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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