HomeMy WebLinkAboutAgreement A-23-013 with the San Joaquin Valley Insurance Authority.pdf Agreement No. 23-013
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 San Joaquin Valley Insurance Authority (SJVIA), a joint powers agency,
6 with a corporate office in Fresno County, located at 2220 Tulare Street, Fresno, 14t"floor, California 93721
7 ("SUBRECIPIENT").
8 WITNESETH:
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, under Section 602(c)(3) of the ARPA, the COUNTY may transfer SLFRF to a special-
13 purpose unit of State or local government for eligible uses for the purpose of meeting ARPA's goals;
14 WHEREAS, the ARPA's eligible use categories, as outlined in the U.S. Department of the
15 Treasury's ("Treasury") Interim Final Rule of ARPA, dated May 17, 2021 ("Interim Final Rule"), and in the
16 Treasury's Final Rule, dated January 27, 2022 ("Final Rule"), are as follows (each an "Eligible Use,"
17 collectively "Eligible Uses"):
18 (1) To respond to the public health emergency or its negative economic impacts, including
19 assistance to households, small businesses, and nonprofits, or aid to impacted industries
20 such as tourism, travel, and hospitality;
21 (2) To respond to workers performing essential work during the COVID-19 public health
22 emergency by providing premium pay to eligible workers;
23 (3) For the provision of government services to the extent of the reduction in revenue due to
24 the COVID-19 public health emergency relative to revenues collected in the most recent
25 full fiscal year prior to the emergency; and
26 (4) To make necessary investments in water, sewer, or broadband infrastructure; and
27 WHEREAS, the Final Rule identified medical care and services to address the near-term and
28 potential longer-term impacts of the COVID-19 virus as and an Eligible Use, including costs related to that
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1 medical care provided directly to an individual due to a COVID-19 infection (e.g., treatment) or a potential
2 COVID-19 infection (e.g., testing); and
3 WHEREAS, the SUBRECIPIENT is a joint powers authority (JPA)formed by the County of Fresno
4 and the County of Tulare for the purpose of achieving greater purchasing power for health insurance
5 volume purchasing and reducing administrative costs; and
6 WHEREAS, SUBRECIPIENT operates COUNTY's self-funded health insurance plan program
7 ("County Insurance Plan"); and
8 WHEREAS, COUNTY employees paid health insurance premiums to SUBRECIPIENT, which were
9 then used by SUBRECIPIENT to pay for COVID-19 testing and COVID treatment of COUNTY's employees
10 and their family members covered by their County Insurance Plan; and
11 WHEREAS, SUBRECIPIENT incurred excess medical expenses due to the COVID-19 medical
12 care for COUNTY's employees and their dependents enrolled in the County Insurance Plan; and
13 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement is intended to
14 address the negative economic impacts of COVID-19, which was the excess medical expenses incurred by
15 SUBRECIPIENT due to the COVID-19 public health emergency, and specifically due to the COVID-19
16 medical care for COUNTY's employees and their dependents enrolled in the County Insurance Plan; and
17 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement is intended to
18 reimburse SUBRECIPIENT for the excess medical expenses incurred for the testing and treatment of
19 individuals infected with COVID-19, and specifically due to the COVID-19 medical care for COUNTY's
20 employees and their dependents enrolled in the County Insurance Plan; and
21 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement for the
22 reimbursement of excess medical expenses incurred related to the mitigation and prevention of the effects
23 of COVID-19, is reasonably designed to respond to the negative economic impact experienced by
24 SUBRECIPIENT, and benefit COUNTY's employees who pay insurance premiums into the County
25 Insurance Plan operated by SUBRECIPIENT, as COUNTY's employee's health insurance rates are
26 directly affected by the overall cost of medical expenses; and
27 WHEREAS, the Final Rule clarifies that when providing COVID-19 prevention and mitigation
28 services, recipients can identify the impacted population as the general public; and
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1 WHEREAS, COUNTY's employees who pay into its Program are members of the general public
2 residing throughout Fresno County, and they were negatively impacted by the COVID-19 public health
3 emergency; and
4 WHEREAS, based on SUBRECIPIENT's representations, COUNTY will grant SLFRF, up to the
5 amount stated herein, to SUBRECIPIENT to reimburse SUBRECIPIENT for excess medical expenses that
6 are directly attributable to COUNTY and its employees' share of medical expenses due to COVID-19
7 medical care, in support of COUNTY's employees' County Insurance Plan operated by SUBRECIPIENT
8 (also referred to herein as "Reimbursement Program"); and
9 WHEREAS, COUNTY has broad flexibility to use SLFRF for COVID-19 mitigation and
10 prevention, such as medical expenses for care and services required to address the short and long-term
11 needs related to the effects of the COVID-19 virus resulting from the COVID-19 public health emergency
12 within impacted communities, as an Eligible Use of SLFRF; and
13 WHEREAS, COUNTY has determined that the Reimbursement Program to be provided by
14 SUBRECIPIENT is an Eligible Use of SLFRF under the ARPA, in reliance on information provided by
15 SUBRECIPIENT; and
16 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that
17 COUNTY may provide SLFRF for appropriate and qualifying expenditures of SLFRF reimbursed to the
18 SUBRECIPIENT by the COUNTY for excess medical expenses that are directly attributable to COUNTY
19 and its employees' share of medical expenses due to COVID-19 medical care, in support of COUNTY's
20 Reimbursement Program, for one or more Eligible Uses, as permitted under the Interim Final Rule and
21 Final Rule.
22 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
23 contained, the parties hereto agree as follows:
24 1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
25 A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
26 Exhibit A to this Agreement, concerning SUBRECIPIENT and made by SUBRECIPIENT, are true and
27 correct, and that COUNTY may rely upon each of those representations in granting the SLFRF to
28 SUBRECIPIENT under this Agreement.
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1 B. SUBRECIPIENT acknowledges that the SLFRF granted under this Agreement are
2 a subaward of SLFRF up to the amount stated herein to carry out the Reimbursement Program.
3 C. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this
4 award may only be spent on documented Eligible Uses, which are directly attributable to COUNTY and
5 its employees' share of medical expenses under the County Insurance Plan operated by SUBRECIPIENT,
6 in compliance with the ARPA, the Treasury's regulations implementing section 602 of the ARPA, and
7 guidance issued by the Treasury regarding the foregoing.
8 D. SUBRECIPIENT represents that it will use these SLFRF to fund the
9 reimbursement of excess medical expenses for which excess costs are directly attributable to COUNTY
10 and its employees' share of medical expenses under the County Insurance Plan operated by
11 SUBRECIPIENT, and related to medical care provided directly to an individual due to COVID-19 infection
12 or potential infection, and that will in turn benefit COUNTY's employees who pay insurance premiums into
13 the County Insurance Plan as COUNTY's employees' health insurance rates are directly affected by the
14 overall cost of medical expenses.
15 E. During the Term of this Agreement as identified in Section 1(G), SUBRECIPIENT
16 shall carry out the Reimbursement Program by furnishing to the COUNTY the services described in
17 Exhibit, which is attached and incorporated herein by reference.
18 F. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible
19 to ensure that the SLFRF granted under this Agreement are spent in compliance with all ordinances of
20 the County of Fresno, and laws of the State of California, and all laws of the federal government. This
21 includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative
22 Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, the
23 Treasury's Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds ("Compliance
24 Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus State and Local Fiscal Recovery
25 Funds Interim Final Rule ("Interim Final Rule") (for expenditures before April 1, 2022) and Final Rule
26 ("Final Rule") (for expenditures on April 1, 2022, or later), and any subsequent updates, including
27 Treasury's Frequently Asked Questions. The award terms and conditions required by the Treasury are
28 set forth in Exhibit F, which is attached and incorporated by this reference, as provided by the Treasury.
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1 Notwithstanding anything provided in Section 8 of this Agreement, or in this Subsection 1(G),
2 SUBRECIPIENT has the sole responsibility for compliance under this Section 1(G).
3 G. Timeline. SUBRECIPIENT shall ensure that the Reimbursement Program is
4 diligently undertaken and completed, and all SLFRF granted under this Agreement are fully expended,
5 no later than December 31, 2026. On or before December 31, 2024, SUBRECIPIENT shall analyze,
6 and shall report to COUNTY in writing, whether SUBRECIPIENT can complete the Program or fully
7 expend the SLFRF granted under this Agreement by December 31, 2026. If SUBRECIPIENT is not
8 capable of completing the Program or fully expending the SLFRF granted under this Agreement on the
9 Program by December 31, 2026, SUBRECIPIENT shall return any previously issued SLFRF, which
10 have not been bindingly obligated to a permissible use, to COUNTY within fifteen (15) calendar days of
11 SUBRECIPIENT's notification to COUNTY of inability to complete the Reimbursement Program.
12 Additionally, on or before December 31, 2024, SUBRECIPIENT shall account for and report to COUNTY
13 all SLFRF which have not been bindingly obligated to a permissible use, and shall remit the same
14 unobligated SLFRF to the COUNTY within thirty (30) calendar days.
15 H. No Litigation. SUBRECIPIENT shall not use any SLFRF provided by the
16 COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or
17 penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against
18 SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at
19 law or in equity against COUNTY, nor institute, prosecute, or any way aid in the institution or
20 prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury
21 either to person or property, or both, whether developed or undeveloped, resulting or to result, known or
22 unknown, past, present, or future, arising out of, in any way, the terms of this Agreement.
23 I. SUBRECIPIENT agrees that if SUBRECIPIENT receives SLFRF from any other
24 local or state entity for all or any part of the Reimbursement Program for which SUBRECIPIENT has
25 received SLFRF from COUNTY under this Agreement, that SUBRECIPIENT shall contact COUNTY in
26 writing within five (5) business days. SUBRECIPIENT agrees that it may be required to return all or part
27 of the SLFRF received from the COUNTY if the total amount of SLFRF from all local and state entities
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1 exceeds the Program's budget, and if SUBRECIPIENT does not intend to expand the Reimbursement
2 Program.
3 J. None of the personnel employed in the administration of the Reimbursement
4 Program shall be in any way, or to any extent engaged in, the conduct of political activities prohibited by
5 Chapter 15 of Title 5, U.S. Code, as applicable.
6 K. 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 2. PROCUREMENT REQUIREMENTS
9 A. SUBRECIPIENT shall comply with all procurement requirements specified in the
10 Uniform Guidance, including, but not limited to, 2 C.F.R. Part 200 et. seq.
11 B. SUBRECIPIENT shall take all necessary affirmative steps to assure that minority
12 businesses, women's business enterprises, and labor surplus area firms are used when possible, when
13 procuring goods and services under this Agreement, including the affirmative steps described in 2 C.F.R. §
14 200.321.
15 C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a
16 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
17 States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
18 3. REPORTING REQUIREMENTS
19 A. Quarterly Program Expenditure Report: SUBRECIPIENT shall submit to
20 COUNTY designated contact, as designated by COUNTY's County Administrative Officer in writing at
21 the execution of this Agreement, quarterly expenditure reports through the term of this Agreement, as
22 provided by this Section 3.A. The reports shall contain, but are not limited to, the information described
23 in Exhibit C, which is attached and incorporated by this reference, as well as a statement, signed by the
24 SUBRECIPIENT, indicating that all expenditures in the report comply with the Interim Rule and the Final
25 Rule, as applicable, and ARPA guidelines for the SLFRF, as set forth by the Treasury. The quarterly
26 expenditure reports shall be submitted to COUNTY no later than fifteen (15) days after the end of each
27 quarter listed below for the term of this Agreement, beginning with the first quarter ending after the
28 Effective Date:
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1 1) January 1 — March 31, due by April 15
2 2) April 1 —June 30, due by July 15
3 3) July 1 — September 30, due by October 15
4 4) October 1 — December 31, due by January 15
5 B. Annual Performance Report: Within fifteen (15) days after June 30 of each year,
6 SUBRECIPIENT shall submit one "Annual Performance Report" to the COUNTY, covering all
7 performance by the SUBRECIPIENT under this Agreement for the fiscal year ending on June 30. The
8 report shall contain, but not limited to, the information contained in Exhibit D, which is attached and
9 incorporated by this reference.
10 C. Final Report: A "Final Program Report" shall be submitted to COUNTY within
11 thirty (30) days upon completion of the Reimbursement Program. The Final Program Report shall
12 include an accounting of all costs and expenses incurred by SUBRECIPIENT, and any other information
13 as the COUNTY deems necessary to facilitate closeout of the Reimbursement Program, and ensure
14 COUNTY's obligations and requirements under SLFRF are met. The Final Program Report will not be
15 deemed complete until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final
16 Program Report.
17 4. NONDISCRIMINATION
18 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
19 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
20 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
21 employee, applicant for employment or person receiving services under this Agreement because of race,
22 religious creed, color, national origin, ancestry, physical or mental disability including perception of
23 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
24 sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military
25 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
26 shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination
27 and equal opportunity, including, without limitation, the COUNTY's non-discrimination policy; Title VI of the
28 Civil Rights Act of 1964 (42 U.S.C. sections 2000d et seq.) and Treasury's implementing regulations at 31
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1 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or
2 activities receiving federal financial assistance; The Fair Housing Act, Title VIII of the Civil Rights Act of
3 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color,
4 religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act of 1973, as
5 amended (42 U.S.C. sections 6101 et seq.), and the Treasury's implementing regulations at 31 C.F.R. part
6 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial
7 assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. sections
8 12101 et 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 agencies
10 thereto; The Fair Employment and Housing Act(Government Code sections 12900 et seq.); California
11 Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and
12 all applicable regulations promulgated in the California Code of Regulations or the Code of Federal
13 Regulations.
14 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
15 this Section 4 in all subcontracts to perform work under this Agreement.
16 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
17 opportunity to express, and have considered, their views, grievances, and complaints regarding
18 SUBRECIPIENT's delivery of services.
19 5. CONFLICTS OF INTEREST; ETHICS
20 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
21 policy consistent with 2 CFR § 200.318(c), and that such conflict-of-interest policy is applicable to each
22 activity funded under this award. Subrecipient must disclose in writing to the TREASURY and to COUNTY
23 any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR§ 200.12. Further,
24 no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any gifts, service, favor,
25 employment, engagement, remuneration, or economic opportunity which would tend to improperly to
26 influence a reasonable person in that position to depart from the faithful and impartial discharge of the
27 duties of that position.
28 B. No officer, agent, consultant, or employee of SUBRECIPIENT may use his or her
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1 position to secure or grant any unwarranted privilege, preference, exemption, or advantage for himself or
2 herself, any member of his or her household, any business entity in which he or she has a financial interest,
3 or any other person.
4 C. No officer, agent, consultant, or employee of SUBRECIPIENT may participate as an
5 agent of SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT and any
6 private business in which he or she has a financial interest.
7 D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any
8 report or other document because it might tend to affect unfavorably his or her private financial interests.
9 E. No officer, agent, consultant, employee, or elected or appointed official of the
10 COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any
11 contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for himself or
12 herself, or for those whom he or she has family or business ties, during his or her tenure, or for one year
13 thereafter, for any of the work to be performed pursuant to the Program.
14 6. REQUIRED LICENSES, CERTIFICATES, AND PERMITS
15 A. Any licenses, certificates or permits required by the federal, state, county, or municipal
16 governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A
17 must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this
18 Agreement.
19 B. SUBRECIPIENT must maintain such licenses, certificates and permits in full force and
20 effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses, professional
21 licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and
22 maintained by SUBRECIPIENT at no expense to the COUNTY.
23 C. Subrecipient must show proof of an established "indirect cost rates," as defined by the
24 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (5
25 U.S.C. 301; 2 CFR 200)with either the Federal Government, or a final negotiated "indirect cost rate" with
26 COUNTY that complies with the Uniform Guidelines within 3 months of receipt of SLFRF.
27 7. OFFICE SPACE, SUPPLIES, EQUIPMENT, AND OPERATING OVERHEAD
28 SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference materials,
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1 and telephone service necessary for SUBRECIPIENT to provide the services and operate the Program
2 identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay SUBRECIPIENT for
3 any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such items. Responsibility for
4 the costs and expenses incurred by SUBRECIPIENT in providing and maintaining such items is the sole
5 responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall comply with the Uniform
6 Cost Administrative Principles, and Audit Requirements for Federal Awards.
7 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY
8 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with the
9 Treasury's Compliance and Reporting Guidance, which includes submitting mandatory periodic reports
10 to the Treasury.
11 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the Treasury for
12 SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF program,
13 SLFRF Award Terms and Conditions, the Interim Final Rule or Final Rule, as applicable, and reporting
14 requirements, as applicable.
15 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
16 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
17 Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve
18 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
19 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to the
20 Treasury, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
21 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY
22 9. PENALTIES
23 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
24 described herein, may result in the Treasury's recoupment of SLFRF from the COUNTY, and that in such
25 an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
26 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
27 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY
28 may impose additional conditions, as described in 2 C.F.R. § 200.208. If the COUNTY determines that
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1 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
2 of the following actions, as appropriate in the circumstances:
3 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
4 refund SLFRF upon demand by COUNTY.
5 B. Temporarily withhold cash payments pending correction of the deficiency by
6 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
7 C. Disallow(that is, deny both use of funds and any applicable matching credit for) all
8 or part of the cost of the activity or action not in compliance;
9 D. Wholly or partly suspend or terminate the SLFRF;
10 E. Recommend the Treasury initiate suspension or debarment proceedings;
11 F. Withhold further SLFRF for the Program; and
12 G. Take other remedies that may be legally available.
13 10. FINANCIAL MANAGEMENT
14 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
15 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
16 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
17 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
18 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
19 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
20 accounts that correspond to each such authorized use provided further that such separate accounts are
21 subject to this Section 10.A., and are segregated and identified by a unique identifier. In no event shall
22 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
23 or charge. SUBRECIPIENT shall maintain its records and accounts, including but not limited to the
24 SLFRF Account, in such a manner that the SLFRF granted by the COUNTY under this Agreement can
25 be traceable by COUNTY to enable COUNTY to confirm that all of such amounts so spent by
26 SUBRECIPIENT are directly attributable to excess medical expenses for which excess costs are directly
27 attributable to COUNTY and its employees' share of medical expenses under the County Insurance Plan
28 operated by SUBRECIPIENT.
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1 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
2 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
3 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
4 Uniform Guidance requirements apply or how they apply.
5 C. Pursuant to 2 C.F.R. 200.303, the SUBRECIPIENT shall develop and implement
6 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
7 Eligible Uses of SLFRF, and shall document all funding decisions. Upon request by COUNTY, the
8 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to
9 the COUNTY.
10 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
11 recent single audit under 2 C.F.R. Part 200, or a certification that SUBRECIPIENT expended less than
12 $750,000 of Federal funds during that reporting period. If SUBRECIPIENT submits a letter stating it
13 expended less than $750,000 in Federal funds, SUBRECIPIENT shall provide a recent financial
14 statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial
15 accountability submissions shall be provided to County of Fresno, County Administrative Office located
16 at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically to e-mail address
17 tresnocao(a)_fresnocountyca.gov.
18 E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred,
19 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
20 transaction by any federal department or agency. This certification is made pursuant to the regulations
21 implemented by 2 C.F.R. Part 200, Subpart 200.214, Debarment and Suspension, and any relevant
22 program-specific regulations. This provision shall be required of every subcontractor receiving any
23 payment in whole or in part from Federal funds.
24 F. SUBRECIPIENT shall record all costs of the Program by budget line items, which
25 shall be supported by adequate source documentation, including payroll ledgers, time records, invoices,
26 contracts, vouchers, orders, and other accounting documents evidencing in proper detail the nature and
27 propriety of all costs. At any time during normal business hours, SUBRECIPIENT's financial transactions
28 with respect to the Program may be audited by the COUNTY or independent auditors contracted by the
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1 COUNTY, or any combination thereof. The representatives of the auditing agency or agencies shall
2 have access to all books, documents, accounts, records, reports, files, papers, things, property,
3 contractors of program services, and other persons pertaining to such financial transactions and
4 necessary to facilitate the audit.
5 G. Copies, excerpts, or transcripts of all of the books, documents, papers, and
6 records, including invoices, payroll registers, time records, invoices, contracts, and accounting
7 documents concerning matters that are reasonably related to the Program shall be provided upon
8 request to the COUNTY.
9 H. Expenditures eligible for reimbursement from the SLFRF are described in Exhibit
10 B, which is attached and incorporated by this reference. SUBRECIPIENT shall not make any changes in
11 the line-item expenditures in Exhibit B without prior written approval of the COUNTY.
12 I. No cash reimbursement for purchases of any kind is allowable.
13 11. TERM
14 The term of this Agreement shall comply with ARPA Guidelines, and shall commence on the
15 Effective Date, until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program
16 Report under section 3.C. of this Agreement, unless sooner terminated as provided herein. Notwithstanding
17 timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to cover costs incurred
18 during the time period set forth by the Treasury. The COUNTY's written acceptance of the Final Program
19 Report under section IC of this Agreement shall include the COUNTY's written notification to the
20 SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The County Administrative
21 Officer or his or her designee is authorized to execute this written acceptance of the Final Program Report
22 and notification of term end to SUBRECIPIENT.
23 12. TERMINATION
24 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
25 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
26 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
27 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty (30)
28 days advance written notice.
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1 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
2 Agreement in whole or in part, where in the determination of the COUNTY there is:
3 1) An illegal or improper use of funds;
4 2) A failure to comply with any term of this Agreement;
5 3) A substantially incorrect or incomplete report submitted to the COUNTY;
6 4) Improperly performed service.
7 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
8 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
9 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
10 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
11 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
12 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
13 shall promptly refund any such SLFRF upon demand.
14 C. Without Cause: Under circumstances other than those set forth above, this
15 Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention
16 to terminate to SUBRECIPIENT.
17 13. GRANT FUNDING/COMPENSATION
18 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
19 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to reimburse
20 SUBRECIPIENT, and SUBRECIPIENT agrees to receive total SLFRF payment in an amount not to
21 exceed two million, four hundred twenty-six thousand, seven hundred thirty-four dollars and no cents
22 ($2,426,734.00).
23 It is expressly agreed and understood that the total amount of SLFRF to be granted
24 by COUNTY to SUBRECIPIENT for the Program shall not exceed two million, four hundred twenty-six
25 thousand, seven hundred thirty-four dollars ($2,426,734). SLFRF provided under this Agreement will
26 provide funding to reimburse excess medical expenses incurred by SUBRECIPIENT related to medical
27 care and services to address the near-term and potential longer term impacts of the COVID-19 virus,
28 which services were provided directly to COUNTY's employees and their family members covered by
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1 their self-funded health insurance program, in the amount of two million, four hundred twenty-six
2 thousand, seven hundred thirty-four dollars ($2,426,734), consisting of excess medical expenses for the
3 period of March 3, 2021, through February 28, 2022, which would benefit COUNTY's employees who pay
4 into its self-funded health insurance program, who reside throughout Fresno County and neighboring
5 communities and are members of the general public and were negatively impacted by the COVID-19 public
6 health emergency.
7 B. SUBRECIPIENT shall submit a detailed reimbursement request, including invoices,
8 contracts from third parties, or other documentation from the self-funded medical plan, detailing the excess
9 medical expenses listed in Exhibit B for the Program that are directly attributable to COUNTY and its
10 employee's share of medical expenses due to COVID-19 medical care. SUBRECIPIENT shall not invoice
11 under this Agreement costs potentially reimbursable from other sources of funds, including State, Federal,
12 and/or private insurance sources.
13 C. SUBRECIPIENT shall submit invoices to the County of Fresno, County Administrative
14 Office located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail address
15 fresnocao@fresnocountyca.gov. Payments by COUNTY shall be in arrears for services provided during
16 the preceding period of time, within forty-five (45) days from date of receipt, verification and approval of
17 SUBRECIPIENT's invoice and supporting documentation by COUNTY. If SUBRECIPIENT fails to comply
18 with any provision of this Agreement, COUNTY shall be relieved of its obligations for further compensation.
19 D. To ensure compliance with Federal and State regulations, COUNTY may require
20 additional supporting documentation or clarification of claimed expenses as follows:
21 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
22 documentation or clarification.
23 ii. SUBRECIPIENT shall respond within five (5) business days with required
24 additional documentation or clarification to avoid disallowances/partial payment of invoice.
25 iii. All invoices containing expenses that need additional documentation or
26 clarification not provided to COUNTY within five (5) business days of request shall have those expenses
27 disallowed, and only the allowed expenses shall be paid.
28 iv. SUBRECIPIENT may resubmit disallowed expenses as a supplemental invoice
15
1 only, and must be accompanied by required documentation.
2 E. All expenses incidental to SUBRECIPIENT'S performance of services in carrying out
3 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
4 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
5 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
6 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
7 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
8 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT. County
9 has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
10 14. INDEPENDENT CONTRACTOR
11 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
12 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
13 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
14 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
15 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
16 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
17 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
18 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
19 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
20 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
21 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right
22 to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable
23 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
24 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
25 to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all
26 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
27 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
28 15. MODIFICATION
16
1 Any matters of this Agreement may be modified from time to time by the written consent of all the
2 parties without, in any way, affecting the remainder.
3 16. NON-ASSIGNMENT
4 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
5 this Agreement without the prior written consent of the other party.
6 17. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at
7 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs
8 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
9 losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by
10 SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs
11 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
12 losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
13 performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this
14 Agreement.
15 SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
16 Treasury arising from this Agreement. Such indemnification shall not be limited to the term of this
17 Agreement.
18 The provisions of this Section 17 shall survive the termination of this Agreement.
19 18. INSURANCE
20 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
21 parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
22 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
23 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
24 A. Commercial General Liability
25 Commercial General Liability Insurance with limits of not less than Two Million Dollars
26 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
27 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
28 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
17
1 liability or any other liability insurance deemed necessary because of the nature of this contract.
2 B. Automobile Liability
3 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
4 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
5 used in connection with this Agreement.
6 C. Professional Liability
7 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
8 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
9 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. SUBRECIPIENT
10 agrees that it shall maintain, at its sole expense, in full force and effect for a period of three (3) years
11 following the termination of this Agreement, one or more policies of professional liability insurance with
12 limits of coverage as specified herein.
13 D. Worker's Compensation
14 A policy of Worker's Compensation insurance as may be required by the Labor Code.
15 Additional Requirements Relating to Insurance
16 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming
17 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
18 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
19 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
20 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
21 provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without
22 a minimum of thirty(30) days advance written notice given to COUNTY.
23 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
24 employees any amounts paid by the policy of worker's compensation insurance required by this
25 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
26 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under
27 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
28 Within Thirty (30)days from the date SUBRECIPIENT signs and executes this Agreement,
18
1 SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the
2 foregoing policies, as required herein, to the County of Fresno, County Administrative Office, Attention:
3 ARPA—SLFRF Coordinator , 2281 Tulare Street, Room 304, Fresno, CA 93721, stating that such
4 insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents
5 and employees will not be responsible for any premiums on the policies; that for such worker's
6 compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its officers,
7 agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate
8 the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its
9 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the
10 operations under this Agreement are concerned; that such coverage for additional insured shall apply as
11 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents
12 and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's
13 policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)
14 days advance, written notice given to COUNTY.
15 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
16 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
17 Agreement upon the occurrence of such event.
18 All policies shall be issued by admitted insurers licensed to do business in the State of California,
19 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
20 FSC VI or better.
21 19. RECORDKEEPING AND CONFIDENTIALITY
22 A. Pursuant to the Compliance Guidance published by Treasury, the SUBRECIPIENT
23 must maintain records and financial documents for five (5) years after all SLFRF have been expended or
24 returned to Treasury. SUBRECIPIENT acknowledges that the Compliance Guidance published by Treasury
25 may change, and understands that any changes must be complied with. SUBRECIPIENT is responsible to
26 comply with any changes made to the Compliance Guidance, and COUNTY has no responsibility to notify
27 the SUBRECIPIENT of any changes to the Compliance Guidance by Treasury.
28 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
19
1 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
2 disclosure pursuant to California Consumer Privacy Act (CCPA) to ensure against a breach of security
3 of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have established
4 written policies and procedures that align with CCPA, and shall follow such procedures. Upon request,
5 SUBRECIPIENT shall make available to COUNTY staff such written policies and procedures, and shall
6 be monitored for compliance.
7 20. AUDITS AND INSPECTIONS:
8 A. SUBRECIPIENT shall, at anytime during business hours, and as often as the
9 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
10 with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
11 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
12 SUBRECIPIENT'S compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
13 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
14 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
15 reviewing entity deems to be appropriate in order to determine:
16 1) Whether the objectives of the Program are being achieved;
17 2) Where the Program is being operated in efficient and effective manner;
18 3) Whether management control systems and internal procedures have
19 been established to meet the objectives of the Program;
20 4) Whether the financial operations of the Program are being conducted
21 properly;
22 5) Whether the periodic reports to the COUNTY contain accurate and
23 reliable information;
24 6) Whether all of the activities of the Program are conducted in compliance
25 with the provisions of state and federal laws and regulations and this
26 Agreement; and
27 7) Whether all activities associated with the Program are in compliance with
28 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
20
1 Guidance, and any subsequent guidance issued by Treasury.
2 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
3 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
4 by the COUNTY or its designees, and the Treasury, for five (5) years following termination of this
5 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
6 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
7 to promptly reimburse the COUNTY for such payments upon request.
8 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
9 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
10 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
11 requirements.
12 21. NOTICES The persons and their addresses having authority to give and receive notices
13 under this Agreement include the following:
14 COUNTY SUBRECIPIENT
15 COUNTY OF FRESNO San Joaquin Valley Insurance Authority (SJVIA)
ARPA- SLFRF Coordinator 2220 Tulare Street, 14th Floor
16 2281 Tulare Street, Room 304 Fresno, CA 93721
Fresno, CA 93721 Attn: Hollis Magill,
17 SJVIA Manager
18 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this Agreement
19 must be in writing and delivered either by personal service, by first-class United States mail, by an overnight
20 commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service
21 is effective upon service to the recipient. A notice delivered by first-class United States mail is effective
22 three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the
23 recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business
24 day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery
25 instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic
26 facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed
27 outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next
28 beginning of a COUNTY business day), provided that the sender maintains a machine record of the
21
1 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
2 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
3 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
4 beginning with section 810).
5 22. GOVERNING LAW
6 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
7 California.
8 The rights and obligations of the parties and all interpretation and performance of this Agreement
9 shall be governed in all respects by the laws of the State of California.
10 23. ADVICE OF ATTORNEY
11 Each party warrants and represents that in executing this Agreement, it has received
12 independent legal advice from its attorneys, or the opportunity to seek such advice.
13 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
14 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
15 or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status
16 to operate as a corporation.
17 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing transactions
18 that they are a party to while SUBRECIPIENT is providing goods or performing services under this
19 agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party
20 and in which one or more of its directors has a material financial interest. Members of the Board of
21 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
22 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and incorporated herein by
23 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
24 immediately thereafter.
25 25. ELECTRONIC SIGNATURES
26 The parties agree that this Agreement may be executed by electronic signature as provided in
27 this section. An "electronic signature" means any symbol or process intended by an individual signing
28 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
22
1 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
2 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
3 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
4 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
5 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
6 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
7 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
8 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
9 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
10 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
11 conditioned upon the parties conducting the transactions under it by electronic means and either party
12 may sign this Agreement with an original handwritten signature.
13 26. ENTIRE AGREEMENT:
14 This Agreement constitutes the entire agreement between the SUBRECIPIENT and COUNTY with respect
15 to the subject matter hereof, and supersedes all previous Agreement negotiations, proposals,
16 commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless
17 expressly included in this Agreement. Notwithstanding this provision, any additional requirements and/or
18 guidelines set forth by the TREASURY regarding the uses and reporting requirements for ARPA SLFRF
19 after the execution of this Agreement shall be understood to be integrated into this Agreement, and binding
20 on the parties.
21
22
23
24
25
26
27
28
23
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
2 hereinabove written.
3
4 SUS ECIPIENT COUNTY OF FRESNO
5 M"j-1
Hollis Magill, 41 Q irfero, hairman of the Board of
6 SJVIA Manager is`ars,oFthe County of Fresno
7 San Joaquin Valley Insurance Authority(SJVIA)
Mailing Address:
8 2220 Tulare Street, 1411 Floor
Fresno, CA 93721
9
10 ATTEST:
Bernice E. Seidel
11 Clerk of the Board of Supervisors
12 County of Fresno, State of California
13
14
15 By: t'—
eputy
16 FOR ACCOUNTING USE ONLY:
17 Fund: 0026
18 Subclass: 91021
19 ORG: 1033
20 Account:7845
21
22
23
24
25
26
27
28
24
1 EXHIBIT A
2 Program Description
3
4 SUBRECIPIENT will utilize SLFRF provided under this Agreement to reimburse excess medical expenses
5 incurred by SUBRECIPIENT related to medical care and services to address the near-term and potential
6 longer term impacts of the COVID-19 virus, which services were provided directly to COUNTY's employees
7 and their family members covered by their self-funded health insurance program (also referred to in this
8 Agreement as"County Insurance Plan"), in the amount of$2,426,734, consisting of excess medical expenses
9 for the period of March 3, 2021, through February 28, 2022, which would benefit COUNTY's employees
10 who pay into its self-funded health insurance program, who reside throughout Fresno County and
11 neighboring communities and are members of the general public and were negatively impacted by the
12 COVID-19 public health emergency. The SJVIA is able to determine and document the share of COVID-19
13 medical expenses allocable to the County of Fresno.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
25
1 EXHIBIT B
2 Subrecipient Expenditure Plan
3
4 SUBRECIPIENT shall submit a detailed reimbursement request, including invoices, contracts from third
5 parties, or other documentation from the self-funded medical plan, detailing the excess medical
6 expenses listed in Exhibit B, Table 1-1, for the Program that are directly attributable to COUNTY and its
7 employee's share of medical expenses due to COVID-19 medical care. SUBRECIPIENT shall not
8 invoice under this Agreement costs potentially reimbursable from other sources of funds, including
9 State, Federal, and/or private insurance sources..
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
26
EXHIBIT B (cont.)
Table 1-1
Anthem :-:
COVID-1Q data last updated 03/02/2201:40 EST
Incurred Month Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Total
Runout Month 12 11 30 9 8 7 6 5 4 3 2 1 0
Total Paid Amount $63,436.53 $51,908.72 $67,639.18 $73,518.93 $160,705.86 $537,107.44 $172,892.98 $209,793.07 $778,927.29 $112,060.86 $162,558.01 $36,185.38 $0.00 $2,426,734.25
Inpatient $0.00 $11,139.00 $44,552.00 $40,472.00 $112,158.00 $448,100.00 $86,664.69 $136,482.10 $706,432.47 $41,876.00 $44,924.85 $0.00 $0.00 $1,672,801.11
Outpatient $19,346.06 $1,837.53 $2,070.60 $3,924.47 $8,804.31 $8,774.16 $6,484.25 $14,014.23 $28,125.15 $8,200.16 $14,708.91 $9,776.69 $0.00 $126,066.52
ED $11,267.19 $15,039.99 $34.42 $8,100.58 $13,451.70 $15,455.43 $16,460.70 $19,701.43 $10,991.81 $8,227.50 $21,599.85 $10,527.82 $0.00 $150,858.42
Professional $32,823.28 $23,892.20 $20,982.16 $21,021.88 $26,291.85 $64,777.85 $63,283.34 $39,595.31 $33,377.86 $53,757.20 $81,324.40 $15,880.87 $0.00 $477,008.20
Total Visits/Admits 439 333 258 288 406 864 867 623 510 697 1225 224 0 6734
Inpatient 0 1 3 2 3 7 4 6 3 3 3 0 0 35
Outpatient 21 11 20 29 24 39 44 64 56 49 48 14 0 419
ED 25 27 10 18 31 28 32 32 23 22 31 10 0 289
Professional 393 294 225 239 348 790 787 521 428 623 1143 200 0 5991
Unique Claimants 235 196 151 190 252 530 515 391 316 435 707 157 0 4075
Inpatient 0 1 3 1 3 6 4 5 3 3 3 0 0 32
Outpatient 15 10 15 22 16 28 30 52 44 31 28 11 0 302
ED 17 19 10 13 21 18 22 21 17 17 20 6 0 201
Professional 213 173 126 160 222 498 479 338 265 394 679 145 0 3692
Confirmed Cases 32 16 6 12 18 63 68 45 33 66 233 48 0 640
Anthem Blue Crass is the trade name of Blue Cross of California.Independent licensee of the Blue Cross Association.Anthem is a registered trademark of Anthem Insurance Companies,Inc.
Report is as of 03.03.21-03.02.22
County of Fresno had no COVID related claims paid on 03.01.2021 and 03.02.2021.
27
1 EXHIBIT C
2 Subrecipient Quarterly Program Expenditure Report (Template)
3 PROGRAM
4 Identifying and demographic Agreement Number:
information (DUNS):
5 Name of Entity: Program Name:
6 Reporting Period Start Date: Reporting Period End Date:
7 Expenditure Category: 1.6 Medical Expenses
8 Total Award: $2,426,734 Remaining Balance:
9
10 EXPENDITURES
Category
11 Expenditures Obligations Period Period
to date ($) to date ($) Expenditures Obligations
12 1 Public Health — COVID-19 Mitigation & Prevention
13 1.6 Medical Expenses
14 TOTAL
15 Describe program achievements and upcoming milestones:
16
17
PROJECT STATUS
18 Q arterly Status Report, select one.
19 Not started
completed less than 50 percent
20 completed more than 50 percent
Completed
21
22 AUTHORIZED SIGNATURE
23
24 Signature Date
25
Prepared by:
26 (Print name)
27
28
28
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).
12Annual Period Covered Due Date
Rer)
rt
13 1 • Award — June 30 2022 July 15 2022
14 2 July 1 2022 — June 30 2023 July 15 2023
3 July 1 2023 — June 30 2024 July 15 2024
15 4 July 1, 2024 — June 30, 2025 July 15, 2025
16 5 July 1, 2025 — June 30, 2026 July 15, 2026
6 July 1, 2026 — December 31, 2026 January 15, 2027
17
18 Instructions:
19 SUBRECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
20 Responsibilities (Reporting Guidance) located at: https:Hhome.treasurV.gov/system/files/136/SLFRF-
21 Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
22
23
24
25
26
27
28
29
1 EXHIBIT E
2 Self-Dealing Transaction Disclosure Form
3
In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members
4
of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any
5
self-dealing transactions that they are a party to while providing goods, performing services, or both for
6
the County. A self-dealing transaction is defined below:
7
8 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"
9
10 The definition above will be utilized for purposes of completing this disclosure form.
11 INSTRUCTIONS
12 (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.
13 (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:
14 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
15 board member has.
16 (4) Describe in detail why the self-dealing transaction is appropriate based on
applicable provisions of the Corporations Code.
17 (5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
18
19
20
21
22
23
24
25
26
27
28
30
1 (1) Company Board Member Information:
2 Name: Date:
Job Title:
3 (2) Company/Agency Name and Address:
4
5
6
7
8
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
9
10
11
12
13
14
15
16
17
18
19 (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations
20 Code 5233 (a):
21
22
23
24
25
26 (5)Authorized Signature
27 Signature: Date:
28
31
1
EXHIBIT F
2
U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
3
AWARD TERMS AND CONDITIONS
4
5
1. Use of Funds.
6
a) Subrecipient understands and agrees that the funds disbursed under this award may only be used
7
in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations
8
implementing that section, and guidance issued by Treasury regarding the foregoing.
9
10 b) Subrecipient will determine prior to engaging in any project using this assistance that it has the
11 institutional, managerial, and financial capability to ensure proper planning, management, and
12 completion of such project.
13
14 2. Period of Performance. The period of performance for this award begins on the date hereof and
15 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
16 award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
December 31, 2024.
17
18
3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
19
20 they relate to this award.
21
4. Maintenance of and Access to Records.
22
a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
23
24 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
25 Treasury regarding the foregoing.
b) The Treasury Office of Inspector General and the Government Accountability Office, or their
26
authorized representatives, shall have the right of access to records (electronic and otherwise) of
27
Subrecipient in order to conduct audits or other investigations.
28
32
1 c) Records shall be maintained by Subrecipient for a period of five (5)years after all funds have been
2 expended or returned to Treasury, whichever is later.
3
4 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
5 from this award.
6
7 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct
8 and indirect costs as specified in the Scope of Work.
9
10 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
11
12 8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest
13 policy consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each
14 activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the
15 pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
16 accordance with 2 C.F.R. § 200.112.
17
18 9. Compliance with Applicable Law and Regulations.
19 a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted
20 by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the
21 foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations,
22 and executive orders, and Subrecipient shall provide for such compliance by other parties in any
23 agreements it enters into with other parties relating to this award.
24 b) Federal regulations applicable to this award include, without limitation, the following:
25 i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
26 Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
27 inapplicable to this Award and subject to such exceptions as may be otherwise provided by
28
33
1 Treasury. Subpart F -Audit Requirements of the Uniform Guidance, implementing the
2 Single Audit Act, shall apply to this award.
3 ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25, pursuant
4 to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
5 by reference.
6 iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
7 to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
8 by reference.
9 iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
10 (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
11 condition in all lower tier covered transactions (contracts and subcontracts described in 2
12 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
13 implementing regulation at 31 C.F.R. Part 19.
14 V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth
15 in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
16 vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
17 vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
18 viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
19 ix. U.S.C. §§4601-4655) and implementing regulations.
20 X. Generally applicable federal environmental laws and regulations.
21 c) Statutes and regulations prohibiting discrimination applicable to this award include, without
22 limitation, the following:
23 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
24 ii. implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
25 race, color, or national origin under programs or activities receiving federal financial
26 assistance;
27 iii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
28 which prohibits discrimination in housing on the basis of race, color,
34
1 iv. religion, national origin, sex, familial status, or disability;
2 V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
3 prohibits discrimination on the basis of disability under any program or activity receiving
4 federal financial assistance;
5 vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
6 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
7 the basis of age in programs or activities receiving federal financial assistance; and
8 vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
9 seq.), which prohibits discrimination on the basis of disability under programs, activities, and
10 services provided or made available by state and local governments or instrumentalities or
11 agencies thereto.
12
13 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
14 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
15 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
16 award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
17 violation of section 602 (c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
18 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
19 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
20
21 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5
22 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
23 employees whose principal employment is in connection with an activity financed in whole or in part by this
24 federal assistance.
25
26 12. False Statements. Subrecipient understands that making false statements or claims in connection
27 with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
28
35
1 including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
2 or contracts, and/or any other remedy available by law.
3
4 13. Publications. Any publications produced with funds from this award must display the following
5 language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRP
6 3678 awarded to County of Fresno by the U.S. Department of the Treasury."
7
8 14. Debts Owed the Federal Government.
9 a) Any funds paid to Subrecipient (1) in excess of the amount to which Subrecipient is finally
10 determined to be authorized to retain under the terms of this award; (2) that are determined by the
11 Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury
12 to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and
13 have not been repaid by Subrecipient shall constitute a debt to the federal government.
14 b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
15 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
16 payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
17 or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
18 actions available to it to collect such a debt.
19
20 15. Disclaimer.
21 a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
22 persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
23 damages, or any other losses resulting in any way from the performance of this award or any other
24 losses resulting in any way from the performance of this award or any contract, or subcontract
25 under this award.
26 b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
27 between the United States and Subrecipient.
28
36
1 16. Protections for Whistleblowers.
2 a) In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise
3 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
4 provided below, information that the employee reasonably believes is evidence of gross
5 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
6 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
7 a violation of law, rule, or regulation related to a federal contract (including the competition for or
8 negotiation of a contract)or grant.
9 b) The list of persons and entities referenced in the paragraph above includes the following:
10 i. A member of Congress or a representative of a committee of Congress;
11 ii. An Inspector General;
12 iii. The Government Accountability Office;
13 iv. A Treasury employee responsible for contract or grant oversight or management;
14 V. An authorized official of the Department of Justice or other law enforcement agency;
15 vi. A court or grand jury; or
16 vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
17 has the responsibility to investigate, discover, or address misconduct.
18 c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
19 section, in the predominant native language of the workforce.
20
21 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217
22 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
23 policies and programs for their employees when operating company-owned, rented or personally owned
24 vehicles.
25
26 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FIR 51225 (Oct. 6,
27 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
28
37
1 policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
2 to decrease accidents caused by distracted drivers.
3
4 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF
5 COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
6
7 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
8 Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
9 grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of
10 Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
11 and other arrangements with the intention of providing assistance. Federal financial assistance does not
12 encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
13 the Federal government at market value, or programs that provide direct benefits.
14 The assurances apply to all federal financial assistance from, or funds made available through the
15 Department of the Treasury, including any assistance that the Subrecipient may request in the future.
16 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
17 the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
18 Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
19
20 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
21 as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
22 discrimination under programs and activities receiving federal financial assistance, of any person in
23 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
24 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
25 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
26 memoranda, and/or guidance documents.
27 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
28 with Limited English Proficiency," seeks to improve access to federally assisted programs and
38
1 activities for individuals who, because of national origin, have Limited English proficiency(LEP).
2 Subrecipient understands that denying a person access to its programs, services, and activities
3 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
4 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly,
5 Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
6 directives, to ensure that LEP persons have meaningful access to its programs, services, and
7 activities. Subrecipient understands and agrees that meaningful access may entail providing
8 language assistance services, including oral interpretation and written translation where necessary,
9 to ensure effective communication in the Subrecipient's programs, services, and activities.
10 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
11 develops applicable budgets and conducts programs, services, and activities. As a resource, the
12 Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information
13 on taking reasonable steps to provide meaningful access for LEP persons, please visit
14 http://www.lep.gov.
15 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
16 of continued receipt of federal financial assistance and is binding upon Subrecipient and
17 Subrecipient's successors, transferees, and assignees for the period in which such assistance is
18 provided.
19 5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
20 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
21 agrees to incorporate the following language in every contract or agreement subject to Title VI and
22 its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
23 subcontractors, successors, transferees, and assignees:
24 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
25 comply with Title VI of the Civil Rights Act of 1964, which prohibits subrecipients of federal
26 financial assistance from excluding from a program or activity, denying benefits of, or
27 otherwise discriminating against a person on the basis of race, color, or national origin (42
28 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI
39
1 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
2 this contract(or agreement). Title VI also includes protection to persons with "Limited
3 English Proficiency"in any program or activity receiving federal financial assistance, 42
4 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title Vl
5 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
6 contract or agreement.
7 6. Subrecipient understands and agrees that if any real property or structure is provided or improved
8 with the aid of federal financial assistance by the Department of the Treasury, this assurance
9 obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
10 during which the real property or structure is used for a purpose for which the federal financial
11 assistance is extended or for another purpose involving the provision of similar services or benefits.
12 If any personal property is provided, this assurance obligates the Subrecipient for the period during
13 which it retains ownership or possession of the property.
14 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
15 of the Treasury of the aforementioned obligations. Enforcement may include investigation,
16 arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
17 these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
18 and reporting requirements.
19 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
20 complaints of discrimination on the grounds of race, color, or national origin, and limited English
21 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
22 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
23 completed, including outcome. Subrecipient also must inform the Department of the Treasury if
24 Subrecipient has received no complaints under Title VI.
25 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
26 compliance of Title VI and efforts to address the non-compliance, including any voluntary
27 compliance or other agreements between the Subrecipient and the administrative agency that
28 made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
40
1 Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
2 of any court or administrative agency finding of discrimination, please so state.
3 10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
4 responsible for ensuring that sub-recipients also comply with Title VI and other applicable
5 authorities covered in this document State agencies that make sub-awards must have in place
6 standard grant assurances and review procedures to demonstrate that that they are effectively
7 monitoring the civil rights compliance of subrecipients.
8
9 The United States of America has the right to seek judicial enforcement of the terms of this assurances
10 document, and nothing in this document alters or limits the federal enforcement measures that the United
11 States may take in order to address violations of this document or applicable federal law.
12
13
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15
16
17
18
19
20
21
22
23
24
25
26
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