230. When notice is made to such a
central point, it shag include the identification number(s) of
each affected grant.
3. L088YING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 15 CFR Part 28, for persons entering into a
grant, cooperative agroement or contract over 6100,000, or
loan or loan guarantee over 6150,000, as defined at 15 CFR
Part 28, Sections 28.105 and 28.110, the applicant certifies
that to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting W influence an officer or employee
of an 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
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 modifica-
tion of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influenpng 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
this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form•
LLL, 'Disclosure Fomn to Report Lobbying,' in accordance
with its instructions.
(3) The undersigned shall require that the language of tftls
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agree-
ments) and that all subreci~ients shall certify and disclose
accordingly.
This certification is a material rsprosentation of fact upon
which reliance was placed when this transaction was made
orenteredinto. Submission of ihiscertificationisaprerequisite
for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of
not less than 610,000 and not more than 6100,000 for each
such failure.
Statement for Loan Guarenteee and Loan Ineuranae
The undersigned states, to the best of his or her knowledge
and belief, that:.
If any funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or em-
ployee ofCongress, or anemployee of a MemberofCongress
in connection with this commitment providing for the United
States to insure or guarantee a loan, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required
statement shall be subject to a civil penalty of not less than
610,000 and not more than 6100,000 fior each such failure.
As the duly authorized npnsentattve of the applicant, I hereby certify that the applicant will comply with
the above applicable certification(s).
NAME OF APPLICANT
AWARO NUMBER ANO/OR PROJECT NAME
Citv of Canton
PRINTED NAME ANO TITLE OF AUTHORIZED REPRESENTATIVE
Donald E. Edwards, Mayor City. of Canton
SIG~T4RE GATE
~ v
FORM ED-540 (Rev. 7/92) 48
OMe App-ovN ExpkM AupWt 31, teP4
(Rev ,4/12/94)
SUPPLEMENTAL ASSURANCES ,
CONSTRUCTION PROGRAMS .
EMERGENCY FLOOD PROGRAM
As the duly authorized representative of the applicant I certify
that:
1. The local share is committed and will be available when it is
needed for the project, the identified sources of local share can
be used to match the EDA project, the source of local share will
not affect ownership/title of the facilities, and the local share
may be used in the same manner as EDA funds.
?. The estimated costs are not general expenses required to carry
out the overall responsibilities of the applicant and are not
allo ble to or included as a cost of any other Federally financed
pro jet.
/~I
IGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
City of Canton
APPLICANT ORGANIZATION DATE SUBMITTED
PART V - ASSURANCES
NOTE: Certain of these assurances may be not be applicable to your project or
program. If you have questions, please contact the awarding agency. Further,
certain Fsderal awarding agencies may require applicants to certify to
additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant I certify that the applicant:
1. Has the legal authority to apply 4. Will comply with the requirements
for Federal assistance, and the of the assistance awarding agency
institutional, managerial and with regard to the drafting,
financial capability (including review and approval of construc-
funds sufficient to pay the non- tion plans and specifications.
Federal Ahare of project costs) to
ensure proper planning, management 5. Will provide and maintain competent
and completion of the project ~ and adequate engineering super-
described in this application. vision at the construction site to
ensure that the completed work con-
t. Will give the awarding agency, the forms with the approved plans and
Comptroller General of the United specifications and will furnish
States, and if appropriate, the progress reports and such other
State, through any authorized information as may be required by
representative, access to and the the assistance awarding agency or
right to examine all records, State.
'books, papers, or documents related
to the assistance; and will estab- 6. Will initiate and complete the
lish a proper accounting system in work within the applicable time
accordance with generally accepted frame after receipt of approval of
accounting standards or agency the awarding agency.
directives.
7. will establish safeguards to pro-
~3. Will not dispose of, modify the use hibit employees from using their
of, or change the terms of the real positions for a purpose that
property title, or other interest constitutes or presents the appear-
in the site and facilities without ance of personal or organizational
permission and instructions from conflict of interest, or personal
the awarding agency. Will record gain.
the Federal interest in the title
of real property in accordance with 8. Will comply with the Intergovern-
awardinq agency directives and will mental Personnel Act of 1970 (42
include a covenant in the title of U.S.C. SS 4728-4763) relating to
real property acquired in whole or prescribed standards for merit
in part with Federal assistance systems for programs funded under
funds to assure nondiscrimination one of the nineteen statutes or
during the useful life of the regulations specified in Appendix
project. A of OPM's Standards for a Merit
System of Personnel Adminiatratiop
(5 C.F.R. 900, Subpart P).
FORM ED-540 (Rev. 7/92) 21
OMB Approval Expiraa Auquat 31, 1994
9. Will comply with the Lead-Based
'~ Paint Poisoning ;Prevention Act (42
U.S.C. SS 4801 et seq.) which pro-
hibits the use of lead based paint
in construction or rehabilitation
of residential structures.
10. Will comply with all Federal
statutes relating to non-
discrimination. These include but
are not limited to: (aI Title VI
of the Civil Rights Act of 1964
(P. L. 88-352) which prohibits dis-
crimination on the basis of race,
color or national origin;(b) Title
IX of the Education Amendments of
1972, as amended (20 U.S.C. SS
1681-1683, and i685-1ab6) which
prohibits discrimination on the
basis of sexy and Section 112 of
P.L. 92-65 which prohibits sex
discrimination in PWBDA programs;
(c) Section 504 of the Rehahilita-
tion Act of 1973, as amended (29
U.S.C. S 794) which prohibits
discrimination on the basis of
handicaps; (dl the Aqe Discrimi-
nation Act of 1975, as amended (42
U.S.C. SS 6101-6107) which prohi-
bits discrimination on the basis
of ages (e) the Drug Abuse Office
and Treatment Act of 1972 (P.L.
93-255), as amended, relating to
non-discrimination on the basis of
drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Pre-
vention, Treatment and Rehabilita-
tion Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimina-
tion on the basis of alcohol abuse
or alcoholism; (g) SS 523 and 527
of the Public Health Service Act
of 1912 t42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to
confidentiality of alcohol and
drug abuse patient records; (h)
Title VIII of the Civil Rights Act
of 196A (42 U.S.C. S 3601 et seQ.)
as amended, relating to non-
discrimination fn the sale, rental
or financing of housing; (i~) any
other non-discrimination provision
in the specific statute(s) under
which application for Federal
assistance is being made; and (j)
the requirements of any other non-
discrimination Statute(s) which
may apply to the application.
11. Will comply, or has already
compli4d, with the requirements of
Titles II and III of the Uniform
Relocation Assistance and real
Property Acquisition Policies Act
of 1970 (P. L. 91-646') and Title IV•
of the Surface Transportation and
Uniform Relocation Assistance Act
of 1987 (P. L. 100-17) which pro-
provides for fair and equitable
treatment of persons displaced or
whose property is acquired as a
result of Federal and federally
assisted programs. These reQuire-
ments apply to all interests in .
real property acquired for project
purposes regardless of Federal
participation in purchases.
12. Will comply with the provisions of
the Hatch Act (5 U.S.C. SS
1501-1508 and 7324-7328) which
limit the political activities of
employees whose principal employ-
ment activities are funded in
whole or in part with Federal
funds.
FORM ED-540 (Rev. 7/92) 22
OM6 Approval Expires Aupwt 31, 1YY4
~~~ 13. Will comply, as applicable, with Clean Air Act of 1955, as amended
the provisions of the Davis-Bacon (42 U.S.C. S 7401 et se .1; (g)
Act (40 U.S.C. SS 276a to 276a-7), protection of underground sources
the Copeland Act (40 U.S.C. S 276c of drinking water under the Safe
and 18 U.S.C. S 874), the Contract Drinking Water Act of 1974, as
Work Hours and Safety Standards amended, (P.L. 93-523); (h) pco-
Act (40 U.S.C. SS 327-333) tection of endangered species under
regarding labor standards for the Endangered Species Act of 1973,
federally assisted construction as amended, (P.L. 93-205); (i)
subagreements. assurance of project compliance
with all existing environmental
14. Will comply, if possible, with the laws and policies in accordance
flood insurance purchase require- with the Environmental Quality
ments of Section 102(a) of the improvement Act, as amended, (42
Flood Disaster Protection Act of U.S.C. 4374); (j) protection of
1973 (P.L. 93-234) which requires navigable waters, fish and wildlife
recipients in 3 sp~~ial flood under the Federal Water Pollution .
hazard area to participate in the Control Act, as amended, (33 U.S.C.
program and to purchase flood 1251, et se .); (k) improvement of
insurance if the total cost of solid and hazardous waste manage-
insurable construction and acquisi- meet in accordance with Resource
lion is 310,000 or more. Conservation and Recovery Act of
1976, as amended, (42 U.S.C. 6901);
15. Will comply with environmental (L) control of noise under the
standards which may be prescribed Noise Control Act of 1972, as
pursuant to the following: (a) amended, (P.L. 92-574); (m) provi-
institution of environmental sion:3 for hazardous substances
quality control measures under the cleanup and emergency response
National Environmental Policy Act pursuant to the Comprehensive
of 1969 (P.L. 91-190) and Exec~itive Environmental Response, Compensa-
Order (E.0.) 11514; (b) notifica- lion and Liability Act of 1980, as
lion of violating facilities amended, (42 U.S.C. 9601 et se .);
pursuant to E.O. 11738; (c) protec- (n) conservation and management of
lion of wetlands pursuant to F.O. fish and wildlife, particularly
11990; (d) evaluation of flood nongame, under the Fish and
hazards in floodplains in accor- ~ Wildlife Conservation Act, as
dance with E.O. 11988; (e) assur- amended, (16 U.S.C. 2901 et seq.);
ance of project consistency with (o) preservation of prime farmland
the approved State management pro- for agricultural purposes under
gram developed under the Coastal the Farmland Protection Policy Act
Zone Management Act of 1972 (16 of 1981 (7 U.S.C. 4201 et seq.);
U.S.C. ~S 1451 et ge .)t (f) (p) protection of the natural
conformity of Federal actions to resources pursuant to the Coastal
State (Clean Air) Implementation Barrier Resources Act of 1982, as
Plans under Section 176(c) of the amended, (16 U.S.C. 3501 et se .);
FORM ED-540 (Rev. 7/92) 23
OMB Approval t.xpira Augwt 3t, 1994
. (q) protection of marine environ-
ment under the Marine Protection,
Research and Sanctuaries Act of
1972, as amended, P.L. 92-5321 (r)
regulation of testing and proces-
sing of chemicals under the Toxic
Substances Control Act, as amended,
P.L. 94-4691 and (s) protection of
all species of Wildlife resources
and their habitat under the Fish
and Wildlife Coordination Act, as
amendsd, P.L. 89-72.
16. Will comply with the Wild and
Scenic Rivers Act of 1968 (16
U.S.C. SS 1271 et se .) related to
pr:tect±ng components or potential
components of the national wild
and scenic rivers system.
17. Will assist tha awarding agency in
assuring cpapliance with Section
106 of the National Historic Pre-
servation Act of 1966, as amended
(16 U.S.C. 470), E.O. 11593
(identification and preservation
of historic properties), and the
Archaeological and Historic
Preservation Act of 1974 (16
U.S.C. 469a-1 et se .).
18. Will cause to be performed the.
required financial and compliance
audits in accordance with the
Single Audit Act of 1984.
19. will operate and maintain the
facility in accordance with the
minimum standards as may be
required or prescribed by the
applicable Federal, State and
local agencies for the maintenance
and operation of such facilities.
20. Will require the facility to be
designed to comply with the
"American Standard Specifications
for Making Buildings and Facilities
Accessible to, and Usable by, the
Physically Handicapped," Number
A117.1-1961, as modified (41 CFR
101-17.703). The applicant will
be responsible for conducting
inspections to insure compliance
with these specifications by the
contractor.
21. (Not applicable to State and Local
Governments)
In consideration of EDA making s
grant and/or loan requested by an
Applicant s.:sich is a business
enterprise, for this project, it
agrees that for a period of two
years after disbursement by EDA of
said grant and/or loan or any part
thereof, it will not employ or
tender any office or employment
to, or retain for professional
services, any person who, on the
date of such disbursement, oc
within one year prior to said
date, shall have served as an
officer, attorney, or agent or
employee of EDA occupying a
position or engaged in activities
which EDA has determined involves
discretion with respect to the
granting of assistance under the
Public Works and Economic Develop-
ment Act of 1965, as amended.
22. Will comply with P. L. 93-348
regarding the protection of human
subject invovled in reseach,
development, and related activities
supported by this award of assis-
tance.
FORM ED-540 (Rev. 7/92) 24
OMB ApprovN Expfrp August 31, 19p4
23. Will comply with the Laboratory
Animal welfare Act of 1966 (P.L.
89-544, as amended, 7 U.S.C. 2131
et seq.) pertaining to the care,
handling, and treatment of warm
blooded animals held for research,
teaching, or other activities
supported by this award of assis-
tance.
24. Will comply with all applicable
requirements of all other Federal
laws, Executive Orders, regulations
and policies governing this
program.
25. will comply, or has already
complied, with the Drug-Free
Workplace Act of 1988, P.L.
100-690, Title V, Subtitle D,
and 15 CFR Part 26 (54FR 4946,
January 31, 1989, 54 FR 6363,
February 9, 1989) .
$!GhA RE Of AUTHORIZED CERTIf`/ING OFFICIAL TITLE
i~~~'/ ~~
-~ c
y'~r~?.,Ct.
APPLICANTORGANIZATION DATE SUBMITTED
City of Canton, Donald E. Edwards, Mayor
FORM ED-540 (Rev. 7/92) 25
OMB Approvd Explrp Aupust 31. 1994