HomeMy WebLinkAboutAgreement A-23-057 w Fresh Start Youth Center DBA Mollies House.pdf Agreement No. 23-057
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT
3 THIS AGREEMENT ("Agreement") is made and entered into this 7th day of February
4 2023 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
5 California ("COUNTY"), and Fresh Start Youth Center, Inc., DBA Mollie's House, a California 501(c)(3)
6 nonprofit corporation whose address is 2010 N. Fine Ave, Ste. 103A, Fresno, CA 93727
7 ("SUBRECIPIENT").
8 WITNESSETH:
9 WHEREAS, on March 11, 2021, the President signed into law the American Rescue Plan Act of
10 2021 ("ARPA")which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
11 Program; and
12 WHEREAS, the ARPA authorizes the COUNTY to expend SLFRF awarded to the COUNTY for
13 the following eligible purposes, outlined in the Interim Final Rule and Final Rule as follows (each an
14 "Eligible Use," collectively "Eligible Uses"):
15 (1) To respond to the COVID-19 public health emergency or its negative economic impacts;
16 (2) To respond to workers performing essential work during the COVID-19 public health
17 emergency;
18 (3) For the provision of government services to the extent of the reduction in revenue due to
19 the COVID-19 public health;
20 (4) To make necessary investments in water, sewer, or broadband infrastructure; and
21 WHEREAS, the COUNTY intends to allocate a portion of its SLFRF to SUBRECIPIENT for one or
22 more Eligible Uses; and
23 WHEREAS, the Final Rule emphasized that various types of violent crimes increased during the
24 course of the pandemic and that the ability of victims to access services decreased as a result of the
25 public health emergency; and
26 WHEREAS, the Final Rule provides that behavioral health services and supportive services for
27 victims of domestic violence, sexual assault, and human trafficking are responsive to the public health
28 emergency or negative economic impacts due to the pandemic, as enumerated uses of SLFRF; and
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1 WHEREAS, the SUBRECIPIENT represents that it is a nonprofit organization that aims to rescue,
2 protect, and restore young girls who have been victimized by trafficking in the Central Valley Region by
3 providing counseling, psychiatric care, addiction rehabilitation, residential care, and trauma-informed
4 mental health services in collaboration with community partners; and
5 WHEREAS, the SUBRECIPIENT represents that it is one of five residential facilities in the State
6 of California that exclusively serves domestic minor victims of sex trafficking; and
7 WHEREAS, the SUBRECIPIENT represents that it serves victims of crimes and human
8 trafficking through its project "Empowering Silent Voices" (ESV), which provides trauma-informed private
9 counseling and psychiatric care, addiction classes, equine therapy, case management, and mentorship.
10 Services will be provided via the SUBRECIPIENT's Short-Term Residential Therapeutic Program
11 (STRTP), which provides housing for three months to a year, and the Emergency Housing Program,
12 which provides emergency transitional housing for up to thirty days; and
13 WHEREAS, the SUBRECIPIENT represents that SLFRF provided under this Agreement will
14 address the negative public health impacts of the pandemic through its ESV Program, consisting of
15 expenditures related to personnel salaries and benefits, medical services, mental health services,
16 supplies, insurance, facilities, and professional fees (Program); and
17 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement is intended to
18 support a strong and equitable recovery from the COVID-19 pandemic and economic downturn by
19 providing funding assistance to the SUBRECIPIENT to implement the Program; and
20 WHEREAS, under Section 602(c)(3) of the ARPA, the COUNTY may transfer SLFRF to nonprofit
21 organizations for Eligible Uses, in particular those nonprofit organizations that serve individuals and
22 families that have been impacted by the pandemic, for the purpose of meeting ARPA's goals; and
23 WHEREAS, COUNTY has determined that the Program to be provided by SUBRECIPIENT is an
24 Eligible Use of SLFRF under the ARPA, in reliance on information provided by SUBRECIPIENT; and
25 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the
26 COUNTY may provide SLFRF to the SUBRECIPIENT for appropriate and qualifying expenditures, as
27 permitted under the Interim Final Rule and Final Rule.
28 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
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1 contained, the parties hereto agree as follows:
2 1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
3 A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
4 Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are true and
5 correct, and that COUNTY may rely upon each of those representations in granting the SLFRF to
6 SUBRECIPIENT under this Agreement.
7 B. SUBRECIPIENT acknowledges that the SLFRF granted under this Agreement are
8 a subaward of SLFRF to carry out the Program.
9 C. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this
10 award may only be spent on Eligible Uses in compliance with the ARPA, the United States Department
11 of the Treasury ("TREASURY") regulations implementing section 602 of the ARPA, and guidance issued
12 by the TREASURY regarding the foregoing.
13 D. SUBRECIPIENT represents that it intends to use SLFRF to implement its
14 Program, which serves victims of crimes and human trafficking with temporary and transitional housing,
15 case management, and mental health services. SLFRF provided under this Agreement will help fund
16 operational expenses for the implementation of the SUBRECIPIENT's Program, consisting of
17 expenditures related to personnel salaries and benefits, medical services, mental health services,
18 supplies, insurance, facilities, and professional fees, as shown on Table 1-1 of Exhibit B, attached and
19 incorporated by this reference.
20 E. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program
21 by furnishing to the COUNTY information described in Exhibit A, Program Description, which is attached
22 and incorporated by this reference.
23 F. Compliance. SUBRECIPIENT is obligated by this Agreement and is responsible
24 to ensure that SLFRF granted under this Agreement are spent in compliance with all ordinances of the
25 County of Fresno, and laws of the State of California, and all laws of the Federal government. This
26 includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative
27 Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, the
28 TREASURY's Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds
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1 ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus State and Local
2 Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for expenditures before April 1, 2022)
3 and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or later), and any subsequent updates,
4 including TREASURY's Frequently Asked Questions. The award terms and conditions required by the
5 TREASURY are set forth in Exhibit F, which is attached and incorporated by this reference, as provided
6 by the TREASURY. Notwithstanding anything provided in Section 8 of this Agreement, or in this
7 Subsection 1(F), SUBRECIPIENT has the sole responsibility for compliance under this Section 1(F).
8 G. Timeline. SUBRECIPIENT shall ensure that the Program is diligently undertaken
9 and completed, and all SLFRF granted under this Agreement are fully expended, no later than
10 December 31, 2026. By August 31, 2024, SUBRECIPIENT shall analyze, and shall report to COUNTY
11 in writing, whether it can complete the Program or fully expend the SLFRF granted under this
12 Agreement by December 31, 2026. If SUBRECIPIENT is not capable of completing the Program or fully
13 expending the SLFRF granted under this Agreement on the Program by December 31, 2026,
14 SUBRECIPIENT shall return any previously issued SLFRF, which have not been bindingly obligated to a
15 permissible use, to COUNTY within fifteen calendar days. Additionally, SUBRECIPIENT shall account
16 for all SLFRF which have not been bindingly obligated to a permissible use by December 31, 2024, and
17 shall remit the same unobligated SLFRF to the COUNTY within thirty calendar days.
18 H. No Litigation. SUBRECIPIENT shall not use any SLFRF provided by the
19 COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or
20 penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against
21 SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at
22 law or in equity against COUNTY, nor institute, prosecute, or any way aid in the institution or
23 prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury
24 either to person or property, or both, whether developed or undeveloped, resulting or to result, known or
25 unknown, past, present, or future, arising out of, in any way, the terms of this Agreement.
26 I. SUBRECIPIENT agrees that if SUBRECIPIENT receives SLFRF from any other
27 local or state entity for all or any part of the Program for which SUBRECIPIENT has received SLFRF
28 from COUNTY under this Agreement, the SUBRECIPIENT shall contact COUNTY in writing within five
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1 (5) business days. SUBRECIPIENT agrees that it may be required to return all or part of the SLFRF
2 received from the COUNTY if the total amount of SLFRF from all local and state entities exceeds the
3 Program's budget, and if SUBRECIPIENT does not intend to expand the Program.
4 J. None of the personnel employed in the administration of the Program shall be in
5 any way, or to any extent engaged in, the conduct of political activities prohibited by Chapter 15 of Title
6 5, U.S. Code, as applicable.
7 K. None of the SLFRF to be paid under this Agreement shall be used for any
8 partisan political activity, or to support or defeat legislation pending before Congress.
9 2. PROCUREMENT REQUIREMENTS
10 A. SUBRECIPIENT shall comply with all procurement requirements specified in the
11 Uniform Guidance, including, but not limited to, 2 CFR Part 200 et. seq.
12 B. SUBRECIPIENT shall take all necessary affirmative steps to assure that minority
13 businesses, women's business enterprises, and labor surplus area firms are used when possible, when
14 procuring goods and services under this Agreement, including the affirmative steps described in 2 CFR §
15 200.321.
16 C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a
17 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
18 States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
19 3. REPORTING REQUIREMENTS
20 A. Quarterly Program Expenditure Report: SUBRECIPIENT shall submit to the
21 COUNTY's designated contact, as designated by the COUNTY's County Administrative Officer in writing
22 at the execution of this Agreement, Quarterly Program Expenditure Reports through the term of this
23 Agreement as provided by this Section 3.A. The reports shall contain, but not be limited to, the
24 information described in Exhibits B and C, which are attached and incorporated by this reference, and
25 must include a statement, signed by the SUBRECIPIENT, indicating that all expenditures in the report
26 comply with the Interim Rule and the Final Rule, as applicable, and ARPA guidelines for the SLFRF, as
27 set forth by the TREASURY. Quarterly expenditure reports shall be submitted to COUNTY no later than
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1 fifteen (15) days after the end of each quarter listed below for the term of this Agreement, beginning with
2 the first quarter ending after the Effective Date:
3 1) January 1 — March 31, due by April 15
4 2) April 1 —June 30, due by July 15
5 3) July 1 — September 30, due by October 15
6 4) October 1 — December 31, due by January 15
7 B. Annual Performance Report: Within fifteen (15) days after each June 30,
8 SUBRECIPIENT shall submit one "Annual Performance Report" to the COUNTY, covering all
9 performance by the SUBRECIPIENT under this Agreement for the fiscal year ending that June 30. The
10 report shall contain, but not be limited to, the information contained in Exhibit D, which is attached and
11 incorporated by this reference.
12 C. Final Report: A Final Program Report shall be submitted to COUNTY within thirty
13 (30) days upon completion of the Program. A Final Report shall include an accounting of all costs and
14 expenses incurred by SUBRECIPIENT, and any other information as the COUNTY deems necessary to
15 facilitate closeout of the Program and ensure that the COUNTY's obligations and requirements under
16 the SLFRF Program are met. The Final Program Report is not complete until COUNTY has delivered to
17 SUBRECIPIENT written acceptance of the Final Program Report.
18 4. NONDISCRIMINATION
19 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
20 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
21 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
22 employee, applicant for employment or person receiving services under this Agreement because of race,
23 religious creed, color, national origin, ancestry, physical or mental disability including perception of
24 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
25 sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military
26 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
27 shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination
28 and equal opportunity, including, without limitation, the COUNTY's non-discrimination policy; Title VI of the
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1 Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at
2 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under
3 programs or activities receiving federal financial assistance; The Fair Housing Act, Title VIII of the Civil
4 Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis
5 of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act
6 of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at
7 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving
8 federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42
9 U.S.C. sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
10 activities, and services provided or made available by state and local governments or instrumentalities or
11 agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.);
12 California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as
13 amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of
14 Federal Regulations.
15 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
16 this Section 4 in all subcontracts to perform work under this Agreement.
17 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
18 opportunity to express, and have considered, their views, grievances, and complaints regarding
19 SUBRECIPIENT's delivery of services.
20 5. CONFLICTS OF INTEREST; ETHICS
21 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
22 policy consistent with 2 CFR § 200.318(c), and that such conflict-of-interest policy is applicable to each
23 activity funded under this award. SUBRECIPIENT must disclose in writing to the TREASURY and to
24 COUNTY any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR §
25 200.12. Further, no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any
26 gifts, service, favor, employment, engagement, remuneration, or economic opportunity which would tend to
27 improperly influence a reasonable person in that position to depart from the faithful and impartial discharge
28 of the duties of that position.
1 B. No officer, agent, consultant, or employee of SUBRECIPIENT may use their position
2 to secure or grant any unwarranted privilege, preference, exemption, or advantage for themself, any
3 member of their household, any business entity in which they have a financial interest, 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 they have 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 their 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 themself, or for
12 those whom they have family or business ties, during their tenure, or for one year thereafter, for any of the
13 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
20 and effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses,
21 professional licenses or certificates, and business licenses. Such licenses, certificates, and permits will be
22 procured and maintained by SUBRECIPIENT at no expense to the COUNTY.
23 C. SUBRECIPIENT must show proof of established "indirect cost rates," as defined by
24 the 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.
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1 7. OFFICE SPACE, SUPPLIES, EQUIPMENT, AND OPERATING OVERHEAD
2 A. SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference
3 materials, and telephone service necessary for SUBRECIPIENT to provide the services and operate the
4 Program identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay
5 SUBRECIPIENT for any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such
6 items. Responsibility for the costs and expenses incurred by SUBRECIPIENT in providing and maintaining
7 such items is the sole responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall
8 comply with the Uniform Cost Administrative Principles, and Audit Requirements for Federal Awards.
9 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY
10 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with
11 TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic
12 reports to TREASURY.
13 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY for
14 SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF program,
15 SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as applicable, and
16 reporting requirements, as applicable.
17 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
18 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
19 Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve
20 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
21 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to
22 TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
23 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.
24 9. PENALTIES
25 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
26 described herein, may result in the TREASURY's recoupment of SLFRF from the COUNTY, and that in
27 such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
28 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
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1 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY
2 may impose additional conditions, as described in 2 CFR §200.208. If the COUNTY determines that
3 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
4 of the following actions, as appropriate in the circumstances:
5 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
6 refund SLFRF upon demand by COUNTY.
7 B. Temporarily withhold cash payments pending correction of the deficiency by
8 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
9 C. Disallow (that is, deny both use of funds and any applicable matching credit for) all
10 or part of the cost of the activity or action not in compliance;
11 D. Wholly or partly suspend or terminate the SLFRF;
12 E. Recommend the TREASURY initiate suspension or debarment proceedings;
13 F. Withhold further SLFRF for the Program; and
14 G. Take other remedies that may be legally available.
15 10. FINANCIAL MANAGEMENT
16 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
17 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
18 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
19 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
20 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
21 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
22 accounts that correspond to each such authorized use provided further that such separate accounts are
23 subject to this Section 10(A), and are segregated and identified by a unique identifier. In no event shall
24 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
25 or charge.
26 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
27 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
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1 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
2 Uniform Guidance requirements apply or how they apply.
3 C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement
4 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
5 Eligible Uses of SLFRF, and shall document all funding decisions. Upon request by COUNTY, the
6 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to
7 the COUNTY.
8 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
9 recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than
10 $750,000 of Federal funds during that reporting period. If SUBRECIPIENT submits a letter stating it
11 expended less than $750,000 in Federal funds, SUBRECIPIENT shall provide a recent financial
12 statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial
13 accountability submissions shall be provided to County of Fresno, County Administrative Office at 2281
14 Tulare, Room 304, Fresno, CA 93721, or electronically to e-mail address
15 fresnocao(a-)fresnocountyca.gov.
16 E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred,
17 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
18 transaction by any federal department or agency. This certification is made pursuant to the regulations
19 implemented by 2 CFR Part 200, Subpart 200.214, Debarment and Suspension, and any relevant
20 program-specific regulations. This provision shall be required of every subcontractor receiving any
21 payment in whole or in part from Federal funds.
22 F. SUBRECIPIENT shall record all costs of the Program by budget line items, which
23 shall be supported by adequate source documentation, including payroll ledgers, time records, invoices,
24 contracts, vouchers, orders, and other accounting documents evidencing in proper detail the nature and
25 propriety of all costs. At any time during normal business hours, SUBRECIPIENT's financial transactions
26 with respect to the Program may be audited by the COUNTY or independent auditors contracted by the
27 COUNTY, or any combination thereof. The representatives of the auditing agency or agencies shall
28 have access to all books, documents, accounts, records, reports, files, papers, things, property,
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1 contractors of program services, and other persons pertaining to such financial transactions and
2 necessary to facilitate the audit.
3 G. Copies, excerpts, or transcripts of all of the books, documents, papers, and
4 records, including invoices, payroll registers, time records, contracts, and accounting documents
5 concerning matters that are reasonably related to the Program shall be provided upon request to the
6 COUNTY.
7 H. Expenditures eligible for reimbursement from the SLFRF are described in Exhibit
8 B, which is attached and incorporated by this reference. SUBRECIPIENT shall not make any changes in
9 the line-item expenditures in Exhibit B without prior written approval of the COUNTY.
10 I. No cash reimbursement for purchases of any kind is allowable.
11 11. TERM
12 The term of this Agreement shall comply with ARPA Guidelines, and shall commence on the
13 Effective Date until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program
14 Report under section 3(C) of this Agreement, unless sooner terminated as provided herein.
15 Notwithstanding timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to
16 cover costs incurred during the time period set forth by the TREASURY. The COUNTY's written
17 acceptance of the Final Program Report under Section 3(C) of this Agreement shall include the COUNTY's
18 written notification to the SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The
19 County Administrative Officer or their designee is authorized to execute this written acceptance of the Final
20 Program Report and notification of term end to SUBRECIPIENT.
21 12. TERMINATION
22 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
23 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
24 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
25 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty (30)
26 days advance written notice.
27 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
28 Agreement in whole or in part, where in the determination of the COUNTY there is:
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1 1) An illegal or improper use of funds;
2 2) A failure to comply with any term of this Agreement;
3 3) A substantially incorrect or incomplete report submitted to the COUNTY;
4 4) Improperly performed service.
5 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
6 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
7 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
8 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
9 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
10 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
11 shall promptly refund any such SLFRF upon demand.
12 C. Without Cause: Under circumstances other than those set forth above, this
13 Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention
14 to terminate to SUBRECIPIENT.
15 13. GRANT FUNDING/COMPENSATION
16 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
17 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to grant
18 SUBRECIPIENT, and SUBRECIPIENT agrees to receive such grants, up to the total SLFRF grant, in an
19 amount not to exceed one hundred eighty thousand dollars ($180,000).
20 It is expressly agreed and understood that the total amount of SLFRF to be granted by COUNTY to
21 SUBRECIPIENT for the Program shall not exceed one hundred eighty thousand dollars ($180,000), which
22 will provide funding assistance to the SUBRECPIENT for the implementation of the Program, consisting of
23 expenditures related to personnel salaries and benefits, medical services, mental health services,
24 supplies, insurance, facilities, and professional fees for approximately 25 months (June 1, 2022 through
25 June 30, 2024), which the Program is responsive to the public health emergency or its negative economic
26 impacts due to the pandemic. SUBRECIPIENT shall track number of clients benefiting from
27 SUBRECIPIENT's Program, each client's community of origin and economic status, and any milestones
28 and Program achievements in its quarterly and annual reporting to the COUNTY through the course of the
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1 program term, including any aggregate data to show measurable accomplishments of the Program.
2 SUBRECIPIENT shall submit written drawdown requests for the payment of eligible necessary expenses
3 in support of the Program. Drawdown requests for the COUNTY to make a such payment shall be in
4 accordance with the sample Drawdown Request Form, attached as Exhibit B, and incorporated by this
5 reference. Drawdowns requests shall detail purchase orders, receipts, and reimbursement requests,
6 detailing items purchased, and expenses incurred or anticipated to be incurred in support of the Program
7 for items listed in Table 1-1 of Exhibit B of this Agreement.
8 In the first thirty (30) days following the Effective Date of this Agreement, SUBRECIPIENT may
9 make one (1) drawdown request to a maximum of twenty-seven thousand dollars ($27,000), equivalent to
10 fifteen percent (15%) of the Program's total budgeted amount ($180,000), to cover eligible expenditures in
11 support of the Program. The first drawdown request from SUBRECIPIENT to the COUNTY shall also be
12 accompanied by a written certification from the SUBRECIPIENT that the drawdown request for payment is
13 consistent with the amount of work scheduled to be performed or materials to be purchased with the
14 amount of funding being requested from the COUNTY, and that said drawdown request is in accordance
15 with the Program, Table 1-1 of Exhibit B of this Agreement. After appropriate review and inspection of the
16 first drawdown request, the COUNTY shall make the first payment available to SUBRECIPIENT in a timely
17 manner. After the first drawdown request, SUBRECIPIENT may make additional subsequent drawdown
18 requests to the COUNTY on quarterly basis (every 90 days)for eligible expenditures to be funded with the
19 remaining balance of the Program's budget, in accordance with this Agreement.
20 SUBRECIPIENT must work to minimize the time between the request from the COUNTY and the
21 disbursement of funds to meet the Program needs. SUBRECIPIENT is responsible for monitoring the
22 Program's cash flow needs and submitting reimbursement requests to COUNTY in a timely manner to
23 assure adequate coverage of Program needs. It is understood that all expenses incidental to
24 SUBRECIPIENT's performance of services in carrying out its Program under this Agreement shall be
25 borne by SUBRECIPIENT.
26 SUBRECIPIENT shall submit documentation to the County of Fresno, County Administrative Office
27 located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail address
28 fresnocao@fresnocountyca.gov. Payment by COUNTY shall be in arrears for services provided during
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1 the preceding period of time, within forty-five (45) days from date of receipt, verification and approval of
2 SUBRECIPIENT's invoice and supporting documentation by COUNTY. If SUBRECIPIENT fails to comply
3 with any provision of this Agreement, COUNTY shall be relieved of its obligations for further compensation.
4 B. To ensure compliance with Federal and State regulations, COUNTY may require
5 additional supporting documentation or clarification of claimed expenses as follows:
6 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
7 documentation or clarification.
8 ii. SUBRECIPIENT shall respond within five (5) business days with required
9 additional documentation or clarification to avoid disallowances/partial payment of invoice.
10 iii. All invoices containing expenses that need additional documentation or
11 clarification not provided to COUNTY within five (5) business days of request shall have those expenses
12 disallowed, and only the allowed expenses shall be paid.
13 iv. SUBRECIPIENT may resubmit disallowed expenses as a supplemental invoice
14 only, and must be accompanied by required documentation.
15 C. All expenses incidental to SUBRECIPIENT'S performance of services in carrying out
16 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
17 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
18 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
19 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
20 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
21 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT. County
22 has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
23 14. INDEPENDENT CONTRACTOR
24 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
25 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
26 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
27 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
28 employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
15
1 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
2 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
3 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
4 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
5 regulations, if any, of governmental authorities having jurisdiction over all matters subject thereto.
6 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right
7 to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable
8 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
9 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
10 to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all
11 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
12 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
13 15. MODIFICATION
14 Any matters of this Agreement may be modified from time to time by the written consent of all the
15 parties without, in any way, affecting the remainder.
16 16. NON-ASSIGNMENT
17 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
18 this Agreement without the prior written consent of the other party.
19 17. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at
20 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs
21 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
22 losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by
23 SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs
24 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
25 losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
26 performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this
27 Agreement. SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
28 TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this
16
1 Agreement.
2 The provisions of this Section 17 shall survive the termination or expiration of this Agreement.
3 18. INSURANCE
4 SUBRECIPIENT shall comply with all the insurance requirements in Exhibit G to this Agreement.
5 19. RECORDKEEPING AND CONFIDENTIALITY
6 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
7 must maintain records and financial documents for five (5) years after all SLFRF have been expended or
8 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
9 TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is
10 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
11 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
12 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
13 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
14 disclosure pursuant to the California Consumer Privacy Act (CCPA) to ensure against a breach of
15 security of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have
16 established written policies and procedures that align with CCPA, and shall follow such procedures.
17 Upon request, SUBRECIPIENT shall make available to COUNTY staff such written policies and
18 procedures, and shall be monitored for compliance.
19 20. AUDITS AND INSPECTIONS:
20 A. SUBRECIPIENT shall, at any time during business hours, and as often as the
21 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
22 with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
23 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
24 SUBRECIPIENT'S compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
25 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
26 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
27 reviewing entity deems to be appropriate in order to determine:
28 1) Whether the objectives of the Program are being achieved;
17
1 2) Where the Program is being operated in an efficient and effective
2 manner;
3 3) Whether management control systems and internal procedures have
4 been established to meet the objectives of the Program;
5 4) Whether the financial operations of the Program are being conducted
6 properly;
7 5) Whether the periodic reports to the COUNTY contain accurate and
8 reliable information;
9 6) Whether all of the activities of the Program are conducted in compliance
10 with the provisions of state and federal laws and regulations and this
11 Agreement; and
12 7) Whether all activities associated with the Program are in compliance with
13 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
14 Guidance, and any subsequent guidance issued by TREASURY.
15 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
16 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
17 by the COUNTY or its designees, and the TREASURY, for five (5)years following termination of this
18 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
19 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
20 to promptly reimburse the COUNTY for such payments upon request.
21 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
22 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
23 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
24 requirements.
25 21. NOTICES The persons and their addresses having authority to give and receive notices
26 under this Agreement include the following:
27
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1 COUNTY SUBRECIPIENT
2 COUNTY OF FRESNO Fresh Start Youth Center, Inc., DBA
Mollie's House
3 ARPA- SLFRF Coordinator Executive Director
2281 Tulare Street, Room 304 2010 N. Fine Ave, #103A
4 Fresno, CA 93721 Fresno, CA 93727
5 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
6 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
7 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
8 personal service is effective upon service to the recipient. A notice delivered by first-class United States
9 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
10 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
11 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
12 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
13 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
14 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
15 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
16 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
17 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
18 including but not limited to the Government Claims Act(Division 3.6 of Title 1 of the Government Code,
19 beginning with section 810).
20 22. GOVERNING LAW
21 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
22 California.
23 The rights and obligations of the parties and all interpretation and performance of this Agreement
24 shall be governed in all respects by the laws of the State of California.
25 23. ADVICE OF ATTORNEY
26 Each party warrants and represents that in executing this Agreement, it has received
27 independent legal advice from its attorneys, or the opportunity to seek such advice.
28
19
1
2 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
3 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
4 or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status
5 to operate as a corporation.
6 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing transactions
7 that they are a party to while SUBRECIPIENT is providing goods or performing services under this
8 agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party
9 and in which one or more of its directors has a material financial interest. Members of the Board of
10 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
11 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated herein by
12 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
13 immediately thereafter.
14 25. ELECTRONIC SIGNATURES
15 The parties agree that this Agreement may be executed by electronic signature as provided in
16 this section. An "electronic signature" means any symbol or process intended by an individual signing
17 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
18 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
19 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
20 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
21 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
22 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
23 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
24 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
25 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
26 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
27 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
28 conditioned upon the parties conducting the transactions under it by electronic means and either party
20
1 may sign this Agreement with an original handwritten signature.
2 26. ENTIRE AGREEMENT:
3 This Agreement constitutes the entire agreement between the SUBRECIPIENT and COUNTY
4 with respect to the subject matter hereof, and supersedes all previous Agreement negotiations,
5 proposals, commitments, writings, advertisements, publications, and understanding of any nature
6 whatsoever unless expressly included in this Agreement. Notwithstanding this provision, any additional
7 requirements and/or guidelines set forth by the TREASURY regarding the uses and reporting
8 requirements for ARPA SLFRF after the execution of this Agreement shall be understood to be
9 integrated into this Agreement, and binding on the parties.
10 //
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I IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first herolnabove written.
3 S BRECIPIENT COUNTY OF FRESNO
4
5 �To—rella Minot, Sys Qu leto, hairman of the Board of
Executive Director Su sor the County of Fresno
6 Fresh Start Youth Center, Inc.
DBA Mollies House
7
8
ATTEST:
9 Mailing Address: Bernice E. Seidel
10 Fresh Start Youth Center,Inc., Clerk of the Board of Supervisors
DBA Mollie's House County of Fresno, State of California
2010 N.Fine Avenue,Sufte103A
11 Fresno, CA 93703
12
13
14 By:
Deputy
15 FOR ACCOUNTING USE ONLY:
Fund: 0026
16
Subclass: 91021
17
ORG: 1033
18
Account:7845
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Exhibit A
Program Description
SUBRECIPIENT is a nonprofit organization that provides essential services, such as emergency
housing, therapeutic and mental health services, academic support, and case management to young
girls ages 11-17 who are victims of crimes or human trafficking through its ESV program. Since the
SUBRECIPIENT's clients are generally waiting to be placed in the legal custody of the State, and are
not yet wards of the State Court, SUBRECIPIENT also provides medical care for rescued victims.
SUBRECIPIENT provides victim assessments resulting in individual service/treatment plans that
include therapeutic techniques, such as Cognitive Behavioral Therapy, Dialectical Behavioral Therapy,
Eye-Movement Desensitization and Reprocessing Psychotherapy, and Equine Therapy. Each service is
provided via SUBRECIPIENT's STRTP, which provides housing to persons served for three months to a
year, or through their Emergency Housing Program, which provides transitional housing for up to thirty
days. SUBRECIPIENT aims to serve 60 girls within a project year.
SLFRF will provide funding assistance to help fund operational expenses for the implementation
of the SUBRECIPIENT's Program, consisting of expenditures related to personnel salaries and benefits,
medical services, mental health services, supplies, insurance, facilities, and professional fees. The
provision of SLFRF to SUBRECIPIENT under this Agreement is intended to support a strong and
equitable recovery from the COVID-19 pandemic and economic downturn by providing funding
assistance to the SUBRECIPIENT.
A-1
Exhibit B
Subrecipient Expenditure Plan
SUBRECIPIENT shall provide to COUNTY drawdown requests for payments for eligible
expenses to complete the Program. In the first thirty (30) days following the Effective Date of this
Agreement, SUBRECIPIENT may make one (1) drawdown request to a maximum of twenty-seven
thousand dollars ($27,000), equivalent to fifteen percent (15%) of the Program's total budgeted amount
($180,000), to cover eligible expenditures in support of the Program. The first drawdown request from
SUBRECIPIENT to the COUNTY shall also be accompanied by a written certification from the
SUBRECIPIENT that the drawdown request for payment is consistent with the amount of work
scheduled to be performed or materials to be purchased with the amount of funding being requested
from the COUNTY. Drawdowns requests shall detail purchase orders, receipts, and reimbursement
requests, detailing items purchased, and expenses incurred or anticipated to be incurred in support of
the Program for items listed in Table 1-1 of Exhibit B of this Agreement.
B-1
Exhibit B (continued)
Table 1-1, Expenditure Plan
Expense Name Cost(Annual Per Year) Request Budget Narrative
Personnel Expenses
Program Director Torella Minor $40,000.00 $54,000.00 Daily project oversight
Program Coordinator Renee Lang 536,000.00 $48,600.00 Daily coordination with youth served
Subtotal,Personnel Expenses 576,000.00 $102,600.00
Program Expenses
Food and Client Care Supplies 530,300.00 $0.00 3 meals a day+snacks for girls in
emergency housing,clothing,hygiene
supplies,COVID19 protocols,room
fumishings
Data Collections,Eval,Reporting 510,700.00 $5,000.00 Data collection,needs evaluation,impact
reporting
Educational Supplies $18.230.00 $0.00 Includes Zoom subscription,learning
software subscription,technology,
textbooks,and tutoring fees
Equine Therapy 515,000.00 $14,000.00 $50/gid/session,provided by Abundant Life
Ranch Therapy.
Medical Providers 513,000.00 $12,300.00 Emergency medical services for
participants.MediCal does not cover
treatment or medication for rescued
participants(emergency housing)
Psychiatric and Counseling $15,000.00 $21,500.00 $350/psychiatric consultation.Therapy
Providers provided by Joint Opportunities and Clear
Thinking Alliance Counseling.MediCal
does not cover treatment or medication for
rescued participants(emergency housing)
Automobile/Insurance $19,450.00 $6,600.00 Program transportation,van rentals,and
repairs.Insurance.
Subtotal.Program Expenses $121.680.00 $59.400.00
Other Expenses
Insurance 548,050.00 $1,500.00 Providing service to minors requires people
and high amounts of insurance
Office Expense $7,150.00 50.00 Paper,ink,telephone,etc.
Professional Fees 57,150.00 $12,500.00 Legal,accounting,and grant management
Rental Payments S 16,000.00 $0.00 Meeting and workshop space,
transportation
Repairs and Maintenance $14,300.00 $4,000.00 Facility costs
Taxes and Licenses $56,650.00 50.00 Misc.taxes
Utilities $10,600.00 50.00 Electricity,gas,water,sanitation,pest
control
Subtotal.Other Expenses $159.900.00 $18,000.00
TOTAL EXPENSES $356,580.00 $180,000.00
B-2
Exhibit B (continued)
Drawdown Request Form
Date:
County of Fresno
ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
Fresno, CA 93721
Subject: Drawdown Request for
Subrecipient Program Subrecipient Name
In accordance with the executed Agreement for the above-referenced Program, the
[SUBRECIPIENT NAME] is requesting drawdown payment of$ in support of the
Program.
The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the
amount of work that has been completed to date, detailing items purchased, and expenses
incurred or anticipated to be incurred in support of the Program in accordance with the
Subrecipient Expenditure Plan (Exhibit B, Table 1-1) documented in the executed Agreement,
and as evidenced by the enclosed invoices and supporting documents.
Payee Invoice #/ Contract # Amount
Sincerely,
[Subrecipient Officer]
[Subrecipient Name]
Enclosure(s)
B-3
Exhibit C
Template Quarterly Expenditure Report
PROGRAM
Tax Identification Number or Unique ID (TIN or Agreement Number:
SAM):
Name of Entity: Program Name:
Reporting Period State Date: Reporting Period End Date:
Expenditure Category: Public Health
Total Award: $180,000 Remaining Balance:
EXPENDITURES
Category
Expenditures Obligations Period Period
to date ($) to date ($) Expenditures Obligations
1 Behavioral Health
1.12 Mental Health Services
TOTAL
Describe program achievements and upcoming milestones:
Quarterly Status Report, select one:
Not started
Com feted less than 50 percent
Completed more than 50 percent
Completed
PROJECT STATUS
AUTHORIZED SIGNATURE
Signature Date
Prepared by
(Print name)
C-1
Exhibit D
Annual Performance Report
All SUBRECIPIENTs that receive State and Local Fiscal Recovery Funds (SLFRF) awards are
required to produce an Annual Report. The Annual Report provides information on the
SUBRECIPIENT's Program, and how it plans to ensure program outcomes are achieved in an
effective and equitable manner.
The initial Annual Report must cover the period from the date of award to the following June 30th and
must be submitted to the County within 15 calendar days after the end of the reporting period.
Thereafter, the Annual Report will cover a 12-month period and subrecipients will be required to
submit the report to the County within 15 calendar days after the end of the 12-month period (by July
15th).
PeriodAnnual Covered Due Date
ReD
rt
1 • Award — June 30, 2023 July 15, 2023
2 July 1, 2023 — June 30, 2024 July 15, 2024
3 July 1 2024 — June 30 2025 July 15 2025
4 July 1, 2025 — June 30, 2026 July 15, 2026
5 1 July 1, 2026 — December 31, 2026 1 January 15, 2027
Instructions:
SUBRECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
Responsibilities (Reporting Guidance) located at: https:Hhome.treasury.gov/system/files/136/SLFRF-
Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
D-1
Exhibit E
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a contractor's board of
directors ("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 used 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.
The form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
E-1
(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:
E-2
Exhibit F
U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a) Subrecipient understands and agrees that the funds disbursed under this award may only be used
in compliance with section 603(c)of the Social Security Act (the Act), Treasury's regulations
implementing that section, and guidance issued by Treasury regarding the foregoing.
b) Subrecipient will determine prior to engaging in any project using this assistance that it has the
institutional, managerial, and financial capability to ensure proper planning, management, and
completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
December 31, 2024.
3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
they relate to this award.
4. Maintenance of and Access to Records.
a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
section 603(c)of the Act, Treasury's regulations implementing that section, and guidance issued by
Treasury regarding the foregoing.
b) The Treasury Office of Inspector General and the Government Accountability Office, or their
authorized representatives, shall have the right of access to records (electronic and otherwise) of
Subrecipient in order to conduct audits or other investigations.
c) Records shall be maintained by Subrecipient for a period of five (5)years after all funds have been
expended or returned to Treasury, whichever is later.
F-1
5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
from this award.
6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct
and indirect costs as specified in the Scope of Work.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest
policy consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each
activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the
pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
accordance with 2 C.F.R. § 200.112.
9. Compliance with Applicable Law and Regulations.
a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted
by Treasury pursuant to section 602(f)of the Act, and guidance issued by Treasury regarding the
foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations,
and executive orders, and Subrecipient shall provide for such compliance by other parties in any
agreements it enters into with other parties relating to this award.
b) Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
inapplicable to this Award and subject to such exceptions as may be otherwise provided by
Treasury. Subpart F -Audit Requirements of the Uniform Guidance, implementing the
Single Audit Act, shall apply to this award.
F-2
ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25, pursuant
to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
by reference.
iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described in 2
C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
implementing regulation at 31 C.F.R. Part 19.
V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth
in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
ix. U.S.C. §§4601-4655) and implementing regulations.
X. Generally applicable federal environmental laws and regulations.
c) Statutes and regulations prohibiting discrimination applicable to this award include, without
limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
ii. implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
race, color, or national origin under programs or activities receiving federal financial
assistance;
iii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
which prohibits discrimination in housing on the basis of race, color,
iv. religion, national origin, sex, familial status, or disability;
F-3
V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity receiving
federal financial assistance;
vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
the basis of age in programs or activities receiving federal financial assistance; and
vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
seq.), which prohibits discrimination on the basis of disability under programs, activities, and
services provided or made available by state and local governments or instrumentalities or
agencies thereto.
10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
violation of section 602 (c) (1)or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
subject to withholding as provided in sections 602(b)(6)(A)(ii)(111)of the Act, as applicable.
11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
employees whose principal employment is in connection with an activity financed in whole or in part by this
federal assistance.
12. False Statements. Subrecipient understands that making false statements or claims in connection
with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
or contracts, and/or any other remedy available by law.
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13. Publications. Any publications produced with funds from this award must display the following
language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRP
3678 awarded to County of Fresno by the U.S. Department of the Treasury."
14. Debts Owed the Federal Government.
a) Any funds paid to Subrecipient (1) in excess of the amount to which Subrecipient is finally
determined to be authorized to retain under the terms of this award; (2)that are determined by the
Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury
to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and
have not been repaid by Subrecipient shall constitute a debt to the federal government.
b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
actions available to it to collect such a debt.
15. Disclaimer.
a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
damages, or any other losses resulting in any way from the performance of this award or any
contract, or subcontract under this award.
b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
between the United States and Subrecipient.
16. Protections for Whistleblowers.
a) In accordance with 41 U.S.C. §4712, Subrecipient may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
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provided below, information that the employee reasonably believes is evidence of gross
mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
a violation of law, rule, or regulation related to a federal contract (including the competition for or
negotiation of a contract) or grant.
b) The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
V. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
has the responsibility to investigate, discover, or address misconduct.
c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217
(Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company-owned, rented or personally owned
vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6,
2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
to decrease accidents caused by distracted drivers.
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
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As a condition of receipt of federal financial assistance from the Department of the Treasury, the
Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of
Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
and other arrangements with the intention of providing assistance. Federal financial assistance does not
encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from, or funds made available through the
Department of the Treasury, including any assistance that the Subrecipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in
the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
memoranda, and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
with Limited English Proficiency," seeks to improve access to federally assisted programs and
activities for individuals who, because of national origin, have Limited English proficiency (LEP).
Subrecipient understands that denying a person access to its programs, services, and activities
because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly,
Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
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directives, to ensure that LEP persons have meaningful access to its programs, services, and
activities. Subrecipient understands and agrees that meaningful access may entail providing
language assistance services, including oral interpretation and written translation where necessary,
to ensure effective communication in the Subrecipient's programs, services, and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
develops applicable budgets and conducts programs, services, and activities. As a resource, the
Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information
on taking reasonable steps to provide meaningful access for LEP persons, please visit
http://www.lep.gov.
4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Subrecipient and
Subrecipient's successors, transferees, and assignees for the period in which such assistance is
provided.
5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
agrees to incorporate the following language in every contract or agreement subject to Title VI and
its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
subcontractors, successors, transferees, and assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits subrecipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin (42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title V1
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
this contract(or agreement). Title Vl also includes protection to persons with "Limited
English Proficiency"in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title Vl
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regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement.
6. Subrecipient understands and agrees that if any real property or structure is provided or improved
with the aid of federal financial assistance by the Department of the Treasury, this assurance
obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
during which the real property or structure is used for a purpose for which the federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits.
If any personal property is provided, this assurance obligates the Subrecipient for the period during
which it retains ownership or possession of the property.
7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
of the Treasury of the aforementioned obligations. Enforcement may include investigation,
arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
and reporting requirements.
8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English
proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
completed, including outcome. Subrecipient also must inform the Department of the Treasury if
Subrecipient has received no complaints under Title VI.
9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
compliance of Title VI and efforts to address the non-compliance, including any voluntary
compliance or other agreements between the Subrecipient and the administrative agency that
made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
of any court or administrative agency finding of discrimination, please so state.
10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
responsible for ensuring that sub-recipients also comply with Title VI and other applicable
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authorities covered in this document. State agencies that make sub-awards must have in place
standard grant assurances and review procedures to demonstrate that they are effectively
monitoring the civil rights compliance of subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document, and nothing in this document alters or limits the federal enforcement measures that the United
States may take in order to address violations of this document or applicable federal law.
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Exhibit G
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the SUBRECIPIENT or any third
parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not less than
Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000). This policy must be issued on a per occurrence basis. Coverage must include
products, completed operations, property damage, bodily injury, personal injury, and advertising
injury. The SUBRECIPIENT shall obtain an endorsement to this policy naming the County of
Fresno, its officers, agents, employees, and volunteers, individually and collectively, as
additional insureds, but only insofar as the operations under this Agreement are concerned.
Such coverage for additional insureds will apply as primary insurance and any other insurance,
or self-insurance, maintained by the County is excess only and not contributing with insurance
provided under the SUBRECIPIENT's policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must
include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of the State
of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars
($3,000,000). If this is a claims-made policy, then (1) the retroactive date must be prior to the
date on which services began under this Agreement; (2) the SUBRECIPIENT shall maintain the
policy and provide to the County annual evidence of insurance for not less than five years after
completion of services under this Agreement; and (3) if the policy is canceled or not renewed,
and not replaced with another claims-made policy with a retroactive date prior to the date on
which services begin under this Agreement, then the SUBRECIPIENT shall purchase extended
reporting coverage on its claims-made policy for a minimum of five years after completion of
services under this Agreement.
(F) Molestation Liability. Sexual abuse/ molestation liability insurance with limits of not less than
Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of Four Million
Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
(G)Cyber Liability. Cyber liability insurance with limits of not less than Two Million Dollars
($2,000,000) per occurrence. Coverage must include claims involving Cyber Risks. The cyber
liability policy must be endorsed to cover the full replacement value of damage to, alteration of,
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loss of, or destruction of intangible property (including but not limited to information or data) that
is in the care, custody, or control of the SUBRECIPIENT.
Definition of Cyber Risks. "Cyber Risks" include but are not limited to (i) Security Breach, which
may include Disclosure of Personal Information to an Unauthorized Third Party; (ii) data breach;
(iii) breach of any of the SUBRECIPIENT's obligations under[identify the Article, section, or exhibit
containing data security obligations] of this Agreement; (iv) system failure; (v) data recovery; (vi)
failure to timely disclose data breach or Security Breach; (vii) failure to comply with privacy policy;
(viii) payment card liabilities and costs; (ix) infringement of intellectual property, including but not
limited to infringement of copyright, trademark, and trade dress; (x) invasion of privacy, including
release of private information; (xi) information theft; (xii) damage to or destruction or alteration of
electronic information; (xiii) cyber extortion; (xiv) extortion related to the SUBRECIPIENT's
obligations under this Agreement regarding electronic information, including Personal Information;
(xv)fraudulent instruction; (xvi)funds transfer fraud; (xvii)telephone fraud; (xviii) network security;
(xix) data breach response costs, including Security Breach response costs; (xx) regulatory fines
and penalties related to the SUBRECIPIENT's obligations under this Agreement regarding
electronic information, including Personal Information; and (xxi) credit monitoring expenses.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the SUBRECIPIENT signs this Agreement, and
at any time during the term of this Agreement as requested by the County's Risk Manager or the
County Administrative Office, the SUBRECIPIENT shall deliver, or cause its broker or producer
to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno, California
93721, or HRRiskManagement@fresnocountyca.gov, and by mail or email to the person
identified to receive notices under this Agreement, certificates of insurance and endorsements
for all of the coverages required under this Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been obtained
and is in full force; (2) the County, its officers, agents, employees, and volunteers are not
responsible for any premiums on the policy; and (3) the SUBRECIPIENT has waived its
right to recover from the County, its officers, agents, employees, and volunteers any
amounts paid under any insurance policy required by this Agreement and that waiver
does not invalidate the insurance policy.
(ii) The commercial general liability insurance certificate must also state, and include an
endorsement, that the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, are additional insureds insofar as the operations under this
Agreement are concerned. The commercial general liability insurance certificate must
also state that the coverage shall apply as primary insurance and any other insurance, or
self-insurance, maintained by the County shall be excess only and not contributing with
insurance provided under the SUBRECIPIENT's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any auto
used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must also state
the retroactive date of the policy, which must be prior to the date on which services
began under this Agreement.
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(v) The cyber liability insurance certificate must also state that it is endorsed, and include an
endorsement, to cover the full replacement value of damage to, alteration of, loss of, or
destruction of intangible property (including but not limited to information or data) that is
in the care, custody, or control of the SUBRECIPIENT.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be issued
by admitted insurers licensed to do business in the State of California and possessing at all
times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VII.
(C) Notice of Cancellation or Change. For each insurance policy required under this Agreement,
the SUBRECIPIENT shall provide to the County, or ensure that the policy requires the insurer to
provide to the County, written notice of any cancellation or change in the policy as required in
this paragraph. For cancellation of the policy for nonpayment of premium, the SUBRECIPIENT
shall, or shall cause the insurer to, provide written notice to the County not less than 10 days in
advance of cancellation. For cancellation of the policy for any other reason, and for any other
change to the policy, the SUBRECIPIENT shall, or shall cause the insurer to, provide written
notice to the County not less than 30 days in advance of cancellation or change. The County in
its sole discretion may determine that the failure of the SUBRECIPIENT or its insurer to timely
provide a written notice required by this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the SUBRECIPIENT has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this Agreement, then
the County requires and is entitled to the broader coverage, higher limits, or both. To that end,
the SUBRECIPIENT shall deliver, or cause its broker or producer to deliver, to the County's Risk
Manager certificates of insurance and endorsements for all of the coverages that have such
broader coverage, higher limits, or both, as required under this Agreement.
(E) Waiver of Subrogation. The SUBRECIPIENT waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of worker's
compensation insurance required by this Agreement. The SUBRECIPIENT is solely responsible
to obtain any policy endorsement that may be necessary to accomplish that waiver, but the
SUBRECIPIENT's waiver of subrogation under this paragraph is effective whether or not the
SUBRECIPIENT obtains such an endorsement.
(F) County's Remedy for Subrecipient's Failure to Maintain. If the SUBRECIPIENT fails to keep
in effect at all times any insurance coverage required under this Agreement, the County may, in
addition to any other remedies it may have, suspend or terminate this Agreement upon the
occurrence of that failure, or purchase such insurance coverage, and charge the cost of that
coverage to the SUBRECIPIENT. The County may offset such charges against any amounts
owed by the County to the SUBRECIPIENT under this Agreement.
(G)Subcontractors. The SUBRECIPIENT shall require and verify that all subcontractors used by
the SUBRECIPIENT to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize the
SUBRECIPIENT to provide services under this Agreement using subcontractors.
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