HomeMy WebLinkAboutAGENDA REPORT 2009 0902 CC REG ITEM 10GTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
The Honorable City Council
ITEM 10.G.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of 9 -a -aoo9
ACTION: AnA
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'ay:
John Brand, Senior Management Analyst ao
August 19, 2009 (CC meeting of September 2, 2009)
SUBJECT: Consider Resolution Authorizing Submittal of an Emergency
Management Performance Grant Application, and Amending Fiscal Year
2009 -2010 Budget to Reflect $9,047.72 in Grant Revenue
SUMMARY
The City Council is being asked to consider authorizing submittal of the City's application for
an Emergency Management Performance Grant in the amount of $9,047.72 for the
purpose of implementing eligible emergency preparedness activities.
BACKGROUND
The federal Department of Homeland Security's Emergency Preparedness and Response
Directorate, better known as the Federal Emergency Management Agency (FEMA), provides
grants to help state and local governments better prepare for and respond to all hazards,
disasters, and emergency situations. The Emergency Management Performance Grant
(EMPG) program provides states the flexibility to allocate funds according to risk
vulnerabilities and to address the most urgent state and local needs in disaster mitigation,
preparedness, response, and recovery. The need to enhance emergency management
systems in California was recognized in the Governor's Executive Order (S- 02 -05) and
demonstrated in the lessons learned from the 2005 Katrina and Rita disasters in the south
and gulf states. The EMPG program provides an opportunity to achieve greater integration of
emergency management systems at all levels of government.
The purpose of the Fiscal Year 2009 Emergency Management Performance Grant (FY09
EMPG) is to support comprehensive emergency management at the state, tribal and local
levels and to encourage the improvement of mitigation, preparedness, response, and
recovery capabilities for all hazards. Funds provided under the EMPG must be used to
support activities that contribute to the Operational Area's capability to prevent, prepare for,
mitigate against, respond to, and recover from emergencies and disasters, whether natural
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EMPG 2009 -2010
CC Meeting of September 2, 2009
Page 2
or man -made. Towards this end, the State Office of Emergency Services has established
emergency management priorities, goals, and objectives for California. Operational Area
activities under this subgrant must be tied to these priorities, goals, and objectives. The
goals address five main categories:
1. Partnership and Leadership
2. Planning and Operations
3. Infrastructure and Communication
4. Education, Training, and Exercises
5. Funding and Resources
The FY09 EMPG requires a dollar- for - dollar match. This can be cash or in -kind. The City's
required match may be met primarily with in -kind contributions of staff time. Any match in
cash would be in for materials, equipment, or supplies included in the FY 2009 -2010
budget for Emergency Management.
DISCUSSION
The California Emergency Management Agency has approved the County of Ventura's Fiscal
Year 2009 Emergency Management Performance Grant application in the amount of
$177,757. As a member of the Ventura County Operational Area, the city of Moorpark is
included as a subgrantee in the County of Ventura's application.
As the Operational Area lead agency, the Ventura County Sheriffs Office of Emergency
Services (OES) will retain about half that amount, with the remainder to be divided by 11 (10
cities and the unincorporated areas) on a per capita basis. Moorpark is entitled to receive a
total of $9,047.72. Staff proposes to claim the entire amount available to the City.
The City must adopt a resolution (Attachment "A "); a state resolution form (Attachment "B ");
and an Application for Assistance (Attachment "C ") to receive the money, which is paid on a
reimbursement basis. The City's funding request must be consistent with the state's goals
and objectives for the funds. Staff proposes using portions of the EMPG funds to offset the
City's General Fund expenditures for its Emergency Management program in the following
areas:
1. Hazard Mitigation Plan Update
2. Emergency Operations Center (EOC) and National Incident Management
System (NIMS) Staff Training
3. Implementation of Emergency Notifications Override on MPTV 10
Preparedness
The EMPG grant may be used to help pay for eligible expenses listed above and can include
S:Wssistant City ManagerVohn Brand\Emergency Management\Emergency management projects\Emergency & Homeland Security Grants\EMPG
2009 \EMPG grant 2009- 2010.doc
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EMPG 2009 -2010
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staff training, equipment, and supplies.
FISCAL IMPACT
If approved, City General Fund (1000) revenue would increase by $9,047.72. These funds
will offset previously approved General Fund (1000) expenditures for its Emergency
Management program.
STAFF RECOMMENDATION (ROLL CALL VOTE)
Approve the grant funding request and adopt Resolution No. 2009 -
Attachment "A" EMPG Resolution
Attachment "B" State OES Resolution Form
Attachment "C" EMPG Application For Assistance
SAAssistant City ManagerVohn Brand\Emergency Management\Emergency management projects\Emergency & Homeland Security Grants\EMPG
2009\EMPG grant 2009- 2010.doc
261
Attachment "A"
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING SUBMITTAL OF
AN EMERGENCY MANAGEMENT PERFORMANCE GRANT,
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
AGREEMENTS, CONTRACTS, AND REQUESTS FOR
PAYMENT, AND AMENDING THE FY 2009 -2010 BUDGET
TO REFLECT THE GRANT REVENUE
WHEREAS, the Moorpark City Council recognizes that it is in the public interest
to implement programs to support homeland security, emergency preparedness, and
disaster response; and
WHEREAS, the United States Congress has provided Emergency Management
Performance Grant (EMPG) funds that may be used for necessary and essential
expenses involved in the development, maintenance, and improvement of state and
local emergency management programs; and
WHEREAS, the state of California has been allocated federal EMPG funds and
subgranted certain EMPG funds to designated county Operational Areas; and
WHEREAS, the County of Ventura Sheriff's Office of Emergency Services, as
lead agency for the Ventura County Operational Area, has designated EMPG funds that
are available to the City of Moorpark.
WHEREAS, on July 1, 2009, the City Council adopted the budget for Fiscal Year
2009/2010; and
WHEREAS, a budget amendment of $9,047.72 in the General Fund (1000) is
requested to reflect the grant revenue.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark authorizes the submittal
of an Emergency Management Performance Grant (EMPG) in accordance with grant
guidelines established by the Governor's Office of Emergency Services; and
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Resolution No. 20097
Page 2
SECTION 2. The City Manager; Assistant City Manager; Senior Management
Analyst coordinating Emergency Management Services; or a designee named by the
City Manager, is hereby authorized and empowered to execute in the name of the City
of Moorpark any actions necessary for the purpose of obtaining federal financial
assistance provided by the federal Department of Homeland Security and subgranted
through the state of California, including all necessary applications, contracts, payment
requests, agreements and amendments for the purposes of securing grant funds and to
implement and carry out the purposes specified in the grant application.
SECTION 3. The Fiscal Year 2009 -2010 budget is amended to reflect the
grant revenue as shown in "Exhibit 1 ".
SECTION 4. The City Clerk shall certify to the adoption of the resolution and
shall cause a certified resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 2nd day of September 2009.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit 1
263
EXHIBIT 1
BUDGET AMENDMENT FOR GENERAL FUND (1000)
EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)
FY 2009 -2010
FUND ALLOCATION TO:
Fund
Account Number
Amount
General Fund
1000 -5500
$ 9,047.72
$ 9,047.72
$ 9,047.72
Total
$ 9,047.72
DISTRIBUTION OF REVENUE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
1000 -3617
$ 0.00
$ 9,047.72
$ 9,047.72
Total
$ 0.00
$ 9,047.72
$ 9,047.72
Approved as to Form: * 61 ALIL,
264
Attachment "B"
Governing Body Resolution
BE IT RESOLVED BY THE City Council -
(Governing Body)
OF THE City of Moorpark THAT
(Name of Applicant)
the City Manager m OR
(Name or Title of Authorized Agent)
the Assistant City Manager OR
(Name or Title of Authorized Agent)
the Senior Management Analyst coordinating Emergency Management Services ,
(Name or Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the named applicant, a public entity estab-
lished under the laws of the State of California, any actions necessary for the purpose of obtain-
ing federal financial assistance provided by the federal Department of Homeland Security and
subgranted through the State of California.
Passed and approved this 2nd day of September , 2009
I,
(Title)
Certification
(Name)
of the
duly appointed and
(Governing Body)
do hereby certify that the above is a true and correct copy of a resolution passed and approved by
the
(Governing body)
of the City of Moorpark on the
(Name of Applicant)
day of
(Official Position)
(Signature)
(Date)
120
265
Attachment "C"
FY 2009 EMERGENCY MANAGEMENT PERFORMANCE GRANT
APPLICATION FOR ASSISTANCE
APPLICANT: City of Moorpark
Jurisdiction
CONTACT INFORMATION:
799 Moorpark Avenue
Mailing Address
Moorpark CA 93021
City, State, Zip Code
Maximum Amount $9,047.72
Allowed
Amount Requested Per $9,047.72
Budget Worksheet
John Brand Senior Management Analyst
Name/Title
(805) 517 -6248
Area Code/Office Telephone Number
jbrand e ci moorpark.ca.us
E -mail Address
APPLICATION CHECKLIST: All of the following items must be included with this subgrant
application package.
Application for Assistance
Program Narrative
Budget Worksheet
Governing Body Resolution
Grant Assurances
CERTIFICATION AND SIGNATURE OF AUTHORIZED AGENT
I hereby certify I am vested with the authority, and have the approval of the jurisdiction, to enter into this
subgrant award agreement; and all funds received pursuant to this agreement will be spent exclusively on the
purposes specified. The grant recipient signifies acceptance of this grant award and agrees to administer the
subgrant in accordance with the laws, regulations, guidance documents that apply to this grant program; the
CalEAM Recipient Subgrant Guide for Local Governments; and the CalEMA audit requirements.
Signature of Authorized Agent
City Manager
Title
Steven Kueny, City Manager
Printed Name
Date
FOR VCSD OES USE ONLY
APPLICATION REVIEWED / SUBGRANT AWARD APPROVED BY:
APPLICATION REVIEWED / SUBGRANT AWARD APPROVED ON:
Reviewer Signature
Date
SUBGRANT PERFORMANCE PERIOD: July 01, 2009 to March 31, 2010
OES ID# 111 -00000 CFDA# 97.042 AWARD# 2009 -0015
266
Attachment "C"
PROGRAM NARRATIVE
OVERVIEW:
The City of Moorpark continues its commitment to emergency preparedness and disaster response with
equipment, training, and community outreach. The City requests EMPG funds to support City Local
Hazard Mitigation Plan, staff training including CPR, AED operation, first aid, and an EOC tabletop
exercise and response drill. Additionally, EMPG funds may be used for public outreach as the city
implements an emergency notification system for its government access channel that can be activated
offsite by authorized staff. The City is anticipating a Homeland Security Emergency Management
Performance Grant for $9,280 in FY 2008 -2009 to support some of these expenditures.
GOAL /OBJECTIVE
ACTIVITY
TASKS TO BE COMPLETED
August 2009 — Committee Kickoff
September 2009 — Develop Draft
B — 1, 3
Update Local Hazard Mitigation
December — Review draft Update
Plan
January 2010 — Final Plan
Adoption by City Council
B — 1
EOC and NIMS Training
February — EOC tabletop
D — 1,2,3
December 2009 — Develop
Implement Emergency
Emergency message slides
B — 1, 2
Notification override of MPTV 10
City TV channel, including off -site
March 2010 — Test launch system
activation
267
Attachment "C"
BUDGET WORKSHEET
Double click on the chart below to open it as an Excel spreadsheet.
Equipment Ex enses
Exercise Expenses
Operating Expenses
$ 9,047.72
Personnel Expenses
Training Expenses
TOTAL
$ 9,047.72
.:
Attachment "C"
Governing Body Resolution
BE IT RESOLVED BY THE City Council
(Governing Body)
OF THE City of Moorpark THAT
(Name of Applicant)
the Cityanager OR
(Name or Title of Authorized Agent)
the Assistant City Manager OR
(Name or Title of Authorized Agent)
the Senior Management Analyst coordinating mergency Management Services ,
(Name or Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the named applicant, a public entity established
under the laws of the State of California, any actions necessary for the purpose of obtaining federal
financial assistance provided by the federal Department of Homeland Security and subgranted through
the State of California.
Passed and approved this 2nd day of September , 2009
Certification
I, Deborah S. Traffenstedt , duly appointed and
(Name)
Administative Services Director and City Clerk of the City of Moorpark
(Title) (Governing Body)
do hereby certify that the above is a true and correct copy of a resolution passed and approved by
the City Council of the City of Moorpark on the
(Governing body) (Name of Applicant)
2nd day of September 12009
Administative Services Director and City Clerk
(Official Position)
(Signature)
(Date)
269
Attachment "C"
FY 2009 Emergency Management Performance Grant
Assurances, Certifications, Terms, and Conditions
ASSURANCES
The applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations,
policies, guidelines, and requirements, including OMB Circulars A -87, A -102, A -133; Executive Order
12372 (intergovernmental review of federal programs); and 44 C.F.R. pt.13 (administrative
requirements for grants and cooperative agreements). The applicant also specifically assures and
certifies that:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non - Federal share of project costs) to
ensure proper planning, management and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate,
the State, through any authorized representative, access to and the right to examine all records,
books, papers, or documents related to the award; and will establish a proper accounting system in
accordance with generally accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal
gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of
the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728 -4763) relating
to prescribed standards for merit systems for programs funded under one of the nineteen statutes or
regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel
Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683, and 1685 - 1686), which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age
Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101- 6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and
527 of the Public Health Service Act of 1912 (42 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 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to non - discrimination in the
sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and 0) the requirements of
any other nondiscrimination statute(s) which may apply to the application.
PZI&I
Attachment "C"
7. Will comply, or has already complied, with the requirements of Titles II and 111 of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which
provide for fair and equitable treatment of persons displaced or whose property is acquired as a
result of Federal or federally assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal participation in purchases.
8. Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501 -1508 and 7324 -7328) which
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to
276a7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours
and Safety Standards Act (40 U.S.C. §§ 327 - 33.3), regarding labor standards for federally assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93234) which requires recipients in a special flood
hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act
of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities
pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood
hazards in floodplains in accordance with EO 11988; (e)assurance of project consistency with the
approved State management program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation
Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);
(g) protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered
Species Act of 1973, as amended, (P.L. 93 -205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of
historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
469a -1 et seq.).
14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
15. 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 assistance.
271
Attachment "C"
16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.),
which prohibits the use of lead based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the
Single Audit Act of 1984 or OMB Circular No. A -133, Audits of Institutions of Higher Learning
and other Non - profit Institutions.
18. Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations and policies governing this program.
CERTIFICATIONS
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, 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 to 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 modification 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
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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language 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
accordingly. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification 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 certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
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 employee of Congress, or an
employee of a Member of Congress 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,
P &tea
Attachment T"
U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
2. DEBARMENT SUSPENSION AND OTHER RESPONSIBILITY MATTERS (DIRECT
RECIPIENT):
As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR, Part
17:
A. The applicant certifies that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced
to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from
covered transactions by any Federal department or agency;
(2) Have not within a three -year period preceding this application 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 performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (A)(2) of this certification; and
(4) Have not within a three -year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall
attach an explanation to this application.
3. CERTIFICATIONS REGARDING DRUG -FREE WORKPLACE REQUIREMENTS: This
certification commits the applicant to compliance with the certification requirements under 44 CFR,
Part 17 Government -wide Requirements for Drug -Free Workplace (Grants).
A. The grantee certifies that it will or will continue to provide a drug -free 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 awareness program to inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
273
Attachment "C"
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in
the workplace;
(c) Making it a requirement that each employee to be engaged 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 terms of the statement; and
(2) Notify the employer in 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;
(e) 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 conviction.
Employers of convicted employees must 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 number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted—
(1) 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 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;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation
of paragraphs (a), (b), (c), (d), (e) and (f).
4. SWEATFREE CODE OF CONDUCT:
a. All applicants contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement
related to a public works contract, declare under penalty of perjury that no apparel, garments or
corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the
subgrant have been laundered or produced in whole or in part by sweatshop labor, forced labor,
convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation
of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor,
indentured labor under penal sanction, abusive forms of child labor or exploitation of children in
sweatshop labor. The applicant further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations
website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The applicant agrees to cooperate fully in providing reasonable access to the applicant's records,
documents, agents or employees, or premises if reasonably required by authorized officials of the
274
Attachment T"
contracting agency, the Department of Industrial Relations, or the Department of Justice to
determine the contractor's compliance with the requirements under paragraph (a).
5. DOMESTIC PARTNERS: For subgrants executed or amended after July 1, 2004, the applicant may
elect to offer domestic partner benefits to the applicant's employees in accordance with Public
.Contract Code section 10295.3. However, the applicant cannot require an employee to cover the
costs of providing any benefits which have otherwise been provided to all employees regardless of
marital or domestic partner status.
TERMS AND CONDITIONS
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Applicant needs to be aware of the following provisions regarding
current or former state employees. If subgrantee has any questions on the status of any person
rendering services or involved with the Agreement, the awarding agency must be contacted
immediately for clarification.
Current State Employees (Public Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the
officer or employee receives compensation or has a financial interest and which is sponsored or
funded by any state agency, unless the employment, activity or enterprise is required as a condition
of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with
any state agency to provide goods or services.
Former State Employees (Public Contract Code §10411):
1) For the two -year period from the date he or she left state employment, no former state officer or
employee may enter into a contract in which he or she engaged in any of the negotiations,
transactions, planning, arrangements or any part of the decision - making process relevant to the
contract while employed in any capacity by any state agency.
2) For the twelve -month period from the date he or she left state employment, no former state officer
or employee may enter into a contract with any state agency if he or she was employed by that
state agency in a policy - making position in the same general subject area as the proposed contract
within the 12 -month period prior to his or her leaving state service.
If applicant violates any provisions of above paragraphs, such action by applicant shall render this
Agreement void. (Pub. Contract Code § 10420)
Members of boards and commissions are exempt from this section if they do not receive payment
other than payment of each meeting of the board or commission, payment for preparatory time and
payment for per diem. (Pub. Contract Code § 10430 (e))
2. LABOR CODE /WORKERS' COMPENSATION: Applicant needs to be aware of the provisions
which require every employer to be insured against liability for Worker's Compensation or to
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Attachment T"
undertake self - insurance in accordance with the provisions, and applicant affirms to comply with
such provisions before commencing the performance of the work of this Agreement. (Labor Code
Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Applicant assures the State that it complies with the
Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C.
12101 et seq.)
4. APPLICANT NAME CHANGE: An amendment is required to change the applicant's name as listed
on this Agreement. Upon receipt of legal documentation of the name change the State will process
the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of
said amendment.
5. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy
of a resolution, order, motion, or ordinance of the local governing body which by law has authority to
enter into an agreement, authorizing execution of the agreement.
6. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the applicant shall not be:
(1) in violation of any order or resolution not subject to review promulgated by the State Air
Resources Board or an air pollution control district;
(2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the
Water Code for violation of waste discharge requirements or discharge prohibitions; or
(3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and applicant may be ineligible for award of any future State
agreements if the department determines that any of the following has occurred: the applicant has made
false certification, or violated the certification by failing to carry out the requirements as noted above.
(Gov. Code §8350 et seq.)
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to
legally bind the prospective jurisdiction to the assurances and certifications listed above.
Jurisdiction (Printed)
City of Moorpark
By (Authorized Signature)
Printed Name and Title of Person Signing
Steven Kueny, City Manager
Date Executed
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