HomeMy WebLinkAbout2020 CON Cal OES - State Grant Program Standard Assurancesv
Cal OES
• • 1' } GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
State Grant Program Standard Assurances
As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for State assistance and the institutional,
managerial and financial capability to ensure proper planning, management, and
completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the State programmatic and financial guidelines stipulated by
Cal OES, and available in the Fiscal Year 2019 State Program Guidance, at
www.caloes.ca.gov.
State award requirements are set forth below. The Applicant hereby agrees to comply
with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing
board, or authorized body in support of this project. This written authorization must
specify that the Applicant and the city council, governing board, or authorized
body agree:
a) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
b) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body; and
c) Applicant is authorized by the city council, governing board, or authorized
body to apply for State assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non -State share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application.
d) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only
authorized to perform allowable activities approved under the award, within the
period of performance.
FY 2019 Standard AssurgnPage 1 of 5 Initials
cj Cal CUES
GOVERNOR c OFFICE
OF EMERGENCI SERY;CES
State Grant Program Standard Assurances
As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for State assistance and the institutional,
managerial and financial capability to ensure proper planning, management, and
completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the State programmatic and financial guidelines stipulated by
Cal OES, and available in the Fiscal Year 2019 State Program Guidance, at
www.caloes.ca.qov.
State award requirements are set forth below. The Applicant hereby agrees to comply
with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing
board, or authorized body in support of this project. This written authorization must
specify that the Applicant and the city council, governing board, or authorized
body agree:
a) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
b) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body; and
c) Applicant is authorized by the city council, governing board, or authorized
body to apply for State assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non -State share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application.
d) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only
authorized to perform allowable activities approved under the award, within the
period of performance.
FY 2019 Standard Assurances Page 1 of 5
Initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
State Grant Program Standard Assurances
3. Lobbying and Political Activities
Cal OES grant funds, grant property, or grant funded positions shall not be used for
any lobbying activities. Lobbying activities include, but are not limited to, paying,
either directly by the undersigned or by another party on behalf of the undersigned,
any person to influence or to attempt 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 the making of any grant, the
entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification.
4. Compliance with local, state, and federal laws
The Applicant must comply with all applicable local, state, and federal statutes,
regulations, program plans, and application requirements.
5. Non -Discrimination and Equal Employment Opportunity
The Applicant must comply with all laws that prohibit excluding, denying or
discriminating against any person based on actual or perceived race, color,
national origin, disability, religion, age, sex, gender identity, and sexual orientation in
both the delivery of services and employment practices. These include, but are not
limited to, the following:
a) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101-12213), which
prohibits discrimination on the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
b) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
c) The Applicant will comply with California's Fair Employment and Housing Act
(FEHA) (California Government Code §§ 12940, 12945, 12945.2). FEHA prohibits
harassment and discrimination in employment because of ancestry, familial
status, race, color, religious creed (including religious dress and grooming
practices), sex (which includes pregnancy, childbirth, breastfeeding and
medical conditions related to pregnancy, childbirth or breastfeeding),
gender, gender identity, gender expression, sexual orientation, marital status,
national origin, ancestry, mental and physical disability, genetic information,
medical condition, age, pregnancy, denial of medical and family care leave,
or pregnancy disability leave, military and veteran status, and/or retaliation
for protesting illegal discrimination related to one of these categories, or for
reporting patient abuse in tax supported institutions; and
FY 2019 Standard Assurances Page 2 of 5 Initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
State Grant Program Standard Assurances
d) The requirements of any other nondiscrimination statute(s) that may apply to
this application.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1990 (Government Code §§ 8350,
et seq.), the Applicant certifies that it will maintain a drug -free workplace.
7. Environmental Standards
The Applicant will comply with state environmental standards, including,
a) California Environmental Quality Act (CEQA) (California Public Resources
Code §§ 21000 - 21177), to include coordination with the city or county
planning agency;
b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6,
Chapter 3, § § 15000 - 15387);
The Applicant shall not be: 1) in violation of any order or resolution promulgated
by the State Air Resources Board or an air pollution district; 2) subject to a cease
and desist order pursuant to § 13301 of the California Water Code for violation of
waste discharge requirements or discharge prohibitions; or 3) determined to be in
violation of federal law relating to air or water pollution.
8. Access to Records
The Applicant will maintain such records, and give the State of California, through
any authorized representative, access to and the right to examine those records, as
the State of California deems necessary. Such records will include all paper or
electronic records, books, papers, or documents related to the award, and such
other records as will facilitate an effective audit. The Applicant will also establish a
proper accounting system in accordance with generally accepted accounting
standards.
9. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
10. Financial Management
Applicants will comply with false claims requirements as stipulated in the California
False Claims Act (Government Code §§ 12650 — 126561), which prohibits the
submission of false or fraudulent claims for payment.
FY 2019 Standard Assurances Page 3 of 5 Initials
Cal OES
GOFEEMEME GRSRGENCY OFFICE
OFO SERVICES
State Grant Program Standard Assurances
11. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104).
12. Labor Standards
The Applicant will comply with the following labor standards:
a) The California Labor Code, which provides labor law requirements for the
State of California; and
b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.), as they apply to
Federal, State, and local governments.
13. Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation
laws set forth in California Labor Code §§ 3700 et seq.
FY 2019 Standard Assurances Page 4 of 5 Initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
State Grant Program Standard Assurances
IMPORTANT
The purpose of the assurance is to obtain state financial assistance, including any and
all state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and
agrees that state financial assistance will be extended based on the representations
made in this assurance. This assurance is binding on the Applicant, its successors,
transferees, assignees, etc. Failure to comply with any of the above assurances may
result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or
termination of the grant or both and the recipient may be ineligible for award of any
future grants if Cal OES determines that any of the following has occurred: (1) the
recipient has made false certification, or (2) violates the certification by failing to carry
out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers.
The undersigned represents that he/she is authorized to enter into this agreement for
and on behalf of the Applicant.
Recipient: City of National City
Signature of Authorized Agent:
Printed Name of Authorized Agent: Alejandra Sotelo-Solis
Title: Mayor Date: August 18, 2020
FY 2019 Standard Assurances Page 5 of 5 Initials