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Certified Standard Assurances

Riverside City Council
January 16, 2024

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Certified Standard Assurances
Meeting
January 16, 2024
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Riverside City Council
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Text extracted from the city's file for reading and search. Open the original on riversideca.legistar1.com. That file is the official record.

SHERIFF
Riverside County Sheriff's Department
Certified Standard Assurances
On behalf of the Subrecipient, and in support of this grant agreement, I certify under penalty of perjury, that all of the following are true and correct:

1. LEGAL AUTHORITY
I have the authority to make the following representations on behalf of myself and the Subrecipient. I understand that these representations will be relied upon as material in any Sheriff's Department's decision to make an award to the Subrecipient based on its application. I certify that the Subrecipient has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the project described in the application properly. I assure that, throughout the period of performance for the award made by the COUNTY based on the application--
(1) the Subrecipient will comply with all award requirements and all federal statutes and regulations applicable to the award;
(2) the Subrecipient will require all Second-Tier Subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; financial conflict of interest.

2. FEDERAL STATUTES AND REGULATIONS
The Subrecipient understands that the federal statutes and regulations applicable to the award (if any) made by the Sheriff's Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition--
(1) the Subrecipient understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of 1 the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102);
(2) the Subrecipient understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to She serenie conder nd at it ma repair a See die
associated regulations); and
b. on behalf of the Subrecipient, I make the specific assurances set out in 28 C.F.R. $$ 42.105 and 42.204.
(3) The Subrecipient also understands that (in addition to any applicable program- religious organizations participating in federal financial assistance programs), and 46 (human subjects protection).
(4) I assure that the Subrecipient will assist the COUNTY as necessary (and will require Second Tier Subrecipients and contractors to assist as necessary) with the Sheriff's Department's compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28 C.F.R.

Parts 61 (NEPA) and 63 (floodplains and wetlands).
(5) I assure that the Subrecipient will give the COUNTY and the Government Accountability Office, through any authorized representative, access to, and opportunity to examine, all paper or electronic records related to the award (if any) made by the Sheriff's Department based on the application. (6) If this is an award from the National Institute of Justice or the Bureau of Justice Statistics pursuant to which award funds may be made available (whether by the award directly or by any subaward at any tier) to an institution of higher actualy are detail a 10102 an on the tale an in end
hat, throughout the period of performance-
a. each such institution comply with any requirements that are 2 imposed on it by the First Amendment to the Constitution of the United States; and
seem at onquiry and de cole, ricarch independenced am. if any, concerning academic treedom, research integrity, at the institution, that are included in promotional materials, in official statements, in forma application), for accreditation, or for licensing, or ir submissions relating to such grants, accreditation, or
licensing, or that otherwise are made or disseminated to students, to faculty, or to the general public.

I assure that, if the Subrecipient is a governmental entity, with respect to the award (if any) made by the Sheriff's Department based on the a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655), which govern the treatment of person displaced as a result of federal and federally-assisted programs; b. it will comply with requirements of 5 U.S.C. 68 1501-1508 and 7324-7328, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance.
(8) If the Subrecipient receives an award from the Office of Community Oriented Policing Services (COPS Office), I assure that as required by 34 U.S.C. 10382(c)(11), it will, to the extent practicable and consistent with applicabl law-including, but not limited to, the Indian Self-Determination and Education Assistance Act--seek, recruit, and hire qualified members of racial and ethnic ninority groups and qualified women in order to further effective lav enforcement by increasing their ranks within the sworn positions, as provides under 34 U.S.C. § 10382(c)(11).
(9) If the Subrecipient receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U.S.C. § 10552(a)(3), that it will maintain and report such data, records, and information (programmatic and financial) as

3. LOBBYING
As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Subrecipient certifies and assures (to the extent applicable) the following:
a. No Federal appropriated funds have been paid or will be paid, 3 amendment, or modification of any
Feneral grant orneoperatime grement:
°. The sulion be included in ine award documents or aif

DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS Pursuant to DOJ regulations on non-procurement debarment and suspension implemented at 2 C.F.R. Part 2867, and to other related requirements, the Subrecipient certifies, with respect to prospective participants in a primary tier "covered transaction," as defined at 2 C.F.R. § 2867.20(a), that neither it nor any of its principals- (2)
4 evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects its (or its principals) present responsibility;
(3) is presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, tribal, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and/or (4) has within a three-year period preceding this application had one or more public transactions (Federal, State, tribal, or local) terminated for cause or default.

Where the Subrecipient is unable to certify to any of the statements in this certification, it shall attach an explanation to this application. Where the Subrecipient or any of its principals was convicted, within a three-year period preceding this application, of a felony criminal violation under any Federal law, the Subrecipient also must disclose such felony criminal conviction in writing to the Sheriff's Department.

FEDERAL TAXES
If the Subrecipient is a corporation, it certifies either that (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to the Sherriff's Department. Where the Subrecipient is unable to certify to any of the statements in this certification, it shall attach an explanation to this application.

DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F, for grantees, as defined at 28 C.F.R. §§ 83.620 and 83.650:

A. The Subrecipient certifies and assures that it will, or will continue to, provide a drug- free workplace by—
(1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(2) Establishing an on-going drug-free awareness program to inform employees about
a. The dangers of drug abuse in the workplace;
5 b. The Subrecipient's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(3) Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the statement required by paragraph (a); (4) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the award, the employee will— later than five calendar days after such conviction;
(5) Notifying the Sheriff's Department, in writing, within 10 calendar days after receiving notice under subparagraph (4)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of any such convicted employee to the Sheriff's Department.

Notice shall include the identification number(s) of each affected award; Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (4)(b), with respect to any employee who is so a. 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
b. Requiring such employee to participate satisfactorily in a drug buse assistance or rehabilitation program approved for suc urposes by a Federal, State, or local health, law enforcement, o (7) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (1), (2), (3), (4), (5), and (6).

7. LAW ENFORCEMENT AGENCY CERTIFICATION REQUIREMENT ("SAFE POLICING CERTIFICATION")
If this application is for a discretionary award pursuant to which award funds may be made available (whether by the award directly or by any subaward at any tier) to a State, local, college, or university law enforcement agency, the Subrecipient certifies that any such law enforcement agency to which funds will be made available has been 6 certified by an approved independent credentialing body or has started the certification process. To become certified, a law enforcement agency must meet two mandatory conditions:
1) the agency's use of force policies adhere to all applicable federal, State, and local laws; and
(2) the agency's use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law.
detailed information certification requirement,
https://cops.usdoj.gov/SafePolicingEO.

The Subrecipient acknowledges that compliance with this safe policing certification requirement does not ensure compliance with federal, state, or local law, and that such certification shall not constitute a defense in any federal lawsuit. Nothing in the safe policing certification process or safe policing requirement is intended to be (or may be) used by third parties to create liability by or against the United States or any of its officials, officers, agents or employees under any federal law. Neither the safe policing certification process nor the safe policing certification requirement is intended to (or safe policing certification requirement, such a beneficiary for purposes of any civil, criminal, or administrative action.

COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY

POLICING PROGRAMS
As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. § 10382(c)(5), if this application is for a COPS award, the Subrecipient certifies that there has been appropriate coordination with all agencies that may be affected by its award. Affected agencies may include, among others, Offices of the United States Attorneys; State, local, or tribal prosecutors; or correctional agencies.

9. REQUIRED AUDITS AND FINANCIAL STATEMENTS
Subrecipients expending $750,000 or more in federal funds annually must comply with the single audit requirement established by the Federal Office of Management and Budget (OMB) Uniform Guidance 2 CFR Part 200, Subpart F and arrange for a single audit by an independent Certified Public Accountant (CPA) firm annually. Audits conducted under this section will be performed using the guidelines established by the

10. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS AND DOJ

GRANTS FINANCIAL GUIDE
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") and the current edition of the DOJ Grants Financial Guide as posted on the OVW website, including any updated version that may be posted during the period of performance apply to this Grant Subaward. The Subrecipient also agrees that all financial records pertinent to this award, including the general accounting ledger and all supporting documents, are subject to review by COUNTY throughout the life of the award, during the close-out process, and for three years after submission of the final Federal Financial Report (SF-425) or as long as the records are retained, whichever is longer, pursuant to 2 C.F.R. 200.334, 200.337.

11. REQUIREMENTS RELATED TO SYSTEM FOR AWARD MANAGEMENT

AND UNIQUE ENTITY IDENTIFIER

CERTIFICATION
issurances outlined above. I acknowledge that a materially false, fictitious, or fraudulent tatement (or concealment or omission of a material fact) in this certification, or in the chervise induding under 31 U.s.C. S8 3729-3730 and 3801-3812, 1 also acknowledge with such awards, are subject to review by the Department of Justice. 8 Subrecipient Agency :

Official Designee's Signature:

Official Designee's Typed Name:

Official Designee's Title:

Date:

FORM APPROVED COUNTY COUNSEL
BY AMATE HILLON 1218/2072
CERTIFIED AS TO FUNDS AVAILABILITY:

Br. Justh

ASSISTANT CHIEF FINANCIAL OFFICER
Approved as to Form:

By:
'Rahman N. Gerren
Deputy City Attorney
9

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