HomeMy WebLinkAboutAgreement A-23-021 with The Regents of the UCSF.pdf Agreement No. 23-021
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT
3 THIS AGREEMENT ("Agreement") is made and entered into this 13thday of December , 2022
4 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
5 California ("COUNTY"), and The Regents of the University of California, San Francisco, a public university,
6 whose address is c/o Office of Sponsored Research, 490 Illinois Street, 4th Floor, San Francisco, CA 94143
7 ("SUBRECIPIENT").
8 WITNESSETH:
9 WHEREAS, on March 11, 2021, the President signed into law the American Rescue Plan Act of
10 2021 ("ARPA")which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
11 Program; and
12 WHEREAS, the ARPA authorizes the COUNTY to expend SLFRF awarded to the COUNTY for
13 the following eligible purposes, outlined in the Interim Final Rule and Final Rule as follows (each an
14 "Eligible Use," collectively "Eligible Uses"):
15 (1) To respond to the COVID-19 public health emergency or its negative economic impacts;
16 (2) To respond to workers performing essential work during the COVID-19 public health
17 emergency;
18 (3) For the provision of government services to the extent of the reduction in revenue due to
19 the COVID-19 public health;
20 (4) To make necessary investments in water, sewer, or broadband infrastructure; and
21 WHEREAS, the COUNTY intends to allocate a portion of its SLFRF to SUBRECIPIENT for one or
22 more Eligible Uses; and
23 WHEREAS, under Section 602(c)(3) of the ARPA, the COUNTY may transfer SLFRF to nonprofit
24 organizations for Eligible Uses for the purpose of meeting ARPA's goals; and
25 WHEREAS, COUNTY has determined that the Program to be provided by SUBRECIPIENT is an
26 Eligible Use of SLFRF under the ARPA, in reliance on information provided by SUBRECIPIENT; and
27 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the
28 COUNTY may provide SLFRF to the SUBRECIPIENT for appropriate and qualifying expenditures, as
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1 permitted under the Interim Final Rule and Final Rule.
2 WHEREAS, COUNTY, through its Department of Public Health, is in need of vendors for its Rural
3 Mobile Health program to identify gaps in healthcare among residents living in Fresno County's rural areas,
4 provide screening, immunization, and connect patients to community services and primary care doctors
5 ("Program"); and
6 WHEREAS, COUNTY, has determined that vulnerable populations in the rural areas have
7 consistently been disproportionally impacted due to a lack of medical services available in the rural areas;
8 and
9 WHEREAS, SUBRECIPIENT, is providing COVID-19 vaccination and testing, flu vaccination, and
10 administering COVID-19 therapeutics to COUNTY residents through Department Agreement D-21-130 and
11 Board Agreement A-22-378; and
12 WHEREAS, SUBRECIPIENT, has the largest physician training program in the Central Valley that
13 will teach physicians to work with the underserved populations in the rural areas while rotating through
14 Rural Mobile Health;
15 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
16 contained, the parties hereto agree as follows:
17 1. GENERAL OBLIGATIONS
18 A. SUBRECIPIENT shall perform all services and fulfill all responsibilities identified
19 in Exhibit A, Scope of Work, attached hereto and by this reference incorporated herein.
20 B. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
21 Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are true and
22 correct, and that COUNTY may rely upon each of those representations in granting the SLFRF to
23 SUBRECIPIENT under this Agreement.
24 C. SUBRECIPIENT acknowledges that the SLFRF granted under this Agreement are
25 a subaward of SLFRF to carry out the Program.
26 D. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this
27 award may only be spent on Eligible Uses in compliance with the ARPA, the United States Department
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1 of the Treasury ("TREASURY") regulations implementing section 602 of the ARPA, and guidance issued
2 by the TREASURY regarding the foregoing.
3 E. SUBRECIPIENT shall abide by local and state pandemic guidelines in place at
4 any given time during the pandemic response and shall make every reasonable effort to follow safe and
5 appropriate public health protection measures to minimize risk of exposures.
6 F. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible
7 to ensure that SLFRF granted under this Agreement are spent in compliance with all ordinances of the
8 County of Fresno, and laws of the State of California, and all laws of the federal government. This
9 includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative
10 Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 Code of Federal
11 Regulations (CFR) Part 200, the TREASURY's Compliance and Reporting Guidance: State and Local
12 Fiscal Recovery Funds ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35
13 Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for
14 expenditures before April 1, 2022) and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or
15 later), and any subsequent updates, including TREASURY's Frequently Asked Questions. The award
16 terms and conditions required by the TREASURY are set forth in Exhibit E, which is attached and
17 incorporated by this reference, as provided by the TREASURY. Notwithstanding anything provided in
18 Section 8 of this Agreement, or in this Subsection 1(F), SUBRECIPIENT has the sole responsibility for
19 compliance under this Section 1(F).
20 G. In addition to billing COUNTY for services, if SUBRECIPIENT has the opportunity
21 to bill patients' private medical insurance and/or other governmental program for services, including, but
22 not limited to Medicare, Medicaid, Medi-Cal, and/or the Health Resources and Services Administration
23 (HRSA), COUNTY expects that SUBRECIPIENT will explore such opportunities.
24 H. SUBRECIPIENT agrees that if SUBRECIPIENT receives SLFRF from any other
25 local or state entity for all or any part of the Program for which SUBRECIPIENT has received SLFRF
26 from COUNTY under this Agreement, the SUBRECIPIENT shall contact COUNTY in writing within five
27 (5) business days. SUBRECIPIENT agrees that it may be required to return all or part of the SLFRF
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1 received from the COUNTY if the total amount of SLFRF from all local and state entities exceeds the
2 Program's budget, and if SUBRECIPIENT does not intend to expand the Program.
3 I. None of the personnel employed in the administration of the Program shall be in
4 any way, or to any extent engaged in, the conduct of political activities prohibited by Chapter 15 of Title
5 5, U.S. Code, as applicable.
6 J. None of the SLFRF to be paid under this Agreement shall be used for any
7 partisan political activity, or to support or defeat legislation pending before Congress.
8 K. SUBRECIPIENT shall require its subcontractors pursuant to this Agreement to
9 indemnify the COUNTY as set forth in the first paragraph of section nine (9); to carry insurance, naming
10 the County of Fresno as additional insured and provide a waiver of subrogation for workers'
11 compensation as set forth in section ten (10), including and not limited to the additional requirements
12 relating to insurance requirements of this Agreement; to comply with the invoicing and documentation
13 provisions, as set forth in section five (5) of this Agreement; to pay back to COUNTY advance payments
14 deemed in excess of actual costs, as determined by the COUNTY; to comply with the Audits and
15 Inspections provisions, as set forth in section eleven (11) of this Agreement; to comply with the Health
16 Insurance Portability and Accountability Act provisions, as set forth in section twelve (12) of this
17 Agreement; to comply with the Non-Discrimination provisions, as set forth in section fourteen (14) of this
18 Agreement; and to comply with the Single Audit Clause provisions, as set forth in section fifteen (15) of
19 this Agreement.
20 L. COUNTY shall provide guidance and assistance in the determination and
21 implementation of safe and appropriate public health practices.
22 M. COUNTY shall collaborate on media communication and public messages to
23 ensure cohesive, unified messaging.
24 N. COUNTY shall review and approve all survey and assessment tools developed
25 for use among the public. All data collected and developed during the performance of this Agreement
26 shall be owned by COUNTY, however, SUBRECIPIENT may retain copies of all data. COUNTY shall
27 review and approve publications of data prior to public release to ensure data integrity and
28 confidentiality.
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1 2. PROCUREMENT REQUIREMENTS
2 A. SUBRECIPIENT shall comply with all procurement requirements specified in the
3 Uniform Guidance, including, but not limited to, 2 CFR Part 200 et. seq.
4 B. SUBRECIPIENT shall take all necessary affirmative steps to assure that minority
5 businesses, women's business enterprises, and labor surplus area firms are used when possible, when
6 procuring goods and services under this Agreement, including the affirmative steps described in 2 CFR §
7 200.321.
8 C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a
9 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
10 States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
11 3. REPORTING REQUIREMENTS
12 A. Monthly Program Expenditure Report: SUBRECIPIENT shall work with
13 COUNTY to create an appropriate reporting mechanism in accordance with the scope of work attached
14 hereto as Exhibit A. SUBRECIPIENT shall submit monthly reports by the twenty-fifth (25t") working day
15 following the prior month's services. The reports shall contain, but not be limited to, the information
16 described in Exhibits B, which is attached and incorporated by this reference, and must include a
17 statement, signed by the SUBRECIPIENT, indicating that all expenditures in the report comply with the
18 Interim Rule and the Final Rule, as applicable, and ARPA guidelines for the SLFRF, as set forth by the
19 TREASURY.
20 B. Annual Performance Report: Within fifteen (15) days after each June 30,
21 SUBRECIPIENT shall submit one "Annual Performance Report" to the COUNTY, covering all
22 performance by the SUBRECIPIENT under this Agreement for the fiscal year ending that June 30. The
23 report shall contain, but not limited to, the information contained in Exhibit C, which is attached and
24 incorporated by this reference.
25 C. Final Report: A Final Program Report shall be submitted to COUNTY within thirty
26 (30) days upon completion of the Program. A Final Report shall include an accounting of all costs and
27 expenses incurred by SUBRECIPIENT, and any other information as the COUNTY deems necessary to
28 facilitate closeout of the Program and ensure that the COUNTY's obligations and requirements under
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1 the SLFRF Program are met. The Final Program Report is not complete until COUNTY has delivered to
2 SUBRECIPIENT written acceptance of the Final Program Report.
3 4. NONDISCRIMINATION
4 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
5 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
6 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
7 employee, applicant for employment or person receiving services under this Agreement because of race,
8 religious creed, color, national origin, ancestry, physical or mental disability including perception of
9 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
10 sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military
11 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
12 shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination
13 and equal opportunity, including, without limitation, the COUNTY's non-discrimination policy; Title VI of the
14 Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at
15 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under
16 programs or activities receiving federal financial assistance; The Fair Housing Act, Title VI II of the Civil
17 Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis
18 of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act
19 of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at
20 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving
21 federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42
22 U.S.C. sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
23 activities, and services provided or made available by state and local governments or instrumentalities or
24 agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.);
25 California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as
26 amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of
27 Federal Regulations.
28 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
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1 this Section 4 in all subcontracts to perform work under this Agreement.
2 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
3 opportunity to express, and have considered, their views, grievances, and complaints regarding
4 SUBRECIPIENT's delivery of services.
5 5. CONFLICTS OF INTEREST; ETHICS
6 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
7 policy consistent with 2 CFR § 200.318(c), and that such conflict-of-interest policy is applicable to each
8 activity funded under this award. Subrecipient must disclose in writing to the TREASURY and to COUNTY
9 any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR § 200.12. Further,
10 no officer, agent, or employee of SUBRECIPIENT may seek or accept any gifts, service, favor,
11 employment, engagement, remuneration, or economic opportunity which would tend to improperly influence
12 a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that
13 position.
14 B. No officer, agent, or employee of SUBRECIPIENT may use his or her position to
15 secure or grant any unwarranted privilege, preference, exemption, or advantage for himself or herself, any
16 member of his or her household, any business entity in which he or she has a financial interest, or any
17 other person.
18 C. No officer, agent, consultant, or employee of SUBRECIPIENT may participate as an
19 agent of SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT and any
20 private business in which he or she has a financial interest.
21 D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any
22 report or other document because it might tend to affect unfavorably his or her private financial interests.
23 E. No officer, agent, consultant, employee, or elected or appointed official of the
24 COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any
25 contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for himself or
26 herself, or for those whom he or she has family or business ties, during his or her tenure, or for one year
27 thereafter, for any of the work to be performed pursuant to the Program.
28 6. REQUIRED LICENSES, CERTIFICATES, AND PERMITS
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1 A. Any licenses, certificates or permits required by the federal, state, county, or municipal
2 governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A
3 must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this
4 Agreement.
5 B. SUBRECIPIENT must maintain such licenses, certificates and permits in full force and
6 effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses, professional
7 licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and
8 maintained by SUBRECIPIENT at no expense to the COUNTY.
9 C. SUBRECIPEINT must show proof of established "indirect cost rates," as defined by
10 the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (5
11 U.S.C. 301; 2 CFR 200)with either the Federal Government, or a final negotiated "indirect cost rate" with
12 COUNTY that complies with the Uniform Guidelines within 3 months of receipt of SLFRF.
13 7. OFFICE SPACE, SUPPLIES, EQUIPMENT, AND OPERATING OVERHEAD
14 A. SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference
15 materials, and telephone service necessary for SUBRECIPIENT to provide the services and operate the
16 Program identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay
17 SUBRECIPIENT for any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such
18 items. Responsibility for the costs and expenses incurred by SUBRECIPIENT in providing and maintaining
19 such items is the sole responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall
20 comply with the Uniform Cost Administrative Principles, and Audit Requirements for Federal Awards.
21 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY
22 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with
23 TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic
24 reports to TREASURY.
25 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY for
26 SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF program,
27 SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as applicable, and
28 reporting requirements, as applicable.
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1 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
2 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
3 Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve
4 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
5 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to
6 TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
7 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.
8 9. PENALTIES
9 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
10 described herein, may result in the TREASURY's recoupment of SLFRF from the COUNTY, and that in
11 such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
12 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
13 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY
14 may impose additional conditions, as described in 2 CFR § 200.208. If the COUNTY determines that
15 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
16 of the following actions, as appropriate in the circumstances:
17 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
18 refund SLFRF upon demand by COUNTY.
19 B. Temporarily withhold cash payments pending correction of the deficiency by
20 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
21 C. Disallow (that is, deny both use of funds and any applicable matching credit for) all
22 or part of the cost of the activity or action not in compliance;
23 D. Wholly or partly suspend or terminate the SLFRF subaward;
24 E. Recommend the TREASURY initiate suspension or debarment proceedings;
25 F. Withhold further SLFRF for the Program; and
26 G. Take other remedies that may be legally available.
27 10. FINANCIAL MANAGEMENT
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1 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
2 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
3 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
4 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
5 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
6 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
7 accounts that correspond to each such authorized use provided further that such separate accounts are
8 subject to this Section 10(A), and are segregated and identified by a unique identifier. In no event shall
9 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
10 or charge.
11 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
12 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
13 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
14 Uniform Guidance requirements apply or how they apply.
15 C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement
16 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
17 Eligible Uses of SLFRF, and shall document all funding decisions. Upon request by COUNTY, the
18 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to
19 the COUNTY.
20 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
21 recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than
22 seven hundred fifty thousand dollars and no cents ($750,000) of Federal funds during that reporting
23 period. If SUBRECIPIENT submits a letter stating it expended less than seven hundred fifty thousand
24 dollars and no cents ($750,000) in Federal funds, SUBRECIPIENT shall provide a recent financial
25 statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial
26 accountability submissions shall be provided to County of Fresno, Department of Public Health, 6t"
27 Floor, 1221 Fresno St, Fresno, CA 93721, Attention: Business Office, or electronically to e-mail address
28 DPHBOAP(a)-fresnocountyca.gov.
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1 E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred,
2 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
3 transaction by any federal department or agency. This certification is made pursuant to the regulations
4 implemented by 2 CFR Part 200, Subpart 200.214, Debarment and Suspension, and any relevant
5 program-specific regulations. This provision shall be required of every subcontractor receiving any
6 payment in whole or in part from Federal funds.
7 F. SUBRECIPIENT shall record all costs of the Program by budget line items, which
8 shall be supported by adequate source documentation, including payroll ledgers, time records, invoices,
9 contracts, vouchers, orders, and other accounting documents evidencing in proper detail the nature and
10 propriety of all costs. At any time during normal business hours, SUBRECIPIENT's financial transactions
11 with respect to the Program may be audited by the COUNTY or independent auditors contracted by the
12 COUNTY, or any combination thereof. The representatives of the auditing agency or agencies shall
13 have access to all books, documents, accounts, records, reports, files, papers, things, property,
14 contractors of program services, and other persons pertaining to such financial transactions and
15 necessary to facilitate the audit.
16 G. Copies, excerpts, or transcripts of all of the books, documents, papers, and
17 records, including invoices, payroll registers, time records, contracts, and accounting documents
18 concerning matters that are reasonably related to the Program shall be provided upon request to the
19 COUNTY.
20 H. Expenditures eligible for reimbursement from the SLFRF are described in Exhibit
21 B, which is attached and incorporated by this reference. SUBRECIPIENT shall not make any changes in
22 the line-item expenditures in Exhibit B without prior written approval of the COUNTY.
23 I. No cash reimbursement for purchases of any kind is allowable.
24 11. TERM
25 The term of this Agreement shall comply with ARPA Guidelines, and shall be for a period of two (2)
26 years, commencing on December 13, 2022 through and including November 12, 2024. This Agreement
27 may be extended for one (1) additional consecutive twelve (12) month period upon written approval of both
28 parties no later than the last day of the current term. The Director of the Department of Public Health or his
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1 or her designee is authorized to execute such written approval on behalf of COUNTY based on
2 CONTRACTOR'S satisfactory performance.
3 Notwithstanding timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF
4 to cover costs incurred during the time period set forth by the TREASURY. The COUNTY's written
5 acceptance of the Final Program Report under Section 3(C) of this Agreement shall include the COUNTY's
6 written notification to the SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The
7 Director of the Department of Public Health or his or her designee is authorized to execute this written
8 acceptance of the Final Program Report and notification of term end to SUBRECIPIENT.
9 12. TERMINATION
10 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
11 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
12 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
13 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT sixty (60)
14 days advance written notice.
15 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
16 Agreement in whole or in part, where in the determination of the COUNTY there is:
17 1) An illegal or improper use of funds;
18 2) A failure to comply with any term of this Agreement;
19 3) A substantially incorrect or incomplete report submitted to the COUNTY;
20 4) Improperly performed service.
21 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
22 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
23 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
24 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
25 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
26 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
27 shall promptly refund any such SLFRF upon demand.
28 C. Without Cause: Under circumstances other than those set forth above, this
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1 Agreement may be terminated by COUNTY by giving sixty(60) days advance written notice of an intention
2 to terminate to SUBRECIPIENT.
3 13. GRANT FUNDING/COMPENSATION
4 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
5 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to grant
6 SUBRECIPIENT, and SUBRECIPIENT agrees to receive such grants, up to the total SLFRF grant, in an
7 amount not to exceed Four Million One Hundred Forty-Four Thousand Nine Hundred Ninety-Two and
8 50/100 Dollars ($4,144,992.50) during the term of this Agreement.
9 SUBRECIPIENT shall submit written drawdown requests monthly for the payment of eligible
10 necessary expenses in support of the Program. Drawdown requests for the COUNTY to make a such
11 payment shall be in accordance with the sample Drawdown Request Form, attached as Exhibit B, and
12 incorporated by this reference. Drawdowns requests shall detail purchase orders, receipts, and
13 reimbursement requests, detailing items purchased, and expenses incurred in support of the Program for
14 items listed in Exhibit B of this Agreement. Requests should include supporting cost documentation such
15 as payroll records, equipment/supply invoices, lease payment, payment records for
16 marketing/education/outreach costs, utility/janitorial payments, mileage records if applicable.
17 SUBRECIPIENT shall submit documentation to the County of Fresno, Department of Public Health,
18 6' Floor, 1221 Fresno St, Fresno, CA 93721, Attention: Business Office or electronically, to e-mail address
19 DPHBOAP(u_fresnocountyca.gov. Payment by COUNTY shall be in arrears for services provided during
20 the preceding period of time, within forty-five (45) days from date of receipt, verification and approval of
21 SUBRECIPIENT's invoice and supporting documentation by COUNTY. If SUBRECIPIENT fails to comply
22 with any provision of this Agreement, COUNTY shall be relieved of its obligations for further compensation.
23 B. To ensure compliance with Federal and State regulations, COUNTY may require
24 additional supporting documentation or clarification of claimed expenses 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 to avoid disallowances/partial payment of invoice.
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1 iii. All invoices containing expenses that need additional documentation or
2 clarification not provided to COUNTY within five (5) business days of request shall have those expenses
3 disallowed, and only the allowed expenses shall be paid.
4 iv. SUBRECIPIENT may resubmit disallowed expenses as a supplemental invoice
5 only, and must be accompanied by required documentation.
6 C. All expenses incidental to SUBRECIPIENT'S performance of services in carrying out
7 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
8 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
9 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
10 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
11 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
12 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT. County
13 has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
14 14. INDEPENDENT CONTRACTOR
15 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
16 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
17 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
18 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
19 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
20 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
21 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
22 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
23 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
24 regulations, if any, of governmental authorities having jurisdiction over all matters subject thereto.
25 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right
26 to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable
27 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
28 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
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1 to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all
2 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
3 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
4 15. MODIFICATION
5 Any matters of this Agreement may be modified from time to time by the written consent of all the
6 parties without, in any way, affecting the remainder.
7 Notwithstanding the above, changes to object level in the budget, attached hereto as Exhibit B, that
8 do not exceed ten percent (10%)of the maximum compensation payable to SUBRECIPIENT may be made
9 with written approval of COUNTY Department of Public Health Director or designees. Said budget object
10 level changes shall not result in any change to the maximum compensation amount payable to
11 SUBRECIPIENT, as stated herein.
12 16. NON-ASSIGNMENT
13 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
14 this Agreement without the prior written consent of the other party.
15 17. HOLD HARMLESS
16 To the extent allowed under applicable laws, SUBRECIPIENT agrees to indemnify, save, hold
17 harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from
18 any and all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and
19 losses occurring or resulting to COUNTY arising out of the performance of this Agreement, but only in
20 proportion and to the extent that such costs and expenses, penalties, fines, damages, liabilities, claims,
21 and losses are caused by or result from the negligent or intentional acts of SUBRECIPIENT, its officers,
22 agents, and employees. To the extent allowed under applicable laws, COUNTY agrees to indemnify,
23 save, hold harmless, defend SUBRECIPIENT, its officers, agents, and employees from any and all costs
24 and expenses (including reasonable attorney's fees and costs), damages, liabilities, claims, and losses
25 occurring or resulting to SUBRECIPIENT arising out of the performance of this Agreement, but only in
26 proportion and to the extent that such costs and expenses, penalties, fines, damages, liabilities, claims,
27 and losses are caused by or resulting from the negligent or intentional acts of COUNTY, its officers,
28 employees, and agents.
15
1 SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
2 TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this
3 Agreement.
4 The provisions of this Section 17 shall survive the termination or expiration of this Agreement.
5 18. INSURANCE
6 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
7 parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
8 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
9 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
10 A. Commercial General Liability
11 Commercial General Liability Insurance with limits of not less than Two Million Dollars
12 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
13 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
14 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
15 liability or any other liability insurance deemed necessary because of the nature of this contract.
16 B. Automobile Liability
17 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
18 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
19 used in connection with this Agreement.
20 C. Professional Liability
21 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
22 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
23 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
24 SUBRECIPIENT agrees that it shall maintain, at its sole expense, in full force and effect for a period of
25 three (3) years following the termination of this Agreement, one or more policies of professional liability
26 insurance with limits of coverage as specified herein.
27 D. Worker's Compensation
28 A policy of Worker's Compensation insurance as may be required by the Labor Code.
16
1 E. Molestation
2 Sexual abuse/molestation liability insurance with limits of not less than Two Million Dollars
3 ($2,000,000.00) per occurrence. Four Million Dollars ($4,000,000.00) annual aggregate. This policy
4 shall be issued on a per occurrence basis.
5 F. Cyber Liability
6 Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim,
7 $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as
8 is undertaken by SUBRECIPIENT in this Agreement and shall include, but not limited to, claims
9 involving infringement of intellectual property, including but not limited to infringement of copyright,
10 trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of
11 electronic information, release of private information, alteration of electronic information, extortion and
12 network security. The policy shall provide coverage for breach response costs as well as regulatory
13 fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these
14 obligations.
15 Additional Requirements Relating to Insurance
16 SUBRECIPIENT's Commercial General Liability insurance shall name the County of Fresno, its
17 officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the
18 operations under this Agreement are concerned. Such coverage for additional insured shall apply as
19 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents
20 and employees shall be excess only and not contributing with insurance provided under SUBRECIPIENT's
21 policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days
22 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,
17
1 SUBRECIPIENT shall provide certificates of insurance as stated above for all of the foregoing policies, as
2 required herein, to the County of Fresno, Department of Public Health, P.O. Box 11867, Fresno, CA
3 93775, Attention: Contracts Section—6th Floor or electronically, to e-mail address
4 DPHContracts(a)_fresnocountyca.gov, stating that such insurance coverages have been obtained and are in
5 full force; that the County of Fresno, its officers, agents and employees will not be responsible for any
6 premiums on the policies; that for such worker's compensation insurance the SUBRECIPIENT has waived
7 its right to recover from the COUNTY, its officers, agents, and employees any amounts paid under the
8 insurance policy and that waiver does not invalidate the insurance policy; that such Commercial General
9 Liability insurance names the County of Fresno, its officers, agents and employees, individually and
10 collectively, as additional insured, but only insofar as the operations under this Agreement are concerned;
11 that such coverage for additional insured shall apply as primary insurance and any other insurance, or
12 self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not
13 contributing with insurance provided under SUBRECIPIENT's policies herein; and that this insurance shall
14 not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to
15 COUNTY.
16 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
17 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
18 Agreement upon the occurrence of such event.
19 19. RECORDKEEPING AND CONFIDENTIALITY
20 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
21 must maintain records and financial documents for five (5) years after all SLFRF have been expended or
22 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
23 TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is
24 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
25 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
26 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
27 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
28 disclosure pursuant to the California Consumer Privacy Act (CCPA) to ensure against a breach of
18
1 security of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have
2 established written policies and procedures that align with CCPA, and shall follow such procedures.
3 Upon request, SUBRECIPIENT shall make available to COUNTY staff such written policies and
4 procedures, and shall be monitored for compliance.
5 20. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
6 COUNTY and CONTRACTOR each consider and represent themselves as covered entities
7 as defined by the U.S. Health Insurance Portability and Accountability Act of 1996, Public Law 104-191
8 (HIPAA) and agree to use and disclose Protected Health Information (PHI) as required by law.
9 COUNTY and CONTRACTOR acknowledge that the exchange of PHI between them is only
10 for treatment, payment, and health care operations.
11 COUNTY and CONTRACTOR intend to protect the privacy and provide for the security of
12 PHI pursuant to the Agreement in compliance with HIPAA, the Health Information Technology for
13 Economic and Clinical Health Act, Public Law 111-005 (HITECH), and regulations promulgated
14 thereunder by the U.S. Department of Health and Human Services (HIPAA Regulations) and other
15 applicable laws.
16 As part of the HIPAA Regulations, the Privacy Rule and the Security Rule require
17 CONTRACTOR to enter into a contract containing specific requirements prior to the disclosure of PHI, as
18 set forth in, but not limited to, Title 45, Sections 164.314(a), 164.502(e) and 164.504(e) of the Code of
19 Federal Regulations.
20 21. AUDITS AND INSPECTIONS
21 A. SUBRECIPIENT shall, at anytime during business hours, and as often as the
22 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
23 with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
24 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
25 SUBRECIPIENT'S compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
26 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
27 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
28 reviewing entity deems to be appropriate in order to determine:
19
1 1) Whether the objectives of the Program are being achieved;
2 2) Where the Program is being operated in an efficient and effective
3 manner;
4 3) Whether management control systems and internal procedures have
5 been established to meet the objectives of the Program;
6 4) Whether the financial operations of the Program are being conducted
7 properly;
8 5) Whether the periodic reports to the COUNTY contain accurate and
9 reliable information;
10 6) Whether all of the activities of the Program are conducted in compliance
11 with the provisions of state and federal laws and regulations and this
12 Agreement; and
13 7) Whether all activities associated with the Program are in compliance with
14 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
15 Guidance, and any subsequent guidance issued by TREASURY.
16 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
17 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
18 by the COUNTY or its designees, and the TREASURY, for five (5) years following termination of this
19 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
20 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
21 to promptly reimburse the COUNTY for such payments upon request.
22 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
23 than Seven Hundred Fifty Thousand Dollars ($750,000) in Federal awards during a fiscal year,
24 SUBRECIPIENT shall be subject to an audit under the Single Audit Act and its implementing regulation at
25 2 CFR Part 200, Subpart F, regarding audit requirements. SUBRECIPIENT shall submit said audit and
26 management letter to COUNTY. The audit must include a statement of findings or a statement that there
27 were no findings. If there were negative findings, SUBRECIPIENT must include a corrective action plan
28 signed by an authorized individual. SUBRECIPIENT agrees to take action to correct any material non-
20
1 compliance or weakness found as a result of such audit. Such audit shall be delivered to COUNTY'S DPH
2 Administration for review within nine (9) months of the end of any fiscal year in which funds were
3 expended and/or received for the program. Failure to perform the requisite audit functions as required by
4 this Agreement may result in COUNTY performing the necessary audit tasks, or at the COUNTY'S option,
5 contracting with a public accountant to perform said audit, or, may result in the inability of COUNTY to
6 enter into future agreements with SUBRECIPIENT.
7 D. A single audit report is not applicable if all SUBRECIPIENT'S Federal contracts do not
8 exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or SUBRECIPIENT'S federal
9 funding is through Drug Medi-Cal.
10 22. NOTICES
11 The persons and their addresses having authority to give and receive notices under this Agreement
12 include the following:
13 COUNTY SUBRECIPIENT
14 Director, County of Fresno The Regents of the University of California,
Department of Public Health San Francisco
15 P.O. Box 11687 Attn: Kenny Banh, MD
Fresno, CA 93775 115 N. Fresno St.
16 DPHContracts@fresnocountyca.gov Fresno, CA 93701
Kenny.Banh(a-)_ucsf.edu
17 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
18 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
19 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
20 personal service is effective upon service to the recipient. A notice delivered by first-class United States
21 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
22 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
23 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
24 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
25 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
26 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
27 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
28 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
21
1 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
2 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
3 beginning with section 810).
4 23. GOVERNING LAW
5 The rights and obligations of the parties and all interpretation and performance of this Agreement
6 shall be governed in all respects by the laws of the State of California.
7 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
8 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
9 or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status
10 to operate as a corporation.
11 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing transactions
12 that they are a party to while SUBRECIPIENT is providing goods or performing services under this
13 agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party
14 and in which one or more of its directors has a material financial interest. Members of the Board of
15 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
16 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and incorporated herein by
17 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
18 immediately thereafter.
19 25. ELECTRONIC SIGNATURES
20 The parties agree that this Agreement may be executed by electronic signature as provided in
21 this section. An "electronic signature" means any symbol or process intended by an individual signing
22 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
23 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
24 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
25 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
26 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
27 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
28 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
22
1 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
2 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
3 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
4 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
5 conditioned upon the parties conducting the transactions under it by electronic means and either party
6 may sign this Agreement with an original handwritten signature.
7 26. SEVERABILITY
8 The positions of this Agreement are severable. The invalidity or unenforceability of any one
9 provision in the Agreement shall not affect the other provisions.
10 27. ENTIRE AGREEMENT
11 This Agreement, including all exhibits, 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, the inconsistency
15 shall be resolved by giving precedence in the following order of priority: (1)the text of this Agreement
16 (excluding exhibits) and (2)the exhibits attached hereto. Notwithstanding this provision, any additional
17 requirements and/or guidelines set forth by the TREASURY regarding the uses and reporting
18 requirements for ARPA SLFRF after the execution of this Agreement shall be understood to be
19 integrated into this Agreement, and binding on the parties.
20 //
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3 SUBRECIPIENT COUNTY OF FRESNO
4 too"
5 Catherine Lagaide, Contracts Officer S Q ro, hairman of the Board of
The Regents ofthe University of S erv' rs o he County of Fresno
6 California, San Francisco
7
8 ATTEST:
Mailing Address: Bernice E. Seidel
9 University of California, San Francisco Clerk of the Board of Supervisors
490 Illinois Street, 4ch Floor County of Fresno, State of California
10 Campus Box 0962
11 San Francisco, CA 94143
12
13 By:
Deputy
14 FOR ACCOUNTING USE ONLY:
15 Fund: 0001
16 Subclass: 10000
17 ORG: 56201018, 56201019
18 Account:7295
19
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Exhibit A
SCOPE OF WORK
The County of Fresno (County) Department of Public Health (DPH) is in need of vendors to identify
gaps in health care among residents living in Fresno County's rural areas, connecting patients to
community services and a primary care doctor.Licensed and unlicensed medical staff(Registered
Nurses, Licensed Vocational Nurses and Medical Assistants or Certified Nursing Assistants with valid
licensure and/or certification in the State of California) and clerical staff will need to organize and
conduct clinics that will provide communicable disease and chronic disease screenings, immunizations,
preventative care, treatment, and linkage for patients to a primary care clinic. Clinics will be held
through employers or through community medical clinic/vaccination events that may be open to the
general public.
The vendor will work with County staff to determine the size, date and time of the clinic request. Lead
time to clinic scheduling will be 5 days—4 weeks. The County anticipates 16 to 20 clinics per month,
providing services to approximately 200 patients per clinic. Clinic times will vary as follows:
Mobile Clinic
• Mobile clinics are intended to operate a minimum of 4 days per week, any day of the week,
including weekends and evenings.
• Clinic hours will vary from 4—8 hours depending on event needs.
• Approximately 200 patients reached per day (may be over multiple locations).
• Events may be held inside, outside or as a drive thru.
• Events may be located anywhere within Fresno County rural areas and disadvantaged
communities.
• Vendor will be required to work with the venue host to determine if the vendor will need to
provide tables, chairs,popup tents, etc.
• Optional: Vendor may make direct payment to venue for any rental costs.
The County will provide the following_
• Venue and direct payment to venue for any rental costs.
• Clinic date, time, location and venue contact information.
• County will work with the vendor to develop an aggregate monthly report that demonstrates the
type of services provided,patient demographics, location, and number of unique patients per
event.
• County will work with the vendor to identify the appropriate reporting mechanism and access to
data to assess emergency room utilization and primary care access for rural mobile health
patients.
The Vendor will be responsible for the following_
Page 1 of 4
Exhibit A
• Vendor will provide screening for communicable diseases including but not limited to Influenza,
COVID-19, and certain sexually transmitted diseases identified by County.
o Providers are expected to follow the standard of care for follow-up/treatment of abnormal
test results.
• Vendor will be a COVID-19 test to treat site.
• Vendor shall follow all applicable State and Federal pharmaceutical regulations.
• Vendor shall follow all applicable Clinical Laboratory Improvement Amendments (CLIA).
• Vendor will provide screening for chronic conditions including but not limited to diabetes and
high blood pressure.
• Vendor may provide refills of certain medications to prevent emergency room utilization
• Vendor will provide immunizations.
• Vendor will provide treatment of minor injuries.
• Vendor shall offer referral services in connecting patients to a primary care clinic.
• In addition to billing County for services, if vendor has the opportunity to bill patients' private
medical insurance and/or other governmental programs for services, including,but not limited to
Medicare, Medicaid, Medi-Cal, and/or the Health Resources and Services Administration
(HRSA), County expects that vendor will explore such opportunities.
• Vendor shall provide monthly aggregate data as required by County.
• Vendor will collaborate with County to collect data of its rural mobile health patients to assess
emergency room utilization and primary care access throughout duration of the agreement.
Vendor's Responsibilities Regarding_ COVID-19 Vaccinations
• County prefers vendor to enroll as a Provider in the federal COVID-19 Vaccination Program,
utilizing the California Department of Public Health's (CDPH) COVIDReadi portal and agree
and adhere to all requirements specified in the Provider agreement. If provider is not currently an
approved California COVID vaccine provider, then provider must adhere to all COVID vaccine
handling and reporting requirements established by the State of California.
• Vendor shall enter all immunizations administrations into the appropriate State system within 24
hours of administration.
• Vendor is to provide all office supplies, ancillary medical supplies not included with vaccine,
PPE, tables, chairs, tents, etc., when needed.
• Vaccine will be transferred according to CDC or VFC recommendations, such as noted in the
CDC's Vaccine Storage and Handling Toolkit, linked here:
https://www.cdc.gov/vaccines/hcp/admin/storage/toolkit/index.html
• Return unused/unopened vaccines to DPH the day of the event, or the day following, as directed
by DPH when scheduling each event (to be determined prior to each event). However, with
County's permission, vendor may retain unused vaccine for use on the following clinic date
provided vendor has appropriate cold storage capacity and the vaccine will not have expired per
manufacturer guidelines.
Page 2 of 4
Exhibit A
• If vendor has vaccine that may expire before it can be used at an upcoming vendor event, vendor
will work with the County to ensure any surplus or short-dated doses are transferred to an
approved provider in a timely manner.
• Document and notify DPH of any wasted vaccine doses.
• Staff in charge of storage and handling, will complete the 7 EZIZ training modules at the
following website: https://eziz.org/eziz-training/
• Per federal regulations, vendor is required to provide the appropriate EUA document to all
vaccine recipients:
o Pfizer: hitps://www.fda.gov/media/144414/download
o Moderna: htt2s://www.fda.gov/media/144638/download
O Janssen: Janssen COVID-19 Vaccine EUA Fact Sheet for Recipients and Caregivers(fda.gov)
• COVID-19 vaccination providers are required to report the following adverse events after
COVID-19 vaccination, and other adverse events if later revised by CDC, to VAERS:
https://vaers.hhs. og v/reportevent.html or calling 1-800-822-7967.
• Vaccination administration errors, whether or not associated with an adverse event
• Severe COVID-19 illness (e.g., resulting in hospitalization)
• Serious adverse events (AE) regardless of causality. Serious AEs are defined as:
o Death
o A life-threatening AE
o Inpatient hospitalization or prolongation of existing hospitalization
o Persistent or significant incapacity or substantial disruption of the ability to
conduct normal life functions
o A congenital anomaly/birth defect
o Multisystem Inflammatory Syndrome
�ospitalization
Important medical events that may not result in death,be life-threatening, or require
may be considered serious when, based upon appropriate medical judgment,
they may jeopardize the patient and may require medical or surgical intervention to prevent
one of the outcomes listed above
• Also report any additional select adverse events and/or any revised safety reporting requirements
per FDA's conditions of authorized use of vaccine(s)throughout the duration of any COVID-19
vaccine being authorized under an Emergency Use Authorization(EUA).
• Vendor must make provision for patients with a history of anaphylaxis (due to any cause)to
remain for observation for 30 minutes. For all other persons, observation period is 15 minutes.
• In the event of anaphylactic reaction, vendor must maintain appropriate emergency equipment at
the event to manage anaphylaxis resulting from vaccination. See CDC recommended equipment
linked here: htlps://www.ede.gov/vaceines/covid-19/info-by-product/Tfizer/angphylaxis-
management.html. Equipment supply should be sufficient to manage multiple patients
experiencing anaphylaxis.
Vendor shall submit invoices to:
County of Fresno Department of Public Health
1221 Fresno Street, 6th fl. (Business Office)
Fresno, CA 93721
Page 3 of 4
Exhibit A
DPHBOAPkfresnocog ca._ov
KEY RESOURCES
• CDC's Storage and Handling Toolkit
• CDC's COVID-19 Vaccination Information Pafze
Page 4 of 4
The Regents of the University of California, Exhibit B
San Francisco
Subrecipient Expenditure Plan
Budget:December 2022 through November 2024 Total
Personnel
Med Director,Asst Medical Director,Associate Dean 0.85 $ 644,122.00
Project Manager $ 204,225.00
Physician coverage 0.15 FTE $ 63,380.00
Clinical Manager $ 183,099.00
Nurse#1 $ 128,349.00
Midlevel Provider#1 $ 391,806.00
Comm Support 0.2 $ 25,462.00
Operations Coordinator#1 $ 122,000.00
IT Support 0.2 FTE $ 25,463.00
Finance Support $ 16,901.00
Medical Assistant#1 $ 94,592.00
Medical Assistant#2 $ 94,592.00
Medical Assistant#3 $ 94,592.00
Medical Assistant#4 $ 94,592.00
Medical Assistant#5 $ 94,592.00
Personnel Sub-Total $ 2,277,767.00
Fringe $ 842,008.00
Total Personnel $ 3,119,775.00
Operating Costs
IT equipment $ 30,000.00
Lab equipment $ 80,000.00
Insurance $ 110,000.00
Facility/Rent/RV Storage $ 192,000.00
Clinic Supplies/PPE $ 48,000.00
Shipping-testing $ 50,000.00
Connectivity&Internet $ 50,000.00
EMR license/support $ 40,000.00
Office Supplies $ 8,000.00
Fuel $ 6,000.00
Mileage $ 12,000.00
UCSF Network Costs $ 20,000.00
GAEL $ 2,400.00
Total Operating $ 648,400.00
Direct Costs $ 3,768,175.00
Indirect Costs @ 10% $ 376,817.50
Total Direct and Indirect $ 4,144,992.50
Other Costs
Other Costs Subtotal
Grand Total $ 4,144,992.50
Page 1 of 2
Exhibit B
1 Exhibit B (continued)
2 Drawdown Request Form
3 Date:
4 County of Fresno
5 Department of Public Health, 6' Floor
1221 Fresno St
6 Fresno, CA 93721
7
Subject: Drawdown Request for
8
Subrecipient Program Subrecipient Name
9
10 In accordance with the executed Agreement for the above-referenced Program, the
11 [SUBRECIPIENT NAME] is requesting drawdown payment of$ [AMOUNT] in support of the
12 Program for services provided during the period of[DATE] through [DATE].
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 in support of the Program in accordance with the Subrecipient Expenditure Plan
16 (Exhibit B) documented in the executed Agreement, and as evidenced by the enclosed invoices
17 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
1
Page 2 of 2
1 Exhibit C
2 Annual Performance Report
3 All SUBRECIPIENTs that receive State and Local Fiscal Recovery Funds (SLFRF) awards are
4 required to produce an Annual Report. The Annual Report provides information on the
5 SUBRECIPIENT's Program, and how it plans to ensure program outcomes are achieved in an
6 effective and equitable manner.
7 The initial Annual Report must cover the period from the date of award to the following June 30th and
8 must be submitted to the County within 15 calendar days after the end of the reporting period.
9 Thereafter, the Annual Report will cover a 12-month period and subrecipients will be required to
10 submit the report to the County within 15 calendar days after the end of the 12-month period (by July
11 15th).
12 Annual Period Covered Due Date
Report
13 1 Award — June 30, 2023 July 15, 2023
2 July 1, 2023 — June 30, 2024 July 15, 2024
14 3 July 1, 2024 — June 30, 2025 July 15, 2025
15 4 July 1, 2025 — June 30, 2026 July 15, 2026
5 July 1, 2026 — December 31, 2026 January 15, 2027
16
17 Instructions:
18 SUBRECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
19 Responsibilities (Reporting Guidance) located at: https:Hhome.treasurV.gov/system/files/136/SLFRF-
20 .:ompliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
21
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Exhibit D
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).
Page 1 of 2
Exhibit D
(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:
Page 2 of 2
1 Exhibit E
2 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
3 AWARD TERMS AND CONDITIONS
4 1. Use of Funds.
5 a) Subrecipient understands and agrees that the funds disbursed under this award may only be used
6 in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations
7 implementing that section, and guidance issued by Treasury regarding the foregoing.
8 b) Subrecipient will determine prior to engaging in any project using this assistance that it has the
9 institutional, managerial, and financial capability to ensure proper planning, management, and
10 completion of such project.
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12 2. Period of Performance. The period of performance for this award begins on the date hereof and
13 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
14 award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
15 December 31, 2024.
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17 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
18 they relate to this award.
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20 4. Maintenance of and Access to Records.
21 a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
22 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
23 Treasury regarding the foregoing.
24 b) The Treasury Office of Inspector General and the Government Accountability Office, or their
25 authorized representatives, shall have the right of access to records (electronic and otherwise) of
26 Subrecipient in order to conduct audits or other investigations.
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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.
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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. Subrecipient may use funds provided under this award to cover both direct
8 and 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 Subrecipient.
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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.
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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
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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 (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;
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1 iii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
2 which prohibits discrimination in housing on the basis of race, color,
3 iv. religion, national origin, sex, familial status, or disability;
4 V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
5 prohibits discrimination on the basis of disability under any program or activity receiving
6 federal financial assistance;
7 vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
8 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
9 the basis of age in programs or activities receiving federal financial assistance; and
10 vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
11 seq.), which prohibits discrimination on the basis of disability under programs, activities, and
12 services provided or made available by state and local governments or instrumentalities or
13 agencies thereto.
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15 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
16 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
17 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
18 award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
19 violation of section 602 (c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
20 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
21 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
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23 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5
24 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
25 employees whose principal employment is in connection with an activity financed in whole or in part by this
26 federal assistance.
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1 12. False Statements. Subrecipient understands that making false statements or claims in connection
2 with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
3 including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
4 or contracts, and/or any other remedy available by law.
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6 13. Publications. Any publications produced with funds from this award must display the following
7 language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRP
8 3678 awarded to County of Fresno by the U.S. Department of the Treasury."
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10 14. Debts Owed the Federal Government.
11 a) Any funds paid to Subrecipient(1) in excess of the amount to which Subrecipient is finally
12 determined to be authorized to retain under the terms of this award; (2) that are determined by the
13 Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury
14 to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D)of the Act and
15 have not been repaid by Subrecipient shall constitute a debt to the federal government.
16 b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
17 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
18 payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
19 or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
20 actions available to it to collect such a debt.
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22 15. Disclaimer.
23 a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
24 persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
25 damages, or any other losses resulting in any way from the performance of this award or any
26 contract, or subcontract under this award.
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1 b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
2 between the United States and Subrecipient.
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4 16. Protections for Whistleblowers.
5 a) In accordance with 41 U.S.C. §4712, Subrecipient may not discharge, demote, or otherwise
6 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
7 provided below, information that the employee reasonably believes is evidence of gross
8 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
9 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
10 a violation of law, rule, or regulation related to a federal contract (including the competition for or
11 negotiation of a contract)or grant.
12 b) The list of persons and entities referenced in the paragraph above includes the following:
13 i. A member of Congress or a representative of a committee of Congress;
14 ii. An Inspector General;
15 iii. The Government Accountability Office;
16 iv. A Treasury employee responsible for contract or grant oversight or management;
17 V. An authorized official of the Department of Justice or other law enforcement agency;
18 vi. A court or grand jury; or
19 vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
20 has the responsibility to investigate, discover, or address misconduct.
21 c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
22 section, in the predominant native language of the workforce.
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24 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217
25 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
26 policies and programs for their employees when operating company-owned, rented or personally owned
27 vehicles.
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2 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6,
3 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
4 policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
5 to decrease accidents caused by distracted drivers.
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8 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
9 ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
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11 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
12 Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
13 grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of
14 Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
15 and other arrangements with the intention of providing assistance. Federal financial assistance does not
16 encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
17 the Federal government at market value, or programs that provide direct benefits.
18 The assurances apply to all federal financial assistance from, or funds made available through the
19 Department of the Treasury, including any assistance that the Subrecipient may request in the future.
20 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
21 the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
22 Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
23
24 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
25 as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
26 discrimination under programs and activities receiving federal financial assistance, of any person in
27 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
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1 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
2 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
3 memoranda, and/or guidance documents.
4 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
5 with Limited English Proficiency," seeks to improve access to federally assisted programs and
6 activities for individuals who, because of national origin, have Limited English proficiency(LEP).
7 Subrecipient understands that denying a person access to its programs, services, and activities
8 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
9 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly,
10 Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
11 directives, to ensure that LEP persons have meaningful access to its programs, services, and
12 activities. Subrecipient understands and agrees that meaningful access may entail providing
13 language assistance services, including oral interpretation and written translation where necessary,
14 to ensure effective communication in the Subrecipient's programs, services, and activities.
15 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
16 develops applicable budgets and conducts programs, services, and activities. As a resource, the
17 Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information
18 on taking reasonable steps to provide meaningful access for LEP persons, please visit
19 http://www.lep.gov.
20 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
21 of continued receipt of federal financial assistance and is binding upon Subrecipient and
22 Subrecipient's successors, transferees, and assignees for the period in which such assistance is
23 provided.
24 5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
25 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
26 agrees to incorporate the following language in every contract or agreement subject to Title VI and
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1 its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
2 subcontractors, successors, transferees, and assignees:
3 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
4 comply with Title Vl of the Civil Rights Act of 1964, which prohibits subrecipients of federal
5 financial assistance from excluding from a program or activity, denying benefits of, or
6 otherwise discriminating against a person on the basis of race, color, or national origin (42
7 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title Vl
8 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
9 this contract(or agreement). Title VI also includes protection to persons with "Limited
10 English Proficiency"in any program or activity receiving federal financial assistance, 42
11 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
12 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
13 contract or agreement.
14 6. Subrecipient understands and agrees that if any real property or structure is provided or improved
15 with the aid of federal financial assistance by the Department of the Treasury, this assurance
16 obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
17 during which the real property or structure is used for a purpose for which the federal financial
18 assistance is extended or for another purpose involving the provision of similar services or benefits.
19 If any personal property is provided, this assurance obligates the Subrecipient for the period during
20 which it retains ownership or possession of the property.
21 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
22 of the Treasury of the aforementioned obligations. Enforcement may include investigation,
23 arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
24 these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
25 and reporting requirements.
26 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
27 complaints of discrimination on the grounds of race, color, or national origin, and limited English
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1 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
2 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
3 completed, including outcome. Subrecipient also must inform the Department of the Treasury if
4 Subrecipient has received no complaints under Title VI.
5 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
6 compliance of Title VI and efforts to address the non-compliance, including any voluntary
7 compliance or other agreements between the Subrecipient and the administrative agency that
8 made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
9 Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
10 of any court or administrative agency finding of discrimination, please so state.
11 10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
12 responsible for ensuring that sub-recipients also comply with Title VI and other applicable
13 authorities covered in this document. State agencies that make sub-awards must have in place
14 standard grant assurances and review procedures to demonstrate that they are effectively
15 monitoring the civil rights compliance of subrecipients.
16 The United States of America has the right to seek judicial enforcement of the terms of this assurances
17 document, and nothing in this document alters or limits the federal enforcement measures that the United
18 States may take in order to address violations of this document or applicable federal law.
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