HomeMy WebLinkAboutAgreement A-22-535 with Easter Seals Central California.pdf Agreement No. 22-535
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT
3 THIS AGREEMENT ("Agreement") is made and entered into this 29th day of November
4 2022 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
5 California ("COUNTY'), and Easter Seals Central California, a California nonprofit 501(c)(3) corporation,
6 whose address is 2547 W. Shaw Avenue, Suite 113 Fresno, CA 93711 ("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 SUBRECIPIENT represents that it is a nonprofit organization that provides
23 innovative services, early intervention, education, outreach, and advocacy for children, youth, and adults
24 living with autism spectrum disorder(ASD) and other disabilities, or other special needs, so they may
25 actively live, learn, work and play in the community; and
26 WHEREAS, SUBRECIPIENT represents that for over 40 years, it has served thousands of
27 patients in Fresno County and their families with critical services consisting of traumatic brain injury
28 epilepsy group therapy, early intervention services for toddlers as young as 18 months old, family
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1 navigation and advocacy support, and behavior therapy, with a team consisting of early childhood
2 specialists and intervention assistants, behavior therapists, speech therapists, and educational aids,
3 who provide routine-based interventions, consultations, referring families to wrap-around services, and
4 advocacy for patients living with ASD or other disabilities; and
5 WHEREAS, the SUBRECIPIENT represents that it helps hundreds of families that face the daily
6 struggles of living with a child or caring for a person with ASD or a developmental or intellectual
7 disability, that over 86% of its patients live in poverty, are single-income households, are primarily
8 Hispanic, Black or Southeast Asian, and reside in areas in Fresno County that are identified in qualified
9 census tracts (QCTs), which are locations negatively impacted by the pandemic; and
10 WHEREAS, the SUBRECIPIENT represents that its services have been negatively impacted by
11 the COVID-19 pandemic due to required closures to comply with the emergency public health orders to
12 contain the spread of COVID-19, including but not limited to decreased revenue as a result of in-person
13 appointment cancellations, reduced staffing levels due to sickness/COVID-19 leave time, less billable
14 hours while staff responsibility has increased to meet their patients' shifting demand for wrap-around
15 care and supporting resources; and
16 WHEREAS, the SUBRECIPIENT represents that it has exhausted its operational reserves in its
17 efforts to continue providing services through the course of the pandemic to address its patients' needs
18 in different areas, including, but not limited to education, technology, financial and health literacy, and
19 physical and mental health services which are services that are not billable or reimbursable by health
20 insurance. Additionally, SUBRECIPIENT represents that traditional revenue streams for billable
21 programs to assist patients have diminished or have been paused altogether; and
22 WHEREAS, the Final Rule presumes that nonprofit organizations that serve impacted populations,
23 low and moderate-income households, including programs and services that benefit areas in QTCs have
24 also experienced negative economic impacts from the pandemic; and
25 WHEREAS, the Final Rule emphasized that disruptions to early care and learning services had a
26 broad impact and likely resulted in negative impacts for young children and their parents, and as such,
27 childcare and early learning services are generally responsive to the negative economic impacts of the
28 pandemic in all communities, not just in disproportionately impacted communities. These eligible uses can
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1 include new or expanded services, increasing access to services, efforts to bolster, support, or preserve
2 existing providers and services, and similar activities; and
3 WHEREAS, the Final Rule maintains an enumerated eligible use of SLFRF for behavioral health
4 challenges exacerbated by the public health emergency. Eligible uses of funds may include acute and
5 chronic care, such as prevention, outpatient treatment, outreach to individuals not engaged in treatment,
6 and services typically billable to insurance, or services not typically billable to insurance;
7 WHEREAS, the SUBRECIPIENT represents that SLFRF provided under this Agreement will
8 address the negative economic impacts of the pandemic on early care and learning services, and to
9 respond to behavioral health challenges exacerbated by the public health emergency, including services
10 for patients living with ASD or other disabilities, and will help bolster, support and preserve the
11 SUBRECIPIENT's services by providing SLFRF to help fund operational expenses to resume maximum
12 patient caseload, augment staff training, personnel salaries and benefits, and community outreach
13 expenditures for two calendar years, which will benefit patients and their families who need early learning
14 services, therapies, consultations, wrap-around services which were impacted by the pandemic (Program);
15 and
16 WHEREAS, SUBRECIPIENT represents that SLFRF will ensure that it can recover from the
17 negative economic impacts created by the pandemic, will prepare staff to fully resume maximum patient
18 care, and will allow SUBRECIPIENT to continue delivering essential services for patients with ASD and
19 other disabilities; and
20 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement is intended to
21 support a strong and equitable recovery from the COVID-19 pandemic and economic downturn by
22 providing funding assistance to the SUBRECIPIENT, which provides early care and learning services that
23 benefit patients and their families in Fresno County that have been impacted by the pandemic; and
24 WHEREAS, under Section 602(c)(3) of the ARPA, the COUNTY may transfer SLFRF to nonprofit
25 organizations for Eligible Uses, in particular those nonprofit organizations that serve individuals and
26 families that have been impacted by the pandemic, for the purpose of meeting ARPA's goals; and
27 WHEREAS, COUNTY has determined that the Program to be provided by SUBRECIPIENT is an
28 Eligible Use of SLFRF under the ARPA, in reliance on information provided by SUBRECIPIENT; and
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1 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the
2 COUNTY may provide SLFRF to the SUBRECIPIENT for appropriate and qualifying expenditures, as
3 permitted under the Interim Final Rule and Final Rule.
4 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
5 contained, the parties hereto agree as follows:
6 1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
7 A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
8 Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are true and
9 correct, and that COUNTY may rely upon each of those representations in granting the SLFRF to
10 SUBRECIPIENT under this Agreement.
11 B. SUBRECIPIENT acknowledges that the SLFRF granted under this Agreement are
12 a subaward of SLFRF to carry out the Program.
13 C. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this
14 award may only be spent on Eligible Uses in compliance with the ARPA, the United States Department
15 of the Treasury ("TREASURY") regulations implementing section 602 of the ARPA, and guidance issued
16 by the TREASURY regarding the foregoing.
17 D. SUBRECIPIENT represents that it intends to use SLFRF to address the negative
18 economic impacts of the pandemic on early care and learning services, services for patients living with
19 ASD or other disabilities, and will help bolster, support and preserve the SUBRECIPIENT's services.
20 SLFRF provided under this Agreement will help fund operational expenses to resume maximum patient
21 caseload, augment staff training, personnel salaries and benefits, and community outreach expenditures
22 for two calendar years (2022,2023, and 2024), as shown on Table 1-1 of Exhibit B, attached and
23 incorporated by this reference.
24 E. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program
25 by furnishing to the COUNTY information described in Exhibit A, Program Description, which is attached
26 and incorporated by this reference.
27 F. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible
28 to ensure that SLFRF granted under this Agreement are spent in compliance with all ordinances of the
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1 County of Fresno, and laws of the State of California, and all laws of the Federal government. This
2 includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative
3 Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, the
4 TREASURY's Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds
5 ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus State and Local
6 Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for expenditures before April 1, 2022)
7 and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or later), and any subsequent updates,
8 including TREASURY's Frequently Asked Questions. The award terms and conditions required by the
9 TREASURY are set forth in Exhibit F, which is attached and incorporated by this reference, as provided
10 by the TREASURY. Notwithstanding anything provided in Section 8 of this Agreement, or in this
11 Subsection 1(F), SUBRECIPIENT has the sole responsibility for compliance under this Section 1(F).
12 G. 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 H. 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 I. 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 J. 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 K. 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
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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,
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 nondiscrimination
4 and equal opportunity, including, without limitation, the COUNTY's nondiscrimination 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
28 COUNTY any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR§
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1 200.12. Further, no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any
2 gifts, service, favor, employment, engagement, remuneration, or economic opportunity which would tend to
3 improperly influence a reasonable person in that position to depart from the faithful and impartial discharge
4 of the duties of that 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 of established "indirect cost rates," as defined by
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1 the 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.
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5 7. OFFICE SPACE, SUPPLIES, EQUIPMENT, AND OPERATING OVERHEAD
6 A. SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference
7 materials, and telephone service necessary for SUBRECIPIENT to provide the services and operate the
8 Program identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay
9 SUBRECIPIENT for any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such
10 items. Responsibility for the costs and expenses incurred by SUBRECIPIENT in providing and maintaining
11 such items is the sole responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall
12 comply with the Uniform Cost Administrative Principles, and Audit Requirements for Federal Awards.
13 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY
14 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with
15 TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic
16 reports to TREASURY.
17 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY for
18 SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF program,
19 SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as applicable, and
20 reporting requirements, as applicable.
21 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
22 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
23 Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve
24 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
25 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to
26 TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
27 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.
28 9. PENALTIES
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1 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
2 described herein, may result in the TREASURY's recoupment of SLFRF from the COUNTY, and that in
3 such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
4 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
5 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY
6 may impose additional conditions, as described in 2 CFR §200.208. If the COUNTY determines that
7 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
8 of the following actions, as appropriate in the circumstances:
9 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
10 refund SLFRF upon demand by COUNTY.
11 B. Temporarily withhold cash payments pending correction of the deficiency by
12 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
13 C. Disallow (that is, deny both use of funds and any applicable matching credit for) all
14 or part of the cost of the activity or action not in compliance;
15 D. Wholly or partly suspend or terminate the SLFRF;
16 E. Recommend the TREASURY initiate suspension or debarment proceedings;
17 F. Withhold further SLFRF for the Program; and
18 G. Take other remedies that may be legally available.
19 10. FINANCIAL MANAGEMENT
20 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
21 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
22 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
23 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
24 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
25 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
26 accounts that correspond to each such authorized use provided further that such separate accounts are
27 subject to this Section 10(A), and are segregated and identified by a unique identifier. In no event shall
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1 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
2 or charge.
3 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
4 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
5 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
6 Uniform Guidance requirements apply or how they apply.
7 C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement
8 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
9 Eligible Uses of SLFRF, and shall document all funding decisions. Upon request by COUNTY, the
10 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to
11 the COUNTY.
12 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
13 recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than
14 $750,000 of Federal funds during that reporting period. If SUBRECIPIENT submits a letter stating it
15 expended less than $750,000 in Federal funds, SUBRECIPIENT shall provide a recent financial
16 statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial
17 accountability submissions shall be provided to County of Fresno, County Administrative Office at 2281
18 Tulare, Room 304, Fresno, CA 93721, or electronically to e-mail address
19 fresnocao(o)fresnocountyca.gov.
20 E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred,
21 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
22 transaction by any federal department or agency. This certification is made pursuant to the regulations
23 implemented by 2 CFR Part 200, Subpart 200.214, Debarment and Suspension, and any relevant
24 program-specific regulations. This provision shall be required of every subcontractor receiving any
25 payment in whole or in part from Federal funds.
26 F. SUBRECIPIENT shall record all costs of the Program by budget line items, which
27 shall be supported by adequate source documentation, including payroll ledgers, time records, invoices,
28 contracts, vouchers, orders, and other accounting documents evidencing in proper detail the nature and
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1 propriety of all costs. At any time during normal business hours, SUBRECIPIENT's financial transactions
2 with respect to the Program may be audited by the COUNTY or independent auditors contracted by the
3 COUNTY, or any combination thereof. The representatives of the auditing agency or agencies shall
4 have access to all books, documents, accounts, records, reports, files, papers, things, property,
5 contractors of program services, and other persons pertaining to such financial transactions and
6 necessary to facilitate the audit.
7 G. Copies, excerpts, or transcripts of all of the books, documents, papers, and
8 records, including invoices, payroll registers, time records, contracts, and accounting documents
9 concerning matters that are reasonably related to the Program shall be provided upon request to the
10 COUNTY.
11 H. Expenditures eligible for reimbursement from the SLFRF are described in Exhibit
12 B, which is attached and incorporated by this reference. SUBRECIPIENT shall not make any changes in
13 the line-item expenditures in Exhibit B without prior written approval of the COUNTY.
14 I. No cash reimbursement for purchases of any kind is allowable.
15 11. TERM
16 The term of this Agreement shall comply with ARPA Guidelines, and shall commence on the
17 Effective Date until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program
18 Report under section 3(C) of this Agreement, unless sooner terminated as provided herein.
19 Notwithstanding timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to
20 cover costs incurred during the time period set forth by the TREASURY. The COUNTY's written
21 acceptance of the Final Program Report under Section 3(C) of this Agreement shall include the COUNTY's
22 written notification to the SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The
23 County Administrative Officer or his or her designee is authorized to execute this written acceptance of the
24 Final Program Report and notification of term end to SUBRECIPIENT.
25 12. TERMINATION
26 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
27 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
28 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
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1 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty (30)
2 days advance written notice.
3 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
4 Agreement in whole or in part, where in the determination of the COUNTY there is:
5 1) An illegal or improper use of funds;
6 2) A failure to comply with any term of this Agreement;
7 3) A substantially incorrect or incomplete report submitted to the COUNTY;
8 4) Improperly performed service.
9 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
10 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
11 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
12 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
13 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
14 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
15 shall promptly refund any such SLFRF upon demand.
16 C. Without Cause: Under circumstances other than those set forth above, this
17 Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention
18 to terminate to SUBRECIPIENT.
19 13. GRANT FUNDING/COMPENSATION
20 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
21 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to grant
22 SUBRECIPIENT, and SUBRECIPIENT agrees to receive such grants, up to the total SLFRF grant, in an
23 amount not to exceed two hundred thousand dollars ($200,000).
24 It is expressly agreed and understood that the total amount of SLFRF to be granted by COUNTY to
25 SUBRECIPIENT for the Program shall not exceed two hundred thousand dollars ($200,000), which will
26 provide funding assistance to address the negative economic impacts of the pandemic on early care and
27 learning services, and services for patients living with ASD or other disabilities, and will help bolster,
28 support and preserve the services provided by SUBRECIPIENT. The provision of SLFRF for the Program
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1 will fund operational expenses to resume maximum patient caseload, augment staff training, personnel
2 salaries and benefits, and community outreach expenditures for two calendar years (consisting of 2022,
3 2023, and 2024), which will benefit patients and their families who need early learning services, therapies,
4 consultations, or referral to supporting and wrap-around services. SUBRECIPIENT shall track number of
5 patients and their families benefiting from SUBRECIPIENT's services, hours of services delivered, number
6 of additional rereferrals made, number of new intakes, report on type and number of employee trainings in
7 its quarterly and annual reporting to the COUNTY through the course of the Program term, including any
8 aggregate data to show measurable accomplishments of the Program.
9 SUBRECIPIENT shall submit written drawdown requests for the payment of eligible necessary
10 expenses in support of the Program. Drawdown requests for the COUNTY to make a such payment shall
11 be in accordance with the sample Drawdown Request Form, attached as Exhibit B, and incorporated by
12 this reference. Drawdowns requests shall detail purchase orders, receipts, and reimbursement requests,
13 detailing items purchased, and expenses incurred or anticipated to be incurred in support of the Program
14 for items listed in Table 1-1 of Exhibit B of this Agreement.
15 In the first thirty (30) days following the Effective Date of this Agreement, SUBRECIPIENT may
16 make one (1) drawdown request to a maximum of forty thousand dollars ($40,000), equivalent to twenty
17 percent (20%)of the Program's total budgeted amount ($200,000), to cover eligible expenditures in
18 support of the Program. The first drawdown request from SUBRECIPIENT to the COUNTY shall also be
19 accompanied by a written certification from the SUBRECIPIENT that the drawdown request for payment is
20 consistent with the amount of work scheduled to be performed or materials to be purchased with the
21 amount of funding being requested from the COUNTY, and that said drawdown request is in accordance
22 with the Program, Table 1-1 of Exhibit B of this Agreement. After appropriate review and inspection of the
23 first drawdown request, the COUNTY shall make the first payment available to SUBRECIPIENT in a timely
24 manner. After the first drawdown request, SUBRECIPIENT may make additional subsequent drawdown
25 requests to the COUNTY on quarterly basis (every 90 days)for eligible expenditures to be funded with the
26 remaining balance of the Program's budget, in accordance with this Agreement.
27 SUBRECIPIENT must work to minimize the time between the request from the COUNTY and the
28 disbursement of funds to meet the Program needs. SUBRECIPIENT is responsible for monitoring the
15
1 Program's cash flow needs and submitting reimbursement requests to COUNTY in a timely manner to
2 assure adequate coverage of Program needs. It is understood that all expenses incidental to
3 SUBRECIPIENT's performance of services in carrying out its Program under this Agreement shall be
4 borne by SUBRECIPIENT.
5 SUBRECIPIENT shall submit documentation to the County of Fresno, County Administrative Office
6 located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail address
7 fresnocao@fresnocountyca.gov. Payment by COUNTY shall be in arrears for services provided during
8 the preceding period of time, within forty-five (45) days from date of receipt, verification and approval of
9 SUBRECIPIENT's invoice and supporting documentation by COUNTY. If SUBRECIPIENT fails to comply
10 with any provision of this Agreement, COUNTY shall be relieved of its obligations for further compensation.
11 B. To ensure compliance with Federal and State regulations, COUNTY may require
12 additional supporting documentation or clarification of claimed expenses as follows:
13 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
14 documentation or clarification.
15 ii. SUBRECIPIENT shall respond within five (5) business days with required
16 additional documentation or clarification to avoid disallowances/partial payment of invoice.
17 iii. All invoices containing expenses that need additional documentation or
18 clarification not provided to COUNTY within five (5) business days of request shall have those expenses
19 disallowed, and only the allowed expenses shall be paid.
20 iv. SUBRECIPIENT may resubmit disallowed expenses as a supplemental invoice
21 only, and must be accompanied by required documentation.
22 C. All expenses incidental to SUBRECIPIENT'S performance of services in carrying out
23 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
24 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
25 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
26 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
27 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
28 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT. County
16
1 has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
2 14. INDEPENDENT CONTRACTOR
3 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
4 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
5 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
6 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
7 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
8 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
9 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
10 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
11 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
12 regulations, if any, of governmental authorities having jurisdiction over all matters subject thereto.
13 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right
14 to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable
15 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
16 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
17 to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all
18 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
19 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
20 15. MODIFICATION
21 Any matters of this Agreement may be modified from time to time by the written consent of all the
22 parties without, in any way, affecting the remainder.
23 16. NON-ASSIGNMENT
24 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
25 this Agreement without the prior written consent of the other party.
26 17. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at
27 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs
28 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
17
1 losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by
2 SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs
3 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
4 losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
5 performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this
6 Agreement. SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
7 TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this
8 Agreement.
9 The provisions of this Section 17 shall survive the termination or expiration of this Agreement.
10 18. INSURANCE
11 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
12 parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
13 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
14 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
15 A. Commercial General Liability
16 Commercial General Liability Insurance with limits of not less than Two Million Dollars
17 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
18 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
19 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
20 liability or any other liability insurance deemed necessary because of the nature of this contract.
21 B. Automobile Liability
22 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
23 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
24 used in connection with this Agreement.
25 C. Professional Liability
26 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
27 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
28 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
18
1 SUBRECIPIENT agrees that it shall maintain, at its sole expense, in full force and effect for a period of
2 three (3) years following the termination of this Agreement, one or more policies of professional liability
3 insurance with limits of coverage as specified herein.
4 D. Worker's Compensation
5 A policy of Worker's Compensation insurance as may be required by the Labor Code.
6 Additional Requirements Relating to Insurance
7 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming
8 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
9 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
10 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
11 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
12 provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without
13 a minimum of thirty (30) days advance written notice given to COUNTY.
14 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
15 employees any amounts paid by the policy of worker's compensation insurance required by this
16 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
17 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under
18 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
19 Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement,
20 SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the
21 foregoing policies, as required herein, to the County of Fresno, County Administrative Office, Attention:
22 ARPA—SLFRF Coordinator, 2281 Tulare Street, Room 304, Fresno, CA 93721, stating that such
23 insurance coverages have been obtained and are in full force; that the County of Fresno, its officers, agents
24 and employees will not be responsible for any premiums on the policies; that for such worker's
25 compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its officers,
26 agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate
27 the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its
28 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the
19
1 operations under this Agreement are concerned; that such coverage for additional insured shall apply as
2 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents
3 and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's
4 policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)
5 days advance, written notice given to COUNTY.
6 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
7 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
8 Agreement upon the occurrence of such event.
9 All policies shall be issued by admitted insurers licensed to do business in the State of California,
10 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
11 FSC VI or better.
12 19. RECORDKEEPING AND CONFIDENTIALITY
13 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
14 must maintain records and financial documents for five (5)years after all SLFRF have been expended or
15 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
16 TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is
17 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
18 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
19 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
20 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
21 disclosure pursuant to the California Consumer Privacy Act (CCPA) to ensure against a breach of
22 security of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have
23 established written policies and procedures that align with CCPA, and shall follow such procedures.
24 Upon request, SUBRECIPIENT shall make available to COUNTY staff such written policies and
25 procedures, and shall be monitored for compliance.
26 20. AUDITS AND INSPECTIONS:
27 A. SUBRECIPIENT shall, at anytime during business hours, and as often as the
28 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
20
1 with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
2 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
3 SUBRECIPIENT'S compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
4 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
5 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
6 reviewing entity deems to be appropriate in order to determine:
7 1) Whether the objectives of the Program are being achieved;
8 2) Where the Program is being operated in an efficient and effective
9 manner;
10 3) Whether management control systems and internal procedures have
11 been established to meet the objectives of the Program;
12 4) Whether the financial operations of the Program are being conducted
13 properly;
14 5) Whether the periodic reports to the COUNTY contain accurate and
15 reliable information;
16 6) Whether all of the activities of the Program are conducted in compliance
17 with the provisions of state and federal laws and regulations and this
18 Agreement; and
19 7) Whether all activities associated with the Program are in compliance with
20 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
21 Guidance, and any subsequent guidance issued by TREASURY.
22 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
23 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
24 by the COUNTY or its designees, and the TREASURY, for five (5)years following termination of this
25 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
26 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
27 to promptly reimburse the COUNTY for such payments upon request.
28 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
21
1 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
2 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
3 requirements.
4 21. NOTICES The persons and their addresses having authority to give and receive notices
5 under this Agreement include the following:
6 COUNTY SUBRECIPIENT
7 COUNTY OF FRESNO Easter Seals Central California
ARPA- SLFRF Coordinator 2547 W. Shaw Avenue, Suite 113
8 2281 Tulare Street, Room 304 Fresno, CA 93711
Fresno, CA 93721 Attn: Anne Bourdeau,
9 Accounting Manager
10 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
11 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
12 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
13 personal service is effective upon service to the recipient. A notice delivered by first-class United States
14 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
15 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
16 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
17 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
18 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
19 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
20 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
21 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
22 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
23 including but not limited to the Government Claims Act(Division 3.6 of Title 1 of the Government Code,
24 beginning with section 810).
25 22. GOVERNING LAW
26 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
27 California.
28 The rights and obligations of the parties and all interpretation and performance of this Agreement
22
1 shall be governed in all respects by the laws of the State of California.
2 23. ADVICE OF ATTORNEY
3 Each party warrants and represents that in executing this Agreement, it has received
4 independent legal advice from its attorneys, or the opportunity to seek such advice.
5 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
6 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
7 or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status
8 to operate as a corporation.
9 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing transactions
10 that they are a party to while SUBRECIPIENT is providing goods or performing services under this
11 agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party
12 and in which one or more of its directors has a material financial interest. Members of the Board of
13 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
14 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated herein by
15 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
16 immediately thereafter.
17 25. ELECTRONIC SIGNATURES
18 The parties agree that this Agreement may be executed by electronic signature as provided in
19 this section. An "electronic signature" means any symbol or process intended by an individual signing
20 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
21 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
22 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
23 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
24 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
25 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
26 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
27 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
28 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
23
1 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
2 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
3 conditioned upon the parties conducting the transactions under it by electronic means and either party
4 may sign this Agreement with an original handwritten signature.
5 26. ENTIRE AGREEMENT:
6 This Agreement constitutes the entire agreement between the SUBRECIPIENT and COUNTY
7 with respect to the subject matter hereof, and supersedes all previous Agreement negotiations,
8 proposals, commitments, writings, advertisements, publications, and understanding of any nature
9 whatsoever unless expressly included in this Agreement. Notwithstanding this provision, any additional
10 requirements and/or guidelines set forth by the TREASURY regarding the uses and reporting
11 requirements for ARPA SLFRF after the execution of this Agreement shall be understood to be
12 integrated into this Agreement, and binding on the parties.
13 //
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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 Sy RECIPIENT COUNTY OF FRESNO
0j-
5 Erica Ybarra, Execu ve Director Brian Pacheco, Chairman of the Board of
6 Easter Seals Centra California Supervisors of the County of Fresno
7
8 ATTEST:
Mailing Address: Bernice E. Seidel
9 Easter Seals Central California Clerk of the Board of Supervisors
2547 W. Shaw Avenue, Suite 113 County of Fresno, State of California
10 Fresno, CA 93711
11
12
13 By: _
Deputy
14 FOR ACCOUNTING USE ONLY:
15 Fund: 0026
16 Subclass: 91021
17 ORG: 1033
18 Account:7845
19
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25
1 Exhibit A
2 Program Description
3 For over 40 years, SUBRECIPIENT represents that it has served thousands of patients in
4 Fresno County and their families with innovative services, early intervention, education, outreach, and
5 advocacy for children, youth, and adults living with autism spectrum disorder(ASD) and other disabilities, or
6 have special needs so they may actively live, learn, work and play in the community. SUBRECIPIENT
7 represents that over 86% of its patients live in poverty, are single-income households, are primarily
8 Hispanic, Black or Southeast Asian, and reside in areas in Fresno County that are identified in qualified
9 census tracts (QCTs) which are locations that have been negatively impacted by the pandemic. The
10 SUBRECIPIENT represents that it annually serves approximately 400 patients and their families with
11 critical services consisting of traumatic brain injury epilepsy group therapy, early intervention services for
12 toddlers as young as 18 months old, family navigation and advocacy support, and behavior therapy, with
13 a team consisting of early childhood specialists and intervention assistants, behavior therapists, speech
14 therapists, and educational aids, who provide routine-based interventions, consultations, and advocacy
15 for patients living with ASD or other disabilities.
16 SUBRECIPIENT represents that its services have been negatively impacted by the COVID-19
17 pandemic due to required closures to comply with the emergency public health orders to contain the
18 spread of COVID-19, including but not limited to decreased revenue as a result of in-person
19 appointment cancellations, reduced staffing levels due to sickness/COVI D-1 9 leave time, less billable
20 hours while staff responsibility has increased to meet their patients' shifting demand for wrap-around
21 care and supporting resources. SLFRF provided under this Agreement will address the negative
22 economic impacts of the pandemic on early care and learning services, and to respond to behavioral
23 health challenges exacerbated by the public health emergency, including services for patients living with
24 ASD or other disabilities. SLFRF will help bolster, support and preserve the SUBRECIPIENT's services
25 by providing SLFRF to help fund operational expenses to resume maximum patient caseload, augment
26 staff training, personnel salaries and benefits, and community outreach expenditures for two calendar
27 years, which will benefit patients and their families who need early learning services, therapies,
28 consultations, wrap-around services which were impacted by the pandemic.
26
1
2 Exhibit B
3 Subrecipient Expenditure Plan
4 SUBRECIPIENT shall provide to COUNTY drawdown requests for payments for eligible
5 expenses to complete the Program. In the first thirty (30) days following the Effective Date of this
6 Agreement, SUBRECIPIENT may make one (1) drawdown request to a maximum of forty thousand
7 dollars ($40,000), equivalent to twenty percent (20%) of the Program's total budgeted amount
8 ($200,000), to cover eligible expenditures in support of the Program. The first drawdown request from
9 SUBRECIPIENT to the COUNTY shall also be accompanied by a written certification from the
10 SUBRECIPIENT that the drawdown request for payment is consistent with the amount of work
11 scheduled to be performed or materials to be purchased with the amount of funding being requested
12 from the COUNTY. Drawdowns requests shall detail purchase orders, receipts, and reimbursement
13 requests, detailing items purchased, and expenses incurred or anticipated to be incurred in support of
14 the Program for items listed in Table 1-1 of Exhibit B of this Agreement.
15 Table 1-1, Expenditure Plan
16
Easterseals Central California
17 Disability Family Expanded Care, Referral and Wrap-around Services
Attachment C-Expenditure Plan(rev.9.-23-22)
18 FC ARPA FC ARPA
Annual Fresno
Year 1 Year 2 Easterseal
S
alary/ County Budget
Personnel Costs(5.5 FTE) Funding s&Other
1 g (10%of Sources ARPA Total
l cost Request
20 1 Early Intervention Director 1 FTE 65,400 26,160 6 540 32 700 32,700 65,400
1 Behavioral Clinical Director 1 FTE 84,000 33,600 8A00 42,000 42,000 84,000
21 4 Certified Home Visitation Therapists 3.5 FTE 67,500 27,000 6.750 33,750 33,750 67,500
Personnel Sub-Total 216,900 86,760 21,690 108,450 108,450 216,900
22 Fringe 15% 32,535 32,535
Total Personnel 140,985 249,435
23 FC ARPA FC ARPA Easterseal Fresno
Annual Year 1 Year 2 County Budget
Direct Costs Cost (30%of (20%of s&Other ARPA Total
24 total total Sources Re uest
Rent&Utilities 45,000 13,500 9.000 22,500 22,500 45,000
Outreach materials(printing,supplies) 12,000 3,600 2400 6,000 6,000 12,000
25 PPE&Cleaning/Health/Safety Cleaning/Heafth/Safety Supplies 4,000 1,200 800 2,000 2,000 4,000
Milea a 10,500 3,150 2.100 5,250 5,250 10,500
Tla-F Development Training(A Es,Diversily-
26 Equity-Inclusion,In-ltome Safety,Mental 10,000 3,000 5,000 5,000 10,000
Health,Domestic Violence) 2.000
27 Total Direct Costs 81,500 24,450 16,300 40,750 409750 81,500
Total Personnel 216,900 86,760 21,690 108,450 140,985 249,435
Total Operating 298,400 111,210 37,990 149,200 181,735 330,935
28 Indirect Costs @ 10%
(HR,Accting.Insirance,ITi 29,784 18,174 33,094
Grand Total 298,400 1 111,210 1 37,990 178,984 199,909 364,029
27
1
Exhibit B (continued)
2
3 Drawdown Request Form
4 Date:
5 County of Fresno
6 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
7 Fresno, CA 93721
8 Subject: Drawdown Request for
9 Subrecipient Program Subrecipient Name
10 In accordance with the executed Agreement for the above-referenced Program, the
11 [SUBRECIPIENT NAME] is requesting drawdown payment of$ in support of the
12 Program.
13 The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the
14 amount of work that has been completed to date, detailing items purchased, and expenses
15 incurred or anticipated to be incurred in support of the Program in accordance with the
16 Subrecipient Expenditure Plan (Exhibit B, Table 1-1) documented in the executed Agreement,
17 and as evidenced by the enclosed invoices and supporting documents.
18 Payee Invoice #/ Contract# Amount
19
20
21
22
23 Sincerely,
24
25 [Subrecipient Officer]
26 [Subrecipient Name]
27 Enclosure(s)
28
28
1
Exhibit C
2
3 PROGRAM
4 Tax Identification Number or Unique ID (TIN or Agreement Number:
SAM):
5 Name of Entity: Program Name:
6 Reporting Period State Date: Reporting Period End Date:
7 Expenditure Category: 1 Public Health
8 Total Award: $200,000 Remaining Balance:
9
10 EXPENDITURES
CategoryCumulative Current Current
11 • . . . . .
Obligationsto
'YA
to date ($) to date ($) Expenditures
12 1 Public Health, Other
13 1.14 Other Public Health
14 Services
15 TOTAL
16 Describe program achievements and upcoming milestones:
17
18
19 Quarterly Status Report, select one:
Not started
20 Completed less than 50 percent
Completed more than 50 percent
21 Completed
22 PROJECT STATUS
23
24
25 AUTHORIZED SIGNATURE
26
Signature Date
27 Prepared by
28 (Print name)
29
1
2
Exhibit D
3
Annual Performance Report
4
All SUBRECIPIENTs that receive State and Local Fiscal Recovery Funds (SLFRF) awards are
5
required to produce an Annual Report. The Annual Report provides information on the
6
SUBRECIPIENT's Program, and how it plans to ensure program outcomes are achieved in an
7
effective and equitable manner.
8
The initial Annual Report must cover the period from the date of award to the following June 30th and
9
10 must be submitted to the County within 15 calendar days after the end of the reporting period.
Thereafter, the Annual Report will cover a 12-month period and subrecipients will be required to
11
12 submit the report to the County within 15 calendar days after the end of the 12-month period (by July
13 15th).
14 Annual Period Covered Due Date
Rer)ort
15 1 Award — June 30 2023 July 15 2023
2 July 1 2023 — June 30 2024 July 15 2024
16 3 July 1, 2024 — June 30, 2025 July 15, 2025
17 4 July 1, 2025 — June 30, 2026 July 15, 2026
5 1 July 1, 2026 — December 31, 2026 1 January 15, 2027
18
19 Instructions:
20 SUBRECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
21 Responsibilities (Reporting Guidance) located at: https:Hhome.treasurV.gov/system/files/136/SLFRF-
22 Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
23
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1
2 Exhibit E
3 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
2 Exhibit F
3 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
4 AWARD TERMS AND CONDITIONS
5 1. Use of Funds.
6 a) Subrecipient understands and agrees that the funds disbursed under this award may only be used
7 in compliance with section 603(c)of the Social Security Act(the Act), Treasury's regulations
8 implementing that section, and guidance issued by Treasury regarding the foregoing.
9 b) Subrecipient will determine prior to engaging in any project using this assistance that it has the
10 institutional, managerial, and financial capability to ensure proper planning, management, and
11 completion of such project.
12
13 2. Period of Performance. The period of performance for this award begins on the date hereof and
14 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
15 award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
16 December 31, 2024.
17
18 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
19 they relate to this award.
20
21 4. Maintenance of and Access to Records.
22 a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
23 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
24 Treasury regarding the foregoing.
25 b) The Treasury Office of Inspector General and the Government Accountability Office, or their
26 authorized representatives, shall have the right of access to records (electronic and otherwise) of
27 Subrecipient in order to conduct audits or other investigations.
28
34
1 c) Records shall be maintained by Subrecipient for a period of five (5) years after all funds have been
2 expended or returned to Treasury, whichever is later.
3
4 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
5 from this award.
6
7 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct
8 and indirect costs as specified in the Scope of Work.
9
10 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
11
12 8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest
13 policy consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each
14 activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the
15 pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
16 accordance with 2 C.F.R. § 200.112.
17
18 9. Compliance with Applicable Law and Regulations.
19 a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted
20 by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the
21 foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations,
22 and executive orders, and Subrecipient shall provide for such compliance by other parties in any
23 agreements it enters into with other parties relating to this award.
24 b) Federal regulations applicable to this award include, without limitation, the following:
25 i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
26 Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
27 inapplicable to this Award and subject to such exceptions as may be otherwise provided by
28
35
1 Treasury. Subpart F -Audit Requirements of the Uniform Guidance, implementing the
2 Single Audit Act, shall apply to this award.
3 ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant
4 to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
5 by reference.
6 iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
7 to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
8 by reference.
9 iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
10 (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
11 condition in all lower tier covered transactions (contracts and subcontracts described in 2
12 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
13 implementing regulation at 31 C.F.R. Part 19.
14 V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth
15 in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
16 vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
17 vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
18 viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
19 ix. U.S.C. §§4601-4655) and implementing regulations.
20 X. Generally applicable federal environmental laws and regulations.
21 c) Statutes and regulations prohibiting discrimination applicable to this award include, without
22 limitation, the following:
23 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
24 ii. implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
25 race, color, or national origin under programs or activities receiving federal financial
26 assistance;
27 iii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
28 which prohibits discrimination in housing on the basis of race, color,
36
1 iv. religion, national origin, sex, familial status, or disability;
2 V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
3 prohibits discrimination on the basis of disability under any program or activity receiving
4 federal financial assistance;
5 vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
6 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
7 the basis of age in programs or activities receiving federal financial assistance; and
8 vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
9 seq.), which prohibits discrimination on the basis of disability under programs, activities, and
10 services provided or made available by state and local governments or instrumentalities or
11 agencies thereto.
12
13 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
14 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
15 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
16 award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
17 violation of section 602 (c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
18 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
19 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
20
21 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5
22 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
23 employees whose principal employment is in connection with an activity financed in whole or in part by this
24 federal assistance.
25
26 12. False Statements. Subrecipient understands that making false statements or claims in connection
27 with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
28
37
1 including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
2 or contracts, and/or any other remedy available by law.
3
4 13. Publications. Any publications produced with funds from this award must display the following
5 language: "This project[is being] [was] supported, in whole or in part, by federal award number SLFRP
6 3678 awarded to County of Fresno by the U.S. Department of the Treasury."
7
8 14. Debts Owed the Federal Government.
9 a) Any funds paid to Subrecipient(1) in excess of the amount to which Subrecipient is finally
10 determined to be authorized to retain under the terms of this award; (2) that are determined by the
11 Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury
12 to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and
13 have not been repaid by Subrecipient shall constitute a debt to the federal government.
14 b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
15 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
16 payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
17 or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
18 actions available to it to collect such a debt.
19
20 15. Disclaimer.
21 a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
22 persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
23 damages, or any other losses resulting in any way from the performance of this award or any
24 contract, or subcontract under this award.
25 b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
26 between the United States and Subrecipient.
27
28 16. Protections for Whistleblowers.
38
1 a) In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise
2 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
3 provided below, information that the employee reasonably believes is evidence of gross
4 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
5 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
6 a violation of law, rule, or regulation related to a federal contract (including the competition for or
7 negotiation of a contract) or grant.
8 b) The list of persons and entities referenced in the paragraph above includes the following:
9 i. A member of Congress or a representative of a committee of Congress;
10 ii. An Inspector General;
11 iii. The Government Accountability Office;
12 iv. A Treasury employee responsible for contract or grant oversight or management;
13 V. An authorized official of the Department of Justice or other law enforcement agency;
14 vi. A court or grand jury; or
15 vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
16 has the responsibility to investigate, discover, or address misconduct.
17 c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
18 section, in the predominant native language of the workforce.
19
20 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217
21 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
22 policies and programs for their employees when operating company-owned, rented or personally owned
23 vehicles.
24
25 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FIR 51225 (Oct. 6,
26 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
27 policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
28 to decrease accidents caused by distracted drivers.
39
1
2
3 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
4 ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
5
6 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
7 Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
8 grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of
9 Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
10 and other arrangements with the intention of providing assistance. Federal financial assistance does not
11 encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
12 the Federal government at market value, or programs that provide direct benefits.
13 The assurances apply to all federal financial assistance from, or funds made available through the
14 Department of the Treasury, including any assistance that the Subrecipient may request in the future.
15 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
16 the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
17 Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
18
19 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
20 as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
21 discrimination under programs and activities receiving federal financial assistance, of any person in
22 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
23 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
24 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
25 memoranda, and/or guidance documents.
26 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
27 with Limited English Proficiency," seeks to improve access to federally assisted programs and
28 activities for individuals who, because of national origin, have Limited English proficiency (LEP).
40
1 Subrecipient understands that denying a person access to its programs, services, and activities
2 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
3 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly,
4 Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
5 directives, to ensure that LEP persons have meaningful access to its programs, services, and
6 activities. Subrecipient understands and agrees that meaningful access may entail providing
7 language assistance services, including oral interpretation and written translation where necessary,
8 to ensure effective communication in the Subrecipient's programs, services, and activities.
9 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
10 develops applicable budgets and conducts programs, services, and activities. As a resource, the
11 Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information
12 on taking reasonable steps to provide meaningful access for LEP persons, please visit
13 http://www.lep.gov.
14 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
15 of continued receipt of federal financial assistance and is binding upon Subrecipient and
16 Subrecipient's successors, transferees, and assignees for the period in which such assistance is
17 provided.
18 5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
19 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
20 agrees to incorporate the following language in every contract or agreement subject to Title VI and
21 its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
22 subcontractors, successors, transferees, and assignees:
23 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
24 comply with Title Vl of the Civil Rights Act of 1964, which prohibits subrecipients of federal
25 financial assistance from excluding from a program or activity, denying benefits of, or
26 otherwise discriminating against a person on the basis of race, color, or national origin (42
27 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title VI
28 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
41
1 this contract(or agreement). Title VI also includes protection to persons with "Limited
2 English Proficiency"in any program or activity receiving federal financial assistance, 42
3 U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title VI
4 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
5 contract or agreement.
6 6. Subrecipient understands and agrees that if any real property or structure is provided or improved
7 with the aid of federal financial assistance by the Department of the Treasury, this assurance
8 obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
9 during which the real property or structure is used for a purpose for which the federal financial
10 assistance is extended or for another purpose involving the provision of similar services or benefits.
11 If any personal property is provided, this assurance obligates the Subrecipient for the period during
12 which it retains ownership or possession of the property.
13 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
14 of the Treasury of the aforementioned obligations. Enforcement may include investigation,
15 arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
16 these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
17 and reporting requirements.
18 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
19 complaints of discrimination on the grounds of race, color, or national origin, and limited English
20 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
21 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
22 completed, including outcome. Subrecipient also must inform the Department of the Treasury if
23 Subrecipient has received no complaints under Title VI.
24 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
25 compliance of Title VI and efforts to address the non-compliance, including any voluntary
26 compliance or other agreements between the Subrecipient and the administrative agency that
27 made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
28
42
1 Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
2 of any court or administrative agency finding of discrimination, please so state.
3 10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
4 responsible for ensuring that sub-recipients also comply with Title VI and other applicable
5 authorities covered in this document. State agencies that make sub-awards must have in place
6 standard grant assurances and review procedures to demonstrate that they are effectively
7 monitoring the civil rights compliance of subrecipients.
8 The United States of America has the right to seek judicial enforcement of the terms of this assurances
9 document, and nothing in this document alters or limits the federal enforcement measures that the United
10 States may take in order to address violations of this document or applicable federal law.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
43