Miss. Code. tit. 18, pt. 21, ch. 1, r. 18-21-1-21.1, STANDARD ASSURANCES & CERTIFICATIONS

Current through December 10, 2024
STANDARD ASSURANCES & CERTIFICATIONS

STANDARD ASSURANCES

The sub grantee assures that it:

1. Has the legal authority to apply for and receive the sub grant; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the sub grantee's governing body, authorizing the sub grant, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the sub grantee to act in connection with the sub grant and to provide such additional information as may be required.
2. Will give MDHS, the State Auditor's Office, the federal grantor agency, and the Comptroller General, or any of their authorized representatives, access to and the right to examine all records, books, papers, documents, or items related to the sub grant.
3. Will establish and maintain both fiscal and program controls and accounting procedures in accordance with generally accepted accounting principles and federal grantor agency and MDHS directives; and will keep and maintain such books and records for audit by MDHS, by the federal grantor agency, by the State Auditor, or by their authorized representatives; and will maintain all such records, books, papers, documents, or items for a period of at least three (3) years from the date of submission of the final reporting worksheet, or, if any litigation, claim, audit, or action has begun before the expiration of the three-year period, will retain all such items until the completion of the action and resolution of all issues involved or until the end of the regular three-year period, whichever is later.
4. Will comply with the Single Audit Act Amendments of 1996.
5. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain.
6. Will comply with all federal & state statutes relating to discrimination, including, but not limited to:

* Title VI of the Civil Rights Act of 1964, prohibiting discrimination on the basis of race, color, or national origin;

* Title VII of the Civil Rights Act of 1964, relating to non-discrimination in matters of recruitment, hiring, promotion, and other employment practices;

* Title VIII of the Civil Rights Act of 1968, as amended, relating to nondiscrimination in the sale, rental, or financing of housing;

* Title IX of the Education Amendments of 1972, as amended, prohibiting discrimination on the basis of sex in federally assisted education programs and activities;

* The Age Discrimination Act of 1975, prohibiting discrimination on the basis of age;

* Section 504 of the Rehabilitation Act of 1973, prohibiting discrimination on the basis of handicaps;

* Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);

* The Omnibus Reconciliation Act of 1981, prohibiting discrimination on the basis of race, color, religion, sex, national origin, age, and handicap;

* The Drug Abuse Office and Treatment Act of 1972, as amended, relating to non-discrimination on the basis of drug abuse;

* The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, as amended, relating to non-discrimination on the basis of alcohol abuse or alcoholism; and,

* Sections 523 and 527 of the Public Health Service Act of 1912, as amended, relating to confidentiality of alcohol and drug abuse patient records; and any other non-discrimination provisions in the specific statute(s) under which these monies will be granted or awarded and the requirements of any other non-discrimination statute(s) which may apply to this sub grant or award.

7. Will ensure that buildings and facilities owned, occupied, or financed by the US Government are accessible to and usable by physically handicapped persons in accordance with the Architectural Barriers Act of 1968.
8. Will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal and federally assisted programs. These provisions apply to all interests in real property acquired or project purposes regardless of federal participation in purchases.
9. Will comply with the provisions of the Hatch Act as amended, which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
10. Will comply, as applicable, with the provisions of the Davis-Bacon Act, the Copeland Act, and the Contract Work Hours and Safety Standards Act, regarding labor standards for federally assisted construction sub agreements.
11. Will conform with Executive Order (EO) 11246, entitled "Equal Employment Opportunity," as amended by EO 11375, and as supplemented in Department of Labor regulations ( 41 CFR Part 60) and will incorporate an equal opportunity clause in federally assisted construction contracts and subcontracts.
12. Will comply with the minimum wage and maximum hour provision of the Federal Fair Labor Standards Act.
13. Will comply with the Intergovernmental Personnel Act of 1970 relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration.
14. Will comply, if applicable, with Section 102(a) of the Flood Disaster Protection Act of 1973, which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.
15. Will comply with the Lead-Based Paint Poisoning Prevention Act, which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
16. Will assist the federal grantor agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended; EO 11593; and the Archaeological and Historic Preservation Act of 1974.
17. Will comply with environmental standards which may be prescribed pursuant to the following:
(a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 and EO 11514;
(b) notification of violating facilities pursuant to EO 11738;
(c) protection of wetlands pursuant to EO 11990;
(d) evaluation of flood hazards in flood plains in accordance with EO 11988;
(e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972;
(f) conformity of federal actions to State (Clean Air) Implementation Plans under Section 176 of the Clean Air Act of 1955, as amended;
(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended;
(h) protection of endangered species under the Endangered Species Act of 1973, as amended;
(I) Section 6002 of the Resource Conservation and Recovery Act; and
(j) the Coastal Barriers Resources Act.
18. Will assure all funds received shall be used only to supplement services and activities that promote the purpose for which the grant is awarded, and not supplant, unless specifically authorized by the program regulations and the appropriate MDHS Division.
19. Will provide certification regarding lobbying to comply with Section 319, PL 101-121 (31 USC 1352).
20. Will provide the required certification regarding their exclusion status and that of their principals prior to the award in accordance with EOs 12549 and 12689 Debarment and Suspension.
21. Will provide certification to comply with the Drug-Free Workplace Act of 1988. Form enclosed on page 32.
22. Will comply with all applicable requirements of all other Federal and State Laws, Executive Orders, regulations, and policies governing the program(s) for which these monies are provided and with the terms and conditions of the Sub grant Agreement.

Miss. Code. tit. 18, pt. 21, ch. 1, r. 18-21-1-21.1, STANDARD ASSURANCES & CERTIFICATIONS

Adopted 10/1/2015