HomeMy WebLinkAboutAgreement A-22-408 with ACTS Foundation.pdf Agreement No. 22-408
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT
3 THIS AGREEMENT ("Agreement") is made and entered into this 6th day of September
4 2022 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
5 California ("COUNTY'), and the ACTS Foundation, a California nonprofit 501(c)(3) corporation whose
6 address is 5125 North Gates Avenue, Suite 101, Fresno, CA 93722 ("SUBRECIPIENT").
7 WITNESSETH:
8 WHEREAS, on March 11, 2021, the President signed into law the American Rescue Plan Act of
9 2021 ("ARPA")which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
10 Program; and
11 WHEREAS, the ARPA authorizes the COUNTY to expend SLFRF awarded to the COUNTY for
12 the following eligible purposes, outlined in the Interim Final Rule and Final Rule as follows (each an
13 "Eligible Use," collectively "Eligible Uses"):
14 (1) To respond to the COVID-19 public health emergency or its negative economic impacts;
15 (2) To respond to workers performing essential work during the COVID-19 public health
16 emergency;
17 (3) For the provision of government services to the extent of the reduction in revenue due to
18 the COVID-19 public health;
19 (4) To make necessary investments in water, sewer, or broadband infrastructure; and
20 WHEREAS, the COUNTY intends to allocate a portion of its SLFRF to SUBRECIPIENT for one or
21 more Eligible Uses; and
22 WHEREAS, the Final Rule identified food insecurity is a negative economic impact of the COVID-
23 19 public emergency, with nearly 20 million adults living in households sometimes experiencing food
24 insecurity, where there was not enough food to eat; and
25 WHEREAS, the Final Rule specified that food insecurity was exacerbated in many communities,
26 specifically in disadvantaged communities, areas in qualified census tracts, and moderate to low income
27 households across the United States more than in those households with higher incomes; and
28 WHEREAS, under the Final Rule, food assistance programs that benefit impacted individuals,
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1 households, and communities are responsive to the negative economic impacts of the COVID-19 public
2 health emergency, and are an eligible use of SLFRF; and
3 WHEREAS, the SUBRECIPIENT's mission is aimed at providing food, supplies, and education to
4 the underserved communities through three key programs: the Grocery Giveaway, CityServe, and the
5 Senior Citizens Grocery Delivery programs, which provide food and supplies assistance to underserved
6 individuals and families in Fresno County; and
7 WHEREAS, the SUBRECIPIENT represents that the Grocery Giveaway and CityServe programs
8 are curbside events held on the second and fourth Saturdays of each month at the SUBRECIPIENT's
9 warehouse, located at 4798 North Marty Avenue, Fresno, CA 93711, where individuals and families in need
10 may pick up free bags of groceries and supplies; and
11 WHEREAS, the SUBRECIPIENT represents that its Senior Citizens Grocery Delivery program is a
12 service available for senior residents to request wellness check-ins and food deliveries twice per month,
13 generally on the second and fourth Saturdays of each month, at no cost to each client; and
14 WHEREAS, the SUBRECIPIENT represents that in 2021, its Grocery Giveaways program fed over
15 17,394 individuals, CityServe program provided over$130,000 worth of essential supplies, ranging from
16 toiletries, furniture, and home goods, and the Senior Citizens Grocery Delivery program delivered groceries
17 to 5,015 senior residents in the community; and
18 WHEREAS, the SUBRECIPIENT represents that with rising costs in housing, gas, utilities, and
19 food, the SUBRECIPIENT intends to increase its service capacity to alleviate food insecurity and assist
20 individual and families experiencing poverty in the community; and
21 WHEREAS, the SUBRECIPIENT represents that its distribution warehouse is located in a
22 disadvantaged area in Northwest City of Fresno, in census tract 06019004205, which, according to the U.S.
23 Census Bureau American Community Survey (ACS) 5-year reports, the tract reported an estimated
24 population of 6,000 residents and a median household income of$49,283 for the surveyed period 2016 to
25 2020; and
26 WHEREAS, the SUBRECIPIENT represents that its service capacity has been negatively
27 impacted by the COVID-19 public health emergency, as the demand for food assistance from individuals
28 and families experiencing food insecurity has drastically increased during the course of the pandemic;
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1 and
2 WHEREAS, the SUBRECIPIENT represents that SLFRF provided under this Agreement will
3 provide funding assistance to increase capacity service levels to meet the community's demand in the
4 SUBRECIPIENT's Grocery Giveaway, CityServe, and the Senior Citizens Grocery Delivery programs
5 consisting of personnel salaries and benefits, utility fees, operational and office supplies, food and
6 bagging costs, facility security, and transport fuel expenditures for calendar years 2023 and 2024 that
7 would benefit disadvantaged neighborhoods and populations in and near Northwest City of Fresno at no
8 cost to individuals and families in need (Program); and
9 WHEREAS, SUBRECIPIENT represents that SLFRF will assist it to meet its 2022 goal to feed
10 36,000 individuals, including 6,000 senior residents, with a goal of thereafter increasing its numbers of
11 fed individuals by 20% each year; and
12 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement is intended to
13 support a strong and equitable recovery from the COVID-19 pandemic and economic downturn by
14 providing funds to assist a nonprofit organization increase its service capacity to administer its food
15 assistance programs that benefit disadvantaged neighborhoods that have been impacted by the
16 pandemic in Fresno County; and
17 WHEREAS, under Section 602(c)(3) of the ARPA, the COUNTY may transfer SLFRF to nonprofit
18 organizations for Eligible Uses, including providing funds for administration costs and capital expenditures
19 to implement a food assistance program that benefits neighborhoods and communities that have
20 experienced food insecurity during the course of the COVID-19 pandemic, for the purpose of meeting
21 ARPA's goals; and
22 WHEREAS, COUNTY has determined that the Program to be provided by SUBRECIPIENT is an
23 Eligible Use of SLFRF under the ARPA, in reliance on information provided by SUBRECIPIENT; and
24 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the
25 COUNTY may provide SLFRF to the SUBRECIPIENT for appropriate and qualifying expenditures, as
26 permitted under the Interim Final Rule and Final Rule.
27 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
28 contained, the parties hereto agree as follows:
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1 1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
2 A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
3 Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are true and
4 correct, and that COUNTY may rely upon each of those representations in granting the SLFRF to
5 SUBRECIPIENT under this Agreement.
6 B. SUBRECIPIENT acknowledges that the SLFRF granted under this Agreement are
7 a subaward of SLFRF to carry out the Program.
8 C. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this
9 award may only be spent on Eligible Uses in compliance with the ARPA, the United States Department
10 of the Treasury ("TREASURY") regulations implementing section 602 of the ARPA, and guidance issued
11 by the TREASURY regarding the foregoing.
12 D. SUBRECIPIENT represents that it intends to use SLFRF to increase capacity
13 service levels to meet the community's demand in the SUBRECIPIENT's Grocery Giveaway, CityServe,
14 and the Senior Citizens Grocery Delivery programs, consisting of personnel salaries and benefits, utility
15 fees, operational and office supplies, food and bagging costs, facility security, and transport fuel
16 expenditures for calendar years 2023 and 2024, which would benefit disadvantaged neighborhoods, as
17 shown on Table 1-1 of Exhibit B, attached and incorporated by this reference.
18 E. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program
19 by furnishing to the COUNTY information described in Exhibit A, Program Description, which is attached
20 and incorporated by this reference.
21 F. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible
22 to ensure that SLFRF granted under this Agreement are spent in compliance with all ordinances of the
23 County of Fresno, and laws of the State of California, and all laws of the federal government. This
24 includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative
25 Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, the
26 TREASURY's Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds
27 ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus State and Local
28 Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for expenditures before April 1, 2022)
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1 and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or later), and any subsequent updates,
2 including TREASURY's Frequently Asked Questions. The award terms and conditions required by the
3 TREASURY are set forth in Exhibit F, which is attached and incorporated by this reference, as provided
4 by the TREASURY. Notwithstanding anything provided in Section 8 of this Agreement, or in this
5 Subsection 1(F), SUBRECIPIENT has the sole responsibility for compliance under this Section 1(F).
6 G. Timeline. SUBRECIPIENT shall ensure that the Program is diligently undertaken
7 and completed, and all SLFRF granted under this Agreement are fully expended, no later than
8 December 31, 2026. By August 31, 2024, SUBRECIPIENT shall analyze, and shall report to COUNTY
9 in writing, whether it can complete the Program or fully expend the SLFRF granted under this
10 Agreement by December 31, 2026. If SUBRECIPIENT is not capable of completing the Program or fully
11 expending the SLFRF granted under this Agreement on the Program by December 31, 2026,
12 SUBRECIPIENT shall return any previously issued SLFRF, which have not been bindingly obligated to a
13 permissible use, to COUNTY within fifteen calendar days. Additionally, SUBRECIPIENT shall account
14 for all SLFRF which have not been bindingly obligated to a permissible use by December 31, 2024, and
15 shall remit the same unobligated SLFRF to the COUNTY within thirty calendar days.
16 H. No Litigation. SUBRECIPIENT shall not use any SLFRF provided by the
17 COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or
18 penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against
19 SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at
20 law or in equity against COUNTY, nor institute, prosecute, or any way aid in the institution or
21 prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury
22 either to person or property, or both, whether developed or undeveloped, resulting or to result, known or
23 unknown, past, present, or future, arising out of, in any way, the terms of this Agreement.
24 I. SUBRECIPIENT agrees that if SUBRECIPIENT receives SLFRF from any other
25 local or state entity for all or any part of the Program for which SUBRECIPIENT has received SLFRF
26 from COUNTY under this Agreement, the SUBRECIPIENT shall contact COUNTY in writing within five
27 (5) business days. SUBRECIPIENT agrees that it may be required to return all or part of the SLFRF
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1 received from the COUNTY if the total amount of SLFRF from all local and state entities exceeds the
2 Program's budget, and if SUBRECIPIENT does not intend to expand the Program.
3 J. None of the personnel employed in the administration of the Program shall be in
4 any way, or to any extent engaged in, the conduct of political activities prohibited by Chapter 15 of Title
5 5, U.S. Code, as applicable.
6 K. None of the SLFRF to be paid under this Agreement shall be used for any
7 partisan political activity, or to support or defeat legislation pending before Congress.
8 2. PROCUREMENT REQUIREMENTS
9 A. SUBRECIPIENT shall comply with all procurement requirements specified in the
10 Uniform Guidance, including, but not limited to, 2 CFR Part 200 et. seq.
11 B. SUBRECIPIENT shall take all necessary affirmative steps to assure that minority
12 businesses, women's business enterprises, and labor surplus area firms are used when possible, when
13 procuring goods and services under this Agreement, including the affirmative steps described in 2 CFR §
14 200.321.
15 C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a
16 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
17 States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
18 3. REPORTING REQUIREMENTS
19 A. Quarterly Program Expenditure Report: SUBRECIPIENT shall submit to the
20 COUNTY's designated contact, as designated by the COUNTY's County Administrative Officer in writing
21 at the execution of this Agreement, Quarterly Program Expenditure Reports through the term of this
22 Agreement as provided by this Section 3.A. The reports shall contain, but not be limited to, the
23 information described in Exhibits B and C, which are attached and incorporated by this reference, and
24 must include a statement, signed by the SUBRECIPIENT, indicating that all expenditures in the report
25 comply with the Interim Rule and the Final Rule, as applicable, and ARPA guidelines for the SLFRF, as
26 set forth by the TREASURY. Quarterly expenditure reports shall be submitted to COUNTY no later than
27 fifteen (15) days after the end of each quarter listed below for the term of this Agreement, beginning with
28 the first quarter ending after the Effective Date:
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1 1) January 1 — March 31, due by April 15
2 2) April 1 — June 30, due by July 15
3 3) July 1 — September 30, due by October 15
4 4) October 1 — December 31, due by January 15
5 B. Annual Performance Report: Within fifteen (15) days after each June 30,
6 SUBRECIPIENT shall submit one "Annual Performance Report" to the COUNTY, covering all
7 performance by the SUBRECIPIENT under this Agreement for the fiscal year ending that June 30. The
8 report shall contain, but not limited to, the information contained in Exhibit D, which is attached and
9 incorporated by this reference.
10 C. Final Report: A Final Program Report shall be submitted to COUNTY within thirty
11 (30) days upon completion of the Program. A Final Report shall include an accounting of all costs and
12 expenses incurred by SUBRECIPIENT, and any other information as the COUNTY deems necessary to
13 facilitate closeout of the Program and ensure that the COUNTY's obligations and requirements under
14 the SLFRF Program are met. The Final Program Report is not complete until COUNTY has delivered to
15 SUBRECIPIENT written acceptance of the Final Program Report.
16 4. NONDISCRIMINATION
17 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
18 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
19 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
20 employee, applicant for employment or person receiving services under this Agreement because of race,
21 religious creed, color, national origin, ancestry, physical or mental disability including perception of
22 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
23 sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military
24 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
25 shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination
26 and equal opportunity, including, without limitation, the COUNTY's non-discrimination policy; Title VI of the
27 Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at
28 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under
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1 programs or activities receiving federal financial assistance; The Fair Housing Act, Title VI II of the Civil
2 Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis
3 of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act
4 of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at
5 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving
6 federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42
7 U.S.C. sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
8 activities, and services provided or made available by state and local governments or instrumentalities or
9 agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.);
10 California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as
11 amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of
12 Federal Regulations.
13 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
14 this Section 4 in all subcontracts to perform work under this Agreement.
15 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
16 opportunity to express, and have considered, their views, grievances, and complaints regarding
17 SUBRECIPIENT's delivery of services.
18 5. CONFLICTS OF INTEREST; ETHICS
19 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
20 policy consistent with 2 CFR § 200.318(c), and that such conflict-of-interest policy is applicable to each
21 activity funded under this award. Subrecipient must disclose in writing to the TREASURY and to COUNTY
22 any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR § 200.12. Further,
23 no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any gifts, service, favor,
24 employment, engagement, remuneration, or economic opportunity which would tend to improperly influence
25 a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that
26 position.
27 B. No officer, agent, consultant, or employee of SUBRECIPIENT may use his or her
28 position to secure or grant any unwarranted privilege, preference, exemption, or advantage for himself or
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1 herself, any member of his or her household, any business entity in which he or she has a financial interest,
2 or any other person.
3 C. No officer, agent, consultant, or employee of SUBRECIPIENT may participate as an
4 agent of SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT and any
5 private business in which he or she has a financial interest.
6 D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any
7 report or other document because it might tend to affect unfavorably his or her private financial interests.
8 E. No officer, agent, consultant, employee, or elected or appointed official of the
9 COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any
10 contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for himself or
11 herself, or for those whom he or she has family or business ties, during his or her tenure, or for one year
12 thereafter, for any of the work to be performed pursuant to the Program.
13 6. REQUIRED LICENSES, CERTIFICATES, AND PERMITS
14 A. Any licenses, certificates or permits required by the federal, state, county, or municipal
15 governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A
16 must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this
17 Agreement.
18 B. SUBRECIPIENT must maintain such licenses, certificates and permits in full force and
19 effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses, professional
20 licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and
21 maintained by SUBRECIPIENT at no expense to the COUNTY.
22 C. SUBRECIPEINT must show proof of established "indirect cost rates," as defined by
23 the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (5
24 U.S.C. 301; 2 CFR 200)with either the Federal Government, or a final negotiated "indirect cost rate" with
25 COUNTY that complies with the Uniform Guidelines within 3 months of receipt of SLFRF.
26 7. OFFICE SPACE, SUPPLIES, EQUIPMENT, AND OPERATING OVERHEAD
27 A. SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference
28 materials, and telephone service necessary for SUBRECIPIENT to provide the services and operate the
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1 Program identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay
2 SUBRECIPIENT for any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such
3 items. Responsibility for the costs and expenses incurred by SUBRECIPIENT in providing and maintaining
4 such items is the sole responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall
5 comply with the Uniform Cost Administrative Principles, and Audit Requirements for Federal Awards.
6 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY
7 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with
8 TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic
9 reports to TREASURY.
10 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY for
11 SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF program,
12 SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as applicable, and
13 reporting requirements, as applicable.
14 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
15 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
16 Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve
17 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
18 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to
19 TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
20 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.
21 9. PENALTIES
22 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
23 described herein, may result in the TREASURY's recoupment of SLFRF from the COUNTY, and that in
24 such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
25 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
26 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY
27 may impose additional conditions, as described in 2 CFR § 200.208. If the COUNTY determines that
28 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
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1 of the following actions, as appropriate in the circumstances:
2 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
3 refund SLFRF upon demand by COUNTY.
4 B. Temporarily withhold cash payments pending correction of the deficiency by
5 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
6 C. Disallow (that is, deny both use of funds and any applicable matching credit for) all
7 or part of the cost of the activity or action not in compliance;
8 D. Wholly or partly suspend or terminate the SLFRF;
9 E. Recommend the TREASURY initiate suspension or debarment proceedings;
10 F. Withhold further SLFRF for the Program; and
11 G. Take other remedies that may be legally available.
12 10. FINANCIAL MANAGEMENT
13 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
14 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
15 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
16 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
17 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
18 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
19 accounts that correspond to each such authorized use provided further that such separate accounts are
20 subject to this Section 10(A), and are segregated and identified by a unique identifier. In no event shall
21 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
22 or charge.
23 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
24 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
25 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
26 Uniform Guidance requirements apply or how they apply.
27 C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement
28 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
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1 Eligible Uses of SLFRF, and shall document all funding decisions. Upon request by COUNTY, the
2 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to
3 the COUNTY.
4 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
5 recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than
6 $750,000 of Federal funds during that reporting period. If SUBRECIPIENT submits a letter stating it
7 expended less than $750,000 in Federal funds, SUBRECIPIENT shall provide a recent financial
8 statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial
9 accountability submissions shall be provided to County of Fresno, County Administrative Office at 2281
10 Tulare, Room 304, Fresno, CA 93721, or electronically to e-mail address
11 fresnocao(a�fresnocountyca.gov.
12 E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred,
13 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
14 transaction by any federal department or agency. This certification is made pursuant to the regulations
15 implemented by 2 CFR Part 200, Subpart 200.214, Debarment and Suspension, and any relevant
16 program-specific regulations. This provision shall be required of every subcontractor receiving any
17 payment in whole or in part from Federal funds.
18 F. SUBRECIPIENT shall record all costs of the Program by budget line items, which
19 shall be supported by adequate source documentation, including payroll ledgers, time records, invoices,
20 contracts, vouchers, orders, and other accounting documents evidencing in proper detail the nature and
21 propriety of all costs. At any time during normal business hours, SUBRECIPIENT's financial transactions
22 with respect to the Program may be audited by the COUNTY or independent auditors contracted by the
23 COUNTY, or any combination thereof. The representatives of the auditing agency or agencies shall
24 have access to all books, documents, accounts, records, reports, files, papers, things, property,
25 contractors of program services, and other persons pertaining to such financial transactions and
26 necessary to facilitate the audit.
27 G. Copies, excerpts, or transcripts of all of the books, documents, papers, and
28 records, including invoices, payroll registers, time records, contracts, and accounting documents
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1 concerning matters that are reasonably related to the Program shall be provided upon request to the
2 COUNTY.
3 H. Expenditures eligible for reimbursement from the SLFRF are described in Exhibit
4 B, which is attached and incorporated by this reference. SUBRECIPIENT shall not make any changes in
5 the line-item expenditures in Exhibit B without prior written approval of the COUNTY.
6 I. No cash reimbursement for purchases of any kind is allowable.
7 11. TERM
8 The term of this Agreement shall comply with ARPA Guidelines, and shall commence on the
9 Effective Date until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program
10 Report under section 3(C) of this Agreement, unless sooner terminated as provided herein.
11 Notwithstanding timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to
12 cover costs incurred during the time period set forth by the TREASURY. The COUNTY's written
13 acceptance of the Final Program Report under Section 3(C) of this Agreement shall include the COUNTY's
14 written notification to the SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The
15 County Administrative Officer or his or her designee is authorized to execute this written acceptance of the
16 Final Program Report and notification of term end to SUBRECIPIENT.
17 12. TERMINATION
18 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
19 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
20 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
21 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty (30)
22 days advance written notice.
23 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
24 Agreement in whole or in part, where in the determination of the COUNTY there is:
25 1) An illegal or improper use of funds;
26 2) A failure to comply with any term of this Agreement;
27 3) A substantially incorrect or incomplete report submitted to the COUNTY;
28 4) Improperly performed service.
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1 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
2 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
3 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
4 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
5 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
6 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
7 shall promptly refund any such SLFRF upon demand.
8 C. Without Cause: Under circumstances other than those set forth above, this
9 Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention
10 to terminate to SUBRECIPIENT.
11 13. GRANT FUNDING/COMPENSATION
12 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
13 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to grant
14 SUBRECIPIENT, and SUBRECIPIENT agrees to receive such grants, up to the total SLFRF grant, in an
15 amount not to exceed five hundred thousand dollars ($500,000).
16 It is expressly agreed and understood that the total amount of SLFRF to be granted by COUNTY to
17 SUBRECIPIENT for the Program shall not exceed five hundred thousand dollars ($500,000), which will
18 provide funding assistance to increase capacity service levels to meet the community's demand in the
19 SUBRECIPIENT's Grocery Giveaway, CityServe, and the Senior Citizens Grocery Delivery programs. The
20 provision of SLFRF for the program will fund personnel salaries and benefits, utility fees, operational and
21 office supplies, food and bagging costs, facility security, and transport fuel expenditures for calendar years
22 2023 and 2024, which will benefit disadvantaged neighborhoods and populations in and near northwest
23 City of Fresno at no cost to individuals and families in need. SUBRECIPIENT shall track number of
24 individuals fed through its food distribution events held at its warehouse location, number of distribution
25 events, and number of residents receiving grocery food deliveries by SUBRECIPIENT.
26 SUBRECIPIENT shall submit written drawdown requests for the payment of eligible necessary
27 expenses in support of the Program. Drawdown requests for the COUNTY to make a such payment shall
28 be in accordance with the sample Drawdown Request Form, attached as Exhibit B, and incorporated by
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1 this reference. Drawdowns requests shall detail purchase orders, receipts, and reimbursement requests,
2 detailing items purchased, and expenses incurred or anticipated to be incurred in support of the Program
3 for items listed in Table 1-1 of Exhibit B of this Agreement.
4 In the first thirty (30) days following the Effective Date of this Agreement, SUBRECIPIENT may
5 make one (1) drawdown request to a maximum of one hundred twenty-five thousand dollars ($125,000),
6 equivalent to twenty five percent (25%) of the Program's total budgeted amount ($500,000), to cover
7 eligible expenditures in support of the Program. The first drawdown request from SUBRECIPIENT to the
8 COUNTY shall also be accompanied by a written certification from the SUBRECIPIENT that the drawdown
9 request for payment is consistent with the amount of work scheduled to be performed or materials to be
10 purchased with the amount of funding being requested from the COUNTY, and that said drawdown
11 request is in accordance with the Program, Table 1-1 of Exhibit B of this Agreement. After appropriate
12 review and inspection of the first drawdown request, the COUNTY shall make the first payment available
13 to SUBRECIPIENT in a timely manner. After the first drawdown request, SUBRECIPIENT may make
14 additional subsequent drawdown requests to the COUNTY on quarterly basis (every 90 days)for eligible
15 expenditures to be funded with the remaining balance of the Program's budget, in accordance with this
16 Agreement.
17 SUBRECIPIENT must work to minimize the time between the request from the COUNTY and the
18 disbursement of funds to meet the Program needs. Upon receipt of purchase or work orders acceptable to
19 the COUNTY, COUNTY shall disburse SLFRF to SUBRECIPIENT. SUBRECIPIENT is responsible for
20 monitoring the Program's cash flow needs and submitting drawdown requests to COUNTY in a timely
21 manner to assure adequate coverage of Program needs. It is understood that all expenses incidental to
22 SUBRECIPIENT's performance of services in carrying out its Program under this Agreement shall be
23 borne by SUBRECIPIENT.
24 SUBRECIPIENT shall submit documentation to the County of Fresno, County Administrative Office
25 located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail address
26 fresnocao@fresnocountyca.gov. Payment by COUNTY shall be in arrears for services provided during
27 the preceding period of time, within forty-five (45) days from date of receipt, verification and approval of
28 SUBRECIPIENT's invoice and supporting documentation by COUNTY. If SUBRECIPIENT fails to comply
15
1 with any provision of this Agreement, COUNTY shall be relieved of its obligations for further compensation.
2 B. To ensure compliance with Federal and State regulations, COUNTY may require
3 additional supporting documentation or clarification of claimed expenses as follows:
4 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
5 documentation or clarification.
6 ii. SUBRECIPIENT shall respond within five (5) business days with required
7 additional documentation or clarification to avoid disallowances/partial payment of invoice.
8 iii. All invoices containing expenses that need additional documentation or
9 clarification not provided to COUNTY within five (5) business days of request shall have those expenses
10 disallowed, and only the allowed expenses shall be paid.
11 iv. SUBRECIPIENT may resubmit disallowed expenses as a supplemental invoice
12 only, and must be accompanied by required documentation.
13 C. All expenses incidental to SUBRECIPIENT'S performance of services in carrying out
14 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
15 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
16 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
17 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
18 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
19 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT. County
20 has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
21 14. INDEPENDENT CONTRACTOR
22 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
23 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
24 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
25 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
26 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
27 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
28 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
16
1 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
2 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
3 regulations, if any, of governmental authorities having jurisdiction over all matters subject thereto.
4 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right
5 to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable
6 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
7 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
8 to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all
9 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
10 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
11 15. MODIFICATION
12 Any matters of this Agreement may be modified from time to time by the written consent of all the
13 parties without, in any way, affecting the remainder.
14 16. NON-ASSIGNMENT
15 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
16 this Agreement without the prior written consent of the other party.
17 17. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at
18 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs
19 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
20 losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by
21 SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs
22 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
23 losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
24 performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this
25 Agreement.
26 SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
27 TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this
28 Agreement.
17
1 The provisions of this Section 17 shall survive the termination or expiration of this Agreement.
2 18. INSURANCE
3 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
4 parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
5 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
6 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
7 A. Commercial General Liability
8 Commercial General Liability Insurance with limits of not less than Two Million Dollars
9 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
10 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
11 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
12 liability or any other liability insurance deemed necessary because of the nature of this contract.
13 B. Automobile Liability
14 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
15 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
16 used in connection with this Agreement.
17 C. Professional Liability
18 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
19 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
20 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
21 SUBRECIPIENT agrees that it shall maintain, at its sole expense, in full force and effect for a period of
22 three (3) years following the termination of this Agreement, one or more policies of professional liability
23 insurance with limits of coverage as specified herein.
24 D. Worker's Compensation
25 A policy of Worker's Compensation insurance as may be required by the Labor Code.
26 Additional Requirements Relating to Insurance
27 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming
28 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
18
1 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
2 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
3 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
4 provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without
5 a minimum of thirty (30) days advance written notice given to COUNTY.
6 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
7 employees any amounts paid by the policy of worker's compensation insurance required by this
8 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
9 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under
10 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
11 Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement,
12 SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the
13 foregoing policies, as required herein, to the County of Fresno, County Administrative Office, Attention:
14 ARPA—SLFRF Coordinator, 2281 Tulare Street, Room 304, Fresno, CA 93721, stating that such
15 insurance coverages have been obtained and are in full force; that the County of Fresno, its officers, agents
16 and employees will not be responsible for any premiums on the policies; that for such worker's
17 compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its officers,
18 agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate
19 the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its
20 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the
21 operations under this Agreement are concerned; that such coverage for additional insured shall apply as
22 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents
23 and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's
24 policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)
25 days advance, written notice given to COUNTY.
26 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
27 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
28 Agreement upon the occurrence of such event.
19
1 All policies shall be issued by admitted insurers licensed to do business in the State of California,
2 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
3 FSC VI or better.
4 19. RECORDKEEPING AND CONFIDENTIALITY
5 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
6 must maintain records and financial documents for five (5) years after all SLFRF have been expended or
7 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
8 TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is
9 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
10 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
11 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
12 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
13 disclosure pursuant to the California Consumer Privacy Act (CCPA) to ensure against a breach of
14 security of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have
15 established written policies and procedures that align with CCPA, and shall follow such procedures.
16 Upon request, SUBRECIPIENT shall make available to COUNTY staff such written policies and
17 procedures, and shall be monitored for compliance.
18 20. AUDITS AND INSPECTIONS:
19 A. SUBRECIPIENT shall, at anytime during business hours, and as often as the
20 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
21 with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
22 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
23 SUBRECIPIENT'S compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
24 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
25 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
26 reviewing entity deems to be appropriate in order to determine:
27 1) Whether the objectives of the Program are being achieved;
28 2) Where the Program is being operated in an efficient and effective
20
1 manner;
2 3) Whether management control systems and internal procedures have
3 been established to meet the objectives of the Program;
4 4) Whether the financial operations of the Program are being conducted
5 properly;
6 5) Whether the periodic reports to the COUNTY contain accurate and
7 reliable information;
8 6) Whether all of the activities of the Program are conducted in compliance
9 with the provisions of state and federal laws and regulations and this
10 Agreement; and
11 7) Whether all activities associated with the Program are in compliance with
12 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
13 Guidance, and any subsequent guidance issued by TREASURY.
14 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
15 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
16 by the COUNTY or its designees, and the TREASURY, for five (5)years following termination of this
17 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
18 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
19 to promptly reimburse the COUNTY for such payments upon request.
20 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
21 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
22 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
23 requirements.
24 21. NOTICES The persons and their addresses having authority to give and receive notices
25 under this Agreement include the following:
26
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21
1 COUNTY SUBRECIPIENT
2 COUNTY OF FRESNO The ACTS Foundation
ARPA- SLFRF Coordinator 5125 N. Gates Avenue, Suite 101
3 2281 Tulare Street, Room 304 Fresno, CA 93722
Fresno, CA 93721 Attn: Javier Garza,
4 Director of the ACTS Foundation
5 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
6 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
7 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
8 personal service is effective upon service to the recipient. A notice delivered by first-class United States
9 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
10 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
11 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
12 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
13 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
14 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
15 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
16 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
17 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
18 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
19 beginning with section 810).
20 22. GOVERNING LAW
21 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
22 California.
23 The rights and obligations of the parties and all interpretation and performance of this Agreement
24 shall be governed in all respects by the laws of the State of California.
25 23. ADVICE OF ATTORNEY
26 Each party warrants and represents that in executing this Agreement, it has received
27 independent legal advice from its attorneys, or the opportunity to seek such advice.
28 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
22
1 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
2 or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status
3 to operate as a corporation.
4 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing transactions
5 that they are a party to while SUBRECIPIENT is providing goods or performing services under this
6 agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party
7 and in which one or more of its directors has a material financial interest. Members of the Board of
8 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
9 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated herein by
10 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
11 immediately thereafter.
12 25. ELECTRONIC SIGNATURES
13 The parties agree that this Agreement may be executed by electronic signature as provided in
14 this section. An "electronic signature" means any symbol or process intended by an individual signing
15 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
16 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
17 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
18 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
19 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
20 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
21 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
22 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
23 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
24 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
25 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
26 conditioned upon the parties conducting the transactions under it by electronic means and either party
27 may sign this Agreement with an original handwritten signature.
28 26. ENTIRE AGREEMENT:
23
1 This Agreement constitutes the entire agreement between the SUBRECIPIENT and COUNTY
2 with respect to the subject matter hereof, and supersedes all previous Agreement negotiations,
3 proposals, commitments, writings, advertisements, publications, and understanding of any nature
4 whatsoever unless expressly included in this Agreement. Notwithstanding this provision, any additional
5 requirements and/or guidelines set forth by the TREASURY regarding the uses and reporting
6 requirements for ARPA SLFRF after the execution of this Agreement shall be understood to be
7 integrated into this Agreement, and binding on the parties.
8 //
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3 SUBRECIPIENT CO' N T—OF FRESNO
_
5 Kevin Foster, President of the Board Brian Pacheco, Chairman of the Board of
of Directors of the ACTS Foundation Supervisors of the County of Fresno
6
7
ATTEST:
8 Mailinq Address: Bernice E. Seidel
9 ACTS Foundation Clerk of the Board of Supervisors
5125 N. Gates Avenue, Suite 101 County of Fresno, State of California
10 Fresno, CA 93722
11
12
13 By:
Deputy
14 FOR ACCOUNTING USE ONLY:
Fund: 0026
15
Subclass: 91021
16
ORG: 1033
17
Account:7295
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1 Exhibit A
2 Program Description
3 SUBRECIPIENT's mission is aimed at providing food, supplies, and education to the underserved
4 communities through three key programs: the Grocery Giveaway, CityServe, and the Senior Citizens
5 Grocery Delivery programs that provide food and supplies assistance to underserved individuals and
6 families in Fresno County. In 2021, the SUBRECIPIENT's Grocery Giveaways program fed over 17,394
7 individuals, CityServe program provided over$130,000 worth of essential supplies ranging from toiletries,
8 furniture, and home goods, and the Senior Citizens Grocery Delivery program delivered groceries to 5,015
9 senior residents in the community. The SUBRECIPIENT represents that its service capacity has been
10 negatively impacted by the COVID-19 public health emergency, as the demand for food assistance from
11 individuals and families experiencing food insecurity has drastically increased during the course of the
12 pandemic. Food distributions events are held at the SUBRECIPIENT's warehouse, 4798 North Marty
13 Avenue, Fresno, which is located in a disadvantaged area within census tract 06019004205. According to
14 the U.S. Census Bureau American Community Survey (ACS) 5-year reports, the census tract reported an
15 estimated population of 6,000 residents and a median household income of$49,283 for the surveyed
16 period 2016 to 2020.
17 SLFRF provided under this Agreement will provide funding assistance to increase capacity
18 service levels to meet the community's demand in the SUBRECIPIENT's Grocery Giveaway, CityServe,
19 and the Senior Citizens Grocery Delivery programs, consisting of personnel salaries and benefits, utility
20 fees, operational and office supplies, food and bagging costs, facility security, and transport fuel
21 expenditures for calendar years 2023 and 2024, which will benefit disadvantaged neighborhoods and
22 populations in and near northwest City of Fresno at no cost to individuals and families in need.
23 SUBRECIPIENT represents that SLFRF will assist to meet its 2022 goal to feed 36,000 individuals,
24 including 6,000 senior residents, with the goal of increasing its numbers by 20% each year.
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26
1 Exhibit B
2 Subrecipient Expenditure Plan
3 SUBRECIPIENT shall provide to COUNTY drawdown requests for payments for eligible
4 expenses to complete the Program. In the first thirty (30) days following the Effective Date of this
5 Agreement, SUBRECIPIENT may make one (1) drawdown request to a maximum of one hundred
6 twenty-five thousand dollars ($125,000), equivalent to twenty five percent (25%) of the Program's total
7 budgeted amount ($500,000), to cover eligible expenditures in support of the Program. The first
8 drawdown request from SUBRECIPIENT to the COUNTY shall also be accompanied by a written
9 certification from the SUBRECIPIENT that the drawdown request for payment is consistent with the
10 amount of work scheduled to be performed or materials to be purchased with the amount of funding
11 being requested from the COUNTY. Drawdowns requests shall detail purchase orders, receipts, and
12 reimbursement requests, detailing items purchased, and expenses incurred or anticipated to be incurred
13 in support of the Program for items listed in Table 1-1 of Exhibit B of this Agreement.
14 Table 1-1, Expenditure Plan
15 7 months 12 months 12 months
Projected Program Expenses 2022* 2023 2024
16 Food Cost $1,000 $1,000 $1,000
Bags/Gloves $200 $200 $200
17 Supplies $75 $75 $75
Gas(Senior Deliveries) $500 $500 $500
18 Gas(Donation Pickups) $500 $500 $500
Building Rental $3,500 $3,500 $3,500
19 Full-Time Director Salary $5,000 $5,000 $5,000
Part-Time Admin Salary $2,500 $2,500 $0
20 PT Delivery Driver(Donation Pickups) $1,500 $1,500 $0
Custodian/Maintenance $500 $500 $500
21 Internet $200 $200 $200
Phone $100 $100 $100
22 Electricity $600 $600 $600
Security $150 $150 $150
23 Truck Insurance/Uhaul Rental? $300 $300 $300
Liability Insurance $300 $300 $300
24 Trash $400 $400 $400
Water $120 $120 $120
25 c-train for CityServe $90 $90 $90
Pest Control $100 $100 $100
26 Food Bank Fee $13 $13 $13
Monthly Budget $17,648 $17,648 $13,648
27 Annual Budget 1 $123,5361 $211,776 $163,776
(*June-December)
28 Total:$499,088
27
1 Exhibit B (continued)
2 Drawdown Request Form
3
Date:
4
County of Fresno
5 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
6 Fresno, CA 93721
7
Subject: Drawdown Request for
8 Subrecipient Program Subrecipient Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting drawdown payment of$ in support of the
11 Program.
12 The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the
13 amount of work that has been completed to date, detailing items purchased, and expenses
14 incurred or anticipated to be incurred in support of the Program in accordance with the
15 Subrecipient Expenditure Plan (Exhibit B, Table 1-1) documented in the executed Agreement,
16 and as evidenced by the enclosed invoices and supporting documents.
17 Payee Invoice #/ Contract# Amount
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22 Sincerely,
23
24 [Subrecipient Officer]
25 [Subrecipient Name]
26 Enclosure(s)
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1 Exhibit C
2 PROGRAM
Tax Identification Number or Unique ID (TIN or Agreement Number:
3 SAM):
4 Name of Entity: Program Name:
5 Reporting Period State Date: Reporting Period End Date:
6 Expenditure Category: 2 Negative Economic Impacts
7 Total Award: Remaining Balance:
8
9 EXPENDITURES
Catego Cumulative Cumulative Current Current
10 Expenditures Obligations Period Period
Obligationsto date ($) to date ($) Expenditures
11 2 Negative Economic Impacts, Assistance to Households
12 2.1 Food Programs
13 TOTAL
14 Describe program achievements and upcoming milestones:
15
16
17 Qua erly Status Report, select one:
18 Not started
Completed less than 50 percent
19 Completed more than 50 percent
Completed
20
PROJECT STATUS
21
22
23 AUTHORIZED SIGNATURE
24
25 Signature Date
Prepared by
26 (Print name)federal law.
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29
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).
12 Annual Period Covered Due Date
13 1 Report Award — June 30, 2023 July 15, 2023
14 2 July 1, 2023 — June 30, 2024 July 15, 2024
3 July 1, 2024 — June 30, 2025 July 15, 2025
15 4 July 1, 2025 — June 30, 2026 July 15, 2026
16 5 1 July 1, 2026 — December 31, 2026 1 January 15, 2027
17 Instructions:
18 SUBRECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
19 Responsibilities (Reporting Guidance) located at: https:Hhome.treasurV.gov/system/files/136/SLFRF-
20 Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
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1 Exhibit E
2 Self-Dealing Transaction Disclosure Form
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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 1. Use of Funds.
5 a) Subrecipient understands and agrees that the funds disbursed under this award may only be used
6 in compliance with section 603(c)of the Social Security Act(the Act), Treasury's regulations
7 implementing that section, and guidance issued by Treasury regarding the foregoing.
8 b) Subrecipient will determine prior to engaging in any project using this assistance that it has the
9 institutional, managerial, and financial capability to ensure proper planning, management, and
10 completion of such project.
11
12 2. Period of Performance. The period of performance for this award begins on the date hereof and
13 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
14 award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
15 December 31, 2024.
16
17 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
18 they relate to this award.
19
20 4. Maintenance of and Access to Records.
21 a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
22 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
23 Treasury regarding the foregoing.
24 b) The Treasury Office of Inspector General and the Government Accountability Office, or their
25 authorized representatives, shall have the right of access to records (electronic and otherwise) of
26 Subrecipient in order to conduct audits or other investigations.
27 c) Records shall be maintained by Subrecipient for a period of five (5) years after all funds have been
28 expended or returned to Treasury, whichever is later.
34
1
2 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
3 from this award.
4
5 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct
6 and indirect costs as specified in the Scope of Work.
7
8 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
9
10 8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest
11 policy consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each
12 activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the
13 pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
14 accordance with 2 C.F.R. § 200.112.
15
16 9. Compliance with Applicable Law and Regulations.
17 a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted
18 by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the
19 foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations,
20 and executive orders, and Subrecipient shall provide for such compliance by other parties in any
21 agreements it enters into with other parties relating to this award.
22 b) Federal regulations applicable to this award include, without limitation, the following:
23 i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
24 Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
25 inapplicable to this Award and subject to such exceptions as may be otherwise provided by
26 Treasury. Subpart F-Audit Requirements of the Uniform Guidance, implementing the
27 Single Audit Act, shall apply to this award.
28
35
1 ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant
2 to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
3 by reference.
4 iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
5 to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
6 by reference.
7 iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
8 (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
9 condition in all lower tier covered transactions (contracts and subcontracts described in 2
10 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
11 implementing regulation at 31 C.F.R. Part 19.
12 V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth
13 in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
14 vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
15 vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
16 viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
17 ix. U.S.C. §§4601-4655) and implementing regulations.
18 X. Generally applicable federal environmental laws and regulations.
19 c) Statutes and regulations prohibiting discrimination applicable to this award include, without
20 limitation, the following:
21 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
22 ii. implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
23 race, color, or national origin under programs or activities receiving federal financial
24 assistance;
25 iii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
26 which prohibits discrimination in housing on the basis of race, color,
27 iv. religion, national origin, sex, familial status, or disability;
28
36
1 V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
2 prohibits discrimination on the basis of disability under any program or activity receiving
3 federal financial assistance;
4 vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
5 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
6 the basis of age in programs or activities receiving federal financial assistance; and
7 vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
8 seq.), which prohibits discrimination on the basis of disability under programs, activities, and
9 services provided or made available by state and local governments or instrumentalities or
10 agencies thereto.
11
12 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
13 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
14 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
15 award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
16 violation of section 602 (c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
17 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
18 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
19
20 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5
21 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
22 employees whose principal employment is in connection with an activity financed in whole or in part by this
23 federal assistance.
24
25 12. False Statements. Subrecipient understands that making false statements or claims in connection
26 with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
27 including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
28 or contracts, and/or any other remedy available by law.
37
1
2 13. Publications. Any publications produced with funds from this award must display the following
3 language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRP
4 3678 awarded to County of Fresno by the U.S. Department of the Treasury."
5
6 14. Debts Owed the Federal Government.
7 a) Any funds paid to Subrecipient (1) in excess of the amount to which Subrecipient is finally
8 determined to be authorized to retain under the terms of this award; (2) that are determined by the
9 Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury
10 to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and
11 have not been repaid by Subrecipient shall constitute a debt to the federal government.
12 b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
13 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
14 payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
15 or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
16 actions available to it to collect such a debt.
17
18 15. Disclaimer.
19 a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
20 persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
21 damages, or any other losses resulting in any way from the performance of this award or any
22 contract, or subcontract under this award.
23 b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
24 between the United States and Subrecipient.
25
26 16. Protections for Whistleblowers.
27 a) In accordance with 41 U.S.C. §4712, Subrecipient may not discharge, demote, or otherwise
28 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
38
1 provided below, information that the employee reasonably believes is evidence of gross
2 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
3 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
4 a violation of law, rule, or regulation related to a federal contract (including the competition for or
5 negotiation of a contract) or grant.
6 b) The list of persons and entities referenced in the paragraph above includes the following:
7 i. A member of Congress or a representative of a committee of Congress;
8 ii. An Inspector General;
9 iii. The Government Accountability Office;
10 iv. A Treasury employee responsible for contract or grant oversight or management;
11 V. An authorized official of the Department of Justice or other law enforcement agency;
12 vi. A court or grand jury; or
13 vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
14 has the responsibility to investigate, discover, or address misconduct.
15 c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
16 section, in the predominant native language of the workforce.
17
18 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217
19 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
20 policies and programs for their employees when operating company-owned, rented or personally owned
21 vehicles.
22
23 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FIR 51225 (Oct. 6,
24 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
25 policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
26 to decrease accidents caused by distracted drivers.
27
28
39
1 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
2 ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
3
4 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
5 Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
6 grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of
7 Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
8 and other arrangements with the intention of providing assistance. Federal financial assistance does not
9 encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
10 the Federal government at market value, or programs that provide direct benefits.
11 The assurances apply to all federal financial assistance from, or funds made available through the
12 Department of the Treasury, including any assistance that the Subrecipient may request in the future.
13 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
14 the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
15 Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
16
17 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
18 as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
19 discrimination under programs and activities receiving federal financial assistance, of any person in
20 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
21 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
22 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
23 memoranda, and/or guidance documents.
24 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
25 with Limited English Proficiency," seeks to improve access to federally assisted programs and
26 activities for individuals who, because of national origin, have Limited English proficiency (LEP).
27 Subrecipient understands that denying a person access to its programs, services, and activities
28 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
40
1 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly,
2 Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
3 directives, to ensure that LEP persons have meaningful access to its programs, services, and
4 activities. Subrecipient understands and agrees that meaningful access may entail providing
5 language assistance services, including oral interpretation and written translation where necessary,
6 to ensure effective communication in the Subrecipient's programs, services, and activities.
7 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
8 develops applicable budgets and conducts programs, services, and activities. As a resource, the
9 Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information
10 on taking reasonable steps to provide meaningful access for LEP persons, please visit
11 http://www.lep.gov.
12 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
13 of continued receipt of federal financial assistance and is binding upon Subrecipient and
14 Subrecipient's successors, transferees, and assignees for the period in which such assistance is
15 provided.
16 5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
17 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
18 agrees to incorporate the following language in every contract or agreement subject to Title VI and
19 its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
20 subcontractors, successors, transferees, and assignees:
21 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
22 comply with Title VI of the Civil Rights Act of 1964, which prohibits subrecipients of federal
23 financial assistance from excluding from a program or activity, denying benefits of, or
24 otherwise discriminating against a person on the basis of race, color, or national origin (42
25 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title VI
26 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
27 this contract(or agreement). Title VI also includes protection to persons with "Limited
28 English Proficiency"in any program or activity receiving federal financial assistance, 42
41
1 U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title VI
2 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
3 contract or agreement.
4 6. Subrecipient understands and agrees that if any real property or structure is provided or improved
5 with the aid of federal financial assistance by the Department of the Treasury,this assurance
6 obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
7 during which the real property or structure is used for a purpose for which the federal financial
8 assistance is extended or for another purpose involving the provision of similar services or benefits.
9 If any personal property is provided, this assurance obligates the Subrecipient for the period during
10 which it retains ownership or possession of the property.
11 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
12 of the Treasury of the aforementioned obligations. Enforcement may include investigation,
13 arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
14 these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
15 and reporting requirements.
16 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
17 complaints of discrimination on the grounds of race, color, or national origin, and limited English
18 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
19 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
20 completed, including outcome. Subrecipient also must inform the Department of the Treasury if
21 Subrecipient has received no complaints under Title VI.
22 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
23 compliance of Title VI and efforts to address the non-compliance, including any voluntary
24 compliance or other agreements between the Subrecipient and the administrative agency that
25 made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
26 Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
27 of any court or administrative agency finding of discrimination, please so state.
28
42
1 10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
2 responsible for ensuring that sub-recipients also comply with Title VI and other applicable
3 authorities covered in this document. State agencies that make sub-awards must have in place
4 standard grant assurances and review procedures to demonstrate that they are effectively
5 monitoring the civil rights compliance of subrecipients.
6 The United States of America has the right to seek judicial enforcement of the terms of this assurances
7 document, and nothing in this document alters or limits the federal enforcement measures that the United
8 States may take in order to address violations of this document or applicable federal law.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
43