HomeMy WebLinkAboutAgreement A-22-539 with City of Mendota.pdf Agreement No. 22-539
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT WITH CITY OF MENDOTA, A NON-ENTITLEMENT UNIT OF LOCAL
3 GOVERMENT
4 THIS AGREEMENT ("Agreement") is made and entered into this 29t" day of November
5 2022 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
6 California ("COUNTY"), and the CITY OF MENDOTA, a California municipal corporation and general law
7 city with an office at 643 Quince Street, Mendota, CA 93640 ("SUBRECIPIENT').
8 WITNESSETH:
9 WHEREAS, on March 11, 2021, the President signed into law the American Rescue Plan Act of
10 2021 ("ARPA") which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
11 Program; and
12 WHEREAS, the ARPA authorizes the COUNTY to expend SLFRF awarded to the COUNTY for
13 the following eligible purposes, outlined in the Interim Final Rule and Final Rule as follows (each an
14 "Eligible Use," collectively "Eligible Uses"):
15 (1) To respond to the COVID-19 public health emergency or its negative economic impacts;
16 (2) To respond to workers performing essential work during the COVID-19 public health
17 emergency;
18 (3) For the provision of government services to the extent of the reduction in revenue due to
19 the COVID-19 public health;
20 (4) To make necessary investments in water, sewer, or broadband infrastructure; and
21 WHEREAS, the ARPA defines "Non-entitlement units of local government" (NEUs)to mean a "city"
22 as that term is defined in Section 102(a)(5) of the Housing and Community Development Act of 1974, (42
23 U.S.C. 5302 (a)(5), that is not a metropolitan city; and
24 WHEREAS, the SUBRECIPIENT, an NEU, and also a recipient of SLFRF, received a direct
25 allocation from the United States Department of the Treasury(Treasury) in the amount $2,753,676, subject
26 to the SLFRF award terms and conditions required by the Treasury; and
27 WHEREAS, under Section 602(c)(3) and 603(c)(3) of the ARPA, the COUNTY, a recipient of
28 SLFRF, may transfer SLFRF to other constituent units of government, including other SLFRF recipients, for
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1 that unit of government to carry out an eligible use of funds by the transferor, provided that the County
2 receives a benefit proportionate to the amount transferred; and
3 WHEREAS, the SUBRECIPIENT provides potable water supply through a public distribution
4 system consisting of three active groundwater wells, two standby wells, two storage tanks, five booster
5 pumps that serve approximately 2,300 service connections consisting of non-residential and residential rate
6 payers in an area with an estimated population of 12,595 residents; and
7 WHEREAS, the SUBRECIPIENT is identified in a Qualified Census Tract (QTCs: 06019008302;
8 8301) as designated by the Department of Housing and Urban Development, and is considered a
9 disadvantaged community with a reported median household income of$36,376; and
10 WHEREAS, the SUBRECIPIENT is located within the boundaries of the COUNTY, and the
11 SUBRECIPIENT provides potable water supply to the Mendota-Federal Correctional Facility, a Federal
12 institution immediately outside the SUBRECIPIENT's corporate limits, within COUNTY unincorporated
13 area, that houses a population of 1,527 inmates; and
14 WHEREAS, the SUBRECIPIENT provides irrigation water supply to land immediately east of the
15 Mendota Pool, which provides water for the Mendota Pool, an area where the San Joaquin River and Kings
16 River meet that has historically served individuals in the COUNTY with outdoor recreational space; and
17 WHEREAS, the COUNTY has a vested interest in ensuring that all individuals in the COUNTY have
18 access to safe, clean, affordable, and access to a reliable potable water supply within the COUNTY's
19 boundaries; and
20 WHEREAS, during the course of the COVID-19 pandemic, California's severe drought has
21 impacted San Joaquin Valley's rural communities the most, in particular, rural public water systems that
22 solely rely on groundwater pumping to serve its residents and rate payers; and
23 WHEREAS, the Final Rule has designated necessary investment in water infrastructure to be one
24 that meets the eligibility requirements of the Drinking Water State Revolving Fund (DWSRF) as
25 implemented by the Environmental Protection Agency (EPA), including the DWSRF eligible project
26 category of storage; and
27 WHEREAS, the SUBRECIPIENT represents that its public water system is within a single
28 pressure zone, and during daily peak hour demand, the public water system's southwest portion
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1 experiences water pressure deficiencies that affect the system's ability to meet the fire flow requirement
2 standards for fire protection; and
3 WHEREAS, the SUBRECIPIENT represents that the proposed infrastructure improvement meets
4 the eligibility requirements of the DWSRF under the water storage facilities for disadvantaged
5 communities, as it would construct a new 200,000 gallon water storage tank and a booster station
6 designed to increase water storage capacity and correct the water system pressure deficiency in the
7 southwest portion of the water distribution system to meet the fire flow requirements for fire protection;
8 and
9 WHEREAS, the Treasury interprets "necessary" investment in infrastructure in the Final Rule to
10 mean: 1) responsive to an identified need to achieve or maintain an adequate minimum level of service,
11 which for some eligible project categories may include a reasonable projection of increased need,
12 whether due to population growth or otherwise and, 2) a cost-effective means for meeting that need,
13 taking into account available alternatives; and
14 WHEREAS, the SUBRECIPIENT represents that it is responsible to operate public water system
15 number CA-1010021, which is regulated and permitted by Order Number 03-23-15PA-004 issued by the
16 State Water Resources Control Board, Division of Drinking Water; and,
17 WHEREAS, the transfer of SLFRF to SUBRECIPIENT under this Agreement is intended to support
18 a strong and equitable recovery from the COVID-19 pandemic and economic downturn by making
19 necessary investments in water infrastructure that support impacted communities, will correct a fire flow
20 pressure deficiency in the public water distribution system, and also improves the community's resiliency to
21 the effects of climate change, including drought; and
22 WHEREAS, based on the SUBRECIPIENT's representations, COUNTY will transfer SLFRF to
23 SUBRECIPIENT so that the SUBRECIPIENT may fund the planning, engineering design, environmental
24 review, administration, construction cost, and project management for the construction of a new 200,000
25 water storage tank and pump station on the SUBRECIPIENT-owned parkland along Smoot Avenue that
26 will be equipped with three booster pumps designed to correct a water system pressure deficiency in the
27 southwest portion of the water distribution system during peak hour demand, which will assist the
28 SUBRECIPIENT to meet the fire flow requirement standard for firefighting, and provide water storage for
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1 drought resiliency for SUBRECIPIENT ("Program"); and
2 WHEREAS, COUNTY has determined that the Program to be provided by SUBRECIPIENT is an
3 eligible use of SLFRF under the ARPA, in reliance on information provided by SUBRECIPIENT; and
4 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the
5 COUNTY may transfer SLFRF to the SUBRECIPIENT for appropriate and qualifying expenditures,
6 including an Eligible Use of SLFRF, as permitted under the Interim Final Rule and Final Rule.
7 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
8 contained, the parties hereto agree as follows:
9 1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
10 A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
11 Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are true and
12 correct, and that COUNTY may rely upon each of those representations in transferring the SLFRF to
13 SUBRECIPIENT under this Agreement.
14 B. SUBRECIPIENT acknowledges that the SLFRF transferred under this Agreement
15 is a transfer of SLFRF up to the amount stated herein to carry out the Program.
16 C. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this
17 award may only be spent on documented Eligible Uses in compliance with the ARPA, the United States
18 Department of the Treasury ("TREASURY') regulations implementing section 602 and 603 of the ARPA,
19 and guidance issued by the TREASURY regarding the foregoing.
20 D. SUBRECIPIENT represents that it will use the SLFRF transferred under this
21 Agreement to fund the planning, engineering design, environmental review, administration, construction
22 cost, and project management for the construction of the new 200,000 water storage tank and pump
23 station equipped with three booster pumps designed to correct a water system pressure deficiency to
24 meet the fire flow requirement standard for firefighting in the southwest portion of the water distribution
25 system during peak hour demand, which is necessary to maintain adequate and stable service levels,
26 and will provide for drought resiliency for the SUBRECIPIENT.
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1 E. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program
2 by furnishing to the COUNTY the services described in Exhibit A, Program Description, which is
3 attached and incorporated by this reference.
4 F. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible
5 to ensure that SLFRF transferred under this Agreement are spent in compliance with all ordinances of
6 the County of Fresno, SUBRECIPIENT's ordinances, and laws of the State of California, and all laws of
7 the Federal government. This includes, but is not limited to, compliance with all requirements set forth in
8 the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
9 2 CFR Part 200, the TREASURY's Compliance and Reporting Guidance: State and Local Fiscal
10 Recovery Funds ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus
11 State and Local Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for expenditures before
12 April 1, 2022) and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or later), and any
13 subsequent updates, including TREASURY's Frequently Asked Questions. The award terms and
14 conditions required by the TREASURY are set forth in Exhibit F, which is attached and incorporated by
15 this reference, as provided by the TREASURY. Notwithstanding anything provided in Section 8 of this
16 Agreement, or in this Subsection 1(F), SUBRECIPIENT has the sole responsibility for compliance under
17 this Section 1(F).
18 G. Prevailing Wage.
19 a. For any portion of any of the work, service, and/or function (including, but
20 not limited to, any construction, alteration, installation, demolition, repair, or maintenance work), to be
21 performed, either directly or on behalf of SUBRECIPIENT under any agreements with any contractors
22 and/or suppliers (including their respective sub-contractors at any tier) or otherwise, with respect to the
23 Program that is a "public work" for the purposes of Chapter 1 (commencing with § 1720) of Part 7 of
24 Division 2 of the California Labor Code (collectively, "Chapter 1 of the Labor Code"), (i) SUBRECIPIENT
25 shall comply with, and cause all such contractors and/or suppliers (including their respective sub-
26 contractors at any tier) to comply with, all applicable provisions of Chapter 1 of the Labor Code with
27 respect to the Program, and (ii) prior to causing any work to be performed under any agreements with
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1 any contractors and/or suppliers, or otherwise, SUBRECIPIENT shall incorporate all of the provisions of
2 this Section 1(G) into such agreements.
3 b. SUBRECIPIENT shall promptly provide a copy to COUNTY of any
4 correspondence, notices, and/or orders, in any written form, and/or any documents initiating legal action
5 (collectively, "DIR Administrative or Legal Action") by or on behalf of the Director of the Department of
6 Industrial Relations of the State of California, including any representative thereof(collectively, the
7 "DIR") to or against SUBRECIPIENT, and SUBRECIPIENT's written responses, in any written form,
8 thereto, that relate to any work, or any portion thereof, provided however, SUBRECIPIENT's provision of
9 such copy of any DIR Administrative or Legal Action, and/or SUBRECIPIENT's responses thereto, or
10 failure to provide same or to timely provide same, shall not impose any obligation upon COUNTY with
11 respect to SUBRECIPIENT's obligations under this Section 1 (G). SUBRECIPIENT acknowledges that
12 the DIR provides the following internet resource:
13 https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
14 C. COUNTY does not make any representation, or provide any guidance, to
15 SUBRECIPIENT as to (i) the nature, type, or scope of the work, or any portion thereof, to be performed
16 by SUBRECIPIENT, either directly or under any agreements with any contractors and/or suppliers
17 (including their respective sub-contractors at any tier), that constitutes a "public work," or (ii) the
18 sufficiency of the DIR's internet resource, above, for purposes of compliance with this Section 1(G). The
19 provisions of this Section 1 (G) shall survive the termination of this Agreement.
20 H. Timeline. SUBRECIPIENT shall ensure that the Program is diligently undertaken
21 and completed, and all SLFRF transferred under this Agreement are fully expended, no later than
22 December 31, 2026. By August 31, 2024, SUBRECIPIENT shall analyze, and shall report to COUNTY
23 in writing, whether it can complete the Program or fully expend the SLFRF transferred under this
24 Agreement by December 31, 2026. If SUBRECIPIENT is not capable of completing the Program or fully
25 expending the SLFRF transferred under this Agreement on the Program by December 31, 2026,
26 SUBRECIPIENT shall return any previously issued SLFRF, which have not been bindingly obligated to a
27 permissible use, to COUNTY within fifteen calendar days. Additionally, SUBRECIPIENT shall account
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1 for all SLFRF which have not been bindingly obligated to a permissible use by December 31, 2024, and
2 shall remit the same unobligated SLFRF to the COUNTY within thirty calendar days.
3 I. No Litigation. SUBRECIPIENT shall not use any SLFRF transferred by the
4 COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or
5 penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against
6 SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at
7 law or in equity against COUNTY, nor institute, prosecute, or any way aid in the institution or
8 prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury
9 either to person or property, or both, whether developed or undeveloped, resulting or to result, known or
10 unknown, past, present, or future, arising out of, in any way, the terms of this Agreement.
11 J. SUBRECIPIENT agrees that if the SUBRECIPIENT receives SLFRF from any
12 other local or state entity for all or any part of the Program for which the SUBRECIPIENT has received
13 SLFRF from COUNTY under this Agreement, the SUBRECIPIENT shall contact COUNTY in writing
14 within five (5) business days. The SUBRECIPIENT agrees that it may be required to return all or part of
15 the SLFRF received from the COUNTY if the total amount of SLFRF from all local and state entities
16 exceeds the Program's budget, and if the SUBRECIPIENT does not intend to expand the Program.
17 K. None of the personnel employed in the administration of the Program shall be in
18 any way, or to any extent engaged in, the conduct of political activities prohibited by Chapter 15 of Title
19 5, U.S. Code, as applicable.
20 L. None of the SLFRF to be transferred under this Agreement shall be used for any
21 partisan political activity, or to support or defeat legislation pending before Congress.
22 2. PROCUREMENT REQUIREMENTS
23 A. SUBRECIPIENT shall comply with all procurement requirements specified in the
24 Uniform Guidance, including, but not limited to, 2 CFR Part 200 et. seq.
25 B. SUBRECIPIENT shall take all necessary affirmative steps to assure that minority
26 businesses, women's business enterprises, and labor surplus area firms are used when possible, when
27 procuring goods and services under this Agreement, including the affirmative steps described in 2 CFR§
28 200.321.
1 C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a
2 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
3 States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
4 D. SUBRECIPIENT agrees to prioritize in its procurement decisions employers who can
5 demonstrate that their workforce meets high safety and training standards (e.g., professional certification,
6 licensure, and/or robust in-house training), that hire local workers and/or workers from historically
7 underserved communities, and who directly employ their workforce or have policies and practices in place
8 to ensure contractors and subcontractors meet high labor standards, and to prioritize employers (including
9 contractors and subcontractors) without recent violations of federal and state labor and employment laws.
10 E. All contracts made by SUBRECIPIENT in excess of$100,000 with respect to water,
11 sewer, or broadband infrastructure projects that involve employment of mechanics or laborers must include
12 a provision for compliance with certain provisions of the Contract Work Hours and Safety Standards Act, 40
13 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
14 3. REPORTING REQUIREMENTS
15 A. SUBRECIPIENT, as a direct recipient of SLFRF, is required to track eligible
16 expenditures and routinely submit Project and Expenditure Reports, including Quarterly Expenditure
17 Reports, Annual Performance Reports, and Final Report directly to the TREASURY for the
18 implementation of the Program.
19 B. Quarterly Program Expenditure Report: SUBRECIPIENT shall submit a copy of
20 its Project and Expenditure Report specific to this Program to the COUNTY's designated contact, as
21 designated by the COUNTY's County Administrative Officer in writing at the execution of this
22 Agreement, and Quarterly Program Expenditure Reports through the term of this Agreement as
23 provided by this Section 3(A). The reports shall contain, but are not limited to, the information described
24 in Exhibit C, which is attached and incorporated by this reference, and must include a statement, signed
25 by the SUBRECIPIENT, indicating that all expenditures in the report comply with the Interim Rule and
26 the Final Rule, as applicable, and ARPA guidelines for the SLFRF, as set forth by the TREASURY.
27 Quarterly expenditure reports shall be submitted to COUNTY no later than fifteen (15) days after the end
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1 of each quarter listed below for the term of this Agreement, beginning with the first quarter ending after
2 the Effective Date:
3 1) January 1 — March 31, due by April 15
4 2) April 1 — June 30, due by July 15
5 3) July 1 — September 30, due by October 15
6 4) October 1 — December 31, due by January 15
7 C. Annual Performance Report: Within fifteen (15) days after each June 30,
8 SUBRECIPIENT shall submit a copy of its "Annual Performance Report" to the COUNTY, covering all
9 performance by the SUBRECIPIENT under this Agreement for the fiscal year ending that June 30t". The
10 report shall contain, but not be limited to, the information contained in Exhibit D, which is attached and
11 incorporated by this reference.
12 D. Final Report: SUBRECIPIENT shall submit a copy of its Final Program Report
13 within thirty (30) days upon completion of the Program. A Final Report shall include an accounting of all
14 costs and expenses incurred by SUBRECIPIENT, and any other information as the COUNTY deems
15 necessary to facilitate closeout of the Program, and ensure COUNTY's obligations and requirements
16 under the SLFRF Program are met. The Final Program Report is not complete until COUNTY has
17 delivered to SUBRECIPIENT written acceptance of the Final Program Report.
18 4. NONDISCRIMINATION
19 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
20 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
21 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
22 employee, applicant for employment or person receiving services under this Agreement because of race,
23 religious creed, color, national origin, ancestry, physical or mental disability including perception of
24 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
25 sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military
26 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
27 shall comply with all applicable Federal, State and local laws and regulations related to nondiscrimination
28 and equal opportunity, including, without limitation, the COUNTY's non-discrimination policy; Title VI of the
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1 Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at
2 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under
3 programs or activities receiving federal financial assistance; The Fair Housing Act, Title VI II of the Civil
4 Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis
5 of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act
6 of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at
7 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving
8 federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42
9 U.S.C. sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
10 activities, and services provided or made available by state and local governments or instrumentalities or
11 agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.);
12 California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as
13 amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of
14 Federal Regulations.
15 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
16 this Section 4 in all subcontracts to perform work under this Agreement.
17 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
18 opportunity to express, and have considered, their views, grievances, and complaints regarding
19 SUBRECIPIENT's delivery of services.
20 5. CONFLICTS OF INTEREST; ETHICS
21 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
22 policy consistent with 2 CFR § 200.318(c), and that such conflict-of-interest policy is applicable to each
23 activity funded under this award. SUBRECIPIENT must disclose in writing to the TREASURY and to
24 COUNTY any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR §
25 200.12. Further, no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any
26 gifts, service, favor, employment, engagement, remuneration, or economic opportunity which would tend to
27 improperly influence a reasonable person in that position to depart from the faithful and impartial discharge
28 of the duties of that position.
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1 B. No officer, agent, consultant, or employee of SUBRECIPIENT may use his or her
2 position to secure or grant any unwarranted privilege, preference, exemption, or advantage for himself or
3 herself, any member of his or her household, any business entity in which he or she has a financial interest,
4 or any other person.
5 C. No officer, agent, consultant, or employee of the SUBRECIPIENT may participate as
6 an agent of the SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT
7 and any private business in which he or she has a financial interest.
8 D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any
9 report or other document because it might tend to affect unfavorably his or her private financial interests.
10 E. No officer, agent, consultant, employee, or elected or appointed official of the
11 COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any
12 contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for himself or
13 herself, or for those whom he or she has family or business ties, during his or her tenure, or for one year
14 thereafter, for any of the work to be performed pursuant to the Program.
15 6. REQUIRED LICENSES, CERTIFICATES, AND PERMITS
16 A. Any licenses, certificates or permits required by the federal, state, county, or municipal
17 governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A
18 must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this
19 Agreement.
20 B. SUBRECIPIENT must maintain such licenses, certificates and permits in full force and
21 effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses, professional
22 licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and
23 maintained by SUBRECIPIENT at no expense to the COUNTY.
24 C. SUBRECIPIENT must show proof of established "indirect cost rates," as defined by
25 the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (5
26 U.S.C. 301; 2 CFR 200)with either the Federal Government, or a final negotiated "indirect cost rate" with
27 COUNTY that complies with the Uniform Guidelines within 3 months of receipt of SLFRF.
28 7. OFFICE SPACE, SUPPLIES, EQUIPMENT, AND OPERATING OVERHEAD
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1 SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference materials,
2 and telephone service necessary for SUBRECIPIENT to provide the services and operate the Program
3 identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay SUBRECIPIENT for
4 any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such items. Responsibility for
5 the costs and expenses incurred by SUBRECIPIENT in providing and maintaining such items is the sole
6 responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall comply with the Uniform
7 Cost Administrative Principles, and Audit Requirements for Federal Awards.
8 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY
9 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with
10 TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic
11 reports to TREASURY.
12 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY
13 for SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF
14 program, SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as
15 applicable, and reporting requirements, as applicable.
16 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
17 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
18 Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve
19 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
20 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to
21 TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
22 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.
23 9. PENALTIES
24 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
25 described herein, may result in the TREASURY's recoupment of SLFRF from the COUNTY, and that in
26 such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
27 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
28 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY
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1 may impose additional conditions, as described in 2 CFR § 200.208. If the COUNTY determines that
2 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
3 of the following actions, as appropriate in the circumstances:
4 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
5 refund SLFRF upon demand by COUNTY.
6 B. Temporarily withhold cash payments pending correction of the deficiency by
7 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
8 C. Disallow (that is, deny both use of funds and any applicable matching credit for) all
9 or part of the cost of the activity or action not in compliance;
10 D. Wholly or partly suspend or terminate the SLFRF;
11 E. Recommend the TREASURY initiate suspension or debarment proceedings;
12 F. Withhold further SLFRF for the Program; and
13 G. Take other remedies that may be legally available.
14 10. FINANCIAL MANAGEMENT
15 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
16 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
17 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
18 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
19 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
20 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
21 accounts that correspond to each such authorized use provided further that such separate accounts are
22 subject to this Section 10(A), and are segregated and identified by a unique identifier. In no event shall
23 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
24 or charge.
25 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
26 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
27 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
28 Uniform Guidance requirements apply or how they apply.
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1 C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement
2 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
3 Eligible Uses of SLFRF, and shall document all funding decisions. Upon request by COUNTY, the
4 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to the
5 COUNTY.
6 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
7 recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than
8 $750,000 of Federal funds during that reporting period. If SUBRECIPIENT submits a letter stating it
9 expended less than $750,000 in Federal funds, SUBRECIPIENT shall provide a recent financial
10 statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial
11 accountability submissions shall be provided to County of Fresno, County Administrative Office located
12 at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically to e-mail address
13 fresnocao(@fresnocountyca.gov.
14 E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred,
15 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
16 transaction by any federal department or agency. This certification is made pursuant to the regulations
17 implemented by 2 CFR Part 200, Subpart 200.214, Debarment and Suspension, and any relevant
18 program-specific regulations. This provision shall be required of every subcontractor receiving any
19 payment in whole or in part from Federal funds.
20 F. SUBRECIPIENT shall record all costs of the Program by budget line items, which
21 shall be supported by adequate source documentation, including payroll ledgers, time records, invoices,
22 contracts, vouchers, orders, and other accounting documents evidencing in proper detail the nature and
23 propriety of all costs. At any time during normal business hours, SUBRECIPIENT's financial transactions
24 with respect to the Program may be audited by the COUNTY or independent auditors contracted by the
25 COUNTY, or any combination thereof. The representatives of the auditing agency or agencies shall
26 have access to all books, documents, accounts, records, reports, files, papers, things, property,
27 contractors of program services, and other persons pertaining to such financial transactions and
28 necessary to facilitate the audit.
14
1 G. Copies, excerpts, or transcripts of all of the books, documents, papers, and
2 records, including invoices, payroll registers, time records, contracts, and accounting documents
3 concerning matters that are reasonably related to the Program shall be provided upon request to the
4 COUNTY.
5 H. SUBRECIPIENT shall review and approve eligible expenditures for the transferred
6 SLFRF award for items described in Exhibit B, which is attached and incorporated by this reference.
7 SUBRECIPIENT shall not make any changes in the line-item expenditures in Exhibit B without prior
8 written approval of the COUNTY.
9 I. No cash reimbursement for purchases of any kind is allowable.
10 11. TERM
11 The term of this Agreement shall comply with ARPA Guidelines, and shall commence on the
12 Effective Date, until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program
13 Report under Section 3(C) of this Agreement, unless sooner terminated as provided herein.
14 Notwithstanding timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to
15 cover costs incurred during the time period set forth by the TREASURY. The COUNTY's written
16 acceptance of the Final Program Report under Section 3(C) of this Agreement shall include the COUNTY's
17 written notification to the SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The
18 County Administrative Officer or his or her designee is authorized to execute this written acceptance of the
19 Final Program Report and notification of term end to SUBRECIPIENT.
20 12. TERMINATION
21 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
22 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
23 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
24 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty (30)
25 days advance written notice.
26 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
27 Agreement in whole or in part, where in the determination of the COUNTY there is:
28 1) An illegal or improper use of funds;
15
1 2) A failure to comply with any term of this Agreement;
2 3) A substantially incorrect or incomplete report submitted to the COUNTY;
3 4) Improperly performed service.
4 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
5 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
6 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
7 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
8 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
9 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
10 shall promptly refund any such SLFRF upon demand.
11 C. Without Cause: Under circumstances other than those set forth above, this
12 Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention
13 to terminate to SUBRECIPIENT.
14 13. GRANT FUNDING/COMPENSATION
15 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
16 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to transfer to
17 SUBRECIPIENT, and SUBRECIPIENT agrees to receive such transfers, up to the total SLFRF transfer
18 amount, in an amount not to exceed two million, four hundred sixty-five thousand dollars ($2,465,000).
19 It is expressly agreed and understood that the total amount of SLFRF to be transferred by COUNTY
20 to SUBRECIPIENT for the Program shall not exceed two million, four hundred sixty five thousand dollars
21 ($2,465,000)to construct a new 200,000 water storage tank and pump station in accordance with the
22 DWSRF, which is intended to correct a water system pressure deficiency to meet the fire flow requirement
23 standard for firefighting in the southwest portion of the water distribution system during peak hour demand,
24 is necessary to maintain adequate and stable service levels, will respond to the drinking water needs of
25 the SUBRECIPIENT, and will improve drinking water drought resiliency in the disadvantaged community
26 of Mendota, which is an eligible use under the Final Rule. This Program will provide a benefit to residents
27 of the COUNTY, as it will serve the Mendota-Federal Correctional Facility, as well as the Mendota Pool,
28 which are both located in the COUNTY unincorporated area.
16
1 Following the Effective Date of this Agreement, the SUBRECIPIENT shall request the COUNTY to
2 transfer SLFRF to fund the Program's soft costs, which consist of planning, design, construction
3 management, and administration costs for an amount not to exceed two hundred fifty-five thousand dollars
4 ($255,000)to cover eligible expenditures shown on Table 1-1 of Exhibit B. The SUBRECIPIENT is
5 responsible for monitoring and reporting quarterly expenditure reports directly to the TREASURY for the
6 implementation of the Program, as described in Exhibit A. The SUBRECIPIENT plans to construct the
7 water storage tank and pump station on the SUBRECIPIENT own parkland located along Smoot Avenue
8 and east of Amador Avenue in the Mendota city limits. SUBRECIPIENT shall then make a second request
9 the COUNTY in writing to transfer payment in advance for the construction phase of the Program's
10 budget in accordance with this Agreement. The Program is anticipated to be completed in 27 months. The
11 SUBRECIPIENT's transfer requests to COUNTY shall include supporting information for the
12 implementation of the Program as represented in Table 1-1, below. After appropriate review and
13 inspection of the transfer request, the COUNTY shall transfer payment to SUBRECIPIENT in a timely
14 manner. SUBRECIPIENT is responsible for monitoring, approving expenditures, and reporting timely
15 quarterly expenditure reports directly to the TREASURY for the implementation of the Program.
16 SUBRECIPIENT shall submit copies of its quarterly expenditure reports, project progress reports, and
17 supporting documentation to the COUNTY, as described in Section 3(B) of this Agreement.
18 SUBRECIPIENT shall submit copies of its quarterly expenditure reports, project progress reports, and
19 supporting documentation to the County of Fresno, County Administrative Office located at 2281 Tulare,
20 Room 304, Fresno, CA 93721, or electronically, to e-mail address iresnocao@fresnocountyca.gov. If
21 SUBRECIPIENT fails to comply with any provision of this Agreement, COUNTY shall be relieved of its
22 obligations for further compensation.
23 B. To ensure compliance with Federal and State regulations, COUNTY may require
24 additional supporting documentation or clarification as follows:
25 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
26 documentation or clarification.
27 ii. SUBRECIPIENT shall respond within five (5) business days with required
28 additional documentation or clarification.
17
1 C. All expenses incidental to SUBRECIPIENT's performance of services in carrying out
2 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
3 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
4 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
5 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
6 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
7 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT.
8 COUNTY has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
9 14. INDEPENDENT CONTRACTOR
10 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
11 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
12 SUBRECIPIENT's officers, agents, and employees will at all times be acting and performing as an
13 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
14 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
15 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
16 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
17 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
18 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
19 regulations, if any, of governmental authorities having jurisdiction over all matters subject thereto. Because
20 of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right to employment
21 rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable and
22 responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
23 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
24 to payment of SUBRECIPIENT's employees, including compliance with Social Security withholding and all
25 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
26 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
27 15. MODIFICATION
28 Any matters of this Agreement may be modified from time to time by the written consent of all the
18
1 parties without, in any way, affecting the remainder.
2 16. NON-ASSIGNMENT
3 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
4 this Agreement without the prior written consent of the other party.
5 17. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at
6 COUNTY's request, defend the COUNTY, its officers, agents, and employees from any and all costs
7 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
8 losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by
9 the SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs
10 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
11 losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
12 performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this
13 Agreement.
14 SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
15 TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this
16 Agreement. SUBRECIPIENT shall indemnify COUNTY against any and all claims or actions by any
17 person or entity arising from any violation or alleged violation of Section 1(G), herein. The provisions of
18 this Section 17 shall survive the expiration or termination of this Agreement.
19 18. INSURANCE
20 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
21 parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
22 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
23 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
24 A. Commercial General Liability
25 Commercial General Liability Insurance with limits of not less than Two Million Dollars
26 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
27 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
28 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
19
1 liability or any other liability insurance deemed necessary because of the nature of this contract.
2 B. Automobile Liability
3 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
4 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
5 used in connection with this Agreement.
6 C. Professional Liability
7 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
8 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
9 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
10 SUBRECIPIENT agrees that it shall maintain, at its sole expense, in full force and effect for a
11 period of three (3) years following the termination of this Agreement, one or more policies of
12 professional liability insurance with limits of coverage as specified herein.
13 D. Worker's Compensation
14 A policy of Worker's Compensation insurance as may be required by the Labor Code.
15 Additional Requirements Relating to Insurance
16 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming
17 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
18 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
19 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
20 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
21 provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without
22 a minimum of thirty (30) days advance written notice given to COUNTY.
23 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
24 employees any amounts paid by the policy of worker's compensation insurance required by this
25 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
26 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under
27 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
28 Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement,
20
1 SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the
2 foregoing policies, as required herein, to the County of Fresno, County Administrative Office, Attention:
3 ARPA—SLFRF Coordinator, 2281 Tulare Street, Room 304, Fresno, CA 93721, stating that such
4 insurance coverages have been obtained and are in full force; that the County of Fresno, its officers, agents
5 and employees will not be responsible for any premiums on the policies; that for such worker's
6 compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its officers,
7 agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate
8 the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its
9 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the
10 operations under this Agreement are concerned; that such coverages for additional insured shall apply as
11 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents
12 and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's
13 policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)
14 days advance, written notice given to COUNTY.
15 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
16 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
17 Agreement upon the occurrence of such event.
18 All policies shall be issued by admitted insurers licensed to do business in the State of California,
19 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
20 FSC VI or better.
21 19. RECORDKEEPING AND CONFIDENTIALITY
22 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
23 must maintain records and financial documents for five (5) years after all SLFRF have been expended or
24 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
25 TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is
26 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
27 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
28 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
21
1 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
2 disclosure pursuant to the California Consumer Privacy Act (CCPA) to ensure against a breach of
3 security of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have
4 established written policies and procedures that align with CCPA, and shall follow such procedures.
5 Upon request, SUBRECIPIENT shall make available to COUNTY staff such written policies and
6 procedures, and shall be monitored for compliance.
7 20. AUDITS AND INSPECTIONS:
8 A. SUBRECIPIENT shall, at anytime during business hours, and as often as the
9 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
10 with respect to the matters covered by this Agreement. SUBRECIPIENT shall, upon request by the
11 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
12 SUBRECIPIENT's compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
13 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
14 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
15 reviewing entity deems to be appropriate in order to determine:
16 1) Whether the objectives of the Program are being achieved;
17 2) Where the Program is being operated in an efficient and effective
18 manner;
19 3) Whether management control systems and internal procedures have
20 been established to meet the objectives of the Program;
21 4) Whether the financial operations of the Program are being conducted
22 properly;
23 5) Whether the periodic reports to the COUNTY contain accurate and
24 reliable information;
25 6) Whether all of the activities of the Program are conducted in compliance
26 with the provisions of state and federal laws and regulations and this
27 Agreement; and
28 7) Whether all activities associated with the Program are in compliance with
22
1 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
2 Guidance, and any subsequent guidance issued by TREASURY.
3 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
4 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
5 by the COUNTY or its designees, and the TREASURY, for five (5) years following termination of this
6 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
7 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
8 to promptly reimburse the COUNTY for such payments upon request.
9 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
10 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
11 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
12 requirements.
13 21. NOTICES
14 The persons and their addresses having authority to give and receive notices under this Agreement
15 include the following:
16 COUNTY SUBRECIPIENT
COUNTY OF FRESNO City of Mendota
17 ARPA- SLFRF Coordinator 643 Quince Street
2281 Tulare Street, Room 304 Mendota, CA 93640
18 Fresno, CA 93721 Attn: Nancy Banda,
Finance Director
19
20 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
21 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
22 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
23 personal service is effective upon service to the recipient. A notice delivered by first-class United States
24 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
25 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
26 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
27 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
28 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
23
1 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
2 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
3 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
4 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
5 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
6 beginning with section 810).
7 22. GOVERNING LAW
8 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
9 California. The rights and obligations of the parties and all interpretation and performance of this
10 Agreement shall be governed in all respects by the laws of the State of California.
11 23. ADVICE OF ATTORNEY
12 Each party warrants and represents that in executing this Agreement, it has received
13 independent legal advice from its attorneys, or the opportunity to seek such advice.
14 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
15 Members of the SUBRECIPIENT's Council shall disclose any self-dealing transactions that they
16 are a party to while SUBRECIPIENT is providing goods or performing services under this Agreement. A
17 self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party and in which
18 one or more of its directors has a material financial interest. Members of the SUBRECIPIENT Council
19 shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-
20 Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated herein by
21 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
22 immediately thereafter.
23 25. ELECTRONIC SIGNATURES
24 The parties agree that this Agreement may be executed by electronic signature as provided in
25 this section. An "electronic signature" means any symbol or process intended by an individual signing
26 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
27 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
28 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
24
1 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
2 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
3 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
4 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
5 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
6 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
7 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
8 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
9 conditioned upon the parties conducting the transactions under it by electronic means and either party
10 may sign this Agreement with an original handwritten signature.
11 26. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
12 SUBRECIPIENT and COUNTY with respect to the subject matter hereof, and supersedes all previous
13 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
14 understanding of any nature whatsoever unless expressly included in this Agreement. Notwithstanding this
15 provision, any additional requirements and/or guidelines set forth by the TREASURY regarding the uses
16 and reporting requirements for ARPA SLFRF after the execution of this Agreement shall be understood to
17 be integrated into this Agreement, and binding on the parties.
18
19
20
21
22
23
24
25
26
27
28
25
1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3
4 SUB ECIPIE CO�TX OF FRESNO
5 r
ristlan Gonzalez, Brian Pacheco, Chairman of the Board of
6 City Manager Supervisors of the County of Fresno
7 City of Mendota
Mailing Address:
8 643 Quince Street
Mendota, CA 93640
9
10
11 ATTEST:
Bernice E. Seidel
12 Clerk of the Board of Supervisors
County of Fresno, State of California
13
14
15
16 By: — - —
Deputy
17 FOR ACCOUNTING USE ONLY:
Fund: 0026
18
Subclass: 91021
19
ORG: 1033
20
Account: 7845
21
22
23
24
25
26
27
28
26
1 Exhibit A
2 Program Description
3 SUBRECIPIENT is responsible to operate a public water distribution system (CA-1010021) that is
4 regulated by Order Number 03-23-15PA-004 issued by the State Water Resources Control Board, Division
5 of Drinking Water. The SUBRECIPIENT provides potable water supply to non-residential and residential
6 rate payers in a disadvantaged community with an estimated population of 12,595 residents. The transfer of
7 SLFRF pursuant to this Agreement will benefit the COUNTY, because the SUBRECIPIENT provides
8 potable water supply to the Mendota-Federal Correctional Facility, a Federal institution immediately outside
9 the SUBRECIPIENT's city limits, within the COUNTY unincorporated area, that houses a population of
10 1,527 inmates in the COUNTY. SUBRECIPIENT also provides irrigation water supply to land immediately
11 east the Mendota Pool, which serves the Mendota Pool, an area where the San Joaquin River and Kings
12 River diversion points meet that has served individuals in the COUNTY with outdoor recreational space.
13 The SUBRECIPIENT is identified in two Qualified Census Tracts (QTCs: 06019008302; 8301) as
14 designated by the Department of Housing and Urban Development, with a reported median household
15 income of$36,376.
16 The SUBRECIPIENT's public water distribution system consists of three active groundwater wells, two
17 standby wells, two storage tanks, five booster pumps, a treatment facility, and approximately 34 miles of
18 distribution pipeline. The SUBRECIPIENT represents that its public water system is within a single
19 pressure zone. The SUBRECIPIENT represents that during daily peak hour demand, the public water
20 system's southwest portion experiences water pressure deficiencies that affect the system's ability meet
21 the minimum fire flow requirement standard for fire protection. The SUBRECIPIENT intends to use
22 SLFRF to fund the planning, engineering design, environmental review, administration, construction
23 cost, and project management for the construction of a new 200,000 water storage tank and pump
24 station equipped with three booster pumps designed correct a water system pressure deficiency in the
25 southwest portion of the water distribution system during peak hour demand. The Program will assist the
26 SUBRECIPIENT to meet the fire flow requirement standard for firefighting and provide water storage for
27 drought resiliency for the SUBRECIPIENT. SUBRECIPIENT represents that the program qualifies under
28 the DWSRF eligible project category of water storage.
27
1 Exhibit B
2 Expenditure Plan
3 SUBRECIPIENT shall request the COUNTY to transfer SLFRF to fund the Program's soft costs that
4 consist of planning, design, construction management, and administration costs for an amount not to
5 exceed two hundred fifty-five thousand dollars ($255,000)to cover eligible expenditures shown on Table 1-
6 1 of Exhibit B. The SUBRECIPIENT is responsible for approving Program expenditures, monitoring, and
7 reporting quarterly expenditure reports directly to the TREASURY. In accordance with Section 3(B) of the
8 Agreement, SUBRECIPIENT shall submit copies of its Program's quarterly expenditure reports, project
9 progress reports, and supporting documentation to the COUNTY. The SUBRECIPIENT plans to
10 construct the water storage tank and pump station on SUBRECIPIENT own parkland located along Smoot
11 Avenue and east of Amador Avenue in the Mendota city limits. The SUBRECIPIENT shall then make a
12 second written request to the COUNTY to transfer SLFRF in advance for the construction phase of the
13 Program's budget in accordance with this Agreement. The Program is anticipated to be completed in 27
14 months. The SUBRECIPIENT's transfer requests to COUNTY shall include supporting information for the
15 implementation of the Program as represented in Table 1-1, below.
16
17
18
19
20
21
22
23
24
25
26
27
28
28
1 Table 1-1
2 Expenditure Plan
3
4
5 Expenditures
6 Construction Cost $ 2,000,000.00
7 Contingencies $ 210,000 00
8 Allowances (Soft Costs)
9 Planning $ 35,000.00
10 Design $ 120,000 00
11 Construction Pvlanagement $ 95,000 00
12 Administration $ 5,OOO.00
13 Total $ 2.465.00O.00
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
1 Exhibit B (continued)
2 Transfer Request Form
3 Date:
4
County of Fresno
5 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
6 Fresno, CA 93721
7 Subject: Transfer Request for Payment:
8 Program SUBRECIPIENT Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting payment of$ in support of the Program.
11 The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the
12 amount of work that has been completed to date, detailing items purchased, and expenses
13 incurred or anticipated to be incurred in support of the Program in accordance with the
14 expenditure plan (Exhibit B, Table 1-1) documented in the executed Agreement, and as
15 evidenced by the enclosed invoices and supporting documents.
16 Payee Agreement# Amount
17
18
19
20
21 Sincerely,
22
23 [City Representative]
24 [SUBRECIPIENT Name]
25 Enclosure(s)
26
27
28
30
1 Exhibit C
2 Quarterly Program Expenditure Report (Template)
3 PROGRAM
4 Tax Identification Number or Unique Agreement Number:
Entity ID (TIN or SAM):
5
Name of Entity: Program Name:
6
7 Reporting Period Start Date: Reporting Period End Date:
8 Expenditure Category: 5 Infrastructure, Water
Total Award: $2,465,000 Remaining Balance:
9
10
EXPENDITURES
11 Category
Expenditures • . . . . .
12to date ($) to date ($) Expenditures Obligations
13 5 Infrastructure, Water
14 5.14 Drinking Water: Storage
15
16 TOTAL
17 PROJECT STATUS
18
19 Describe program achievements and upcoming milestones:
20
21 Quarterly Status Report, select one.
Not started
22 completed less than 50 percent
completed more than 50 percent
23 Completed
24
25 AUTHORIZED SIGNATURE
26
27 Signature Date
28 Print Name:
31
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 recipients will be required to submit
10 the report to the County within 15 calendar days after the end of the 12-month period (by July 15th).
11Annual Period Covered Due Date
Ret)
rt
12 1 • Award — June 30, 2022 July 15, 2022
13 2 July 1, 2022 — June 30, 2023 July 15, 2023
3 July 1 2023 — June 30 2024 JuIV 15 2024
14 4 JuIV 1 2024 — June 30 2025 JuIV 15 2025
15 5 1 July 1, 2025 — June 30, 2026 1 July 15, 2026
6 July 1, 2026 — December 31, 2026 January 15, 2027
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17 Instructions:
18 RECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
19 Responsibilities (Reporting Guidance) located at: https:Hhome.treasurV.gov/system/files/136/SLFRF-
20 Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
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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
3 EXHIBIT F
4 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
5 AWARD TERMS AND CONDITIONS
6 1. Use of Funds.
7 a) Recipient understands and agrees that the funds disbursed under this award may only be used in
8 compliance with section 603(c) of the Social Security Act(the Act), Treasury's regulations
9 implementing that section, and guidance issued by Treasury regarding the foregoing.
10 b) Recipient will determine prior to engaging in any project using this assistance that it has the
11 institutional, managerial, and financial capability to ensure proper planning, management, and
12 completion of such project.
13
14 2 Period of Performance. The period of performance for this award begins on the date hereof and
15 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient may use award
16 funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
17 December 31, 2024.
18
19 3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as
20 they relate to this award.
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22 4. Maintenance of and Access to Records.
23 a) Recipient shall maintain records and financial documents sufficient to evidence compliance with
24 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
25 Treasury regarding the foregoing.
26 b) The Treasury Office of Inspector General and the Government Accountability Office, or their
27 authorized representatives, shall have the right of access to records (electronic and otherwise) of
28 Recipient in order to conduct audits or other investigations.
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1 c) Records shall be maintained by Recipient 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.
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7 6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and
8 indirect costs as specified in the Scope of Work.
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10 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
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12 8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict-of-interest policy
13 consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each activity
14 funded under this award. Recipient and Recipients must disclose in writing to Treasury or the pass-through
15 entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2
16 C.F.R. § 200.112.
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18 9. Compliance with Applicable Law and Regulations.
19 a) Recipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by
20 Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the
21 foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations,
22 and executive orders, and recipient 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
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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 (Non procurement), 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. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2
15 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 VII I 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,
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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.
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13 10. Remedial Actions. In the event of Recipient'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.
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21 11. Hatch Act. Recipient 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.
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26 12. False Statements. Recipient understands that making false statements or claims in connection with
27 this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including
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1 fines, imprisonment , civil damages and penalties, debarment from participating in federal awards or
2 contracts, and/or any other remedy available by law.
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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."
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8 14. Debts Owed the Federal Government.
9 a) Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to
10 be authorized to retain under the terms of this award; (2)that are determined by the Treasury Office
11 of Inspector General to have been misused; or(3)that are determined by Treasury to be subject to
12 a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been
13 repaid by Recipient shall constitute a debt to the federal government.
14 b) Any debts determined to be owed the federal government must be paid promptly by Recipient . 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 Recipient knowingly or
17 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.
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20 15. Disclaimer.
21 a) The United States expressly disclaims any and all responsibility or liability to Recipient or third
22 persons for the actions of Recipient 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 Recipient does not in any way establish an agency relationship
26 between the United States and Recipient.
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28 16. Protections for Whistleblowers.
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1 a) In accordance with 41 U.S.C. §4712, Recipient 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 Recipient, contractor, or subcontractor who has
16 the responsibility to investigate, discover, or address misconduct.
17 c) Recipient shall inform its employees in writing of the rights and remedies provided under this
18 section, in the predominant native language of the workforce.
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20 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217
21 (Apr. 18, 1997), Recipient 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.
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25 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6,
26 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce
27 policies that ban text messaging while driving, and Recipient should establish workplace safety policies to
28 decrease accidents caused by distracted drivers
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1
2 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
3 ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
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5 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
6 Recipient provides the assurances stated herein. The federal financial assistance may include federal
7 grants, loans, and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of Federal
8 land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other
9 arrangements with the intention of providing assistance. Federal financial assistance does not encompass
10 contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal
11 government at market value, or programs that provide direct benefits.
12 The assurances apply to all federal financial assistance from, or funds made available through the
13 Department of the Treasury, including any assistance that the Recipient may request in the future.
14 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
15 the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's
16 program(s) or activity(ies) is federally assisted in the manner prescribed above.
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18 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
19 amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
20 discrimination under programs and activities receiving federal financial assistance, of any person in
21 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
22 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
23 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
24 memoranda, and/or guidance documents.
25 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
26 with Limited English Proficiency," seeks to improve access to federally assisted programs and
27 activities for individuals who, because of national origin, have Limited English proficiency (LEP).
28 Recipient understands that denying a person access to its programs, services, and activities
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1 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
2 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient
3 shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure
4 that LEP persons have meaningful access to its programs, services, and activities. Recipient
5 understands and agrees that meaningful access may entail providing language assistance services,
6 including oral interpretation and written translation where necessary, to ensure effective
7 communication in the Recipient's programs, services, and activities.
8 3. Recipient agrees to consider the need for language services for LEP persons when Recipient
9 develops applicable budgets and conducts programs, services, and activities. As a resource, the
10 Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information
11 on taking reasonable steps to provide meaningful access for LEP persons, please visit
12 http://www.lep.gov.
13 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of
14 continued receipt of federal financial assistance and is binding upon Recipient and Subrecipient's
15 successors, transferees, and assignees for the period in which such assistance is provided.
16 5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors,
17 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
18 agrees to incorporate the following language in every contract or agreement subject to Title VI and
19 its regulations between the Recipient and the Subrecipient's sub-grantees, contractors,
20 subcontractors, successors, transferees, and assignees:
21 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
22 comply with Title Vl of the Civil Rights Act of 1964, which prohibits subrecipients of federal
23 financial assistance from excluding from a program or activity, denying benefits of, or
24 otherwise discriminating against a person on the basis of race, color, or national origin (42
25 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title Vl
26 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
27 this contract(or agreement). Title Vl also includes protection to persons with "Limited
28 English Proficiency"in any program or activity receiving federal financial assistance, 42
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1 U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title VI
2 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
3 contract or agreement.
4 6. Recipient understands and agrees that if any real property or structure is provided or improved with
5 the aid of federal financial assistance by the Department of the Treasury, this assurance obligates
6 the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the
7 real property or structure is used for a purpose for which the federal financial assistance is extended
8 or for another purpose involving the provision of similar services or benefits. If any personal property
9 is provided, this assurance obligates the Recipient for the period during which it retains ownership
10 or possession of the property.
11 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of
12 the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration,
13 mediation, litigation, and monitoring of any settlement agreements that may result from these
14 actions. The Recipient shall comply with information requests, on-site compliance reviews and
15 reporting requirements.
16 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any
17 complaints of discrimination on the grounds of race, color, or national origin, and limited English
18 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
19 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
20 completed, including outcome. Recipient also must inform the Department of the Treasury if
21 Recipient has received no complaints under Title VI.
22 9. Recipient must provide documentation of an administrative agency's or court's findings of non-
23 compliance of Title VI and efforts to address the non-compliance, including any voluntary
24 compliance or other agreements between the Recipient and the administrative agency that made
25 the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must
26 provide documentation of the settlement. If Recipient has not been the subject of any court or
27 administrative agency finding of discrimination, please so state.
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1 10. If the Recipient makes sub-awards to other agencies or other entities, the Subrecipient is
2 responsible for ensuring that sub-recipients also comply with Title VI and other applicable
3 authorities covered in this document. State agencies that make sub-awards must have in place
4 standard grant assurances and review procedures to demonstrate that they are effectively
5 monitoring the civil rights compliance of subrecipients.
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7 The United States of America has the right to seek judicial enforcement of the terms of this assurances
8 document, and nothing in this document alters or limits the federal enforcement measures that the United
9 States may take in order to address violations of this document or applicable federal law.
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