HomeMy WebLinkAboutAgreement A-22-126 with Fresno County Fire Protection District.pdf Agreement No. 22-126
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT
3 THIS AGREEMENT ("Agreement") is made and entered into this 5t" day of April
4 2022 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
5 California ("COUNTY"), and FRESNO COUNTY FIRE PROTECTION DISTRICT, a California independent
6 special district in the County of Fresno with a district office located at 210 S. Academy Avenue, Sanger, CA
7 93657 ("SUBRECIPIENT").
8 WITNESSETH:
9 WHEREAS, on March 11, 2021, the President signed into law the American Rescue Plan Act of
10 2021 ("ARPA")which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
11 Program; and
12 WHEREAS, the ARPA authorizes the COUNTY to expend SLFRF awarded to the COUNTY for
13 the following eligible purposes, outlined in the Interim Final Rule and Final Rule as follows (each an
14 "Eligible Use," collectively "Eligible Uses"):
15 (1) To respond to the COVID-19 public health emergency or its negative economic impacts;
16 (2) To respond to workers performing essential work during the COVID-19 public health
17 emergency;
18 (3) For the provision of government services to the extent of the reduction in revenue due to
19 the COVID-19 public health;
20 (4) To make necessary investments in water, sewer, or broadband infrastructure; and
21 WHEREAS, the COUNTY intends to allocate a portion of its SLFRF to SUBRECIPIENT for one or
22 more Eligible Uses; and
23 WHEREAS, the SLFRF provided under this Agreement are intended to address the public health
24 impacts experienced by the SUBRECIPIENT due to SUBRECIPIENT's response and provision of medical
25 care at COVID-19 emergencies; and
26 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement is intended to
27 support a strong and equitable recovery from the COVID-19 pandemic and economic downturn by
28 providing financial assistance to entities that operate or serve disproportionately impacted communities in
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1 Fresno County; and
2 WHEREAS, under Section 602(c)(3) of the ARPA, the COUNTY may transfer SLFRF to a special-
3 purpose district for Eligible Uses for the purpose of meeting ARPA's goals; and
4 WHEREAS, SUBRECIPIENT represents that it is a special-purpose district under Section 602(c)(3)
5 of the ARPA; and
6 WHEREAS, SUBRECIPIENT provides emergency medical response, fire prevention and
7 suppression, wildland fire suppression, and search and rescue in an area with an estimated population of
8 220,000 residents in Fresno County, most of which are recognized as economically disadvantaged
9 communities in the State of California; and
10 WHEREAS, SUBRECIPIENT represents that since March 3, 2021, SUBRECIPIENT responded
11 to 13,339 calls for assistance, of which 3,174 of those calls (23.8% of total calls) were identified as in-
12 home life-threatening medical service related to COVID-19 emergencies; and
13 WHEREAS, SUBRECIPIENT represents that since March 3, 2021, the public health emergency
14 has increased operational cost by $4,867,806 in personnel payroll, overtime, increase fuel cost, and
15 SUBRECIPIENT continues to incur costs related to COVID-19 mitigation and medical expenses;
16 WHEREAS, SUBRECIPIENT continues to respond to calls for assistance for medical service
17 related to COVID-19 emergencies; and
18 WHEREAS, the SUBRECIPIENT represents that it only seeks from the COUNTY to be
19 reimbursed for$2,000,000 of its public health impact costs for COVID-19 related calls for service; and
20 WHEREAS, the public health costs that SUBRECIPIENT has incurred and continue to incur
21 include costs related to COVID-19 mitigation and medical expenses; and
22 WHEREAS, SUBRECIPIENT continues to respond to calls for assistance for medical service
23 related to COVID-19 emergencies; and
24 WHEREAS, based on SUBRECIPIENT's representations stated herein, COUNTY will grant to
25 SUBRECIPIENT the SLFRF up to the amount stated herein so that SUBRECIPIENT may sustain its
26 operations and address the public health impacts to the SUBRECIPIENT'S operational budget due to an
27 increased volume of calls for emergency assistance related to the COVID-19 public health emergency; and
28 WHEREAS, SUBRECIPIENT represents that it intends to use the SLFRF to pay for
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1 unanticipated public health-related costs that the SUBRECIPIENT has incurred, and continues to incur,
2 due to its response to increased COVID-19 related emergencies ("Program"); and
3 WHEREAS, SUBRECIPIENT's provision of emergency medical responses, on behalf of the
4 County of Fresno, benefits the public located in its surrounding area in Fresno County, and the public at
5 large; and
6 WHEREAS, COUNTY has determined that the Program is an Eligible Use of SLFRF under the
7 ARPA, in reliance on information provided by SUBRECIPIENT; and
8 WHEREAS, COUNTY has determined that the provision of SLFRF to SUBRECIPIENT will
9 promote equity in the County of Fresno, as SUBRECIPIENT serves disproportionately impacted
10 communities in Fresno County; and
11 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the
12 COUNTY may provide SLFRF for appropriate and qualifying expenditures of grant funds advanced to
13 the SUBRECIPIENT by the COUNTY, as permitted under the Interim Final Rule and Final Rule.
14 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
15 contained, the parties hereto agree as follows:
16 1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
17 A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
18 Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are true and
19 correct, and that COUNTY may rely upon each of those representations in granting the SLFRF to
20 SUBRECIPIENT under this Agreement.
21 B. SUBRECIPIENT acknowledges that the SLFRF granted under this Agreement are
22 a subaward of SLFRF up to the amount stated herein to carry out the Program. SUBRECIPIENT
23 understands and agrees that the SLFRF disbursed under this award may only be spent on documented
24 Eligible Uses in compliance with the ARPA, the United States Department of the Treasury
25 ("TREASURY") regulations implementing section 602 of the ARPA, and guidance issued by the
26 TREASURY regarding the foregoing.
27 C. SUBRECIPIENT represents that it will use these SLFRF for the sole purpose of
28 addressing the public health impacts to its operational budget due to unbudgeted expenditures that the
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1 SUBRECIPIENT has incurred, and continues to incur, due to its increased response to COVID-19
2 related medical emergencies.
3 D. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program
4 by furnishing to the COUNTY the services described in Exhibit A, Program Description, which is
5 attached and incorporated by this reference.
6 E. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible
7 to ensure that SLFRF granted under this Agreement are spent in compliance with all ordinances of the
8 County of Fresno, and laws of the State of California, and all laws of the federal government. This
9 includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative
10 Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, the
11 TREASURY's Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds
12 ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus State and Local
13 Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for expenditures before April 1, 2022)
14 and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or later), and any subsequent updates,
15 including TREASURY's Frequently Asked Questions. The award terms and conditions required by the
16 TREASURY are set forth in Exhibit F, which is attached and incorporated by this reference, as provided
17 by the TREASURY. Notwithstanding anything provided in Section 8 of this Agreement, or in this
18 Subsection 1(E), SUBRECIPIENT has the sole responsibility for compliance under this Section 1(E).
19 F. Timeline. SUBRECIPIENT shall ensure that the Program is diligently undertaken
20 and completed, and all SLFRF granted under this Agreement are fully expended, no later than
21 December 31, 2026. By August 31, 2024, SUBRECIPIENT shall analyze, and shall report to COUNTY
22 in writing, whether it can complete the Program or fully expend the SLFRF granted under this
23 Agreement by December 31, 2026. If SUBRECIPIENT is not capable of completing the Program or fully
24 expending the SLFRF granted under this Agreement on the Program by December 31, 2026,
25 SUBRECIPIENT shall return any previously issued SLFRF, which have not been bindingly obligated to a
26 permissible use, to COUNTY within fifteen calendar days. Additionally, SUBRECIPIENT shall account
27 for all SLFRF which have not been bindingly obligated to a permissible use by December 31, 2024, and
28 shall remit the same unobligated SLFRF to the COUNTY within thirty calendar days.
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1 G. No Litigation. SUBRECIPIENT shall not use any SLFRF provided by the
2 COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or
3 penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against
4 SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at
5 law or in equity against COUNTY, nor institute, prosecute, or any way aid in the institution or
6 prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury
7 either to person or property, or both, whether developed or undeveloped, resulting or to result, known or
8 unknown, past, present, or future, arising out of, in any way, the terms of this Agreement.
9 H. SUBRECIPIENT agrees that if SUBRECIPIENT receives SLFRF from any other
10 local or state entity for all or any part of the Program for which SUBRECIPIENT has received SLFRF
11 from COUNTY under this Agreement, the SUBRECIPIENT shall contact COUNTY in writing within five
12 (5) business days. SUBRECIPIENT agrees that it may be required to return all or part of the SLFRF
13 received from the COUNTY if the total amount of SLFRF from all local and state entities exceeds the
14 Program's budget, and if SUBRECIPIENT does not intend to expand the Program.
15 I. None of the personnel employed in the administration of the Program shall be in
16 any way, or to any extent engaged in, the conduct of political activities prohibited by Chapter 15 of Title
17 5, U.S. Code, as applicable.
18 J. None of the SLFRF to be paid under this Agreement shall be used for any
19 partisan political activity, or to support or defeat legislation pending before Congress.
20 2. PROCUREMENT REQUIREMENTS
21 A. SUBRECIPIENT shall comply with all procurement requirements specified in the
22 Uniform Guidance, including, but not limited to, 2 CFR Part 200 et. seq.
23 B. SUBRECIPIENT shall take all necessary affirmative steps to assure that minority
24 businesses, women's business enterprises, and labor surplus area firms are used when possible, when
25 procuring goods and services under this Agreement, including the affirmative steps described in 2 CFR§
26 200.321.
27 C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a
28 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
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1 States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
2 3. REPORTING REQUIREMENTS
3 A. Quarterly Program Expenditure Report: SUBRECIPIENT shall submit to
4 COUNTY designated contact, as designated by COUNTY's County Administrative Officer in writing at
5 the execution of this Agreement, Quarterly Program Expenditure Reports through the term of this
6 Agreement as provided by this Section 3.A. The reports shall contain, but are not limited to, the
7 information described in Exhibit C, which is attached and incorporated by this reference, and must
8 include a statement, signed by the SUBRECIPIENT, indicating that all expenditures in the report comply
9 with the Interim Rule and the Final Rule, as applicable, and ARPA guidelines for the SLFRF, as set forth
10 by the TREASURY. Quarterly expenditure reports shall be submitted to COUNTY no later than fifteen
11 (15) days after the end of each quarter listed below for the term of this Agreement, beginning with the
12 first quarter ending after the Effective Date:
13 1) January 1 — March 31, due by April 15
14 2) April 1 — June 30, due by July 15
15 3) July 1 — September 30, due by October 15
16 4) October 1 — December 31, due by January 15
17 B. Annual Performance Report: Within fifteen (15) days after each June 30,
18 SUBRECIPIENT shall submit one "Annual Performance Report" to the COUNTY, covering all
19 performance by the SUBRECIPIENT under this Agreement for the fiscal year ending that June 30. The
20 report shall contain, but not limited to, the information contained in Exhibit D, which is attached and
21 incorporated by this reference.
22 C. Final Report: A Final Program Report shall be submitted to COUNTY within thirty
23 (30) days upon completion of the Program. A Final Report shall include an accounting of all costs and
24 expenses incurred by SUBRECIPIENT, and any other information as the COUNTY deems necessary to
25 facilitate closeout of the Program, and ensure COUNTY's obligations and requirements under the
26 SLFRF Program are met. The Final Program Report is not complete until COUNTY has delivered to
27 SUBRECIPIENT written acceptance of the Final Program Report.
28 4. NONDISCRIMINATION
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1 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
2 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
3 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
4 employee, applicant for employment or person receiving services under this Agreement because of race,
5 religious creed, color, national origin, ancestry, physical or mental disability including perception of
6 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
7 sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military
8 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
9 shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination
10 and equal opportunity, including, without limitation, the COUNTY's non-discrimination policy; Title VI of the
11 Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at
12 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under
13 programs or activities receiving federal financial assistance; The Fair Housing Act, Title VI II of the Civil
14 Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis
15 of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act
16 of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at
17 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving
18 federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42
19 U.S.C. sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
20 activities, and services provided or made available by state and local governments or instrumentalities or
21 agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.);
22 California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as
23 amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of
24 Federal Regulations.
25 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
26 this Section 4 in all subcontracts to perform work under this Agreement.
27 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
28 opportunity to express, and have considered, their views, grievances, and complaints regarding
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1 SUBRECIPIENT's delivery of services.
2 5. CONFLICTS OF INTEREST; ETHICS
3 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
4 policy consistent with 2 CFR § 200.318(c), and that such conflict-of-interest policy is applicable to each
5 activity funded under this award. Subrecipient must disclose in writing to the TREASURY and to COUNTY
6 any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR § 200.12. Further,
7 no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any gifts, service, favor,
8 employment, engagement, remuneration, or economic opportunity which would tend to improperly to
9 influence a reasonable person in that position to depart from the faithful and impartial discharge of the
10 duties of that position.
11 B. No officer, agent, consultant, or employee of SUBRECIPIENT may use his or her
12 position to secure or grant any unwarranted privilege, preference, exemption, or advantage for himself or
13 herself, any member of his or her household, any business entity in which he or she has a financial interest,
14 or any other person.
15 C. No officer, agent, consultant, or employee of SUBRECIPIENT may participate as an
16 agent of SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT and any
17 private business in which he or she has a financial interest.
18 D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any
19 report or other document because it might tend to affect unfavorably his or her private financial interests.
20 E. No officer, agent, consultant, employee, or elected or appointed official of the
21 COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any
22 contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for himself or
23 herself, or for those whom he or she has family or business ties, during his or her tenure, or for one year
24 thereafter, for any of the work to be performed pursuant to the Program.
25 6. REQUIRED LICENSES, CERTIFICATES, AND PERMITS
26 A. Any licenses, certificates or permits required by the federal, state, county, or municipal
27 governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A
28 must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this
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1 Agreement.
2 B. SUBRECIPIENT must maintain such licenses, certificates and permits in full force and
3 effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses, professional
4 licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and
5 maintained by SUBRECIPIENT at no expense to the COUNTY.
6 C. Subrecipient must show proof of an established "indirect cost rates," as defined by the
7 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (5
8 U.S.C. 301; 2 CFR 200)with either the Federal Government, or a final negotiated "indirect cost rate" with
9 COUNTY that complies with the Uniform Guidelines within 3 months of receipt of SLFRF.
10 7. OFFICE SPACE, SUPPLIES, EQUIPMENT, AND OPERATING OVERHEAD
11 SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference materials,
12 and telephone service necessary for SUBRECIPIENT to provide the services and operate the Program
13 identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay SUBRECIPIENT for
14 any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such items. Responsibility for
15 the costs and expenses incurred by SUBRECIPIENT in providing and maintaining such items is the sole
16 responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall comply with the Uniform
17 Cost Administrative Principles, and Audit Requirements for Federal Awards.
18 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COLINTY'S REPORTING TO TREASURY
19 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with
20 TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic
21 reports to TREASURY.
22 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY
23 for SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF
24 program, SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as
25 applicable, and reporting requirements, as applicable.
26 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
27 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
28 Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve
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1 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
2 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to
3 TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
4 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.
5 9. PENALTIES
6 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
7 described herein, may result in the TREASURY's recoupment of SLFRF from the COUNTY, and that in
8 such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
9 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
10 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY
11 may impose additional conditions, as described in 2 CFR§ 200.208. If the COUNTY determines that
12 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
13 of the following actions, as appropriate in the circumstances:
14 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
15 refund SLFRF upon demand by COUNTY.
16 B. Temporarily withhold cash payments pending correction of the deficiency by
17 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
18 C. Disallow (that is, deny both use of funds and any applicable matching credit for) all
19 or part of the cost of the activity or action not in compliance;
20 D. Wholly or partly suspend or terminate the SLFRF;
21 E. Recommend the TREASURY initiate suspension or debarment proceedings;
22 F. Withhold further SLFRF for the Program; and
23 G. Take other remedies that may be legally available.
24 10. FINANCIAL MANAGEMENT
25 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
26 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
27 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
28 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
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1 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
2 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
3 accounts that correspond to each such authorized use provided further that such separate accounts are
4 subject to this Section 10.A., and are segregated and identified by a unique identifier. In no event shall
5 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
6 or charge.
7 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
8 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
9 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
10 Uniform Guidance requirements apply or how they apply.
11 C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement
12 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
13 Eligible Uses of SLFRF, and shall document all funding decisions. Upon request by COUNTY, the
14 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to
15 the COUNTY.
16 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
17 recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than
18 $750,000 of Federal funds during that reporting period. If SUBRECIPIENT submits a letter stating it
19 expended less than $750,000 in Federal funds, SUBRECIPIENT shall provide a recent financial
20 statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial
21 accountability submissions shall be provided to County of Fresno, County Administrative Office located
22 at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically to e-mail address
23 fresnocao(a)_fresnocountyca.gov.
24 E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred,
25 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
26 transaction by any federal department or agency. This certification is made pursuant to the regulations
27 implemented by 2 CFR Part 200, Subpart 200.214, Debarment and Suspension, and any relevant
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1 program-specific regulations. This provision shall be required of every subcontractor receiving any
2 payment in whole or in part from Federal funds.
3 F. SUBRECIPIENT shall record all costs of the Program by budget line items, which
4 shall be supported by adequate source documentation, including payroll ledgers, time records, invoices,
5 contracts, vouchers, orders, and other accounting documents evidencing in proper detail the nature and
6 propriety of all costs. At any time during normal business hours, SUBRECIPIENT's financial transactions
7 with respect to the Program may be audited by the COUNTY or independent auditors contracted by the
8 COUNTY, or any combination thereof. The representatives of the auditing agency or agencies shall
9 have access to all books, documents, accounts, records, reports, files, papers, things, property,
10 contractors of program services, and other persons pertaining to such financial transactions and
11 necessary to facilitate the audit.
12 G. Copies, excerpts, or transcripts of all of the books, documents, papers, and
13 records, including invoices, payroll registers, time records, invoices, contracts, and accounting
14 documents concerning matters that are reasonably related to the Program shall be provided upon
15 request to the COUNTY.
16 H. Expenditures eligible for reimbursement from the SLFRF are described in Exhibit
17 B, which is attached and incorporated by this reference. SUBRECIPIENT shall not make any changes in
18 the line-item expenditures in Exhibit B without prior written approval of the COUNTY.
19 I. No cash reimbursement for purchases of any kind is allowable.
20 11. TERM
21 The term of this Agreement shall comply with ARPA Guidelines, and shall commence on the
22 Effective Date until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program
23 Report under section 3.C. of this Agreement, unless sooner terminated as provided herein. Notwithstanding
24 timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to cover costs incurred
25 during the time period set forth by the TREASURY. The COUNTY's written acceptance of the Final
26 Program Report under section 3.0 of this Agreement shall include the COUNTY's written notification to the
27 SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The County Administrative
28 Officer or his or her designee is authorized to execute this written acceptance of the Final Program Report
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1 and notification of term end to SUBRECIPIENT.
2 12. TERMINATION
3 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
4 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
5 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
6 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty (30)
7 days advance written notice.
8 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
9 Agreement in whole or in part, where in the determination of the COUNTY there is:
10 1) An illegal or improper use of funds;
11 2) A failure to comply with any term of this Agreement;
12 3) A substantially incorrect or incomplete report submitted to the COUNTY;
13 4) Improperly performed service.
14 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
15 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
16 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
17 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
18 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
19 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
20 shall promptly refund any such SLFRF upon demand.
21 C. Without Cause: Under circumstances other than those set forth above, this
22 Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention
23 to terminate to SUBRECIPIENT.
24 13. GRANT FUNDING/COMPENSATION
25 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
26 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to reimburse
27 SUBRECIPIENT, and SUBRECIPIENT agrees to receive such reimbursements up to the total SLFRF
28 grant, in an amount not to exceed two million dollars ($2,000,000). The SLFRF shall be reimbursed by
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1 COUNTY to SUBRECIPIENT for SUBRECIPIENT's expenditures incurred in accordance with its
2 expenditure plan, attached to this Agreement as Exhibit B Table 1-1, and incorporated by this reference.
3 B. SUBRECIPIENT shall not invoice under this Agreement costs potentially reimbursable
4 from other sources of funds, including State, Federal, and/or private insurance sources.
5 C. SUBRECIPIENT shall submit invoices to the County of Fresno, County Administrative
6 Office located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail address
7 fresnocao@fresnocountyca.gov. Payments by COUNTY shall be in arrears for services provided during
8 the preceding period of time, within forty-five (45) days from date of receipt, verification and approval of
9 SUBRECIPIENT's invoice and supporting documentation by COUNTY. If SUBRECIPIENT fails to comply
10 with any provision of this Agreement, COUNTY shall be relieved of its obligations for further compensation.
11 D. To ensure compliance with Federal and State regulations, COUNTY may require
12 additional supporting documentation or clarification of claimed expenses as follows:
13 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
14 documentation or clarification.
15 ii. SUBRECIPIENT shall respond within five (5) business days with required
16 additional documentation or clarification to avoid disallowances/partial payment of invoice.
17 iii. All invoices containing expenses that need additional documentation or
18 clarification not provided to COUNTY within five (5) business days of request shall have those expenses
19 disallowed, and only the allowed expenses shall be paid.
20 iv. SUBRECIPIENT may resubmit disallowed expenses as a supplemental invoice
21 only, and must be accompanied by required documentation.
22 E. All expenses incidental to SUBRECIPIENT'S performance of services in carrying out
23 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
24 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
25 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
26 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
27 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
28 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT. County
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1 has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
2 14. INDEPENDENT CONTRACTOR
3 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
4 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
5 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
6 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
7 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
8 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
9 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
10 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
11 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
12 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
13 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right
14 to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable
15 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
16 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
17 to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all
18 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
19 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
20 15. MODIFICATION
21 Any matters of this Agreement may be modified from time to time by the written consent of all the
22 parties without, in any way, affecting the remainder.
23 16. NON-ASSIGNMENT
24 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
25 this Agreement without the prior written consent of the other party.
26 17. HOLD HARMLESS
27 SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend
28 the COUNTY, its officers, agents, and employees from any and all costs and expenses (including
15
1 attorney's fees and costs), penalties, fines, damages, liabilities, claims, and losses occurring or resulting
2 to COUNTY in connection with the performance, or failure to perform, by SUBRECIPIENT, its officers,
3 agents, or employees under this Agreement, and from any and all costs and expenses (including
4 attorney's fees and costs), penalties, fines, damages, liabilities, claims, and losses occurring or resulting
5 to any person, firm, or corporation who may be injured or damaged by the performance, or failure to
6 perform, of SUBRECIPIENT, its officers, agents, or employees under this Agreement.
7 SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
8 TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this
9 Agreement.
10 The provisions of this Section 17 shall survive the termination of this Agreement.
11 18. INSURANCE
12 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
13 parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
14 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
15 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
16 A. Commercial General Liability
17 Commercial General Liability Insurance with limits of not less than Two Million Dollars
18 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
19 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
20 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
21 liability or any other liability insurance deemed necessary because of the nature of this contract.
22 B. Automobile Liability
23 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
24 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
25 used in connection with this Agreement.
26 C. Professional Liability
27 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing
28 services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per
16
1 occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
2 SUBRECEIPIENT agrees that it shall maintain, at its sole expense, in full force and effect for a period of
3 three (3) years following the termination of this Agreement, one or more policies of professional liability
4 insurance with limits of coverage as specified herein.
5 D. Worker's Compensation
6 A policy of Worker's Compensation insurance as may be required by the Labor Code.
7 Additional Requirements Relating to Insurance
8 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming
9 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
10 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
11 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
12 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
13 provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without
14 a minimum of thirty (30) days advance written notice given to COUNTY.
15 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
16 employees any amounts paid by the policy of worker's compensation insurance required by this
17 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
18 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under
19 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
20 Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement,
21 SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the
22 foregoing policies, as required herein, to the County of Fresno, County Administrative Office, Attention:
23 ARPA—SLFRF Coordinator , 2281 Tulare Street, Room 304, Fresno, CA 93721, stating that such
24 insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents
25 and employees will not be responsible for any premiums on the policies; that for such worker's
26 compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its officers,
27 agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate
28 the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its
17
1 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the
2 operations under this Agreement are concerned; that such coverage for additional insured shall apply as
3 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents
4 and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's
5 policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)
6 days advance, written notice given to COUNTY.
7 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
8 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
9 Agreement upon the occurrence of such event.
10 All policies shall be issued by admitted insurers licensed to do business in the State of California,
11 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
12 FSC VI or better.
13 19. RECORDKEEPING AND CONFIDENTIALITY
14 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
15 must maintain records and financial documents for five (5) years after all SLFRF have been expended or
16 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
17 TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is
18 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
19 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
20 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
21 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
22 disclosure pursuant to California Consumer Privacy Act (CCPA) to ensure against a breach of security
23 of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have established
24 written policies and procedures that align with CCPA, and shall follow such procedures. Upon request,
25 SUBRECIPIENT shall make available to COUNTY staff such written policies and procedures, and shall
26 be monitored for compliance.
27 20. AUDITS AND INSPECTIONS:
28 A. SUBRECIPIENT shall, at anytime during business hours, and as often as the
18
1 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
2 with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
3 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
4 SUBRECIPIENT'S compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
5 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
6 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
7 reviewing entity deems to be appropriate in order to determine:
8 1) Whether the objectives of the Program are being achieved;
9 2) Where the Program is being operated in efficient and effective manner;
10 3) Whether management control systems and internal procedures have
11 been established to meet the objectives of the Program;
12 4) Whether the financial operations of the Program are being conducted
13 properly;
14 5) Whether the periodic reports to the COUNTY contain accurate and
15 reliable information;
16 6) Whether all of the activities of the Program are conducted in compliance
17 with the provisions of state and federal laws and regulations and this Agreement; and
18 7) Whether all activities associated with the Program are in compliance with
19 the Interim Final Rule and Final Rule for the SLFRF, the Compliance Guidance, and any subsequent
20 guidance issued by TREASURY.
21 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
22 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
23 by the COUNTY or its designees, and the TREASURY, for five (5) years following termination of this
24 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
25 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
26 to promptly reimburse the COUNTY for such payments upon request.
27 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
28 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
19
1 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
2 requirements.
3 21. NOTICES The persons and their addresses having authority to give and receive notices
4 under this Agreement include the following:
5 COUNTY SUBRECIPIENT
6 COUNTY OF FRESNO Fresno County Fire Protection District
ARPA- SLFRF Coordinator 210 S. Academy Avenue
7 2281 Tulare Street, Room 304 Sanger, CA 93657
Fresno, CA 93721 Attn: Dustin Hail, Fire Chief
8
9
10 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
11 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
12 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
13 personal service is effective upon service to the recipient. A notice delivered by first-class United States
14 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
15 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
16 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
17 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
18 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
19 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
20 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
21 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
22 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
23 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
24 beginning with section 810).
25 22. GOVERNING LAW
26 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
27 California.
28 The rights and obligations of the parties and all interpretation and performance of this Agreement
20
1 shall be governed in all respects by the laws of the State of California.
2 23. ADVICE OF ATTORNEY
3 Each party warrants and represents that in executing this Agreement, it has received
4 independent legal advice from its attorneys, or the opportunity to seek such advice.
5 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
6 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
7 or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status
8 to operate as a corporation.
9 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing transactions
10 that they are a party to while SUBRECIPIENT is providing goods or performing services under this
11 agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party
12 and in which one or more of its directors has a material financial interest. Members of the Board of
13 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
14 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and incorporated herein by
15 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
16 immediately thereafter.
17 25. ELECTRONIC SIGNATURES
18 The parties agree that this Agreement may be executed by electronic signature as provided in
19 this section. An "electronic signature" means any symbol or process intended by an individual signing
20 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
21 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
22 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
23 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
24 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
25 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
26 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
27 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
28 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
21
1 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
2 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
3 conditioned upon the parties conducting the transactions under it by electronic means and either party
4 may sign this Agreement with an original handwritten signature.
5 26. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
6 SUBRECIPIENT and COUNTY with respect to the subject matter hereof, and supersedes all previous
7 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
8 understanding of any nature whatsoever unless expressly included in this Agreement. Notwithstanding this
9 provision, any additional requirements and/or guidelines set forth by the TREASURY regarding the uses
10 and reporting requirements for ARPA SLFRF after the execution of this Agreement shall be understood to
11 be integrated into this Agreement, and binding on the parties.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
22
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3
4 SUBRECIP TENT CC1 UVTY PF F RESNO
5 _
6 Matt Furrer Brian Pacheco, Chairman of the Board of
Board President Supervisors of the County of Fresno
7 Fresno County Fire Protection District
Mailinq Address:
8 210 S.Academy Avenue
Sanger, CA 93657
9
10 ATTEST:
11 Bernice E. Seidel
Clerk of the Board of Supervisors
12 County of Fresno, State of California
13
14
15 By:
16 Deputy
FOR ACCOUNTING USE ONLY:
17 Fund: 0026
18 Subclass: 91021
19 ORG: 1033
20 Account:
21
22
23
24
25
26
27
28
23
1 EXHIBIT A
2 Program Description
3
4 Since March 3, 2021, the SUBRECIPIENT represents that it responded to 13,339 calls for
5 assistance, of which twenty-three percent (23.8%) of the calls or 3,174 calls were identified as in-home
6 life-threatening medical services related to COVID-19 emergencies. The SUBRECIPIENT represents that
7 the increase in emergency response due to COVID-19 related emergencies has created an unanticipated
8 financial burden of $4,867,806 to the SUBRECIPIENT's operational budget consisting of payroll cost,
9 overtime, and increased fuel cost. The SUBRECIPIENT represents that it only seeks from the COUNTY
10 to be reimbursed for forty-one percent (41%) equivalent to $2,000,000 to address the financial burden in
11 its response to emergency COVID-19 calls for service. SUBRECIPIENT represents that it continues to
12 incur operational costs due to its responses to COVID-19 emergencies.
13 SUBRECIPIENT provides a full range of fire prevention and suppression services in a district service
14 area that encompasses 2,500 square miles, and an estimated population of 220,000 residents in Fresno
15 County. A substantial portion of the SUBRECIPIENT'S service area is composed of areas recognized as
16 economically disadvantaged unincorporated communities in the State of California. The COUNTY will
17 reimburse SLFRF up to $2,000,000 to SUBRECIPIENT to enable SUBRECIPIENT to offset a portion the
18 unanticipated financial burden created by SUBRECIPIENT's response to these COVID-19 emergencies.
19
20
21
22
23
24
25
26
27
28
24
1 EXHIBIT B
2 Subrecipient Expenditure Plan
3 COUNTY shall reimburse SUBRECIPIENT to address the public health impacts that
4 SUBRECIPIENT has incurred due to its responses to COVID-19 related medical emergencies. The
5 COUNTY will reimburse an amount of SLFRF not to exceed two million dollars ($2,000,000) to the
6 SUBRECIPIENT to address negative fiscal impacts related to increase calls for service due to COVID-19,
7 payroll, overtime pay, and increased fuel cost to the SUBRECIPIENT's operational budget.
8 SUBRECIPIENT represents that its costs incurred in these COVID-19 medical responses from
9 March 3, 2021 through March 1, 2022 are presented on Table 1-1 of Exhibit B.
10
11 Table 1-1, Summary of District's negative fiscal impact due to COVID-19 pandemic
12 Total District calls for service response from 03/01/2021 to 03/01/2022 13,339
13 23.8% percent of calls for service being in-home life-threatening 3,174
14 medical emergencies, COVID-19 related
Total District cost for payroll/overtime from 03/01/2021 to 03/01/2022 $20,160,078
15 23.8% of cost of payroll/overtime, COVID-19 related $4,798,098
16 Total fuel cost from 03/01/2021 to 03/01/2022 $192,012
17 23.8% of fuel cost $69,708
18 Total financial impact due to emergency COVID-19 calls for $4,867,806
service, from 03/01/2021 to 03/01/2022
19
20
21
22
23
24
25
26
27
28
25
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1 EXHIBIT C
2 Subrecipient Quarterly Program Expenditure Report (Template)
3 PROGRAM
Identifying and demographic Agreement Number:
4 information (DUNS):
5 Name of Entity: Program Name:
6 Reporting Period Start Date: Reporting Period End Date:
7 Expenditure Category: 1. Public Health
8 Total Award: $2,000,000 Remaining Balance:
9
EXPENDITURES
10 Category
Expenditures • . . . . .
11 . . Obligations
12 1 Public Health, COVID-19 Mitigation & Prevention
13 1.6 Medical Expenses
14
TOTAL
15
16 Describe program achievements and upcoming milestones:
17
18
PROJECT STATUS
19
Quarterly Status Report, select one.
20 Not started
21 completed less than 50 percent
completed more than 50 percent
22 Completed
23
24 AUTHORIZED SIGNATURE
25
26
27 Prepared by: (print name) Date
28
27
1 EXHIBIT D
2 Annual Performance Report
3 All SUBRECIPIENTs that receive State and Local Fiscal Recovery Funds (SLFRF) awards are
4 required to produce an Annual Report. The Annual Report provides information on the
5 SUBRECIPIENT's Program, and how it plans to ensure program outcomes are achieved in an
6 effective and equitable manner.
7 The initial Annual Report must cover the period from the date of award to the following June 30th and
8 must be submitted to the County within 15 calendar days after the end of the reporting period.
9 Thereafter, the Annual Report will cover a 12-month period and subrecipients will be required to
10 submit the report to the County within 15 calendar days after the end of the 12-month period (by July
11 15th).
12Annual Period Covered Due Date
Rer)
rt
13 1 • Award — June 30 2022 July 15 2022
14 2 July 1 2022 — June 30 2023 July 15 2023
3 July 1 2023 — June 30 2024 July 15 2024
15 4 July 1, 2024 — June 30, 2025 July 15, 2025
16 5 July 1, 2025 — June 30, 2026 July 15, 2026
6 July 1, 2026 — December 31, 2026 January 15, 2027
17
18 Instructions:
19 SUBRECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
20 Responsibilities (Reporting Guidance) located at: https://home.treasurV.gov/system/files/136/SLFRF-
21 Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
22
23
24
25
26
27
28
28
1 EXHIBIT E
2 Self-Dealing Transaction Disclosure Form
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Exhibit E
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit E
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: Date:
1 EXHIBIT F
2 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
3 AWARD TERMS AND CONDITIONS
4
5 1. Use of Funds.
6 a) Subrecipient understands and agrees that the funds disbursed under this award may only be used
7 in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations
8 implementing that section, and guidance issued by Treasury regarding the foregoing.
9 b) Subrecipient will determine prior to engaging in any project using this assistance that it has the
10 institutional, managerial, and financial capability to ensure proper planning, management, and
11 completion of such project.
12
13 2. Period of Performance. The period of performance for this award begins on the date hereof and
14 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
15 award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
16 December 31, 2024.
17
18 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
19 they relate to this award.
20
21 4. Maintenance of and Access to Records.
22 a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
23 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
24 Treasury regarding the foregoing.
25 b) The Treasury Office of Inspector General and the Government Accountability Office, or their
26 authorized representatives, shall have the right of access to records (electronic and otherwise) of
27 Subrecipient in order to conduct audits or other investigations.
28
32
1 c) Records shall be maintained by Subrecipient for a period of five (5)years after all funds have been
2 expended or returned to Treasury, whichever is later.
3
4 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
5 from this award.
6
7 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct
8 and indirect costs as specified in the Scope of Work.
9
10 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
11
12 8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest
13 policy consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each
14 activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the
15 pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
16 accordance with 2 C.F.R. § 200.112.
17
18 9. Compliance with Applicable Law and Regulations.
19 a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted
20 by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the
21 foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations,
22 and executive orders, and Subrecipient shall provide for such compliance by other parties in any
23 agreements it enters into with other parties relating to this award.
24 b) Federal regulations applicable to this award include, without limitation, the following:
25 i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
26 Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
27 inapplicable to this Award and subject to such exceptions as may be otherwise provided by
28
33
1 Treasury. Subpart F -Audit Requirements of the Uniform Guidance, implementing the
2 Single Audit Act, shall apply to this award.
3 ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant
4 to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
5 by reference.
6 iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
7 to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
8 by reference.
9 iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
10 (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
11 condition in all lower tier covered transactions (contracts and subcontracts described in 2
12 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
13 implementing regulation at 31 C.F.R. Part 19.
14 V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth
15 in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
16 vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
17 vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
18 viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
19 ix. U.S.C. §§ 4601-4655) and implementing regulations.
20 X. Generally applicable federal environmental laws and regulations.
21 c) Statutes and regulations prohibiting discrimination applicable to this award include, without
22 limitation, the following:
23 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
24 ii. implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
25 race, color, or national origin under programs or activities receiving federal financial
26 assistance;
27 iii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
28 which prohibits discrimination in housing on the basis of race, color,
34
1 iv. religion, national origin, sex, familial status, or disability;
2 V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
3 prohibits discrimination on the basis of disability under any program or activity receiving
4 federal financial assistance;
5 vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
6 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
7 the basis of age in programs or activities receiving federal financial assistance; and
8 vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
9 seq.), which prohibits discrimination on the basis of disability under programs, activities, and
10 services provided or made available by state and local governments or instrumentalities or
11 agencies thereto.
12
13 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
14 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
15 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
16 award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
17 violation of section 602 (c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
18 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
19 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
20
21 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5
22 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
23 employees whose principal employment is in connection with an activity financed in whole or in part by this
24 federal assistance.
25
26 12. False Statements. Subrecipient understands that making false statements or claims in connection
27 with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
28
35
1 including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
2 or contracts, and/or any other remedy available by law.
3
4 13. Publications. Any publications produced with funds from this award must display the following
5 language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRP
6 3678 awarded to County of Fresno by the U.S. Department of the Treasury."
7
8 14. Debts Owed the Federal Government.
9 a) Any funds paid to Subrecipient (1) in excess of the amount to which Subrecipient is finally
10 determined to be authorized to retain under the terms of this award; (2)that are determined by the
11 Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury
12 to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D)of the Act and
13 have not been repaid by Subrecipient shall constitute a debt to the federal government.
14 b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
15 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
16 payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
17 or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
18 actions available to it to collect such a debt.
19
20 15. Disclaimer.
21 a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
22 persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
23 damages, or any other losses resulting in any way from the performance of this award or any other
24 losses resulting in any way from the performance of this award or any contract, or subcontract
25 under this award.
26 b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
27 between the United States and Subrecipient.
28
36
1 16. Protections for Whistleblowers.
2 a) In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise
3 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
4 provided below, information that the employee reasonably believes is evidence of gross
5 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
6 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
7 a violation of law, rule, or regulation related to a federal contract (including the competition for or
8 negotiation of a contract)or grant.
9 b) The list of persons and entities referenced in the paragraph above includes the following:
10 i. A member of Congress or a representative of a committee of Congress;
11 ii. An Inspector General;
12 iii. The Government Accountability Office;
13 iv. A Treasury employee responsible for contract or grant oversight or management;
14 V. An authorized official of the Department of Justice or other law enforcement agency;
15 vi. A court or grand jury; or
16 vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
17 has the responsibility to investigate, discover, or address misconduct.
18 c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
19 section, in the predominant native language of the workforce.
20
21 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217
22 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
23 policies and programs for their employees when operating company-owned, rented or personally owned
24 vehicles.
25
26 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FIR 51225 (Oct. 6,
27 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
28
37
1 policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
2 to decrease accidents caused by distracted drivers.
3
4 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF
5 COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
6
7 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
8 Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
9 grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of
10 Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
11 and other arrangements with the intention of providing assistance. Federal financial assistance does not
12 encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
13 the Federal government at market value, or programs that provide direct benefits.
14 The assurances apply to all federal financial assistance from, or funds made available through the
15 Department of the Treasury, including any assistance that the Subrecipient may request in the future.
16 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
17 the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
18 Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
19
20 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
21 as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
22 discrimination under programs and activities receiving federal financial assistance, of any person in
23 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
24 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
25 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
26 memoranda, and/or guidance documents.
27 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
28 with Limited English Proficiency," seeks to improve access to federally assisted programs and
38
1 activities for individuals who, because of national origin, have Limited English proficiency(LEP).
2 Subrecipient understands that denying a person access to its programs, services, and activities
3 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
4 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly,
5 Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
6 directives, to ensure that LEP persons have meaningful access to its programs, services, and
7 activities. Subrecipient understands and agrees that meaningful access may entail providing
8 language assistance services, including oral interpretation and written translation where necessary,
9 to ensure effective communication in the Subrecipient's programs, services, and activities.
10 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
11 develops applicable budgets and conducts programs, services, and activities. As a resource, the
12 Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information
13 on taking reasonable steps to provide meaningful access for LEP persons, please visit
14 http://www.lep.gov.
15 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
16 of continued receipt of federal financial assistance and is binding upon Subrecipient and
17 Subrecipient's successors, transferees, and assignees for the period in which such assistance is
18 provided.
19 5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
20 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
21 agrees to incorporate the following language in every contract or agreement subject to Title VI and
22 its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
23 subcontractors, successors, transferees, and assignees:
24 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
25 comply with Title VI of the Civil Rights Act of 1964, which prohibits subrecipients of federal
26 financial assistance from excluding from a program or activity, denying benefits of, or
27 otherwise discriminating against a person on the basis of race, color, or national origin (42
28 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI
39
1 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
2 this contract(or agreement). Title VI also includes protection to persons with "Limited
3 English Proficiency"in any program or activity receiving federal financial assistance, 42
4 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title Vl
5 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
6 contract or agreement.
7 6. Subrecipient understands and agrees that if any real property or structure is provided or improved
8 with the aid of federal financial assistance by the Department of the Treasury, this assurance
9 obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
10 during which the real property or structure is used for a purpose for which the federal financial
11 assistance is extended or for another purpose involving the provision of similar services or benefits.
12 If any personal property is provided, this assurance obligates the Subrecipient for the period during
13 which it retains ownership or possession of the property.
14 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
15 of the Treasury of the aforementioned obligations. Enforcement may include investigation,
16 arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
17 these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
18 and reporting requirements.
19 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
20 complaints of discrimination on the grounds of race, color, or national origin, and limited English
21 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
22 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
23 completed, including outcome. Subrecipient also must inform the Department of the Treasury if
24 Subrecipient has received no complaints under Title VI.
25 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
26 compliance of Title VI and efforts to address the non-compliance, including any voluntary
27 compliance or other agreements between the Subrecipient and the administrative agency that
28 made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
40
1 Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
2 of any court or administrative agency finding of discrimination, please so state.
3
4 10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
5 responsible for ensuring that sub-recipients also comply with Title VI and other applicable
6 authorities covered in this document State agencies that make sub-awards must have in place
7 standard grant assurances and review procedures to demonstrate that that they are effectively
8 monitoring the civil rights compliance of subrecipients.
9
10 The United States of America has the right to seek judicial enforcement of the terms of this assurances
11 document, and nothing in this document alters or limits the federal enforcement measures that the United
12 States may take in order to address violations of this document or applicable federal law.
13
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16
17
18
19
20
21
22
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24
25
26
27
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