HomeMy WebLinkAboutAttachment 2 - 2-104 Certificate of Assurance of ComplianceCertification of Assurance of Compliance - Cal OES 2-104 (Rev. 4/2020)
CERTIFICATION OF ASSURANCE OF COMPLIANCE
The applicant must complete a Certification of Assurance of Compliance (Cal OES 2-104),
which includes details regarding Federal Grant Funds, Equal Employment Opportunity
Program, Drug Free Workplace Compliance, California Environmental Quality Act, Lobbying,
Debarment and Suspension requirements, Proof of Authority from City Council/Governing
Board, and Civil Rights Compliance. The applicant is required to submit the necessary
assurances and documentation before finalization of the Grant Subaward. In signing the
Grant Subaward Face Sheet, the applicant formally notifies Cal OES that the applicant will
comply with all pertinent requirements.
Resolutions are no longer required as submission documents. Cal OES has incorporated the
resolution into the Certification of Assurance of Compliance, Section VII, entitled, "Proof of
Authority from City Council/Governing Board." The Applicant is required to obtain written
authorization (original signature) from the City Council/Governing board that the official
executing the agreement is, in fact, authorized to do so, and will maintain said written
authorization on file and readily available upon demand. This requirement does not apply to
state agencies.
Certification of Assurance of Compliance - Cal OES 2-104 (Rev. 4/2020) 1
CERTIFICATION OF ASSURANCE OF COMPLIANCE
I, hereby certify that
(official authorized to sign Subaward; same person as Section 15 on Subaward Face Sheet)
Subrecipient:
Implementing Agency:
Project Title:
is responsible for reviewing the Subrecipient Handbook and adhering to all of the Subaward
requirements (state and/or federal) as directed by Cal OES including, but not limited to, the
following areas:
I. Federal Grant Funds
Subrecipients expending $750,000 or more in federal grant funds annually are required
to secure an audit pursuant to OMB Uniform Guidance 2 CFR Part 200, Subpart F and
are allowed to utilize federal grant funds to budget for the audit costs. See Section 8000
of the Subrecipient Handbook for more detail.
The above named Subrecipient receives $750,000 or more in federal grant funds
annually.
The above named Subrecipient does not receive $750,000 or more in federal grant
funds annually.
II. Equal Employment Opportunity – (Subrecipient Handbook Section 2151)
It is the public policy of the State of California to promote equal employment
opportunity (EEO) by prohibiting discrimination or harassment in employment because
of race, color, religion, religious creed (including religious dress and grooming
practices), national origin, ancestry, citizenship, physical or mental disability, medical
condition (including cancer and genetic characteristics), genetic information, marital
status, sex (including pregnancy, childbirth, breastfeeding, or related medical
conditions), gender, gender identity, gender expression, age , sexual orientation,
veteran and/or military status, protected medical leaves (requesting or approved for
leave under the Family and Medical Leave Act or the California Family Rights Act),
domestic violence victim status, political affiliation, and any other status protected by
state or federal law. Cal OES-funded projects certify that they will comply with all state
and federal requirements regarding equal employment opportunity, nondiscrimination
and civil rights.
Please provide the following information:
Equal Employment Opportunity Officer:
Title:
Address:
Phone:
Email:
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III. Drug-Free Workplace Act of 1990 – (Subrecipient Handbook, Section 2152)
The State of California requires that every person or organization subawarded a grant or
contract shall certify it will provide a drug-free workplace.
IV. California Environmental Quality Act (CEQA) – (Subrecipient Handbook, Section 2153)
The California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000
et seq.) requires all Cal OES funded projects to certify compliance with CEQA. Projects
receiving funding must coordinate with their city or county planning agency to ensure
that the project is compliance with CEQA requirements.
V. Lobbying – (Subrecipient Handbook Section 2154)
Cal OES grant funds, grant property, or grant funded positions shall not be used for any
lobbying activities, including, but not limited to, being paid by or on behalf of the
undersigned, 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 the making of any federal
grant, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal grant or cooperative
agreement.
VI. Debarment and Suspension – (Subrecipient Handbook Section 2155)
(This applies to federally funded grants only.)
Cal OES-funded projects must certify that it and its principals 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 of agency.
VII. Proof of Authority from City Council/Governing Board – (Subrecipient Handbook Section
1350)
The above-named organization (Applicant) accepts responsibility for and will comply
with the requirement to obtain a signed resolution from the city council/governing
board in support of this program. The applicant agrees to provide all matching funds
required for said project (including any amendment thereof) under the Program and
the funding terms and conditions of Cal OES, and that any cash match will be
appropriated as required. It is agreed that any liability arising out of the performance of
this Subaward, including civil court actions for damages, shall be the responsibility of the
grant Subrecipient and the authorizing agency. The State of California and Cal OES
disclaim responsibility of any such liability. Furthermore, it is also agreed that grant funds
received from Cal OES shall not be used to supplant expenditures controlled by the city
council/governing board.
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The applicant is required to obtain written authorization from the city council/governing
board that the official executing this agreement is, in fact, authorized to do so. The
applicant is also required to maintain said written authorization on file and readily
available upon demand.
VIII. Civil Rights Compliance
The Subrecipient complies will 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 and does not use federal financial assistance to engage in
explicitly religious activities.
Certification of Assurance of Compliance - Cal OES 2-104 (Rev. 4/2020) 4
All appropriate documentation must be maintained on file by the project 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
Subrecipient may be ineligible for subaward of any future grants if the Cal OES determines
that any of the following has occurred: (1) the Subrecipient has made false certification, or
(2) violates the certification by failing to carry out the requirements as noted above.
CERTIFICATION
I, the official named below, am the same individual authorized to sign the Grant Subaward
[Section 15 on Grant Subaward Face Sheet], and hereby swear that I am duly authorized
legally to bind the contractor or grant Subrecipient to the above described certification. I
am fully aware that this certification, executed on the date and in the county below, is
made under penalty of perjury under the laws of the State of California.
Authorized Official’s Signature:
Authorized Official’s Typed Name:
Authorized Official’s Title:
Date Executed:
Federal Employer ID #: Federal DUNS #
Current System for Award Management (SAM) Expiration Date:
Executed in the City/County of:
AUTHORIZED BY: (not applicable to State agencies)
City Financial Officer County Financial Officer
City Manager County Manager
Governing Board Chair
Signature:
Typed Name:
Title: