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RESOLUTION NO. OCSD 04-26
ESTABLISHING A GRANT FUNDING PROGRAM POLICY AND CODE OF
ETHICS
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ESTABLISHING A GRANT FUNDING
PROGRAM POLICY AND CODE OF ETHICS IN SUPPORT OF
MEETING THE CONTRACTUAL REQUIREMENTS OF AWARDING
AGENCIES FOR MONETARY ASSISTANCE GRANTED TO THE
DISTRICT
WHEREAS, it is the intent of the District to pursue publicly available
federal, state, and local monies for District approved projects where the projected
economic benefits are greater than the costs.
WHEREAS, the District has been awarded monetary assistance from and
entered into contractual agreements with federal and state agencies to receive
monetary assistance for District projects. These contractual agreements commit
the District to comply with awarding agencies requirements. Hence the District is
required to develop policies and a Code of Ethics relating to the management of
government monetary assistance awards. The awarding agencies require the
governing body to specify and approve of grant polices and a Code of Ethics.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
ARTICLE I
GRANT FUNDING PROGRAM POLICY
Section 1 : Policy Statement
It is the policy of the District to pursue publicly available federal, state and local
monies for approved projects including the collection, treatment, recycling and
disposal of wastewater and biosolids, monitoring and research, and
environmental stewardship and watershed activities, where such pursuit is
deemed economically practical. Each division is responsible to inform the
District's grant administrator, at the earliest date possible, about their projects
and to work cooperatively with the grant administrator to locate and secure funds
for the projects.
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Section 2: Policy
The District Board of Directors, as the agency's governing body, gives
authorization for the General Manager, or authorized representative or designee,
to apply for and enter into contractual agreements with federal, state, and local
agencies for funding assistance and to commit the institutional, managerial and
financial resources (including funds sufficient to pay the non-federal, non-state,
or non-local share of project cost) to ensure proper planning, management and
completion of the obligations required by the awarding agencies.
The District's Director of Finance, as the agency's Chief Financial Officer, or
designee, the Controller, have the authorization to conduct financial transactions
relating to payment from assistance awards.
The General Manager, or authorized representative or designee, shall develop
procedures for administration of the Grant Funding Program and shall report
annually to the Board of Directors on the Program's implementation.
The District's Board of Directors, management and staff involved in grant
assistance administration shall follow the Orange County Sanitation District Grant
Funding Program's Code of Ethics.
Assistance award applications shall be processed, and awarded funds shall be
administered, through the District's Grant Funding Program.
District staff involved in projects funded by grant money or other government
monetary assistance shall comply with all applicable laws and regulations that
govern the award as well as all other applicable federal state and local regulatory
requirements.
District staff involved in the administration of an assistance award shall make
good faith efforts to ensure that the vendors who are paid in part by federal, state
or local funds comply with the applicable laws and regulations that govern the
award.
For federal grants, the District shall contact the State Single Point of Contact for
Federal Executive Order 12372 to determine whether the application is subject to
the State's intergovernmental review process.
District shall develop an auditing system for assistance awards and retain the
services of an independent auditor to conduct any required audits in compliance
with federal, state or local auditing requirements of assistance awards.
ARTICLE II
GRANT FUNDING PROGRAM CODE OF ETHICS
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The District shall give the awarding agency, through any authorized
representative, access to and the right to examine all records, books, papers or
documents related to the award. The District shall also give such access to the
Comptroller General of the United States and or the State of California, as
appropriate. The District will account for grant funds pursuant to generally
accepted accounting standards and directives of the awarding agency.
Except as otherwise required by law, the District shall not release information to
the public relating to an assistance award that mentions the awarding agency by
name, or any agency employee, without the awarding agency's approval.
District staff shall follow the Code of Ethics established by its Purchasing Division
and, as applicable, California State or federal procurement standards on
assistance funded projects.
The grant administrator or designee directly involved in the administration of
assistance awards, and Board of Directors shall not be involved in the hiring of
staff or procurement of contracts for services funded through assistance awards.
The grant administrator shall comply with any other ethics policy as specified in
individual assistance awards.
The District shall ensure that safeguards are in effect to prohibit Board of
Directors and staff from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or
personal gain.
The District shall certify that no funds appropriated from the federal government
have been paid or will be paid by or on behalf of the District, to any person for
influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, and officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding, extension, continuation,
renewal, amendment, or modification of any federal assistance av,iard$.
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PASSED AND ADOPTED at a regular meeting held $.~pte.~ber 22; .20.04.
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