HomeMy WebLinkAboutAgreement A-22-224.pdf Agreement No. 22-224
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT
3 THIS AGREEMENT ("Agreement") is made and entered into this 7th day of June
4 2022 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
5 California ("COUNTY'), and Habitat for Humanity Fresno Incorporated, a California nonprofit 501(c)(3)
6 corporation whose address is 4991 E. McKinley Avenue, Fresno, CA 93727 ("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 has designated investment to address the lack of affordable housing
23 and housing challenges and promotion of the development of affordable housing to increase long-term
24 housing security for impacted communities as responsive to the negative economic impacts of the
25 pandemic when provided to disproportionately impacted households and communities, and an Eligible Use
26 of SLFRF; and
27 WHEREAS, the Final Rule specified that while many households suffered negative economic
28 outcomes as a result of the COVID-19 pandemic and economic recession, households with low incomes
1
1 were impacted in disproportionate and exceptional ways, including reporting being housing insecure at
2 rates more than twice as high as higher income households, and low-and moderate-income households
3 reported housing quality hardship at rates statistically greater than the rate for higher income households;
4 and
5 WHEREAS, under the Final Rule, the development of affordable housing to increase supply of
6 affordable and high-quality living units supports durable and sustainable homeownership, and is responsive
7 to the needs of individuals and households that were impacted by the COVID-19 pandemic; and
8 WHEREAS, the SUBRECIPIENT represents that it facilitates the construction of new affordable
9 homes for families in need, for families that have the ability to pay a monthly affordable mortgage, and for
10 families that have the willingness to invest volunteer hours of labor"sweat equity" into partnering with the
11 SUBRECIPIENT to construct their future home; and
12 WHEREAS, the Final Rule recognizes categorical eligibility for impacted households, which include
13 households that qualify for the Home Investment Partnerships (HOME) Program, which restricts eligibility to
14 potential buyers whose income is at or below 80% of the Area Median Income (AMI)for Fresno County, as
15 annually reported by the United States Department of Housing and Urban Development (HUD); and
16 WHEREAS, the SUBRECIPIENT represents that it targets, through its self-help model, rural
17 families whose income falls within the 30th to 80th percentile of the AMI, as annually published by HUD;
18 and
19 WHEREAS, the SUBRECIPIENT represents that it selects rural families that meet the eligibility
20 of the HOME Program who, because of their income, are unable to afford the down-payment
21 requirements that traditional mortgage lending companies require to purchase a home, including
22 mortgage down-payment assistance; and
23 WHEREAS, the SUBRECIPIENT represents that it is facilitating the process to plan, design,
24 engineer, secure building permits, and purchase materials to construct seven-affordable homes, each
25 approximately 1,400 square-feet in size, in an existing multi-family subdivision located at the northeast
26 corner of State Route 33/ Dos Palos Road and San Joaquin Avenue in the City of Firebaugh, a
27 Disadvantaged Community located in a census tract that has a reported average median household
28 income of$41,199; and
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1 WHEREAS, SUBRECIPIENT represents that, due to the COVID-19 pandemic, lumber mills shut
2 down, increasing the prices of lumber and decreasing the supply of lumber, labor costs increased, and
3 many of SUBRECIPIENT's funding streams were reallocated to pandemic relief; and
4 WHEREAS, SUBRECIPIENT represents that SLFRF provided under this Agreement will assist
5 with unanticipated construction costs of$790,000, for the construction of the seven-affordable homes,
6 which costs include administrative fees, engineering fees, legal fees, permitting costs, environmental
7 review costs, and construction costs to construct the seven-affordable homes in Firebaugh, as shown on
8 Table 1-1 of Exhibit B; and
9 WHEREAS, based on SUBRECIPIENT's representations stated herein, COUNTY will grant SLFRF
10 to SUBRECIPIENT to assist with unanticipated construction costs in the amount of$790,000, so that
11 SUBRECIPIENT may increase the supply of affordable and high-quality living units in Firebaugh with
12 SUBRECIPIENT's project to construct seven-affordable homes in the City of Firebaugh, to be made
13 available to, and benefit, families who meet the income requirements of the HOME Program, who are each
14 willing to contribute 500 hours of"sweat equity"to help build their own homes("Program"); and
15 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement is intended to
16 support a strong and equitable recovery from the COVID-19 pandemic and economic downturn by
17 investing in programs and services, which will provide affordable, high quality, permanent housing for,
18 and benefit, impacted families in impacted communities in Fresno County; and
19 WHEREAS, under Section 602(c)(3) of the ARPA, the COUNTY may transfer SLFRF to nonprofit
20 organizations for Eligible Uses, including the development of affordable and high-quality housing for
21 families in impacted communities, for the purpose of meeting 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 these SLFRF to assist with
13 unanticipated construction costs of$790,000, including administrative fees, engineering fees, legal fees,
14 permitting costs, environmental review costs, and construction costs, as shown on Table 1-1 of Exhibit
15 B, attached and incorporated by this reference, for the construction of seven-affordable homes in the City
16 of Firebaugh.
17 E. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program
18 by furnishing to the COUNTY information described in Exhibit A, Program Description, which is attached
19 and incorporated by this reference.
20 F. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible
21 to ensure that SLFRF granted under this Agreement are spent in compliance with all ordinances of the
22 County of Fresno, and laws of the State of California, and all laws of the federal government. This
23 includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative
24 Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, the
25 TREASURY's Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds
26 ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus State and Local
27 Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for expenditures before April 1, 2022)
28 and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or later), and any subsequent updates,
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1 including TREASURY's Frequently Asked Questions. The award terms and conditions required by the
2 TREASURY are set forth in Exhibit F, which is attached and incorporated by this reference, as provided
3 by the TREASURY. Notwithstanding anything provided in Section 8 of this Agreement, or in this
4 Subsection 1(F), SUBRECIPIENT has the sole responsibility for compliance under this Section 1(F).
5 G. Prevailing Wage.
6 a. For any portion of any of the work, service, and/or function (including, but
7 not limited to, any construction, alteration, installation, demolition, repair, or maintenance work), to be
8 performed, either directly or on behalf of SUBRECIPIENT under any agreements with any contractors
9 and/or suppliers (including their respective sub-contractors at any tier) or otherwise, with respect to the
10 Program that is a "public work" for the purposes of Chapter 1 (commencing with § 1720) of Part 7 of
11 Division 2 of the California Labor Code (collectively, "Chapter 1 of the Labor Code"), (i) SUBRECIPIENT
12 shall comply with, and cause all such contractors and/or suppliers (including their respective sub-
13 contractors at any tier) to comply with, all applicable provisions of Chapter 1 of the Labor Code with
14 respect to the Program, and (ii) prior to causing any work to be performed under any agreements with
15 any contractors and/or suppliers, or otherwise, SUBRECIPIENT shall incorporate all of the provisions of
16 this Section 1.G into such agreements.
17 b. SUBRECIPIENT shall promptly provide a copy to COUNTY of any
18 correspondence, notices, and/or orders, in any written form, and/or any documents initiating legal action
19 (collectively, "DIR Administrative or Legal Action") by or on behalf of the Director of the Department of
20 Industrial Relations of the State of California, including any representative thereof(collectively, the
21 "DIR") to or against SUBRECIPIENT, and SUBRECIPIENT's written responses, in any written form,
22 thereto, that relate to any work, or any portion thereof, provided however, SUBRECIPIENT's provision of
23 such copy of any DIR Administrative or Legal Action, and/or SUBRECIPIENT's responses thereto, or
24 failure to provide same or to timely provide same, shall not impose any obligation upon COUNTY with
25 respect to SUBRECIPIENT's obligations under this Section 1.G. SUBRECIPIENT acknowledges that
26 the DIR provides the following internet resource:
27 https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
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1 C. COUNTY does not make any representation, or provide any guidance, to
2 SUBRECIPIENT as to (i) the nature, type, or scope of the work, or any portion thereof, to be performed
3 by SUBRECIPIENT, either directly or under any agreements with any contractors and/or suppliers
4 (including their respective sub-contractors at any tier), that constitutes a "public work," or (ii) the
5 sufficiency of the DIR's internet resource, above, for purposes of compliance with this Section 1.G. The
6 provisions of this Section 1.G. shall survive the termination of this Agreement. COUNTY has not made
7 any representation nor lack of representation with respect to this Agreement, or as to any matter
8 described in this Section 1.G. to any contractors and/or suppliers (including their respective sub-
9 contractors at any tier) or otherwise, retained or contracted with by SUBRECIPIENT, and no such
10 person or entity may rely on any purported representation of the COUNTY with respect to this subject
11 matter.
12 H. Timeline. SUBRECIPIENT shall ensure that the Program is diligently undertaken
13 and completed, and all SLFRF granted under this Agreement are fully expended, no later than
14 December 31, 2026. By August 31, 2024, SUBRECIPIENT shall analyze, and shall report to COUNTY
15 in writing, whether it can complete the Program or fully expend the SLFRF granted under this
16 Agreement by December 31, 2026. If SUBRECIPIENT is not capable of completing the Program or fully
17 expending the SLFRF granted under this Agreement on the Program by December 31, 2026,
18 SUBRECIPIENT shall return any previously issued SLFRF, which have not been bindingly obligated to a
19 permissible use, to COUNTY within fifteen calendar days. Additionally, SUBRECIPIENT shall account
20 for all SLFRF which have not been bindingly obligated to a permissible use by December 31, 2024, and
21 shall remit the same unobligated SLFRF to the COUNTY within thirty calendar days.
22 I. No Litigation. SUBRECIPIENT shall not use any SLFRF provided by the
23 COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or
24 penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against
25 SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at
26 law or in equity against COUNTY, nor institute, prosecute, or any way aid in the institution or
27 prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury
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1 either to person or property, or both, whether developed or undeveloped, resulting or to result, known or
2 unknown, past, present, or future, arising out of, in any way, the terms of this Agreement.
3 J. SUBRECIPIENT agrees that if SUBRECIPIENT receives SLFRF from any other
4 local or state entity for all or any part of the Program for which SUBRECIPIENT has received SLFRF
5 from COUNTY under this Agreement, the SUBRECIPIENT shall contact COUNTY in writing within five
6 (5) business days. SUBRECIPIENT agrees that it may be required to return all or part of the SLFRF
7 received from the COUNTY if the total amount of SLFRF from all local and state entities exceeds the
8 Program's budget, and if SUBRECIPIENT does not intend to expand the Program.
9 K. None of the personnel employed in the administration of the Program shall be in
10 any way, or to any extent engaged in, the conduct of political activities prohibited by Chapter 15 of Title
11 5, U.S. Code, as applicable.
12 L. None of the SLFRF to be paid under this Agreement shall be used for any
13 partisan political activity, or to support or defeat legislation pending before Congress.
14 2. PROCUREMENT REQUIREMENTS
15 A. SUBRECIPIENT shall comply with all procurement requirements specified in the
16 Uniform Guidance, including, but not limited to, 2 CFR Part 200 et. seq.
17 B. SUBRECIPIENT shall take all necessary affirmative steps to assure that minority
18 businesses, women's business enterprises, and labor surplus area firms are used when possible, when
19 procuring goods and services under this Agreement, including the affirmative steps described in 2 CFR§
20 200.321.
21 C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a
22 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
23 States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
24 3. REPORTING REQUIREMENTS
25 A. Quarterly Program Expenditure Report: SUBRECIPIENT shall submit to the
26 COUNTY's designated contact, as designated by the COUNTY's County Administrative Officer in writing
27 at the execution of this Agreement, Quarterly Program Expenditure Reports through the term of this
28 Agreement as provided by this Section 3.A. The reports shall contain, but not be limited to, the
1 information described in Exhibits B and C, which are attached and incorporated by this reference, and
2 must include a statement, signed by the SUBRECIPIENT, indicating that all expenditures in the report
3 comply with the Interim Rule and the Final Rule, as applicable, and ARPA guidelines for the SLFRF, as
4 set forth by the TREASURY. Quarterly expenditure reports shall be submitted to COUNTY no later than
5 fifteen (15) days after the end of each quarter listed below for the term of this Agreement, beginning with
6 the first quarter ending after the Effective Date:
7 1) January 1 — March 31, due by April 15
8 2) April 1 — June 30, due by July 15
9 3) July 1 — September 30, due by October 15
10 4) October 1 — December 31, due by January 15
11 B. Annual Performance Report: Within fifteen (15) days after each June 30,
12 SUBRECIPIENT shall submit one "Annual Performance Report" to the COUNTY, covering all
13 performance by the SUBRECIPIENT under this Agreement for the fiscal year ending that June 30. The
14 report shall contain, but not limited to, the information contained in Exhibit D, which is attached and
15 incorporated by this reference.
16 C. Final Report: A Final Program Report shall be submitted to COUNTY within thirty
17 (30) days upon completion of the Program. A Final Report shall include an accounting of all costs and
18 expenses incurred by SUBRECIPIENT, and any other information as the COUNTY deems necessary to
19 facilitate closeout of the Program and ensure that the COUNTY's obligations and requirements under
20 the SLFRF Program are met. The Final Program Report is not complete until COUNTY has delivered to
21 SUBRECIPIENT written acceptance of the Final Program Report.
22 4. NONDISCRIMINATION
23 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
24 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
25 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
26 employee, applicant for employment or person receiving services under this Agreement because of race,
27 religious creed, color, national origin, ancestry, physical or mental disability including perception of
28 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
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1 sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military
2 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
3 shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination
4 and equal opportunity, including, without limitation, the COUNTY's non-discrimination policy; Title VI of the
5 Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at
6 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under
7 programs or activities receiving federal financial assistance; The Fair Housing Act, Title VI II of the Civil
8 Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis
9 of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act
10 of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at
11 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving
12 federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42
13 U.S.C. sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
14 activities, and services provided or made available by state and local governments or instrumentalities or
15 agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.);
16 California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as
17 amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of
18 Federal Regulations.
19 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
20 this Section 4 in all subcontracts to perform work under this Agreement.
21 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
22 opportunity to express, and have considered, their views, grievances, and complaints regarding
23 SUBRECIPIENT's delivery of services.
24 5. CONFLICTS OF INTEREST; ETHICS
25 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
26 policy consistent with 2 CFR § 200.318(c), and that such conflict-of-interest policy is applicable to each
27 activity funded under this award. Subrecipient must disclose in writing to the TREASURY and to COUNTY
28 any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR § 200.12. Further,
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1 no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any gifts, service, favor,
2 employment, engagement, remuneration, or economic opportunity which would tend to improperlyinfluence
3 a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that
4 position.
5 B. No officer, agent, consultant, or employee of SUBRECIPIENT may use his or her
6 position to secure or grant any unwarranted privilege, preference, exemption, or advantage for himself or
7 herself, any member of his or her household, any business entity in which he or she has a financial interest,
8 or any other person.
9 C. No officer, agent, consultant, or employee of SUBRECIPIENT may participate as an
10 agent of SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT and any
11 private business in which he or she has a financial interest.
12 D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any
13 report or other document because it might tend to affect unfavorably his or her private financial interests.
14 E. No officer, agent, consultant, employee, or elected or appointed official of the
15 COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any
16 contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for himself or
17 herself, or for those whom he or she has family or business ties, during his or her tenure, or for one year
18 thereafter, for any of the work to be performed pursuant to the Program.
19 6. REQUIRED LICENSES, CERTIFICATES, AND PERMITS
20 A. Any licenses, certificates or permits required by the federal, state, county, or municipal
21 governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A
22 must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this
23 Agreement.
24 B. SUBRECIPIENT must maintain such licenses, certificates and permits in full force and
25 effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses, professional
26 licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and
27 maintained by SUBRECIPIENT at no expense to the COUNTY.
28 C. Subrecipient must show proof ofestablished "indirect cost rates," as defined by the
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1 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (5
2 U.S.C. 301; 2 CFR 200)with either the Federal Government, or a final negotiated "indirect cost rate" with
3 COUNTY that complies with the Uniform Guidelines within 3 months of receipt of SLFRF.
4 7. OFFICE SPACE, SUPPLIES, EQUIPMENT, AND OPERATING OVERHEAD
5 A. SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference
6 materials, and telephone service necessary for SUBRECIPIENT to provide the services and operate the
7 Program identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay
8 SUBRECIPIENT for any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such
9 items. Responsibility for the costs and expenses incurred by SUBRECIPIENT in providing and maintaining
10 such items is the sole responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall
11 comply with the Uniform Cost Administrative Principles, and Audit Requirements for Federal Awards.
12 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY
13 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with
14 TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic
15 reports to TREASURY.
16 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY for
17 SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF program,
18 SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as applicable, and
19 reporting requirements, as applicable.
20 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
21 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
22 Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve
23 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
24 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to
25 TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
26 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.
27 9. PENALTIES
28 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
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1 described herein, may result in the TREASURY's recoupment of SLFRF from the COUNTY, and that in
2 such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
3 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
4 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY
5 may impose additional conditions, as described in 2 CFR § 200.208. If the COUNTY determines that
6 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
7 of the following actions, as appropriate in the circumstances:
8 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
9 refund SLFRF upon demand by COUNTY.
10 B. Temporarily withhold cash payments pending correction of the deficiency by
11 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
12 C. Disallow (that is, deny both use of funds and any applicable matching credit for) all
13 or part of the cost of the activity or action not in compliance;
14 D. Wholly or partly suspend or terminate the SLFRF;
15 E. Recommend the TREASURY initiate suspension or debarment proceedings;
16 F. Withhold further SLFRF for the Program; and
17 G. Take other remedies that may be legally available.
18 10. FINANCIAL MANAGEMENT
19 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
20 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
21 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
22 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
23 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
24 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
25 accounts that correspond to each such authorized use provided further that such separate accounts are
26 subject to this Section 10.A., and are segregated and identified by a unique identifier. In no event shall
27 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
28 or charge.
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1 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
2 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
3 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
4 Uniform Guidance requirements apply or how they apply.
5 C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement
6 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
7 Eligible Uses of SLFRF, and shall document all funding decisions. Upon request by COUNTY, the
8 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to
9 the COUNTY.
10 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
11 recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than
12 $750,000 of Federal funds during that reporting period. If SUBRECIPIENT submits a letter stating it
13 expended less than $750,000 in Federal funds, SUBRECIPIENT shall provide a recent financial
14 statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial
15 accountability submissions shall be provided to County of Fresno, County Administrative Office located
16 at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically to e-mail address
17 fresnocao(o)fresnocountyca.gov.
18 E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred,
19 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
20 transaction by any federal department or agency. This certification is made pursuant to the regulations
21 implemented by 2 CFR Part 200, Subpart 200.214, Debarment and Suspension, and any relevant
22 program-specific regulations. This provision shall be required of every subcontractor receiving any
23 payment in whole or in part from Federal funds.
24 F. SUBRECIPIENT shall record all costs of the Program by budget line items, which
25 shall be supported by adequate source documentation, including payroll ledgers, time records, invoices,
26 contracts, vouchers, orders, and other accounting documents evidencing in proper detail the nature and
27 propriety of all costs. At any time during normal business hours, SUBRECIPIENT's financial transactions
28 with respect to the Program may be audited by the COUNTY or independent auditors contracted by the
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1 COUNTY, or any combination thereof. The representatives of the auditing agency or agencies shall
2 have access to all books, documents, accounts, records, reports, files, papers, things, property,
3 contractors of program services, and other persons pertaining to such financial transactions and
4 necessary to facilitate the audit.
5 G. Copies, excerpts, or transcripts of all of the books, documents, papers, and
6 records, including invoices, payroll registers, time records, contracts, and accounting documents
7 concerning matters that are reasonably related to the Program shall be provided upon request to the
8 COUNTY.
9 H. Expenditures eligible for reimbursement from the SLFRF are described in Exhibit
10 B, which is attached and incorporated by this reference. SUBRECIPIENT shall not make any changes in
11 the line-item expenditures in Exhibit B without prior written approval of the COUNTY.
12 I. No cash reimbursement for purchases of any kind is allowable.
13 11. TERM
14 The term of this Agreement shall comply with ARPA Guidelines, and shall commence on the
15 Effective Date until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program
16 Report under section 3.C. of this Agreement, unless sooner terminated as provided herein. Notwithstanding
17 timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to cover costs incurred
18 during the time period set forth by the TREASURY. The COUNTY's written acceptance of the Final
19 Program Report under section IC of this Agreement shall include the COUNTY's written notification to the
20 SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The County Administrative
21 Officer or his or her designee is authorized to execute this written acceptance of the Final Program Report
22 and notification of term end to SUBRECIPIENT.
23 12. TERMINATION
24 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
25 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
26 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
27 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty (30)
28 days advance written notice.
14
1 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
2 Agreement in whole or in part, where in the determination of the COUNTY there is:
3 1) An illegal or improper use of funds;
4 2) A failure to comply with any term of this Agreement;
5 3) A substantially incorrect or incomplete report submitted to the COUNTY;
6 4) Improperly performed service.
7 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
8 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
9 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
10 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
11 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
12 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
13 shall promptly refund any such SLFRF upon demand.
14 C. Without Cause: Under circumstances other than those set forth above, this
15 Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention
16 to terminate to SUBRECIPIENT.
17 13. GRANT FUNDING/COMPENSATION
18 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
19 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to grant
20 SUBRECIPIENT, and SUBRECIPIENT agrees to receive such grants, up to the total SLFRF grant, in an
21 amount not to exceed seven hundred ninety thousand dollars ($790,000).
22 It is expressly agreed and understood that the total amount of SLFRF to be granted by COUNTY to
23 SUBRECIPIENT for the Program shall not exceed seven hundred ninety thousand dollars ($790,000)for
24 unanticipated construction costs for the construction of seven-affordable homes in the City of Firebaugh.
25 SUBRECIPIENT shall submit written drawdown requests for the payment of eligible necessary expenses
26 in support of the Program. Drawdown requests for the COUNTY to make a such payment shall be in
27 accordance with the sample Drawdown Request Form, attached as Exhibit B, and incorporated by this
28 reference. Drawdowns requests shall detail purchase orders, receipts, and reimbursement requests,
15
1 detailing items purchased, and expenses incurred or anticipated to be incurred in support of the Program
2 for items listed in Table 1-1 of Exhibit B of this Agreement.
3 In the first thirty (30) days following the Effective Date of this Agreement, SUBRECIPIENT may
4 make one (1) drawdown request to a maximum of one-half of the Program's total SLFRF grant, to cover
5 eligible expenditures in support of the Program. The first drawdown request from SUBRECIPIENT to the
6 COUNTY shall request payment for the amount of work scheduled to be performed or materials to be
7 purchased in accordance with the Program and this Agreement. After appropriate review and inspection of
8 the first drawdown request, the COUNTY shall make the first payment available to SUBRECIPIENT in a
9 timely manner. After the first drawdown request, SUBRECIPIENT may make additional subsequent
10 drawdown requests to the COUNTY on quarterly basis (every 90 days)for eligible expenditures to be
11 funded with the remaining balance of the Program's budget, in accordance with this Agreement.
12 SUBRECIPIENT must work to minimize the time between the request from the COUNTY and the
13 disbursement of funds to meet the Program needs. Upon receipt of purchase or work orders acceptable to
14 the COUNTY, COUNTY shall disburse SLFRF to SUBRECIPIENT. SUBRECIPIENT is responsible for
15 monitoring the Program's cash flow needs and submitting drawdown requests to COUNTY in a timely
16 manner to assure adequate coverage of Program needs. It is understood that all expenses incidental to
17 SUBRECIPIENT's performance of services in carrying out its Program under this Agreement shall be
18 borne by SUBRECIPIENT.
19 SUBRECIPIENT shall submit documentation to the County of Fresno, County Administrative Office
20 located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail address
21 fresnocao@fresnocountyca.gov. Payment by COUNTY shall be in arrears for services provided during
22 the preceding period of time, within forty-five (45) days from date of receipt, verification and approval of
23 SUBRECIPIENT's invoice and supporting documentation by COUNTY. If SUBRECIPIENT fails to comply
24 with any provision of this Agreement, COUNTY shall be relieved of its obligations for further compensation.
25 B. To ensure compliance with Federal and State regulations, COUNTY may require
26 additional supporting documentation or clarification of claimed expenses as follows:
27 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
28 documentation or clarification.
16
1 ii. SUBRECIPIENT shall respond within five (5) business days with required
2 additional documentation or clarification to avoid disallowances/partial payment of invoice.
3 iii. All invoices containing expenses that need additional documentation or
4 clarification not provided to COUNTY within five (5) business days of request shall have those expenses
5 disallowed, and only the allowed expenses shall be paid.
6 iv. SUBRECIPIENT may resubmit disallowed expenses as a supplemental invoice
7 only, and must be accompanied by required documentation.
8 C. All expenses incidental to SUBRECIPIENT'S performance of services in carrying out
9 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
10 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
11 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
12 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
13 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
14 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT. County
15 has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
16 14. INDEPENDENT CONTRACTOR
17 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
18 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
19 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
20 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
21 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
22 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
23 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
24 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
25 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
26 regulations, if any, of governmental authorities having jurisdiction over all matters subject thereto.
27 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right
28 to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable
17
1 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
2 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
3 to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all
4 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
5 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
6 15. MODIFICATION
7 Any matters of this Agreement may be modified from time to time by the written consent of all the
8 parties without, in any way, affecting the remainder.
9 16. NON-ASSIGNMENT
10 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
11 this Agreement without the prior written consent of the other party.
12 17. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at
13 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs
14 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
15 losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by
16 SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs
17 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
18 losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
19 performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this
20 Agreement.
21 SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
22 TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this
23 Agreement.
24 SUBRECIPIENT shall indemnify COUNTY against any and all claims or actions by any person or
25 entity arising from any violation or alleged violation of Section 1.G, herein.
26 The provisions of this Section 17 shall survive the termination or expiration of this Agreement.
27 18. INSURANCE
28 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
18
1 parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
2 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
3 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
4 A. Commercial General Liability
5 Commercial General Liability Insurance with limits of not less than Two Million Dollars
6 ($2,000,000.00) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000.00). This
7 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
8 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
9 liability or any other liability insurance deemed necessary because of the nature of this contract.
10 B. Automobile Liability
11 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
12 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
13 used in connection with this Agreement.
14 C. Professional Liability
15 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
16 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
17 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
18 SUBRECIPIENT agrees that it shall maintain, at its sole expense, in full force and effect for a period of
19 three (3) years following the termination of this Agreement, one or more policies of professional liability
20 insurance with limits of coverage as specified herein.
21 D. Worker's Compensation
22 A policy of Worker's Compensation insurance as may be required by the Labor Code.
23 Additional Requirements Relating to Insurance
24 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming
25 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
26 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
27 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
28 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
19
1 provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without
2 a minimum of thirty (30) days advance written notice given to COUNTY.
3 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
4 employees any amounts paid by the policy of worker's compensation insurance required by this
5 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
6 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under
7 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
8 Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement,
9 SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the
10 foregoing policies, as required herein, to the County of Fresno, County Administrative Office, Attention:
11 ARPA—SLFRF Coordinator, 2281 Tulare Street, Room 304, Fresno, CA 93721, stating that such
12 insurance coverages have been obtained and are in full force; that the County of Fresno, its officers, agents
13 and employees will not be responsible for any premiums on the policies; that for such worker's
14 compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its officers,
15 agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate
16 the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its
17 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the
18 operations under this Agreement are concerned; that such coverage for additional insured shall apply as
19 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents
20 and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's
21 policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)
22 days advance, written notice given to COUNTY.
23 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
24 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
25 Agreement upon the occurrence of such event.
26 All policies shall be issued by admitted insurers licensed to do business in the State of California,
27 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
28 FSC VI or better.
20
1 19. RECORDKEEPING AND CONFIDENTIALITY
2 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
3 must maintain records and financial documents for five (5) years after all SLFRF have been expended or
4 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
5 TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is
6 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
7 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
8 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
9 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
10 disclosure pursuant to the California Consumer Privacy Act (CCPA) to ensure against a breach of
11 security of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have
12 established written policies and procedures that align with CCPA, and shall follow such procedures.
13 Upon request, SUBRECIPIENT shall make available to COUNTY staff such written policies and
14 procedures, and shall be monitored for compliance.
15 20. AUDITS AND INSPECTIONS:
16 A. SUBRECIPIENT shall, at anytime during business hours, and as often as the
17 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
18 with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
19 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
20 SUBRECIPIENT'S compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
21 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
22 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
23 reviewing entity deems to be appropriate in order to determine:
24 1) Whether the objectives of the Program are being achieved;
25 2) Where the Program is being operated in an efficient and effective
26 manner;
27 3) Whether management control systems and internal procedures have
28 been established to meet the objectives of the Program;
21
1 4) Whether the financial operations of the Program are being conducted
2 properly;
3 5) Whether the periodic reports to the COUNTY contain accurate and
4 reliable information;
5 6) Whether all of the activities of the Program are conducted in compliance
6 with the provisions of state and federal laws and regulations and this
7 Agreement; and
8 7) Whether all activities associated with the Program are in compliance with
9 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
10 Guidance, and any subsequent guidance issued by TREASURY.
11 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
12 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
13 by the COUNTY or its designees, and the TREASURY, for five (5) years following termination of this
14 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
15 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
16 to promptly reimburse the COUNTY for such payments upon request.
17 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
18 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
19 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
20 requirements.
21 21. NOTICES The persons and their addresses having authority to give and receive notices
22 under this Agreement include the following:
23 COUNTY SUBRECIPIENT
COUNTY OF FRESNO Habitat for Humanity Fresno Inc.
24 ARPA- SLFRF Coordinator 4991 E. McKinley Avenue
2281 Tulare Street, Room 304 Fresno, CA 93727
25 Fresno, CA 93721 Attn: Ashley Hedemann, CEO
26 Habitat for Humanity Fresno, Inc.
27 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
28 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
22
1 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
2 personal service is effective upon service to the recipient. A notice delivered by first-class United States
3 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
4 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
5 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
6 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
7 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
8 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
9 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
10 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
11 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
12 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
13 beginning with section 810).
14 22. GOVERNING LAW
15 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
16 California.
17 The rights and obligations of the parties and all interpretation and performance of this Agreement
18 shall be governed in all respects by the laws of the State of California.
19 23. ADVICE OF ATTORNEY
20 Each party warrants and represents that in executing this Agreement, it has received
21 independent legal advice from its attorneys, or the opportunity to seek such advice.
22 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
23 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
24 or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status
25 to operate as a corporation.
26 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing transactions
27 that they are a party to while SUBRECIPIENT is providing goods or performing services under this
28 agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party
23
1 and in which one or more of its directors has a material financial interest. Members of the Board of
2 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
3 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and incorporated herein by
4 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
5 immediately thereafter.
6 25. ELECTRONIC SIGNATURES
7 The parties agree that this Agreement may be executed by electronic signature as provided in
8 this section. An "electronic signature" means any symbol or process intended by an individual signing
9 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
10 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
11 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
12 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
13 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
14 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
15 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
16 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
17 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
18 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
19 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
20 conditioned upon the parties conducting the transactions under it by electronic means and either party
21 may sign this Agreement with an original handwritten signature.
22 ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
23 SUBRECIPIENT and COUNTY with respect to the subject matter hereof, and supersedes all previous
24 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
25 understanding of any nature whatsoever unless expressly included in this Agreement. Notwithstanding this
26 provision, any additional requirements and/or guidelines set forth by the TREASURY regarding the uses
27 and reporting requirements for ARPA SLFRF after the execution of this Agreement shall be understood to
28 be integrated into this Agreement, and binding on the parties.
24
1. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3 SUBRECI I NT CO TY F FRESNO
4 _ �,,�.
5 Steve Jones, Pre dent of the Board Brian Pacheco, Chairman of the Board of
of Directors of Habitat for Humanity Supervisors of the County of Fresno
6 Fresno, Inc.
7 -- _
8 Ashley He emann,
Chief Executive Officer
g Habitat for Humanity Fresno, Inc.
10
ATTEST:
11 Mailinq Address: Bernice E. Seidel
__-Habitat forHumani Fresno,Inc:
ty Clerk of-the Boardof5upennsors �^___ _.__�__ ..
12 4991 E. McKinley Avenue County of Fresno, State of California
Fresno, CA 93727
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
25
1 Exhibit A
2 Program Description
3 SUBRECIPIENT represents that it is facilitating the process to build seven-affordable homes, each
4 approximately 1,400 square-feet in size, in an existing multi-family subdivision located at the northeast corner
5 of State Route 33/Dos Palos Road and San Joaquin Avenue in the City of Firebaugh, a Disadvantaged
6 Community located in a census tract that has a reported average median household income of$41,199.
7 SUBRECIPIENT targets, through its self-help program, rural families that meet the eligibility
8 requirements of the Home Investment Partnerships Program (HOME), which restricts the eligibility of
9 potential buyers to those who are at or below eighty percent(80%) of the AMI for Fresno County, as reported
10 by HUD, and who have a willingness to invest volunteer hours of labor to construct their own future home.
11 SUBRECIPIENT represents that SLFRF provided under this Agreement will assist with unanticipated
12 construction costs of$790,000, which costs shall include administrative fees, engineering fees, legal fees,
13 permitting costs, environmental review costs, and construction costs, as shown on Table 1-1 of Exhibit B,
14 to construct the seven-affordable homes in Firebaugh. Construction of the affordable homes will improve
15 access to stable, affordable housing, including the supply of high-quality living units, and will increase
16 long-term housing security and support durable and sustainable homeownership for low and moderate-
17 income working families in the County.
18
19
20
21
22
23
24
25
26
27
28
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, SUBRECIPIENT may make written
5 drawdown requests to a maximum of$395,000, equivalent to one-half of the Program's total budget
6 ($790,000), to cover eligible expenditures in support of the Program. Drawdown requests shall be made
7 on a quarterly basis (every 90 days) thereafter. Drawdown requests for the COUNTY to make a such
8 payment shall be in accordance with the sample Drawdown Request Form, attached as Exhibit B.
9 SUBRECIPIENT may make drawdown requests, which shall include copies of purchase orders,
10 receipts, and reimbursement requests, detailing items purchased, and expenses incurred or anticipated
11 to be incurred pursuant to Section 13(A) of this Agreement. Eligible expenditures under this Agreement
12 include the costs listed on Table 1-1, Expenditure Plan.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
27
1 Exhibit B (continued)
2 Table 1-1, Expenditure Plan
3 LINE ITEMS COVEREDPROJECTED
PROJECT
4 COSTS
Administrative Title Service Fees $48,500*
5 Horizontal - Soft Costs
6 Planning (BDY/Topo/Survey/TTM) $16,500*
Environmental Assessment $25,000*
7 Civil Engineering Plans, Maps, Improvement Plans $16,500*
8 Legal $5,500*
Geotechnical &Soils Study $20,000*
9 Impact $165,000
10 Regional Transportation Mitigation Fee (RTMF) I $14,000
School $42,000
11 Horizontal Permits $3,300
12 Development Consultants (Argus Land Co) $23,400*
Utilities Consultant $9,000*
13 Horizontal - Hard Costs
Clearing, Maintenance, Demo $3,300
14 Grading/Staking $31,000
15 Electric $11,000
Streets $42,000
16 Walls/Fencing/Repairs (Subdivision, Retaining Walls) I $14,500
17 SWPPP Work $2,400
Vertical - Indirect Construction
18 Site Plan/ Engineering/Architecture $36,750
19 Building Plan Check $8,400
Building Permits $10,500
20 MWELO Plans/Permits $7,000
21 Escrow Fees (Sale to Family) $24,500
Performance/Payment Bonds I $38,101
22 Miscellaneous Vertical Soft Costs $1,750
Vertical - Direct Construction
23 Rough Plumbing $42,000
24 Foundation I $84,000
25 Project Contingency Line Item' $44,099
26 Fresno County APRA Grant- Uses During Build $790,000
27 *Line items to be disbursed the first30 days$164,400
28
28
1 Exhibit B (continued)
2 Drawdown Request Form
3 Date:
4
County of Fresno
5 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
6 Fresno, CA 93721
7 Subject: Drawdown Request for
8 Subrecipient Program Subrecipient Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting drawdown payment of$ 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
18
19
20
21
22 Sincerely,
23
24 [Subrecipient Officer]
25 [Subrecipient Name]
26 Enclosure(s)
27
28
29
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: 2 Negative Economic Impacts
8 Total Award: $790,000 Remaining Balance:
9
EXPENDITURES
10 Category Cumulative Cumulative Current Current
11 ExpendituresObligations Period Period
. . . Obligations
12 2 Expenditure Category: Negative Economic Impacts
13 2.15 Long-term Housing
Security: Affordable
14 Housing
15
TOTAL
16
17 Describe program achievements and upcoming milestones:
18
19 PROJECT STATUS
20
Quarterly Status Report, select one.
21 Not started
completed less than 50 percent
22 completed more than 50 percent
23 Completed
24
AUTHORIZED SIGNATURE
25
26
27
28 Prepared by: (print name) Date
30
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 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 1 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.treasury.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
31
1 Exhibit E
2 Self-Dealing Transaction Disclosure Form
3
4
5
6
7
8
9
10
11
12
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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 2. Period of Performance. The period of performance for this award begins on the date hereof and
12 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
13 award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
14 December 31, 2024.
15 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
16 they relate to this award.
17 4. Maintenance of and Access to Records.
18 a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
19 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
20 Treasury regarding the foregoing.
21 b) The Treasury Office of Inspector General and the Government Accountability Office, or their
22 authorized representatives, shall have the right of access to records (electronic and otherwise) of
23 Subrecipient in order to conduct audits or other investigations.
24 c) Records shall be maintained by Subrecipient for a period of five (5) years after all funds have been
25 expended or returned to Treasury, whichever is later.
26 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
27 from this award.
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1 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct
2 and indirect costs as specified in the Scope of Work.
3 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
4 8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest
5 policy consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each
6 activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the
7 pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
8 accordance with 2 C.F.R. § 200.112.
9 9. Compliance with Applicable Law and Regulations.
10 a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted
11 by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the
12 foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations,
13 and executive orders, and Subrecipient shall provide for such compliance by other parties in any
14 agreements it enters into with other parties relating to this award.
15 b) Federal regulations applicable to this award include, without limitation, the following:
16 i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
17 Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
18 inapplicable to this Award and subject to such exceptions as may be otherwise provided by
19 Treasury. Subpart F -Audit Requirements of the Uniform Guidance, implementing the
20 Single Audit Act, shall apply to this award.
21 ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant
22 to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
23 by reference.
24 iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
25 to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
26 by reference.
27 iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
28 (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
36
1 condition in all lower tier covered transactions (contracts and subcontracts described in 2
2 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
3 implementing regulation at 31 C.F.R. Part 19.
4 V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth
5 in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
6 vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
7 vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
8 viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
9 ix. U.S.C. §§4601-4655) and implementing regulations.
10 X. Generally applicable federal environmental laws and regulations.
11 c) Statutes and regulations prohibiting discrimination applicable to this award include, without
12 limitation, the following:
13 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
14 ii. implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
15 race, color, or national origin under programs or activities receiving federal financial
16 assistance;
17 iii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
18 which prohibits discrimination in housing on the basis of race, color,
19 iv. religion, national origin, sex, familial status, or disability;
20 V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
21 prohibits discrimination on the basis of disability under any program or activity receiving
22 federal financial assistance;
23 vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
24 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
25 the basis of age in programs or activities receiving federal financial assistance; and
26 vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
27 seq.), which prohibits discrimination on the basis of disability under programs, activities, and
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1 services provided or made available by state and local governments or instrumentalities or
2 agencies thereto.
3 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
4 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
5 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
6 award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
7 violation of section 602 (c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
8 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
9 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
10 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5
11 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
12 employees whose principal employment is in connection with an activity financed in whole or in part by this
13 federal assistance.
14 12. False Statements. Subrecipient understands that making false statements or claims in connection
15 with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
16 including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
17 or contracts, and/or any other remedy available by law.
18 13. Publications. Any publications produced with funds from this award must display the following
19 language: "This project[is being] [was] supported, in whole or in part, by federal award number SLFRP
20 3678 awarded to County of Fresno by the U.S. Department of the Treasury."
21 14. Debts Owed the Federal Government.
22 a) Any funds paid to Subrecipient(1) in excess of the amount to which Subrecipient is finally
23 determined to be authorized to retain under the terms of this award; (2) that are determined by the
24 Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury
25 to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and
26 have not been repaid by Subrecipient shall constitute a debt to the federal government.
27 b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
28 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
38
1 payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
2 or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
3 actions available to it to collect such a debt.
4 15. Disclaimer.
5 a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
6 persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
7 damages, or any other losses resulting in any way from the performance of this award or any
8 contract, or subcontract under this award.
9 b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
10 between the United States and Subrecipient.
11 16. Protections for Whistleblowers.
12 a) In accordance with 41 U.S.C. §4712, Subrecipient may not discharge, demote, or otherwise
13 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
14 provided below, information that the employee reasonably believes is evidence of gross
15 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
16 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
17 a violation of law, rule, or regulation related to a federal contract (including the competition for or
18 negotiation of a contract) or grant.
19 b) The list of persons and entities referenced in the paragraph above includes the following:
20 i. A member of Congress or a representative of a committee of Congress;
21 ii. An Inspector General;
22 iii. The Government Accountability Office;
23 iv. A Treasury employee responsible for contract or grant oversight or management;
24 V. An authorized official of the Department of Justice or other law enforcement agency;
25 vi. A court or grand jury; or
26 vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
27 has the responsibility to investigate, discover, or address misconduct.
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1 c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
2 section, in the predominant native language of the workforce.
3 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217
4 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
5 policies and programs for their employees when operating company-owned, rented or personally owned
6 vehicles.
7 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6,
8 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
9 policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
10 to decrease accidents caused by distracted drivers.
11
12 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
13 ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
14
15 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
16 Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
17 grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of
18 Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
19 and other arrangements with the intention of providing assistance. Federal financial assistance does not
20 encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
21 the Federal government at market value, or programs that provide direct benefits.
22 The assurances apply to all federal financial assistance from, or funds made available through the
23 Department of the Treasury, including any assistance that the Subrecipient may request in the future.
24 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
25 the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
26 Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
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1 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
2 as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
3 discrimination under programs and activities receiving federal financial assistance, of any person in
4 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
5 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
6 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
7 memoranda, and/or guidance documents.
8 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
9 with Limited English Proficiency," seeks to improve access to federally assisted programs and
10 activities for individuals who, because of national origin, have Limited English proficiency (LEP).
11 Subrecipient understands that denying a person access to its programs, services, and activities
12 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
13 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly,
14 Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
15 directives, to ensure that LEP persons have meaningful access to its programs, services, and
16 activities. Subrecipient understands and agrees that meaningful access may entail providing
17 language assistance services, including oral interpretation and written translation where necessary,
18 to ensure effective communication in the Subrecipient's programs, services, and activities.
19 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
20 develops applicable budgets and conducts programs, services, and activities. As a resource, the
21 Department of the Treasury has published its LEP guidance at 70 FIR 6067. For more information
22 on taking reasonable steps to provide meaningful access for LEP persons, please visit
23 http://www.lep.gov.
24 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
25 of continued receipt of federal financial assistance and is binding upon Subrecipient and
26 Subrecipient's successors, transferees, and assignees for the period in which such assistance is
27 provided.
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1 5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
2 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
3 agrees to incorporate the following language in every contract or agreement subject to Title VI and
4 its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
5 subcontractors, successors, transferees, and assignees:
6 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
7 comply with Title VI of the Civil Rights Act of 1964, which prohibits subrecipients of federal
8 financial assistance from excluding from a program or activity, denying benefits of, or
9 otherwise discriminating against a person on the basis of race, color, or national origin (42
10 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title VI
11 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
12 this contract(or agreement). Title VI also includes protection to persons with "Limited
13 English Proficiency"in any program or activity receiving federal financial assistance, 42
14 U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title VI
15 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
16 contract or agreement.
17 6. Subrecipient understands and agrees that if any real property or structure is provided or improved
18 with the aid of federal financial assistance by the Department of the Treasury, this assurance
19 obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
20 during which the real property or structure is used for a purpose for which the federal financial
21 assistance is extended or for another purpose involving the provision of similar services or benefits.
22 If any personal property is provided, this assurance obligates the Subrecipient for the period during
23 which it retains ownership or possession of the property.
24 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
25 of the Treasury of the aforementioned obligations. Enforcement may include investigation,
26 arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
27 these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
28 and reporting requirements.
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1 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
2 complaints of discrimination on the grounds of race, color, or national origin, and limited English
3 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
4 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
5 completed, including outcome. Subrecipient also must inform the Department of the Treasury if
6 Subrecipient has received no complaints under Title VI.
7 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
8 compliance of Title VI and efforts to address the non-compliance, including any voluntary
9 compliance or other agreements between the Subrecipient and the administrative agency that
10 made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
11 Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
12 of any court or administrative agency finding of discrimination, please so state.
13 10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
14 responsible for ensuring that sub-recipients also comply with Title VI and other applicable
15 authorities covered in this document. State agencies that make sub-awards must have in place
16 standard grant assurances and review procedures to demonstrate that they are effectively
17 monitoring the civil rights compliance of subrecipients.
18
19 The United States of America has the right to seek judicial enforcement of the terms of this assurances
20 document, and nothing in this document alters or limits the federal enforcement measures that the United
21 States may take in order to address violations of this document or applicable federal law.
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