HomeMy WebLinkAboutAgreement A-23-012 with The BG Club of Fresno County.pdf Agreement No. 23-012
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT
3 THIS AGREEMENT ("Agreement") is made and entered into this '3rd day of January
4 2023 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
5 California ("COUNTY'), and The Boys & Girls Clubs of Fresno County, a California nonprofit corporation
6 501(c)(3)whose address is 540 N. Augusta Street, Fresno, CA 93701 ("SUBRECIPIENT').
7 WITNESSETH:
8 WHEREAS, on March 11, 2021, the President signed into law the American Rescue Plan Act of
9 2021 ("ARPA")which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
10 Program; and
11 WHEREAS, the ARPA authorizes the COUNTY to expend SLFRF awarded to the COUNTY for
12 the following eligible purposes, outlined in the Interim Final Rule and Final Rule as follows (each an
13 "Eligible Use," collectively "Eligible Uses"):
14 (1) To respond to the COVID-19 public health emergency or its negative economic impacts;
15 (2) To respond to workers performing essential work during the COVID-19 public health
16 emergency;
17 (3) For the provision of government services to the extent of the reduction in revenue due to
18 the COVID-19 public health;
19 (4) To make necessary investments in water, sewer, or broadband infrastructure; and
20 WHEREAS, the COUNTY intends to allocate a portion of its SLFRF to SUBRECIPIENT for one or
21 more Eligible Uses; and
22 WHEREAS, the SUBRECIPIENT represents that it is a nonprofit organization that provides a fun,
23 safe place for children and youth during out-of-school hours, where attendees can be involved in cultural
24 enrichment, health and safety education, citizenship and leadership development, personal and educational
25 development, and outdoor and environmental education programs that build relationships and
26 connectiveness within the community; and
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1 WHEREAS, for over 75 years, SUBRECIPIENT represents that it has helped hundreds of
2 individuals, children and youth, that come from impoverished neighborhoods, in need social support,
3 and mentorship to reach their optimal potential as productive, caring, and responsible citizens.
4 SUBRECIPIENT promotes three core developmental areas: Academic Success, Character&
5 Leadership, and Healthy Lifestyles through its network of 15 club locations in Fresno County; and
6 WHEREAS, the SUBRECIPIENT represents that its club locations are in urban and rural
7 neighborhoods, in ethnically diverse disadvantaged communities of color and primarily Asian, Hispanic,
8 and Black, near Title I eligible schools, and in areas in Fresno County that are identified in qualified
9 census tracts (QCTs) which are locations that have been negatively impacted by the pandemic; and
10 WHEREAS, the SUBRECIPIENT represents that its services have been negatively impacted by
11 the COVID-19 pandemic due to required closures to comply with the emergency public health orders to
12 contain the spread of COVID-19, including but not limited to extended closures to SUBRECIPIENT's
13 after school programs that provide social-emotional and physical wellness for children and youth ranging
14 from six to 18 years of age, and closures to resources that help girls and boys develop self-esteem and
15 adopt healthy attitude and lifestyle such as eating habits, social, and physical fitness, while
16 SUBRECIPIENT represents that demand for supportive resources and enrichment programs for children
17 and youth in impoverished neighborhoods has increased through the course of the pandemic; and
18 WHEREAS, the SUBRECIPIENT represents that it administers a comprehensive health and
19 wellness program, "Triple Play" that consists of three components 1) Healthy Habits, 3) Daily
20 Challenges, and 3) Social Recreation whereby participants learn about relationship building, social-
21 emotional skills, empathy, perseverance, impulse control, and stress management that educates and
22 prepares participants to effectively and responsibly face challenges and opportunities in their daily lives;
23 and
24 WHEREAS, the Final Rule provided that disruptions to early care and learning services have
25 had a broad impact and likely result in negative impacts for young children and their parents, and lists as
26 an enumerated eligible use of SLFRF childcare and early learning services, including efforts to bolster,
27 support, or preserve existing providers and services, and similar activities; and
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1 WHEREAS, the SUBRECIPIENT represents that Triple Play, along with other SUBRECIPIENT's
2 programs, provide safe after-school childcare and supervision, and follow up help, after school
3 resources, and support that complements the work of Fresno County Office of Education and local
4 school districts for children and youth that need help with homework; and
5 WHEREAS, the Final Rule presumes that nonprofit organizations that serve impacted populations,
6 low and moderate-income households, including programs and services that benefit areas in QTCs have
7 also experienced negative economic impacts from the pandemic; and
8 WHEREAS, the SUBRECIPIENT represents that SLFRF provided under this Agreement will
9 bolster its existing program that provides safe afterschool care and learning for children and youth, will
10 address the negative economic impacts of the pandemic at seven club locations that serve areas in
11 QTCs, areas near Title 1 elementary or middle schools, and in low-income geographic areas, and will
12 provide funding assistance to help fund operational expenses for the implementation of the Triple Play
13 Program consisting of expenditures related to personnel salaries and benefits, office supplies,
14 educational resources and events, physical education and mental health services which were impacted
15 by the pandemic at the following SUBRECIPIENT's club locations (Program): Zimmerman (540 N.
16 Augusta Ave. Fresno, 92701), East Fresno (1621 S. Cedar Ave. Fresno, 93701), Pinedale (343 W.
17 Minarets Ave. Fresno, 93650), Clovis (2833 Helm Ave. Clovis, 93612), Sanger (730 Recreation Ave.
18 Sanger, 93657), Reedley (100 N. East Street, Reedley, 93654), and Mendota (190 Straw Street,
19 Mendota, 93640); and
20 WHEREAS, the SUBRECIPIENT represents that SLFRF will ensure that it can recover from the
21 negative economic impacts created by the pandemic, will fund operational expenses to implement the
22 Triple Play Program at seven of its club locations, will address disproportionate impacts from the
23 pandemic on the social-emotional and physical wellness of children and youth ranging from six to 18
24 years of age in urban and rural communities, and will allow the SUBRECIPIENT to continue delivering
25 essential resources in areas identified in QTCs, areas near Title 1 elementary or middle schools, and in
26 low-income geographic areas in the COUNTY; and
27 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement is intended to
28 support a strong and equitable recovery from the COVID-19 pandemic and economic downturn by
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1 providing funding assistance to the SUBRECIPIENT, which provides participants and their families with
2 resources that prepare participants to effectively and responsibly face challenges and opportunities in
3 their daily lives at its club locations in Fresno County that have been impacted by the pandemic; and
4 WHEREAS, under Section 602(c)(3) of the ARPA, the COUNTY may transfer SLFRF to nonprofit
5 organizations for Eligible Uses, in particular those nonprofit organizations that serve individuals and
6 families that have been impacted by the pandemic, for the purpose of meeting ARPA's goals; and
7 WHEREAS, COUNTY has determined that the Program to be provided by SUBRECIPIENT is an
8 Eligible Use of SLFRF under the ARPA, in reliance on information provided by SUBRECIPIENT; and
9 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the
10 COUNTY may provide SLFRF to the SUBRECIPIENT for appropriate and qualifying expenditures, as
11 permitted under the Interim Final Rule and Final Rule.
12 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
13 contained, the parties hereto agree as follows:
14 1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
15 A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
16 Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are true and
17 correct, and that COUNTY may rely upon each of those representations in granting the SLFRF to
18 SUBRECIPIENT under this Agreement.
19 B. SUBRECIPIENT acknowledges that the SLFRF granted under this Agreement are
20 a subaward of SLFRF to carry out the Program.
21 C. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this
22 award may only be spent on Eligible Uses in compliance with the ARPA, the United States Department
23 of the Treasury ("TREASURY") regulations implementing section 602 of the ARPA, and guidance issued
24 by the TREASURY regarding the foregoing.
25 D. SUBRECIPIENT represents that it intends to use SLFRF to bolster its existing
26 program that provides safe afterschool care and learning for children and youth, address the negative
27 economic impacts of the pandemic at seven club locations that serve areas in QTCs, areas near Title 1
28 elementary or middle schools, and in low-income geographic areas, and will provide funding assistance
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1 to help fund operational expenses for the implementation of the Triple Play Program. SLFRF provided
2 under this Agreement will help fund operational expenses consisting of expenditures related to
3 personnel salaries and benefits, office supplies, educational resources and events, physical education
4 and mental health services which were impacted by the pandemic at the following locations:
5 Zimmerman, East Fresno, Pinedale, Clovis, Sanger, Reedley, and Mendota for three calendar years
6 (2023, 2024, and 2025), as shown on Table 1-1 of Exhibit B, attached and incorporated by this
7 reference; and
8 E. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program
9 by furnishing to the COUNTY information described in Exhibit A, Program Description, which is attached
10 and incorporated by this reference.
11 F. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible
12 to ensure that SLFRF granted under this Agreement are spent in compliance with all ordinances of the
13 County of Fresno, and laws of the State of California, and all laws of the Federal government. This
14 includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative
15 Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, the
16 TREASURY's Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds
17 ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus State and Local
18 Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for expenditures before April 1, 2022)
19 and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or later), and any subsequent updates,
20 including TREASURY's Frequently Asked Questions. The award terms and conditions required by the
21 TREASURY are set forth in Exhibit F, which is attached and incorporated by this reference, as provided
22 by the TREASURY. Notwithstanding anything provided in Section 8 of this Agreement, or in this
23 Subsection 1(F), SUBRECIPIENT has the sole responsibility for compliance under this Section 1(F).
24 G. Timeline. SUBRECIPIENT shall ensure that the Program is diligently undertaken
25 and completed, and all SLFRF granted under this Agreement are fully expended, no later than
26 December 31, 2026. By August 31, 2024, SUBRECIPIENT shall analyze, and shall report to COUNTY
27 in writing, whether it can complete the Program or fully expend the SLFRF granted under this
28 Agreement by December 31, 2026. If SUBRECIPIENT is not capable of completing the Program or fully
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1 expending the SLFRF granted under this Agreement on the Program by December 31, 2026,
2 SUBRECIPIENT shall return any previously issued SLFRF, which have not been bindingly obligated to a
3 permissible use, to COUNTY within fifteen calendar days. Additionally, SUBRECIPIENT shall account
4 for all SLFRF which have not been bindingly obligated to a permissible use by December 31, 2024, and
5 shall remit the same unobligated SLFRF to the COUNTY within thirty calendar days.
6 H. No Litigation. SUBRECIPIENT shall not use any SLFRF provided by the
7 COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or
8 penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against
9 SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at
10 law or in equity against COUNTY, nor institute, prosecute, or any way aid in the institution or
11 prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury
12 either to person or property, or both, whether developed or undeveloped, resulting or to result, known or
13 unknown, past, present, or future, arising out of, in any way, the terms of this Agreement.
14 I. SUBRECIPIENT agrees that if SUBRECIPIENT receives SLFRF from any other
15 local or state entity for all or any part of the Program for which SUBRECIPIENT has received SLFRF
16 from COUNTY under this Agreement, the SUBRECIPIENT shall contact COUNTY in writing within five
17 (5) business days. SUBRECIPIENT agrees that it may be required to return all or part of the SLFRF
18 received from the COUNTY if the total amount of SLFRF from all local and state entities exceeds the
19 Program's budget, and if SUBRECIPIENT does not intend to expand the Program.
20 J. None of the personnel employed in the administration of the Program shall be in
21 any way, or to any extent engaged in, the conduct of political activities prohibited by Chapter 15 of Title
22 5, U.S. Code, as applicable.
23 K. None of the SLFRF to be paid under this Agreement shall be used for any
24 partisan political activity, or to support or defeat legislation pending before Congress.
25 2. PROCUREMENT REQUIREMENTS
26 A. SUBRECIPIENT shall comply with all procurement requirements specified in the
27 Uniform Guidance, including, but not limited to, 2 CFR Part 200 et. seq.
28 B. SUBRECIPIENT shall take all necessary affirmative steps to assure that minority
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1 businesses, women's business enterprises, and labor surplus area firms are used when possible, when
2 procuring goods and services under this Agreement, including the affirmative steps described in 2 CFR §
3 200.321.
4 C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a
5 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
6 States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
7 3. REPORTING REQUIREMENTS
8 A. Quarterly Program Expenditure Report: SUBRECIPIENT shall submit to the
9 COUNTY's designated contact, as designated by the COUNTY's County Administrative Officer in writing
10 at the execution of this Agreement, Quarterly Program Expenditure Reports through the term of this
11 Agreement as provided by this Section 3.A. The reports shall contain, but not be limited to, the
12 information described in Exhibits B and C, which are attached and incorporated by this reference, and
13 must include a statement, signed by the SUBRECIPIENT, indicating that all expenditures in the report
14 comply with the Interim Rule and the Final Rule, as applicable, and ARPA guidelines for the SLFRF, as
15 set forth by the TREASURY. Quarterly expenditure reports shall be submitted to COUNTY no later than
16 fifteen (15) days after the end of each quarter listed below for the term of this Agreement, beginning with
17 the first quarter ending after the Effective Date:
18 1) January 1 — March 31, due by April 15
19 2) April 1 — June 30, due by July 15
20 3) July 1 — September 30, due by October 15
21 4) October 1 — December 31, due by January 15
22 B. Annual Performance Report: Within fifteen (15) days after each June 30,
23 SUBRECIPIENT shall submit one "Annual Performance Report" to the COUNTY, covering all
24 performance by the SUBRECIPIENT under this Agreement for the fiscal year ending that June 30. The
25 report shall contain, but not limited to, the information contained in Exhibit D, which is attached and
26 incorporated by this reference.
27 C. Final Report: A Final Program Report shall be submitted to COUNTY within thirty
28 (30) days upon completion of the Program. A Final Report shall include an accounting of all costs and
1 expenses incurred by SUBRECIPIENT, and any other information as the COUNTY deems necessary to
2 facilitate closeout of the Program and ensure that the COUNTY's obligations and requirements under
3 the SLFRF Program are met. The Final Program Report is not complete until COUNTY has delivered to
4 SUBRECIPIENT written acceptance of the Final Program Report.
5 4. NONDISCRIMINATION
6 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
7 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
8 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
9 employee, applicant for employment or person receiving services under this Agreement because of race,
10 religious creed, color, national origin, ancestry, physical or mental disability including perception of
11 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
12 sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military
13 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
14 shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination
15 and equal opportunity, including, without limitation, the COUNTY's non discrimination policy; Title VI of the
16 Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at
17 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under
18 programs or activities receiving federal financial assistance; The Fair Housing Act, Title VI II of the Civil
19 Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis
20 of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act
21 of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at
22 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving
23 federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42
24 U.S.C. sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
25 activities, and services provided or made available by state and local governments or instrumentalities or
26 agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.);
27 California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as
28 amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of
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1 Federal Regulations.
2 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
3 this Section 4 in all subcontracts to perform work under this Agreement.
4 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
5 opportunity to express, and have considered, their views, grievances, and complaints regarding
6 SUBRECIPIENT's delivery of services.
7 5. CONFLICTS OF INTEREST; ETHICS
8 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
9 policy consistent with 2 CFR § 200.318(c), and that such conflict-of-interest policy is applicable to each
10 activity funded under this award. SUBRECIPIENT must disclose in writing to the TREASURY and to
11 COUNTY any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR §
12 200.12. Further, no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any
13 gifts, service, favor, employment, engagement, remuneration, or economic opportunity which would tend to
14 improperly influence a reasonable person in that position to depart from the faithful and impartial discharge
15 of the duties of that position.
16 B. No officer, agent, consultant, or employee of SUBRECIPIENT may use his or her
17 position to secure or grant any unwarranted privilege, preference, exemption, or advantage for himself or
18 herself, any member of his or her household, any business entity in which he or she has a financial interest,
19 or any other person.
20 C. No officer, agent, consultant, or employee of SUBRECIPIENT may participate as an
21 agent of SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT and any
22 private business in which he or she has a financial interest.
23 D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any
24 report or other document because it might tend to affect unfavorably his or her private financial interests.
25 E. No officer, agent, consultant, employee, or elected or appointed official of the
26 COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any
27 contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for himself or
28 herself, or for those whom he or she has family or business ties, during his or her tenure, or for one year
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1 thereafter, for any of the work to be performed pursuant to the Program.
2 6. REQUIRED LICENSES, CERTIFICATES, AND PERMITS
3 A. Any licenses, certificates or permits required by the federal, state, county, or municipal
4 governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A
5 must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this
6 Agreement.
7 B. SUBRECIPIENT must maintain such licenses, certificates and permits in full force and
8 effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses, professional
9 licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and
10 maintained by SUBRECIPIENT at no expense to the COUNTY.
11 C. SUBRECIPIENT must show proof of established "indirect cost rates," as defined by
12 the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (5
13 U.S.C. 301; 2 CFR 200)with either the Federal Government, or a final negotiated "indirect cost rate"with
14 COUNTY that complies with the Uniform Guidelines within 3 months of receipt of SLFRF.
15 7. OFFICE SPACE, SUPPLIES, EQUIPMENT, AND OPERATING OVERHEAD
16 A. SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference
17 materials, and telephone service necessary for SUBRECIPIENT to provide the services and operate the
18 Program identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay
19 SUBRECIPIENT for any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such
20 items. Responsibility for the costs and expenses incurred by SUBRECIPIENT in providing and maintaining
21 such items is the sole responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall
22 comply with the Uniform Cost Administrative Principles, and Audit Requirements for Federal Awards.
23 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY
24 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with
25 TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic
26 reports to TREASURY.
27 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY for
28 SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF program,
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1 SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as applicable, and
2 reporting requirements, as applicable.
3 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
4 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
5 Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve
6 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
7 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to
8 TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
9 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.
10 9. PENALTIES
11 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
12 described herein, may result in the TREASURY's recoupment of SLFRF from the COUNTY, and that in
13 such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
14 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
15 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY
16 may impose additional conditions, as described in 2 CFR§200.208. If the COUNTY determines that
17 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
18 of the following actions, as appropriate in the circumstances:
19 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
20 refund SLFRF upon demand by COUNTY.
21 B. Temporarily withhold cash payments pending correction of the deficiency by
22 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
23 C. Disallow (that is, deny both use of funds and any applicable matching credit for) all
24 or part of the cost of the activity or action not in compliance;
25 D. Wholly or partly suspend or terminate the SLFRF;
26 E. Recommend the TREASURY initiate suspension or debarment proceedings;
27 F. Withhold further SLFRF for the Program; and
28 G. Take other remedies that may be legally available.
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1 10. FINANCIAL MANAGEMENT
2 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
3 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
4 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
5 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
6 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
7 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
8 accounts that correspond to each such authorized use provided further that such separate accounts are
9 subject to this Section 10(A), and are segregated and identified by a unique identifier. In no event shall
10 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
11 or charge.
12 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
13 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
14 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
15 Uniform Guidance requirements apply or how they apply.
16 C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement
17 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
18 Eligible Uses of SLFRF, and shall document all funding decisions. Upon request by COUNTY, the
19 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to
20 the COUNTY.
21 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
22 recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than
23 $750,000 of Federal funds during that reporting period. If SUBRECIPIENT submits a letter stating it
24 expended less than $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, County Administrative Office at 2281
27 Tulare, Room 304, Fresno, CA 93721, or electronically to e-mail address
28 rresnocao(c-)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 commence on the
26 Effective Date until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program
27 Report under section 3(C) of this Agreement, unless sooner terminated as provided herein.
28 Notwithstanding timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to
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1 cover costs incurred during the time period set forth by the TREASURY. The COUNTY's written
2 acceptance of the Final Program Report under Section 3(C) of this Agreement shall include the COUNTY's
3 written notification to the SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The
4 County Administrative Officer or his or her designee is authorized to execute this written acceptance of the
5 Final Program Report and notification of term end to SUBRECIPIENT.
6 12. TERMINATION
7 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
8 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
9 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
10 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty (30)
11 days advance written notice.
12 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
13 Agreement in whole or in part, where in the determination of the COUNTY there is:
14 1) An illegal or improper use of funds;
15 2) A failure to comply with any term of this Agreement;
16 3) A substantially incorrect or incomplete report submitted to the COUNTY;
17 4) Improperly performed service.
18 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
19 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
20 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
21 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
22 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
23 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
24 shall promptly refund any such SLFRF upon demand.
25 C. Without Cause: Under circumstances other than those set forth above, this
26 Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention
27 to terminate to SUBRECIPIENT.
28 13. GRANT FUNDING/COMPENSATION
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1 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
2 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to grant
3 SUBRECIPIENT, and SUBRECIPIENT agrees to receive such grants, up to the total SLFRF grant, in an
4 amount not to exceed six hundred thousand dollars ($600,000).
5 It is expressly agreed and understood that the total amount of SLFRF to be granted by COUNTY to
6 SUBRECIPIENT for the Program shall not exceed six hundred thousand dollars ($600,000), which will
7 provide funding assistance to address the negative economic impacts of the pandemic for the
8 implementation of the Triple Play Program at the following club locations: Zimmerman, East Fresno,
9 Pinedale, Clovis, Sanger, Reedley, and Mendota for years (2023, 2024, and 2025) that will benefit
10 participants and their families that reside in areas identified in QTCs, areas near Title 1 elementary or
11 middle schools, and in low-income geographic areas. SLFRF provided under this Agreement will help fund
12 operational expenses consisting of expenditures related to personnel salaries and benefits, office supplies,
13 educational resources and events, physical education and mental health services which were impacted by
14 the pandemic. SUBRECIPIENT shall track number of participants and their families benefiting from
15 SUBRECIPIENT's resources and services at each of the seven club locations, number of children and
16 youth enrolled in the Triple Play Program, and number of children and youth enrolled in the Triple Play
17 Program that graduate to junior staff/mentors in its quarterly and annual reporting to the COUNTY through
18 the course of the Program term, including any aggregate data to show measurable accomplishments of
19 the Program. SUBRECIPIENT shall submit written drawdown requests for the payment of eligible
20 necessary expenses in support of the Program. Drawdown requests for the COUNTY to make a such
21 payment shall be in accordance with the sample Drawdown Request Form, attached as Exhibit B, and
22 incorporated by this reference. Drawdowns requests shall detail purchase orders, receipts, and
23 reimbursement requests, detailing items purchased, and expenses incurred or anticipated to be incurred in
24 support of the Program for items listed in Table 1-1 of Exhibit B of this Agreement.
25 In the first thirty (30) days following the Effective Date of this Agreement, SUBRECIPIENT may
26 make one (1) drawdown request to a maximum of sixty thousand dollars ($60,000), equivalent to ten
27 percent (10%)of the Program's total budgeted amount ($600,000), to cover eligible expenditures in
28 support of the Program. The first drawdown request from SUBRECIPIENT to the COUNTY shall also be
15
1 accompanied by a written certification from the SUBRECIPIENT that the drawdown request for payment is
2 consistent with the amount of work scheduled to be performed or materials to be purchased with the
3 amount of funding being requested from the COUNTY, and that said drawdown request is in accordance
4 with the Program, Table 1-1 of Exhibit B of this Agreement. After appropriate review and inspection of the
5 first drawdown request, the COUNTY shall make the first payment available to SUBRECIPIENT in a timely
6 manner. After the first drawdown request, SUBRECIPIENT may make additional subsequent drawdown
7 requests to the COUNTY on quarterly basis (every 90 days)for eligible expenditures to be funded with the
8 remaining balance of the Program's budget, in accordance with this Agreement.
9 SUBRECIPIENT must work to minimize the time between the request from the COUNTY and the
10 disbursement of funds to meet the Program needs. SUBRECIPIENT is responsible for monitoring the
11 Program's cash flow needs and submitting reimbursement requests to COUNTY in a timely manner to
12 assure adequate coverage of Program needs. It is understood that all expenses incidental to
13 SUBRECIPIENT's performance of services in carrying out its Program under this Agreement shall be
14 borne by SUBRECIPIENT.
15 SUBRECIPIENT shall submit documentation to the County of Fresno, County Administrative Office
16 located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail address
17 fresnocao@fresnocountyca.gov. Payment by COUNTY shall be in arrears for services provided during
18 the preceding period of time, within forty-five (45) days from date of receipt, verification and approval of
19 SUBRECIPIENT's invoice and supporting documentation by COUNTY. If SUBRECIPIENT fails to comply
20 with any provision of this Agreement, COUNTY shall be relieved of its obligations for further compensation.
21 B. To ensure compliance with Federal and State regulations, COUNTY may require
22 additional supporting documentation or clarification of claimed expenses as follows:
23 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
24 documentation or clarification.
25 ii. SUBRECIPIENT shall respond within five (5) business days with required
26 additional documentation or clarification to avoid disallowances/partial payment of invoice.
27 iii. All invoices containing expenses that need additional documentation or
28 clarification not provided to COUNTY within five (5) business days of request shall have those expenses
16
1 disallowed, and only the allowed expenses shall be paid.
2 iv. SUBRECIPIENT may resubmit disallowed expenses as a supplemental invoice
3 only, and must be accompanied by required documentation.
4 C. All expenses incidental to SUBRECIPIENT'S performance of services in carrying out
5 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
6 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
7 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
8 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
9 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
10 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT. County
11 has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
12 14. INDEPENDENT CONTRACTOR
13 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
14 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
15 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
16 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
17 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
18 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
19 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
20 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
21 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
22 regulations, if any, of governmental authorities having jurisdiction over all matters subject thereto.
23 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right
24 to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable
25 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
26 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
27 to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all
28 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
17
1 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
2 15. MODIFICATION
3 Any matters of this Agreement may be modified from time to time by the written consent of all the
4 parties without, in any way, affecting the remainder.
5 16. NON-ASSIGNMENT
6 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
7 this Agreement without the prior written consent of the other party.
8 17. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at
9 COUNTY'S request, defend the COUNTY, its officers, agents, and employees 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 COUNTY in connection with the performance, or failure to perform, by
12 SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs
13 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
14 losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
15 performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this
16 Agreement. SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
17 TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this
18 Agreement.
19 The provisions of this Section 17 shall survive the termination or expiration of this Agreement.
20 18. INSURANCE
21 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
22 parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
23 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
24 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
25 A. Commercial General Liability
26 Commercial General Liability Insurance with limits of not less than Two Million Dollars
27 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
28 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
18
1 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
2 liability or any other liability insurance deemed necessary because of the nature of this contract.
3 B. Automobile Liability
4 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
5 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
6 used in connection with this Agreement.
7 C. Professional Liability
8 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
9 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
10 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
11 SUBRECIPIENT agrees that it shall maintain, at its sole expense, in full force and effect for a period of
12 three (3) years following the termination of this Agreement, one or more policies of professional liability
13 insurance with limits of coverage as specified herein.
14 D. Worker's Compensation
15 A policy of Worker's Compensation insurance as may be required by the Labor Code.
16 Additional Requirements Relating to Insurance
17 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming
18 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
19 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
20 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
21 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
22 provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without
23 a minimum of thirty (30) days advance written notice given to COUNTY.
24 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
25 employees any amounts paid by the policy of worker's compensation insurance required by this
26 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
27 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under
28 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
19
1 Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement,
2 SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the
3 foregoing policies, as required herein, to the County of Fresno, County Administrative Office, Attention:
4 ARPA—SLFRF Coordinator, 2281 Tulare Street, Room 304, Fresno, CA 93721, stating that such
5 insurance coverages have been obtained and are in full force; that the County of Fresno, its officers, agents
6 and employees will not be responsible for any premiums on the policies; that for such worker's
7 compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its officers,
8 agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate
9 the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its
10 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the
11 operations under this Agreement are concerned; that such coverage for additional insured shall apply as
12 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents
13 and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's
14 policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)
15 days advance, written notice given to 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 All policies shall be issued by admitted insurers licensed to do business in the State of California,
20 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
21 FSC VI or better.
22 19. RECORDKEEPING AND CONFIDENTIALITY
23 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
24 must maintain records and financial documents for five (5) years after all SLFRF have been expended or
25 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
26 TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is
27 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
28 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
20
1 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
2 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
3 disclosure pursuant to the California Consumer Privacy Act (CCPA) to ensure against a breach of
4 security of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have
5 established written policies and procedures that align with CCPA, and shall follow such procedures.
6 Upon request, SUBRECIPIENT shall make available to COUNTY staff such written policies and
7 procedures, and shall be monitored for compliance.
8 20. AUDITS AND INSPECTIONS:
9 A. SUBRECIPIENT shall, at anytime during business hours, and as often as the
10 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
11 with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
12 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
13 SUBRECIPIENT'S compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
14 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
15 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
16 reviewing entity deems to be appropriate in order to determine:
17 1) Whether the objectives of the Program are being achieved;
18 2) Where the Program is being operated in an efficient and effective
19 manner;
20 3) Whether management control systems and internal procedures have
21 been established to meet the objectives of the Program;
22 4) Whether the financial operations of the Program are being conducted
23 properly;
24 5) Whether the periodic reports to the COUNTY contain accurate and
25 reliable information;
26 6) Whether all of the activities of the Program are conducted in compliance
27 with the provisions of state and federal laws and regulations and this
28 Agreement; and
21
1 7) Whether all activities associated with the Program are in compliance with
2 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
3 Guidance, and any subsequent guidance issued by TREASURY.
4 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
5 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
6 by the COUNTY or its designees, and the TREASURY, for five (5) years following termination of this
7 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
8 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
9 to promptly reimburse the COUNTY for such payments upon request.
10 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
11 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
12 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
13 requirements.
14 21. NOTICES The persons and their addresses having authority to give and receive notices
15 under this Agreement include the following:
16 COUNTY SUBRECIPIENT
17 COUNTY OF FRESNO Boys & Girls Clubs of Fresno County
ARPA- SLFRF Coordinator 540 N. Augusta Street
18 2281 Tulare Street, Room 304 Fresno, CA 93701
Fresno, CA 93721
19
All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
20
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
21
an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
22
personal service is effective upon service to the recipient. A notice delivered by first-class United States
23
mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
24
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
25
COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
26
with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
27
telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
28
22
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.
10 The rights and obligations of the parties and all interpretation and performance of this Agreement
11 shall be governed in all respects by the laws of the State of California.
12 23. ADVICE OF ATTORNEY
13 Each party warrants and represents that in executing this Agreement, it has received
14 independent legal advice from its attorneys, or the opportunity to seek such advice.
15 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
16 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
17 or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status
18 to operate as a corporation.
19 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing transactions
20 that they are a party to while SUBRECIPIENT is providing goods or performing services under this
21 agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party
22 and in which one or more of its directors has a material financial interest. Members of the Board of
23 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
24 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated herein by
25 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
26 immediately thereafter.
27 25. ELECTRONIC SIGNATURES
28 The parties agree that this Agreement may be executed by electronic signature as provided in
23
1 this section. An "electronic signature" means any symbol or process intended by an individual signing
2 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
3 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
4 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
5 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
6 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
7 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
8 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
9 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
10 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
11 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
12 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
13 conditioned upon the parties conducting the transactions under it by electronic means and either party
14 may sign this Agreement with an original handwritten signature.
15 26. ENTIRE AGREEMENT:
16 This Agreement constitutes the entire agreement between the SUBRECIPIENT and COUNTY
17 with respect to the subject matter hereof, and supersedes all previous Agreement negotiations,
18 proposals, commitments, writings, advertisements, publications, and understanding of any nature
19 whatsoever unless expressly included in this Agreement. Notwithstanding this provision, any additional
20 requirements and/or guidelines set forth by the TREASURY regarding the uses and reporting
21 requirements for ARPA SLFRF after the execution of this Agreement shall be understood to be
22 integrated into this Agreement, and binding on the parties.
23 //
24
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26
27
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24
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&�=' ee& C,.K 'V.'--t—
5 Diane Carbray, Presid . t/CEO of I ' tero, hairman of the Board of
The Boys&Girls Club of Fresno i the County of Fresno
6 County 1Z./d/zz
7
8 ATTEST:
9 Mailing Address: Bernice E. Seidel
Boys&Girls Club of Fresno County Clerk of the Board of Supervisors
10 540 N. Augusta Street County of Fresno, State of California
Fresno, CA 93701
11
12
13 gy. �-
14 Deputy
FOR ACCOUNTING USE ONLY:
15 Fund: 0026
16 Subclass: 91021
17 ORG: 1033
18 Account: 7845
19
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25
1 Exhibit A
2 Program Description
3 For over 75 years, the SUBRECIPIENT has provided fun, safe places for children and youth
4 during out-of-school hours, whereby attendees can be involved in cultural enrichment, health and safety
5 education, citizenship and leadership development. The SUBRECIPIENT has 15 club locations in urban
6 and rural Fresno County neighborhoods, in ethnically diverse disadvantaged communities of color and
7 primarily Asian, Hispanic, and Black, near Title I eligible schools, and in areas in Fresno County that are
8 identified in qualified census tracts (QCTs) which are locations that have been negatively impacted by
9 the pandemic. The SUBRECIPIENT administers the "Triple Play" program which consists of three
10 components 1) Healthy Habits, 3) Daily Challenges, and 3) Social Recreation, where participants learn
11 about relationship building, social-emotional skills, empathy, perseverance, impulse control and stress
12 management that educates and prepares participants to effectively and responsibly face challenges and
13 opportunities in their daily lives. The SUBRECIPIENT represents that its services have been negatively
14 impacted by the COVID-19 pandemic due to required closures to comply with the emergency public
15 health orders to contain the spread of COVID-19, including but not limited to extended closures to
16 SUBRECIPIENT's after school programs that provide social-emotional and physical wellness for
17 children and youth ranging from six to 18 years of age, closures to resources that help girls and boys
18 develop self-esteem and adopt healthy attitude and lifestyles such as eating habits, social, and physical
19 fitness. While SUBRECIPIENT represents that demand for supportive resources and enrichment
20 programs for children and youth in impoverished neighborhoods has increased through the course of
21 the pandemic. SLFRF provided under this Agreement will bolster its existing program that provides safe
22 afterschool care and learning for children and youth, will address the negative economic impacts of the
23 pandemic at seven club locations: Zimmerman (540 N. Augusta Ave. Fresno, 92701), East Fresno
24 (1621 S. Cedar Ave. Fresno, 93701), Pinedale (343 W. Minarets Ave. Fresno, 93650), Clovis (2833
25 Helm Ave. Clovis, 93612), Sanger (730 Recreation Ave. Sanger, 93657), Reedley (100 N. East Street,
26 Reedley, 93654), and Mendota (190 Straw Street, Mendota, 93640) for three calendar years (2023,
27 2024, and 2025) that will benefit participants and their families that reside in areas identified in QTCs,
28 areas near Title 1 elementary or middle schools, and in low-income geographic areas.
26
1 Exhibit B
2 Subrecipient Expenditure Plan
3 SUBRECIPIENT shall provide to COUNTY drawdown requests for payments for eligible
4 expenses to complete the Program. In the first thirty (30) days following the Effective Date of this
5 Agreement, SUBRECIPIENT may make one (1) drawdown request to a maximum of sixty thousand
6 dollars ($60,000), equivalent to ten percent (10%) of the Program's total budgeted amount ($600,000),
7 to cover eligible expenditures in support of the Program. The first drawdown request from
8 SUBRECIPIENT to the COUNTY shall also be accompanied by a written certification from the
9 SUBRECIPIENT that the drawdown request for payment is consistent with the amount of work
10 scheduled to be performed or materials to be purchased with the amount of funding being requested
11 from the COUNTY. Drawdowns requests shall detail purchase orders, receipts, and reimbursement
12 requests, detailing items purchased, and expenses incurred or anticipated to be incurred in support of
13 the Program for items listed in Table 1-1 of Exhibit B of this Agreement.
14
15
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25
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27
1 Table 1-1, Expenditure Plan
2
3 American Recovery Plan Act-Boys&Girls Club Application
OPERATING BUDGET SUMMARY: 2022-2024-3 year plan
4 711122-6130123 711123-6130124 711124-6130125
Budgeted Position(Personnel)or Category Total Project
5 (Operations) Budget
Year 1 Year 2 Year 3
6 2 Director of Operations-direct services for program $ 9,000 $ 9,270 $ 9,548 $ 27,818
@.10 FTE to oversee grant
7 Six(6)Unit Directors at Clubs: Reedley,Selma,
Sanger,Clovis,Mendota,and Pinedale @.20 FTE $ 41,844 $ 43,099 $ 44,392 $ 129,336
8
6 Program Directors,1 each at 6 Clubs@.20 FTE $ 27,936 $ 28,774 $ 29,637 $ 86,347
9 Program Assistants to implement Club programs at $ 18,456 $ 19,010 $ 19,580 $ 57,046
10 eachof6Clubs@ .20FTE
Benefits:FICA Workers Comp,SUA,etc @.12% $ 11,668 $ 12,018 $ 12,379 $ 36,066
11 Administration Costs $ - $ - $ -
12 TOTAL PERSONNEL BUDGET $ 108,904 $ 112,171 $ 115,537 $ 336,612
Supplies and Project Operating Costs
13 Office Supplies-computer supplies,paper,pens,
e $ 3,600 $ 3,708 $ 3,819 $ 11,127
etc.$50/mth x 6 clubs x 12 mths
14 Project Supplies-educational materials,arts,crafts, $ 3,600 $ 3,708 $ 3,819 $ 11,127
books,$50 x 6 clubs x 12
15 Internet Access,increased bandwidth,WiFi,and
computer supplies at each of 6Clubs x 150/mth x 12 $ 10,800 $ 11,124 $ 11,458 $ 33,382
16
Healthy Foods:Purchase @$100/month for Healthy
17 $ 7,200 $ 7,416 $ 7,638 $ 22,254
Habits cooking class x 6 Clubs=1200*6
18 Junior Staff-Workforce/career education:Teen
employment stipends-6 Clubs x6youthx$300 $ 10,800 $ 11,124 $ 11,458 $ 33,382
19 ($100/wk for 3 weeks)
20 Recruiting Youth-Printing-flyers x6 Clubs x$240/yr $ 1,440 $ 1,483 $ 1,528 $ 4,451
Educational events-Vist colleges,museums-youth-
21 ledtrips Iperyear=6*$1500;using BGClubvans $ 9,000 $ 9,270 $ 9,548 $ 27,818
and Class B Drivers
22 Recognition and participation incentives foryouth @ $ 3,600 $ 3,708 $ 3,819 $ 11,127
$50/month x 6 Clubs
23 Physical Education/Sports equipment$600 per $ 3,600 $ 3,708 $ 3,819 $ 11,127
Club/yearx 6Clubs
24 Mental Health(well-being)speakerforeach Club $ 600 $ 1,400 $ 1,400 $ 4,200
minimum 1x peryearx$100x 6
25 General Liability&Other Insurance required $ 7,035 $ 7,246 $ 7,463 $ 21,744
TOTAL OCCUPANCY,SUPPLIES AND OTHER
$ 61,275 $ 63,895 $ 65, $ 191,740
26 OPERATING EXPENSE -
$ 170,179 $ 176,067 $ 181,307 $ 528,353
27 INDIRECTCOSTS-De minimus10%Rate $ 20,000 $ 25,750 $ 26,500 $ 72,250
28 TOTAL PROJECT BUDGET $ 190,179 $ 201,817 $ 207,807 $ 600,603
28
1 Exhibit B (continued)
2 Drawdown Request Form
3
Date:
4
5 County of Fresno
ARPA- SLFRF Coordinator
6 2281 Tulare Street, Room 304
Fresno, CA 93721
7
Subject: Drawdown Request for
8 Subrecipient Program Subrecipient Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting drawdown payment of$ in support of the
11 Program.
12 The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the
13 amount of work that has been completed to date, detailing items purchased, and expenses
14 incurred or anticipated to be incurred in support of the Program in accordance with the
15 Subrecipient Expenditure Plan (Exhibit B, Table 1-1) documented in the executed Agreement,
16 and as evidenced by the enclosed invoices and supporting documents.
17 Payee Invoice #/ Contract# Amount
18
19
20
21
22 Sincerely,
23
24 [Subrecipient Officer]
25 [Subrecipient Name]
26 Enclosure(s)
27
28
29
1 Exhibit C
2
PROGRAM
3 Tax Identification Number or Unique ID (TIN or Agreement Number:
4 SAM):
Name of Entity: Program Name:
5
Reporting Period State Date: Reporting Period End Date:
6
Expenditure Category: 2 Negative Economic Impacts
7
8 Total Award: $600,000 Remaining Balance:
9 EXPENDITURES
10 Category
Expenditures • . . . . .
11 Obligations
12 2 Addressing Educational Disparities
2.25 Academic, Social, and
13 Emotional Services
14 TOTAL
15
Describe program achievements and upcoming milestones:
16
17
18 Quarterly Status Report, select one:
19 Not started
Completed less than 50 percent
20 Completed more than 50 percent
Completed
21
22 PROJECT STATUS
23
24 AUTHORIZED SIGNATURE
25
26 Signature Date
27 Prepared by
(Print name)
28
30
1 Exhibit D
2 Annual Performance Report
3 All SUBRECIPIENTs that receive State and Local Fiscal Recovery Funds (SLFRF) awards are
4 required to produce an Annual Report. The Annual Report provides information on the
5 SUBRECIPIENT's Program, and how it plans to ensure program outcomes are achieved in an
6 effective and equitable manner.
7 The initial Annual Report must cover the period from the date of award to the following June 30th and
8 must be submitted to the County within 15 calendar days after the end of the reporting period.
9 Thereafter, the Annual Report will cover a 12-month period and subrecipients will be required to
10 submit the report to the County within 15 calendar days after the end of the 12-month period (by July
11 15th).
12 Annual Period Covered Due Date
13 1 Report Award — June 30, 2023 July 15, 2023
14 2 July 1, 2023 — June 30, 2024 July 15, 2024
3 July 1, 2024 — June 30, 2025 July 15, 2025
15 4 July 1, 2025 — June 30, 2026 July 15, 2026
16 5 1 July 1, 2026 — December 31, 2026 1 January 15, 2027
17 Instructions:
18 SUBRECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
19 Responsibilities (Reporting Guidance) located at: https:Hhome.treasurV.gov/system/files/136/SLFRF-
20 Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
21
22
23
24
25
26
27
28
31
1 Exhibit E
2 Self-Dealing Transaction Disclosure Form
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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24
25
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32
Exhibit E
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit E
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: Date:
1 Exhibit F
2 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
3 AWARD TERMS AND CONDITIONS
4 1. Use of Funds.
5 a) Subrecipient understands and agrees that the funds disbursed under this award may only be used
6 in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations
7 implementing that section, and guidance issued by Treasury regarding the foregoing.
8 b) Subrecipient will determine prior to engaging in any project using this assistance that it has the
9 institutional, managerial, and financial capability to ensure proper planning, management, and
10 completion of such project.
11
12 2. Period of Performance. The period of performance for this award begins on the date hereof and
13 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
14 award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
15 December 31, 2024.
16
17 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
18 they relate to this award.
19
20 4. Maintenance of and Access to Records.
21 a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
22 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
23 Treasury regarding the foregoing.
24 b) The Treasury Office of Inspector General and the Government Accountability Office, or their
25 authorized representatives, shall have the right of access to records (electronic and otherwise) of
26 Subrecipient in order to conduct audits or other investigations.
27 c) Records shall be maintained by Subrecipient for a period of five (5)years after all funds have been
28 expended or returned to Treasury, whichever is later.
35
1
2 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
3 from this award.
4
5 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct
6 and indirect costs as specified in the Scope of Work.
7
8 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
9
10 8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest
11 policy consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each
12 activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the
13 pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
14 accordance with 2 C.F.R. § 200.112.
15
16 9. Compliance with Applicable Law and Regulations.
17 a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted
18 by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the
19 foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations,
20 and executive orders, and Subrecipient shall provide for such compliance by other parties in any
21 agreements it enters into with other parties relating to this award.
22 b) Federal regulations applicable to this award include, without limitation, the following:
23 i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
24 Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
25 inapplicable to this Award and subject to such exceptions as may be otherwise provided by
26 Treasury. Subpart F -Audit Requirements of the Uniform Guidance, implementing the
27 Single Audit Act, shall apply to this award.
28
36
1 ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25, pursuant
2 to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
3 by reference.
4 iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
5 to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
6 by reference.
7 iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
8 (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
9 condition in all lower tier covered transactions (contracts and subcontracts described in 2
10 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's
11 implementing regulation at 31 C.F.R. Part 19.
12 V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth
13 in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
14 vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
15 vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
16 viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
17 ix. U.S.C. §§4601-4655) and implementing regulations.
18 X. Generally applicable federal environmental laws and regulations.
19 c) Statutes and regulations prohibiting discrimination applicable to this award include, without
20 limitation, the following:
21 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
22 ii. implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
23 race, color, or national origin under programs or activities receiving federal financial
24 assistance;
25 iii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
26 which prohibits discrimination in housing on the basis of race, color,
27 iv. religion, national origin, sex, familial status, or disability;
28
37
1 V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
2 prohibits discrimination on the basis of disability under any program or activity receiving
3 federal financial assistance;
4 vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
5 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
6 the basis of age in programs or activities receiving federal financial assistance; and
7 vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
8 seq.), which prohibits discrimination on the basis of disability under programs, activities, and
9 services provided or made available by state and local governments or instrumentalities or
10 agencies thereto.
11
12 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
13 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
14 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
15 award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
16 violation of section 602 (c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
17 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
18 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
19
20 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5
21 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
22 employees whose principal employment is in connection with an activity financed in whole or in part by this
23 federal assistance.
24
25 12. False Statements. Subrecipient understands that making false statements or claims in connection
26 with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
27 including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
28 or contracts, and/or any other remedy available by law.
38
1
2 13. Publications. Any publications produced with funds from this award must display the following
3 language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRP
4 3678 awarded to County of Fresno by the U.S. Department of the Treasury."
5
6 14. Debts Owed the Federal Government.
7 a) Any funds paid to Subrecipient (1) in excess of the amount to which Subrecipient is finally
8 determined to be authorized to retain under the terms of this award; (2) that are determined by the
9 Treasury Office of Inspector General to have been misused; or (3)that are determined by Treasury
10 to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and
11 have not been repaid by Subrecipient shall constitute a debt to the federal government.
12 b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
13 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
14 payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
15 or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
16 actions available to it to collect such a debt.
17
18 15. Disclaimer.
19 a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
20 persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
21 damages, or any other losses resulting in any way from the performance of this award or any
22 contract, or subcontract under this award.
23 b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
24 between the United States and Subrecipient.
25
26 16. Protections for Whistleblowers.
27 a) In accordance with 41 U.S.C. §4712, Subrecipient may not discharge, demote, or otherwise
28 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
39
1 provided below, information that the employee reasonably believes is evidence of gross
2 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
3 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
4 a violation of law, rule, or regulation related to a federal contract (including the competition for or
5 negotiation of a contract) or grant.
6 b) The list of persons and entities referenced in the paragraph above includes the following:
7 i. A member of Congress or a representative of a committee of Congress;
8 ii. An Inspector General;
9 iii. The Government Accountability Office;
10 iv. A Treasury employee responsible for contract or grant oversight or management;
11 V. An authorized official of the Department of Justice or other law enforcement agency;
12 vi. A court or grand jury; or
13 vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
14 has the responsibility to investigate, discover, or address misconduct.
15 c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
16 section, in the predominant native language of the workforce.
17
18 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217
19 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
20 policies and programs for their employees when operating company-owned, rented or personally owned
21 vehicles.
22
23 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FIR 51225 (Oct. 6,
24 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
25 policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
26 to decrease accidents caused by distracted drivers.
27
28
40
1 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
2 ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
3
4 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
5 Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
6 grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of
7 Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
8 and other arrangements with the intention of providing assistance. Federal financial assistance does not
9 encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
10 the Federal government at market value, or programs that provide direct benefits.
11 The assurances apply to all federal financial assistance from, or funds made available through the
12 Department of the Treasury, including any assistance that the Subrecipient may request in the future.
13 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
14 the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
15 Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
16
17 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
18 as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
19 discrimination under programs and activities receiving federal financial assistance, of any person in
20 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
21 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
22 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
23 memoranda, and/or guidance documents.
24 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
25 with Limited English Proficiency," seeks to improve access to federally assisted programs and
26 activities for individuals who, because of national origin, have Limited English proficiency(LEP).
27 Subrecipient understands that denying a person access to its programs, services, and activities
28 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
41
1 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly,
2 Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
3 directives, to ensure that LEP persons have meaningful access to its programs, services, and
4 activities. Subrecipient understands and agrees that meaningful access may entail providing
5 language assistance services, including oral interpretation and written translation where necessary,
6 to ensure effective communication in the Subrecipient's programs, services, and activities.
7 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
8 develops applicable budgets and conducts programs, services, and activities. As a resource, the
9 Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information
10 on taking reasonable steps to provide meaningful access for LEP persons, please visit
11 http://www.lep.gov.
12 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
13 of continued receipt of federal financial assistance and is binding upon Subrecipient and
14 Subrecipient's successors, transferees, and assignees for the period in which such assistance is
15 provided.
16 5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
17 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
18 agrees to incorporate the following language in every contract or agreement subject to Title VI and
19 its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
20 subcontractors, successors, transferees, and assignees:
21 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
22 comply with Title VI of the Civil Rights Act of 1964, which prohibits subrecipients of federal
23 financial assistance from excluding from a program or activity, denying benefits of, or
24 otherwise discriminating against a person on the basis of race, color, or national origin (42
25 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title VI
26 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
27 this contract(or agreement). Title VI also includes protection to persons with "Limited
28 English Proficiency"in any program or activity receiving federal financial assistance, 42
42
1 U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title VI
2 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
3 contract or agreement.
4 6. Subrecipient understands and agrees that if any real property or structure is provided or improved
5 with the aid of federal financial assistance by the Department of the Treasury, this assurance
6 obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
7 during which the real property or structure is used for a purpose for which the federal financial
8 assistance is extended or for another purpose involving the provision of similar services or benefits.
9 If any personal property is provided, this assurance obligates the Subrecipient for the period during
10 which it retains ownership or possession of the property.
11 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
12 of the Treasury of the aforementioned obligations. Enforcement may include investigation,
13 arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
14 these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
15 and reporting requirements.
16 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
17 complaints of discrimination on the grounds of race, color, or national origin, and limited English
18 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
19 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
20 completed, including outcome. Subrecipient also must inform the Department of the Treasury if
21 Subrecipient has received no complaints under Title VI.
22 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
23 compliance of Title VI and efforts to address the non-compliance, including any voluntary
24 compliance or other agreements between the Subrecipient and the administrative agency that
25 made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
26 Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
27 of any court or administrative agency finding of discrimination, please so state.
28
43
1 10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
2 responsible for ensuring that sub-recipients also comply with Title VI and other applicable
3 authorities covered in this document. State agencies that make sub-awards must have in place
4 standard grant assurances and review procedures to demonstrate that they are effectively
5 monitoring the civil rights compliance of subrecipients.
6 The United States of America has the right to seek judicial enforcement of the terms of this assurances
7 document, and nothing in this document alters or limits the federal enforcement measures that the United
8 States may take in order to address violations of this document or applicable federal law.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
44