d. Notify the agency, in writing, within 10 calendar days after receiving notice under
<br />subparagraph (c)(3) from an employee or otherwise receiving actual notice of such
<br />conviction. Employers of convicted employees must provide notice, including position
<br />title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633
<br />Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification
<br />number(s) of each affected grant.
<br />e. Take one of the following actions, within 30 calendar days of receiving notice under
<br />subparagraph (c)(3), with respect to any employee who is so convicted.
<br />1) Take appropriate personnel action against such an employee, up to and including
<br />termination, consistent with the requirements of the Rehabilitation Act of 1973, as
<br />amended; or
<br />2) Require such employee to participate satisfactorily in a drug abuse assistance or
<br />rehabilitation program approved for such purposes by a Federal, State, or local health,
<br />law enforcement, or other appropriate agency.
<br />f. Make a good faith effort to continue to maintain a drug -free workplace through
<br />implementation of paragraphs (a), (b), (c), (d), and (e).
<br />4. SWEATFREE CODE OF CONDUCT:
<br />a. All applicants contracting for the procurement or laundering of apparel, garments or
<br />corresponding accessories, or the procurement of equipment, materials, or supplies, other
<br />than procurement related to a public works contract, declare under penalty of perjury that
<br />no apparel, garments or corresponding accessories, equipment, materials, or supplies
<br />furnished to the state pursuant to the subgrant have been laundered or produced in whole or
<br />in part by sweatshop labor, forced labor, convict labor, indentured labor under penal
<br />sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
<br />with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
<br />penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
<br />The applicant further declares under penalty of perjury that they adhere to the Sweatfree
<br />Code of Conduct as set forth on the California Department of Industrial Relations website
<br />located at www.dir.ca.gov, and Public Contract Code Section 6108.
<br />b. The applicant agrees to cooperate fully in providing reasonable access to the applicant's
<br />records, documents, agents or employees, or premises if reasonably required by authorized
<br />officials of the contracting agency, the Department of Industrial Relations, or the
<br />Department of Justice to determine the contractor's compliance with the requirements
<br />under paragraph (a).
<br />5. DOMESTIC PARTNERS: For subgrants executed or amended after July 1, 2004, the
<br />applicant may elect to offer domestic partner benefits to the applicant's employees in
<br />accordance with Public Contract Code section 10295.3. However, the applicant cannot
<br />require an employee to cover the costs of providing any benefits which have otherwise been
<br />provided to all employees regardless of marital or domestic partner status.
<br />TERMS AND CONDITIONS
<br />The following laws apply to persons or entities doing business with the State of California.
<br />FY 06 EMPG Grant Guide for Local Government
<br />
|